HomeMy WebLinkAbout1998-05-05; Municipal Water District; 413; Black Rail Road Street ImprovementsCARLSBAD MUNIChi& WATER DISTRICT - AGENDA BILL
AB# = TITLE: APPROVAL A EXECUTION OF A GRANT DEED DEPT. HD.
OF EASEMENT FOR RI T-OF-WAY FOR PUBLIC STREET MTG. 05/05/98 T AND PUBLIC UTILITY P RPOSES FOR BLACK RAIL ROAD ‘lTY ATTY
DEPT. CMWD STREET IMPROVEMENTS, CMWD PROJECT NO. 82-302 CITY MGR.
RECOMMENDED ACTION: /
Adopt Resolution No. /of5 for approval and execution of a grant deed of easement for
right-of-way for public street and public utility purposes for Black Rail Road Street
Improvements, CMWD Project No. 82-302.
This project involves a grant deed of right-of-way for public street and public utility purposes
together with the right to extend excavation and embankment slopes beyond the limits of
said right of way over, under, upon and across a portion of District’s said real property of “D”
Reservoir site for the Black Rail Road Street Improvements. The original survey for the road
improvements contained a miscalculation. Upon completion of the correction of the survey, it
was found that a portion of the Black Rail Road traversed a portion of the Districts “D”
Reservoir site as described in the easement Exhibit “A”.
The CMWD engineering staff has reviewed the request and is in agreement with the City of
Carlsbad’s resolution that a grant deed of easement would be the most cost effective option
for completion of the Black Rail Road Street Improvements. The staff recommends the grant
deed of easement be approved and executed.
ENVIRONMENTAL IMPACT:
The Planning Director has determined that the proposed project in within the scope of the
Program EIR for the Zone 20 Specific Plan and in therefore in Prior Compliance with respect
to CEQA. The project will have no new significant effects not analyzed as significant in the
previous EIR, and none of the circumstances requiring a Subsequent EIR exist. A Notice of
Determination will be filed following project approval.
FISCAL IMPACT:
None.
EXHIBITS:
1. Location Map.
2. Grant Deed of Easement.
3. Resolution No. 10 1s for approval and execution of a grant deed of easement for
right-of-way for public street and public utility purposes for Black Rail Road Street
Improvements, CMWD Project No. 82-302.
LOCATION MAP
PROJECT NAME:
BLACK RAIL ROAD STREET IMPROVEMENTS
Project No. Exhibit No.
82-302 I
RECORDING REQUESTED BY
Carlsbad Municipal Water District
AND WHEN RECORDED, PLEASE MAIL TO: City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 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): Assessor’s Parcel No. 215-080-05 Documentary transfer tax is $ 00.0 Project No. & Name 82-302. PR 3.4.284. CT 84-32(A).
Space above this line for Recorder’s Use.
( ) 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.
COBBLESTONE
CARLSBAD MUNICIPAL WATER DISTRICT
dp&-
MER, P.E., District Engineer
GRANT DEED OF EASEMENT
CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Corporation, for a valuable consideration receipt of which is
hereby acknowledged, does hereby grant to the CITY OF CARLSBAD, a Municipal Corporation, the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for public street and public
utility purposes, together with the right to extend excavation and embankment slopes beyond the limits of said right of way
over, under, upon and across said real property as described in Exhibit “A” consisting of two pages, attached hereto and made a part hereof. Exhibit “B” consisting of one page is attached for clarity only.
Executed on /i’ ,4 t’ 1 1 I CARLSBAD MUNICIPAL WATER DISTRICT,
19$8,at Carlsbad, California a Municipal Corporation,
RAMONA FINNILA, Vice-President
APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL
BY
ATTEST:
3 z! nna ALETHA L. RAUTENKRANZ, Secretary
(Notarial acknowledgement of execution of Grantor must be attached.)
1 03/24/97 Rev.
State of California I
County of San3;ero
1
1
On M&u \I. 194 8 before me, a ylcu l?ojeK /M-u fy i?&Li J J ’ u
personally appeared &y-noML -fYnn; 1a
personally known to me -OR- Cl proved to me on the basis of satisfactory evidence to be the personld) whose name($/ is 6~e subscribed to the within instrument and acknowledged to me that
% mexecuted the same in -their authorized capacity(ies), and that by bisf@$/tbei&gnatureGd) on the instrument the person@, or the entity upon behalf of which the person(s) acted, executed the
Notory Pdlk - Cdilornk instrument.
WITNESS, my hand and official seal.
(This area for official notary seal.)
Title or Type of Document
Date of Document s/o /4 6 I 1 No. of Pages
Signer(s) other than named above t)k-h L . L&den w-r , ROO Ball
CMWD 82-302
2 06/l 4/95 Rev.
