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Home My WebLink About2001-04-03; City Council; 16134; Agua Hedionda Interceptor SewerCITY OF CARLSBAD -AGENDA BILL iB# i&)3? APPROVE AND AUTHORIZE ACQUISITION OF TITLE: EASEMENT FROM RANCH0 CARLSBAD PARTNERS, IITG. 04/03/o 1 APN NOS. 209-060-10, AND 14, FOR SOUTH AGUA HEDIONDA INTERCEPTOR SEWER REACH SAHTl E IEPT. ENG CITY PROJECT NO.38281 RECOMMENDED ACTION: Adopt Resolution No. 2001 - cf ‘7 to approve and authorize acquisition of easement from Ranch0 Carlsbad Partners, APN Nos. 209-060-10, and 14, for South Agua Hedionda Interceptor Sewer Reach SAHTI E, City Project No. 38281, CMWD Project No. 92-406. 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. Ranch0 Carlsbad Partners owns the equestrian area property south of the Ranch0 Carlsbad Golf Course 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 Ranch0 Carlsbad Partners, will be within a 25foot wide permanent easement and a construction easement running in parallel on one side of the permanent easement. The City has made an offer to Ranch0 Carlsbad Partners to acquire the permanent and temporary easements for the total amount of $22,367. Ranch0 Carlsbad Partners has agreed to the amount and has signed the grant deed for the easements. 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. FISCAL IMPACT: The total cost for the easements is $22,367. 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 overall project cost estimates and funding sources at a later date. EXHIBITS: 1. Location Map for Reach SAHTI E. 2. Grant deed for 25foot wide easement from Ranch0 Carlsbad Partners, APN Nos. 209-060-10, 11 and 14. 3. Resolution No. 3 00 1 - 9 7 t o approve and authorize acquisition of easement from Ranch0 Carlsbad Partners on South Agua Hedionda Interceptor Sewer Reach SAHTI E. FUTURE SAHTlE NOJ JO SCALE w cm OF 0 PROJEC SITE PROJECT NAME PROJECT EXHIBIT SAHTIE SEWER EASEMENT AND TEMPORARY CONSTRUCTION NUMBER EASEMENT FROM RANCH0 CARLSBAD PARTNERS 92-406 I B/19/00 C. \CAPITAl \PLUMMER\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 Please record this document at no fee as it is to the benefit of the City (Gov. Code [6103]). The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 Space above this line for Recorder’s use. Assessor’s Parcel No.: ,209-080-10, & 14 Project No. & Name: CP 35831, CMWD 92-408 PARCEL 3, ( ) computed on full value of property conveyed, or 18 INCH SOUTH AGUA HEDIONDA INTERCEPTOR SEWER PIPELINE SAHTIE PARCEL MAP # 17985 ( ) 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. CITY OF CARLSBAD LUMMER, Deputy City Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT RANCH0 CARLSBAD PARTNERS, a California general partnership 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 include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. Eng\Word\Maslers\Fors\Grant Deed of Wastewater Pipeline Easement 08/17/98 Rev 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. Parcels described as ‘Temporary Construction Easement” in Exhibit “A” and Exhibit “B” shall be temporary for construction purpose and shall terminate upon the City’s filing of the “Notice of Completion” in the office of the San Diego Recorder. Executed by the Grantor this GRANTOR: CARLSBERG RANCHO, LTD., a California limited partnership By: Carisberg Mobile Home Properties, inc., _, -.. BROOKVALE TERRACE BUILDING COMPANY, a California limited partnership OAK SHADOWS BUILDING COMPANY, a California limited partnership By: Carlsberg Rancho, Ltd., A California limited partnership, Its Attorney-In-Fact By: Carlsberg Mobile Home Properties, ~JI& By: Carisberg Rancho, Ltd., a California limited partnership, Its Attorney-in-Fact By: Carisberg Mobile Home Properties, in A California corporation, Its: (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.) APPROVE AS TO FORM: I3 RONALD R. ALL City Attorney 1 l By: - 3 lx DAMlEa B. BROWER, Deputy City Attorney Eng\WordlMasters\Forms\Grant Deed of Wastewater Pipeline Easement 060 7198 Rev 2 State of California before me, +llQLAAl~;‘r personally appeared 4 J; !kh r* tifl &l&~ 6 PA &ti, Jd IGNERG) 0 personally known to me - OR - mproved to me on the basis of satisfactory evidence to be the person 1”1 whose name Pf is/‘ubscribed to the wi hin instrument and acknowledged to me that he/she&b+ executed the same in his/h&&&r autho’rized capacity- and that by his/w a --.