HomeMy WebLinkAbout2000-10-17; City Council; 15938; Palmer Way Sewer & Water Pipeline# . /h
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CITY OF CARLSBADKARLSBAD MUNICIPAL WATER DIS I’RICT -AGE
C@# /jc139 TITLE; APPROVE AND AUTHORIZE ACQUISITION OF
MTG. 1 O/l 7/00 I
EASEMENT ON BARBER’S AND WRISLEY’S PROPERTY
FOR PALMER WAY SEWER AND WATER PIPELINE
3EPT. ENG CITY PROJECT NO. 35391, CMWD PROJECT NO. 92-406
RECOMMENDED ACTION:
City of Carlsbad City Council: Adopt Resolution No. a@JiI -32s” to approve and authorize acquisition of easement from Barber’s (APN Nos. 209-060-56 & 57) and Wrisley’s
(APN 209-040-35) for Palmer Way Sewer, City Project No. 35391, CMWD Project No. 92-406.
Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. //&
to approve and authorize acquisition of easement from Barber’s (APN Nos. 209-060-56 & 57) and
Wrisley’s (APN 209-040-35) for Palmer Way Water Pipeline, City Project No. 35391,
CMWD Project No. 92-406.
ITEM EXPLANATION:
The Palmer Way sewer and water pipelines begin at the intersection of Palmer Way and
Cougar Drive. The design extends both pipelines northerly to Fox Tail Loop Street. The alignment
proceeds across two privately owned parcels of land. One parcel is owned by Ross G. Barber,
Linda A. Barber, and Mabel L. Barber. The other parcel is owned by Ralph and Hope Wrisley. A 25-foot wide permanent easement and IO-foot wide construction easement are required to
construct, operate and maintain both the water and sewer pipelines across both parcels.
An offer has been made to the Barber’s to acquire the permanent and temporary construction easements for the total amount of $50,832.00. The Barber’s have agreed to the amount and have
signed the grant deed for the easements. An offer was also made to the Wrisley’s to acquire the permanent and temporary construction easements for the total amount of $19,639.50. The Wrisley’s
have also agreed to the amount and have signed the grant deed for the easements.
ENVIRONMENTAL REVIEW:
The Planning Director issued a Mitigated Negative Declaration for the Palmer Way sewer and
water pipelines, described as pipeline Reach SAHTI F, on August 18, 1999 under EIA 97-05 which was certified by the City Council on April 4, 2000 by Resolution No. 2000-106.
FISCAL IMPACT:
The total cost for the easements is $70,471.50. Funding for the project is $125,000. The total cost for the project is summarized below:
PALMER WAY SEWER AND WATER PIPELINE PROJECT COST SUMMARY
, ’ Page 2 of Agenda Bill No. z,, 9.38
EXHIBITS:
1.
2.
3.
4.
5.
Location Map.
Resolution No. 2000-3~~ of the City Council of the City of Carlsbad to approve and
authorize acquisition of easement from Barber’s (APN Nos. 209-060-56 & 57) and Wrisley’s
(APN 209-040-35) for Palmer Way Sewer Pipeline, City Project No. 35391, CMWD Project
No. 92-406.
Resolution No. -LlLk- of the Carlsbad Municipal Water District, a Subsidiary District
of the City of Carlsbad, to approve and authorize acquisition of easement from Barber’s
(APN Nos. 209-060-56 & 57) and Wrisley’s (APN 209-040-35) for Palmer Way Water
Pipeline, City Project No. 35391, CMWD Project No. 92-406.
Grant deed for Barber property.
Grant deed for Wrisley property.
2
ER & WATER
SEWER & WA TER
PROJECT NAME EASEMENT FROM BARBER TRUST PROJECT EXHIBIT AND WRISLEY FAMILY TRUST FOR NUMBER PALMER WAY SEWER & WATER PIPELINE 35391 I
9/25/00 C:\CAPITAL\PLlJMMER\35391.DWG 3
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II RESOLUTION NO. 2000-325
~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
~ CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE ACQUISITION OF EASEMENT FROM BARBER’S (APN NOS.
