HomeMy WebLinkAbout1990-06-05; City Council; 10648; ACCEPTANCE OF EASEMENT REQUIRED FOR THE CONSTRUCTION OF THE JAMES DRIVE STORM DRAIN, PROJECT NO. 3224 LAWRENCE AND MADELEIN KERN: OWNER+*
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AB# 'b,. Lkd'2p' DEPT. TITLE: ACCEPTANCE OF EASEMENT REQUIRED
MTG,6/5/90
CITY I LAWRENCE AND MADELEIN KERN: OWNER DRIVE STORM DRAIN, PROJECT NO. 3224 DEPT~ENG : MP
CITY, FOR THE CONSTRUCTION OF THE JAMES
RECOMMENDED ACTION:
Adopt Resolution No. %/57 accepting an easement for the fut
construction Of the James Drive Storm Drain Extension, Project 3224.
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ITEM EXPLANATION:
Staff has secured an easement dedication from the follow
property owners required for the City's future extension of James Drive Storm Drain, Project No. 3224.
Assessors Parcel Number ProDertv Owner
207-010-03 Lawrence and Madelein Ke
3850 Highland Drive
Carlsbad, California 92
Staff recommends the City Council formally accept this easem
San Diego county Recorders Office. and direct the City Clerk to have the documents recorded with
FISCAL IMPACT:
Following extensive and lengthy negotiations with the prope i owners regarding the City's acquisition of the required easem
I to facilitate the future construction of the James Drive St Drain project, the easement rights will be purchased by the C for the sum of $1,000. Staff believes the time and cost
appraise and acquire the easement rights through an eminent dom
proceeding will be considerably in excess of the agreed u purchase price for the easement. Therefore, staff recommends
purchase of the easement which will enable the construction of
James Drive Storm Drain project to proceed. This completes
1 City's acquisition of all required easements for this proje There are adequate funds in the James Drive Storm Drain Proj
required easement. ~
Account No. 300-820-1830-3224 to enable the purchase of
2 0 EXHIBITS :
1. Resolution No. %-/cy accepting an easement for the fut 5
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a construction of the James Drive Storm Drain project. -I - - g 2. Lawrence and Madelein Kern easement document.
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RESOLUTION NO. 90-157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING
AN EASEMENT REQUIRED OF THE FUTURE CONSTRUCTION OF THE JAMES DRIVE STORM
DRAIN, PROJECT NO. 3224
WHEREAS, the City Council of the City of Carls:
determined it necessary, desirable, and in the public inte
construct an extension of the James Drive Storm Drain
Project No. 3224; and
WHEREAS, an easement has been secured for said p
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That an easement for the City's future extension
James Drive Storm Drain System is hereby accepted and tl
Clerk is authorized and directed to have same recorded with
Diego County Recorders Office. Following recordation (
documents, the City Clerk is further authorized and direct
forward copies of the documents to the following: Lawre
Madelein Kern, 3850 Highland Drive, Carlsbad, California
(APN: 207-010-03).
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1 3. That said easement is acquired for the sum of
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the City of Carlsbad. 3
the acquisition of which is hereby approved by the City Cour
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5 PASSED, APPROVED AND ADOPTED at a regular meeting
6 Carlsbad City Council held on the 5th day of June I
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NOES: None 9
AYES: Council Members Lewis, Mamaux and Larson 8
by the following vote, to wit!
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ABSENT: Council Members Ku
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(SEAL) 16
ALETHA L. 'RAUTENKRANZ, City C$Lerk UZ,"
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Order No.
Escrow No. .~ @I m
-. Loan No.
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD ATTN: CITY CLERK
1200 ELM AVENUE
CARLSBAD, CA 92008
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MAIL TAX STATEMENTS TO:
LAWRENCE AND MADELEIN KERN 3850 HIGHLAND DRIVE CARLSBAD, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ ............................. ...... Computed on the consideration or value of property ca ...... Computed on the consideration or value less liens or er
remaining at time of sale.
Signature of Declarant or Agentdetennlnlng tax - Flrn
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Lawrence and Madelein Kern
hereby GRANT(S) to the City of Carlsbad, a Municipal Corporation
the real property in the City of Carl sbad
County of San Diego , State of California, dl
Assessor's Parcel Number 207-010-03
Deed No. 83-122286
An easement for storm drain purposes approximately 8' wide described as follows:
Beginning at the southwesterly corner of tract 246 of Map 1681, Thumlands, thence
along the easterly line of Highland Drive South 28O 39' 00" East 124.00 Feet:
To the northwesterly corner of said lot described in Deed 83-122286 O.R.: Thence, along the northerly line of said lot north 610 21' 0" east 375.59 feet to the
northeasterly corner of said lot, being the true POINT OF BEGINNING: Thence south 280 39' 0'' east 107.40 feet; Thence south 610 21' 0" west 7.79 feet; Thence north 280 39' 0" west 107.40 feet; Thence north 610 21' 0" east 7.79 feet to the true POINT OF BEGINNING, containing 0.019 acres more or less.
cc- 9 Dated - PC2 ~-. 2Lz ~__~ "-
I STATE OF CALIF RNlA 1 ]ss. 0,; 1 Y*
COUNTYOF an DiePo I
On May 9, 1990 "
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before me, the undersigned, a Notary Public in and for said State, per-
sonally appeareclawrence Kernand "eiL
Kern
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personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s+/are subscribed to the
within instrument and acknowledged to me that-lthey executed
the same.
(This area for official notarial seal)
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ILJE@lENlD
M IfJDICA7ES PROPOSED STORM DRAIN EASEMENT
t PROPERTY LINE /
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SPIEBACT "
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\ VICINITY MAP
""" NOT IO SCALE
fi~XI-II.~lrl' "B" SEE ATTACHED LEGAL DESCRIPTION
100' 5C' 3 100' 268'
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PLA'I' '1'0 ILLUS'I'RATE
THE LEGAL DLSCRIPTION OF
/"'7 E. Fnsflnfl
IC1 h?KUNEE.RINC
2191 EL CAliINO REAL SUR" 207, OCENISIDE, I'1101301jl?lj S'I'C?IihI DRAIN EASI?,h.IICNT 1 I