HomeMy WebLinkAbout1989-05-16; City Council; 10026; Accept Grant Deed For Street PurposesCP OF CARLSBAD - AGENr” BILL
ACCEPTANCE OF A GRANT DEED
FOR STREET PURPOSES
RECOMMENDED ACTION:
Adopt Resolution N0.89~147 accepting a Grant Deed for street right-of-way and slope easement purposes.
I ITEM EXPLANATION:
As a condition of approval of a tentative map for Phase I of Aviara, CT 85- 35, the owner is required to offer for dedication a road easement within Poinsettia Lane. As this road is offsite from the development, the rights- of-way must be purchased from the neighboring property owners. As the developer was unable to reach agreement with any of the four property owners, the City was requested to initiate action to acquire the property as required under the Subdivision Map Act.
I FISCAL IMPACT:
To date, agreement has been reached with one property owner, Mr. and Mrs.
Porter. The fair market value offer for a grant of right-of-way (in fee) and slope easement is $113,460.00 has been accepted. The grant to the City will
be free of all liens and encumbrances. An additional $1,865.00 is required for title insurance and estimated closing costs.
The developer, Hillman Properties, will deposit with the City the sum of $115,325.00 for the above transaction, which shall be placed in escrow. No City funds will be expended for this property acquisition.
EXHIBITS:
1. Location Map.
2. Grant Deed from Marvin and Margret Porter, dated Februray 9, 1989.
3. Resolution No.@?-/Y? accepting a Grant Deed for street right-of-way and slope easement purposes.
LOCATION MAP
H---w-
BOUNDARY OF
-- - - PUTUAE ROAO
EXISTINO ROAO
- PROPOSE0 PROJECT
PROJECT NAME
POINSETTIA LANE
I EXHlBIT
PR 3.461 1
, _ . ‘
,RECORDING REQUESTED:
City Clerk, City of Carlsbad
AND WHEN RECORDED MAIL TO
r 1 CITY OF CARISBAD
Name City Clerk street
Address 1200 *Elm Avenue Carlsbad, CA 92008
City 81 state I.- -l
MAIL TAX STATEMENTS TO
r 1
Name CITY OF CARLSBAD
street Richard H. Allen, Jr.
Address 2075 Las Palmas Drive
Carlsbad, CA 92009
City 84 state L -I
I
J i a k
CAT. NO. NN00582
TO 1923 CA (2-83)
*
.
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Individual Grant Deed APN: 214-170-55 THIS FORM FURNISHED BY TICOR TITLE INSURERS
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 12 4 .8 5
( X ) 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: ( ) City of , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
MARVIN PORTER AND MARGRET PENELOPE PORTER, TRUSTEES OF THE PORTER FAMILY TRUST DATED NOVEMBER 21, 1985
herebyGRANT(s)to CITY OF CARLSBAD, A MUNICIPAL CORPORATION
the following described real property in the
County of San Diego , State of California:
PARCEL 1:
‘I’HA’I’ POK’l’I:UN Oh’ THE SOU’l‘HJ3RLY 184. 4’1 ~‘JM’l Ub’ ‘I’HA’I’ PC)KT’ON Oh’ 'I'HE KAS’l’ERLY
264.14 FEET OF THE WESTERLY HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER, SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND AS MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO AND FORMING A PART
HEREOF.
Dated: FEBRUARY 9, 1989
MARVIN PORTER AND MARGRET PENELOPE
PORTER, TRUSTEES OF THE PORTER FAMILY TRUST DATED NOVEMBER 21,
1985.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO > ss.
On February i5, 1983 before
me, the undersigned, a Notary Public in and for said State,
personally appeared Marvin Porter and Marqret Penelope Porter
personally known to me or proved to me on the basis of sat-
isfactory evidence to be the personc;whose name aifu
subscri ed to the within instrument and acknowledged that t R eY executed the same.
