Loading...
HomeMy WebLinkAbout2002-06-18; City Council; 16795; Approval of Storm Drain Easement to EncinitasCITY OF CARLSBAD -AGENDA BILL AB# 16,795 CITY ATTY. CITIES OF ENClNlTAS AND CARLSBAD MTG. 6/18/02 m: APPROVAL OF A STORM DRAIN EASEMENT TO THE CITY OF ENClNlTAS FOR THE BENEFIT OF THE DEPT. HDL' ' DEPT. CA Adopt Resolution No. 2002-178 approving a storm drain easement to the City of Encinitas, which easement will benefit both the Cities of Encinitas and Carlsbad. ITEM EXPLANATION: The City of Encinitas has formally requested a storm drain easement from the City of Carlsbad to accommodate placement of a storm drain system underneath a portion of Carlsbad Boulevard. The storm drain system will benefit both the cities of Encinitas and Carlsbad by collecting runoff along Highway 101 and Carlsbad Boulevard. The City of Encinitas will install, operate and maintain the storm drain system, at its own risk and expense, along, west of, and east of Highway 101, beginning at Athena Street and extending through to La Costa Avenue. An existing catch basin west of Carlsbad Boulevard, at Carlsbad State Beach, will be connected to this new storm drain. This catch basin collects runoff from Carlsbad Boulevard near Carlsbad's southern City limits. The storm drain system will affect approximately 3423 square feet of Carlsbad Boulevard south of La Costa Avenue. An overflow pipe will be installed at Carlsbad State Beach, which will help prevent flooding on Carlsbad Boulevard due to overflow from the detention basins at Carlsbad State Beach during larger storm events. Finally, a combination of oil/water separators, new landscaping at the storm drain outlet, and an outlet structure which will trap sedimentation and trash, will help improve water quality at the discharge point at Carlsbad State Beach, and will satisfy NPDES requirements. FISCAL IMPACT: Because the City of Carlsbad owns the parcel of land burdened by the storm drain easement there is no fiscal impact on the City from the recommended action. ENVIRONMENTAL REVIEW: In early 1999, the City of Encinitas prepared an Initial Study, and routed plans through the State Clearinghouse. The review period for State Agencies closed on May 14, 1999 without any comments from the State Agencies. On June 9, 1999, the City Council of the City of Encinitas adopted a Negative Declaration for the project. The City of Encinitas has obtained all of the necessary permits for the project. EXHIBITS: 1. Resolution No. 2002-178 2. Storm Drain Easement RESOLUTION NO. 2002-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A STORM DRAIN EASEMENT TO THE CITY OF ENClNlTAS AND FOR THE BENEFIT OF THE CITIES OF ENClNlTAS AND CARLSBAD WHEREAS, the City of Encinitas has formally requested that the City of Carlsbad grant the City of Encinitas a Storm Drain easement that would allow the City of Encinitas to install a storm drain system through a parcel of land owned by the City of Carlsbad; and WHEREAS, the storm drain system the City of Encinitas is installing, operating and maintaining at its own risk and expense, will benefit both the Cities of Encinitas and Carlsbad by collecting runoff along Highway IO1 and Carlsbad Boulevard, and preventing flooding on Carlsbad Boulevard due to overflow from the detention basins at Carlsbad State Beach during larger storm events and; WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary and in the public interest to grant a Storm Drain easement to the City of Encinitas for installation of storm drain improvements along Carlsbad Boulevard near Carlsbad’s southern City boundary. 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 Storm Drain easement is hereby granted to the City of Encinitas for the purpose described therein. 3. That the City Clerk of the City of Carlsbad is authorized to sign the attached Storm Drain easement on behalf of the City Council. 1 2 3 4 5 6 7 3 3 1 1 2 3 1 1 1 1 1 1 1 PASSED, APPROVED .AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 18th day of JUNE , 2002 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None ABSENT: None ., ATTEST: ,.” -“kRAl E M. WOOD, City Clerk (SEAL) n Page 2 of 2 of Resolution No. 2002-178 1 3 RECORDING REQUESTED BY WHEN RECORDED MAIL TO Clly Clerk CITY OF CARLSBAD THE ORIGIM THIS wwE%HT UElSRECDRDEDONJUN28,20M T NUllBER 2002-0550707 GREW J. SMITH, WW REWRDER SAN DIEGO COUNTY REMRDER'S OFFICE TIME: 421 F11 1200 Carlsbad Village Drive Carlsbad, CA 92008 Space Above This Line is for Recorder's Use Assessor's Parcel No: 21 6-04 STORM DRAIN EASEMENT The City of Carlsbad hereby grants to the City of Encinitas a Storm Drain easement for the purposes stated hereon; over, under, across and upon the real property described in Exhibit "A for the benefit of the property referred to in Exhibit "C. This easement is granted to the City of Encinitas effective immediately and in perpetuity. The property burdened by