HomeMy WebLinkAbout1989-06-27; City Council; 10104; Accept Grant Deed For Sewer EasementCIT’ OF CARLSBAD - AGEND” BILL “7 oJ&J
4B# 10, /@ 4 TITLE:
HTG. 6-77-89 ACCEPTANCE OF A GRANT DEED FOR
)EPT.ENC. SEWER EASEMENT PURPOSES - AVIARA, CT 85-35 PHASE I UNIT C OFFSITE, PR 3.3.8
RECOMMENDED ACTION:
Adopt Resolution No. x9-Ad% accepting a Grant Deed and a Joint Use Agreement for Sewer Easement purposes and authorizing the City Clerk to record
the original Deed and Agreement to the County Recorder's office.
ITEM EXPLANATION:
As a condition of approval for the project called AVIARA, City of Carlsbad
Tract 85-35, the developer, Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, is required to offer or cause the offer for dedication to the City every easement required by the Master Plan. The offer is required to be made prior to recordation of the final map and the land so offered must be granted free and clear of all liens and encumbrances and without cost to the City.
An offsite sewer easement is required south of Unit C of said tract map in order that the sewer system serving the subdivision can be connected to the existing sewer trunk line located norlh of Batiquitos Lagoon (see Exhibit 1). This offsite property is owned by Roy K. and Nancy M. Mitsuuchi as trustees of the Roy K. Mitsuuchi Family Trust. There is no existing recorded Deed of Trust for this property. There is however, a recorded easement in favor of San Diego Gas and Electric used for their overhead transmission lines.
In response to the condition of approval stated above, the developer, Aviara Land Associates Limited Partnership has caused the grant of easement from the owners Roy K. and Nancy M. Mitsuuchi (see Exhibit 2) and a Joint Use Agreement for the easement from San Diego Gas and Electric (see Exhibit 3).
FISCAL IMPACT:
Requiring dedications as a condition of development will save the City expenses in the future easement acquisitions.
EXHIBITS:
1. Location Map. 2. Grant Deed from Roy K. Mitsuuchi and Nancy M. Mitsuuchi, dated March 24, 1989. 3. Joint Use Agreement with San Diego Gas and Electric dated 4. Resolution No. r?%?faccepting a Grant Deed and Joint Use Agreement for sewer easement purposes and authorizing the City Clerk to record the original Deed and Agreement to the County Recorders office.
L3CATION Mr p
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SITE
‘RO JECT NAME Si%)tf-~=me~~ [owsrTe)
AVIARA PHASE 1 Cl-85435 UW=C
>
. EXHIBIT I 1
L. . *. ,.
. Order N,o.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO: City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
MAIL TAX STATEMENTS TO:
SPACE ABOVE THIS LINE FOR RECORDER’S USE
DOCUMENTARY TRANSFER TAX $. T.!?.:. ........... ............................
...... Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or value less liens or encumbrances
+4@ggig!gg?~t. .CfV Of Cl%UWl* of Declarant or Agent determining tax -. Firm Namb
GRANT DEED
FOR A VALUABLE CONSIDERAT
Roy K. Mitsuuchi and Nancy
OFFSITE SEWER EASEMENT ‘ION, receipt of which is hereby acknowledged,
M. Mitsuuchi trustees of the Roy K. Mitsuuchi Family Trust
I’K 3.3.8
APN 216-121-02
216-121-03
hereby GRANT(S) to the city
for sewerline over, under,
of Carlsbad, a California Municipal Corporation, an easement
upon and across
the re&l property in the City of carlsbad
County Of San Diego , State of California, described as
See Exhibit "A" attached hereto and made a part hereof. Exhibit "B" is provided for clarity
only.
DatedmY 74, 1?8?
STATE OF CALIFORNI&ANGE
~UN~A?kn89
before me, the undersigned, a Notary Public in and for said State, per-
sonally appeareti
Y K- MTTmw
NANCY M. MITSUUCHI
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same.
