The URL can be used to link to this page

Home My WebLink About1999-10-05; City Council; 15429; ACCEPTING THE GRANT OF TEMPORARY CONSTRUCTION EASEMENT, GRANT OF SLOPE EASEMENT AND GRANT DEED OF EASEMENT RE: AVIARA PARKWAY PROJECT (CITY V. UKEGAWA)AB# / 5 y%y TITLE: ACCEPTING THE GRANT OF TEMPORARY MTG. 10-4 - F 4 DEPT. CA CONSTRUCTION EASEMENT, GRANT OF SLOPE EASEMENT AND GRANT DEED OF EASEMENT RE: AVIARA PARKWAY PROJECT (CITY V. UKEGAWAl DEPT. HD. CITY ATT’I CITY MGR #,JJ D > 0 ac: a 2 S 2 c.’ 2 - iJ c 3 0 3 RECOMMENDED ACTION: Adopt Resolution No. 49-44 q accepting the Grant of Temporary Constructior Grant of Slope Easement, and Grant Deed of Easement associated with the cons public street, embankment slope, and public utility purposes. ITEM EXPLANATION: This item results from the condemnation of property to obtain easements for con: public street, embankment slope, and public utility purposes in relation to the Avi Project and Laurel Tree apartments. The easements have been reviewed Attorney, and he recommends accepting them for road improvement purposes. As part of the settlement of the lawsuit City v. Ukegawa, Case No. N73928 Ukegawa, Case No. N73929, the City agreed not to file with the Court th Judgment and Stipulation until such time as the driveway from Aviara Parkway tc property is constructed. It is anticipated that construction will begin immediately. The parties are interested in concluding these condemnation actions; acceptance is necessary to bring them to an end. The City Clerk should execute the Cer return them to the City Attorney’s office for further processing. Concurrently, tt- Judgment and Stipulation will be filed with the Court and the original deeds and cc be sent to the County Recorder for recordation. FISCAL IMPACT: There is no fiscal impact associated with accepting and executing the deeds. EXHIBITS: -I. Resolution No. 9 9 - q5 4 for approval and execution of the deeds. 1 2 3 4 5 6 7 8 9 10 11 12 nul 13 21 KCrW an8 vu2 3055 iU, 14 KkS": 9 " 'a- n ' g :$ z- 16 mQ,$ >JZ '' S&$$ E:? a01 ps l7 0 18 19 20 21 22 23 24 25 26 27 28 m e RESOLUTION NO, 99-454 A RESOLUTION OF THE CITY COUNCIL OF THE CIT) CARLSBAD, CALIFORNIA, FOR APPROVAL AND EXECU' OF A GRANT OF SLOPE EASEMENT, GRANT OF TEMPOF CONSTRUCTION EASEMENT AND GRANT DEED EASEMENT FOR A ROAD EASEMENT FOR CONSTRUCTION OF AVIARA PARKWAY PROJECT WHEREAS, the Plaintiff has submitted a request for a execution of a Grant of Slope Easement, Grant of Temporary Constructic and Grant Deed of Easement for a road purposes for the Aviara Parkway P WHEREAS, the City Council has determined it to be in the be of the general public and the City of Carlsbad to approve and execute the C Slope Easement, Grant of Temporary Construction Easement and Grant Dc Easement for road purposes to the City of Carlsbad NOW, THEREFORE, BE IT RESOLVED by the City Council c Carlsbad, California, as fallows: 1. That the above recitations are true and correct. 2. That the Grant of Slope Easement for public street and pu purposes as shown on Exhibit A, attached hereto and made a part hereof i 3. That the Grant of Temporary Construction Easement for tc construction purposes associated with the construction of a public street, el slope and incidents thereto as shown on Exhibit B, attached hereto and ma hereof; is approved. 4. That the Grant Deed of Easement for the construction and maintenance of an embankment slope for roadway support and incidents tt shown on Exhibit C, attached hereto and made a part hereof; is approved. 