Loading...
HomeMy WebLinkAbout1991-03-05; City Council; 11051; AUTHORIZATION OF CITY CLERK TO ACCEPT EASEMENTS AND COVENANTS FOR EASEMENTSa @I@ OF CAHLSUAU - AUtNlQ BILL AB#A+.LLL TITLE: AUTHORIZATION OF CITY CLERK DEPT. CITY I MTG.2- 2’ ?{- DEPT.ENG CITY I TO ACCEPT EASEMENTS AND COVENANTS FOR EASEMENTS RECOMMENDED ACTION: I; 11 Adopt Resolution No. I I - authorizing the City Clerk to accept easements and cove for easements required as a conditon of development upon approval of the City Attorne City Manager. TEM EXPLANATION: Current state law requires that deed or grants conveying any interest in or easements real property to a City shall not be accepted for recordation without the consent agency evidenced by a resolution of acceptance. The code further stipulates th legislative body of a municipality can authorize an officer or agent to perform this fur Current practice of the City is to present all grants of easements and covena easements to the City Council for acceptance. The vast majority of these are standar documents required by the development process and are ministerial in nature. preparation, circulation and docketing of these items involves a minimum of three we accomplish and considerable staff time. The attached resolution would authorize the City Clerk to accept and file such docL after review and approval by the City Manager and City Attorney. Approval of the res1 will streamline these actions which will assist in the provision of more timely and ef service. FECAL IMPACT: Approximately 85 manhours of time valued at $2,300 will be saved each yt implementation of this procedure. XH I BITS: ‘12 -^I j u .. 9 .. z 0 F Y s z 3 0 0 1. Resolution No. ‘1 ’ r I 1 authorizing the City Clerk to accept easemer covenants for easements. Draft Engineering policy on procedure for acceptance and recordation of easl and Covenants for Easements. 2. Y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I'7 18 19 0 e RESOLUTION NO. 91- 7 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY CLERK TO ACCEPT AND CONSENT TO RECORDING OF EASEMENTS AND COVENANTS FOR EASEMENTS UPON APPROVAL OF THE CITY AlTORNEY AND CITY MANAGER. WHEREAS, Section 27281 of the Government Code requires that deeds or E conveying any interest in or easement upon real property to a political corporatic governmental agency for public purposes shall not be accepted for recordation withQ consent of the grantee, evidenced by its certificate or resolution of acceptance attact or printed on the deed or grant, and WHEREAS, the Government Code further provides that an officer or agent legislative body of a municipality can be authorized to accept and consent to filing o documents for recordation if such authority is granted by a resolution of the legislative and WHEREAS, the City Council has determined to delegate that authority under ( conditions to the City Attorney and City Manager. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the Carlsbad, as follows: 1. 2. That the above recitations are true and correct. That the City Attorney and City Manager are authorized to jointly apprc 2o 21 22 23 24 25 26 27 28 I acceptance of easements and covenants for easements required as a condi development provided they are properly executed on the approved standard form ai as Exhibits A through D. Ill Ill 111 Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e W 3. That the City Clerk is authorized to accept and consent to recordatic easements and covenants for easements upon approval by the City Attorney and Manager. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cc held on the 5th day of March, 1991 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and NOES: None ABSENT: None ATTEST: J,-;trt; *p. R* ALETHA L. FbbTENKRANZ, City Clerk (SEAL) , rn RECORDImREQUESi tu CIT AND WHEN RECORDED MAIL TO I - r- City Clerk Name Street Address 1200 Carlsbad Village Drive Crty & Carlsbad, CA 92008 State City of Carlsbad L - MAIL TAX STATEMENTS TO - r Name Street Address EXEMPT City & L __I State SPACE ABOVE THIS LINE FOR RECORDERS USE PARTNERSHIP GRANT DEED PR OF EASEMENT APN The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 ( ) 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 Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, a partnership organized under the laws of the state of hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad County of San Diego, State of Calif for an easement for purposes as described in Exhibit "A" consisting of - attached hereto and made a part hereof. Exhibit "B" consisting of - page(s) is attached for clarity only. DATED BY Name STATE OF CALIFORNIA BY County of Name On before me, name and title of the officer), personally appeared , personally k proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) &/are subscri instrument and acknowledged to me that he/she/they executed the same in hisherhheir authorized that by hisheritheir