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HomeMy WebLinkAbout1991-03-26; City Council; 11081; ACCEPTANCE OF AN OFFER OF DEDICATION OF AN EASEMENT FOR DRAINAGE PURPOSES FROM LAGUNA SHORES HOMEOWNER'S ASSOCIATION PR 3.2.37. * a 9 8 3 2 .. z 0 4 - 6 e z 3 0 0 ( CIBOF CARLSBAD - AGENVBILL d’ AB# /L flf/ TITLE.$~CCEPTANCE OF AN OFFER OF DEDICATION DEPT.’~~ CITY AT MTG. 3-76-91 DEPT.ENG. PR 3.2.37 CITY MC OF AN EASEMENT FOR DRAINAGE PURPOSES FROM LAGUNA SHORES HOMEOWNER’S ASSOCIATION RECOMMENDED ACTION: Adopt Resolution No. q/- 93 accepting an irrevocable offer of dedication o easement from the Laguna Shores Homeowners Association for drainage purposes ITEM EXPLANATION As a condition of development, the developer of Laguna Shores (Carlsbad Tract 88 was required to construct a temporary desiltation basin on the east side of their prop1 This basin was located in a portion of the project which was dedicated as permai open space. The basin design was temporary in nature and intended to protect the P Hedionda Lagoon from siltation caused by construction activities at Laguna Shores. construction is now complete and the basin has been covered over. Subsequent to the filling of the temporary basin, the City has been mandated by Regional Water Quality Control Board to implement a program to protect our lagoons water ways from the effects of surface born pollutants carried off by urban storm w: In discussing the new Urban Pollutant Mandate with the developer’s representatives it noted that the City may eventually be required to install some form of permanent ur pollutant removal facility at the end of the public storm drain on their property. developer acting through the Laguna Shores Homeowners Association has volunt< granted an irrevocable offer of dedication for a drainage easement at this site. The c of dedication will provide the City the abitity to accept the easement in the future shc the City Council deem it necessary to install a future facility at this location. Staff assure the developer that any such facility would be designed to compliment the exis open space usage. FISCAL IMPACT: Voluntary developer cooperation eliminates easement acquisition costs to the City in future. Developer participation also aids to reduce the City’s costs to implen corrective actions at a later date. EXHIBITS: 1. Location Map. 2. 3. Irrevocable offer of dedication of drainage easement from the Laguna Shc Homeowner Association, dated January 18, 1991. Resolution No. 9/- 9.3 accepting an offer of dedication of an easement fi Laguna Shores Homeowners Association for drainage purposes. .i. c I PROJECT SITE PROJECT NAME PRO J. EX NO. PR. 3.2.37 LAGUNA SHORES . a 'L Recorded at the request of: 1 ) City of Carlsbad 1 1 After recording return to: 1 1 City of Carlsbad 1 ) 1 Documentary Transfer Tax $ -& - Computed on full value of property conveyed Or computed on full value less liens and encumbrances remaining thereon at time of sale - Carlsbad, CA 92009 1 ) L,qfqL- 1200 Elm Avenue Signature of declarant or Firm Name Agent Determining tax OFFER OF DEDICATIOW (Drainage Easement) WE, Laguna Shores Homeowners Association, A California non-profit mutual benefit Corporation the undersigned being the present title owner(s) of record of the herein described parcel of land, do hereby make an irrevocable offe of dedication to the CITY OF CARLSBAD, and its successor or assign, for drainage easement purposes, the rea property situated in the City of Carlsbad, County of San Diego, State of California, described as follows: SEE ATTACHED EXHIBIT "A" It is understood and agreed that the cI?"y OF CARLSBAD and its successor or assign shall incur no liabiliq with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or an! improvements thereon or therein, until such offer has been accepted by appropriate action of the City Council, it successor or assign or by the City Manager on behalf of the City of Carlsbad. The provisions hereof shall inure to the benefit of an be binding upon the heirs, successors, assigns, ant personal representative of the respective parties hereto. IN WITNESS WHEREOF, these present have executed this instrument 01 -4--.lo&fw K3 19-1 . mia Non-Profit Mutual Benefit Corporation C&-w+d€& D. .t\l l@&btaC;. B -. By: "(Sf' Name Here) kfU6&rn!P*. (Print Name and Title Here) r 0 0 1 \@ - - I '- e b L .. # t - -. .L 5 I+ -*a,, ATE OF CALIFORNIA i =. San Diego r "YOF thisthe 18 dayof January 19-, 91 before me the undersigned, a Notuy Pub1 nd for said County and State, pcrsonally appeared Catheie r' n - Nlchol a S ( d and -~ 1- T.