209-060-56 & 57) AND WRISLEYS (APN 209-040-35) FOR PALMER WAY SEWER PIPELINE, CITY PROJECT NO. 35391, CMWD PROJECT NO. 92-406.
WHEREAS, the City of Carlsbad has designed the Palmer Way Sewer; and
WHEREAS, the Palmer Way Sewer is located in private property owned by the Barber’s
and the Wrisley’s; 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 the Barber’s the total sum of $50,832 for the permanent and
temporary construction easements, and the Barber’s have agreed to the City’s offered amount for
acquisition of the easements; and
WHEREAS, the City has prepared the required grant deed, legal description and plat for
the easements and offered the Wrisley’s the total sum of $19,639.50 for the permanent and
temporary construction easements, and the Wrisley’s have agreed to the City’s offered amount for
acquisition of the easements; and
WHEREAS, there are sufficient funds available to obtain the easements.
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 deeds be approved and accepted and the City Clerk is
directed to attach her certificate of acceptance and cause the deeds to be recorded in the office of
the County Recorder.
ill
Ill
Ill
ill
Ill
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3. That payment in the total amount of $50,832 be authorized and paid to
Ross G. Barber, Linda A. Barber and Mabel L. Barber from the project account after recordation’
of the easements with the County Recorder’s Ofice.
4. That payment in the total amount of $19,639.50 be authorized and paid to Ralph and
5 11 Hope Wrisley from the project account after recordation of the easements with the
6 County Recorder’s Office.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 17th day of October ,200O by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
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ATTEST:
L
&he-
LORRAINE/M. WOOD, City Clerk (SEAL)
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RESOLUTION NO. 1106
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE ACQUISITION OF EASEMENT FROM BARBER’S (APN NOS. 209-060-56 & 57) AND WRISLEY’S (APN 209-040-35) FOR PALMER WAY WATER PIPELINE, CITYPROJECT NO. 35391, CMWD PROJECT NO. 92-406.
WHEREAS, the Carlsbad Municipal Water District has designed the Palmer Way Water
Pipeline; and
WHEREAS, the Palmer Way Water Pipeline is located in private property owned by the
Barber’s and the Wrisley’s; and, therefore, a permanent easement and temporary construction
easement are required to construct, operate, and maintain the water pipeline; and
WHEREAS, the District has prepared the required grant deed, legal description and plat
for the permanent and temporary construction easements, and the Barber’s have signed the
District’s easement documents; and
WHEREAS, the District has prepared the required grant deed, legal description and plat
for the permanent and temporary construction easements and the Wrisley’s have signed the
District’s easement documents.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
Water District (CMWD) of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
1 2. That the attached grant deeds be approved and accepted and the Secretary is
2 directed to attach her certificate of acceptance and cause the deeds to be recorded in the office of
3 the County Recorder.
4
5 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
6 Water District held on the 17th day of October I 2000 by the
7 following vote, to wit:
8 AYES: Board Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
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(SEAL)
RECORDING REQUESTED BY DOG # 2000-0673970
AND WHEN RECORDED,
PLEASE MAIL TO:
Dee 12, 2000 9: 21 AM
9-J city Clef-k
4”
City of Carlsbad 1200 Carlsbad Village Drive
P
Carlsbad, California 92668
,c:; MAIL TAX STATEMENTS TO:
DFFICIRL RECORDS BIN DIEGD COUNTY REUfRDfR’S OFFICE GlimRY ;~t4ITHI UyTYYREalRDER
oci ‘w
EXEMPT
Please record the document at no
fee as it is to the benefit of the District (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.: 209-040-35
Project No. & Name: CMWE 92-405
WRISLEY PROPERTY 16” WATER PIPELINE,
REACH SUNNYCREEK SUBDIVISION TO
COUGAR DRIVE
CARLSBAD MUNICIPAL WATER DISTRICT
APL WILLIAM E. PLUMMER, Deputy City Engineer
GRANT DEED OF WATER PIPELINE EASEMENT
Ralph Wrlsley and Hope Y. Wrlsley, as Trustee under the Wrisley 1990 Family Trust dated January 31,199O
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal
Water Act of 1911, and a Subsidiary District of the City of Carlsbad, 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 water, 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 water 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 include a means of access
to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and
Eng\WorcNMasters\Forms\Grant Deed of Water Line Easement 0&!17/98 Rev.