WITNESS my hand an
Boy_.X.J!~Iitsuuchi---~~--~~- -~ __---
MitsuucbL----~-~ Nancy-M.
i
-- - 6pF,~rA~-s~*-L- “‘“i’
I I BETTY H. KAWABE ; I NOTARY PUBLIC CALIFORNIA I I
I
017ANGE COUNTY f
My Comm. Exp. Sep. 21. lgggr :---=--------------------.
(This area for official notarial seal)
I 002 (6/62) J / MAIL TAX STATEMENTS AS DIRECTED ABOVE
. .
JB 460-104-00
ppn 300,lO file:sewer
15' Sewer Easement (offsite) Mitsuuchi Property CT 85-35 Phase I Unit C Aviara
Being a portion of lot 2 in Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey approved on May
3' 1883, being more particularly described as follows:
Commencing at the Northwest corner of lot 2 of said Section 35; thence along the North line of said lot 2, South 88"48'32" East,665.40 feet to the TRUE POINT OF BEGINNING: thence continuing along said North line, South 88"48'32" East, 16.64 feet; thence leaving said North line South 24"29'17" East,31.52 feet; thence South 34"43'40t1 East,160.34 feet, to the beginning of a tangent 205.00 foot radius curve concave to the Southwest: thence Southerly along the arc of said curve through a central angle of 20"27 'OltV a distance of 73.17 feet; thence South 14"16'39" East, 79.68 feet to the beginning of a tangent 205.00 foot radius curve concave
to the west; thence southerly along the arc of said curve through a central angle of 24"11'09" a distance of 86.54 feet; thence South 09"54'31l' West,6.55 feet to a point on the
Northerly easement line of an existing 20 foot easement in
favor of the City of Carlsbad recorded December 4, 1975 as
file/page no. 75-342109 of official records; thence along said Northerly line, North 77"21'42" West,5.87 feet; thence South 87"18'18" West,9.36 feet; thence leaving said
Northerly easement line North 09"54'30'V East,8.32 feet, to
the beginning of a tangent 190.00 foot radius curve concave to the West: thence Northerly along the arc of said curve through a central angle of 24"11'09t' a distance of 80.20 feet; thence North 14"16'39 I' West,79.68 feet to the beginning of a tangent 190.00 foot radius curve concave to the
Southwest; thence Northerly along the arc of said curve
through a central angle of 20"27'Oltt a distance of 67.82
feet; thence North 34"43840V1 West,161.68 feet; thence North 24"29'17" West,40.08 feet to the TRUE POINT OF BEGINNING.
-_--._. .
~ ‘1. e EXHIBIT “By
N68’48’32”W
SEC TION 3.5
R.4 w: S0M
CL. EXIST. 20 ’ WIDE EASENENT TO TffE CI T’y OF CARLSBAO RECORDED 12/4/1975 AS FILE NO. 75342109 0. R.
k-- -- -- -c-L - -~ .-*-* L.C-C- ,,$ a -.--\ ’ .-* -
LAT TO
SEWER EASEMENT
APN NO. 216-121-02 a4f!E A. a4Y/s L.3 5894
FfBftUcSUY 23.1989 4GO-/Of- IO
PROJECT NAME: SEWER EASEMENT (OFFSITE) CT 86-36 PbiASE I UNIT C AVIARA pa0 TechrtoMgler 401WeaWStreet.Suite2500 San Oiego, CA 92101 619-232-4466 PR 3.3.8 P &OdMdltnmq~
1 PROJECT NO. iEXHIf3fT
.
CERTIFICATIOM FOR ACCEPTANCE OF EASEMENT
This is to certify that the interest in real property
conveyed by the easement dated May 24, 1989
from Roy K. and Nancy M. Mitsuuchi, Trustees
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Coullcil of the City of Carlsbnd,
California pursuant to resolution 110. 89-208 , adopted
on June 27, 1989 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: June 28, 1989
By: a
ALETIIA L.
