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Home My WebLink About1989-03-28; City Council; 9940; Accept Grant Deed-- / Cl=’ OF CARLSBAD - AGENT‘, BILL q9 0 u/i AB# WsLa TITLE: MTG. 3-78-89 ACCEPTANCE OF A GRANT DEED FOR WATERLINE PURPOSES DEPT.ENC. PD 314/PR 3.5.41 - RAINTREE SQUARE RECOMMENDED ACTION: Adopt Resolution No. fy-74 accepting a Grant Deed for Waterline purposes. ITEM EXPLANATION: As a condition of approval of Conditional Use Permit CUP 87-10 the owner, is required to offer for dedication an easement for waterline and access purposes across portions of Parcel 3 of Parcel Map No. 14028. Said easement extends easterly from the east terminus of Raintree Drive. FISCAL IMPACT: Requiring dedication as a condition of development will save the City expenses in the future easement acquisitions. EXHIBITS: 1. Location Map. 2. Grant Deed from Herrick Holdings Ltd., dated November 23, 1988. 3. Resolution No. rqey6 accepting a Grant Deed for waterline purposes. LOCATION MAP MAP NO. I0899 PROJECT SITE s PROPOSED WATERLINE PREPARED BY: BUCC-J~ 619/721-2000 ENGINEERING, -nc. 3142 Vista Way. Suite 301 0 Oceanside. CA 92054 ‘-0 ‘ROJECT NAME T PROJECT * EXHIBIT WAT[;.~ER:.M:AIN : EA.S.EMENT l?D.314 I IN PARCEL 3 OF PARCEL MAP NO. 14028 I 1 2 3 4 F Y 6 7 E 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED FOR WATERLINE PURPOSES, PARCEL 3 OF PARCEL MAP 14028. WHEREAS, Herrick Holdings Ltd. has submitted a Grant Deed conveying easements to the City of Carlsbad for waterline purposes over a portion of Parcel 3 of Parcel Map No. 14028; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to accept said Deed; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed from Herrick Holdings Ltd. dated November 23, 1988, conveying easements for waterline purposes over a portion of Parcel 3 of Parcel Map No. 14028, being located east of the easterly terminus of Raintree Drive, to the City of Carlsbad which is on file with the City Clerk and is incorporated herein by reference, is accepted. 3. That the City Clerk is authorized to cause the original Deed to be recorded in the Office of the County Recorder of San Diego County, State of California, with the appropriate Certificate of Acceptance attached. . PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 28th day of March , 1988 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Mamaux, Larson & Pettine NOES: None ABSENT: None ATTEST: RECORDING REQUESTED tjr , City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 AND WHEN RECORDED MAN. TO r 1 Nsme City of Carlsbad 1200 Elm Avenue Street Address Carlsbad, CA 92008 City & State L -I MAIL TAX STATEMENTS TO r 1 Name Herrick Development 2775 Via De La Valle, Ste. 204 ?%% De1 Mar, CA 92014 APN 21 s-450-22 CAT. NO. NNOO686 TO 1925 CA (2-93) L . SPACE ABOVE THIS LINE;;R3R;Ct;DER’S USE Partnership Grant Deed CUP ‘87=-l 0 PD 314 tHI8 CORM FUINISHED BY TICOR TITLL IN8URLRS City 81 state L -J The undersigned grantor(s) declare(s): lb++@- 4 Documentary transfer tax is 43-Easement ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale, ( ) Unincorporated area: ( x) City of Carl sbad ,md FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Herrick Holdings Ltd. limited hereby GRANTS to partnership organized under the laws of the State of the City of Carlsbad, a Municipal Corporation, an easement for waterline purposes over, under and across the following described real property in the Ci ty of Carl s bad County of San Diego , State of California. See Exhibit 'A' page one of one, for legal description, incorporated herein, and as shown on Exhibit 'B' for reference only, attached hereto. Dated: Herrick Holdings Ltd. I BY .,’ :“’ . do&& Partner STATE OF CALIFORNIA - COUNTYOF _ -San Dies0 __- ---‘/ ss- On November 23, 1988 before me, the undersigned, a Notary Public in and for said State, personally appeared W. J. Herrick / rv / / / known. to me mc~~m~ ~&KC to be the person 7 instrument as aal: wyoheyfx Dartier of the partners of the partnership that. executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official yal. . Partner GFFICIAL SEAL t Nancy K. Trumpfheller ) .Vt*!