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HomeMy WebLinkAbout1988-11-22; City Council; 9727; ACCEPTANCE OF GRANT DEED FOR WATER MAIN PURPOSES MADISON SQUARE DEVELOPMENT& " a 0 IE < 3 & .. 2 0 F 0 a d 0 z 3 0 0 CITaOF CARLSBAD - AGENDWILL x' /< - AB# 9'7aq TITLE DEPT. HI MTG. 11-73-88 ACCEPTANCE OF GRANT DEED CITY All CITY MG DEPT.EN.C. MADISON SQUARE DEVELOPMENT PR 3.5.: Adopt Resolution No. 88-39? accepting a Grant Deed for water main purpo: FOR WATER MAIN PURPOSES RECOMMENDED ACTION: ITEM EXPLANATION: As a condition of approval of the Madison Square Development project the I Square Development I1 Group was required to install a water main throughou property to serve the eight (8) buildings that constitute the entire p This Grant Deed Easement document accurately covers the location of thc main as installed. FISCAL IMPACT: Requiring dedications as a condition of development will save the City E in future easement acquisitions. EXHI BITS : 1. Location Map. 2. 3. Grant Deed from Madison Square Development 11, dated September 9, Resolution No. 884 399 accepting a Grant Deed for water main purpi - VlCNlN MAP *?X .. 0 RECORDING REQUESTED BY a d AND WHEN RECORDED MAIL TO r 1 Name City of Carlsbad Street Address 1200 Elm Avenue Clty & State ~Carlsbad, CA 92008 J MAIL TAX STATEMENTS TO r 1 Name CITY OF CARLSBAD Street Address CARLSBAD, CA. 92008 Clty & State L J 1200 ELM AVENUE SPACE ABOVE THIS LINE FOR RECORDER'S USE Partnership Grant Deed CAT. NO. "00586 EAS MENT TO 1925CA (11-83) THIS FORM FURNISHED BY TlCOR TITLE INSURERS PR 3.5.39 APN: 213-091-01 The undersigned grantor(s) declare(s): 213-092-12 Documentary transfer tax is ( ( ) Unincorporated area: ( L/jCity of CARLSBAD , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ) computed on full value less value of liens and encunibrances remaining at time of sale. Madison Square Development I1 a General partnership organized under the laws of the State of California hereby GRANTS to for water main purposes together with the right of ingress, egress, to,from, over, along and within said easement the following described real property in the The City of Carlsbad, a Municipal Corporation, an Easement San Diego , State of California. --See "Exhibit A" Sheets 1, 2 and 3 of 3 sheets for legal description of the wate main easement attached hereto and made a part hereof. --See "Exhibit B" Sheets 1, 2, 3, 4 and 5 of 5 Sheets for the plat of the water m, easement attached hereto for reference. Dated: Septmeber 9, 1988 personaiiy known to me or proved to me on the bask of. satisfactory evidence to be the person who exe- cuted the within instrument as of the partners of the partnership that executed the cij'j c (This area for official notarial seal) I Title Order No. Escrow or Loan No EX tl1 E{ I SHEET . 0 a LE G A L DE S C K I PT I ON .* VARYING W1I)TH WATER EASEMENTS 7'0 THE CITY OF CARLSBAD IN LO'I'S 3 16 OF CARLSBAD TRACT NO. 80-38, NAP NO. 10198; IN THE CITY OF CP COUNTY OFmSAN DIEGO, STATE OF CALIFORNIA, FILED IN ?'HE OFFICE Ob COUNTY RECORDER OF SAN DIEGO COUN'I'Y AS FILE NO. 81 -294627 l DATE1 SEPTEMBER 15, 1981. A S'YltIf' 01; LAN11 15 . 