Recording Requested by San Diego Gas & Electric
When Recorded Mail To:
--------------------------------
San Diego Gas b Electric Company P.O. Box 1831 San Diego, CA 92112 Attn:
-------------------------------- SPACE ABOVE FOR RECORDER'S USE
JOINT USE AGREEMENT m 3.3.g
The undersigned declares consideration is less than
$100.00 and Transfer Tax is none.
THIS AGREEMENT, dated t by and between
SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (SDGbE), and
CITY OF CARLSBAD (Second Party), is made with reference to the
following facts:
A. SDG&E is engaged in the business of transmitting and
distributing gas and electricity within the County of San
Diego, State of California and has facilities for such purposes
located in, upon, over, under and across the certain easement
and right-of-way granted to SDG&E as described on Exhibit A
attached hereto (SDG&E's Easement);
B. Second Party desires to acquire and is now acquiring
easements and rights-of-way in the real property described in
Exhibit "B" attached hereto and intends to construct, operate
and maintain therein a sewer line in the configuration shown on
Exhibit C, attached hereto (Second Party's Facilities); which
-l-
create a potential present or future conflict with SDGbE
facilities; and
C. Second Party desires to obtain SDG&E's consent for
the construction, operation and maintenance of Second Party's
facilities in, over, under and across SDG&E's Easement along
the route(s) particularly shown on said Exhibit C (Designated
Route(s)).
NOW, THEREFORE, for valuable consideration, receipt of
which is hereby acknowledged, the parties hereby agree as
follows:
1. Second Party, its successors in interest and assigns,
shall have the right and privilege to construct, operate
and maintain Second Party's Facilities in, over, under
and across SDG&E's Easement by the Designated Route(s),
together with the right of ingress thereto and egress
therefrom by practical route(s). In the event Second
Party's route(s) of ingress or egress at any time, in
the sole discretion of SDG&E, conflict with SDG&E's use
of the SDG&E Easement, Second Party agrees and
covenants, upon notice from SDG&E, to relocate said
route(s) at no expense to SDGbE. SDG&E shall cooperate
with Second Party to effect such rearrangement,
relocation or reconstruction.
2. Second Party agrees and covenants not to interrupt the
use or operation of SDG&E's facilities. Any temporary
interference with the use or operation of SDG&E's
-2-
facilities shall be made only with SDG&E's prior written
consent.
3. SDG&E shall be deemed the "party first in place" and its
rights and interests shall be prior in time and superior
in title to those of Second Party.
4. The covenants and terms contained in this agreement
shall run with the land, create equitable servatures on
the properties described in Exhibits "A" and "B", and be
binding upon both parties, their representatives,
agents, successors, and assigns.
5. In the event of damage caused by an act of God, war, or
other casualty, or damage caused under circumstances
where it would be impractical or impossible for SDG&E to
notify the Second Party of the necessity for temporary
interference with the other party's facilities, SDGbE,
without notice, may enter upon the joint easement area
and make emergency repairs to restore service. SDG&E
shall, however, take reasonable and prudent measures to
protect the installations of the Second Party and
minimize such interference and as soon as practically
possible, notify the Second Party of such emergency
repairs. If permanent repairs are required after such
emergency repairs have been made, reasonable notice
shall be given to the Second Party.
6. Second party shall save, indemnify and hold harmless
SDG&E against any liability, loss, cost, damage and
expense caused by or arising from (I) any negligent act
-3-
.
or omission of second party, its employees, agents,
contractors, successors and assigns or (ii) the location
and existence of its above-described facilities, whether
defective or otherwise; including, but not limited to,
any such loss, cost, damage, liability and expense
arising from damage to or destruction of real and
personal property or injury to or death of any person.
Liability to a third party(ies) shall be divided between
the parties hereto in proportion to the measure of each
party's liability. Notwithstanding the foregoing, each
party shall hold harmless the other party against damage
to or destruction of its facilities caused by an act(s)
of a third party(ies).
