HomeMy WebLinkAbout2006-03-21; City Council; Resolution 2006-0641
RESOLUTION NO. 2006-064
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE
ACQUISITION OF A PUBLIC STREET AND PUBLIC UTILITY
EASEMENT FROM BTINV, LLC, FOR THE INTERSECTION
IMPROVEMENTS AT EL CAMINO REAL AND FARADAY
AVENUE. CITY PROJECT NO. 36071.
WHEREAS, the City of Carlsbad has designed the intersection of El Camino Real and
Faraday Avenue to include a right-turn lane from southbound El Camino Real to westbound
Faraday Avenue; and
WHEREAS, the right-turn lane described above is located across private property owned
by the BTINV, LLC, therefore a public roadway and public utility 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 BTINV, LLC, the total sum of $97,535 for the easement, and
BTINV, LLC, has 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.
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3. That payment in the total amount of $97,535 be authorized and paid to the BTINV,
LLC, from the project account after recordation of the easements with the County Recorder's
Office.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 21st day of March , 2006 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: No/
CLAUDE A. LEWIS,1
LORRAINE M. WOOD, City Clerk7 (SEAL)
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
The undersigned grantor(s) declare(s):
Documentary transfer tax is $0.00
( ) 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
Space above this line for Recorder's Use
Assessor's Parcel No. 212-062-15
Project No. & Name 3607
El Camino Real north of Faraday Avenue
CORPORATION GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
BTINV, LLC , 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 PUBLIC STREET AND PUBLIC UTILITY PURPOSES over, under, upon and across said real
property as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. Exhibit "B"
consisting of one (1) page 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:BTINV, LLC
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On
(Name of Company
B,:
before me,
rignaiure}
(here insert name and title of officer), personally
appeared B 1 1 U £ • Ua <j . S
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person^ whose
name(e) is/ajpersubscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/h«r/theif authorized capacity^es}, and that
by his/hef/tbeir signature^ on the instrument the
the entity upon behalf of which the
executed the instrument.
Name: Billy E. Davis, Manager
(Type or Print)
Title:
WITNESS my hand and official seal.
Signature
MASTERS/FORMS/CORP GRANT DEED OF EASEMENT
(Type or Print)
By:
(Signature)
Name:
(Type or Print)
Title:
&1H9ff
^
^ ^ — (Type or Print)
gj>^ KHOAHQANG ~""*"
jQEii CommlMlon* ]S4(ifl97
3BiD Notary PubKc-CoUfomta
EJy7 ^on Otogo County
™^ My Comm. Expire* Jan 2, 2009
,
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Rev. 5-15-97
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: BTINV LLC
APN: 212-062-15
PARCEL A PERMANENT ROAD EASEMENT
THAT PORTION OF THAT PARCEL, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED IN GRANT DEED RECORDED MAY 27, 1997 AS DOCUMENT NO. 1997-
0242597 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL, SAID POINT BEING ON A 1863.00
FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, ALSO BEING A POINT ON THE
SOUTHWESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, A RADIAL LINE TO SAID POINT BEARS
SOUTH 53°55'58" WEST;
THENCE SOUTHEASTERLY ALONG SAID PARCEL, SAID SOUTHWESTERLY RIGHT-OF-WAY AND
SAID CURVE THROUGH A CENTRAL ANGLE OF 02°07'19" AN ARC LENGTH OF 69.00 FEET;
THENCE CONTINUING ALONG SAID PARCEL AND SAID SOUTHWESTERLY RIGHT-OF-WAY
TANGENT TO SAID CURVE SOUTH 38°11 "21" EAST 109.12 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 25.00 FEET;
THENCE CONTINUING SOUTHEASTERLY AND SOUTHWESTERLY ALONG SAID PARCEL, SAID
SOUTHWESTERLY RIGHT-OF-WAY AND SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00"
AN ARC LENGTH OF 39.27 FEET;
THENCE CONTINUING ALONG SAID PARCEL TANGENT TO SAID CURVE SOUTH 51°48'39" WEST
13.00 FEET TO A POINT OF CUSP WITH A TANGENT CURVE CONCAVE WESTERLY HAVING A
RADIUS OF 25.00 FEET;
THENCE LEAVING SAID PARCEL NORTHEASTERLY AND NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 90°00'00" AN ARC LENGTH OF 39.27 FEET;
THENCE TANGENT TO SAID CURVE PARALLEL TO AND 13.00 FEET SOUTHWESTERLY OF SAID
SOUTHWESTERLY RIGHT-OF-WAY NORTH 38°11 '21" WEST 109.12 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1876.00 FEET;
THENCE NORTHWESTERLY CONCENTRIC WITH AND 13.00 FEET SOUTHWESTERLY OF SAID
SOUTHWESTERLY RIGHT-OF-WAY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
02°05'20" AN ARC LENGTH OF 68.40 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY OF
SAID PARCEL;
THENCE ALONG SAID NORTHWESTERLY BOUNDARY NON-TANGENT TO SAID CURVE NORTH
49°09'18" EAST 13.05 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,637 SQUARE FEET MORE OR LESS
ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED
EXHIBIT "B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
MICHAEL SCHLUMPBERGER, PLS 7790 'DATE
212-062-15 BTINVLLC FARADAY-ESMT.doc 4/29/2005 3:30 PM
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