1
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 THE 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 /@day of
and Hope Y. Wrisley, as under the
Trust deted Januqry 31,199O
- ,$gn here)
I
(title of signatory)
(sign here)
By:
(title of signatory)
(Notarial acknowledgement of execution of PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal
empowering that officer to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to
execute this instrument.)
APPROVED AS TO FORM:
FIIALDJA;, ;RI@$z
DA I NTBROWER, Deputy General Counsel
Eng\WordMastersForms\Grant Deed of Water Line Easement 08/17/98 Rev.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On 8/11/00 Dale , before me, Ann E. Knight, Notary Public I Nmw and Ttle of OfWar (e.g., ‘Jane Doa. Notary Public’)
personally appeared *****Ralph Wrisley and Hope Wrisley************* ,
Name(s) of Signar(s)
0 personally known to me
@I proved to me on the basis of satisfactory
evidence
Place Notary Seal Above
to be the person(s) whose name(s) -is@
subscribed to the within instrument and I acknowledged to me
the same
capacity(ies), and that by lG&@%fP’
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
A
Signature of Notary~bk
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document Titleor Type ofDocument: Grant Deed of Water Pipeline Easement
Document Date: 8/11/00 Number of Pages: 4
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
Cl Other:
Signer Is Representing:
Q 1997 National Notary Association - 9350 De SotoAve., P.O. Box 2402 * Chatswotth, CA 91313-2402 Pmd No. 5907 Reorder: Call Toll-Free I-SOO-8766827
1529 Water Easement Revised 8-03-O 1 of 1
EXHIBIT “A”
(Wrisley Family Trust Property)
An easement for the construction, operation and maintenance of a public water main and appurtenances under, along and across a portion of Lot B 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 OKce of the County Recorder of said County on November 18, 1896 described as follows:
Commencing at an angle point in the Boundary of the “Remainder Parcel” as shown on Csrlsbad Tract No. 83-36, according to Map thereof No.1 1242, filed in the Office of the County Recorder of said County on May 23.1985, said angle point being the Southwesterly termhs of that certain course in the Boundary of said “Remainder Parcel” shown as “North 2OO47’25” East, 2025.13 feet; thence along the Southwesterly prolongation of said course South 20°47’25” West, 15.28 feet to the True Point of Beginning; thence leaving said course South 41O27’44” East, 122.94 feet; thence South 58O59’25” East, 27.54 feet to the Northwesterly terminus of that certain Public Road Easement (Palmer Way) described in document recorded March 16, 1990 as File/Page No. 90-140854 of Official Records; thence along said Northwesterly terminus South 22”38’12” West,(Record per said document = North
22O22’30” East) 37.01 feet; thence leaving said Northwesterly terminus North 41’27’44” West, 152.22 feet to the Southwesterly prolongation of the Boundary of said “Remainder Parcel”; thence along said Southwesterly prolongation North 20’47’25” East, 28.25 feet to the True Point of Beginning.
Said easement contains 3,944 more or less square feet.
A strip of land lying 10.00 feet each side of, measured at right angles, sidelines of the above described Parcel 1.
This legal description and plat attached hereto and made a part of prepared by me or under my direction.
u u. /d&&&d fY.5: 4~-
Francis W. Fitzpa%ck L. S. 4539 License expires Sept. 30,2002
and parallel with the
this document were
PLAT OF
WATER EASEMENT
(WRISLEY FAMILY TRUST PROPERTY)
CT. 83--36
UNIT NO. 1
RFMAINnFR LOT B . .* . . . . . . . .- -.
