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Home My WebLink About1967-10-03; City Council; Resolution 14403 2 r , 1, 1 ! , 3. California the proper civic Center 13 1 3.4 la, I 15 1 I )resently stands, a EED is attached hereto RESOLUTION NO, resolve as follows: e Mayor of the City of Carlsbad is hereby authorized and directed to execute on behalf 0 I 12(' md by this refe 2, The Mayor of the City tnd directed to execute on behalf of the City o ;ertain RIGHT OF WAY CONTRACT - STATE HIGHWAY, nd by this reference incorporated herein, also 18 19 20 21 2i 23 24 25 26 21 28 29 30 31 32 GRANT DEED (CORPORATION) . .. . .- . . . . - - SPACE ABOVE THIS LINE FOR RECORDER'S USE 1 DISTRICT 1 COUNTY I ROUTE I SECTION I NUMBER I organized and existing under and by virtue of the laws of the State of-- c4-~/FeE/v;A , does hereby GRANT to the STATE OF CALIFORNIA all that real property in the-------C@~-& Carlsbad County of--.&G QieP&---__-, State of California, described as: FORM RW-7 (REV. 4-60) EST. 98%. 93197 8-61 IOM 0 SPO 2 . .. . . .. . . . . . . . &" . I*. - .-. -. . - .- - ..,.. . ... . - .- . I t-- That portion of Tract 117 of Carlsbad Lands, iircording to Map thereof No. 1661, filed in the office of the County Recorder of San Diego County, March 1, 1915, described as follows: Beginning at a point on the Northerly line of said Tract 117, distant along said Northerly line N,89*25*23"We, 694.87 feet from the Northeasterly corner of said Tract 117; thence along a tangent cmve to the left, with a radius of 50.00 feet through an angle of 90*29'19'', a distance of 78.97 feet; thence from a. tangent which bears S.39°3294$"E., along a curve to the left, with a radius of 720.00 feet through an angle of 22*19*43", a distance of 280.59 feet to a point of reverse curvature; theme along a curve to the right, with a radius of 630.00 feet, through an a&e 05 20 05'24", a distance of 220.90 feet to a point of reverse curvature; thence along a curve to the left, with a radius of 52.00 feet, through an angle of 82°1.4'50f'2 a distance of 74.65 feet to the Southeasterly line of Tract 1117; thence alovg said southeasterly line S ,55°58*03s'W., 134.66 €eet; thence leaving said Southeaster- ly line along a tangent curve to the left, with a radius of 25.00 feet, through an angle of 96"51'00", a distance of 42.26 feet to a point of compo~nd curvature; thence along a curve to the left, with a radius of 570.00 feet, through an angle of 20 59'34'', a distance of 208.84 feet to a point of reverse curvature; thence along a curve to the right, with a radius of 780.00 feet, through an angle of 18 18'45", a distance of 249.30 feet to the Northeasterly line of land described in deed to the State of CalPfornia, recorded December 12, 1951, Book 4317, page 590 of Official Records; thence along said Northeasterly line N.3LtQ03*3-7"W., 131.35 feet to the Southeasterly line of land described in deed to the State of California, recorded December 6, 1959, Book 4312,.page 236 of said OEficiaS. Records; thence along last said Sslatzh- easterly Prne N.30°25*05"E,, 24.85 feet to said Northerly line of Tract 117; thence along said Northerly line S.89°25023P'E., 121.49 feat go the point of beginning . Containing 38,463 square feet. TOGETBER with the reli~quiskrment o€ all ceasemi" of access appurtznant tQ Grantor's remaining property, in and to P~O ~ico rive, resuIeing frm the closing of Pi0 Pic0 P)rfve at the freeway a'kmg %he fs2"awkng described line : Beginning at a poi9.e: on the Southeasterly Sine of said Track 917, distant along said Southeasterly line S.55"58'03"W,, 631.67 €e& from the Soukh- easterly corner of said Tract 117; thence rrcm a tangent which bears N.3g048 3%"W0, along a cizrve to the right, with a rzuius of 2952 feet, threugh an angle of 13"U4'3O9', a distance of 445.45 feet; thence N,%6*4P*QI.'*W., 194.82 feet; thexe N.27°53'01"W., 166.95 feet. The bearings and distances used in ehe above description are on the California Coordinate System, Zone 6. above descripti~n by 1.0008472 to obttah grouad ievd distances . Nu2tipI.y all distances used in the The grantor further understands that the present intention of the grantee is to construct and maintain a pubIic highway on the lands hereby conveyed in fee and the grantor, for itself, its successors and assigns, hereby waives any claims for any and a11 damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be af6xed hereto, thii5day of flCra3BER ,19&-4. 