WITNESS my hand and official seal. /
Signature
BY:
MARVIN PORT
7 dl
MARGs%T PEN ER, Trusix
OFFICIAL SEAL LINDA ACOSTA Notary Publlc-Callfornia SAN DIEGO COUNTY
(This area for official notarial seal)
Title Order No. Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
.
- I .
OR 3.4.61/CT 85-35 PORTER TITLE REPORT NO. 1171236
PARCEL 3A
EXHIBIT "A" LEGAL DESCRIPTION
THAT PORTION OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION: THENCE SOUTH OOO34'18" WEST 111.22 FEET ALONG THE EAST LINE OF SAID SECTION: THENCE SOUTH 72O47'00" WEST 389.27 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1651.00 FEET: THENCE SOUTHWESTERLY ALONG SAID CURVE 339.30 FEET THROUGH A CENTRAL ANGLE OF llO46'30" TO A POINT ON THE EASTERLY LINE OF THE LAND CONVEYED TO MARVIN AND MARGARET PENELOPE PORTER BY DEED RECORDED SEPTEMBER 3, 1986 AS DOCUMENT NO. 86-385614, BEING THE SOUTH 184.47 FEET OF THE EAST 264.14 FEET OF THE NORTH 5 ACRES OF
THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 28O59'30" WEST: SAID POINT ALSO BEING THE POINT OF
BEGINNING OF THIS DESCRIPTION: THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE 53.61 FEET THROUGH A CENTRAL- ANGLE OF OlO51'37"
TO A POINT ON THE NORTHERLY LINE OF THE SOUTH 15.00 ACRES OF THE
WEST HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER: THENCE SOUTH 89OO3'23" EAST ALONG SAID NORTHERLY LINE 46.21 FEET TO SAID EASTERLY LINE OF THE LAND HEREIN DESCRIBED; THENCE NORTH OOO32'47" EAST ALONG SAID EASTERLY LINE 27.50 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL 3A CONTAINS 637.33 SQ.FT. OR 0.015 ACS.
MORE OR LESS.
TO BE KNOWN AS POINSETTIA LANE.
PARCEL 3B (EASEMENT)
AN EASEMENT OVER THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID WEST HALF OF
SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, DISTANT NORTH OOO32'47" EAST THEREON 27.50 FEET FROM THE
NORTHEAST CORNER OF THE SOUTH 15.00 ACRES OF SAID WEST HALF OF
SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SAID POINT ALSO
BEING ON THE CURVE OF THE NORTHERLY LINE OF PARCEL 3A
HEREINBEFORE DESCRIBED AS BEING CONCAVE SOUTHEASTERLY, HAVING A
RADIUS OF 1651.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 28O59'30" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE 53.61 FEET THROUGH A CENTRAL ANGLE OF Ol"51'37" TO A POINT ON THE
’ a
PARCEL 3B (CONT'D)
NORTHERLY LINE OF SAID SOUTH 15.00 ACRES THENCE NORTH 89OO3'23"
WEST ALONG SAID NORTHERLY LINE 149.94 FEET; THENCE NORTH 45O56'37" EAST 86.00 FEET: THENCE NORTH 49O46'00" EAST 87.00
FEET; THENCE NORTH 54O20'25" EAST 85.56 FEET TO SAID EASTERLY
LINE; THENCE SOUTH OOO32'47" WEST ALONG SAID EASTERLY LINE 141.61
FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL 3B CONTAINS 17025.34 SQ.FT. OR 0.391 ACS.
MORE OR LESS.
PREPARED BY:
CROSBY M IEAD BENTON & ASSOCIATES
2/24/~ 9 R.C.E. 14594 REkISTRATION EXPIRES: 3-31-93
. ., ? ‘-+= ‘RITE IT - DON’T SA’r .T!
Date 5123 1989
To Richard Allen 0 Reply Wanted
From Karen Kundtz q No Reply Necessary ’
Re: Acceptance of Grant Deed - Right-of-Way - PoLsettia Lane
Attached per your request is the original deed from Marvin and Margaret Porter
to the City of Carlsbad so that you may place it in escrow. The appropriate
Certificate of Acceptance has been attached, and I have also enclosed a copy
or Resolution No. 89-149. We require that the original, recorded document
be returned to us for our files, and have changed the instructions on the
upper left corner of the deed to reflect that.
