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Home My WebLink About1990-08-07; City Council; 10652; ACCEPTANCE OF EASEMENT REQUIRED FOR THE CONSTRUCTION OF THE JAMES DRIVE STORM DRAIN PROJECT NO. 3224 -- HIGHLAND TOWNHOUSESf 1 wmvr bnnLaDnu - nucN W D'LL /" ( I AB# /!) L 52 ClTY j CONSTRUCTION OF THE JAMES DRIVE STORM DRAIN MTG. 8-7-90 DEPT. TITLE: ACCEPTANCE OF EASEMENT REQUIRED FOR THE I DEPT.ENG. I PROJECT NO. 3224 HIGHLAND TOWNHOUSES: OWNER ~C~TY n L I I I RECOMMENDED ACTION: Adopt Resolution No. 90-161 accepting an easement for the future constructic James Drive Storm Drain Extension, Project No. 3224, and direct staff to credit t Townhouses $5,995 in drainage charges in consideration for said Grant of Easl I ITEM EXPLANATION: Staff has secured an easement dedication from the following property owners for the City's future extension of the James Drive Storm Drain, Project No. 3224 Assessor Parcel Number PropertV Owner 205-220-47 Highland Townhouses Homeowners Assoc 3700 Highland Drive Staff recommends the City Council formally accept this easement and direct the C to have the documents recorded with the San Diego County Recorder's Office. €3 III > 0 U IL 3 Staff has concluded discussion with the Highland Townhouses Homeowners As: concerning the subject Grant of Easement. Council will recall that the original ne called for the City to construct certain improvements for the Homeowners As: and recovery of appropriate costs due under the provision of an outstandin Improvement Agreement. The Association desires to delete all conditions of the Grant of Easement, and w in consideration $5,995. This amount equals the amount due under thc Improvement Agreement. The Homeowners Association will accept responsibility for future site fencing, an require relocation of the existing palm trees. The current proposal is approximately equivalent in cost to that previously recon by staff. To avoid further delay of the project, extensive appraisal and potential charges, it would be staff's recommendation to accept this compromise offer. ~ FISCAL IMPACT z .. 2 6 a s z 3 0 0 In consideration for the Grant of Easement, a $5,995 credit will be granted, ! obligation under the Future Improvement Agreement for Highland Townhous March 7, 1972. EXHIBITS: 1. Resolution No.?o-/d/ accepting easement. 2. Highland Townhouses easement document. I 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I/ 20 21 22 23 24 25 26 27 28 0 W RESOLUTION NO. 90-161 A RESOLUTION OF TME 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 Carlsbad has determined it r desirable, and in the public interest to construct an extension of the James Drive Si System, Project No. 3224; and WHEREAS, an easement has been secured for said project. 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 of the James Drive Si System is hereby accepted and the City Clerk is authorized and directed to h recorded with the San Diego County Recorder’s Office. Following recordatia documents, the City Clerk is further authorized and directed to forward copi documents to the following: Carlsbad Townhouses Homeowners Association, P.O. Carlsbad, California (APN 205-220-47). Ill Ill lit Ill Ill Ill Ill Ill Ill -1 - 1 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 W W 3. In consideration for grant of said easement, Council directs staff to all obligations due under the provisions of the Future Improvement Agreement fo Townhouses dated March 7,1972 Record Document No. 1526. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C held on the 7th day of August, 1990 by the following vote, to wit: AYES: Council Members Lewis and Kulchin NOES: None ABSENT; Council Members ABSTAIN: Council Member M ATTEST: a&& A. @& ALETHA L. RAUTENKRANZ, City Clerk \ (SEAL) ~ -2- Ode; No. Escrow No. .I e ' L.oatl No. WHEN RECORDED MAIL TO: CITY OF CARLSBAD ATTN: CITY CLERK 1200 ELM AVENUE CARLSBAD, CA 92008 I SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $........ ..... . ................... ...... Computed on the consideration or value less liens or encu ...... Computed on the consideration or value of property conv remaining at time of sale. Signature of Declarant or Agent deterlninlng tax - Firm II - "" . . GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HIGHLAND TOWNHOMES hereby GRANT(S) toTHE CITY OF CARLSBAD, A MUNICIPAL CORPORATION the real property in the City of CARLSBAD County of SAN DIEGO , State of California, desc AN EASEMENT FOR STORM DRAIN PURPOSES AND DESCRIBED AS FOLLOWS: ASSESSOR'S PARCEL NO. 205-220-47 NC> DEED REFERENCE BEGINNING AT THE NORTHWESTERLY CORNER OF TRACT 246 OF MAP 1681, THUMLANDS, THENCE AL( NORTHERLY BOUNDARY OF SAID TRACT 246, NORTH 610 21'0W EAST 378.80 FEET; THENCE SOUTH 2 EAST 193.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 280 39'00' EAST 107.00 FEET; SOUTH 61 o 21 '00" WEST 15.00 FEET; THENCE NORTH 280 39'00" WEST 107.00 FEET; THENCE NORTH 6 EAST 15.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.037 ACRES, MORE OR LESS. Dated--___. C///+* STATE OF CALIFORNIA I SOUNTY OF S"Di9-I Iss. On MT I( 194d - y&@w -m5 """3 I STATE OF CALIFORNIA SOUNTY OF I Iss. MA S"Di9-I - ' '"Id before me, the undersigned, a Notary Public in and for said State, per- . sonally appeared_-~e~-~~~~~~-~ ~~"."__ " &bb2 d' 5&.dkr " personally known to me (or proved to me on the basis of satisfactory , evidence) to be the person(?) whose name&) is/aE subscribed to the 'within instrument and acknowledged to me that he/she/tm executed !he same. WITNESS my bend and official seal. Sianature Le (This area for official notarial sndl) -&=Fzz?5xN";- ,' State of -&- "-m""-on 1 this the / day of q 19 qd, belor I 1 County of % P/IpgD 1 ss. _____ ,hh/me "... A&trl'ff- ..-~ ."_"."__. . - ." .. """".""" ". the undersigned Notary Public, personally appeared ' $h~y Edud "_"" CO~~ZZ~ ~_~"_ _""""" """. . .^' I 1 Dersonallv known to me p( proved to.me on the basis of satisfactory evidence 10 be tile person(s) wtlo executed the wilhlrl Irlstrurlw111 03 named, and acknowledged to me that the Corporation executed I[. WITNESS my hand and official seal. P?fs/*$d ______. or or1 behalf of the corporation It "~ """" +24 Notary's Signature "_"""" 32 ". . . ~ :ORPORATE ACKNOWLEDGMENT . ~- 1- ""- - - ~ . . . ".. .-. - "" i > I i 'i \ )* ? ) ) - NOJARY PUULC. CALFORNM )i !Lw@&CCwnm. bbtr DEC. 29.1992 li SAN iXGO CO'JNPI 5L*/o* L * &e/ b. D. 5 * ."""" Ti personally known to me to be the p-n(s) who executed the within instrument as Se -.or on behalf of the corporalion I named, and ackngwledged to me that the corporation executed It. WITNESS my hand and official seal. )/proved to me on the basis of satisfactory evidence Notary's Signature /i..-c rw==E .. .. -. -7xzFeS NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd PO om 4825 wodl~n oflf'U1lAl E. ACKN0WLEUC;IMEN 1 On this the / day of + t9&, b "_ )ivm "_"" c &err;+- ~ .. """ . .. ."""...". - the undersigned Notary Public, personally appeared iAL&i--& I 5-41.L A+ - . . ~ . . .. - . . . ~. - ___ [ 1 personally known lo ITIF! xproved lo me on Ihe basis of satislaclory evldcrice lo be 1110 porson(s) wtIoexccuIed 111~ wltttlrt Itt~trult~nn! ns - 3fgshrec- - ....___-..__ or 011 bellall of Itro corporellc named, and acknowledged to me thal the corporallon executec WITNESS my hand and officlal seal. . - . - - - - . - - - . . . - - Notary's Signature . " ."" ~ """"". ?z" . . - 2 /." . - . .e" 177 NATIONAL NOTAnY ASSOClAllON . 23017 Vnntwn Blvd * PO Oox 487s Woo ”. i“ ”------ I is LEBEND 1 INDICATES PROPOSED STORM DRAIN EASEMENT 1 I e PROPERTY LINE TRACT %a5 - 7 S28’39’OG”E 193.01’ N61’21’00”E 15.00’ c 7 S28’39’00”E 107.00’ N28’39’00”W 107.00’ A S61’21’00”W i5.00’ TR49.CT $341 \ VICINITY MAP EXHTRTT ”R” S??R ATTA,PUF~ TFO .AT nnrun7T-rT-r\.r NOT TO SCALE e. m 4 CERTIFICATION FOR ACCEPTANCE OF EASEI4EFIT This is to certify that the interest in real property ' conveyed by the eas erne n t dated May 1, 1990 from Highland Townhomes ~~~~~~~~~~~~~~~~~~~~~~~-~~-~~-~~~~~~~~~~~ to the City oE Carlsbad, California, a municipal corporation is hereby accepted by the City Council of the City of CarI.sh1: California pursuant to resolution 110. 90-161 , adopted 011 - August 7, 1990 , and tlle grantee consents to tllc recordation thereof by its duly authorized officer. DA'YED : August 8, 1990 By: 5-yw& AUIA ,L. I u:~+~ANz, city C~C ____" - - KAREN R.YUNDTZ, Asyt. City Clerk