PARCEL RANCH0 AGUA HEDIONDA
PFRR T)FC 517 -I 1 , . . -, J. v, , MAP NO. 11242
z w 0, \ 4-w \ 40 --3. _ -
\
10.00’ P.h.lMlYl ,nt,n., LUN3 I KUL I IUN
\ !$c” \ /-EASEMENT
LOT B
25.00’ WATER g8_‘?9’25” w EA- ;EM ENT 2 !.!H
N2U47’25”Ev ’
:TION \ \ \ EASEMENT
’ I IO I
\
N41’27’44”W j 52.22’
R. OF S. 4223 I
RANCH0 AGUA HEDIONDA
PER R. OF S. 517
-
*
‘\
I \
SCALE: I”= 100’
GRAPHIC SCALE
1469\1469Cougar273100 n MANITOU ENGINEERING COMPANY
I
PLANNING - CONSULTING ENGINEERING . SURVEYING
,5D VEST NINTH AMNUE. ESCONDIDO. CAUFORNU 92025 TELEPHONE (760) 741-9921
c-
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the deed or
grant dated August 26. 2000, from Ralnh Wrislev & Hone Y. Wrislev, to the
Carlsbad Municipal Water District, is hereby accepted by the Board of Directors of
the Carlsbad Municipal Water District, California, pursuant to Resolution 1106,
adopted on October 17, 2000, and the grantee consents to the recordation thereof by
its duly authorized officer.
DATED: NOVEMBER 27, 2000
OOD, ‘-SEC~EJ-flRy
. ’
RECORDING REQUESTED BY
AND WHEN RECORDED, PLEASE MAIL TO:
City Clerk
Cii of Carlsbad 1200 Carlsbad Village Drive
,: i’: Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
Please record this document at no fee as it is to the benefit of the City (Gov.
Code [6103]).
DOC ii 2000-0673971
Dee 123 2000 9:21 AM
wFIcIfx REmRDs SAli DIEGO COUNTY RECORDER’S OFFICE GREGOAY ;.JlITHs uua;6RECORllER
oci ‘NR
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.
Space above this line for Recorder’s use.
Assessor’s Parcel No.: APN 209-040-35
Project No. & Name: CMWD 92-406
WRISLEY PROPERTY 8” WASTEWATER PIPELINE,
REACH SUNNYCREEK SUBDIVISION TO
COUGAR DRIVE
CITY OF CARLSBAD
WILLIAM E. PLUMMER, Deputy City Engineer
GRANT DEED OF WASTEWATER PIPELINE EASEMENT
Ralph Wrlsley and Hope Y. Wrisley, as Trustee under the Wrlsley 1990 Family Trust dated January 31,199O
does hereby grant to City of Carlsbad, 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
Eng\Word\Masters\Fors\Grant Deed of Wastewater Pipeline Easement 08/17/98 Rev
1
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
Executed by the Grantor this
2om.
GRANTOR:
Ralph Wrlsley and Hope Y. Wrisley, as Trustee under
the Wrlsley 1990 Family Trust dated January 31,199O
(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:
Eng\WorrAMasters\Forms\Grant Deed of Wastewater Pipeline Easement 08/l 7198 Rev
State of California
County of San Diego >
ss.
On 8-11-00
Date
, before me, Ann E. Knight, Notary Public
Name and Title of Officer (e.g., *Jane Doe. Notary Public”)
,
personally appeared ******Ralph Wrisley and Hope Wrisley************* ,
Name(s) of Signer(s)
0 personally known to me
PI proved to me on the basis of satisfactory
evidence
ANNEKNIGW ..
commIaion#ll7l&c(~~
NOtayPlJbk-cdifamh
~~egocounty MGunm.ficpiakn31.P
Place Notary Seal Above
to be the person(s) whose name(s) e
subscribed to the within instrument and
acknowledged to me that heM&&?xecuted
the same in e authorized
capacity(ies), and that by e etr
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Sllnature of Notary PuMic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Grant Deed of Wastewater Pipeline
Easement
Document Date: 8/11/00 Number of Pages: 4
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
Cl Partner - 0 Limited q General
0 Attorney in Fact
0 Trustee
El Guardian or Conservator
0 Other:
Signer Is Representing:
0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Pmd. No. 5907 Reorder: Call Toll-Free l-600-676-6627
152!4 Sewer Easement Revised 8-03-CXI 1 of 1
EXHIBIT “A”
(Wrisley Family Trust Property)
An easement for the construction, operation and maintenance of a public sewer main and
appurtenances under, along and across a portion of Lot B 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 Office of the County Recorder of said County on November 18, 1896 described as follows:
Commencing at an angle point in the Boundary of the ‘Remainder Parcel” as shown on Carlsbad Tract No. 83-36, according to Map thereof No.11242, filed in the Office of the County Recorder of said County on May 23,1985, said angle point being the Southwesterly terminus of that certain course in the Boundary of said “Remainder Parcel” shown as “North 20’47’25” East, 2025.13 feet; thence along the Southwesterly prolongation of said course South 20°47'2!5" West, 15.28 feet to the True Point of Beginning thence leaving said course South 41’27’44” East., 122.94 feet; thence South 58”59’25” East, 27.54 feet to the Northwesterly terminus of that certain Public Road Easement (Palmer Way) described in document recorded March 16,199O as File/Page No. 90-140854 of Official Records; thence along said Northwesterly terminus South 22’38’12” West,(Record per said document = North 22"22'30" East) 37.01 feet; thence leaving said Northwesterly terminus North 41O27’44” West, 152.22 feet to the Southwesterly prolongation of the Boundary of said “Remainder Parcel”; thence along said Southwesterly prolongation North 20”47’25” East, 28.25 feet to the True Point of Beginning.