EXHIBIT “A”
LEGAL DESCRIPTION OF BLACK RAIL ROAD
CMWD PARCEL
PR. 3.4284
THAT PORTlON OF PARCEL 2 (DEDICATION PARCEL) DESCRIBED HEREIN LYING ’
WITHIN PARCEL 1 (OWNERSHIP PARCEL) DESCRIBED HEREIN.
PARCEL 1 (OWNERSHIP PARCEL)
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH; RANGE 4 WEST, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAN BERNARDINO BASE AND
MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTlON 22; THENCE
NORTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTlON 22
NORTH 2’18’55” WEST, 1041.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 89?55’47” EAST, 250.00 FEET; THENCE SOUTH 0’04’13” WEST, 350.00 FEET;
THENCE NORTH 87’51’00” WEST, 235.93 FEET TO A POINT IN SAID NORTH-SOUTH
CENTERLINE; THENCE NORTHERLY ALONG SAID NORTH-SOUTH CENTERLINE
341.73 FEET; MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
PARCEL 2 (DEDICATION PARCEL)
A STRIP OF LAND 80.90 FEET WlDE WlTHlN SECTlON 22, TOWNSHIP 12 SOUTH, RANGE
4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNlY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 21, 1890, LYING 30.00 FEET ON EACH SIDE OF THE
FOLLOWlNG DESCRIBED CENTERLINE:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTlON 22 SAlD POINT
BEARS SOUTH 00’00’14’ EAST, 2377.59 FEET (SOUTH 00’33’33’ WEST, 2377.80 FEET
PER R OF S MAP NO. 14808) FROM THE NORTH QUARTER CORNER OF SECTION 22 AS
PAGE 1 OF 2
SHOWN AND DESCRIBED ON RECORD OF SURVEY MAP NO. 14608, FILED IN THE
OFFICE OF THE COUNTY RECORDER AUGUST 11, 1994 SAID CORNER BEING
MONUMENTED BY A 2 INCH IRON PIPE MARKED l L.S. 6287’ SAID SOUTH QUARTER
CORNER ALSO BEARS SOUTH 02”02’03’ EAST, FROM A 2’ IRON PIPE STAMPED ‘L.S.
3189 1/2M AHR 1979’, SAID 2’ IRON PIPE LIES NORTH 89”57’43” EAST, 2550.19 FEET
(SOUTH 89”28’34’ EAST, 2550.23 FEET PER R OF S MAP NO. 14808) ALONG THE SOUTH
LINE OF RANCH0 AGUA HEDIONDA PER MAP NO. 823 RECORDED NOVEMBER l&1896,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FROM A 2’ IRON PIPE
STAMPED ‘L.S. 4525 AHR S21 S22 Tl2N R5W CC 1980” MARKING THE NORTHWEST
CORNER OF SAID SECTION 22; THENCE LEAVING SAID SOUTH QUARTER CORNER OF
SECTION 22, ALONG SAID LINE WHICH BEARS SOUTH 02”02’03’ EAST, FROM SAID 2
IRON PIPE STAMPED ‘L.S. 3189 1MM AHR 1979’, NORTH 02”02’03” WEST (NORTH
01’28’00’ WEST PER RECORD OF SURVEY MAP NO. 14630, FILED IN THE OFFICE OF
THE COUNTY RECORDER AUGUST 25, 1994), 2259.90 FEET TO A TANGENT CURVE
CONCAVE WESTERLY IiAVlNG A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23X22’ A DISTANCE OF
123.51 FEET TO A POINT ON THE SOUTH LINE SAID RANCH0 AGUA HEDIONDA, SAID
POINT BEARS SOUTH 89”57’43’ WEST (SOUTH 89’28’34’ EAST PER R OF S MAP NO.
14608), 25.09 FEET FROM SAID 2, IRON PIPE STAMPED ‘L-S. 3189 1/2M AHR 1979.
THE SIDELINES OF SAID 60.00 FOOT WlDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF SAID SEClION
22 AND NORTHERLY IN THE SOUTH LINE OF SAID RANCH0 AGUA HEDIONDA.
T-d% 3-3-q!
JOHN W. HILL, JR. LS. 5689
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
H&A BIACK RAlL FILE NO. 119
CHICAGO TlTLE ORDER NO. 993072-50
‘PAGE2OF2
LEGA"DESCRIPTION
A PORTION UC SECTION 22. TOWNSHIP
12 SOUTH. RANGE 4 WEST. S.B.M.
r 2’ IRON PIPE MARKED ‘L.S. 6267’
RANCH0 ACUA HEOIONM
N8Q59’33’E 84.29’
LINE RHO. ACUA HEOIONM
t 60’ MOICATION & N-S CENTER SECTION UNf PER R.O.S. NOS. 564, 4772. 4773. 5715. 6269, 10774, 12096.& 14630.