1 2 3 4 5 6 7 8 9 10 11 12 am 3.u: a> kzh 13 a.og 0 e 5. That the Mayor is authorized to execute the Grant of Slopc Grant of Temporary Construction Easement and Grant Deed of Easement, Clerk is hereby authorized to sign the appropriate Certifications for Accepta and return them to the City Attorney's office. PASSED, APPROVED AND ADOPTED at a regular meeting Council of the City of Carlsbad held on the 5th day Of October I999 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila & Hall NOES: None ABSENT: Council Member k2'f-KUDE /? LEWIS, Mayor - REtORDiNG REQUESTED we WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD EXHIBIT 0 e JAMES S. UKEGAWA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY &! ES 4L S. UKEGAWA Jh$2L (NOTARY JURAT) I 1 STATE OF ~$iL!~P~;~ }ss. COUNTY OF r+ @,‘&9 1 On GdS Lz-, /$qq before rne,d&lkkk w &,/Lw,*Y /d4& personalty appeared 7 - ,4?n&3-- s VKEGflWb / personally known to me (or E me on the basis of satisfactory ewdence) to be the person@) whose name&) islan subscribed to the withln instrument and acknowledgc that he/shaclkag executed the same in his- ’ authorized capacity@+ and that by hislherrr(&r signaturem on the instrument the r or the entity upon behalf of which the person0 acted, executed the * instrument. WITNESS my hand and official seal. No~~-ccowc Signature: Fu&v &dL (This area far official notaial seal) (JANMAC. INC.. Expropnation Consultants) (MAAC\SLOPE EASEMENT 01) 02/05 e 8 EXHIBIT "A" LEGAL DESCRIPTION PR 99-11 SLOPE EASEMENT Being a portion of Lot "G" of RANCHO AGUA HEDIONDA, in the City of Carl County of San Diego, State of California, according to Map thereof No. 823, filed in the C of the County Recorder of San Diego County, also being described as Parcel 3 of Certil of Compliance recorded September 27,1983 as File No. 83-359769 of Official Records, 1 described as follows: COMMENCING at the Northwest corner of Parcel 1 of Parcel Map No. 15661, filed i Office of the County Recorder of Sian Diego, May 5,1989; THENCE along the Northerly line of said Parcel 1, North 71 "35'51" East, 176.00 feet tl Easterly line of the slope easement described as Parcel 2 in document recorded Augu: 1997 as File No. 1997-0408228; THENCE along said Easterly easement line, North 18"5000 West, 12.00 feet to the TI POINT OF BEGINNING, said point being on a line parallel with and 12.00 feet Nortl from said Northerly line of Parcel 1; THENCE continuing along said Easterly easement line, the following two (2) courses: r\ 18"50'00" West, 25.52 feet; THENCE South 88"46'00" West, 38.18 feet; THENCE leaving said Easterly easement line, North 74O32'28" East, 199.08 feet; THENCE North 65'08'23" East, 48.30 feet; THENCE North 46'39'17" East, 98.12 feet; THENCE North 13 "35'23" East, 29.73 feet to the Northerly line of said Parcel 3; THENCE along said Northerly line, South 81 "37'18" East, 13.04 feet to the beginning non-tangent 288.00 foot radius curve, concave to the Northwest, a radial to said point I South 65'42'29" East; Page 1 of 2 e U EXHIBIT "A" LEGAL DESCRIPTION PR 99- 11 SLOPE EASEMENT THENCE leaving said Northerly line, Southwesterly, along said curve, through a central of 47"18'201 an arc distance of 237.78 feet to said parallel line; THENCE tangent to said curve and along said parallel line, South 71 "35'51" West, 114.8 to the TRUE POINT OF BEGINNING. Containing: 0.176 Acres, more or less. L-LY .d;p Lonie K. Cyr P.L. ,6929 Expiration: 9-30-2001 Page 2 of 2 0 0 LEGEND SHEET 1 OF 1 INDICATES SLOPE EASEMENT (AREA: 0.176 ACRES) INDICATES AVIARA PARKWAY DEDICATED PER P.M. 15661 INDICATES PROPOSED AVIARA @ PARKWAY PER DOC. REC. 8/22/1997 AS FILE NO. 1997-0408228, O.R. INDICATES PARCEL 3 OF CERTIFICATE OF COMPLIANCE REC. 9/27/1985 AS FILE NO. 85-359769, O.R. INDICATES 150' S.D.G.