- Hiihhard --- ;onally known to me=rprovdmadWh~h tcrbetltc - President. and.----- -, persondl r6rKWXX~XM%&~EW#QG#MS~~~f the corporation therein named, and acl kdged to me lh8t such corporation executed the within instrument pursuant to its by-laws or a resolutiop of its board of directon. FOR NOTARY SEAL OR STAMP 1 4L-m /$' 4atduCRN-u 'I (I EXIST €ASEM€NT fo ALLAN 0. KELLY 7 €X/ST: ACCESS EASEMEN7 To STAT€ --& NO. 84- /I1642 S //I644 OR. EXIST ROcl D $ UnL/ N EAS€MENT P€R R. OF S. 54f4 R€CORE" 3- 29 * 6U 4 f2-3!-58, FOR ROAO BOOK 6 UT,JL/W 7424 PG. PURPOS€S 220 0.R. RE%. I OF CALIFORNIA RE%. 3-28-84 F/P 'i c $./p'fi .5 $9 ,-* '--.*- i i-, . ,>Tz Ern- .z 9-36-90 : /& Ls 453 +f=p PROJECT NAME PROJ I LAGUNA SHORES PR. 3.2.37 EX a 0 4. LAGUNA SHORES HOMEOWNERS ASSOCIATION CERTIFICATE OF RESOLUTION January 18, 1991 4 The undersigned, Robert 0. Sukup, Secretary of Laguna Shores Homeowners Association, a California Nonprofit Corporation (the I1Association"), hereby certifies the following to be a true and correct copy of the resolution duly adopted by the Board of Directors of the Association effective January 18, 1991: BE IT RESOLVED, that Catherine D. Nicholas and Jody L. Hubbard are hereby authorized, empowered and permitted to execute, on behalf of the Association, all documents, including, without limitation, deeds of trust and offers of dedication, in connection with the disposition of property held by the Association. The undersigned certifies further that Catherine D. Nicholas and Jody L. Hubbard are the President and Treasurer, respectively, of the Association, and may act pursuant to the above set forth resolution. It is further certified that the foregoing resolution is presently in full force and effect and has not been rescinded or modified in any manner. e 0 A r) CERTIFICATION FOR ACCEPTANCE OF OFFER OF DEDICATION This is to certify that the Offer of Dedication, dated Laguna Shores Homeowners As: January 18, 1991 , from 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. 91-93 , adopted on and the grantee consents to the recordation thereof by its duly authorized officer. March 26, 1991 DATED: March 27, 1991 BY: dkLZL4 .E- ALETHA L. RAUTENKRANZ, City Cler 4 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 a 0 91-93 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION FOR DRAINAGE PURPOSES WHEREAS, Laguna Shores Homeowner Association has submitted an irrevoc offer of dedication conveying an easement to the City of Carlsbad for drainage purpc over a portion of Lot 28 of CT 88-01 , Map No. 12485; and WHEREAS, the City Council of the City of Carlsbad determined it to be if public interest to accept said Offer of Dedication; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carls California, as follows: 1. 2. That the above recitations are true and correct. That the Irrevocable Offer of Dedication from Laguna Shores Horneow Association dated January 1 8,1991 , conveying an easement for drainage purposes a portion of Lot 28 of CT 88-01 Map No. 12485 to the City of Carlsbad which is 01 with the City Clerk and is incorporated herein by reference, is accepted. 3. That the City Clerk is authorized to cause the original Irrevocable Offt //I /I/ //I 111 //I /I/ /// //I //I 7 5 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 1) a Dedication to be recorded in the Office of the County Recorder of San Diego Cor State of California, with the appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Council held on the 26thday of March , 1994 by the following vote, to wit: AYES: Council Members Lewis, Larson, Nygaard and Stant NOES: None ABSENT: Council Me ATTEST: ALETHA L. RAUTENKRA (SEAL) II