HomeMy WebLinkAbout1986-02-18; City Council; 8521; ACCEPT DRAINAGE EASEMENTS ON CARLSBAD BOULEVARDAB# ~~~~ TITLE:
MTG.
DEPT. ENG
02/18/86 ACCEPT DRAINAGE EASEMENTS
ON CARLSBAD BOULEVARD
DEPT.
CITY I
CITY I
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Cl@ OF CARLSBAD - AGEN- BILL 1
RECOMMENDED ACTION:
By motion, adopt Resolution No. LfS? accepting easemenl for storm drainage purposes on Carlsbad Boulevard.
ITEM E XPLANATIPN :
As a condition of approval of Building Permit and Site Plan approval San Diego Gas and Electric was required to offer foi dedication storm drain easements along Carlsbad Boulevard.
The above easements are necessary for the construction of tht
storm drains in connection with the Phase I and I1 of Carlsbi Boulevard improvements.
FISCAL IMPACT
Requiring dedications as a condition of development will save
the City exp,enses in the future right-of-way acquisitions.
EXHIBITS
1. Location Map.
2. Grant Deed.
3. Resolution No. pvo g accepting easements €or storm drainage purposes on CzrTsbad Boulevard.
vIc1N1Ty MAI
N.T.9.
L a PROJECT NAME PROJ-NO- E
CARLSBAD BLVD. DRAINAGE EASEMENTS 3205
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Q Recording Requeste bbY
SAK DIEGO GAS & ELECTRIC COMPANY
When Recorded
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Mail to: SDG&E, P. 0. BOX 1831
ATTN : Office Services, Room 611
San Diego, CA 92112
SPACE ABOVE FOR RECORDER'S USE
Transfer Tax None
SAN DIEGO GAS & ELECTRIC C
GRANT OF EASEMENT
SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Gr
for valuable consideration, grants to the CITY OF CARLSBAD, a municipal corporati
hereinafter called "Grantee", an easement and right of way for storm drainage pur
and incidentals thereto, through, over, under and across Grantor's land, together
the right of ingress and egress, to and along said easement, situated in the Citj
Carlsbad, County of San Diego, State of California, described as follows:
Those certain strips of land 15.00 feet in width lying within Lot
of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the
Office of the County Recorder of said County of San Diego, the center lines
of which are described in Parcels 1 through 7 as follows:
Parcel 1:
Commencing at a point on the center line of Carlsbad Boulevard,
formerly U.S. Highway 101, relinquished by the State of California per
relinquishment agreement recorded in Book 5103, Page 172 of Official Record:
of said County of San Diego; said point shown and delineated as State Highw;
Station 394 + 63.74 on Record of Survey Map No. 1806, filed in said County
Recorder's Office; thence along said center line on the arc of a 5,000.00
foot radius curve concave Southwesterly, a radial line of said curve at sai
point bears North 53' 00' 46" East (record North 53' 07' 10" East); through
central angle of 01' 47' 25", a distance of 156.33 feet; thence along the
Northeasterly prolongation of a radial line of said curve North 54O 48' 11"
East, 50.00 feet to a point on the Northeasterly right of way line of said
Carlsbad Boulevard and being the TRUE POINT OF BEGINNING of the center line
herein described; thence continuing North 54' 48' 11" East, 38.00 feet.
Parcel 2:
Commencing at said State Highway Station 394 + 63.74 described in
Parcel 1 above; thence along said center line of Carlsbad Boulevard and alc
the arc of said 5,000.00 foot radius curve concave Southwesterly, through a
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central angle of 06O 22' 17", a distance of 556.23 feet; thence along the
Kortheasterly prolongation of a radial line of said curve, North 59O 23' 12'
East, 50.00 feet to a point on the Northeasterly right of way line of said
Carlsbad Boulevard and being the TRUE POINT OF BEGINNING of the center line
herein described; thence continuing North 59' 23' 12'' East, 77.00 feet.
Parcel 3:
Commencing at said State Highway Station 394 + 63.74 described in
Parcel 1 above; thence along said center line of Carlsbad Boulevard, and
along the arc of said 5,000.00 foot radius curve concave Southwesterly,
through a central angle of 10' 58' 50", a distance of 958.23 feet; thence
along the Northeasterly prolongation of a radial to said curve North 63O 59
34'' East, 50.00 feet to a point on the Northeasterly right of way line of
said Carlsbad Boulevard and being the TRUE POINT OF BEGINNING of the canter
line herein described; thence continuing North 63O 59' 36" East, 100.00 fee
Parcel 4:
Commencing at a point on the center line of Carlsbad Boulevard,
formerly U.S. Highway 101, relinquished by t.he State of California per
relinquishment agreement recorded in Book 5103, Page 172 of Official Record
of said County of San Diego; said point shown and delineated as State Highw
Station 384 + 01.27 on said Record of Survey Map No. 1806; thence along sai
center line of Carlsbad Boulevard, South 24O 48' 44" East (record South 24O
42' 20" East), 345.76 feet; thence North 65O 11' 16'' East, 50.00 feet to a
point on the Northeasterly right of way line of said Carlsbad Boulevard and
being the TRUE POINT OF BEGINNING of the center line herein described; then
continuing North 65O 11' 16'' East, 48.00 feet.
Parcel 5:
Commencing at said State Highway Station 384 + 01.27 described ir
Parcel 4 above; thence along said center li,ie of Carlsbad Boulevard, South
24O 48' 44'' East (record South 24O 42' 20" East), 805.76 feet; thence Nortk
65O 11' 16'' East, 50.00 feet to a point on the Northeasterly right of way
line of said Carlsbad Boulevard and being the TRUE POINT OF BEGINNING of ti
center line herein described; thence continuing North 65O 11' 16" East, 58.
feet.