& E. @ EASEMENT PER DOC. REC. 8/14/1957 IN BOOK 6706 PAGE 514, O.R. INDICATES PROPOSED SLOPE @ EASEMENT PER DOC. REC. 8/22/1997 AS FILE NO. 1997-0408228, O.R. 6) (FORMERLY CO @ BASIS OF BEARINGS THE BASIS OF BEARINGS IS THE NORTH LINE OF PARCEL 1 PER PM15661,RECORD BEARING NORTH 71' 35'51" EAST LEGAL DESCR I PT I ON A PORTION OF PARCEL 3 PER COC 83-359769. DATA TABLE -___----_---_______________ NO. BEARING C1 N18"50'00"W C2 N18'50'00"W C3 S88"46'00"W C4 N65"08'23"E C5 N46'339' 17"E C6 N13'35 '23"E C7 S71'35'51"W 114.82' --_----_--- --______________ Robert Bein Willian Frost k Assoc. PRofESSIONAL WGIKERS. R/Wm k wvfYM;!s 9755 Cloirmt ksa Ebulnad,Suite 100 Son Diego,Co. 92124 (619) 614-MOO N.T.S I DEDICATIOhI PLAT - CITY OF CARLSBAD w APPL I CANT: PREPARED BY: Ra€cr.. A.P.N.: 212-04 MAAC Project 22 W. 35th Street NATOINAL City, CA P.L.S.6929 5'' 'IqLi SLOPE-EASEMENT €XHIBI I SUITE 200 DA~E (6 19)426-3598 EXPIRATION: 09-30-2001 P.R. 99-1 1 no A w 1 hip 4 qnrcnn I%, cn4-mc 7 ^. -- -- -- -- 0 * CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant of Terr Construction Easement, dated June 22, 1999 from JAMES S. UKEGAWA, a r man as his sole and separate property, to the CITY OF CARLSBAD, a political corporation and/or governmental agency, is hereby accepted by the undersign or agent on behalf of the City of Carlsbad, California, pursuant to authority coni Ordinance No. NS-422 of the City of Carlsbad adopted on September 9,1997, grantee consents to recordation thereof by its duly authorized officer. DATED: October 7, 1999 ALETHA L. RAUTENthNZ, City Cler, . , RE'coRDING REQUESTED two EXHIBIT E WHEN RECORDED MAIL TO: City Clerk CJTY OF CARLSBAD CARLSBAD, CA 92008 MAIL TAX STATEMENTS TO: 1200 Carlsbad Village Or. EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE e e s This document was executed this ?>A day of 5.0s JAMES S. UKEGAWA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY f 4h ES l"r;^J- S. UKEGAWA iiffk% (NOTARY JURAT) STATE OF ci'f4fi/4 59 }ss. 1 1 COUNTY OF rwOtsc -) On GME I-V ,/p9Y before me. db!ekk- w m,/qwk&Li personally appeared +&sr ,p- d)&?K&&i4 personally known to me (orE me on the basis of satisfactory evidence) to be the personla) whose nam+) islwsubscnbed to the within instrument and acknowledgH that helsksetkey executed the same in hidhertttrerr authonzed capacity(iee). and that by his/keFultetrsignaturwon the instrument the pc or the enhty upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. e Signature: &&&A __ (This area for official notarial seal) (JANMAC, INC , Expropnation Consultants) (MAAC\ TEMP CONST EASEMENT 01) 02105P e e EXHIBIT "A' LEGAL DESCRIPTION PR 99-12 TEMPORARY CONSTRUCTION EASEMENT Being a portion of Lot "G' of RANCHO AGUA HEDIONDA, in the City of Carls County of San Diego, State of California, according to Map thereof No. 823, filed in the Oi of the County Recorder of San Diego County, also being described as Parcel 3 of Certific of Compliance recorded September 27,1983 as File No. 83-359769 of Official Records, bt described as follows: COMMENCING at the Northwest comer of Parcel 1 of Parcel Map No. 15661, filed in Office of the County Recorder of San Diego, May 5,1989; thence along the Northerly lint said Parcel 1, North 71'35'51" East, 176.00 feet to the Easterly line of the slope easem described as Parcel 2 in document recorded August 22, 1997 as File No. 1997-04082 THENCE along said Easterly easement line, North 18 '50'00" West, 37.52 feet; THENCE continuing along said Easterly easement line, South 88"46'00" West, 38.18 feel the TRUE POINT OF BEGINNING; THENCE continuing along said Easterly easement line, the following two courses: SOL 88 "46'00" West, 85.96 feet; THENCE North 03'34'00" West, 3.96 feet; THENCE leaving said Easterly easement line, North 74'32'28'' East, 279.53 feet; THENCE North 65'08'23'' East, 42.18 feet; THENCE North 46"39'17" East, 86.63 fe, THENCE North 13'35'23" East, 20.02 feet to the Northerly line of said Parcel 3; THENCE along said Northerly line, South 81"37'18" East, 25.10 feet; THENCE leaving said Northerly line, South 13"35'23" West, 29.73 feet; THENCE South 46'39'17" West, 98.12 feet; THENCE South 65'08'23" West, 48-30 fec THENCE