Let me know if you have any questions, or need any additional information.
+
ren
AIGNER FORM NO. 55-032 PRINTED IN “SA
- . ,
.RECORDING REQUESTEL .f
City Clerk, City of Carlsbad
AND WHEN RECORDED MAIL TO r 1 CITY OF CARLSBAD Name City Clerk street 1200 ,Elm Avenue Address Carlsbad, CA 92008
City &
state L -l
MAIL TAX STATEMENTS TO r 1
Name CITY OF CARLSBAD
street Richard H. Allen, Jr.
Address 2075 Las Palmas Drive
City &
Carlsbad, CA 92009
state L -I
CAT. NO. NN00582
TO 1923 CA (2-83)
. .
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Individual Grant Deed APN: 214-170-55 THIS FORM FURNISHED SY TICOR TITLE INSURERS
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 12 4 .8 5
( X ) 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: ( ) City of , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARVIN PORTER AND MARGRET PENELOPE PORTER, TRUSTEES OF THE PORTER FAMILY
TRUST DATED NOVEMBER 21, 1985
hereby GRANT(S) to CITY OF CARLSBAD, A MUNICIPAL CORPORATION
the following described real property in the
County of San Diego , State of California:
PARCEL 1:
'l'HA'jj PUH'I'IUN OY'I'HE SOU'l'HE;KLY 184.4'1 k'l3;E'l' Ok' 'I'HA'l POH'I'ION Up' '.l'kiE &ASTERLY
264.14 FEET OF THE WESTERLY HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER, SECTION 28, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND AS MORE PARTICULARLY
DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO AND FORMING A PART
HEREOF.
MARVIN PORTER AND MARGRET PENELOPE
PORTER, TRUSTEES OF THE PORTER
FAMILY TRUST DATED NOVEMBER 21,
Dated: FEBRUARY 9, 1989 1985.
STATE OF CALIFORNIA BY:
COUNTY OF SAN DIEGO
February i5, 1939 > SS. MARVIN PORT
On before
me, the undersigned, a Notary Public in and for said State,
personally appeared Marvin Porter and
Marqret Penelope Porter
personally known to me or proved to me on the basis of sat-
isfactory evidence to be the person Awhose namear@
subscri ed to the within instrument and acknowledged
that t il eY e xecuted the same.
WITNESS my hand and official seal.
Signature
OFFICIAL SEAL LINDA ACOSTA
Notary PubllcCatlfornla
SAN OIEGO COUNTY
(This area for official notarial seal)
Title Order No. Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
.
PR 3.4.61/CT 85-35
PORTER
TITLE REPORT NO. 1171236
PARCEL 3A
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF SECTION 28, TOWNSHIP 12 SOUTH,- RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION: THENCE SOUTH
OOO34'18" WEST 111.22 FEET ALONG THE EAST LINE OF SAID SECTION;
THENCE SOUTH 72O47'00" WEST 389.27 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1651.00 FEET: THENCE SOUTHWESTERLY ALONG SAID CURVE 339.30 FEET THROUGH A
CENTRAL ANGLE OF llO46'30" TO A POINT ON THE EASTERLY LINE OF THE LAND CONVEYED TO MARVIN AND MARGARET PENELOPE PORTER BY DEED
RECORDED SEPTEMBER 3, 1986 AS DOCUMENT NO. 86-385614, BEING THE SOUTH 184.47 FEET OF THE EAST 264.14 FEET OF THE NORTH 5 ACRES OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 28O59'30" WEST: SAID POINT ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE CONTINUING SOUTHWESTERLY ALONG SAID CURVE 53.61 FEET THROUGH A CENTRAL ANGLE OF 01O51'37"
TO A POINT ON THE NORTHERLY LINE OF THE SOUTH 15.00 ACRES OF THE
WEST HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER: THENCE SOUTH 89OO3'23" EAST ALONG SAID NORTHERLY LINE 46.21 FEET TO SAID EASTERLY LINE OF THE LAND HEREIN DESCRIBED: THENCE NORTH OOO32'47" EAST ALONG SAID EASTERLY LINE 27.50 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL 3A CONTAINS 637.33 SQ.FT. OR 0.015 ACS. MORE OR LESS.
