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Home My WebLink About2002-06-04; City Council; Resolution 2002-162I 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. 2002-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ACQUISITION OF EASEMENTS FROM THE DAYBREAK COMMUNITY CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE CHURCH OF COASTAL NORTH COUNTY FOR POINSETTIA LANE REACH C. PROJECT NO. 3674. WHEREAS, the City of Carlsbad has designed Poinsettia Lane Reach C to extend from 3lack Rail Road to just west of Ambrosia Lane; and WHEREAS, Poinsettia Lane Reach C is located across private property owned by the laybreak Community Church of Coastal North County; and WHEREAS, permanent roadway, drainage and slope easements and a temporary :onstruction easement are required to be obtained from Daybreak Community Church of Coastal rlorth County to construct, operate and maintain the roadway; and WHEREAS, the City has prepared the required grant deed, legal description and plat for he easements and offered the Daybreak Community Church of Coastal North County the sum of 662,572 for the easements; and WHEREAS, the Daybreak Community Church of Coastal North County has agreed to accept the City's offer of $62,572 plus they will pay for one-half the costs of the Poinsettia Lane 'rontage improvements across APN:215-080-04 with a maximum cost of $30,000 with the Iayment occurring at the time any City permit is obtained for APN:215-080-04; and WHEREAS, the Daybreak Community Church of Coastal North County has agreed to Iay the City to quitclaim back to the Church any portion of the easement on Parcel 4 of 4PN: 215-080-04 no longer needed, should the Church adjust ground levels on the parcel upon ts future development reducing the required slope easement, the amount the City paid for its wrchase of that portion of the easement; and WHEREAS, there are sufficient funds available to obtain the easement YI 11 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 3. That payment in the amount of $62,572 be authorized and paid to the Daybreak Community Church of Coastal North County from the project account after recordation of the easements with the County Recorder's Oftice. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 4th day of JUNE , 2002 by the following vote, to wit: AYES: Council Members Lewi chin, Finnila, Nygaard, Hall RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Assessor‘s Parcel No. 215-080-04 Space above this line for Recorder‘s Use Project No. 8, Name 3673 ( ) computed on full value of property conveyed, or Poinsettia Lane, Blackrail Road to Zone 19 ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad. and encumbrances remaining at time of sale. CORPORATION GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO G~NTS to Da break Community Church of Coastal North County organized as California non-profit religious corporation, hereby City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: easements for SLOPE. PUBLIC STREET. DRAINAGE AND TEMPORARY CONSTRUCTION PURPOSES over^ ~, ~ ~~~~~~~ under, upon and across said real property as described in Exhibit “k consisting of three (3) pages, attached hereto and made a part hereof. Exhibit “B” consisting of two (2) pages is attached for clarity only. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and Secretary thereunto duly authorized. ~ ~~~ ~ ~~~ ~~ ~~ ~~~~ . ~ ~~ ~~ DATED: Davbreak Communitv Church of Coastal North Countv. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) (here insert name anb title of officer). Dersonallv - . (TvDe or Print) ’ tDFR appearedhln W.( personally known to me (-is Title: SESlrVc NT acknowledged to me that befshelthey executed the name(?,) idare subscribed to the within instrument and same in hkhr/their authorized capacity(ies), and that by histtrer/their signature@) on the instrument the person(s), or the entity upon behalf of which the Name: L>,\\;o~ F\& person(s) acted, executed the instrument. (Type or Print) I. . %,b& mh IJL//;m Ll,& . _. 0- )to be the penon(s) whose By: WITNESS my hand and official seal. Title: ~~~s,~~~ (Type or Print) MASTERSIFORMSICORP GRANT DEED OF EASEMENT Rev 5-15-97 .f Wersonally known to me 0 proved to me on the basis of satisfactory 3 evidence <* to be the person(s) whose name(s) Mare subscribed to the within instrument and acknowledged to me that h&k/they executed the same in hkkfftheir authorized signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. capacity(ies), and that by hkfher/their F, OPTIONAL $ Though the information below is not required by law, it may prove valuable to persons relying on the document c and could prevent fraudulent removal and reanachmenl of this form to another document. 2 $ Description of Attached Document 2 Title or Type of Document: f Document Date: Number of Pages: ,? Signer@) Other Than Named Above: $ g Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Csrporate Officer -Title@): 0 Attorney in Fact 0 Partner - 0 Limited General 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: u 6 EXHIBIT “A” LEGAL DESCRIPTION A.P.N. 215-080-04 PROJECT NO. 3673 PARCEL “1” (POINSETTIA LANE) THE NORTHERLY 51 .OO FEET OF THAT LAND DESCRIBED IN DEED TO GREGORY R. NELSON AND BARBARA L. NELSON RECORDED OCTOBER 31,1989 AS FILE NO. 89- 591721 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BEING THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER 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. ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PARCEL 2 (DRAINAGE EASEMENT) THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER 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, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. 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 NORTHEAST CORNER OF THAT LAND DESCRIBED IN SAID DEED RECORDED OCTOBER 31,1989 AS FILE NO. 89-591721 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH OIo1 1’31” EAST, 51.1 1 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1; THENCE ALONG SAID SOUTHERLY LINE, NORTH 87O29’27” WEST, 166.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 04O43’50” EAST, 20.42 FEET TO THE POINT OF TERMINUS. PAGE 1 OF 3 :PV M:\2322\001\Legal DescriptionsW03 01M.doc WO 2322-1 5/29/01 THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHERLY IN THE SAID SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1. PARCEL 3 (SLOPE EASEMENT) THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER 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, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THAT LAND DESCRIBED IN SAID DEED RECORDED OCTOBER 31.1989 AS FILE NO. 89-591721 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH OIo1 1'31" EAST, 51 .I 1 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY LINE, NORTH 87O29'27" WEST, 334.23 FEET TO A POINT ON THE WESTERLY LINE OF THAT LAND DESCRIBED IN SAID DEED RECORDED OCTOBER 31, 1989 AS FILE NO. 89-591721 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE ALONG SAID WESTERLY LINE, SOUTH 01°24'14" EAST, 38.95 FEET; THENCE LEAVING SAID WESTERLY LINE, NORTH 89O4600" EAST, 217.75 FEET; THENCE SOUTH 64O24'00" EAST, 54.88 FEET; THENCE SOUTH 89O37'00" EAST, 66.71 FEET TO A POINT ON THE EASTERLY LINE OF THAT LAND DESCRIBED IN SAID DEED RECORDED OCTOBER 31,1989 AS FILE NO. 89-591721 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE ALONG SAID EASTERLY LINE, NORTH 01°11'31" WEST, 47.59 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT) THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 12 PAGE 2 OF 3 :PV M\2322\001\Legal DesWptionsW03 OlA2.doc WO 2322-1 5/29/01 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. DESCRIBED AS FOLLOWS: BEING A 10 FOOT WIDE STRIP OF LAND, THE SOUTHERLY SIDELINE BEING PARALLEL WITH AND 10.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 3. THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE EASTERLY IN THE EAST LINE OF SAID DEED RECORDED OCTOBER 31,1989 AS FILE NO. 89-591721 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY AND WESTERLY IN THE WEST LINE OF SAID DEED RECORDED OCTOBER 31, 1989 AS FILE NO. 89-591721 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY. A U-!%- . 5 -4 -01 DANA MICHAEL SEGUIN L.S. 6215 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 3 OF 3 :PV M:\2322\001\Legal DescriptionsM03 OIAZdoc WO 2322-1 5/29/01 CITY OF CARLSBAD TRAGT 03-OQ R.O.S. 554 OCEAN BLUFF MAP NO. 13679 2 8 ,L. I RECORDED 3/11/97. 1997-0106632 A.P.N. 215-080-01 CERTIFICATE OF COMPLIANCE v) - PARCEL %" ,$' 9 f""" POINSETTU I PARWS 2&3 LANE I , poINsETTrA Y///&,,/,,' -"_ A,P.N. 215-080-22 LAN& I RASIS OF BLGWLNGS: THE BASIS OF BEARINGS FOR THIS DRAWING IS A PORTION OF THE NORTHERLY LINE OF FRACTIONAL MAP NO. 13429. Le. N 89'57'43"E. SCTION 22, TlZS, R4W. S.B.M.. PER NO SCALE & ASSOCIATES IAN OIICO.. INC FUNNING lm Huemekm St suite ZOO NOTE: DATA SHOWN HEREON IS BASE0 ON THE FOLLOWING RECORD OF SURVEY MAPS: 584. 4772. 4773. 5715. 6269. 10774. 12096. 13762 AND 14630: -RECORD OF SUR& MAP NO. 14608 SHOWS ALTERNATE LOCATIONS FOR PROPERTY LINES SHOWN HEREON AS TO THE LOCATION OF PROPERTY OR OWNERSHIP LINES. LEGAL DESCRIPTION PORTION OF THE E I/Z, OF mE NE 1/4 OF THE SW 1/4 OF THE SE 1/4 OF SEC. 22, r. 12s.. R4w.. SAM., IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. SHEET 1 OF 2 .. DEDICA77ON PLAT - CITY OF CARLSMD PolNSETTu WE. SLm COIVSTROCm c4!m4€wT PPUCAM: RE PARED BY: PROJECT: A.P.N.: CITY OF CAF(LsBA0 2075 LAS PAUUS DRIVE CM-SBAD, CA 92009-1576 (760) 438-1161 EXPIRES 3/31/02 PROJECT NO. 3673 EXHIBIT "By' mMh TcllpORARy 2 1 5-080-04 - 215-080-04 EXISTING 100' SDGdrE GISEMENT ACRES INDICATES STREET DEDICA TION 0.39 1 DEDICATION INDICATES DRAINAGE EASEMENT p] INDIGXTES SLOPE USEMENT DEDICATION ,. ; ::.: ~ : : :. : ; n EASEMENT DEDICATION ,..::;;j+:. INDICATES TEMPORARY CONSTRUCTION . . . . . . . .; HUNSAKER &ASSOCIATES IAN DIlCO, INC 60 0 60 120 180 I ENGINEERING sa" &go, ca snn PUNNING mi¶ bkm&mnr St suite 200 SURYMNG PH1619)S58.4S00. FXl679lSSl4W SCALE 1" = 60' ~\mos\wosleo2.om: WET 2 OF 2 DEDlcATlON PLAT - ClTY OF C4RLSR4D APPUCAM: REPARED By: A.P.N.: CITY 2075 LAS OF CARLSBM) PALMAS WIVE b@ss*.o, 215-080-04 ps$mR CAF(LsBM). CA 92009-1576 (760) 438-1161 DANA M. SEGUl L. . 6215 EXPIRES: 3/31/02 EXHIBIT "By' PROJECT NO. 3673