HomeMy WebLinkAbout1989-01-10; City Council; 9808; ACCEPTANCE OF A GRANT DEED FOR DRAINAGE PURPOSES FOR THE CARLSBAD GATEWAY CENTER, PD 277Adopt Resolution No. 89-7 accepting a Grant Deed for Drainage purpo
ITEM EXPLANATION:
On February 23, 1988 the City Council adopted Resolution No. 88-45 accep a grant deed easement for drainage purposes. Said Grant Deed was n recorded because changes in the alignment were required. During the co of construction it was decided to relocate the storm drain in a effort to several oak trees. This Grant Deed easement replaces the previous ease by moving the easement several feet to the west (on the same property).
The City Clerk is instructed to deliver the accepted Deed to the offic Asaro and Keagy in order to expedite requirements for escrow as stated ir attached Exhibit No. 4.
FISCAL IMPACT:
Requiring dedications as a condition of development will save the City expc in the future right-of-way acquisitions.
1. Location Map.
2. Grant Deed from Dorothy K. Ebright, dated June 27, 1988.
3.
4.
Resolution No. 89-9
Letter from Asaro and Keagy
accepting a Grant Deed for Drainage purpc
0 g E 3
5
8
.. Z 0
a
i 0 z 3
c YOCATION M%
DRAINAGE EASEMENT LOCATION --.
E< I- PROJECT NAME: SDP 84-5 t CARLSBAD
GATEWAY CENTER DRAINAGE EASEMENT
Orher NO. * 1 *. ' 0 L . .-
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
CITY OF CAliLSBAD
1200 Elm Avenue
Carlsbad, CA 92006
0
SPACE ABOVE THIS LINE FOR RECORDER'S USE
I a i,
CONSULTING CIVIL ENGINEERS AND LAND SURVEYOR'
IL . -. - - ..* - 5, ,-'-'-vi*\I--.
.. T 1 - - -._ - ,-.- - - -.-n ,.,**,x -
1 -_- - ._ ,_- - __
84136 06-05-87 Revised
0 8 -0 7-8 7
0 9 -1 0-8 7
10-0 8-87
.I 10-2 1-87
0 3-0 1-8 8
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%0'58" East 102.00 feet along the Northeasterly line of said land to the
TRUE POINT OF BEGINNING; thence North 12"24'13" East 25.26 feet to Point
"A"; thence continuing North 12??4'13" East 56.99 feet; thence North 20~1'30"
East 4.00 feet to Point "B"; thence continuing North 20?31'30" East 16.35 feet to
the beginning of a tangent curve ConeEve Westerly having a radius of 150.00
feet; thence Northerly 41.37 feet along said curve through a central angle of
15 "4 8'0 8".
The widths of said strips shall be as follows: From the True Point of Beginning
to said Point "Att said strip shall be 40.00 feet wide, lying 20.00 feet on each side
of said reference line; from said Point "A" to said Point "B" said strip shall be
20.00 feet wide, lying 12.50 feet Westerly and 7.50 feet Easterly of said referenc line; and from said Point ''Btr to the Northerly terminus of said reference line said strip shall be 50.00 feet wide, lying 25.00 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.
alifornia 92714 7141261-2222 FAX# 474-
Inland Empire Office 1630 E. Francis St., Ste. B Ontario, Californla 91761 7141947-0447 FAX# C
San Dlego County Office 5235 Avenida Encinas, Ste D Carlsbad, California 92008 61914384:
\
\ ./
... -. * ..
\ -\I
Teu' po'mr df &-G/M,+~.~
NE 2 y L/MP-PF< /mK u? 80- /90349, 0, e*/
@ FUTUZ! CAYGAR Dfl.
@ FffTUkX PALMER WRY
t//C//t//rY /YAP
NO .fCAL[
17782 SKY PARK eouLEVARD IRVINE, CALIFORNIA 92714
fB.Q/GkiT f'ROPERr y
[XU/B/ r " 0 I'
e 0 8 !?e
S-h7778& m x;c9 L pr xnn
rn$CRI VTXON
Thst pttion of Lot "R" of hrxcho &ua f33diomIa in the Qty of Carlqha3,
County of San Dteqo, State of California, accordiq to bhp thereof So. 823,
filed in the 4)Pfice of th~ O3tin~y &corder of Satn Diego (btmty, Vovmher 16,
1896, dezmxi.hd as folLows:
Canrzencing, at the emmon corner of Jate "i? and "D" QO the Flortherlv bowrrfar
line of said lot -73'' thence South 20' 13' 00" Fhst, 2273.70 feat3 thence Sout
20' 31' 30" \&st, 2391.50 fe%t to m interfxdction dth the *J'artttcrly riqht of
w'ty line of County hztZ A-13 60.00 feet wide (98 shotm 0'1 Record of Survey No.