Parcel 6:
Commecning at said State Highway Station 384 + 01.27 described i
Parcel 4 above; thence along said center line of Carlsbad Boulevard, South
24O 48' 44" East, 1344.76 feet; thence South 45O 11' 16" West, 50.00 feet
a point on the Southwesterly right of way line of said Carlsbad Boulevard
being the TRUE POINT OF BEGINNING of the center line herein described; the
North 54O 48' 44" West, 62.00 feet.
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Parcel 7:
Commencing at the center line intersection of Carlsbad Boulevard,
formerly U.S. Highway 101 and Sequoia Avenue, as shown on the Map of CarlsbE
Recorder's Office; thence along the center line of said Carlsbad Boulevard,
South 36" 50' 54" East, 418.07 feet; thence South 53O 57' 44" West, 50.10
feet to a point on the Southwesterly right of way line of said Carlsbad
Boulevard and being the TRUE POINT OF BEGINNING of the center line herein
described; thence continuing South 53O 57' 44" West, 150 feet, more or less
to the mean high tide line of the Pacific Ocean.
Tract 81-44, according to Map thereof No. 10672, filed in said County
The sidelines of those strips of land 15.00 feet in width describe
above shall be lengthened and/or shortened so as to be continuous and ter-
minate in the Northeasterly right of way line of Carlsbad Boulevard for saic
Parcels 1 through 5, in the Southwesterly right of way line of Carlsbad
Boulevard for said Parcels 6 and 7 and the mean high tide line of the Pacif
Ocean for said Parcel 7.
Grantee, its successors, assigns, agents or contractors, shall be respl
for any damage to Grantor's existing facilities occasioned by or arising from th
struction, operation or maintenance of Grantee's facilities within said Grantor'
p rope r ty .
Grantee covenants for itself, its successors, assigns, agents or contr
that all work in connection with the installation of Grantee's facilities and
appurtenances shall be done in a workmanlike manner and in accordance with stand
engineering practices *
Grantor reserves unto itself, its successors and assigns, the right to
subsurface, surface and airspace thereover, of the hereinbefore described easerne
right of way, for the installation of such facilities as it shall IIQW or in the
deem necessary. Such rights shall not be exercised by Grantor, its successors o
assigns, in such a manner as to be unreasonably incompatible with Grantee's
installation.
Grantee shall at all times indemnify and save harmless Grantor against
in full any and all loss, damage or expense that Grantor may sustain, incur or t
liable for, resulting in any manner from the construction, maintenance, use, st2
repair c1r presence of Grantee's facilities installed hereunder and all necessarj
proper fixtures and equipment for use in connection therewith, including any suc
damage or expense arising out of the (a) loss or damage to property, and (b) in:
or death of persons, including the defense of any action arising therefrom.
Grantee covenants for itself, its successors and assigns that should (
discontinue use of this easement for the purposes set forth herein, then all ril
granted in this easement shall terminate and Grantee, upon receipt of written r(
shall execute and deliver to Grantor a good and sufficient Quitclaim Deed to a1
herein granted.
Grantor, its successors and assigns, shall not be required to bear an:
of the cost of construction, maintenance, alteration, repair, replacement, re101
removal of Grantee's facilities installed within the easement herein granted.
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The terms, covenants and conditions of this easement and right of way
binding upon and inure to the benefit of Grantor, its successors and assigns, an
Grantee, or in any other or altered form it may assume.
IN WITNESS WHEREOF, the said San Diego Gas & Electric Company has caus
Instrument to be executed in its corporate name b its officer thereunto duly au
this sa0 day of Z~ltlAPd , 19 &.
SAN DIEGO GAS & ELECTRIC COMPANY,
a corporation .
BY &&ALu&v-
E. M. Gabrielson, Manager
Land & Envirsnnaental Department
Drawn McGuire
Date 12-23-85
S.B.E. No.: 141-37-73F
A.P. No. 210-010-24 & 33
Checked --- ,&# r A
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO Cnqw 3, /98h , before me, the undersigned a Notary Public in
and or said Sthte,' personarly appeared E. M. Gabrielson, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Manager, Land & Environmental
Department, on behalf of San Diego Gas & Electric Company, the corporation
therein named and acknowledged to me that
instrument pursuant to its by-laws or a
resolution or its board of directors.
ss *
such corporation executed the within
ROTARY WBUC - CALIFDRI(M
PmNcipAL @PICE m slvl DIE00 Coum
'I Commisria Exp. April 21,1987
WITNESS my hand and official seal.
S igna ture
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RESOLUTION NO, 8409 --a A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED.
WHEREAS, San Diego Gas and Electric has submitted a
Grant Deed conveying easements to the City of Carlsbad fc
storm drainage purposes for Carlsbad Boulevard; and
WHEREAS, the City Council of the City of Carlsbad h(
determined it to be in the public interest to accept saic
Deed;
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i NOW, THEREFORE, BE IT RESOLVED by the City Council (
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct
2. That the Grant Deeds' from San Diego Gas and
15 easements for Carlsbad Boulevard to the City of Carlsbad
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which is on file with the City Clerk and is incorporated 1 herein by reference, is accepted.
i 3. That the City Clerk is authorized to cause the
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i Recorder of San Diego County, State of California, with
the appropriate Certificate of Acceptance attached. I'
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PASSED, APPROVED AND ADOPTED at a regular meeting Of
the Carlsbad City Council held on the 18th day of
February , 1986 by the following vote, to wit:
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AYES: Council Members Casler, Lewis, Kulchin, Chick an(
NOES: None
ABSENT: None
L/f-<4 Lj- LA.-,
ASLER, Mayor ATTEST :
ALETHA L. RAUT
(SEAL)
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