00 !,?l<E'r 1N \JID'l'II, LYING '7 . 50 E'EE'I' ON EAClI S1L PARALLEL WITH THE FOLLOWING DESCRIBEU CEN'I'EIILINE : LINE "A" COPlMENClNG AT A 3/4" X 18" IRON PIPE PXINUHEN'I' WI'I'H LJISN R. C . E, 18673, SAID M.JONUMKNT BEING THE COP.lMON CORNER OF LOTS 12 A THE: SOUTIIEIZLY RIGHT OF WAY LINE OF PALOMAR OAKS WAY ACCC)RPING 'I'C 10198, ANI) REING ?'HE POINT OF BEGINNING. THENCE N 86" 20'03" W '70 THENCE S 3'39'57'' W 10.00 FEET, ALONG TIlE EXIS'TING CEN'I'ERLJNK OF EXISTING 14.00 F00T WIDE WATER LINE EASEMENT GRANTED TO COSTA RE MUNICIPAL WATER DISTRICT PER FILE NO: 53-235405, DATED 7/21/83, EASEMENT'S FOINT OF TERMINATION, AND TO A POINT HEREINAFTER REFE AS POINT "H"; THENCE S 3O39'57" W 2.00 FEET; THENCE S 86°2cjJ03" FEET TO THE TRUE POINT OF UEGINING; THENCE S 86O20'03" I3 1. (J(J ITC THENCE S 33O35'U3" li 121.47 FEET; THENCE S 22O39'57" W 3'1.19 i!'EE POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE S 22°39't'7" W FEET; THENCE S 67O39'57" \q 226.29 FEE?'; THENCE N 56O20'03" W 14. TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE N 86O20' 331.00 FEET TO A FOINT HEREINAF'I'EIZ REFERRED '1'0 AS POINT "U"; Tf4E N R6°20'03" W 32.72 FEET; THENCE N 6O02O'O3" W 226.31 FEET '1'0 A HEREINAF'YEIZ IZl3:FERRED 'I'O AS POIN'1' "E" 'I'€JENCE N 3O39'57" E 122. U9 'IXENCE N 60°04'57" E 75.48 FEE'I'; THENCE S OOo01'02" E 6.24 FEET POINT HEREINAFTER REFERRED TO AS POINT "J" ALSO BEING THE POINT TERMINUS OF SAID LINE "A". SAID POINT "J" ALSO LYING ON THE WEST EASEMENT LINE OF LINE "I" AND 2.00 FEET SOUTH OF THE MOST SOUTlIW CORNER OF THAT CERTAIN EASEMENT GRANTED TO COSTA REAL M. W. D. F/P 83-235405 ON 7/21/83. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENG'I'IIENED OR SHORT AT ANGLE POINTS IN ORDER TO FORM A CONTINUOUS EASEMENT. LINE "R" COMMENCING AT THE ABOVE DESCRIBED POINT "B"; 'I'HENCE s 67020 J 03" E 44.87 mrr TO A POINT OF TERMINUS. LINE "C" COMMENCING AT THE ABOVE DESCRIBED POINT "C" ; THENCE S 3O39'57" W 26.00 FEET TO A POINT OF TERMINUS. LINE "D" COMMENCING AT THE ABOVE DESCRIBED POINT "D"; 'I'HENCE s 3039'57~~ w 25.50 FEET fro A POINT OF TERMINUS. LINE "E" cOMM.IENCING AT 'i'IlE ABOVE 1)ESCRIBEJ-J POIN'1' "E" ; TIfENCE N 87O07'50" W 79.31 FEET TO A POINT OF TERMINUS. CMWD 8'1 EXHIBIT SHEET 2 ., 0 .* LINE "17'' (AN EXTENSION OF AN EXIS'I'ING COSTA REAL MUNICIPAL WA'I'ER DIS'I'IEICT EASEMENT FILE NO. 83-235405, DATED 7/21/83) EEING A 14.01 WIDE EASEMENT LYING 7. US, FEE?' 'EACH SIUE OF 'I'IIE FOLLOWING UESCRIUE'I CENTER LINE: .COMMENCING AT A 3/4" X 18" IRON PIPE MONUMENT WIlH D. MARKED R.C.J.3; 18673, PER NAP NO. 10198, SAID MONUMENT I3EING A POI1 'l'ANGI3NCY WI'I'fJ A 231 . 342 E'OO'I' RAPlIUS CUItVE CONCAVE SOU'I'III!'IILtY, ALC)t.l( SOU'I'HERLY RIGHT OF WAY 01; PALOMAR OAKS WAY AND THE NOR?'€IERLY BOUNI OF LOT 16 OF THE AFORE SAID MAP, A RADIAL TO THE CENTER W~IIC11 HEAI S 15O58'02" W AND ALSO BEING THE POINT OF BEGINNING; THENCE NORTII- WESTERLY ALONG THE ARC OF SAID 231. 