517, filed in the Office of the Btmty Recorder cL ?an Meqo muunty, October
23, 1935; thence dorq th tlortheasterly line of Cimty ha? A-13 88 shown on
said Reor..] of &tvey No. 517, South 89' 12' tN3" Fast 3.54 feet to the True
Point of BeqinninK; thence retracinq dory, last two dasorihd courses; North
%.lo 12' 00' that, 3.54 feet and North 20* 31' 30" ?&st, 779.n7 feet to the
Srruthestcrly corner of land (iesctihe.1. in Dee4 to Ethel V. Wilson, recaad .line 23, lc?S8 tn P.nk 7234, page 299 of Off icdsl Recor4s; thence slot% the
%utheriy and Easterly boudarg of said V11~0n's lad, ?forth 89' 57' V?" Fast
324.00 feeti and North 20' 31' 30": Fasse 136.52 feet; thence ?ouch 53* 58' 30
%ST, 650.98 feet; thence %uth 10' 28' 00' West, 44R.26 feet; thence North 64' 00' 48" &art, 5135.71 feet to a pint herein 4asiqnate:i as Point "A" thenc
%>uth 58' 13' 32" itest, 680,Ofl feet to an intersection with the Morthcasterly
rtqht oE way line of sal4 CDtmtty Road P-13; thence &LOT Piaid MortheaatetLy
~jne North 21'' 35' 00" %st apptm~imatc1y 50.~1 feet to t\a mint of
€?e9 inn In3 .
Exceptfny therefrm that wrtion lying Southerly of a line d-ilch beire thrth
64' 00' 53" West frm said hint "A- as dessdgnftteci ahQJe.
EXHIBIT z
.. . ( ** e 0 . , .L
RESERVATIONS AND CONDITIONS TO ACCOMPANY AN EASEMENT:
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 "E"
(MDDCTZ)
e 0
t
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated
from Dorothy K. Ebright
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbal
California pursuant to resolution No. 89-9 , adopted
on January 10, 1989 , and the grantee consents to the
recordation thereof by its duly authorized officer.
June 27, 1988 ,’
DATED : January 11 , 1989
By : J R*- ALETHA L. RAUTENKRANZ, City/Clei
1
2
3
4
5 '
7
8
9
10
11
12
13
I*
15
16
17
18
19
20
21
22
23
24
25
26
27
28
0 0
RESOLUTION NO. 89-9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT
DEED.
WHEREAS, Dorothy K. Ebright has submitted a Grant Deed conve
easement to the City of Carlsbad for drainage purposes over a portion (
of the Rancho Agua Hedionda; and
WHEREAS, the City Council of the City of Carlsbad has determined
in the public interest to accept said Deed;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the'City of Ci
California, as follows:
1. That the above recitations are true and correct.
2. That the Grant Deed from Dorothy K. Ebright, dated June 2;
conveying an easement for drainage purposes over a portion of Lot B of th
Agua Hedionda to the City of Carlsbad which is on file with the City C'
is incorporated herein by reference, is accepted.
3. That the City Clerk is authorized to cause the original Det
delivered to Asaro and Keagy, Attorneys at Law, attention Richard R. F)
with the appropriate Certificate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsl
10th day of January , 198 Council held on the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and &LZL /.'
NOES: None
ABSENT: None
ClAUDE A. L S, Mayor
ATTEST:
&t&-
ALETHA (SEAL) L. muiNKti*k
e a
ASARO & KEAGY
ATTORNEYS AT LAW
FRANK L. ASARO FOURTH FLOOR
ROSCOE D. KEAGY 3170 FOURTH AVENUE
RICHARD R. FREELAND
STEVEN A. McKlNLEY
ARNOLD NEVES, JR.
SAN DIEGO. CALIFORNIA 92103
TELEPHONE (6191 297-3170
C. LARRY DAVlS TELECOPIER (619) 299-4268
MARY ELLEN ATRIDGE IN REPLY
REFER TO.
September 27, 1988
e: Easement Deed - Ebright to City of Carlsbad Carlsbad Gateway Project
We have previously transmitted to you for acceptance by the City Council, an Easement Deed conveying certain rights to the City of Carlsbad from Mrs. Ebright. We requested that you return this Deed
to us for submittal to escrow after it was accepted by the City.
The purpose of depositing this Deed into escrow is so that we can
obtain a title insurance policy insuring the City's interest in the
property being obtained, and so that the Subordination Agreement may
be recorded concurrently with the Easement Deed.
In addition, the consideration being paid for the easement rights can transfer through escrow at such time as the documents have been appropriately recorded and the policy of title insurance issued.
Please feel free to call should you have any questions regarding this matter.
Very truly yours,
ASARO & KEAGY
gjl 67. F- L
Richard R. Freeland
RRF : mad
xc Mr. Fred Walters
DK:MDLTR1/092788a
EX4\ 4 17
e 9
I
1200 ELM AVENUE TELEPF
CARLSBAD, CALIFORNIA 92008 (619) 434
Office of the City Clerk MitQ df &ElBbltb
January 11, 1989
Asaro & Keagy
Attorneys at Law
3170 Fourth Ave., Fourth Floor
San Diego, CA 92103
Attn: Richard Freeland
Re: Acceptance of Grant Deed for Drainage Purposes -
Carlsbad Gateway Center - PD-277
The Carlsbad City Council, at its meeting of January 10, 1989,
adopted Resolution No. 89-9, accepting a grant deed from Dorothy K.
Ebright for drainage purposes.
In accordance with instructions from our Engineering Department,
we are returning the original deed to your office for submittal
to escrow.
the appropriate Certificate of Acceptance attached.
The deed has been accepted by the City and has
giiiz?cNFr eputy City Clerk
Enc .
cc: Engineering