HomeMy WebLinkAbout1999-06-01; Municipal Water District; 445; Execution of a Grant Deed of Easementt
MUNICIPAL WATER DISTRICT PROPERTY
CMWD PROJECT NO. 99406
RECOMMENDED ACTION:
Adopt Resolution No. /054/ for approval and execution of a grant deed of easement for a
road easement along the east side of the Carlsbad Municipal Water District Property,
CMWD Project No. 99-106.
ITEM EXPLANATION:
This item is a request of the City of Carlsbad to obtain a grant deed of easement for a road
easement along the east side of the District property for road improvement purposes of
Orion Street through Coast Waste Management. The easement document has been
reviewed by the engineering staff, and the staff recommends granting the easement to the
City of Carlsbad for road improvement purposes.
FISCAL IMPACT:
There is no fiscal impact. The Carlsbad Municipal Water District and the City of Carlsbad,
both being public agencies, are exempt from real estate taxes. The road improvements
would benefit both the City and the District as both agencies and the general public use
Orion Street for access to their facilities.
ENVIRONMENTAL REVIEW:
This item is exempt in accordance with Section 10561 Section (b)(3) Review for Exemption.
The activity is covered by the general rule that CEQA applies only to projects which have
the potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect
on the environment, the activity is not subject to CEQA.
EXHIBITS:
1. Location Map.
2. Grant Deed of Easement.
3. Resolution No. &TV for approval and execution of a grant deed of easement for a
road easement along the east side of the Carlsbad Municipal Water District Property,
CMWD Project No. 99-106.
LOCATION MAP
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‘ROJECT NAME: Project No. Exhibit No.
Iasement for Road Purposes Along the East Side
If Carlsbad Municipal Water District 99-l 06 1
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RECORDING REQUESTED BY
City of Carlsbad
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
The undersigned grantor(s) declare(s): Assessor’s Parcel No. 209-050-I 9
Documentary transfer tax is $ 00.0 Project No. & Name CMWD Proiect No. 99-106
Space above this line for Recorder’s Use.
( ) computed on full value of property conveyed, or Orion Street ( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad , and CARLSBAD MUNICIPAL WATER DISTRICT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. (pig-, . . _’
Signature of Declarant “or Agent Determining Tax Firm Name
GRANT DEED OF EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (We) CARLSBAD MUNICIPAL WATER
name of grantor(s)
DISTRICT. a Public Aoencv oraanized under the MuniciDal Water Act of 1911. and a Subsidiarv District of the City of
Carlsbad, grant(s) to Citv of Carlsbad, a MuniciDal Corooration name of grantee(s) , the following described real property in the City
of Carlsbad, County of San Diego, State of California:
an easement for road purposes as described in Exhibit ‘A” con hereof. Exhibit 73” consisting of two pages is attached for clarity only.
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(city and &ta)
APPROVED AS TO FORM:
RONALD R. BALL, GENERAL COUNSEL its: CLAUDE A. LEWIS, President
(print name and title)
ATTEST:
By: I
its: ALETHA L. RAUTENKRANZ. Secretarv
(print name and title)
(Notarial acknowledgement of execution of PROPERTY OWNER must be attached.)
1 05/07/99 Rev.
(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 that 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.)
State of c ALfr’cRdlA 1
County of s4wbrfz&c j
On L//y/49 before me, &wale h?we , Iamy Rl3ue
personally appeared CL 4crDG 4. kbW(5 -
y personally known to me -OR- q proved to me on the basis of satisfactory evidence to be the person(B) whose name($)
is/are subscribed to the within instrument and acknowledged to me that
heIsbe&ay executed the same in his/&e&heir authorized capacity@&),
and that by his/be&f&= signature($) on the instrument the person&t), or
the entity upon behalf of which the person($) acted, executed the
instrument.
(This area for official notary seal.) $CNATURE OF NOTARY..
Title or Type of Document &b++JT b*- QF &f&??@o~
Date of Document CM+‘9 No. of Pages 7 I;X3C‘UblrO6- 2&r&7
Signer(s) other than named above ALLEMt) L* Ma-2 Cy- ANY 3 akLC
CMWD 99-106
2 06/l 7198 Rev.