TO BE KNOWN AS POINSETTIA LANE.
PARCEL 3B (EASEMENT)
AN EASEMENT OVER THAT PORTION OF THE WEST HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID WEST HALF OF
SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION, DISTANT NORTH OOO32'47" EAST THEREON 27.50 FEET FROM THE NORTHEAST CORNER OF THE SOUTH 15.00 ACRES OF SAID WEST HALF OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SAID POINT ALSO
BEING ON THE CURVE OF THE NORTHERLY LINE OF PARCEL 3A HEREINBEFORE DESCRIBED AS BEING CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1651.00 FEET, A RADIAL LINE OF SAID-CURVE TO SAID POINT
BEARS NORTH 28O59'30" WEST: THENCE SOUTHWESTERLY ALONG SAID CURVE
53.61 FEET THROUGH A CENTRAL ANGLE OF 01O51'37" TO A POINT ON THE
” . -
PARCEL 3B (CONT'D)
NORTHERLY LINE OF SAID SOUTH 15.00 ACRES THENCE NORTH 89003'23"
WEST ALONG SAID NORTHERLY LINE 149.94 FEET: THENCE NORTH 45O56'37" EAST 86.00 FEET: THENCE NORTH 49O46'00" EAST 87.00 FEET; THENCE NORTH 54O20'25" EAST 85.56 FEET TO SAID EASTERLY LINE; THENCE SOUTH OOO32'47" WEST ALONG SAID EASTERLY LINE 141.61 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION.
ABOVE DESCRIBED PARCEL 3B CONTAINS 17025.34 SQ.FT. OR 0.391 ACS. MORE OR LESS.
PREPARED BY:
CROSBY MEAD BENTON & ASSOCIATES -
%‘4/80 R.C.E. 14594
RES: 3-31-93
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated February 9, 1989
from Marvin and Peneloper Porter, Trustees of Porter Family Trust
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution No. 89-149 , adopted
on May 16, 1989 I and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: May 17, 1989
By:
ALETHA L. RhTENKRANZ, Cit% Clerk
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RESOLUTION NO. 89-149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED FOR STREET PURPOSES IN POINSETTIA LANE FOR CT 85-35.
WHEREAS, Marvin and Margret Porter have submitted a Grant Deed conveying
fee title to the City of Carlsbad for street right-of-way purposes and an
easement for slope over a portion of Poinsettia Lane; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be
in the public interest to accept said Deed;
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 Grant Deed from Marvin and Margret Porter, dated February
9, 1989, conveying fee title for street right-of-way purposes and an easement for
slope over a portion of Poinsettia Lane to the City of Carlsbad which is on file
with the City Clerk and is incorporated herein by reference, is accepted.
3. That the sum of $113,460.00 is hereby appropriated as the total
consideration to be paid for said right of way and slope easement. l
4. That the sum of $1,865.00 is hereby appropriated to cover the cost
of the policy of title insurance and the estimated escrow closing expenses.
5. That the expenditure of $115,325.00 is hereby authorized from account
number 880-519-9227-0000 upon the receipt of said sum from the developer, Hillman
Properties.
6. That the City Engineer or his designee is hereby authorized to sign
the escrow instructions and amendments thereto on behalf of the City.
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7. That the City Clerk is authorized to deposit the original Deed i
escrow with the appropriate Certificate of Acceptance attached. Upon closing o
said escrow, the deed shall be recorded in the Office of the County Recorder o
San Diego, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit
Council held on the 16th day of May , 1989 by the following vote, t
wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
!$kfk&f%~y Clerk