-ry Public-Caltfarnta 7nc1paI Office In (This area for official notarial seal) Title Order No. Escrow or Loan No. .“A II -l-A” C-l-Al-l-..rkITP AE nlDCPTCn *anrrc October 28, 1988 Job No. 52-5 CITY REF. PR 3.5.41 CRMWD 84-212(A) EXHIBIT ‘IA ” A LEGAL DESCRIPTION FOR 15 FOOT WATERLINE EASEMENT OVER PARCEL 3 OF MINOR SUBDIVISION NO. 678 PURSUANT TO CONDITIONAL USE PERMIT NO. 87-10. EXHIBIT "A" THAT PORTION OF PARCEL 3 OF MINOR SUBDIVISION NO. 678, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 14028 FILED NOVEMBER 18, 1985 AS RECORDER'S FILE NO. 85-434716, OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 3, SAID NORTHWESTERLY LINE ALSO BEING THE EASTERLY LINE OF RAINTREE DRIVE AND A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 50.00 FEET, SAID POINT OF BEGINNING BEING DISTANT NORTHEASTERLY 11.31 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12"57'21" FROM THE MOST WESTERLY CORNER OF SAID PARCEL 3, A RADIAL LINE THROUGH SAID POINT OF BEGINNING BEARS SOUTH 22"18'05' EAST; THENCE NORTHEASTERLY 32.13 FEET ALONG SAID NORTHWESTERLY LINE AND 50.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 36"49'02", A RADIAL LINE TO THE NORTHEASTERLY END OF CURVE BEARS SOUTH 59"07'07" EAST; THENCE NORTH 75"10'06" EAST 106.27 FEET ("LINE A" FOR DESCRIPTION PURPOSES); THENCE SOUTH 59"49'54" EAST 15.37 FEET ("LINE B" FOR DESCRIPTION PURPOSES); THENCE SOUTH 3"32'19" EAST 90.01 FEET ("LINE C" FOR DESCRIPTION PURPOSES); THENCE NORTH 86"27'41" EAST 6.50 FEET; THENCE SOUTH 3"32'19" EAST 15.00 FEET; THENCE SOUTH 86'27'41" WEST 6.50 FEET; THENCE SOUTH 3"32'19" EAST 11.45 FEET; THENCE SOUTH 86"27'41" WEST 50.00 FEET ("LINE D" FOR DESCRIPTION PURPOSES); THENCE NORTH l"32'20" WEST 1.33 FEET; THENCE SOUTH 88"27'40' WEST 8.00 FEET; THENCE NORTH l"32'20" WEST 12.00 FEET; THENCE NORTH 88"27'40" EAST 4.00 FEET; THENCE NORTH l"32'20" WEST 1.54 FEET TO A LINE PARALLEL WITH AND 15.00 FEET NORTHERLY OF THE AFOREMENTIONED "LINE D"; THENCE NORTH 86"27'41' EAST 38.48 FEET ALONG SAID PARALLEL LINE TO A LINE PARALLEL WITH AND 15.00 FEET WESTERLY OF THE AFOREMENTIONED 'LINE .C'; THENCE NORTH- 3"32'19" WEST 93.43 FEET ALONG SAID LAST MENTIONED PARALLEL LINE TO A LINE PARALLEL WITH AND 15.00 FEET SOUTHWESTERLY OF THE AFOREMENTIONED "LINE B"; THENCE NORTH 59'49'54" WEST 1.13 FEET ALONG SAID LAST MENTIONED PARALLEL LINE TO A LINE PARALLEL WITH AND 15.00 FEET SOUTHERLY OF THE AFOREMENTIONED "LINE A"; THENCE SOUTH 75"10'06' WEST 128.47 FEET ALONG SAID LAST MENTIONED PARALLEL LINE; THENCE NORTH 14"49'54" WEST 1.22 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 4255 SQUARE FEET, MORE OR LESS. -ep ared by: Dennis A. Brown LS 4789 Registration expires g/30/92 . *, - fXff/B/T 23’ 5KLTCH 723 ACCOMPANY f EGAL DTSCRIpT/ON / /eB!MT &F. B&G/N/v/N& w’y COR- m/h!! @ A = 9 5”zS’/O” Q: 56.00’ c l 83.33’ @R”. J$*;-7w e , L= /I. 3 I ’ 0 3 d=45’4?2~7” R=5odw’ L-3989 @ d~3~‘49’02” ~‘~g~g,’ 5 k \ \ Y/C/fWY /IUP AdOT TO SCALE Ezf$w DfBN/5 A. BROWN,L5 4789 ~mm 619/721-2ooO EllENEERING, inc 3142 Vista Way, Suite 301 0 Occaruidc. CA 92054 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated Nowwber 23. 1989 from Herrick Holdinss Ltd. to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 89-96 I adopted on March 28. 1989 I and the grantee consents to the recordation thereof by its duly authorized officer. DATED: March 29, 1989 BY: ti ,/#f&&+,&+- ALETHA L. RAUTENKRANZ, Ciijy Clerk