HomeMy WebLinkAbout2000-09-12; City Council; 15886; South Agua Hedionda Interceptor Sewer* . ,./- -
Cl7 f’ OF CARLSBAD -AGENDA ;LL
!
> 3
’
AB# /$%&b TITLE* -- APPROVE AND AUTHORIZE DEPT. HD. ACQUISITION OF EASEMENT FROM -F MTG. 9/l 2/00 RICHARD C. KELLY FOR SOUTH AGUA HEDIONDA CITY AlTY. ’
INTERCEPTOR SEWER REACH SAHTl E
DEPT. ENG CITY PROJECT NOS. 35821,35831,38281 CITY MGR. &
I RECOMMENDED ACTION:
Adopt Resolution No. &XX?- 277 to approve and authorize acquisition of easement from
Richard C. Kelly for South Agua Hedionda Interceptor Sewer Reach SAHTlE, APN: 209-060-58,
City Project Nos. 35821,35831, and 38281, CMWD Project No. 92-406.
I
ITEM EXPLANATION:
The South Agua Hedionda Interceptor Sewer begins at the intersection of Cannon Road and the
NCTD right-of-way and extends easterly along Cannon Road to El Camino Real. It then proceeds
southeasterly along El Camino Real to the Ranch0 Carlsbad Mobile Home Park where it
crosses the Ranch0 Carlsbad Golf Course property and then easterly to Carlsbad Raceway.
Richard C. Kelly owns the golf course property where an easement is required to construct, operate,
and maintain the sewer pipeline.
The City has designed the interceptor sewer along this reach referred to as Reach SAHTlE.
The sewer alignment across the property, owned by Richard C. Kelly, will be within a 25foot wide
permanent easement and a lo-foot wide construction easement running in parallel on each side of the permanent easement. The City has made an offer to Mr. Kelly to acquire the permanent and
temporary easements for the total amount of $32,053. Mr. Kelly has agreed to the amount and has
signed the grant deed for the easements.
I ENVIRONMENTAL REVIEW:
The Planning Director issued a Mitigated Negative Declaration for Reach SAHTI E on August 18,
1999 under EIA 97-05 which was certified by the City Council on April 4, 2000 by Resolution No.
2000-I 06.
I
FISCAL IMPACT:
The total cost for the easements is $32,053. Funding for the easement is obtained from the South Agua Hedionda Interceptor Sewer project where sewer benefit area fees from areas “c”, “D”,
“E”, and “F” are the funding source.
While funding for the entire South Agua Hedionda Interceptor Sewer project is currently under
review and is not being addressed in this agenda bill, the easement is being obtained so that the
developer can proceed in the area. Staff will return to the City Council with the project cost estimates and funding sources at a later date.
EXHIBITS:
1.
2.
3.
Location Map for Reach SAHTl E.
Grant deed for 25-foot wide easement from Richard C. Kelly, APN: 209-060-406.
Resolution No. 2000 -277 to approve and authorize acquisition of easement from
Richard C. Kelly on South Agua Hedionda Interceptor Sewer Reach SAHTl E.
NOT JO SCALE
PROJEC SITE
PROJECT NAME PROJECT EXHIBIT
SAHTIE SEWER EASEMENT AND TEMPORARY NUMBER CONSTRUCTION EASEMENT FROM RICHARD C. KELLY 92-406 I
4w 8~: SCOTT EVANS, CARLSBAD ENGINEERING om s/16/00 c: \CANAL \Pm4m\92-406A.DwG
RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
BOG I# 2000-0523120
E&P 29, 2000 11=22_ E-PM
2000-0523120
Please record this document at no fee
as it is to the benefit of the City (Gov.
Code [6103]).
Space above this line for Recorder’s use.
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.
Assessor’s Parcel No.: 209-060-68
Project No. & Name: CMWD 92-406
18” SEWER TRUNK, SAHTI E, PROJECT 3583
CITY OF CARLSBAD
GRANT DEED OF WASTEWATER PIPELINE EASEMENT
RICHARD C. KELLY, AN UNMARRIED MAN
does hereby grant to City of Carisbad, a Municipal Corporation, its successors and assigns, an easement.