7. Nothing herein contained shall constitute a grant of
easement by SDGGE to Second Party, it being understood
that any such grant may be obtained only from the fee
owner.
8. In the event either party commences legal action against
the other by reason of an alleged breach of this
agreement or in connection with joint use of the SDGSIE
Easement, the prevailing party shall be entitled to
recover court costs and attorney's fees as set by the
court. "Prevailing Party" means the party in whose
final judgment is rendered.
9. Second Party shall, at his own expense, secure and
maintain in effect during the life of this agreement,
insurance coverages as described herein, in amounts not
-4-
less than the minimum limits specified, to protect SDGbE
and Second Party from claims or liabilities in any way
arising out of the ownership, maintenance or use of the
easement: (1) Worker's Compensation Insurance and
Employer's Liability Insurance in accordance with
statutory requirements and limits, including U.S.
Longshoremen's and Harbor Workers’ Compensation act
coverage, where applicable, (b) Comprehensive General
Liability Insurance to include products-completed
operations and contractual liability coverage for
liability assumed by Second Party under this agreement
and automobile liability insurance, with limits of not
less than $l,OOO,OOO each occurrence for bodily injury
and property damage combined. Such liability insurance
shall name SDGbE as additional insured, shall contain a
severability of interest or cross liability clause and
shall be primary for all purposes. Certificates of
insurance evidencing the coverages and provisions
required in (a) and (b) above shall be furnished to
SDG&E prior to any use of the easement by Second party
and shall provide that written notice be given to SDGbE
at least thirty (30) days prior to cancellation or
reduction of any coverage. Second Party agrees, at
request of SDGbE, to increase the limits of insurance to
meet the limits then required by SDG&E for similar
agreements of this type. The provisions of this
paragraph shall not in any way limit any of Second
-5-
10.
11.
12.
Party's other obligations or liabilities under this
agreement.
Second Party agrees to comply with all applicable laws,
ordinances, governmental regulations or agreements,
regarding water quality, solid wastes, hazardous wastes,
hazardous materials, toxic substances, and any and all
other forms of pollution or nuisance control (herein)
collectively referred to as "Standards".
Second Party shall indemnify SDG&E for all costs
(including, but not limited to consulting, engineering,
clean-up, containment, disposal, and legal costs)
incurred by SDG&E as a result of abating a violations of
Standards in any proceeding before any authority or
court, and paying any fines or penalties imposed because
of a violation of any Standards, which result from
second party failing to comply with the Standards.
Second Party hereby assumes liability for, and shall
indemnify and hold harmless SDG&E from any suit,
enforcement action, or claim resulting from or relating
to (1) any alleged violation or Standards, or (2) all
injuries to or death of any persons and loss of or
damages to property, including without limitation,
employees and property of SDG&E and, which relate to any
alleged violation of Standards which would not have
arisen but for the actions, or inactions, of Second
Party.
-6-
. 1 ’
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by duly authorized officers on
the day and year first above written.
SDG&E "SECOND PARTY"
SAN DIEGO GAS & ELECTRIC CO., A Corporation CITY OF CARLSBAD
BY BY J/ W. bhepard, Supervisor agement Section Department
Drawn By Date MOPAC R/W No. A.P. No.
-7-
STATE OF CALIFORNIA ss
COUNTY OF SAN DIEGO
on -3h-L /6 m9 , before me, the undersigned, a Notary Public
in and for said,6tate: personally appeared James W. Shepard personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Land Management Supervisor, Land Services Department, on behalf of San Diego Gas t
Electric company, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a-resolution of its Board of Directors.
WITNESS my hand
Signature
EXHIBIT "A"
Existing 150' Wide S.D.G& E Co. Easement Recorded
on 4/16/1957 as file No. 56074 O.R.
>I r
,_I* . ‘. I JB 460-104-00 ppn 300,10 file:sewer
EXEIBIT"~" .,--&&-~~~~kq$ga.
