HomeMy WebLinkAbout1988-02-23; City Council; 9302; GRANT DEED ACCEPTANCE FOR SDP 84-5, CARLSBAD GATEWAY CENTER |EBRIGHT EASEMENTS|i
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CIOOF CARLSBAD - AGENaBlLL " A13
DEPT. HI
CITY AT i CITY MG
AB# %@=2, TITLE:
MTG. 2;2!3-88
DEPT. ENGR (Ebright Easements)
RECOMMENDED ACTION:
GRANT DEED ACCEPTANCE KIR
SDP 84-5, -BAD GATEWAY CENTEF!
Adopt Resolution No. fg-qS- drainage purposes together with the right of incmss and egress. accepting a Grant Deed Easement f
m lm?um!EoN:
mineering Staff recoBmnends acceptance of an easement to provj right-of-way for the construction of a storm clrain inlet, undw pipe, and an outlet with erosion control riprap. -it 1 indicat the easement location.
The improvements are required to acccrmmodate drainage from Cougar Dr! and Palmer Way, located to the west and currently under construction the developer of Site Developmnt Plan Number 84-5. The developer 1 secured the easement from Mrs. Dorothy K. Ebrj.ght without cost to 1
City and without the need for condemnation. The developer continuing to negotiate with Mr. Wrisley to complete right-of-
requirements for the facilities.
The city has completed review of the impmment plans and ease me^ associated with Site Developmnt Plan Number 84-5 and has de-
that this offsite easement is satisfactory for the intended use.
Condemnation may be necessary.
FISQal IMPAcr:
No detailed ecodc impact analysis has been prformd.
maintenance costs associated with the drainage facilities.
There will
E2mIKrE:
1. bxation Map.
2. GrantDeed.
3. Resolution No. rrd qs- appuvhg execution of the Grant De€
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LOCATION MAP
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DRAINAGE EASEMENT LOCATION
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PROJECT NAME: SDP 84-5, CARLSBAD r- 'EXHI
.- GATEWAY CENTER DRAINAGE EASEMENT I
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1200 ELM AVENUE TEL
CARLSBAD, CALIFORNIA 92008 (619)
Office of the City Clerk
Mi& of Marlsttab
February 24, 1988
Cal West Escrow Company
Escrow Nos. 9787-5 and 9788-5
TO BE PICKED UP BY A REPRESENTATIVE OF CAL-WEST
Enclosed, per the instructions of Mr. Roscoe Keagy, and the City of
Carlsbad Engineering Department, are the following easements
for recordation with the San Diego County Recorder:
Grant Deed from Ralph and Hope Wrisley
to The City of Carlsbad; Slope Easements
APN: 209-040-23
Grant Deed from Ralph and Hope Wrisley
to The City of Carlsbad; Easement for
Storm Drain and Slope Purposes;
APN: 209-040-23
Grant Deed from Ralph and Hope Wrisley
to The City of Carlsbad; Easement for
Storm Drain and Slope Purposes
APN: 209-040-23
Grant Deed from Dorothy K. Ebright
to The City of Carlsbad; Easement for
Storm Drainage Purposes, and Right of
Ingress and Egress; A€": 209-040-15
The recordation of these documents are of benfit to the City, and
therefore, no fee should be charged for recordation of these
documents.
yzEr Deputy City Clerk
Encs.
0 0;der No:, - Escrow-No. , '
I. .,Loan Nb.
CO DED MAIL TO: V@ EerP City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
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CONSULTING CIVIL ENGINEERS AND LAND SURVEYORS
84136
Revised 06-0 5-8 7
08-07-8 7
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10-0 8-8 7
EXHIBIT "A"
LEGAL DESCRIPTION STORM DRAIN EASEMENT EBRIGHT PROPERTY
That portion of Lot B of the Rancho Agua Hedionda in the City of Carlsbad,
County of San Diego, State of California, as shown on Map No. 823 in the office
of the County Recorder of said County, included within a strip of land of varying widths, the reference line and widths of said strip being described as follows:
Commencing at the most Northerly corner of the land described in the deed to
Ralph Wrisley and Hope Wrisley recorded June 16, 1980 as Instrument No.
80-190949 of Official Records in the office of said County Recorder; thence South 64°00'581T East 103.39 feet along the Northeasterly line of said land to the
TRUE POINT OF BEGINNING; thence North 2Oo3l13Of1 East 15.00 feet to Point
"Af1; thence continuing North 20°31130f1 East 66.56 feet to Point ttBrr; thence continuing North 2Oo31'3O1' East 20.00 feet to the beginning of a tangent curve concave Westerly having a radius of 100.00 feet; thence Northerly 35.00 feet
along said curve through a central angle of 20°03T131T.