-.-_- Comm.#1239601 q signaturesCez/on the instrument the person@&’ NOTARY PUBLIC-CALIFORNIA 0 or the entity upon behalf of which the u San Disga Countv person@+‘acted, executed the instrument. WITNRSS my hand and official seal. OPTIONAL INFORMTION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITYCLAIMED BYSIGNER(PRINCIPAL) DESCRIPTIONOFATTACHEDDOCUMENT q INDIVIDUAL TnLMS) 0 PARTNER(S) cl ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 1 DATE Of$lOCUhtEfiT LItI/ 0 OTHER: O-I-HER 1 SIGNER IS REPRESENTING: RIGHT THUMBPRINT E NAME OF PERSON(S) OR ENTITYCIES) OF np 5 SIGNER 5 B APA 5199 VALLEY-SIERRA, 800-362-3369 1529 Public Sewer Easement 7-23-99 1 of 1 EXHIBIT “A” (Carl&erg Ranch0 Ltd.) An casement for public sewer mains, appurtenances and utility purposes over, under, along and across a portion of Lots B of the Ranch0 Agua Hedionda, in the City of Carl&ad, 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: Beginning at the intersection of the centerline of College Boulevard (102.00 feet wide) as dedicated on Map No. 11242, filed in the Offke of the County Recorder of said County on May 23,1985, with the boundary of said Map No. 11242; thence along the boundary of said Map No. 11242 North 67°09’Ol” West 15.00 feet; thence leaving said boundary North 22’49’22” East, 7.62 feet; thence North 60°12’OO” West, 184.45 feet to the boundary of said Map No. 11242 and a point in the arc of a 40.00 foot radius curve concave Southwesterly, a radial line to said point bears South 81”29’09” East; thence along said boundary Northerly and Northwesterly along the arc of said curve through a central angle of 23”57’51” a distance of 16.73 feet to a point in the arc of said curve to which a radial line hears North 74°33’OO” East ; thence leaving said curve and continuing along the boundary of said Map No. 11242 North 25”47’5 1 )t East, 14.32 feet ; thence continuing along said houndary North 63”55’01” West, 279.81 feet ; thence continuing along said boundary North 76”17’38” West, 242.05 feet; thence leaving said boundary North 70°37*OO” West, 204.23 feet to the Westerly boundary of the 70.50 Acre Tract as shown on Record of Survey No. 517, on file in the Office of the County Recorder of said County; thence along said Westerly boundary North 13”26’40” East, 30.16 feet; thence leaving said boundary South 70°37’OO” East, 405.37 feet; thence South 64°07’OO” East, 318.52 feet; thence South 60”12’00” East, 225.79 feet; thence South 22”49’22” West, 34.19 feet to the boundary of said Map No. 11242; thence along said boundary North 67”09’01” West 15.00 feet to the Point of Beginning. Said easement contains 17,642 square feet. . 12 T-VC- A strip of land lying 10.00 feet each side of, measured at right angles, and parallel with the above described Parcel 1. This legal description and plat attached hereto by me or under my direction. License expires Sept. 30,2002 and made a Part of spared !