Loading...
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 1 0‘ 0 ‘ROJECT NAME: Project No. Exhibit No. Iasement for Road Purposes Along the East Side If Carlsbad Municipal Water District 99-l 06 1 0 % -_- - ** 1 k . A. HEDKVMDA 3 3 L I I n. v i i i t I I I I I I I I I I I I I I I . 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. ;:;;a;;;; (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, l070ELll LCL Dw 9 I : .) !. 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 IO7Dtm LGL.Doc IL B II * lRD : Lj 4 . 0 s: A.P.N. 209-050-29 SEETALBOW r, &I p-2 CJI %* e c 7 K! \ \ \ \ -- WV s - - - ;. -A- DErALpm2 AP.K 209-050-19 c4RLSBAD MUNIC?A L WA TER D/S TRICT -N,r C”J_51 CK!?~ \ \ xtsnrvc 1 CAMNO w LINE REAL 0 RC&52581 N- .rkrII 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!!; I E’?/‘/ T 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 / I I I I I I I I I .I I I I I I I I A.P.N.: 2og--050-z Ill- -0 8 I * Fm : Lj a 0 s: 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 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. 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 1 2 z 4 G ” 6 7 E 9 1c 11 1% 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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