The widths of said strips shall be as follows: From the True Point of Beginr,ir,g to said Point llAT1 said strip shall be 30.00 feet wide, lying 15.00 feet on each side of said reference line; from said Point lTA" to said Point trBtr said strip shall be 20.00 feet wide, lying 12.50 feet Westerly and 7.50 feet Easterly of said reference line; and from said Point rrBtt to the Northerly terminus of said reference line said strip shall be 40.00 feet wide, lying 20.00 feet on each side of said reference line.
The sidelines of said strip to be prolonged or shortened to terminate Southerly in
said Northeasterly line.
Corporate Office 17782 Sky Park Blvd. Imine, California 92714 7141261-2222
Inland Empire Office 1630 E. Francis St., Ste. B Ontario, California 91761 7141947-0447
San Diego County Office 5375 Avenida Encinas, Ste. C Carlsbad, Caiifornla 92008 6191438.4
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@ hI 20"31'30"E 15.0
@ N 20"31 '30"E 2o.c
@ A- 20"03'13" E= IOO.~O
L= 35.00'
5TDRM DPAld EAljEMENr 0.091 dCEE5
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do. 00- 190949,O.lZ.
@ FUTUE PALMEEWY
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VIClhtITY MAP u.r. 5.
A LEGAL OESCeIPrlo~
17782 SKY PARK BOULEVARD 5fORM DRAIN IRVINE, CALIFORNIA 92714
(714) 261-2222 EASEMENT
EBRIGLIT PEOPERTY'
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A Temporary Construction Easement described as follows:
That certain parcel of land, shown as "TEMPORARY CONSTRUCTION EASEMENT" on EXHIBIT ttC-lrt attached hereto and made a part hereof.
This temporary easement shall be for a period of one year from the date of recordation thereof and shall automatically terminate at such time, or sooner upon the recordation of a notice of completion of the storm drain or drains referred to herein.
EXHIBIT "C"
08/13/81
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@ N W031'30"E
@ N 20'31'30-E
@ A=20"03'17
R= 100.00'
L: 35.00' /----PoINf -0''
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EASEMENT (0
0 PEPMAWT 5rc - 40.01 ;y- 4 & DRAlhl E45EME
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DE=g'BfD " 'W5T "l0.&-,4 u ELy LJuE PEj 'hJsr NO 88 -1 30
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@ FUTUQE CoUGAQ DIZIdE
\/ICINITY MAP -
N.T. 5.
REV. 6-7-87, E€\J.9-2-87, QJ5d 3-10-@7, REV. 10-8-07
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wm-ccr TO ACCOMPANY SCALE : I "t
DRAWN BY J
SURVEYED I
CHECKED B
(714) 261-2222 CONSTRUCTIOIJ FIELD BOOB
EA5EMEINT' DATE 6 - 9
A LEGAL OESCl29PrlOd B WLLlAMSON%SCHMlD LUI(,VL~IMO CIVIL c*otM&ce) AWO L~*O sumvcroms
Cd TEMPORARY 17782 SKY PARK BOULEVARD
IRVINE, CALIFORNIA 92714
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APPROVED BY
E BRI G U r PROPERT 'f' JOB NO.
LLj 3246 EXfJl0lT "C-1 " 84f 3G
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5477734
DS XF.1 n ION
mscRInIuN
That potion of Lat "€T' of Rancho Agub kd€on.la In the City of Carlsbed,
County of San Dieqo, State of California, accordin; to I+xp thereof No. 823,
flld in the Office of the (bunty &corder of San Mego amty9 :bvaher 16,
1896, describe3 as follow:
Conaencing at the cmion cornet of hts "C? 8nd "D" on the Northerly boundar:
1irlc of Said Idt "r thence South 20' 19' 03" %st, 2273.70 feet; thence %ut1
20' 31' 33" est, 2391.50 feet to an fnterrwction d,th the Yortherly rlght of
"ty line of County Road A-13 60.00 feet wide as shown m itecod of Survey !io,
517, fila! in the OPfice of the Bmty Recorder of Szln Mepo bunty, October
23, 1935: thexe 810% thr Northeasterly line of Gomty Road A-13 88 shown on
said &cord of %mey No. 517, South 83" 12' 00- Fast 3.% feet to the True
Paint of Beginning; thence retraciq aloe last TWO describe3 courses; North
8'Jo 12' 00' kst, 3.54 feet and North 2C' 31' 30" Wst, 779-07 feet to the
9Juthuesterl.y corner of land described in Deed to Ethel ?I. Vllson, recodd
June 23, 1958 fn Bok 7134, page 290 of Official Records; thence aloq the
Sothetly and Easterly bourrterg oi said Ullson's Lad, North 89* 57' 09" kiss
324.00 feet; nnd Narth 20' 31' 30": East 136.52 feet; thence Such 59' 58' 30'
hst, 650.96 feet; thence South 10' 28' 00' &st, 44R.26 feet; thence North
fA0 00' 56" \&st , 585.71 feet to a point bereln designated lis puint "A" thencr
Buch 5R0 13' 32" &st, 680,OO feet to an intersection with th Bortheaeterly
rQht of way line of said (3untty 8~3d A-13; thence alow said Nortbeasterly
1ino North 21' 35' 00' %&st apprahately 59.00 feet to rhe Point of
B2g innink
Excepting therefran that portion I~4ng Southerly of a line &ich bear8 Wrrh
64O 08' 5s" West froa said Point "R a6 designate! abave. r
EXMW " D 'I
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RESERVATIONS AND CONDITIONS TO ACCOMPANY AN EASEMENT:
EBRJGHT PROPERTY
Reserving unto the GRANTOR Herein, its heirs and assigns, the con-
tinued use of the above-described easement area subject to the following
conditions :
The erecting of buildings, masonry walls, masonry fences,
and other structures shall be prohibited; the planting or
growing of trees and the changing of the surface grade shall
be prohibited except by written permission from the
GRANTEE.