9- Secretary [CORPORATE SEAL.] Stztt of Czliforzisj >ss. Ccunty 0: Sa;: Di'zgo) d .r ls5 or ad $ (CERTIFICATE OF ACCEPTANCE, GUVT. CODE, SECTION 2728 I ) THIS Is To CERTIFY, That the State of California, grantee herein, acting by and through the Department of PzrGlic Works, Division of Highways, hereby accepts for pblic @rposes the reaal property, or interesf therein, conveyed by the within deed and consents to the recordation thereof. IN WJTNESS WHEREOF, I have hereunto set my hand this day of ------, 19- --_ Director of Public Works Attorney in Fact .. P.M. RIW E. A. Dim. COUNTY RTE. SD 43,3-51.6 039712 0 Grant Deed Document No ._I______- 14576 -in the form of L- Y covering the property particularly described therein has been executed and delivered to- ItCE%fiT c~oIs~T~-Right of Way Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follaws: 1. The parties have herein set forth the whole of their agreement. The performance of this agree- ment constitutes the entire consideration for said document and shall relieve the State of ail further obligation or claims on <.his accolmt, or on account of the location, grade or construction of the proposed public improveaent. 2. The State shd: (A) Pay the undersigned grantor (s) the sum of $119 239 00 for the properv or interest conveyed by above docment(s) when title to said property vests in the State free and clear of d liws, encumbrznces, assessments, easements and leases (recorded and/or un- recorded), and taxes, except: a. Taxes for the fiscal year in which this escrow closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at &e close of escrow. b. Covenants, conditions, restrictions and reservations of record, or contained in the above referenced document. c. Easemen~s or rights of way over said land for public or quasi-public utility or public d, e e fect of municipal taws, prdigance8 and regulatsons Evie5, created or passea by tne City 02 Carlsbad, ir any. e, The right and easement to enter and remwe a pi eline as Book 714, Page 419, of Official Records. by Dead recorded December 6, 1951, in Book 4312, Page 236, of Official. Records. street p'wposes, if any. reserved in Deed filed for record Wovenber 30, P 937, in f. Access rights as reliiquished to the State of California This transaction will be handled through an escrow with the Title Insurance & Trust Company of San Diego. Lx___ --- ----- w and TeCQrding fees incurred in this transaction, s desir3d by the State, tiiz pre-iriun charged therefor. Said escrow and recording c:harges shall not, however, include reconveyance fees, trustee's fees, or forwarding fees for any full reconveyance of deed of trust or full release of mortgage. construct paved road ap:,roach right of Engineergs Station 214+00+, Degartmmt of Public Works Survey from 3.2 Xi. S. of Route 78 to S. end of aceanside Boulevard Interchange. It is understood and agreed that upon completion of work of construction of the road agproach above mentioned, said road approach shall be considered as an encroac'nment under perdt upon the State highway and is to be maintained, repaired and operated as such by grantor(s), in accordance with and subject to the laws of the State of California and the rules and regulations of the Division of Highways, Department of Public Works os" said State. (C) At no expense to grantorfs) and at the time of construction, 3. Perlllrissisn is hereby granted the State or its authorized age-rlt to enter upen grantor's land, where necessary, for purp~se of constructing road approach as described in Clause 2(C) of tnis contract. Graator(s) understands and agrees that, upon completion of the work described In Clause 2(C) of this ccdrzct, said road approach located upon the grantoTgs land shall be considered as thp_ sole property or' the gran'cor(s), the maintenance aid repair of said proprty to be that of thz grantor(s). 4. Zt is understood and agreed by end between the parties hereto that payment in Clause 2(A) above includes, but is not limited to, payment for 8 C b d e f fT h Asphalt surfacing, landscaping and shrubs All venetiari bfl-nds All fluorescent and other lighting fixtures A11 cabinets, shelves, coxxters and bookcases Built-in oven,range, vent fan and hood One 3.6' high flag mst One 1,003 galion underground gasoline storage tank Qne Wayne gasoline pump, Model No. 500, Serial No. pump shelter, 6258 with which are considered to be part of the realty and are being acquired in this transaction. 5. Grantor(s) reserves the right to retain and remove from the premises the following items : One "Roto-Lite" copier and developer One wall-mounted rollmap rack One Lafaget'ce 5-station intercom one Circul-Air hose dryer, Serial No. 6366 One 101 x 41 workbench One 2-tier 181 x 6~ hose rack Seven roof-inounted radio antennae Telephone relay system, including stations, switches, teletype and master switch board (i) Wolverine Diesel auxilliary generator, type B6B-9, 4icA It is further understood and agreed that said items shall be removed in their entirety on or before the close of escrow or at the temirtation of any rental. agreement with the State. at grantor's expense within the said time limits, for any reason wnatsoever, grantor's rights to retain and renriove said items shall terminate and said items shall become the property of the State to dispose of as it sees fit. 6. It is understood and agreed that payment in Clause 2(A) includesl but is not limited to, papent for any arid all darnages