Said easement contains 3,944 more or less square feet.
. Cm
A strip of land lying 10.00 feet each side of, measured at right angles, and parallel with the sidelines of the above described Parcel 1.
This legal description and plat attached prepared by me or under my direction.
--5Gi&& u/J _ . . .F& t a?' i-54ss5J
Francis W. Fitzpatrick L. S. 4539
hereto and made aPti of this document were
License expires-Sept. 30,2002
-
PLAT OF
SEWER EASEMENT
(WRISLEY FAMILY TRUST PROPERTY)
C.T. 83-36
UNIT NO. 1
REMAINDER
PARCEL
MAP NO. 11242
LOT B
RANCH0 AGUA HEDiONDA PER R. OF S. 517
-\
1 -v- ' ,.i\
LOT B
NCHO AGUA
PER R. OF
HEDIONDA
s. 517
R. OF S.
;lIWN
/ 25.00’ SLIILI\ WCD N58’59’25”W
/
EASEMENT 27.54’
/
-Q~$3’12”E
4223
\ 10.00” CONSTRUCTwv
\ EASEMENT
I
\
N41’
SCALE: 1 “= 100’
GRAPHIC SCALE
1469\1469Cougar273100
MANITOU ENGINEERING COMPANY -jh&‘&+ r+cj. - &4&l L-j. 4559
PUNNING * CONSULTING ENGINEERING - SURVEYING FRANK W. FITZPATidCK L.S. 4539
J50 WEST NINTH AVENUE. ESZONDIDO. CALIFORNY 92025 TELEPHONE (760) ,,I-9921 ,L .‘;a ..L;Io
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the deed or
grant dated Awust 26. 2000, from Ralnh Wrislev & Hope Y. Wrislev, to the City of
Carlsbad, California, a municipal corporation, is hereby accepted by the City
Council of the City of Carlsbad, California, pursuant to Resolution 2000-325,
adopted on October 17,2000, and the grantee consents to the recordation thereof by
its duly authorized officer.
DATED: NOVEMBER 27, 2000
wLORR&NE M. WOOD, City Clerk
+ . ‘. . ,
RECORDING REQUESTED BY
AND WHEN RECORDED, PLEASE MAIL TO:
City Clerk City of Carlsbad
P / 1200 Carlsbad Village Drive
Carlsbad, California 92008
fC” MAIL TAX STATEMENTS TO:
mc # 2000-0673973
Dee 12s 2000 9:21 APli
OFFICIAL REUIRDS SclH DIES0 MUMY RECORDER’S OFFICE GREGtRY @#~ITHI CSt!$RE@RDER
DC:: 'NI
EXEMPT
Please record this document at no fee
as it is to the benefit of the City (Gov.
Code [SlOS]).