If a substituted drainage facility is constructed on the real property
referred to herein, but at a different location(s), the GRANTEE agrees
to quitclaim the easement and right of way granted herein when it is no
longer required, on condition that a permanent easement and right of
way required for said substitute drainage facility is granted to the
GRANTEE, which in the sole discretion of the CITY OF CARLSBAD will
provide an equivalent easement and facility for drainage as that con-
veyed herein.
EX H I B I T If E"
(MDDCT2/EBRlGHTl)
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated December 4, 1987
from
to the Citylof Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution NO. 88-45 , adopted
on February 23, 1988 , and the grantee consents to the
recordation thereof by its duly authorized officer.
Dorothy K. Ebr-ght .......................................
DATED: February 24, 1988
By :
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REsoLITI?oN No. 88-45
A RESOWI'ION OF 'IHE CITY COUNCIL OF THE CITY OF CARISBAD, CAlXFOHNIA, ApE9213vING ACCEPTANCE OF A
GRANT DEED FOR lXUN?GE HJRRXES.
WHEREAS, the City Council of the City of Carlsbad has determined il
in the public interest to pruvide for public storm drainage ixnpravements.
N(sw, THEREFoRe, BF: I" =Lm by the City Council of the C:
Carlsbad, California, as follows:
1.
2. ?hat the Grant Deed c0nveyh-g an easement for storm d~
purposes, fmm mrothy K. Ebriat, dated - 4, 1987, which is on fil
the City Clerk and is im=orporated by this ref-; is qmed.
lhat the above recitations are tme and correct.
3. lhat the Mayor is authorized to execute the deed and the City
is hereby authorized to cause the original Grant Deed to be recorded
Office of the County Recorder of San Diego q, State of California.
PASSED, m AND mPI'ED at a regular meeting of the Carlsbac
Council held on the 23rd day of February ,1988 by the following vo
wit:
1 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
I NOES: None
mm: None /A/& //,// ,' ' / / (.-(?, &E-A. m~, myor mhm:
A ALEm3!*~4i!&CG&
(SEAL!
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ASARO & KEAGY
ATTORNEYS AT LAW
FRANK L. ASARO FOURTH FLOOR
ROSCOE D. KEAGY 3170 FOURTH AVENUE
RICHARD R. FREELAND SAN DIEGO, CALIFORNIA 92103
TELEPHONE (619) 297-3170 STEVEN A. McKlNLEY
ARNOLD NEVES, JR.
THOMAS P. SAYER, JR.
IN REPLY December 22, 1987 REFER TO
Mr. Dan Clark
Office of City Engineer
2075 Las Palmas Drive
Carlsbad, CA 92009
Re: Carlsbad Gateway/ Ebright
Dear Mr. Clark:
Enclosed is a Grant Deed which has been executed by Dorothy K. Ebright, which grants an easement for storm drainage, construction ,
and maintenance, together with temporary construction easements and
easements for ingress and egress as required, as a condition of the
Carlsbad Gateway project.
The Grant Deed has been furnished to you for acceptance by the
City Council. After approval of the Deed by the City, it is understood
that it will be delivered to Cal-West Escrow Company, Escrow No. 9787-J, for recording of the Subordination Agreements, Deed, and any other documents to effectuate clear title to the City.
Please feel free to call should you have any questions.
Very truly yours,
ASARO G KEAGY --.
Roscoe D. Keagy
RDK :mad
Enc.
xc Mr. Fred
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