HomeMy WebLinkAbout1984-05-15; City Council; 7755; ACCEPTANCE OF DEED FOR ROADWAY PURPOSES ON POINSETTIA LANE - CONTRACT NO. 3079L3 Lrl 7 0 o= a. Q 4
.. z 0 F 2 d z 3 0 0
/{ !A
ACCEPTANCE OF DEED FOR DEPT. I AB#= T=.
MTG. 5-15-84 POINSETTIA LANE CITY A
DEPT. ENG (CONTRACT NO. 3079) CITY M
RECOMMENDED ACTION:
CI+OF CARLSBAD - AGENRBILL G
ROADWAY PURPOSES ON
Adopt Resolution No. /&c& accepting a Grant Deed for roadw
purposes on Poinsettia Lane.
ITEM EXPLANATION:
Poinsettia Lane has been realigned to match the future widen
the bridge over 1-5. This realignment necessitated the aqui
of additional right-of-way and slope easement from the prope
the North. Per the City's Agreement with John D. Lusk & Son
Developer was required to dedicate additional right-of-way a
slope easements to accommodate the road. The road realignme
results in some excess right-of-way on the south side, which be vacated later.
FISCAL IMPACT:
Acquisition of the additional right-of-way will be free and I
to the City.
EXHIBITS:
1. Location Map
2. Copy of Deed for dedication with plats of land to be
3. Resolution No. T&&+accepting a Grant Deed for roadwaj
dedicated attached.
purposes on Poinsettia Lane.
_r
LOCATION MAP
CITY MAP BOOK PAGE
PROJECT NAME PROJ. E NO. 3079 - POINSETTfA LANE BRIDGE
RECORDING REOUESTED
City Clerk City of Carlsbad
0
AND WHEN RCCORDCD NAIL TO r City Clerk 1 NAUC
AODlCSl 1200 Elm Avenue Carlsbad, CA 92008
ClTV h sT4T= L J.
1 .e v
!
.I. I
I PARCEL "A" I
i LEGAL DESCRIPTION
I
i
I
f .THAT PORTION OF LOT 3 OF SECTION 29, TOUNSHIP 12 SOUTH. RANGE 4 WEST, SAf
I BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD. IN THE COUNTY OF SAN DIEGO ! STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOI I
I I I ! I I
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF POINSETTIA LANE, BEINI
FEET IN WIDTH, AS DESCRIBED IN THE DIRECTOR'S DEED TO THE COUNTY OF SAN I
FILE NO* 198819, RECORDED KCEMBER 22, 1966, IN THE OFFICE, OF COUNTY REG\
OF $AN DIEGO COUNTY, AND THE EASTERLY RIGHT OF WAY LINE OF THE ATCHISON,
i i
1 1
AND SANTE FE RAILWAY COMPANY AS SHOWN ON CARLSBAD TRACT NO. 71-2, UNIT NC 1 . IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORt
MAP NO. 7954 IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO;
76O 13' 30" WEST, 201.66 FEET'TO A PBINT ON THE NESTERLY RIGHT OF WAY LIR
!
ALONG THE WESTERLY PROLONGATION OF SAID CENTERLINE OF POINSETTIA LANE sot
THE ATCHISON, TOPEKA AND SANTE FE RAILWAY COMPANY, SAID POINT BEING THE I
OF BEGINNING; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE NOfi
21° 08' 33" WEST, 80.67 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTAi
. NORTHERLY 80.00 FEET MEASURED AT RIGHT ANGLES TO SAID PROLONGATION OF THE
CENTERLINE OF POINSETTIA LANE; THENCE PARALLEL TO SAID CENTERLINE SOUTH
760 13' 30" WEST 494.75 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT I
LINE OF THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF FINAL ORDER OF CON
IN SUPERIOR COURT OF SAN DIEGO COUNTY, CASE NO. 165983 FILED IN THE OFFICl
COUNTY CLERK OF SAID COUNTY; THENCE ALONG SAID EASTERLY RIGHT OF WAY LIN
No 50' 30" EAST, 80.45 FEET TO A POINT ON SAID PROLONGATION OF THE CENTEI
TO THE "TRUE POINT OF BEGINNING".
1
1 I*
1
OF POINSETTIA LANE; THENCE ALONG SAID CENTERLINE NORTH 76' 13' 30" EAST, /i
EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC USE
DESCRIBED IN PARCEL ONE OF THAT CERTAIN DIRECTOR'S DEED CONVEYED TO THE CC
OF SAN DlEGO AND RECORDED ON DECEMBER 22, 1966, RECORDER'S FILE NO. 198815 i' !