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 Grty conveyed, or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
Assessor’s Parcel No.: 209-060-56 & 57
Project No. & Name: CMWD 98401
BARBER PROPERTY, 8” SEWER PIPELINE, REACH
SUNNYCREEK SUBDIVISION TO COUGAR DRIVE
( ) Unincorporated area: (x) City of Carlsbad , and
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
CITY OF CARLSBAD
GRANT DEED OF WASTEWATER PIPELINE EASEMENT
Ross G. Barber, Trustee and Linda A. Barber, Trustee of the Barber Declaration of Trust dated January 17,1986
as to an undlvlded W interest and Mabel L. Barber, Trustee under Trust dated October 19, 1989 or the Successor
Trustee thereof, as to an undlvlded % interest
does hereby grant to City of Catlsbad, 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, transporting, 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, 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, locking
devices, and 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, nor trees planted, nor may the easement be used by the Grantor
Eng\WorcMtlasters\Forms\Grant Deed 01 Wastewater Pipeline Easement 0#17/99 Rev
1
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. Moderate leveling
up to five (5) feet above existing grade, concrete curbs, gutters, sidewalks, parking lots and pavement are
acceptable over the said easement with the express written approval of Grantee, which shall not be unreasonably
withheld. Fences may cross the easement provided gates are installed to allow vehicle access for sewer
maintenance.
The construction easement portion of said easement, as further described in Exhibits’ “A” & “B”, is
temporary and shall terminate upon acceptance of the construction work by 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 26 day of aa.
GRANTOR:
Ross G. Barber, Trustee and Linda A. Barber, Trustee of the
Barber Declaration of Trust dated January 17, 1988 as to an
undivided $4 interest and Mabel L. Barber, Trustee under
Trust dated October 19, 1989 or the Successor Trustee
thereof, as to an undivided $4 interest
By: P
By:
(tit6 of signatory)
By:
bign here)
(Notarial acknowledgment of execution of
PROPERTY OWNER must be attached.)
7-iidee
(title of signatory)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for
corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering the officer(s) signing to bind the corporation,)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to
execute this instrument.)
APPROVED AS TO FORM:
Eng\WordMasters\Forms\Gnnt Desd of Wastewater Pipeline Easement 08/l 7199 Rev
2
State of California
~E~,mmpuBtlc
Name and Title of Offfcer (e.g., ‘Jane Doe. Notary Public”)
&5 6 wwt &I& sbj; 6
Name(s) of Signer(s)
III ersonally known to me
d roved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) i&are
subscribed to the within instrument and
acknowledged to me that @&&they executed
otay Public - califomla the same in hjdfhpfltheir authorized
capacity(ies), and that by t-&&&/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
Place Notaly Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
cl Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
Q 1999 National Notatyksccation * 9350 De Soto Ave.. P.O. Box 2402 * Chatswc&n. CA 91313.2402 - www.nalionalnotar$arg Rod. No. 5907
IS29 Sewer Easement mvised 8-03-o lofl
EXHIBIT “A”
(Barber Trust Property)
An easement for the construction, operation and maintenance of a public sewer main and appurtenances under, along and across a portion of Lot B 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 Office of the County Recorder of said County on November 18, 1896 described as follows:
A strip of land 25.00 feet in width lying 7.00 feet Northerly and Northeasterly and 18.00 feet Southerly and Southwesterly, measured at right angles, and parallel with the following described line.
Commencing at an angle point in the boundary of the “Remainder Parcel” as shown on Carlsbad Tract No. 83-36 according to Map thereof No. 11242 recorded May 23.1985, in the Office of said County Recorder, said angle point being the Southwesterly terminus of that certain course shown as North 20’47’25” East, 2025.13 feet on said Map No. 11242; thence along the Southwesterly prolongation of that certain course South 20’47’25” West, 23.19 feet to the True Point of Beginning; thence North 41’27’44” West, 109.46 feet to the beginning of a tangent 400.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 28’51’28” a distance of 201.47 feet; thence tangent to said curve North 70°19’12” West, 18.28 feet to the boundary of said “Remainder Parcel”.
The sidelines of said strip of land are to be lengthened or shortened to begin in a line that bears North 20’47’25” East through the True Point of Beginning and terminate in the boundary of said “Remainder Parcel”, said boundary bears North 20’49’45” East.
Said easement contains 8,236 more or less square feet.
A strip of land lying 10.00 feet each side of, measured at right angles, and parallel with the sidelines of the above described Parcel 1.
This legal description and plat attached hereto by me or under my direction.