15' Sewer Easement (offsite) Mitsuuchi Property CT 85-35 Phase I Unit C Aviara
Being a portion of lot 2 in Section 35, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey approved on May 3, 1883, being more particularly described as follows:
Commencing at the Northwest corner of lot 2 of said Section 35; thence along the North line of said lot 2, South 88'48'32" East,665.40 feet to the TRUE POINT OF BEGINNING: thence continuing along said North line, South 88"48'32" East, 16.64 feet; thence leaving said North line South 24"29'17" East,31.52 feet; thence South 34"43'40" East,160.34 feet, to the beginning of a tangent 205.00 foot radius curve concave to the Southwest: thence Southerly along the arc of said curve through a central angle of 20"27 '01" a distance of 73.17 feet; thence South 14"16'39" East, 79.68 feet to the beginning of a tangent 205.00 foot radius curve concave to the west; thence southerly along the arc of said curve through a central angle of 24"11'09" a distance of 86.54 feet: thence South 09"54'31" West,6.55 feet to a point on the Northerly easement line of an existing 20 foot easement in favor of the City of Carlsbad recorded December 4, 1975 as file/page no. 75-342109 of official records; thence along said Northerly line, North 77"21'42" West,5.87 feet; thence South 87'18'18" West,9.36 feet; thence leaving said Northerly easement line North 09"54'30" East,8.32 feet, to the beginning of a tangent 190.00 foot radius curve concave to the West; thence Northerly along the arc of said curve through a central angle of 24"11'09" a distance of 80.20 feet; thence North 14"16'39" West,79.68 feet to the beginning of a tangent 190.00 foot radius curve concave to the Southwest: thence Northerly along the arc of said curve through a central angle of 20'27'01" a distance of 67.82 feet; thence North 34"43'40" West,161.68 feet: thence North 24"29'17" West,40.08 feet to the TRUE POINT OF BEGINNING.
EXHJBlT “C”
: ‘, i
I CT\85;.3J\ $ \
Lm- 2 SEC7-ION 35
T. 1.2 5’. R. 4 W. SBM
-- -- --- .-,-- .-.-. .w.-*
I PLAT TO ILLUSTRATE
SEWER EASEMENT
APN NO. 216-121-02 LARRYA.HIBNEK R.C.E.~ITS fCORUAR7 C3.1¶89 -4GO.104. ,d
PROJECT NAME: SEWER EASEMENT (OFFSiTE) PROJECT NO. EXHIBIT CT 85-36 PHASE I UNIT C AVIARA .. ,
la
PhD Tbdmoldgles .a 4OlVJesc’A-WWl.~2XQ \ San chega cx WlOl 6lw324466 PR 3.3.8
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RESOLUTION NO. 8%?0 y
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED AND JOINT
USE AGREEMENT FOR SEWER EASEMENT PURPOSES - AVIARA CT
85-35 PHASE I UNIT C OFFSITE, PR 3.3.8
WHEREAS, Roy K. Mitsuuchi and Nancy M. Mitsuuchi have submitted a Grant
Deed conveying an easement to the City of Carlsbad for Sewer purposes over a
portion of Lot 2, Section 35, Township 12 South, Range 4 West, San Bernardino
Meridian in the City of Carlsbad, County of San Diego, State of California; 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 Roy K. Mitsuuchi and Nancy M. Mitsuuchi
dated March 24, 1989, conveying an easement for Sewer purposes over a portion
of Lot 2, Section 35, Township 12 South, Range 4 West, San Bernardino Meridian
to the City of Carlsbad which is on file with the City Clerk and incorporated
herein by reference, is accepted.
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3. That City Clerk is authorized to.cause the original Deed to be
recorded in the Office of the County Recorder of San Diego, 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 June , 1989 by the following vote,
to wit:
AYES: CouncilLz;;k;rs Lewis, Kulchin, Pettine, Mamaux a
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)