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HomeMy WebLinkAbout1986-05-06; City Council; 8483-2; ACCEPT A PORTION OF JAMES DRIVE AND BASSWOOD AVENUE AND APPROVE FUNDS FOR AQUISITION OF THE EASEMENTa u s (3 E & 2 .. z 2 a G 0 4 z 3 0 0 C17i()OF CARLSBAD - AGENWBILL #zd '\ 4- AB# 8%?3-*4 TITLE: ACCEPT A PORTION OF JAMES DRIVE AND DEPT, MTG.0 5/06/86 BASSWOOD AVENUE AND APPROVE FUNDS CITY l DEPENG CITY ' FOR ACQUISITION OF THE EASEMENT RECOMMENDED ACTION: By motion, adopt Resolution No. x5-L/fl accepting an ease for roadway purposes on a portion of James Drive and Bass Avenue, Project No. 3135. ITEM EXPLANATION: On February 2, 1986 Council approved Resolution No. 8399 orde an Eminent Domain proceeding to acquire approximately 120 sc feet of Stein's property for the construction of the curb r~ and sidewalk at the northeast corner of James Drive and Bas: Avenue. Council also directed staff to minimize the impact 01 property owner as much as possible. Staff negotiated with the Steins and agreed on reducini property line radius from 20 feet to 15 feet, and curb r from 30 feet to 25 feet. The signed agreement is attal Staff also stopped all the condemnation proceedings. FISCAL IMPACT: The City shall pay monies in the amount of $3,110 to the S for this acquisition as follows: Land $ 750 Improvements $ 560 Severance $1 ,800 TOTAL $3,110 _---- _---- All of the costs of the acquisition will be borne by James Assessment District. EXHIBITS: 1. Location Map. 2. Grant Deed. 3. Resolution No. _I_ zx2i accepting a rc easement on a portion of James Drive and Basswood AL and authorizing payment of $3,110 to the Skeins fc acquisition of the said easement. d 0 w LOCATION MAP * L “h\ LEGEND .....*.e. ~~e*e*~~~ . -. - - .*. . AREA TO BE ACQUIRIED VICINITY MAF N.7. S. PROJECl NRME PROJ. NO. E, JAMES DRIVE ASSESSMENT DISTRICT 3135 0 , , K~LV~UINU K~UUEDI tu UII < - AND WHEN RECORDED MAIL TO r 1 City of Carlsbad \lame jtreet 1200 Elm Avenue )IfV& Carlsbad, CA 92008-1989 J state L Xddress MAIL TAX STATEMENTS TO r -I Vame Street 4ddress 31ty & state L _I e SPACE ABOVE THIS LINE FOR RECORDER'S USE Z! The undersigned grantor(s) declare(s): 3 Documentary transfer tax is $ None * Govemtal Aplcy Exqt f ( ) computed on full value of property conveyed, or Iievenus and 3;axation cbde Section '1. <e - co N ' 0 u3 0 m N 0 =+I= 2 THIS FORM FURNISHED BY TICOR TITLE INSURERS TO 1923 CA (2-83) ( ( ) Unincorporated area: ( x ) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Lloyd E. Stein and Leone Stein ) computed on full value less value of liens and encumbrances remaining at time of sale. hereby GRANT(S) to the City of Carlsbad the following described real property in the City of Carlsbad County of San Diego , State of California: An easement for street and public utility purposes on, over, across and through the following described land: See Legal Description designated as Exhibit "A", attached hereto, and by reference made a part hereof. All as more particularly shown on a map designated as Exhibit "B", attached hereto, and by reference made a part hereof. n----I A??,, 7- d /984 \ +%i?-J Ed!L - CAT NO. "00634 said subscribing Witness being by me duly sworn, and says: That this witn ss resides in - a, ck.A Ca-J- I $ and that said witn s was present and saw bVb t.5' personally known to said witness to be the same person described in and whose name is subscribed to the within and annexed Instrument as a party thereto, execute and deliver the same, and that affiant subscribed hisher name to the within Instru ent as a itness 7 WITNESS m a d a d fficial al. 2. 5i-Eld bbb E TTEta 1 fll759 L c ,eal) - e e 4 - EXHIBIT "A" LEGAL DESCRIPTION That portion of Tract 123 of Carlsbad Lands, in the Ci. Carlsbad, County of San Diego, State of California, accordii Map of No. 1661, on file in the office of the County Record said County and State, and that portion of Basswood Avenui per Map thereof No. 1681 of Thum Lands, on file in the Offi the County Recorder of San Diego County, more particul described as follows: That portion of the land described in a Deed to Lloyd E. Stei Leone Stein recorded July 21, 1983, as File/Page No. 83-251 records of said County and State, lying within the folli described land; That portion of the described land lying Southerly of a concave Northerly and having a radius of 15.00 feet, said being tangent Northwesterly with the Southwesterly line of land and tangent Northeasterly with the Northerly line of Bas Avenue (60.00 feet wide), said line being parallel wit distant 30.00 feet Northerly from the centerline of said Bas Avenue @ 4 & 60' got LP" r A.P 205-060-28 R=/5 f 3 - 0 N 31' - 12' 50" W e e L - CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated April 7, 1986 from to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsba California pursuant to resolution NO. 8544 , adopted on May 6, 1986 , and the grantee consents to the recordation thereof by its duly authorized officer. ’ Lloyd E. Stein and Leone Stein -----_---_____-_---_---------_- DATED: May 7, 1986 By : Fe ALETHA L. RAUTENKRANZ, City L \2 L 1 2 3 4 5 6 7 8 9 lo 11 l2 13 l4 15 16 I.7 l8 * e RESOLUTION No. 8544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED AND AUTHORIZING THE PAYMENT FOR THE ACQUISITION OF THE EASEMENT. WHEREAS, Mr. Lloyd and Mrs. Leone Stein have submit Grant Deed conveying a roadway easement to the Ci Carlsbad for the purposes of construction of sidewalk and return on James Drive; and WHEREAS, the City Council of the City of Carlsbe determined it to be in the public interest to accept Deed; WHEREAS, the Stein's will be paid monies in the am01 $3,110 for the acquisition of the easement; NOW, THEREFORE, BE IT RESOLVED by the City Council ( City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed from Mr. Lloyd and Mrs. Stein, dated April 7, 1986, conveying a roadway easemen' 1 construct sidewalk and curb returns to the City of Ca l9 2o 21 22 23 24 25 26 27 28 I 1 by reference, is accepted. which is on file with the City Clerk and is incorporated I 3. That the City Clerk is authorized to caus I original Deed to be recorded in the Office of the Recorder of San Diego County, State of California, wi appropriate Certificate of Acceptance attached. 4. That expenditures of $3,110 for the acquisit I I said easement, is hereby approved. 5. That the Mayor of the City of Carlsbad is I I L .. I 2 3 * 5 6 7 8 * e authorized and directed to execute the agreement betweer City and Stein's for and on behalf of the City of Carlsbad PASSED, APPROVED AND ADOPTED at a regular meeting of i Carlsbad City Council held on the 6th day of May 1986 by the following vote, to wit: AYES: NOES: None Council Members Casler, Lewis, Kulchin, Chick and A-9 d. (??LAP/ ABSENT: None 9 11 10 11 I-2 13 14 15 16 17 18 19 MARY H. [ASLER, Mayor ATTEST: &.&tLJ p4n- ALETHA L. RAUTENKRANZ, City (SEAL) ~ 20 21 22 23 24 25 26 27 28 I I