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. *
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( 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.
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PROJECT SITE
PROJECT NAME PRO J. EX
NO.
PR. 3.2.37 LAGUNA SHORES
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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)
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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
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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
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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
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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
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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
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LAGUNA SHORES HOMEOWNERS ASSOCIATION
CERTIFICATE OF RESOLUTION
January 18, 1991
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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.
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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
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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
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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)
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