“. “x f-b ;” ‘- -2 r PLAT TO ILLUSTRATE SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEM d=23'57'51" L=16.73’ GRAPHIC SCALE T-- F$!ijJg C.M.W.D. 92-406 DEDICATED ON MAP NO. 11 242~+b~~~~$+ A.P.N. 209-060-l 0 & 14 n MANITOU ENGtNEERlNG COMPANY I PUNNING - CONSULTING ENGINEERING * SURVEYING 350 MST IuNnl AC. sum ‘8’. EfCoNPKm. CA 92025 tcaPnrJ*c (760) 141-9921 I EN7 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated Januarv 9.2001, from Ranch0 Carlsbad Partners. a California general nartnershin, 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 authorised officer. (Q./c! DATED. JANICE BREITEbfFELD, Deputy City Clerk 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE ACQUISITION OF EASEMENT FROM RANCH0 CARLSBAD PARTNERS FOR THE SOUTH AGUA HEDIONDA INTERCEPTOR SEWER REACH SAHTIE, APN NOS. 209-060-10, AND 14, CITY PROJECT N0.38281, CMWD PROJECT NO. 92-406. WHEREAS, the City of Carlsbad has designed Reach SAHTIE of the South Agua Hedionda Interceptor Sewer; and WHEREAS, the sewer pipeline for Reach SAHTIE is located in private property owned by Ranch0 Carlsbad Partners; 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 Partners the total sum of $22,367 for the permanent and temporary construction easements, and Ranch0 Carlsbad Partners 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 I// I// Iti Ill 1 2 3 4 IO 11 12 13 16 17 18 19 20 21 22 23 24 25 26 27 26 3. That payment in the total amount of $22,367 be authorized and paid to Ranch0 Carlsbad Partners from the project account after recordation of the easements with the County Recorders Office. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 3rd day of April , 2000 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall. 9 . . 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: f EXEMPT :\p Please record this document at no fee as it is to the benefit of the City (Gov. Q Code [6103]). 543g DE # 2001-0221300 Am- IL 2001 II:27 AM oFF1c1AL Man-as SAN DIEGO COUNTY RECIXDER’S OFFICE fiRm?RY J: !iHITti~ LiMuY REclI!mR FEES: 0.00 DC: )(A I Space above this line for Recorder’s use. F he undersigned grantor(s) declare(s): I % \li ocumentary transfer tax is $ 0.00 v () computed on full value of property conveyed, or ( ) computed on full value less value of liens and Assessor’s Parcel No.: 209-060-10, & 14 Project No. & Name: CP 36631, CMWD 92406 PARCEL 3, 18 INCH SOUTH AGUA HEDIONDA INTERCEPTOR SEWER PIPELINE SAHTIE PARCEL MAP # 17985 encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CITY OF CARLSBAD ~~;~;&yl~,;~ 4 DAfqqqmm WILLIAM E. PLUMMER, Deputy City Engineer GRANT DEED OF WASTEWATER PIPELINE EASEMENT RANCH0 CARLSBAD PARTNERS, a California general partnership 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 include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. Eng\WordVAasters\Forms\Grant Deed of Wastewater Pipeline Easement 08/l 7198 Rev 1 f-+3 &,\3q Cl- f-0, / I.- ” . 5440 . 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 “6” attached hereto and by this reference made a part hereof. Parcels described as “Temporary Construction Easement” in Exhibit “A” and Exhibit “B” shall be temporary for construction purpose and shall terminate upon the City’s filing of the “Notice of Completion” in the office of the San Diego Recorder. Executed by the Grantor this GRANTOR: CARLSBERG RANCHO, LTD., a Californla limited partnership By: Carlsberg Mobile Home Properties, Inc., A California corporation, Its General Partner /7 I /y/ 4 /4 ;;7; , k.. .,fl’ By:.; i !’ ,.; ,... 2 i i , ‘1 _ _ ( / : ,- c Its .(I;, A ‘r, /--: BROOKVALE TERRACE BUILDING COMPANY, a California limited partnership OAK SHADOWS BUILDING COMPANY, a California limited partnership By: Carlsberg Rancho, Ltd., A California limited partnership, Its Attorney-In-Fact By: Carlsberg Mobile Home Properties, Inc. : A California corporation, 1 By: Carlsberg Rancho, Ltd., a Californla limited partnership, Its Attorney-In-Fact By: Carlsberg Mobile Horn6 Properties, Inc., A California corporation, Its General Partnes ,,-. (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.) Eng\WordlMasters\Fors\Grant Deed of Wastewater Pipeline Easement 00ll?l90 Rev 2 5441 ALL-PURPOSE ACKNOWLEDGEMENT State of California *r&m > ss. County of ,!?A On cYYAnudr49 4. &3dl before me, c 1MTF.I I IQ&&Ac=‘T ,&!?