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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 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 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” 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 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 @