Purpose: The easement granted herein shall be granted for the following purposes: the
construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate,
maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and
treating all wastewater; including surface water, stream water, flood water and ground water flowing into said
facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the
surface of the ground.
Said facility may include pipelines, pumping facilities, structures designed to control the flow of
wastewater and all facilities and structures associated with said use which are designed to facilitate the use and
protect the facility from natural and other forms of damage including, but not limited to, erosion control facilities,
Eng\WordVdasters\Fors\Grant Deed of Wastewater Pipeline Easement 08/17/98 Rev
. . 1
. . “
7084
fences, gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall
also include a means of access to and from said facility for the purpose of constructing, operating, repairing,
maintaining, inspecting and reconstructing said facility.
The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no
buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement
be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses
whether compatible or incompatible with the uses described herein without the express written approval of the
Grantee.
LOCATION OF EASEMENT:
The easement granted herein shall be located within and upon the properties more particularly
described in Exhibit “A” and Exhibit “B” attached hereto and by this reference made a part hereof.
Executed by the Grantor this d &4!! -57 day of
2oLB
GRANTOR:
(sign here)
(title of signatory)
(Notarial acknowledgment of execution of PROPERTY OWNER must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for
corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering the officer(s) signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to
execute this instrument.)
APPROVED AS TO FORM: APPROVED AS TO FORM:
B. BROWER, Deputy City Attorney B. BROWER, Deputy City Attorney
Eng\WordMaslersForms\Grant Deed of Wastewater Pipeline Easement
2
06/l 796 Rev
.-
7085
State of California )
1 County of San Diego )
On August 2, 2000, before me, Belinda R. Guzman, Notary Public, personally appeared
Richard C. Kelly, proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument
the person, or entity upon behalf of which the person acted, executed the instrument.
~R.GWMN
%
comnyOn#M26bl9 lydayRk!lC--cd#nb
(This area for
official notary seal)
Title or Type of Document Grant Deed of Wastewater Pipeline Easement
Date of Document August 2,200O No. of Pages 2
Signer(s) other than named above None
Public Sewer Easement I 7086
7-23-99 1 of 2
EXHIBIT “A”
(Kelly Golf Course)
A 25.00 foot easement for public sewer mains, appurtenances and utility purposes
over, under, along and across a portion of Lots B and E of the Ranch0 Agua
Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Offrce of the County Recorder of said County on November 181896 described as follows:
Parcel 1 Rasement
A strip of land 25.00 feet in width lying 12.50 feet each side of, measured at right angles, and parallel with the following described centerline
Commencing at the most Southerly comer of Parcel 2 of Parcel Map No. 17985, filed in the Office of the County Recorder of said County on February 4, 1998; thence along the Southeasterly line of said Parcel 2 North 29°50’37” East (Parcel
Map No, 17985 = North 29O58’33” East) 573.69 feet to the True Point of
Beginning; thence leaving said Southeasterly line North 89°32’OO” East, 37.67
feet to the beginning of a tangent 525.06 foot radius curve concave Northerly;
thence Easterly and Northeasterly along the arc of said .curve through a central angle of 13”49’00” a distance of 126.60 feet; thence tangent to said curve North 75’43’00” East, 197.99 feet; thence North 83O38’04” East, 225.48 feet to the beginning of a tangent 525.00 foot radius curve concave Southwesterly; thence
Easterly and Southeasterly along the arc of said curve through a central angle of
15’36’56” a distance of 143.08 feet; thence tangent to said curve South 80”45’00” East, 71.83 feet; thence South 39”26’00” East, 330.00 feet to the beginning of a tangent 824.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 27’16’09” a distance of 392.17 feet to a point in the arc of said curve to which a radial line bears North
87’47’03” East; thence leaving said curve South 70°37’OO” East, 48.48 feet to the
Westerly line of the 70.50 acre Tract shown on Record of Survey No. 517, filed in the Office of the County Recorder of said County on October 30, 1935, said point bears North 13”27’28” East, 35.27 feet from the intersection of said
Westerly line with the North line of Lot 11 of Map No. 11242, filed in the Office
of the County Recorder of said County on May 23, 1985. -f
7087 The sidelines of said strip of land are to be lengthened or shortened to begin in
the Southeasterly line of Parcel 2 of said Parcel Map No. 17985 and terminate in
the Westerly line of said Record of Survey No. 5 17.