5
DEDICATION OF ORION STREET
EXHIBIT ‘A’
SHEET 1 OF 2
PARCEL 1
A PORTION OF LOT “B” OF RANCH0 AGUA HEDIONDA, IN THE CIN OF CARLSBAD, COUNN OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE
OF THE COUNN RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896. SAID LAND BEING
MORE PARTICULARLY DISCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE OF EL CAMINO REAL BEING ENGINEERS STATION 329+50.00 PER
ROAD SURVEY 1800-I ON FILE IN THE COUNN RECORDERS OFFICE OF SAID COUNN; THENCE
LEAVING SAID CENTERLINE
1. NORTH 38=23’04” EAST 480.00 FEET
2. NORTHEAST 27.70 FEET
3. NORTH 56”09’03” WEST 24.00 FEET
4. SOUTH 5 l”48’26” WEST 47.30 FEET
5. NORTH 38’=23’04” EAST 20.23 FEET
6. NORTHEASTERLY 3 12.89 FEET
TO A TANGENT POINT WITH A 350.00 FOOT
CURVE TO THE LEFT. THENCE; ALONG THE
ARC OF SAID CURVE,
THROUGH AlCENTRAL ANGLE OF 04”32’07”.
THENCE; LEAVING SAID CURVE ON A
RADIAL,
TO AN ANGLE POINT THAT IS AN
INTERSECTION OF, THE WESTERLY RIGHT OF
WAY LINE OF ORION STREET AS GRANTED
ON DOCUMENT NUMBER 77-345406,
RECORDED AUGUST 23, 1977, AND, THE
SOUTHEAST BOUNDARY LINE OF THAT
LAND GRANTED PER DEED 222 199,
RECORDED ON DECEMBER 27, 196 1 AND
IDENTIFIED AS ASSESSOR PARCEL NUMBER
209-050-19, BOTH ON FILE lN THE COUNTY
RECORDERS OFFICE OF SAID COUNTY. SAID
POINT ALSO BEING THE TRUE POINT OF
BEGINNING. THENCE; SOUTHWESTERLY
ALONG SAID BOUNDARY LINE,
THENCE; LEAVING SAID BOUNDARY LINE,
TO A TANGENT WITH A 314.00 FOOT CURVE
TO THE LEFT. THENCE; ALONG THE ARC OF
SAID CURVE,
THROUGH A CENTRAL ANGLE OF 57”05’36”
TO AN INTERSECTION WITH SAID
BOUNDARY OF ASSESSOR PARCEL 209-050-19.
A RADIAL LINE TO SAID INTERSECTION
BEARS NORTH 63’38’1 I EAST. SAID
INTERSECTION HEREINAFTER KNOWN AS
POINT ‘A’. THENCE; SOUTHEASTERLY
ALONG SAID BOUNDARY LINE,
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PARCEL 1
7. SOUTH 38” 1 I ‘34” EAST
DEDICATION OF ORION STREET
EXHIBIT ‘A’
SHEET 2 OF 2
44.37 FEET TO AN INTERSECTION WITH A 326.00 FOOT
RADIUS CURVE CONCAVED WESTERLY. SAID
CURVE ALSO BEING THE PREVIOUSLY
REFERENCED WESTERLY RIGHT OF WAY
LINE OF ORION STREET.. THENCE; ALONG
THE ARC OF SAID CURVE,
8. SOUTHEASTERLY. 299.04 FEET THROUGH A CENTRAL ANGLE OF 52”33’29”
TO THE TRUE POINT OF BEGINNING.
CONTAINS 0.092 ACRES, MORE OF LESS.
PARCEi2 ’
BEGINNING AT SAID POINT ‘A’, SAID POINT ALSO BEING ON THE,BOUNDARY OF SAID ASSESSERS
PARCEL 209-050-1’9. THENCE; NORTHWESTERLY ALONG SAID BOlhDARY,
1; NORTH 38’11’34” WEST 151.12 FEET
2. NORTH 43027’45” WEST 52.13 FEET
3. SOUTH 73”16’54” EAST 8.33 FEET
4. SOUTH 38O11’34” EAST 45.09 FEET
CONTAMS 0.002 ACRES, MORE OF LESS.
PREPARED BY:
TO THE TRUE POINT OF BEGINNING.
THENCE; LEAVMG SAID BOUNDARY,
TO AN INTERSECTION WITH THE MOST
NORTHERLY BOUNDARY OF SAID ASSESSOR
PARCEL. THENCE; EASTERLY ALONG SAID
BOUNDARY,
THENCE; COUNTINUMG ALONG SAID
BOUNDARY,
TO THE TRUE POINT OF BEGINNING.