!
,I
ALSO EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC
AS DESCRIBED IN PARCEL ONE OF THAT CERTAIN DEE0 CONVEYED TO THE CITY OF C/
AND RECORDED ON AUGUST 21, 1974. RECORDER'S FILE NO. 74-227600.
I
I i
i
i
i
---_- .L.
! i
a. ! I
1
I
4
I HlBZ . I/ - . - ._ . - . - - -- ...
v
SLOPE EASEMENT #1
LEGAL DESCRIPTION
THAT PORTION OF LOT 3 GF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4, WEST, SA
BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLL
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF POINSETTIA LANE, BEING
FEET IN WICTH, AS DESCRIBED IN THE DIRECTOR'S DEED TO THE COUNTY OF SAN 31
FILE NO. 198819, RECORDED DECEMBER 22, 1966, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AND THE EASTERLY RIGHT OF WAY LINE OF THE A
TOPEKA AND SANTE FE RAILWAY COMPANY AS SHOWN ON CARLSBAD TRACT NO. 71-2, I
NC. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
RECORDED AS MAP NO. 7954, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF
DIEGO; THENCE ALONG THE WESTERLY PROLONGATION OF SAID CENTERLINE OF POIN!
LANE SOUTH 76O 13' 30" WEST, 201.66 FEET TO A POINT ON THE WESTERLY RIGHT
LINE OF THE ATCHISON, TOPEKA AND SANTE FE RAILWAY COMPANY; THENCE NORTHER
ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH 210 0:' 33" WEST, 80.67 FEET 1
POINT ON A LINE PARALLEL WITH AND DISTANT NORTHERLY 80.00 FEET MEASURED AT
ANGLES TO SAID PROLDNGATION OF THE CENTERLINE OF POINSETTIA LANE, SAID PDI
BEING THE "TRUE POINT OF BEGINNING"; THENCE PARALLEL TO SAID LINE SOUTH 7
WEST, 494.75 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE
THE STATE HIGHWAY AS DESCRIBED IN PARCEL 5A OF FINAL ORDER OF CONDEMNATION
SUPERIOR COURT OF SAN DIEGO COUNTY, CASE NO. 165983 FILED IN THE OFFICE OF
COUNTY CLERK OF SAID COUNTY; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE
19O 50' 30" NEST, 13.07 FEET; THENCE NORTH 760 13' 30" EAST, 340.00 FEET;
THENCE NORTH 66O 57' 20" EAST, 153.25 FEET TO A POINT ON SAID WESTERLY RIC
WAY LINE OF THE ATCHISON, TOPEKA AND SANTE FE RAILWAY COMPANY; THENCE ALO
WESTERLY RIGHT OF WAY LINE SOUTH 2l0 08' 33" EAST, 38.00 FEET TO THE "TRUE
OF BEGINNING".
F
EI(H/B/7- 2
>-------.
--------
__- -
w e
PARCEL "C"
LEGAL DESCRIPTION
THOSE PORTIONS OF THE EAST HALF OF SECTION 29 AND THE WEST HALF OF SECT101
28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY
OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TI
OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF POINSETTIA LANE, BEING
60.00 FEET IN WIDTH, AS DESCRIBED IN THE DIRECTOR'S DEED TO THE COUNTY OF
SAN DIEGO, FILE NO. 198819, RECORDED DECEMBER 22, 1966, IN THE OFFICE OF
COUNTY RECORDER OF SAN DIEGO COUNTY, AND THE EASTERLY RIGHT OF WAY LINE 0
THE ATCHISON, TOPEKA AND SANTF FE RAILWAY COMPANY AS SHOWN ON CARLSBAD TR
NO. 71-2, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
CALIFORNIA, RECORDED AS MAP NO. 7954 IN THE OFFICE OF THE COUNTY RECORDER
COUNTY OF SAN DIEGO; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LI
210 08' 33" WEST, 89.67 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTA
NORTHERLY 80.00 FEET HEASUREC AT RIGHT ANGLES TO SAID CENTERLINE OF POINS
LANE; THENCE ALONG SAID PARALLEL LINE NORTH 76O 13' 30" EAST 726.44 FEET
INTERSECTION WITH THAT CERTAIN COURSE CITED AS BEING A CURVE HAVING A RAD
500.00 FEET AND AN ARC DISTANCE OF 174.53 FEET IN PARCEL 2 OF A DEED TO J
LUSK 8 SON, A CALIFORNIA CORPORATION, RECORDED JANUARY 9, 1973, RECORDER'
NO. 73-006348; A RADIAL LINE TO SAID POINT BEARS NORTH 85' 18' 48" EAST;
SOUTHERLY ALONG SA10 CURVE THROUGH A CENTRAL AKGLE OF 09' 02' 18", AN ARC
DISTANCE OF 78.87 FEET; THENCE TANGENT TO SAID CURVE SOUTH 130 43' 30" E
1.46 FEET TO A POINT ON SAID CENTERLINE OF POINSETTIA LANE; THENCE ALONE
CENTERLINE SOUTH 760 13' 30" WEST 710.09 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS PREVIOUSLY DEDICATED TO THE PUBLIC USE
DESCRISED IN PARCEL ONE OF THAT CERTAIN DIRECTOR'S DEED CONVEYED TO THE C
OF SAN DIEGO AND RECORDED ON DECEMBER 22, 1966, RECORDER'S FILE NO. 1988:
ALSO EXCEPTING THEREFROY THOSF PORTIONS PREVIOUSLY DEDICATED TO THE PUBL
AS DESCRIBED IN PARCEL ONE OF THAT CERTAIN DEED CONVEYED TO THE CITY OF (
AND RECORDED ON MAY 14, 1974, RECORDER'S FILE NO. 74-125459.