signature(s) on the instrument the person(s), or the entity upon behalf of ,hi acted, executed the instrument. WITNESS my hand and official seal. AND RECORDIPEQUESTED WHEN R LORDED MAIL TO BY 0 - - Name City Clerk Street Address 1200 Carlsbad Village Drive city & Carlsbad, CA 92008 State City of Carlsbad L + MAIL TAX STATEMENTS TO - r Name Street Address EXEMPT City & L _1 State SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED PR OF EASEMENT APN The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 ( ) 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: (.)City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad County of San Diego, State of Califa an easement for purposes as described in Exhibit "A" consisting of - pi attached hereto and made a part hereof. Exhibit "B" consisting of - page(s) is attached for clarity only. DATED BY Name BY STATE OF CALIFORNIA COUNTY OF On before me, name and title of the officer), personally appeared , personally kn proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscrib instrument and acknowledged to me that he/she/they executed the same in hishedtheir authorized c that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whic acted, executed the instrument. WITNESS my hand and official seal. Name RtCUHDI~HtQUt5 I EU DT City of Carlsbad AND WHEN R CORDED MAIL TO Name City Clerk Street Address 1200 Elm Avenue City & Carlsbad, CA 92008 State 7 7 L i MAIL TAX STATEMENTS TO r 1 Name Street Address EXEMPT City & State L i SPACE ABOVE THIS LINE FOR RECORDER'S USE CORPORATION GRANT DEED PR OF EASEMENT APN The undersigned grantor(s) declare(s): Documentary transfer tax is S 0.00 ( ) 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 Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, a corporation organized under the laws of the State of California, hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for and made a part hereof. Exhibit "B" consisting of -page(s) is attached for clarity only. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and purposes as described in Exhibit "A" consisting of __ page(s), attached Secretary thereunto duly authori (Name of Company) DATED BY Name BY STATE OF CALIFORNIA COUNTY OF On before me, name and title of the officer), personally appeared , personally known to proved to me on the basis of satisfactory evidence) to be the person(s) whose name@) idare subscribed to instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity that by hisherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the p acted, executed the instrument. WITNESS my hand and official seal. Name E XE 0 W RECORDING REQUESTED BY: ) City of Carlsbad ) City Clerk 1 WHEN RECORDED MAIL TO: 1 1 City of Carlsbad ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008 1 COVEN2WT FOR EASEMENT (Government Code Article 2.7 commencing with Section 65870 of Chapter 4 of Division 1 of Title 7; Carlsbad Municipal Code Section 20.04.14C hereinafter referred to as Owner creates a covenant for e for the purpose stated hereon; over, across and upon t property described in Exhibit "At1 for the benefit of the F referred to in Exhibit "Bg9. This covenant for easement released only according to the procedures established by 1; is determined by the City that the covenant is no longer ne achieve the land use goals of the City. This covenant for easement is required by a condi approval for a numbei issued by the City of Carlsbad for development located property described in Exhibits ItAIt and IlBa. The property burdened by this covenant for ease described as follows: See Exhibit l8A1l attached hereto and made a part here Exhibit "CIg is provided for clarity only. The property benefited by this covenant for ease described as follows: See Exhibit llB1l attached hereto and made a part here Exhibit ItClt is provided for clarity only. Agreements/AG-5. FRM e W This covenant for easement provides for over, across and upon the burdened propel the benefit of the property benefited and shall be enforce, the City and the Owner of the property benefited and any sucl in interest to the property benefited by this covenant. This covenant for easement shall run with the land, burdens of the covenant shall be binding upon and the ben the easement shall inure to the benefit of all successors real property. Dated: (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY OWNER MUST BE AT? NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECR€ ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE : DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECR THE CORPORATION8 UNDER CORPORATE SEAL SPECIFICALLY EMPOm INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WI: SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MA' IT IS RECOMMENDED THAT8 PRIOR TO THE EXECUTION OF THIS COVE EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEXS WITH THERETO Approved as to form: VINCENT F. BIONDO, JR., City