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Home My WebLink About2001-11-06; City Council; Resolution 2001-3321 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. 2o01-332 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE ACQUISITION OF EASEMENTS FROM THE ARIE DE JONG JR. FAMILY TRUST FOR POINSETTIA LANE, CITY PROJECT NO. 3673. WHEREAS, the City of Carlsbad has designed Poinsettia Lane to extend from Black Rail Road to just west of Ambrosia Lane; and II WHEREAS, the roadway for the above described segment of Poinsettia Lane is located across private property owned by the Arie de Jong Jr. Family Trust, therefore, permanent roadway, drainage and slope easements and a temporary construction easement are required to construct, operate and maintain the roadway; and WHEREAS, the City has prepared the required grant deed, legal description and plat for the easements and offered the Arie de Jong Jr. Family Trust the total sum of $230,588 for the easements, and trustees of the Arie de Jong Jr. Family Trust have agreed to the City’s offered amount for acquisition of the easements; and WHEREAS, there are sufficient funds available to obtain the easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the attached grant deed be approved and accepted and the City Clerk is directed to attach her certificate of acceptance and cause the deed to be recorded in the office of the County Recorder. /II Ill Ill Ill I// Ill Ill II 1 3. That payment in the total amount of $230,588 be authorized and paid to the 2 Arie de Jong Jr. Family Trust from the project account after recordation of the easements with the 3 County Recorder’s Office. 4 5 6 7 8 9 10 11 12 16 17 18 19 20 21 23 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 6th day of NOVEMBER I 2001 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES: None KAREN R. KUNDTZ, Assistant City Clerk (SEAL) 24 25 26 27 28 Page 2 of Resolution No. 2001-332 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT - SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $Q ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. Assessor’s Parcel No.: 215-080-01 Project No. & Name: 3673 Poinsettia Lane, Rlackrail Road to Zone 19 ( ) Unincorporated area: (x) City of Carlsbad, and GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Arie de Jong Jr. and Anna P. de Jong, Trustees of the Arie de Jong Jr. Family Trust hereby GRANTS to 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 SLOPE, TEMPORARY CONSTRUCTION, PUBLIC STREET AND DRAINAGE PURPOSES over, under, upon and across said real property as described in Exhibit “A” consisting cf four (4) pages, attached hereto and made a part hereof. Exhibit “B” consisting of three (3) pages is attached for clarity only. DATED g/28/01 STATE OF CALIFORNIA 1 i COUNTY OF SAN DIEGO 1 On before me, Name: Arie de Jong, Trustee $ z (Type or Print) (here insert name and title officer), personally appeared Art& Ck~CW 4 &ula !? C&/y Title: personally known to me (mf (Type or Print) s-to be the person(s) whose name(s) ie/@subscribed to the within instrument and acknowledged to me that h&heexecuted the same in hi&her/m authorized capacity(ies), and that by hi&&t on the instrument the person(s), or the entity of which the person(s) acted, executed the Instrument. Name: Arm P. de Jong, ‘kustee (Type or Print) Word\Masters\Forms\Grant Deed of Easement - City Title: (Type or Print) nra LOVATO h m$y$!+y’z g smmcanRy z 6/1/w L4vr- c%Y.iwR hdP -. 3 EXHIBIT “A” LEGAL DESCRIPTION A.P.N. 215-080-01 PROJECT NO. 3673 PARCEL 1 (POINSETnA LANE) THE SOUTHERLY 51 .OO FEET OF PARCEL “C” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 3,1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, EXCEPTING THEREFROM THAT PORTION OF SAID SOUTHERLY 51.00 FEET LYING WITHIN BLACK RAIL ROAD AS SHOWN AND DESCRIBED IN DEED RECORDED DECEMBER 26,1997 AS FILE NO. 1997-0658902 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. TOGETHER WITH THAT PORTION OF SAID PARCEL “C” LYING BETWEEN THE NORTHERLY SIDELINE OF THE HEREIN DESCRIBED PARCEL 1, AND THE EASTERLY SIDELINE OF SAID BLACK RAIL ROAD AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST TWO MENTIONED LINES. PARCEL 2 (DRAINAGE EASEMENT) THAT PORTION OF PARCEL “C” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A 30.00 FOOT WIDE STRIP OF LAND LYING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL “C” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 3,1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH 01°21’12” WEST, PAGE 1 OF 4 :PV M:\2322\00l\Legal Description&A05 OlAXdoc WO 2322-l 5/29/01 51 .I2 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1; THENCE ALONG SAID NORTHERLY LINE, NORTH 87O29’27” WEST, 465.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE NORTH 66’43’56” WEST, 188.96 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID 30.