€XH/5/7- 4
-.
--
___. __. ~ -.
'. c /,"Of /C'R6c,@fl
7
I
i'
w *
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real propert
conveyed by the deed or grant dated January 4, 1984
from John D. Lusk h Son
to the City of Carlsbad, California, a municipal corporatic
is hereby accepted by the City Council of the City of Carls
California pursuant to resolution No. 7602 , adopted
on May 15, 1984 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: May 16, 1984
By : ALETHA L. RAUTENX R*
r
i
i
w *
SLOPE EASEKENT #3
LEGAL DESCRIPTION
THOSE PORTIONS OF THE EAST HALF OF SECTION 29 AND THE WEST HALF OF SECT101
28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY
OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO OFFICIAL PLAT THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF POINSETTIA LANE, BEING
60.00 FEET IN WIDTH, AS 9ESCRIBEU IN THE DIREGTOR'S DEEO TO THE GOUNTY OF
SAN DIEGO, FILE NO. 198819, RECORDED DECEMBER 22, 1966, IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND THE EASTERLY RIGHT OF WAY Ll
OF THE ATCHISOM, TOPEKA AND SANTE FE RAILWAY COMPANY AS SHOWN ON CARLSEAL
TRACT NO. 71-2, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, RECORDED AS MAP NO. 7954 IN THE OFFICE OF THE COUNT\
RECORDER, COUNTY OF SAN DIEGO, THENCE NORTHERLY ALOE!; SAID EASTERLY RIGHl
OF WAY LINE NORTH 210 OS' 33" WEST 80.67 FEET TO THE "TRUE POINT OF BEGI?
SAID POIKT BEING ON A LINE PARALLEL WITH AND DISTANT NORTHERLY 80.00 FEE1
MEASURED AT RIGHT ANGLES TO SAID CENTERLJNE OF POINSETTIA LANE; THENCE F
TO SAID CENTERLINE NORTH 76O 13' 30" EAST 540.00 FEET; THENCE SOUTH 810
WEST, 548.01 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY LINE OF THE A1
TOPEKA AND SANTE FE RAILWAY COMPANY; THENCE SOUTHERLY ALONG SAID RIGHT C
LINE SOUTH 21° 08' 33" EAST 47.00 FEET TO THE "TRUE POINT OF BEGINNING".
EXHIBIT 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
I.8
19
20
21
22
23
24
25
26
27
28
v
RESOLUTION NO. 7602 *
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED.
WHEREAS, John D. Lusk & Son has submitted a Grant Deed
conveying easements to the City of Carlsbad for roadway purr
said Deed is on file in the Office of the City Clerk; and
WHEREAS, the City Council of the City of Carlsbad has
determined it to be in the public interest to accept said D
NOW, THEREFORE, BE IT RESOLVED by the City Council of
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2, That the Grant Deed conveying easements to the Ci
Carlsbad for roadway purposes is hereby accepted.
3. That the City Clerk is hereby authorized to cause
original Deed to be recorded in the Office of the County Re
of San Diego County, State of California, with the appropri
Certificate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of t I 1 Carlsbad City Council held on the 15th day of May
1984, by the following vote, to wit:
AY E S :
NOES: None
ABSENT: counci~ &?mber Kulchin
Council Mgsobers Casler, kwis I Chick and Prescott
qLc, d' &
LER, Mayor
~ ATTEST :
ALbT HA L. RAUTEN KRANZ, City Flerk
(SEAL)
11