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HomeMy WebLinkAbout2010-08-24; City Council; 20346; Easement Aquatic Center Driveway to CUSDCITY OF CARLSBAD - AGENDA BILL 20.346AB# MTG. 8/24/10 DEPT.CED APPROVE THE DEDICATION OF A UTILITY MAINTENANCE ACCESS EASEMENT LOCATED WITHIN THE AQUATIC CENTER DRIVEWAY TO CARLSBAD UNIFIED SCHOOL DISTRICT PR 10-23 DEPT. CITY ATTY CITY MGR.U^' RECOMMENDED ACTION: Adopt Resolution No. 2010-216 approving the dedication of a utility maintenance access easement located within the Aquatic Center driveway to Carlsbad Unified School District (CUSD) for CUSD utility maintenance access purposes. ITEM EXPLANATION: Carlsbad Unified School District is currently undertaking a modernization of the existing Carlsbad High School located at 3557 Lancer Way. The project includes a major renovation of existing facilities including new classroom and educational buildings to be located south of the city Aquatic Center. CUSD is requesting a utility maintenance access easement located within the Aquatic Center driveway to allow CUSD utility maintenance vehicles occasional access to CUSD facilities located adjacent and southeast of the city Aquatic Center. In turn, CUSD is providing access on its property to the city Aquatic Center to enter and maintain City property on the south side of the pool site. ENVIRONMENTAL IMPACT: The proposed dedication of a utility maintenance access easement does not qualify as a "project" under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or reasonable foreseeable indirect physical change in the environment. FISCAL IMPACT: The item has no fiscal impact to the city. The utility maintenance access easement will be granted to CUSD for no fee cost acquisition. CUSD has paid the standard fee for processing this access easement. EXHIBITS: 1. Resolution No.2010-216 to approve the dedication of a utility maintenance access easement to Carlsbad Unified School District located within the Aquatic Center driveway for utility maintenance access purposes, PR 10-23. 2. Location map. 3. Easement Deed (PR 10-23). DEPARTMENT CONTACT: Tecla Levy 760-602-2733 tecla.levv(a).carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL/BOARD ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED .fer CONTINUED TO DATE SPECIFIC D 'D CONTINUED TO DATE UNKNOWN D D RETURNED TO STAFF D D OTHER-SEE MINUTES D O 1 RESOLUTION NO. 2010-216 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AUTHORIZING DEDICATION OF A UTILITY MAINTENANCE ACCESS EASEMENT, PR 10-23 4 5 7 8 9 10 11 12 13 WHEREAS, Carlsbad Unified School District (CUSD) desires to provide adequate facilities for its students; and WHEREAS, CUSD has requested a utility maintenance access easement; and WHEREAS, CUSD has paid the standard fee for processing this access easement; and WHEREAS, the City of Carlsbad (City) desires to provide adequate facilities to the entire community; and 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. 14 2. That the Utility Maintenance Access Easement Deed (PR 10-23), which is on file with the City Clerk and is incorporated by this reference, is approved. 16 3. That the Mayor is authorized to execute the utility maintenance access easement deed and the City Clerk is hereby authorized to record said document. 18 /// 19 20 21 22 23 24 25 26 27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of August, 2010, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. ATTEST: LORRAINE (SEAL) LOCATION PROJECT NAME CARLSBAD UNIFIED SCHOOL DISTRICT ACCESS EASEMENT PROJECT NUMBER PR10-23 DRAW BY: SCOTT EVANS, CARLSBAD UT1UT1ES DLPT. 7/13/10 C: \DEVELOPUENT PROJECTS\PR\PR10-23.DWG RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: Carlsbad Unified School District 6225 El Camino Real Carlsbad, CA 92009 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declarers): Documentary transfer tax is $0.00 ty- ( ) 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.: Project ID: Related Project ID: Related Project ID: Project Name: 205-140-36 PD 08-06 PR 10-23 Carlsbad High School Modernization GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, a municipal corporation of the State of California the owner of real property described herein located in the City of Carlsbad, San Diego County, California hereby GRANTS to Carlsbad Unified School District, a political subdivision of the State of California