@MLE * personally appeared /II,’ IL;Sr ulrAR&n 6 PA le*, J& 0 personally known to me - OR - O/proved to me on the basis of satisfactory evidence to be the person i”l whose namefl is/a&subscribed to the wi hin instrument and acknowledged to me that he/sh&h.q executed the same in his&&+-I&r autho\rized capacity&+++, and that by his/w signatureswon the instrument the personQ&^ or the entity upon behalf of which the person(&Yacted, executed the instrument. WITN$$3S my hand and official seal. OPTIONAL INFORhATION The inlkmation below is not required by law. Hoh,ever. it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITYCLAIMED BYSIGNER (PRINCIPAL) DESCRIPTIONOFATTACHED DOCUMENT INDIVIDUAL 0 PARTNER(S) cl ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: e &&..&&~~,/u~ NUMBER OF PAGES I D.ATE O@kKUtiEh’T ad! OTHER $ SIGSER IS REPRESENTING: RIGHT THUMBPRINT g ‘x-ZLlf-. OF PERSDMSI OR ENTITY~ If-S, OF 8 L s SIGNER ?c 5 E APA 5/w VALLEY-SIERRA. XIYI-36’-33% 0 5442 1529 Public Sewer Easement 7-23-99 1 of 1 EXHIBIT “A” (Carl&erg Ranch0 Ltd.) An easement for public sewer mains, appurtenances and utility purposes over, under, along and across a portion of Lots B of the Ranch0 Agua Hedionda, in the City of Carl&ad, 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: Beginning at the intersection of the centerline of College Boulevard (102.00 feet wide) as dedicated on Map No. 11242, filed in the Office of the County Recorder of said County on May 23,1985, with the boundary of said Map No. 11242; thence along the boundary of said Map No. 11242 North 67*09’01” West 15.00 feet; thence leaving said boundary North 22*49’22” East, 7.62 feet; thence North 60*12’00” West, 184.45 feet to the boundary of said Map No. 11242 and a point in the arc of a 40.00 foot radius curve concave Southwesterly, a radial line to said point bears South 81*29’09” East; thence along said boundary Northerly and Northwesterly along the arc of said curve through a central angle of 23”57’51” a distance of 16.73 feet to a point in the arc of said curve to which a radial line bears North 74*33’00” East ; thence leaving said curve and continuing along the boundary of said Map No. 11242 North 25”47’51” East, 14.32 feet ; thence continuing along said boundary North 63’55’01” West, 279.81 feet ; thence continuing along said boundary North 76’17’38” West, 242.05 feet; thence leaving said boundary North 70*37’00” West, 204.23 feet to the Westerly boundary of the 70.50 Acre Tract as shown on Record of Survey No. 517, on file in the Office of the County Recorder of said County; thence along said Westerly boundary North 13*26’40” East, 30.16 feet; thence leaving said boundary South 70*37’00” East, 405.37 feet; thence South 64*07’00” East, 318.52 feet; thence South 60”12’00” East, 225.79 feet; thence South 22’49’22” West, 34.19 feet to the boundary of said Map No. 11242; thence along said boundary North 67*09’01” West 15.00 feet to the Point of Beginning. Said casement contains 17,642 square feet. . 2 TM A strip of land lying 10.00 feet each side of, measured at right angles, and parallel with the above described Parcel 1. This legal description and plat attached hereto by me or under my direction. - L&AL2 -Q-dLYu~ - Francis W. Fit&&k L. S. 4539 and made a part of this dyzumunt were prepared ..- - -- License expires-Sept. 30,2002 5443 . PLAT TO ILLUSTRATE N 13’26’40”E - S&ii ------ 3 EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT -----_ d=23’57’51” L= 16.7 --l-l, hl I_\, TO IHL LUKV! L-5.453== 0 100 200 300 400 GRAPHIC SCALE DEDICATED ON MAP NO. 11242 C.M.W.D. 92-406 A.P.N. 209-060-I 0 & 14 n MANITOU ENGINEERING COMPANY I PLANNING - CONSULTING ENGINEERING * SURVEYING 3e.J WrsI w* AK. sum -8: cscwm. u DfOIl -E p.cq 1*r-s92l /iESVROl\DATA\1529\1529,P02D 5444 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated Januarv 9.2001, from Ranch0 Carlsbad Partners. a California peneral nartnershin, 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. ‘-3 i’ h/r / L j& (-z &I& c / JANICE BREITENFELD, Deputy City Clerk