342 FOO'I' RADIUS CURVE 'I~~l~lC~LlG~l 1 CENTRAL ANGLE OF 20°33'52" A DISTANCE OF 83.03 FEE?' TO A POINT ON CURVE; THENCE ON A IZADIAL LINE WHICH BEARS S lo 33'46" E lU .00 FEI A POINT OF TERMINATION OF SAID EXISTING EASEMENT AND TO THE 'I'RUE I OF BEGINNING; THENCE S lo 33'46" E 14.110 FEET TO A POINT OF 'l'ERMIN1 LINE "G" DISTRICT EASEMENT FILE NO. 83-235405, .DATED 7/21/83) BEING A 14.CJl WIDE EASEPlEN'I' LYING 7.00 FEET EACH SIPE OF THE FOLLOWING DESCRIBE1 CENTER LINE: COMMENCING AI' A 3/4" X 18" IRON FIFE MOf4UMEN'I' WI'I'f1 U MARKED R.C.E. 186'73, PER MAP NO. 10198, SAID MONUMENT UE.tNG 'I'HE CC LAG0 AND THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINN. NORTHEASTERLY ALONG THE ARC OF A 213 FOOT RADIUS CURVE CONCAVE SO1 EASTERLY 'I'HROUGH A CENTRAL ANGLE UF 7 O 00 ' 5 1 " 2 6.0 8 FEET ; THENCE N 5001~41*0 E 130.33 E'EET; THENCE N 3904~19" w 10.00 FEET 'ro A E'( NA~I'ION OF SAIL- EXISTING EASEMENT AND trm TRUE POINT OF 13ux mu w; (iN EXTENSION OF AN EXISTING COSTA REAL MUNICIPAL WA'I'ER CORNER OF LOTS 10 AND 20 ON 'YHE WES'l'EHLY RIGHT OF WAY LINE OF L'ASI HERl31NAF'I'ER I)ESCI<IBJIIU AS POINT "G" I SAID POIN'I' RElNG A PC~IN'I' OF '1'1 N 39O44'19" W 14.00 FEET TO A I'OIN'I' OF TERMINTJS. LINE "1-1" (AN EX'I'ENSIUN 017 AN EXIS'I'ING COSTA REAL MUNICIPAL WATER WIDE EASEMENT LYING '7.00 FEET EACH SIDE OF THE FOLLOWING DESCRlEEI CENTER LINE: COMMENCING AT THE ABOVE DESCRIBED POINT "H" ; ?'HENCE S 3"39' 57" W 18.00 FEET TO A POIN'I' OF TERMINUS. LINE "I" (AN EXTENSION OF AN EXISTING COSTA REAL MUNICIPAL WATER DISTRICT EASEMENT FILE NO. 83-2.35405, DATED 7/21/83) BEING A 14.0( WIDE EASEMENT LYING '7.00 FEET EACH SIDE OF THE FOLLOWING DESCRIREI CENTER LINE: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF PA1 OAKS WAY, SAID POINT ALSO BEING THE COMMON CORNER OF LOTS 15 AND : ACCORDING 'TO MAP NO. 10198, ALSO BEING A POINT ON THE ARC OF A 15: FOOT RADIUS CURVE, CONCAVE NORTHERLY, AND THE POINT OF BEGINNING; EASTERLY ALONG 'PHE'ARC OF SAID CURVE THROUGH A CENlRAL ANGLE OF' 3' 87.33 FEET TO A POINT ON THE CURVE; THENCE ALONG THE CENTERLINE 01 EXJ'S'J'INC; EASEMEN'l' S 9O58'58" W 10.00 FEET 1'0 A POIN'I' OF 'l'ICIIM1~4A'I'I~ SAID EXISTING EASEMENT AND THE TRUE POINT OF BEGINNING; TIIENCE S 9O58'58" W 18.00 FEET TO A POINT OF TERMINUS. nISTiuCrr EASEMENT FILE NO.. 83-235405, DATED 7/21/83) BEING A 14. o( 1 C:ld.IWI) 8 7 - C EXHIBIl a 0 SHEET : LINE "J" (AN EXTENSION OF AN EXISTING COSTA REAL MUNICIPAL WATER DISTRICT EASEMENT FILL; NO. 83-235405, DATED 7/21/83) BEING A 14.C WIDE EASEMENT LYING 7.00 FEET EACH SIDE: @F THE FC)LL@WING PEScRIB'r; CENTER LINE: COMMENCING AT A 3/4" X 18" IRON PIPE MONUMENT WITH 1 AND 20 ON TIIE SOU'l'IILCIELY RlGll'l' L)F WAY Ll NE Oil' I'ALUPIAR UAKS HAY AC( TO MAP NO. 10198, ANLI BEING 'THE POIN'I' OF BEGINNING. 'I'IIENCE N 06O; 187.97 FEET; THENCE ALONG THE CENTERLINE OF SAID EXISTING EASEMEb S 3O39'57" W 10.00 FEET TO A POINT OF TERMINATION OF SAID EXISTIb EASEMENT AND THE TRUE POINT OF BEGINNING; THENCE S 3O39'57" W 14. TO A POINT OF TERMINUS. LINE "K" (AN EXTENSION OF 'AN EXISTING COSTA REAL MUNICIPAL WATER EASEMENT FILE NO. 81-294627, DATED 9/15/81) BEING A 14.00 FOOT GI1 EASEMENT LYING 7.