Attorney Agreements/AC-5.FRH L EST FOR APPROVAL TO ABPT EASEMENTS OR COVENANTS FOR EASEMENTS 1. Project Name: 2. Project ID No.: 3. Map/Drawing No.: 4. Type of Easement or Covenant: 5. Reason for Easement or Covenant: 6. Required by: CMC Section: No. Planning Commission Resolution No. City Council Resolution No. Condition of Approval No. 7. Title Information Reference 8. Subordination Required ( ) YES ( )NO WHY 9. Comments: Submitted By: Date Principal Civil Engineer Approval: Date City Engineer Approval: Date City Attorney Approval: Date City Manager Approval: Date PLEASE SUBMIT TO CITY CLERK FOLLOWING CITY MANAGER APPROVAL. *. - CITY OF CARLSBAD ENGINEERING DEPARTMENT POLICY PROCEDURE FOR ACCEPTANCE OF EASEMENTS AND COVENANTS FOR EASE SUBJECT: NUMBER: EFFECTIVE: APPROVED BY: LLOYD B. HUBBS, CITY ENGINEER SUPERSEDES: PURPOSE To establish a procedure for acceptance of easements and cove for easements. POLICY: The following procedure shall be used when a easement or covenar easement is required of a development: 1. Planchecker shall obtain and verify title information incl any required subordinations and list required signatures (2 title report). Planchecker then prepares Request for Apy of Acceptance of Easement or Covenant for Easement attaches the appropriate City approved standard form docL and submits them to Principal Civil Engineer, Plancheck Sec 2. Principal Civil Engineer, Plancheck Section, shall I documents to check accuracy of signatures and notary as we to verify that all necessary interests have been acquirec documents are in order, Principal Shall initial request fo: submit it to the City Engineer. 3. City Engineer signs form and submits it to City Attorn€ approval. 4. City Attorney signs form and submits it to City Manage approval and transmittal to the City Clerk for recordat: City Clerk then attaches a completed certificate of accel to the deed or covenant and submits the document: recordation to County Recorder. 6. After return from the County Recorder, the original wi entered on the City Register and filed by the City Clerk 5. NOTE : Grants of fee title, deviations from the standard fo any requests for conditions or limitations require! Council approval. 4- *' m 0 0 MAY 23, 1991 TO : ENGINEERING DEPARTMENT PRINCIPAL CIVIL ENGINEER, PLAN CHECK FROM: City Attorney REQUEST FOR APPROVAL TO ACCEPT EASEMEN!CS OR COVENANTS FOR EASEMENTS Attached is a copy of Resolution No. 91-71 and the attachments , presented to the city council. Please note that according to the resolution Exhibits A through D are the approved standard forms. An additional form was attached to the back entitled "Request for Approval to Accept Easements or Covenants for Easements. I8 The assistant city attorney and I have decided that this should not be considered as a part of Exhibit D because it is not a document conveying an interest in property which will be recorded .by the city clerk. However, in the future it would be best not to attached superfluous documents to resolutions approving standard forms because it creates a question whether or not changes may be made in the superfluous documents without city council approval. + EN J. HIRATA Deputy City Attorney afd attachment c: City Clerk t " ? 'I I) e MAY 22, 1991 TO : ENGINEERING DEPARTMENT PRINCIPAL CIVIL ENGINEER, PLAN CHECK FROM: City Attorney EASEMEMT/DOCUMENTARY TRANSFER TAX DECLARATION Attached are a partnership grant deed and a corporation grant deed for easements. Although I have already approved the form of the grant deeds, the city clerk informs me that the county recorder . will not accept deeds for recordation unless the documentary transfer tax amount is filled in, as well as the corresponding declaration. I have sent both of these back to you to illustrate the two different forms which may be used. The partnership grant deed far Carrillo Rancho partnership states that the declaration is made by the undersigned grantor and the amount is zero. Therefore, this deed would be accepted by the county recorder. The corporation grant deed uses another format. The documentary transfer tax amount has been left blank, along with the signature of the declarant. This document will not be accepted by the county recorder. Since the grantor is the person liable for the tax, the grantor or their agent should fill in the transfer tax amount and sign the declaration. I have been informed that the transfer tax amount is zero because only an easement is being transferred. Also, these are standard form deeds for transfer of a fee interest in real property. There are other standard deeds for the conveyance of easements and those forms should be used in the future . Please also take a look at the engineer's legal description which contains a description of the type of easement at the beginning and end of both Exhibit A's. The assistant city attorney agrees with me that the engineer's legal description should only contain a description of the location of the easement and the explanation of the type of easement should be contained on the grant deed itself. I think we should start this procedure in the future rather than require these two grant deeds to be re-executed. Also, we should have a standard terminology for all of the common easements. This would significantly decrease the number of deeds which would need to be re-executed and increase the quality of the descriptions in order to protect the city's property rights to the fullest extent. * EN J. HIRATA Deputy City Attorney afd attachments c: city Clerk. 