South 74'3228" West, 199.08 feet to the TRUE POINT OF BEGINNING. Containing: 0.235 Acres, more or less. L M. Ctc 3/0k144 Lonie IS. Cyr, P.L.S. 6929 Expiration: 9-30-2001 Date Page 1 of 1 K~\501205-3\WPWIN\5-~LGLll WPD e Q L LEGEND SHEET 1 OF 1 0 b 0,e INDICATES TEMPORARY oo2Go$ CONSTRUCTION EASEMENT Q (FORMERLY COLLEGE BLVD. ) (AREA: 0.235 ACRES) INDICATES AVIARA PARKWAY DEDICATED PER P.M. 15661 INDICATES PROPOSED AVIARA a PARKWAY PER DOC. REC. 8/22/1997 AS FILE NO. 1997-0408228, O.R. INDICATES PARCEL 3 OF CERTIFICATE OF COMPLIANCE REC. 9/27/1985 AS FILE NO. 85-359769, O.R. INDICATES 150' S.D.G.& E. @ EASEMENT PER DOC. REC. 8/14/1957 IN BOOK 6706 PAGE 514, O.R. INDICATES PROPOSED SLOPE @ EASEMENT PER DOC. REC. 8/22/1997 AS FILE NO. 1997-0408228, O.R. D @ BASIS OF BEARINGS THE BASIS OF BEARINGS IS THE NORTH LINE OF PARCEL 1 PER PM 1566 1 , RECORD BEAR I NG A PORTION OF PARCEL 3 PER NORTH 71" 35'51" EAST COC 83-359769. LEGAL DESCRIPTION DATA TABLE ------------___-_-_________ NO. BEARING C1 N18"50'00"W 37-52' C2 S88'46'OO"W 38.18' C3 S88O 46 ' 0O"W C4 N03-34 ' 00"W C5 N65'08' 23"E C6 N46"39'17"E C7 N13'35'23"E C8 S13'35'23"W 29.73' C9 S46'39 ' 17"W 98.12' ClO S65'08'23"W 48.30' Ewp. 9/30/2001 -------_----_______________ Robert Bein Willion Frost & Assoc. PRMSSIONAL ENGIMRS, RAFEERS k SlRMyORs 9755 Cloirmt Yao Boulevcrd,%ite 100 Son 0iego.h. 92124 (619) 614-5000 a N.T.S. DEDICATION RAT - CITY OF CARLSBAD w APPL I CANT: PREPARED BY PROJECT: A.P.N.; 212-040 22 W. 35th Street Su i te 200 National City, CA P.L.S. 6929 (619) 426-3598 EXPIRATION 9/30/2001 p R99 12 rEm!Y L. ylIPd'49 CrnTIT/rn MCCA Project D-TE €AStXW €XHIBI T LONIE K. CYR' e e CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant of SI0 Easement, dated June 22,1999 from JAMES S. UKEGAWA, a married man i and separate property, to the CITY OF CARLSBAD, a political corporation an governmental agency, is hereby accepted by the undersigned officer or agenl of the City of Carlsbad, California, pursuant to authority conferred by Ordinanc NS-422 of the City of Carlsbad adopted on September 9, 1997, and the grant consents to recordation thereof by its duly authorized officer. DATED: October 7, 1999 ALETHA L. RAUTENKRANZ, City CI1 * EXHIBIT 1 RECORDING REQUESTED B WHEN RECORDED MAIL TO: City Clerk GIN OF CARLSBAD 1200 Carlsbad Village Dr. CARLSBAD, CA 92008 MAIL TAX STATEMENTS TO: EXEMPT e d This document was executed this 2 Z 4 day of m. JAMES S. UKEGAWA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY ! J MES S. UKEGAWA Azll (NOTARY JURAT) }ss. } I STATEOF L/”n- - ~Gflf/~/.A COUNTY OF Jw dLk&fl 1 On personally appeared (insert here the names of the parties who personally appeared) Ct I/ / G 59 before me, (the notary) &/a /x* /)4?%k-=/fl /Pd wn ThgI c- u/?Emfl personally knov to me on the basis of satisfactory evidence) to be the person(@ whose name@) IS/= subscnbed IO the within instrument and acknow he/okartkey executed the same in his- authonzed capacity(-), and that by hislh4Jtba signature(8) on the instrument the pel upon behalf of which the person&) acted, executed the ~nsbumlent WITNESS my hand and official seal. /v Signature: - ( This area for official notanal sea (MAAC\GRANT DEED OF EASEMENT) 0 (JANMAC, INC , Expropnation Consultants) 0 e 8. CERTIFICATl(3N FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed Easement, dated June 22,1999 from JAMES S. UKEGAWA, a married man and separate property, to the CITY OF CARLSBAD, a political corporation an governmental agency, is hereby accepted by the undersigned officer or agen of the City of Carlsbad, California, pursuant to authority conferred by Ordinanl NS-422 of the City of Cartsbad adopted on September 9,1997, and the grant consents to recordation thereof by its duly authorized officer. DATED: October 7, 1999 - ALETHA L. RAUTENKRANZ, City CI