-5LU.U -(L).&,& c, s.4539
and made PreP=d
Francis W. Fitzpan”ck L. S. 4539 License expires Sept. 30,2002
C.T. 83-
UNIT NO.
AP NO. 11
REMAINDER t
PLAT OF
SEWER EASEMENT
ARBER TRUST PROP ERTY)
LOT B
0 AGUA HEDIONDA
PER R. OF S. 517
\
\
LOT B
RANCH0 AGUA HEDIONDA \
PER R. OF S. 517 \
R. OF S. 4223
\
\
\
\
SCALE: l"=lOO
GRAPHIC SCALE
1469\1469Cougar173100
MANITOU ENGINEERING COMPANY TL-kNw.
PlANMING l CONSULTING ENGINEERING * SURVEYING FRANK W. FITL~AIKIC‘K L.S. 43s~
350 WEST NINTH AMNUE. ESCONDlW. C*LIFORNU 92025 TELEPHONE (760) 741-9921 E-64 -00
CERTIFICATION FOR ACCEPTANCE OF REED
This is to certify that the interest in real property conveyed by the deed or
grant dated Awust 26, 2000, from Ross G. Barber & Linda A. Barber, 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 2000-325,
adopted on October 17, 2000, and the grantee consents to the recordation thereof by
its duly authorized officer.
DATED: December 4, 2000
INE M. WOOD, City Clerk
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
DOC i 2000-0673972
Dee 12s 20010 ‘3:21 clil
oFFICIf4. RECORDS SAN DIEGD COUNTY !iEtRDER’S WfXE GBMIRY gm CoyYpoRm
oci ‘ta
Please record the document at no fee as it is to the benefit of the District (Gov. Code [8103].) I 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
Assessor’s Parcel No.: 20906656 & 57
Project No. & Name: CMWD 96-501
BARBER PROPERTY, 16” WATER PIPELINE,
REACH SUNNYCREEK SUBDIVISION TO
COUGAR DRIVE
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
CARLSBAD MUNICIPAL WATER DISTRICT
(-,Qh-
WILLIAM E. PLUMMER, Deputy City Engineer
GRANT DEED OF WATER PIPELINE EASEMENT
Ross G. Barber, Trustee and Linda A. Barber, Trustee of the Barber Declaration of Trust dated January 17, 1966 as to an undivided % Interest and Mabel L. Barber, Trustee under Trust dated October 19,1969 or the Successor Trustee thereof, as to an undivided ?4 interest
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal
Water Act of 1911, and a Subsidiary District of the City of Carlsbad, 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, transporting all water, 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, structures designed to control the flow of water 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,
and 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, nor trees planted, nor may the easement be used by the Grantor or any
Eng\Wordblasters\Forms\Grant Deed of Water Line Easement 09f17f90 Rev.
1
&her 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. Moderate leveling up to five (5) ft
over existing grade, concrete curbs, gutters, sidewalks, parking lots and pavement are acceptable over the said
easement with the express written approval of Grantee, which shall not be unreasonably withheld. Fences may cross
the easement provided gates are installed to allow vehicle access for water pipeline maintenance.
The construction easement portion of said easement, as further described in Exhibits’ “A” & “B”, is temporary
and shall terminate upon acceptance of the construction work by the Grantee.
LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties
more particularly described in Exhibit “A” and Exhibit “6” attached hereto and by this reference made a part hereof.
Executed by the Grantor this 26 day of lLf.y-eOfi”.
GRANTOR: Ross G. Barber, Trustee and Linda A. Barber, Trustee of the Barber Declaration of Trust dated January 17, 1999 as to an undivided ‘!I% interest and Mabel L. Barber, Trustee under Trust dated October 19, 1969 or the Successor Trustee thereof, as to an undivided YZ interest
By:
.- (sign here)
By:
(sign here)
By: TiUS&QC
(title of signatory)
(Notarial acknowledgement of execution of PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer 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:
RONALjR. BALL, GENERAL COUNSEL
By: I\-- &3--
DAM N B. BROWER, Deputy General Counsel
Eng\Word\Masters\Forms\Grant Deed of Water Line Easement 08/l 7198 Rev.