in and tu grmtor s remaining property czrtsed 5y reason of the conveyance of the property des- cribed in said Docuxtent No, 14574 or by rason of the construction of the highway inprovemmt in the mmer proposed, 7. It is understcod and agreed that the State, at the request of the undersigmd grantor(s) shall. not make payment of the amount set forth in Clause 2(A) above until after request (s), in writing, paymeat at sn earlier date. In consideration for such defayed payment, grantor(s) agrees that should the condi";ion of the improvements located OR the property described in the above-refereaced document be wterlally changed, except for nor;nal wear and tezq~, or be rerzlsved from the property prior to the above date, this agreement shall be voidable at the option of the State and be the subject 02 further negotiations. In the event: said items are not removed _- , . unless grantor(s) I_ .- . IN Wmzsss WIFEIIEOIP, the parties have executed Recommended for Approval: STATE OF CALIFORNIA DEPARTMENT OF ~LIC WORKS _-_I---- DIVISION OF HIGHWAYS Right of wdy Apt BY e ll-SD-5-49.4 R/w 14577 being the owner of CheEal property in the City of Carlsbad, County of San Diego, State or" California, described as: All that portion of Tract 117, Carlsbad Lands, County of San Diego, State of California, according to Map thereof No. 1661, filed in the office of the County Recorder of San Diego County, March 1, 1915, described as r'ollows: Beginning at a point on the Northerly line of said Tract 117, distant thereon N .89 "57 'W., 843.55 feet from the Northeasterly corner of said Tract 117, beiag the Northeasterly comer of that certain tracl of land conveyed to Augusta ASK~US, by deed dated October 20, 1922, and recorded in Book 908, page 423 of Deeds; thence 5,34"33'E., alcng the Easterly line of said Asinus' Land, arid along the Easterly line.of that certain tract of land conveyed to W. 5;. Brown, and Anna Brotm, husband and wife, by deed dated Felsruary 17, 1925, and recorded in 8ook 1065, page 308 of Eeeds, 46S feet to the true soint oZ beginning; thence ~,55'27~E., 75 feet; thence 5.34"33'k., 253.36 feet to a point in the Southeasterly line of said Tract 117; thence S.55°27f?~J., along said Southeasterly line 75 feet to the Southeast corner of said Brown's land, referred to above; thence N.34'33'W., along the 3st line of said Brotm's land, 153.36 feet to the true point of beginning, do hereby re- lease and relinquish to the State of California any and all abutter's rights, including access rights, appurtenant to the above described property, Ln 2nd to the adjacent State highway right of way, over and across the follo~ing described line: Begkning at a point on the Southeasterly line of said Tract 117, distmt along said Southeasterly line S,55O58'03''TJ., 631.67 feet from the Southeasterly comer of said Tract 117; thence from a tangent which bears i'i.39*48'31!'W., along a curve to the righe, with a radius of 1952.00 feet, through an angle of 13"04'30", a distance or' 445.45 feet. - This conveyance is nade €or the purpose of establishing said State highway by the Grantee as a freevay and it is agreed that grantor's above described property shall have no access thereto. The bearings and distances used in the above description are on the California Coordinate System, Zone 6, ;"'lul-ti~ly all distances used in the above descri?tion by 1.0000472 to obtain ground level. distances. IN WITNESS I.T.TWOF, we have hereuneo set our hands and seals i f io e * ) ss. STATE OF CALIFORNIA COUNTY OF 5hH D 15 00 w -x -I a W , known to me 4 to be the person - whose name subscribed c (b to the within instrument and acknowledged that sfk I executed the same. 4 WITNESS my hand and official seal. . 1 Signature f, &CLSc/d Name (Typed or Printed) (This area for official notarial seal) *_ -. . St2ts 05 Cafitorniaj i. F ALICE E. GREENWOOD, et a1 S G7LantOr- Document No 14577 -.....----in the form of a _________________ Relinquishment of Access Rights, - covering the property particularly described in the above instrument has been executed and delivered to R@@%T--c$&T% Right of Way Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth'the whole of their agreement. The performance of this agree- ment constitutes the entire consideration for said document and shali relieve the State of all further obligation or cfaims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The State shall: (A) Accept title to the property or interest in property conveyed by Relinquis'nment of Access iiights No. /4 5 79, (B) Pay all escrow and recording fees in this transaction. This transaction will be handled through an escrow with the Title Insurance and Trust Company of San Diego. fN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. -- _____-I_-- --- Grantor- Recommended for Approval: By- __ Right of Way Agent By _____ ___.__ SujeTvising Right of Way Agent STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS Drv~sro~ OF HIGHWAYS