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CEb COMMENCING AT A 3/4" X 18" IRON PIPE MONUMENT WITH DISK MARKED R. 18673, PER MAP NO. 10198, SAID HONUMENT. BEING THE COMMON CORNER C 10 AND 20 ON TIIE WESTERLY RIGHT OF WAY LINE OF PASEO DEL LAG0 ANI POINT OF BEGINNING; THENCE FROH SAID POINT OF BEGINNING NOR'I'HEASl ALONG THE ARC OF A 213 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY TE CENTRAL ANGLE OF 4O13'14" 15.69VTO A POINT ON THE CURVE; THENCE F THE NOIE'I'IIWESTERLY LINE OF SAID I~XISTING EASEblENT N 61O 39' 32" W 31 'YO THE TRUE POINT OF BEGINNING, THENCE N 28O20'28" E 9.00 FEET '1'C OF TERMINUS. MARKED R. C. E. 18673, SAID MONLIMEN'T BEING THE COMMON CORNER OF LO'] r;IlwD 87- c -x.>Tx--. ~ v-d HY txra CCCNTY MCNIN MAP LIS. PROJ.. EXHlBll c PROJECT NAME: NO. PL 28144 "0 A. .. .MAD/SON SUIAPE J€fEf b'AV~h'7- L CMWD 87-c. 227 t XH/W/7 .met SUE€TL!F5 . -, LEN (i TlJ L I NES "4,6,C,H I J" s 03 39'57" w 10.00 S 03 39'5'1" W S 86 20'03" E S 03 39'53" W - CMWD 87-C. 227 e7439 I. fl~dfr whf?iwAs5fl/ATE5 . 7875 CcWVOYMI/k'~SI//?F A-. &7./'9 CMWD 87-c.2~ -, ~ -~~ CMWD 87-C.227 c7-t 39 , .+ -~~~ EIM/8/7- wgIr SHEET 5 dF 5 LINES '6 -! K" 0 0 N 61"3@32 'Ne '* ffENR Y WdRi EY AS5K/!TE5 7875 CONYOYfUUR~Sff~lE A-2 5AN D/EGe CA YZ/// /s/) 571- 7728 CMWD 87-C.227 v 87 I dh e CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated September 9, 1988 from Madison Square Development I1 to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California pursuant to resolution No. 88-399 , adopted on November 22, 1988 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: November 23, 1988 I BY: Lz&t?G .PC& ALETHA L. RAUTENKRANZ, City Flerk 1 2 3 4 5 6 7 a 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 RESOLUTION NO. 88-399 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED. WHEREAS, Madison Square Development I1 have submitted a Gra conveying an easement to the City of Carlsbad for water main purpose! portion of Lot 9 through 16 of CT 80-38; and WHEREAS, the City Council of the City of Carlsbad has determined in the public interest to accept said Deed; I NOW THEREFORE, BE IT RESOLVED by the City Council of the City of C California, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed from Madison Square Development “I September 9, 1988, conveying an easement for water main purposes over a of Lots 9 through 16 inclusive of CT 80-38, to the City of Carlsbad whi file with the City Clerk and is incorporated herein by reference, is ac That the City Clerk is authorized to cause the original De 3. recorded in the Office of the County Recorder of San Diego County, California, with the appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carls Council held on the 22nd day of November , 1988 by the following wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and NOES: None ABSENT: None ATTEST: (ef k (SEAL)