HomeMy WebLinkAbout1988-06-07; City Council; 9456; GRANT DEED ACCEPTANCE FOR A STORM DRAIN EASEMENTe Y 0 I
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ClYOF CARLSBAD - AGENWBILL I/ /;;2 c
AB# 9'fCiL TITLE: DEPT. HI
MTG. 6-7-88 GRANT DEED ACCEPTANCE FOR CITY All
DEPT. ENG. CITY MG
RECOMMENDED ACTION:
A STORM DRAIN EASEMENT
Adopt Resolution No. f?. -J7? accepting a Grant De
easement to provide right-of-way for the construction storm drain facilities.
ITEM EXPLANATION:
This item is a request for Council acceptance of a draina easement located along El Camino Real adjacent to t
Carlsbad Gateway Project (SDP 84-5). The easement
needed to install a storm drain pipe and associat
facilities to convey drainage from the newly install median along this portion of El Camino Real.
Davis/Walter/Gadco Carlsbad Gateway Center, a Calif orr
General Partnership has provided the easement i
acceptance by the City and is presently constructing t
drainage facility, both without cost to the City.
The easement is located adjacent to the easterly right-c way of El Camino Real as shown on Exhibit 1 and has bc determined satisfactory for the intended use.
FISCAL IMPACT:
No detailed economic impact analysis has been performt
There will be maintenance costs associated with 1
drainage facility.
EXHIBITS :
1. Location Map.
2. Grant Deed.
3. Resolution No. 88-17? accepting the Grant Dec
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EASEMENT
RECORDING REQUESTED BY ., 0 -I * x-
City of Carlsbad
c . 1200 Elm Avenue
C?&&d&t$k%C&8f@MAIL TO
r 1 City of Carlsbad
1200 Elm Avenue Name
Street Carlsbad, CA 92008 Address
Clty &
State L J
r 1 MAIL TAX STATEMENTS TO
Name DAVIS/WALTERS/GADCO
Street 1400 Bristol Street North Address
Clty &
State L J
Carlsbad Gateway
Newport Beach, CA
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
$ 2.2 The undersigned grantor(s) declare(s): Q'K t Documentary transfer tax is NIL
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E A SE M E NT Partnership Grant Deed PD 277 APN 209-0 CAT NO "00586
TO 1925 CA (11-83) THIS FORM FURNISHED BY TICOR TITLE INSURERS
( ) computed on full value of property conveyed, or
( ( ) Unincorporated area: ( X ) City of Carlsbad
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
DAVIS/WALTERS/GADCO Carlsbad Gateway
a general partnership organized under the laws of the State of California
hereby GRANTS to the City of Carlsbad, a Municipal Corporation, an easement for storm dra
purposes over, under, and across
) computed on full value less value of liens and encumbrances remaining at time of sale. , and
the following described real property in the City of Carlsbad County of San Diego , State of California.
See Exhibit "A", page one, for legal description, incorporated herein, and Exhibit ItBrr for
reference only (attached hereto).
AND the right of grantee to discharge water over and across the real property as described i
Exhibit rrCIT.
DAVIS/WALTERS/GADCO Carlsbad G
BY:
CARLSBAD GATEWAY ASSOCIATES,
California General Partnership B Dated: Januarv 19. 1988
COUNTY OF Orange
On January 19, 1988 before
me, the undersigned, a Notary Public in and for said
State, personally appeared Wi 1 liam K . Davis
I- ss-
STATE OF CALIFORNIA
personally known to me or proved to me on the basis of satisfactory evidence to be the person who exe-
of the partners of the partnership that executed the
within instrument, and acknowledged to me that such
partnership executed the same.
cuted the within instrument as Car 1 s Ed Gat e way Associates
DEE3RTh f,!QRE=&L
NOTARY FU?".lc. c,ir.l~@~: WITNESS my hand and official seal. FFY 22.*L CF: 8-z l;d
OkliGE CCLl?jrY Cornmrr.-!cn Exp. Bar. 29,
--=3Tzm!-w
(This area for official notarial seal]
Title Order No. Escrow or Loan No.
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DAVIS/WALTERS/GADCo Carlsbad Gateway, a
California General Partnership
By: GREAT AMERICAN DEVELOPMENT COMPANY, a
a General Partner
By : d L&
FZ e/Gc-
Its: Ju!
PARTNERSHIP ACKNOWLEDGMENT
the undersigned Notary Public, personally appeared
& personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on beh
partnership, and acknowledged to me that the partnership exec
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PARTNERSHIP GRANT DEED
DAVIWWALTERWGADCo Carlsbad Gateway to City of Carlsbad Acknowledgements
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO )
) ss.
I 1988, before me, the On Famv-v+ 4
undersigned, a Notary Pub ic 'n a d for said State, personally
appeared ,/
tile or proved to me on the basis of satisfactory evidence to be the persons who xecuted the within in trument as ~C~JI~~ - v\CO 6%Fs tde'~6 and U~CQ. $iCS-\ dh b$ of Great
American Development Company, a California corporation, a
General Partner of DAVIS/WALTERS/GADCo CARLSBAD GATEWAY, a California general partnership, and acknowledged to me that the
corporation executed it on behalf of DAVIS/WALTERS/GADCo CARLSBAD GATEWAY.
w, \ \ \ CCCLL t.. Le&,; and
\ -e- f" GCI bfre-C) , personally known to -
WITNESS my hand and official seal. J
S?iN DiEGO COUNTY -y%-+ Notary County Public nd State iri an for s iCi
[ SEAL 1
CALIFORNIA
, 1988, bef
a California general
executed i half of DAVIWWA
[ SEAL 1
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CONSULTING CIVIL ENGINEERS AND LAND SURVEYOR
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84136
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LEGAL DESCPIPTION
STORM DRAIN EASEMENT
That portion of Parcel 1 in the City of Carlsbad, County of San Diego, State of California, as shown on Parcel Map No. 10060 in the office of the County Record of said County, included within a strip of land, 15.00 feet in width, the centerline of said strip being described as follows:
Commencing at the Southeasterly terminus of that certain course shown as "N.