R.C.E. 3239 1
LIC. EXP. 12/3 l/O0
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A.P.N. 209-050-29
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1 CAMNO
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20.23' &- N 38'23'04' E
Y 47.30' Y S 51'48'26' W
A.P.N. 209-050-25
R4iYcHu A GUA HEDIONDA
Y.Kma
R FURi R.C.E. 32391
PROJECT NAME: I PROJECT NO. I ExwB/r
LkAi DESCRIP~O!!;
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A PORl7ON of LOTS “A” k “8” OF RANCH0 AGUA HEDl0N.A
OF MAP NO. 823
/ BASIS OF BEARINGS 0 0 1 BASIS of BEARINGS F@? ?HfS DRAM’G
IS THE CENTTRLIME OF EL CAMINO REAL
PER MAP NO. 1033Q Le. N38Y T’53”M /
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FOR DETAILS
PdD/CE~S ro1 MST ‘A’Smf..T. wrf 2sm SAM mm. WdFaMA 92fO? W: f6?9) 211-4166 fM 2J4-JO22
PROJt-CT NAME 1 PRO&-CT NO. 1 EXH45’/T
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated
June 4 th , 1999, from CARLSBAD MUNICIPAL WATER DISTRICT. a Public Aaencv
oraanized under the MuniciDal Water District Act of 1911. and a Subsidiarv District of the Citv of Carlsbad,
to the City of Carlsbad, a political corporation and/or governmental agency, is hereby accepted by the
undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred
by Ordinance No. NS-422 of the City of Carlsbad adopted on September 9, 1997, and the grantee
consents to recordation thereof by its duly authorized officer.
DATED: & 16 IT??
ALETHA L. RAUTENKRANZ, City Clerk
CMWD 99-l 06
11/03/97 Rev.
May 17,1999
TO: LEE RAUTENKRANZ, CITY CLERK
FROM: Bill Plummer, District Engineer
GRANT DEED OF EASEMENT FOR ROAD PURPOSES
CMWD PROJECT NO. 99406
Attached is the original subject grant deed. The agenda bill and resolution for approval
and execution has been tentatively scheduled for the June I, 1999, agenda of the
CMWD Board of Directors Meeting. x Please return the original deed to the District for further processing.
Sincerely,
District Engineer
WEP:sjs
attachment
CMWD 99-l 06
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RESOLUTION NO. 1054
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CARLSBAD MUNICIPAL WATER DISTRICT
OF CARLSBAD, CALIFORNIA, FOR APPROVAL
AND EXECUTION OF A GRANT DEED OF
EASEMENT FOR A ROAD EASEMENT ALONG THE
EAST SIDE OF THE CARLSBAD MUNICIPAL
WATER DISTRICT PROPERTY, CMWD PROJECT
NO. 99-106
WHEREAS, the City of Carlsbad has submitted a request for approval and
execution of a grant deed of easement for a road purposes easement along the east
side of the Carlsbad Municipal Water District property, Orion Street through Coast
Waste Management, CMWD Project 99-106; and
WHEREAS, the Board of Directors has determined it to be in the best
interests of the general public, City of Carlsbad and Carlsbad Municipal Water
District to approve and execute a grant deed of easement for road purposes to the
City of Carlsbad.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the
Carlsbad Municipal Water District, of the City of Carlsbad, California, as follows:
I. That the above recitations are true and correct.
2. That the Grand Deed of Easement conveying a road purposes easement
along the east side of the Carlsbad Municipal Water District property, Orion Street
through Coast Waste Management, which is on file with the City Clerk and is
incorporated by this reference; is approved.
3. That the Mayor is authorized to execute the Grant Deed of Easement, and
the Secretary is hereby authorized to cause the original deed to be recorded at the
Office of County Recorder of San Diego County, State of California and to be
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returned to the City Clerk of the City of Car&bad, 1200 Carlsbad Village Drive,
Carlsbad, California 92008.
PASSED, APPROVED AND ADOPTED at a special meeting of the Board of
Directors of the Carlsbad Municipal Water District, of the City of Carlsbad, California,
held on the 1st day of June I 19x, by the following vote to
wit:
AYES: Board Members Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None.
ABSENT: None.
LEWIS, President
ATTEST:
L.4.lb \ ALETHA L. RAUTENKRANZ, Secreta&
CMWD 99-106