/N-S CENTER SECnON LINE PER
TmP.0. PARCEL
R.O.S. NO. 14608 *. . .,, ..e\, . .e , ,,a, -. l . #VI ,a-, . . .a,*, . KAISER 215 080-22
-o-s... I , #, .,,I . ,..I.
80-d; C. c -. l . .I.-
PARC&t 1
iv %881 . . PARCEL9 l PARCEL 1 s-i/4 ‘coii SEC. 22
’ ’ L ’ 7 0’ ‘.’ 0’. ’ ‘- I -.,-v- ,,,.,
: . 0’ 0’ : .‘a’ :’
r..,rrt -. 1.1, # .a ,, ,L
. . . .
.‘.I - .
WCINITY m?iw NO SCALE
THE FOLLOWING BEARINGS AND DISTANCES ARE PER DEED RECORDED JULY 21, 1958 IN 800X 7175 AT PAGE 258, O.R.
BASIS OF BEmNGS
THE MS6 OF BEARINGS FOR THIS EXHI8K 6 THE NORTHERLY LINE OF ‘OESCRIPTION NO. 4’ AS SHOWN ON R.OF S. 5715, I.E. N71’55’51’E.
LEGEND
m WNMCATES STREn OEDICATION
( ) R”lM&A~ES’iR&C~00& PER
[ ] HOtCATES RECOiO OATA PER DEE0 REC. 7-21-58, IN BK. 7175. PG. 2568, O.R.
‘I HUNSAKKR & ASSOCIATES SAN DIECO. INC.
, , ,’ .‘,,
PUNNXNC - ENGINSERING - SURVXYING lOl7S MlENNEXEm STREEI' - SAN DIED, CA SZltl (6lOJ 666-4666 - FAX (616) 666-1414
PPLICANT :
REYSTONE HOMES
895 EAST RINCON.
UITE 150
:ORONA, CA 91719
OEOlCATlON PIAT - CITY OF CARLSEA
PREPARED BY: PROJECT:
*& I*?- PP
JOHN W. HILL. JR. L.S. 5669
EXPIRES: g/30/99 PR 3.4.284
A.P.N.:
2 15-080-05
EXHIBIT “B”
vO2/98 l 1611 \CMbW?.DIyr; l l-=200’ l 1894-6 CMWD #119
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RESOLUTION NO. 1015 EXHIBIT 3
A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER
DISTRICT, CARLSBAD, CALIFORNIA FOR APPROVAL
AND EXECUTION OF A GRANT DEED OF EASEMENT
FOR RIGHT-OF-WAY FOR PUBLIC STREET AND PUBLIC
UTILITY PURPOSES FOR BLACK RAIL ROAD STREET
IMPROVEMENTS. CMWD PROJECT NO. 82-302
WHEREAS, the City of Carlsbad has submitted a request for approval and
execution of a grant deed of easement for right-of-way for public street and public
utility purposes together with the right to extend excavation and embankment slopes
beyond the limits of said right-of-way over, under, upon and across a portion of real
property located on the “D” Reservoir site for the Black Rail Road Street
Improvements; and
WHEREAS, the original survey for the Black Rail Road Street Improvements
contained a miscalculation, and upon completion of corrected survey, it was found
that a portion of the Black Rail Road traversed a portion of the District’s “D”
Reservoir site as described in the easement Exhibit “A”, attached thereto and made
a part thereof; and
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District
has determined it to be in the public interest to grant said easement.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Carlsbad Municipal Water District.
1. That the above recitations are true and correct,
2. That the Grant Deed of Easement granted to the City of Carlsbad
conveying a right-of-way for public street and public utility purposes for Black Rail
Road Street Improvements over, under, upon and across a over a portion of the “D”
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Reservoir site which is on file with the Secretary and is incorporated by this
reference is approved.
3. That the President is authorized to execute the grant deed of easement
and the secretary is hereby authorized to cause the original deed to be returned to
the City of Carlsbad to be recorded in the Office of the County Recorder of San
Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad
Municipal Water District held on the 5 day of MAY , ICI=, by
the following vote to wit:
AYES: Board Members Nygaard, Hall & Finnila
NOES: None
ABSENT: Lewis & Kulchin
CLAbDE A. LEWIS, President RAMONA FINNILA, Vice-President
ATTEST:
ALETHA L. RAUTENKRANZ, Secrdtary
(SEAL)
~ CMWD 82-302
.
May 12,1998
County Recorder
PO Box 1750
San Diego CA 921124147
Enclosed for recordation is the following described document:
Grant Deed of Easement
Carlsbad Municipal Water District
APN: 215-080-05
Carlsbad Municipal Water District staff has determined that the recordation of
these documents is of benefit to the City. We therefore request that the fees for
recordation be waived..
Thank you for your assistance with this item.
Aletha L. Rautenkranz, Secretary
Carlsbad Municipal Water District Board of Directors
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad. California 92008-1989 - (760) 434-2808 @