23°05'0011 W. 403.49 feet" on Record of Survey Map No. 10674, in the office of said County Recorder, for a portion of the Southwesterly line of said Parcel 1; thence North 23°05'0011 West 97.27 feet along said Southwesterly line to the TRUl POINT OF BEGINNING; thence North 62q31521t East 30.10 feet.
The sidelines of said strip to be prolonged or shortened to terminate Southwester: in said Southwesterly line.
Subject to covenants, conditions, reservations, restrictions, rights of way and
easements, if any, of record.
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EXHIBIT "A "
Corporate Office 17782 Sky Park Blvd. Irvine, California 92714 714/261-2222 FAX# 474-9
Inland Empire Office 1630 E. Francis St., Ste. B Ontario, California 91761 7141947-0447 FAX# 94
San Diego County Office 5235 Avenida Encinas, Ste. D Carlsbad, California 92008 6191438433
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IRVINE. ' (714) CALIFORNIA 261-2222 92714 1 STORM ::GMENT DRAIN b
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WlLLlAMSON%SCHMlD
CO**"'I NO c "8t f*O'*fl.¶ .NO rr*o 5J.rf.o.S
17782 SKY PARK 80ULEVARD
APPROVED BY R '/@,/La> / s 17dA milfrr
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DESCRIPTION
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DESCRIPTION d
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Y Westerly of the following described line: it
t Commencing at the Southwesterly corner of said Parcel 1; thence along the
Southerly line of said Parcel 1 and the Southerly line of said Parcel 2, Nor n 82" 43' 12" East, 646.96 feet to the True Point of Beginning; thence leaving
.1: the Southerly line of said Parcel 2 North 07" 16' 48" West, 361.55 feet to a i point in the Westerly line of said Parcel 2 which is distant thereon South 1
35' 22" East, 30.54 feet from the most Westerly, Northwest corner of said
Parcel 2; thence along said Westerly line North 12' 35' 22" West, 30.54 feet
to the most Westerly, Northwest corner of said Parcel 2; thence along the
most Northerly corner of said Parcel 1.
Excepting therefrom the interest as granted to the City of Carlsbad by deed
All tPpse portions of Parcels 1 and 2, in the City of Carlsbad, County of Sz
Diego; State of California as shown at Page 10060 of Parcel Maps, filed in 1
Office of the County Recorder of San Diego County, May 23, 1980, lying
-!
11 Easterly line of said Parcel 1, North 12" 35' 22'' West, 594.58 feet to the
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iJ recorded May 11, 1982 as File No. 82-139475 being more particularly describe
0 as follows: E
Beginning of the Southeast corner of said Parcel 1; thence along the Souther
S boundary of Parcel 1, South 82" 43' 12" West 36.00 feet; thence leaving said
Southerly boundary North 7' 16' 48" West 338.37 feete to a tangent 464 foot
radius curve, concave Southwesterly; thence Northerly along the arc of said
curve through a central angle of 5" 18' 34" a distance of 43.00 feet; thence
tangent to said curve North 12" 35' 22" West 7.36 feet; thence North 77" 24'
38'' East 36.00 feet to the Easterly boundary of said Parcel 1; thence along
said Easterly boundary South 12" 35' 22'' East 30.54 feet; thence continuing
along said Easterly boundary South 7" 16' 48'' East 361.55 feet to said
Southeast corner of Parcel 1.
Also excepting therefrom all oil, mineral , gas and other hydrocarbon
substances below a depth of 500 feet from the surface of said land without tl
right of surface entry, as reserved by Palomar Vista, Ltd., a limited
partnership, in deed recorded September 30, 1977 as File No. 77-401720.
EXHIBIT 'IC"
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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 January 19, 1988
from Davis/Walters/GADCO
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsba
California pursuant to resolution No. 88-179 , adopted
on June 7, 1988 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: June 8, 1988
By : ALL 64R- ALETHA L. RAUTENKRANZ, C1.y Cle:
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RESOLUTION NO. 88-179
ACCEPTING A GRANT DEED EASEMENT TO PROVIDE RIGHT-OF-WAY FOR THE CONSTRUCTION OF STORM DRAIN FACILITIES.
WHEREAS, the City Council of the City of Carlsbad has detc
it to be in the public interest to provide for public storm dl
improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the C
Carlsbad, California, as follows:
1.
2. That the Grant Deed conveying an easement for
drainage purposes, from Davis/Walter/Gadco Carlsbad Gateway C
A California General Partnership, dated January 19, 1988, wh
on file with the City Clerk and is incorporated by this refe
is approved.
That the above recitations are true and correct.
3. That the City Clerk is hereby authorized to cau:
original Grant Deed to be recorded in the Office of the (
Recorder of San Diego County, State of California, wit
appropriate Certificate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting 4
Carlsbad City Council held on the 7th day of June
by the following vote, to wit:
AYES:
NOES: kme &/ 17;
ABSENT: None
Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
&&4 k ' dl& DE A. X~IS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Cierk (SEAL)