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HomeMy WebLinkAbout1988-05-10; City Council; 9419; ACCEPTANCE OF EASEMENT DEDICATION FOR PUBLIC IMPROVEMENTS TO PARK DRIVECI W cc IEL 4 5 a, .. Z 0 F 0 a s z 3 0 0 Cl'ril)OF CARLSBAD - AGENWBILL si w DEPT. H CITY AT ACCEPTANCE OF EASEMENT DEDICATION FOR PUBLIC ABLE TITLE: MTC. 05/10/88 D EPTJP IMPROVEMENTS TO PARK DRIVE CITY M( RECOMMENDED ACTION: Adopt. Resolution No. fi-/#? accepting an easement dedication fo pub1i.c highway purposes along Park Drive at Marina. ITEM EXPLANATION: As a condition of future private development improvements and th City's upcoming widening of Park Drive at Marina, property owner have dedicated frontage along the west side of Park Drive a Marina. Staff recommends the City Council formally accept thi easement dedication. FISCAL IMPACT: The widening of Park Drive at Marina is a City project and i budgeted in the current Capital Improvement Program Budget wit funds existing in project account 300-820-1840-3216. -- EXH I E3 ITS : 1. Location map. 2. Resolution No. flH/49 accepting an easement dedication fc public highway purposes along Park Drive at Marina. L e I LOCATION MAP \ 2 og T T / SUBJECT PROPERT LEGEND - ASSESSMENT DISTRICT 86-4 1111~~~~111~~11~~111~~~~~~~~ BOU N DA R y , p RO J E C T 3 I 92 PARK DRIVE AT MARINA DRIVE PRoJECT n'RMh PARK DR. ASSESSMENT DISTRICT PROJ0 Noo EXHl' PARK DR. AT MARINA DR. IMPROVEMENTS 3192 a , 3216 9 1 1 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 20 0 0 RESOLUTION NO. 88-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING AN EASEMENT DEDICATION FOR PUBLIC HIGHWAY PURPOSES ALONG PARK DRIVE AT MARINA WHEREAS, the City Council of the City of Carlsbi California, finds it necessary, desirable, and in the pub interest to accept an easement dedication for public high1 purposes along Park Drive at Marina within the City C!arlsbad ; NOW, THEREFORE, BE IT RESOLVED, by the City Council of City of Carlsbad, California, which finds , determines, hereby declares that: 1. That the above recitations are true and correct. /I// /// I/// I/// J// I /// ,//I ,I// ./// /// /// /// /// /// /// 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 0 0 2. That an easement dedication for public highway purposc along Park Drive at Marina, identified as Assessor's Parcel Nc 207-101-01, as described in attached Exhibit lrA1' , incorporate by reference and made a part herein is hereby accepted and tl Ci.ty Clerk is authorized and directed to execute and reco saiid easement documents with the County Recorder of the Coun of San Diego. Upon recordation of said easement documents, t City Clerk is further authorized and directed to forward copi of said easement documents to the Engineering Department f irif ormation. PASSED, APPROVED, AND ADOPTED at a regular meeting of t Cfity Council held on the 10th day of May , 1988, by t following vote: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: I ~ie d&kii~jerk 1 (SEAL) b EXHIBIT A e 0 i.. WHEN RECORDED, PLEASE MAIL . THIS INSTRTJMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLS:BAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S 1 EASEMENT FOR PUBLIC HIGHWAY Assessor's Parcel Project PARK DRIVE IMPROVEM NO. 207-101-01 W.O. No. 3216 NINO FERRERO AND LEA FERRERO, as Trustees of the NINO AND LEA FERRERO FAMILY TRUST DATED APRIL 24, 1984, JACK N. SPIRTOS, and PENELOPE P. S Trustees, UNDER TRUST AGREEMENT DATED APRIL 13, 1984, and BASIL N. SP as Trustee of the MONTEBELLO OB-GYN MEDICAL GROUP EMPLOYEES' DEFINED BENEFIT PENSION PLAN AND TRUST, hereinafter called GRANTORS, do hereby grant, convey and dedicate to CITY OF CARLSBAD, State of California, hereinafter called GRANTEE, th right-of-way and incidents thereto for a public highway upon, over an across that certaiqreal property in the CITY OF CARLSBAD, State of California, described as follows: Beginning at the most Northerly Corner of that certain parcel of land described in Document No. 151628 Recorded October 3, 1967 of Official Records; thence along the Northwesterly boundary of said land South 4 East 153.83 feet to the beginning of a tangent 355 foot radius curve Northerly through a central angle of 60°50'00" an arc distance of 376 feet; thence tangent to said curve North 71O26'30" East 100.32 feet t most Easterly corner of said parcel of