2
State of California
County of M
’ Date
, before me, ~W?LoN. mAt?Y m ,
Name and Title of Officer (e.g., ‘Jane Doe, Notary PuMic”)
personally appeared m&A\ 1 &be/: &6J fi w, hytr(# &I12 & Name(s) of Signer(s)
0 personally known to me
&proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) i&are
subscribed to the within instrument and
acknowledged to me that l-&J&/they executed
the same in h&&-t&their authorized
capacity(ies), and that by la&h&their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
Place Notaiy Seal &we
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
Cl Corporate Officer - Title(s):
Cl Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
q Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
0 1999 National Notary Associatkxn - 9350 08 Solo Ave., P.O. Box 2402 * Chalsworth. CA 91313;24W2 * nww.naiimaimla~.cfg Prod. No 5907 Reorder Call Toll-Free ,-SOO-876-8827
1529 Water Easement revised 8-0340 lofl
EXHIBIT “A”
(Barber Trust Property)
An easement for the construction, operation and maintenance of a public water main and appurtenances under, along and across a portion of Lot B 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 Office of the County Recorder of said County on November 18, 1896 described as follows:
A strip of land 25.00 feet in width lying 7.00 feet Northerly and Northeasterly and 18.00 feet Southerly and Southwesterly, measured at right angles, and parallel with the following described line.
Commencing at an angle point in the boundary of the “Remainder Parcel” as shown on Carl&ad Tract No. 83-36 according to Map thereof No. 11242 recorded May 23, 1985, in the Office of said County Recorder, said angle point being the Southwesterly terminus of that certain course shown as North 20’47’25” East, 2025.13 feet on said Map No. 11242; thence along the Southwesterly prolongation of that certain course South 2OO47’25” West, 23.19 feet to the True Point of Beginning; thence North 41’27’44” West, 109.46 feet to the beginning of a tangent 400.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 28”51’28” a distance of 201.47 feet; thence tangent to said curve North 70°19’12” West, 18.28 feet to the boundary of said “Remainder Parcel”.
The sidelines of said strip of land are to be lengthened or shortened to begin in a line that bears North 20°47’25” East through the True Point of Beginning and terminate in the boundary of said “Remainder Parcel”, said boundary bears North 20’49’45” East.
Said easement contains 8,236 more or less square feet.
A strip of land lying 10.00 feet each side of, measured at right angles, and parallel with the sidelines of the above &scribed Parcel 1.
This legal description and plat attached hereto and made a part by me or under my direction.
Francis W. Fitzpatriz L. S. 4539 License expires Sept. 30,2002
of this document were prepsu :ed
EXHrBr~ 3”
C.T. 85-36
UNIT NO. 1
MAP NO. 11242
PLAT OF
WATER EASEMENT
(BARBER TRUST PROPERTY)
REMAINDER
PARCFI z,
;TlOrji 3s2~s ,-18.00’ 2’2 g.3 c
R=4()0.()0’ 25.00’ WATER’
2 L=201.47’ EASEMENT ,. oo,
\ CO-NSTRUCTION
LOT B
RANCH0 AGUA HEDIONDA \
PER R. OF S. 517 I
R. OF S. 4223
,i,
\ \ I ‘\
LOT B
AGUA HEDIONDA
R. OF S. 517
\
\
\
t
I
I
7 SCALE: 1 “= 100
0 100 200 300
GRAPHIC SCALE
1469\1469Cougar173100
-IL.&W.
FRANK W. FITZPATRICK L.S. 4539 MANITOU ENGINEERING COMPANY
PLANNING * CONSULTING ENGINEERING - SURVEYING
30 WEST NINTH AVENUE. ESCONOlOO. CALFORNlA 92025 TELEPHONE (760) 741-9921 B -04 -00
-1
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the deed or
grant dated August 26.2000, from Ross G. Barber & Linda A. Barber, to the
Carlsbad Municipal Water District, is hereby accepted by the Board of Directors of
the Carlsbad Municipal Water District, California, pursuant to Resolution 1106,
adopted on October 17,2000, and the grantee consents to the recordation thereof by
its duly authorized officer.
DATED: _ December 4, 2000
OOD, SECRETARY