the Storm Drain easement is described in Exhibit "A, which includes a plat labeled Exhibit "B", and is attached hereto and incorporated herein by this reference. The property benefited by the Storm Drain easement is described in Exhibit "C", which is attached hereto and incorporated herein by this reference. The Storm Drain easement provides access to the parcel described in Exhibit "A" to the City of Encinitas for installation of a storm drain which will serve the Cities of Carlsbad and Encinitas. The storm drain will run over, under, across and upon the burdened property for the benefit of the property benefited and any successors in interest to the property benefited by this Storm Drain easement. The storm drain will drain areas west of Highway 101 from Athena Street to Carlsbad State Beach, a North County Transit District right of way in Northern Encinitas, Highway 101/Carlsbad Boulevard from Athena Street to Carlsbad State Beach, Vulcan Avenue from Orpheus Avenue to Basil Street, and areas east of Vulcan Avenue. This Storm Drain easement shall run with the land, and the burdens of the easement shall be binding upon and the benefits of the easement shall inure to the benefit of all successors in interest to the real property. The City of Encinitas shall, at its own risk and expense, install, maintain and, if necessary at any time, upon the request of the City of Carlsbad, relocate the above-described storm drain facilities. The City of Encinitas shall, in addition, 16,795 6/18/02 #4 indemnify and hold the City of Carlsbad free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the storm drain facilities, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of any person. Dated: June 24, 2002 APPROVED AS TO FORM: RONALD R. BALL tant City Clerk 5 . May-28-02 07:ZBam From- T-OR8 P.002/006 F-894 LEGAL DESCRIPTIW EXEIBIT "A" ASSESSOR'S PARCEL NUMBER: 216-04 VESTING: THE CITY OF CARLSBAD THAT PORTION OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN' DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: SAID PORTION LYING WITHIN THE RIGHT-OF-WAY OF CARLSBAD BOULm 8 OF 29 APPROVED DECEMBER 26, 1933, COMMENCING AT A POINT ON THE CENTER LINE OF COAST HIGHWAY 101, SAID POINT BEING A POINT ON A CURVE OF THE "B" LINE AT ENGINEERING STATION 132+00 PER SAID STATE HIGHWAY PLANS, FROM SAID POINT A RADIAL LINE BEARS SOUTH 66009'39" WEST (SOUTH 650 29'47" REC.); THENCE ALONG SAID RADm LINE 50.00 (OLD HIGHWAY 101) AS SHOWN ON STATE HIGHWAY PLANS XI-SD-2-B SHEET HIGHWAY 101 PER SAID HIGHWAY PLANS; THENCE ALONG SAID RIGHT-OF-WAY FEET TO AN ANGLE POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COAST NORTH 34O4lf56" WEST 679.28 FEET (NORTH 35021'48'' WEST 679.28 FEET REC. ) ; THENCE NORTH 43 04'58" WEST 30.47 FEET (NORTH 43044'50'' WEST REC. ) BEING THE INTERSECTION OF THE SOUTHERLY CITY LIMITS OF THE CITY OF CARLSBAD AND THE WESTEFLY RIGHT-OF-WAY OF CARISBAD BOULEVARD BEING THE TWJE POINT OF mGmG; THENCE CONTINUING ALONG SAID RIGHT-OF WAY NORTH 430 04'58" WEST (NORTH 430 44'50" WEST REC.) 64.30 FEET THENCE LEAVING SAID RIGHT-OF-WAY NORTH 42043' 08" EAST 13.66 FEET; THENCE SOUTH 47016'52" EAST 66.05 FEET TO A POINT ON THE SOUTHERLY CITY LIMITS OF THE CITY OF CWSBFLD; THENCE SOUTH 480 41'50" WEST 18.47 FEET ALONG SAID CITY LIMITS TO A BEGINNING. POINT ON SAID WESTERLY RIGHT-OF-WAY AND THE TRUE POINT OF HAVING AN AREA OF 1,045 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B" . THIS LEGAL DESCRIPTION AND PIAT WERE PREPARED BY ME 'OR UNDER My DIRECTION. EXBIBIT "A" LEGAL DESCRIPTION ASSESSOR'S PARCEL NUMBER: 216-04 VESTING: THE CITY OF CARLSBAD THAT PORTION OF LOT 20, SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO' STATE OF CATJFORNIA DESCRIBED AS FOLLOWS: A STRIP OF LAND 20 -00 FEET IN WIDTH LYING WITHIN THE RIGHT-OF-WAY OF CARLSBAD BOULESARD (OLD HIGHWAY 101) AS SHOWN ON STATE HIGHWAY COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SAID 20.00 PLANS FOR XI-SD-2-B SHEET 8 OF 29 APPROVED DECCMBER 26, 1933, FOOT STRIP OF LAND AND THE CENTERLINE OF CAFZSBAD BOULEVARD PER SAID STATE HIGHWAY PLAN, SAID POINT OF INTERSECTION BEING A POINT ON A CURVE OF SAID CENTERLINE OF cARLS3AD BOULLEVARD AT EGINEERING STATION 147+84.39 TO WHICH POINT A RADIAL LINE BEARS SOUTH 53O27'01" WEST (52'47'09'' CALC. REC. 1 ; THENCE ALONG THE CENTERLINE OF SAID 20.00 FOOT STRIP OF LAND SOUTH 35027' 30" WEST 60.29 FEET TO THE TRUE POINT OF BEGINHING; THENCE RETRACING ALONG LAST DESCRIBED COURSE NORTH 35027' 30" EAST 118.88 FEET TO A POINT OF TERMINUS. HAVING AN AREA OF 2,378 SQUARE FEET MORE OR LESS - ATTACHED HERETO AND MADE A PART OF THIS LaGAL DESCRIPTION IS A PLAT LABELED MHIBIT "B". THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER My DIRECTION. EXHIBIT "B" EXHIBIT “C” The benefited property for the storm drain project is the City of Encinitas, a municipal corporation, and the City of Carlsbad, a municipal corporation.