land; thence along the Southea boundary thereof South 24'53'50" West 46.84 feet; thence leaving said boundary along a line parallel with and distant thereon 34 feet South from the aforementioned line having a course North 71O26'30" East 32. feet to the beginning of a tangent 449 foot radius curve concave Nort thence Westerly and Northwesterly along said curve through a central of 60°50'00" an arc distance of 470.26 feet; thence tangent to said c North 47O43'30" West 40.16 feet to the beginning of a tangent 469 foc radius curve concave Northeasterly; thence Northwesterly along said c through a central angle of 3O07'37" an arc distance of 25.60 feet to point of a 30' reverse curve concave Southerly; thence Northwesterly Westerly along said curve through a central angle of 110'30'17" an ar distance of 57.86 feet to a point of cusp on the Northwesterly lines said parcel of land; thence tangent to said point of cusp along said Northwesterly line, North 24O53'50" East 75.67 feet to the point of beginning. All as shown for convenience sake on Exhibit "A" attached hereto. 9 0 e Reserving to grantors the right to grant to the STATE OF CALIFORNIA, ( by and through the STATE LANDS COMMISSION, a NON-EXCLUSIVE EASEMENT Fc PUBLIC ACCESS over the southeasterly twenty-five feet of the above-de parcel of land measured at right angles from the southeasterly bound the above-described parcel of land and the southwesterly extension thl all in accordance with Agreement and Conveyances AD No. 19 approved b resolution of the STATE LANDS COMMISSION on January 31, 1985 and exec by the parties thereto, which NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCES shall, when recorded, be considered prior in time and right to the right-of-way easement to the CITY OF CARLSBAD herein granted and dedi and this easement to the CITY OF CARLSBAD shall be considered subordi thereto. / //f5-V9/ LEA QERRERO DATED: July 29, 1986 - DATED: July 7, 1986 &&A?-@ )G & d BASIL N. SPIRTOSt/ STATE OF CALIFORNIA ) 1 COUNTY OF LOS ANGELES) On July 15, 1986 , 1986, before me, the undersigned, a Nc Public in and for said County and State, personally appeared NINO FEI and LEA FERRERO, personally known to me (or proved to me on the basi2 satisfactory evidence) to be the persons whose names are subscribed 1 the within instrument and acknowledged to me that they executed the : as Trustees of the Nino and Lea Ferrero Family Trust dated April 24, Witness my hand and official seal. ---- &a'$$ ALLAN E. TEBBETTS rJ(ltqrv PIJWIC - Colitori l(CJ &-k- *c i- .I i L~INCIPAL t AYGELE-F OFFICE COUNTY IN w .'u-;sr+.4 EX?IRES DfCTNCLR 18, 1 N A- .- OFFICIAL SEAL &J* Notary Public in and for said County and State -2- 5 . e 0 . STATE OF CALIFORNIA 1 ) COUNTY OF LOS ANGELES ) On July 29 , 1986, before me, the undersigned, a Notary Public in and for said County and State, personally appeared JACK N. SPIRTOS and PENELOPE P. SPIRTOS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose name are subscribed to the within instrument and acknowledged to me that th executed the same as Trustees under Trust Agreement dated April 13, 12 Witness my hand and official seal. OFFICIAL SEAL PJot3rv Pul>lic . Colifornlo mrw PRlNClFAl OFFICE IN Notary Public in and for said County and State STATE OF CALIFORNIA 1 1 COUNTY OF LOS ANGELES ) On Jul Y 7 1986 , 1986, before me, the undersigned, a Notal Public in and for said County and State, personally appeared BASIL N. SPIRTOS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to tl within instrument and acknowledged to me that he executed the same as Trustee of the Montebello OB-GYN Medical Group Employees' Defined Bent Pension Plan and Trust. Witness my hand and official seal. /l J4.I f,?, +f- TL7&<,&Q ) Nbtary Pub1ic.h and for said County and State 9 c2- '* 67L) This is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a municipal corporation, hereby accepted by the City Council of said City of Carlsbad, Califor the Grantee consents to recordation thereof by its duly authorized of pursuant to Resolution No. adopted on ,a Dated BY ALETHA L. RAUTENKRANZ, CITY CLER -3- VICINITY MAP .DT m-s I PLAT TO ILLUSTRAE --rn COWSVtTlWO IN~IWIIRS Am PLAWmf nm (.I- u ma a ww aw swumo U1-m' I I DATE @€C 1985 JW l4 w PARK DRIVE EASEMENT CEDICATION SCKE AS SiW?4 ' ASSESXHt'S PARCEL NQ 207-IOl-Ol i A