the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for UTILITY MAINTENANCE ACCESS PURPOSES over, under, upon and across said real property as described in Exhibit "A", attached hereto and made a part hereof. Exhibit "B" is attached for clarity only. /^] DATED (NOTARIAL ACKNOWLEDGMENT OWNER(S) MUST BE ATTACHED.) OF EXECUTION BY (Sign Claude A. Lewis (Print Name Here) Mayor T } /(SjtfnM Karen R. Kundtz NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Print Name Here) Assistant City Clerk (Tie) EXHIBIT A LEGAL DESCRIPTION ACCESS EASEMENT TO DISTRICT PR 10-23 ALL THAT PORTION OF TRACT 248 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 9, 1915, DESCRIBED MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 248, ALSO BEING THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY OF BASSWOOD AVENUE, BEING 60 FEET IN WIDTH, WITH THE WESTERLY RIGHT-OF-WAY OF MONROE STREET, BEING 60 FEET IN WIDTH; THENCE SOUTH 28°39'00" EAST 810.68 FEET ALONG THE EAST LINE OF SAID TRACT 248 TO THE NORTH LINE OF PARCEL "C" AS DESCRIBED IN A DEED TO THE CARLSBAD UNIFIED SCHOOL DISTRICT RECORDED ON JULY 18, 1990 AS DOCUMENT NO. 90-388670, AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTH LINE SOUTH 6r21'00" WEST 57.75 FEET TO THE POINT OF CUSP OF A 10.00 FOOT RADIUS CURVE CONCAVE TO THE WEST TO WHICH A RADIAL BEARS SOUTH 28°39'00" EAST; THENCE LEAVING SAID LINE AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE 15.71 FEET THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE NORTH 28°39'00" WEST 248.64 FEET TO THE BEGINNING OF A 15.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 23.56 FEET THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE NORTH 61°21'00" EAST 32.75 FEET TO SAID WESTERLY RIGHT-OF- Pagelof2 WAY; THENCE SOUTH 28°39'00" EAST 20.00 FEET ALONG SAID WESTERLY RIGHT-OF-WAY; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY SOUTH 6F21'00" WEST 19.75 FEET; TO THE BEGINNING OF A 10.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE SOUTH WESTERLY ALONG THE ARC OF SAID CURVE 15.71 FEET THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE SOUTH 28°39'00" EAST 209.16 FEET; TO THE BEGINNING OF A 10.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE 15.71 FEET THROUGH A CENTRAL ANGLE OF 90°00'00"; THENCE NORTH 61021'00" EAST 19.75 FEET TO SAID WESTERLY RIGHT-OF-WAY; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY SOUTH 28°39'00" EAST 24.48 FEET; TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 0.14 ACRES MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED "EXHIBIT B" THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT. SIGNATURE DATE Page 2 of 2 PAUL E. GOEBEL>LS 8486 07/20/2010 N6r21'00"E 32.75' 2 g B <s 5 en S 8 i £ "S61 ^o'sg-w PARCEL "C" OF DEED DOC. 90-388670 REC. JULY 18, 1990 DETAIL SCALE: 1"=50' YZZA EXHIBIT B PR 10-23 NX- SCALE: T H U M LANDS N.E. CORNER-^ TRACT 248 (POINT OF COMMENCEMENT) 1"= 200' 60'- / CURVE TABLE CURVE Cl C2 C3 C4 LENGTH 15.71 23.56 15.71 15.71 RADIUS 10.00' 15.00' 10.00' 10.00' DELTA 90*00'00' 90*00'00* 90*00'00' 90*00'00' PARCEL A" OF CERTIRCATE OF COMPLIANCE DOC. 2009-0397884 REC. JULY 20, 2009 (SEE DETAIL) ^ PARCEL "C" OF DEED DOC. 90-388670 REC. JULY 18, 1990 TRACT 2481 TRACT 8PH INDICATES PROPOSED ACCESS EASEMENT 6265 S.F. +/- VICINITY MAP NOT TO SCALE CORNERSTCXNE INC. 208 OAK STREET 717 PIER VIEW WAY BAKERSFIELD. CA 93304 OCEANSIDE. CA 92054 TEL (661 )325-9474 TEL (760)722-3495 CONSULTING CIVIL ENGINEERING AND LAND SURVEYINGwww.comeratoneeng.com CARLSBAD UNIFIED SCHOOL DISTRICT APN: 205-140-36 DATE: JULY 20, 2010 SHEET 1 OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Couny of On _^]9l II^before me, personally appeared 4 Q /V. Y Here Insert Name and Tjjlje ol trie Qo^g^L. Name(s) of Slgner(s) ISHERRY A. FREIWNGW Commlwlon* 17270*4 Notary Public - CoWomta | •*•" 01*90 County 1 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(sf whose namp(s) is/ate subscribed to the within instrument and acknowledged to me that he/sjrfe/theV executed the same in his/h^r/th^ir authorized capacity(iesl and that by his/her/trjeir signature^) on the instrument the person(sfr, or the entity upon behalf of which the person^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h Signatur OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: l^?ZL/iiT Document Date: k . Number of Pages:. 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