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHEASTERLY IN THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1. PARCEL 3 (DRAINAGE EASEMENT) THAT PORTION OF PARCEL “c” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL “C” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 3,1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH Ol”21’12” WEST, 51 .I2 FEET TO A POINT ON THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1; THENCE ALONG SAID NORTHERLY LINE, NORTH 87O29’27” WEST, 158.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, NORTH 13O14’26” EAST, 101.51 FEET TO A POINT HERINAFTER REFERRED TO AS POINT “A”, SAID POINT ALSO BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN SAID NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1. PAGE 2 OF 4 :PV M:\2322\001\Legal Descriptions\AOS OlA3.doc WO 2322-l 5/2g/Ol PARCEL 4 (DRAINAGE EASEMENT) THAT PORTION OF PARCEL “C” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A 30.00 FOOT WIDE STRIP OF LAND LYING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE HEREINABOVE DESCRIBED POINT “A”; THENCE NORTH 13’14’26” EAST, 30.00 FEET TO THE POINT OF TERMINUS. PARCEL 5 (SLOPE EASEMENT) THAT PORTION OF PARCEL “C” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL “C” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH 01°21’12” WEST, 51.12 FEET TO A POINT ON THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING; NORTH 87O29’27” WEST, 1285.10 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85’27’24”, A DISTANCE OF 37.29 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID BLACK RAIL ROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 02°02’03” WEST, 36.04 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, SOUTH 89”19’00” EAST, 603.19 FEET; THENCE NORTH 85°58’OO” EAST, 206.98 FEET; THENCE NORTH 14°45’OO” EAST, 94.12 PAGE 3 OF 4 :PV M:\2322\001\Legal Description&A05 OlA3.doc WO 2322-l 5129101 b FEET; THENCE SOUTH 65’53’00” EAST, 172.45 FEET; THENCE SOUTH 86’52’00” EAST, 189.30 FEET; THENCE SOUTH 45’46’00” EAST, 179.84 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL “C”; THENCE ALONG SAID EASTERLY LINE, SOUTH Ol”21’12” EAST, 8.49 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 6 (TEMPORARY CONSTRUCTION EASEMENT) THAT PORTION OF PARCEL “C” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A 10 FOOT WIDE STRIP OF LAND, THE NORTHERLY SIDELINE BEING PARALLEL WITH AND 10.00 FEET NORTHERLY OF THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 5. THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE EASTERLY IN THE EASTERY LINE OF SAID PARCEL “C” AND WESTERLY IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID BLACK RAIL ROAD. DANA MICHAEL SEGUIN L.S. 6215 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 4 OF 4 :PV M:\2322\OOl\Legal Descriptions\AOS OlA3.doc WO 2322-l 5/29/01 CERTINCATE OF COMPLIANCE BASIS OF BERRINGs= THE BASIS OF BE4RINGS FOR THIS -- -- -- DRAWING IS A PORTION OF THE NORTHERLY LINE OF FRACTIONAL SCTION 22, T12S, R4w, S.&U., PER MP NO. 13429, i.e. N 89’57’43”E. NOTE: DATA SHOWN HEREON IS BASED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715, 6269, 10774, 12096. 13762 AND 14630. RECORD OF m SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS FOR PROPERTY LINES SHOWN HEREON AS TO THE LOCA TtON OF PROPERTY OR 0 WNERSHIP LINES. VICINITY MAP LEGXL DESCRPTION NO SCALE PARCEL “C” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 1 I. 1997. HUNSAKER DOC. NO. 1997-O 106632 OF OFFIUAL & ASSOCIATES RECORDS, SAID PARCEL %” LYING WITHIN SAN DIECO. INC SEC. 22, T. 12S., R4W., S&M., IN THE CITY OF CARLSBAD, COUNTY OF SAN PLANNING 10179 Hwmekem St Sute 200 DIEGO, STATE OF CALIFORNJA. ENGINEERING San Diigo, Ca 92121 %JRVWlNC PH(6l9)558.4500 FX(619)55&l414 R:\tWO6\LItwfUCQf.om; SHEET 1OF 3 omhx7o~ PUT - cm of CARLSBAD SPUCAKT: PREPARE0 By: PROJECT: A.P.N.: CITY OF CAIuBArJ 2075 LAS P&MA!3 ORliE CAidSEAD, CA 92009-1576 (760) 436-1161 EXPIRES: 3/3 l/O2 PRAIZCT NO. 3673 PORTlON OF BLACK RAIL ROAD DEDICATED PER DEED RECORDED 12-26-1997, AS FILE NO. 3 1997-0658902 OF OFFlClAL RECORDS. gs .s AP.N. PARCEL 6 215-080-01 N 8S58’OOnE N 89~19’OOW 603.79’ LEGEND: INDICATES STREET DEDICATION 1.534 ACRES INDICATES DRAINAGE GISEMENT DEDICA TION INDICATES SLOPE &4SEMENT DEDICATION ri INDICATES TEMPORARY CONSTRUCTION : ..’ ,. ,. : ;.:,. ( ,. :; tXEMENT DEDICATION HUNSAKER & ASSOCIATES , o. SAN OIEGO, INC 0 100 200 300 PL4NNINC 10179 Huemekens St Suite 200 ENGINEERING San D&o, Ca 92121 SCALE 1” = 100' SURVEYING PH(619)5584500~ FX(619)558l414 R\om3\oot?acmDm: SHEET 2 OF 3 OEDlC4TloN PLAT - CITY OF CMLSR4D SPLICANT: ‘oREPARED By: PROJEW A.P.N.: CITY OF cAftsBAo 2075usPkMAsmlvf CARLSBAO, CA 92009-1576 (760) 436-1161 PRIXIZCT NO. 3673 EXISTING 100’ SDG&E EASEMENT pm&L 2 aiil HUNSAKER b’ & ASSOCIATES SAN DIEGO. INC 100 0 100 200 300 PL4NNINC ?0179 Htennekens St Suite 200 ENGINEERING San Lbiio, Ca 92121 SCALE 1" = 100' SURVEYING PH(6l9)558.4500 fX(619)558.1414 Ri\om6\t3oo6Lca3.fJllG SHEET 3 OF 3 DEDlC477ON PLAT - C/N OF C4RLSBAD iPPLK%NTi bREPARE0 By: PROJECT: A.P.N.: y$=&pEv Cl-R OF CAasBAo 215-080-01 2075 LAS PALMS CRIVE G--of cfMslR&m iLAsmwT CARLSBAO, CA 92009-1576 (760) 436-1161 EXPIRES: 3/31/02 PRUECT NO. 3673 EXHIBIT “B”