Said easement contains 39,215 square feet.
Parcel 2 TemDownstrbction Bsement
A strip of land lying 10.00 feet each side of, measured :at right angles, and
parallel with the above described Parcel 1.
Parcel 3 TemDcgarv construction Easement
A strip of land 10.00 feet in width lying Southeasterly of and parallel with the Southeasterly line of Parcel 2 of said Parcel Map No. 17985.
. Parcel 4 “IlemPorarv Co-
That portion of Lot B of said Map No. 823 lying between the Southerly and
Southwesterly sidelines of the above described Parcel 1 and the following
described line.
Beginning at the intersection of the Westerly line of the ,70.50 acre Tract as shown on said Record of survey No. 517 with the centerline of the above described Parcel 1; thence along said Westerly line South 13’27’28” West, 36.75 feet to the North line of Lot 11 of said Map No. I 1242; thence leaving said Westerly line along said North line North 76”32’05 West, 104.75 feet ( North 76’46’42” West, 104.48 feet per record of Survey No. 6169); thence leaving said North line North 20’54’43” East, 106.39 feet; thence North 15*42’23” East, 236.00 feet; thence North 40’54’30” East, 9.36 feet. :
This legal description and plat attached hereto were prepared by me or under my direction.
Fz.LA Lc/. &t&&&J k 5 &53y
Francis W. Fitzpzrick L. S. 4539
License expiresASept. 30,2002
and made a part of this document
2of2
7
EXHlB IT”&’
7088
AANcHo AGLJA HEDloNDA MAP NO. 823 4 OF G 6168
RANCH0 AGUA HEDlDNDA / MAP No, 823
0 200 400 600 ipz, G& ‘:$ry d-c 7 9 m
GRAPHIC SCALE
6 N76-32’05’%‘#,104.75’ ER MAP NO. 11242
*L Dl Al- l-n II I I ICTDATF
C.M.W.D. 92-406
A.P.N. 209-060-58
SEWER EASEMENT AND
TEMPORARY 8
n
MANlTOU ENGINEERING COMPANY
I
PlANNlNG ’ CONSULTING ENGlNEtRlNG * SURVEIING 3% wsl wmln AYE. rum ‘I-, EscoNo(oo, CA 9*025 ltulwoN~ (763) 141-1911 I CONSTRUCTION EASEMENT
MESVROI \DATA\~ 529\i 529po2c
7039
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the deed or
grant dated Awust 2.2000, from Richard C. Kellv, to the City of Carlsbad,
California, a municipal corporation, is hereby accepted by the City Council of the
City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on
September 16, 1997, and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED: 7 -&- 00
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 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE
ACQUISITION OF EASEMENT FROM RICHARD C. KELLY FOR
THE SOUTH AGUA HEDIONDA INTERCEPTOR SEWER REACH
SAHTIE, CITY PROJECT NOS. 35821, 35831, 38281, CMWD PROJECT NO. 92-406.
WHEREAS, the City of Carlsbad has designed Reach SAHTlE of the South
Agua Hedionda Interceptor Sewer; and
WHEREAS, the sewer pipeline for Reach SAHTl E is located in private property owned by
Richard C. Kelly; and, therefore, a permanent easement and temporary construction easement
are required to construct, operate and maintain the sewer pipeline; and
WHEREAS, the City has prepared the required grant deed, legal description and plat for
the easements and offered Richard C. Kelly the total sum of $32,053 for the permanent and
temporary construction easements, and Richard C. Kelly has agreed to the City’s offered amount
for acquisition of the easements; and
WHEREAS, there are sufficient funds available to obtain the easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the attached grant deed be approved and accepted and the City Clerk is
directed to attach her certificate of acceptance and cause the deed to be recorded in the office of
the County Recorder.
ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
1
2
3
4
5
6
7
8
9
IO
11
12
13
16
17
18
19
20
21
22
23
24
25
26
27
28
3. That payment in the total amount of $32,053 be authorized and paid to
Richard C. Kelly from the project account after recordation of the easements with the County
Recorder’s Office.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 12th day of September 1 2000 by the following vote, to
wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin