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HomeMy WebLinkAbout2000-10-03; City Council; 15918; South Agua Hedionda Interceptor Sewer ReachCITY OF CARLSBAD -AGENDA BILL c 4 ?7 iB# l\s,q \%-, TITLE- APPROVE AND AUTHORIZE ACQUISITION OF -’ EASEMENT FROM RANCH0 CARLSBAD OWNERS’ HTG. 1 o/03/00 ASSOCIATION, APN: 168-050-34, FOR SOUTH AGUA HEDIONDA INTERCEPTOR SEWER REACH SAHTI E, IEPT. ENG CITY PROJECT NOS. 35821,35831,38281 DEPl CITY CITY RECOMMENDED ACTION: Adopt Resolution No. ao(30- 30 7 to approve and authorize acquisition of from Ranch0 Carlsbad Owners’ Association, APN: 168-050-34, for South Agua Interceptor Sewer Reach SAHTl E, City Project Nos. 35821, 35831, and 38281, CMV No. 92-406. ITEM EXPLANATION: The South Agua Hedionda Interceptor Sewer begins at the intersection of Cannon Ro; NCTD right-of-way and extends easterly along Cannon Road to El Camino Real. It ther southeasterly along El Camino Real to the Ranch0 Carlsbad Mobile Home Park crosses the Ranch0 Carlsbad Golf Course property and then easterly to Carlsbad Ranch0 Carlsbad Owners’ Association owns the mobile home park property where an e; required to construct, operate, and maintain the sewer pipeline. The City has designed the interceptor sewer along this reach referred to as Reach The sewer alignment across the property, owned by Ranch0 Carlsbad Owners’ Associat within a 25-foot wide permanent easement and a construction easement running in para side of the permanent easement. The City has made an offer to Ranch0 Carlsba Association to acquire the permanent and temporary easements for the total amount c Ranch0 Carlsbad Owners’ Association has agreed to the amount and has signed the gra the easements. ENVIRONMENTAL REVIEW: The Planning Director issued a Mitigated Negative Declaration for Reach SAHTlE on 1 1999 under EIA 97-05 which was certified by the City Council on April 4, 2000 by Rest 2000-I 06. FISCAL IMPACT: The total cost for the easements is $10,715. Funding for the easement is obtainec South Agua Hedionda Interceptor Sewer project where sewer benefit area fees from are: “E”, and “F” are the funding source. While funding for the entire South Agua Hedionda Interceptor Sewer project is curre review and is not being addressed in this agenda bill, the easement is being obtained ! developer can proceed in the area. Staff will return to the City Council with the overall p estimates and funding sources at a later date. EXHIBITS: 1. Location Map for Reach SAHTI E. 2. Grant deed for 25-foot wide easement from Ranch0 Carlsbad Owners’ A APN: 168-050-34. 3. Resolution No. m- “30 3 to approve and authorize acquisition of ease Ranch0 Carlsbad Owners’ Association on South Agua Hedionda Interceptor Se\ SAHTI E. 4. Exhibit “A”. 4Tl-Y. klGR= easement Hedionda ID Project d and the proceeds where it Raceway. tsement is SAHTI E. on, will be lel on one I Owners’ f $10,715. It deed for iugust 18, llution No. from the s “c”, “D”, ltly under ‘0 that the *eject cost isociation, nent from /er Reach U I\1 ‘11 VI J 1 n I ‘A L CITY OF ENCINITAS I PROJECT NAME PROJECT EXHIBIT SAHTlE SEWER EASEMENT AND TEMPORARY CONSTRUCTION NUMBER EASEMENT FROM RANCH0 CARLSBAD OWNER’S ASSOCIATION 92-406 7 W BY: SCOTT EVANS, CARLSBAD ENGlNEERlNG DEPT. 8/16/00 C: \CAPlJAL\PLUMMER\BZ-406A.DK r I . ’ I , ’ RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Cartsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT EXEMPT Please record this document at no fee * 74 as it is to the benefit of the City (Gov. code p103p a@& w Please record this document at no fee * 74 as it is to the benefit of the City (Gov. code p103p a@& lloc # 2001-0176777 Mar 2Ts 2001 9:46 fwl lmcr~ IEam SAN DIE@ CouHpl RENRDER’S OFFICE lxGoRY iGYm %- DC: ‘M 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 Gw 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.: APN 168-050-34 Project No. & Name: CMWD 92-406 REACH TIE RANCH0 CARLSBAD OWNERS ASSOCIATION 18” SEWER TRUNK CITY OF CARLSBAD WlLllAM E. PLUMMER, Deputy City Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT RANCH0 CARLSBAD OWNERS’ ASSOCIATION does hereby grant to City of Cartsbad, 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, fences, gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall also EngWordWastemFormsX;rrmt Deed of Wastawatsr Pip&a lEtwmnt WI 7/98 Rev 1 I * . . ’ . 4105 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 thfs s day of fis8q 20 61 . GRANTOR: RANCH0 CARLSBAD OWNERS’ ASSOCIATION (name of grantor) v \~=-?asE-w== (title of signatory) (titlqf 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.) (tf signed by an individual partner, the partnership must attach a statement of partnership authortzing the partner to execute this instrument.) D AS TO FORM: EngWbtdWa~n\Forms~ranl Deed of bVas&water Pipeline Esssmenl 2 OW17198 Rev I CALIFORWA ALL=PURPOSE ACKNOWLEDGMENT No. 59007 state of. F&#y .I8 4106 County of , LW &F& On /- c‘-g/. DATE before me, CJc/-f \ /I/// /v&f ’ #kcz949 Pc/Al#c ( NAME. TITLE OF OFF(CEt-4~ E.G.. -JANE WE. N6TAflY PUBLIC’ personally appeared . /“flff/‘6lpfeT P &n7rY ’ fJ8 personally known to me - OR - El nrn..arlfema to be the person@) whose name+) is&e subscribed to the within-instrument and ac- knowledged to me that belsheHkey executed the same in b&s/her/Mr authorized capacity(*&, and that by kFs/her/their signature@) on the instrument the person(s), or the entity upon behalf ‘of which the person(f) acted, executed the instrument. WITNESS my hand and official seal. -e-m ----.- .- SIGfdAlul7~ OF Though the data below is no! required by law, it may prove valuable lo persons relying on Ihe document Ind could prcvcnl fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT a INDIVIDUAL c] CORPORATE OFFICER 6h?A/~ #d&v 8‘ L+vx@ a/&via -9ij’r -A> C ~~Phl ~&L~~~~ TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED . 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: _a AM EYmei.Lk 4?KG NUMBER OF PAGES _. -- ---.- -_--_-... DATE OF DOCUMENT SIGNER IS REPRESENTING: PYJGW 04. /m//1 NAME OF PeRsoMtsl OR ENmwE.sJ 22ANC&GI f#ffrAbw &f&f &-~f/prrjr kc * &z!P _.__--.._ --_- SIGNER(S) OTHER THAN NAMED AEOVE hv/dm- &&$&pm -_ 01993 NATIONAL IJOTARY ~.JJ ~~~IATl0f.l - C?JC RWVWI ho.. P.O. OUR 7 134 - C;*.G-J;~ Pd.. CA l’iw@ ,‘:!;.I -. .--.- . I CALtFORNlA ALL-PURPOSE ACKNOWLEDGMENT No. 5% State of I!#! Fd /iN/ k county of C. Cdb# &r dt9 On /- r- d/ DATE . before me, L?‘ULV A? &&W NflTfl!U ~M?f//C , NAME. TITLE OF OFFICER. E.G.. -JANE WE,‘klTAHY PUIILIC’ personally appeared PUbJEI/ A. KOH I$! personally known to me - OR, - 0 ]nce to be the person(s) whose name(s) is/arc subscribed to the within-instrument and ac- knowledged to me that he,%+?#+ey executed the same in his/Mr authorized capacity-), and that by hisA&t-beir signature(c) on the instrument the person@), or the entity upon behalf of which the person(sj acted, executed the instrument. WITNESS my hand and official seal. Though Ihe dafa below is not required by law, i! may prove valuable lo persons relying on the document and could prcvcnt fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRlPTlON OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER +crr m/q A mu(s) -2h!EdA/4t c++JY/t*e*u zl-,, TITLE OR TYPE OF OOCUMENT 0 PARTNER(S) 0 LIMITED . 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 8 ~U;~N/CONSERVATOR . -61 t E vd, dJ*T ~~&&&$~ NUMBER OF PAGES I- -_ s-- Q/ -.- .---_-._ DATE OF DOCUMENT SiGNER IS REPRESENTING: NAMfOFPERSaJmOAE~(lES) RA/v(//p /Lx?1 dc?&L/3kAI/~_ -ta- h&f .--._--- ---.-_ SIGNER(S) OTHER THAN NAMED ABOVE 01993 Hl\lIONA: f4OTAl7Y r.SWClATlOt4 . 133t I3wmie1 hvo.. P.O. i?or 7 134 . CS:,..~!;I I’d. C;\ 9iXr1 , :!LI .-w-w . , . , . . n . 1529 4108 Public Sewer Easement 7-23-99 1 of 1 EXHIBIT “A” (Ranch0 Carlsbad Drive) An easement for public sewer mains, appurtenances and utility purposes over, under, along and across a portion of City of Carlsbad Minor Subdivision No, 96-08, in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map thereof No. 17985, filed in the Office of the County Recorder of said County on February 4, 1998 described as follows: Commencing at the most Southerly comer of Parcel 2 as shown on said Parcel Map No. 17985; thence along the Northeasterly sideline of El Camino Real as shown on said Parcel Map North 63’39’04” West (Parcel Map No. 17985 = North 63’31’07” West) 6.14 feet to the True Point of Beginning; thence continuing along said sideline North 63’39’04” West (Parcel Map No. 17985 = North 63’31’07” West) 25.06 feet; thence leaving said sideline North 30°27’OO” East, 575.46 feet; thence North 89O32’0O’East, 30.26 feet to the Southeasterly line of said Parcel 2, said point bears North 29’50’37” East (Parcel Map No. 17985 = North 29’58’33” East) 588.17 feet from the most Southerly comer of said Parcel 2; thence along said Southeasterly line South 29O50’37” West (Parcel Map No. 17985 = South 29’58’33” West) 28.96 feet; thence leaving said Southeasterly line South 89’32’00” West, 0.24 feet; thence South 30°27’OO” West, 559.50 feet to the True Point of Beginning. . Said easement contains 14,551 square feet. That portion of Parcel 2 of said Parcel Map No. 17985 lying ,Southeasterly of the above described Parcel 1. This legal description and plat attached hereto prepared by me or under my direction. =lzm , $ci&LdJ L.5.4539 Francis‘WWF;tzna%ck L. S. 4539 License expires*Sept. 30,2002 an Id made a part of this document were PLAT TO ILLUSTRATE SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT 0 100 200 300 400 MANITOU ENGINEERING COMPANY PWdNlNG ’ CONSULTING ENGINEERING * SURVVCIING Jwuwlnwmr, --8-,cxuom,51.ma,mrm*c (No) 7.LIUI GRAPHIC SCALE :SVROl\MTA\ISzP\1Sz9,WlA e/zs/ss I * . . ’ . . , . CERTlFlCATlON FOR ACCEPTANCE OF DEED , .,&!s~;ii:~&&~ ; //1, .r / ‘i=i*i,l ,%$*‘..mp* a, Z’, ,,, $L’;$+g .: I”1 / :, ~,~~~~~,~~. ; y$L[’ i” ,,~&.,.i..:$:” *’ z ‘j&& -.,:i ;&‘i::;+; l$$g “‘: :. .“:;p, 1 gr- s,,&&fq- $$.:i”:ig:il.:;<, : -:%!j[@ ’ ‘&;$&;;,;, !“” ‘:! ‘!.y.i , f;,+;i :: bslsjTl !,t*.: ,‘~~~f~~~l~!~i~‘] :(: i i ,, L ,., I ii:-:: q; 41 l;~&pw~~“‘~~ $f,; ‘,: 1. : ,, ,; ’ :, t ‘I . ..$ :‘ iz-::.;.,. : ._a...: /?,I’ sr, I!&‘.; ef I: ‘:I..i!,.i,..,-. I!.< ] $ f.“%, il .: -:&~ {:, ‘# ‘&da* .-~~~~~.,.~,~~~~~:~t.~,~ ,!:j) ?,~r~!i~~~~‘~~.~~~~~,~,. ’ . ..’ ,,i&‘. ,.,: .:~~;--:~~~~;~~~~~‘,: j ,,,,. : ,/! .,,‘jg~; ~~~~~~~~~~ .‘: J; : ,:j I :. j /. ; ,.::ig ” DATED: January 29,2001 Assistant Cii Clerk II 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 nd?; b&3 RESOLUTION NO. 2000-307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE ACQUISITION OF EASEMENT FROM RANCH0 CARLSBAD OWNERS ASSOCIATION 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 SAHTIE is located in private property owned by Ranch0 Carlsbad Owners’ Association; 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 Ranch0 Carlsbad Owners’ Association the total sum of $10,715 for the permanent and temporary construction easements, and Ranch0 Carlsbad Owners’ Association 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 s 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 3. That payment in the total amount of $10,715 be authorized and paid to Ranch0 Carlsbad Owners’ Association from the project account prior to 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 3rd dayof October ,200O by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard and Kulchin NOES: None ATTEST: 5mm= -ORl?Al~ M. WOOD, City Clerk (SEAL)