7 RECORDING REQUESTED BY 0 I 0 u AND WHEN RECORDED MAIL TO r 11 Name CITY OF CARLSBAD Street Address 1200 CARLSBAD VILLAGE DRIVE City & .I CITY CLERK CARLSBAD CA 92008 State L _I MAIL TAX STATEMENTS TO r 7 CARRILLO RANCH PARTNERSHIP Name c/o WHITE & ROBINSON Street 591 CAMINO DE LA REINA, #616 SAN DIEGO CA 92108 Address City & State L J SPACE ABOVE THIS LINE FOR RECORDER'S USE- ~ ~ ~~ Partnership Grant Deed CAT. NO. NN00586 TO 1925 CA (1 1-83) THIS FORM FURNISHED BY TICOR TITLE INSURERS 4 The undersigned grantor(s) declare(s): ( ) 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: ( ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, < t Documentary transfer tax is -0- CARRILLO RANCMPARTNERSHIP a Cal ifor'nia partnership organized under the laws of the State of Ca 1 i fern i a hereby GRANTS to City of Carl sbad q the following described real property in the City of Carl shad Countyof San Diego , State of California. APN: 221-012-10 A DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENT FOR PALOMAR AIRPORT ROAD IMPROVEMENTS AS SHOWN ON EXHIBIT "A" AND "B" ATTACHED HERETO AND MADE A PART HERETO BY THIS REFERENCE. I Dated: April 29 r 3 991 STATE OF CALIFORNIA COUNTY OF m~n On Apru 29, 1YSi Defore me, the undersigned, a Notary Public in and far said State, personally appeared BYRON F . ITJ3ITE } ss. and IRL R. ROBINSON personally known to me or proved to me on the basis of satisfactory evidence to be the persona who exe- cuted the within instrument as two 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 seal, LL aRRILJnO RANCHO PARTNERSHIP Par Pal JACQUELINE C. HOOD OFFICIAL SEAL NOTARY WBLlC CALiFORNlA PRINCIPAL OFFICE IN (This area for official notarial seal) < 2. ' jr No. sow No. ,oan No. * e WHEN RECORDED MAIL TO: CITY OF CARLSBAD CITY CLERK 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 e SPACE ABOVE THIS LINE F0.R RECORDER'S USE MAIL TAX STATEMENTS TO: SCRIPPS MEMORIAL HOSPITALS 9888 GENESEE AVENUE LA JOLLA CA 92037 DOCUMENTARY TRANSFER TAX $. ...................................... o ........ ...... Computed on the consideration or value of property conveyed; OR ...... Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax - Firm Name ~~ ~~~ ~~ ~ CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SCRIPPS MEMORIAL HOSPITALS a corporation organized under the laws of the State of Ca1 iforn j a , does hereby GRANT to City of Carl sbad the real property in the City of Car 1 shad County of San Diego , State of California, described a$ APN: 221-012-13, A DRAINAGE AND TEMPORARY, CONSTRUCTION EASEMENT FOR PALOMAR AIRPORT ROAD IMPROVEMENTS AS SHOWN ON EXHIBIT "A" AND "B" ATTACHED HERETO AND MADE A PART HERETO BY THIS REFERENCE. 3ted 1 ~u~wnc - ATE OF GALIPJ:!A n , r 4. 2 1" a 9 7 : /+w before me, undersigned, a Notary Public in and for said State, personally appear- L. bd. BLAGG 1 KA 74'k7?...& J-. ALEYfiAIBER sonally known to me (or proved to me on the basis of satisfactory lence) to be the persons who executed the within instrument as EYE W T/ VE VICE President and A ss/STAAl T Secretary, ehalf of SCrQl PPS ME#&f/AL UdSp/7flls :orporation therein named, and acknowledged to me that such cor- tion executed the within instrument pursuant to its by-laws or a lution of its board of directors. BY 3 bxecurive Vice Presidenl BY *. * * I) March 7, 1991 TO: FRANK BOENSCH FROM: Karen Kundtz AUTHOFUZATION FOR CITY CLERK TO ACCEPT EASEMENTS AND COVENANTS FOR EASEMENTS Attached ;S a cdpy of the agenda bill which was approved at the City Council Meeting of March 5, 1991, which authorizes the City Clerk to accept easements and covenants for easements. Attached to the resolution on the agenda bill (Resolution No. 91-71) are copies of standard forms, prepared by Engineering, which we are to accept as a result of the Council action. Please note the yellow highlighted portion on the upper left corner of the forms. We added the words "City Clerk" to the forms which were attached to the agenda bill. I would appreciate your help in getting the words "City Clerk", added above the City of Carlsbad return address, on the standard Engineering forms which we must record such as easements and covenants for easements. Thanks for your help and call me if you have any questions. x 2L ~?-" N R. KUNDTZ Assistant City Clerk Attach.