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Home My WebLink About1989-06-20; City Council; 10069; Laguna ShoresMTG. 6-20-89 DEPT.ENG. FOR PUBLIC ROAD PURPOSES LAGUNA SHORES CT 88-01 RECOMMENDED ACTION: Adopt Resolution No.$%-/g accepting Grant Deed for public road purposes. ITEM EXPLANATION: As a condition of approval of Laguna Shores Carlsbad Tract 88-01, the subdivider is required to obtain the offsite dedication of the west half of the proposed Bay Shore Drive. The subdivider has obtained the required road easement from the adjoining property owner and has submitted it for Council approval. Staff has reviewed the deed and found it acceptable for the intended purpose. FISCAL IMPACT: Requiring dedications as a condition of development will save the City expenses in the future right-of-way acquisitions. EXHIBITS: 1. Location Map. 2. Grant Deed from Nino and Lea Ferraro et al, dated May 10, 1989. 3. Resolution No. li!wx accepting Grant Deed for public road purposes. L LOCATION MAP #ROJECT NAME BAYSHURE DR/VE f/GHT OFNAY pder/L9~/of- 107 1, /?ANCb# AGVA ,W--/UNDA , /&YP 19. 823 PROJECT # PR 3-4-7/ - 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE (619) 434-2808 June 23, 1989 Vera L Lyle County Recorder PO Box 1750 San Diego, CA 92112 Enclosed for recordation is the following described document: Grant Deed for an easement for street purposes Nino & Lea Ferraro, Trustees; & et al APN: 207-101-01; PUD 88-l/PR 3.4.71 The Carlsbad City Council has accepted this easement at their meeting of June 20, 1989. Our staff has determined that the recordation of this deed is of benefit to the City. It is therefore requested that the recordation fees be waived. ' Thank you for your assistance in this matter. KATHLEEN D. SHOUP CT-II . . ’ Order I~O. Escrow No. Loan No. WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 I SPACE ABOVE THIS LINE FOR RECORDER’S USE MAIL TAX STATEMENTS TO: Nino & Lea Ferraro. Trustees & DOCUMENTARY TRANSFER TAX $. . . . . . . . . . . . . . . . Q .,............................ OL =A. % Nino Ferrer0 2030 Fremont Avenue So. Pasedena, CA 91030 Jack & Penelope &-Basil Spirtos, Trustees, . ...*. Computed on the consideration or vAJe of property conveved; OR 7.7+ Al . . . . . . Computed on the consideration or velue less liens or encumbrences remaining at time of sale. City of Carl Q&r Lsbad------- ___ __.. -. Signature of Declara~ nt or Agent determlnlng tax - Firm Neme ADN 7n7-ini- ZllI. --. .-. -01 ,PUD 88-1,~~ 3.4.71 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Nino Ferraro and Lea Ferraro, Trustees of, the Nino and Lea Ferraro Family Trust, under Trust Agreement dated April 24, 1984, as to an undivided one-half interest, Jack N. Spirtos and-Penelope Spirtos, Trustees under Trust Agreement dated April 13, 1984, as to an.undivided one-quarter interest, and Basil N. Spirtos, as Trustee of the Montebello OB-GYN Medical Group Employees Defined Benefit Pension Plan and Trust, as to an undivided one-quarter interest. hereby GRANT(S) to the City of Carlsbad, a municipal corporation the real property in the City of Carlsbad County of San Diego , State of California, described as an easement for street purposes as described on Exhibit "A" attached hereto and made a part hereof. Exhibit "B" is provided for clarity only. 2/16/89 87-6022 EXHIBIT "A" AN EASEMENT FOR ROAD PURPOSES THROUGH, OVER, UNDER, ALONG AND ACROSS THAT PORTION OF LOT I, RANCH0 AGUA HEDIONDA, ACCORDING TO MAP NO. 823 IN THE CITY OF CARLSBAD, RECORDED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, NOVEMBER 16, 1896, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT CORNER 15 OF THE AFOREMENTIONED LOT I ACCORDING TO RECORD OF SURVEY 4852 RECORDED DECEMBER 23, 1958 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND ACCORDING TO RECORD OF SURVEY 9017 RECORDED MAY 13, 1982 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID LOT I, SOUTH 53" 52' 00" EAST, 893.25 FEET (SOUTH 53" 56' EAST, 894.00 FEET PER SAID MAP NO. 823 AND SAID RECORD OF SURVEY 9014); THENCE SOUTH 64' 33' 02' EAST, 183.69 FEET (SOUTH 64" 42' EAST PER SAID MAP NO. 823, AND SOUTH 64' 25' 37" EAST, 183.96 FEET PER SAID RECORD OF SURVEY 9017) ; THENCE LEAVING SAID SOUTHERLY BOUNDARY OF LINE OF SAID LOT I, NORTH 24" 53' 50" EAST, 174.89 FEET (NORTH 25' 01' 15" EAST, 175.12 FEET PER SAID RECORD OF SURVEY 9017) TO A POINT ON THE SOUTHEASTERLY LINE OF A PARCEL OF LAND DESCRIBED IN THE DEED TO ROBERT W. PPIPPS RECORDED OCTOBER 29, 1958 IN BOOK 7324, PAGE 195, O.R., AS SHOWN ON SAID RECORD OF SURVEY 9017; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE NORTH 24' 59' 49" EAST, 30.00 FEET (NORTH 24' 53' 50" EAST PER SAID RECORD OF SURVEY 4852, AND NORTH 25" 01' 15" EAST PER SAID RECORD OF SURVEY 9017) TO THE TRUE POINT a BEGINNING OF THE HEREIN DESCRIBED-EASEMENT: SAID POINT ALSO BEING A POINT OF ON THE ARC OF A NON-TANGENT 48.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; A RADIAL BEARING TO SAID POINT BEARS SOUTH 24" 59' 49" WEST: THENCE WESTERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 106" 34/ 35" AND AN ARC LENGTH OF 89.29 FEET; THENCE ALONG A TANGENT LINE TO SAID CURVE NORTH 41" 34' 24" EAST 50.00 FEET TO A POINT ON THE BEGINNING OF A TANGENT 90.00 FOO; RADIUS CURVE CONCAVE NORTHWESTERLY; A RADIAL BEARING TO SAID POINT BEARS SOUTH 48' 25' 36" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16' 34' 35" AND AN ARC LENGTH OF 26.04 FEET: THENCE ALONG A TANGENT LINE TO SAID CURVE NORTH 24" 59' 49' EAST, 342.02 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; A RADIAL BEARING TO SAID POINT BEARS SOUTH 65" 00' 11" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 127' 23' 42" AND AN ARC LENGTH OF 44.47 FEET, MORE OR LESS, TO THE SOUTHERLY EASEMENT LINE OF PARE DRIVE AS SHOWN ON DOCUMENT RECORDED MAY 13, 1988 AS FILE/PAGE NO. 88- 226630, SAID POINT ALSO BEING A POINT ON THE ARC OF A 449.00 FOOT RADIUS CURVE CONCAVE NORTHERLY: A RADIAL BEARING TO SAID POINT BEARS SOUTH 12' 23' 53" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60' 04' 54" AND AN ARC LENGTH OF 47.66 FEET: THENCE ALONG A TANGENT LINE TO SAID CURVE NORTH 71' 31' 13" EAST, I 32.92 FEET (NORTH 71' 26' 30" EAST, 32.88 FEET PER SAID DOCUMENT FILE/PAGE NO. 88-226630) TO A POINT ON THE I INTERSECTION OF SAID SOUTHERLY EASEMENT LINE OF PARE DRIVE WITH I SAID SOUTHEAS TERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN THE AFOREMENTIONED DEED TO ROBERT W. PHIPPS; SAID SOUTHEAS TERLY LINE ALSO BEING THE EASTERLY LIMIT OF THE HEREIN DESCRIBED EASEMENT: THENCE LEAVING SOUTHERLY EASEMENT LINE OF PARE DRIVE, ALONG SAID SOUTHEASTERLY LINE, SOUTH 24' 59' 49" WEST, 528.75 FEET, MORE OR LESS, SOUTH 24' 53' 50" WEST PER SAID RECORD OF SURVEY 4852 AND SOUTH 25' 01' 15" WEST PER SAID RECORD OF SURVEY 9017) TO THE I- TRUE POINT m BEGINNING. SAID LAND BEING DEDICATED CONTAINS AN AREA OF 0.370 ACRES. nJ \ 1 \ \ j a.“, \ 7 ‘G‘ ‘<(\ 6 --ti a I I . . . ; i . : ’ : f I VP 2 CY “.Q f-L . .q; a T 9 9 2 \ E 8 Fj ‘1 3 s CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated Mav 10. 1989 Nino Ferraro & Lea Ferraro, Trustees; Jack N. Spirtos & Penelope Spirtos, from Trustees; Basil N. Spritos, Trustee of Montebello OB-GYN Medical Group 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. 89-181 , adopted on June 20, 1989 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: June 21, 1989 By: w ALETHA L. GUTENKFWNZ, Citb Clex 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 28 - RESOLUTION NO. 89-181 A RESOLUTION OF THE CITY COUNCIL OF THE CARLSBAD CALIFORNIA, ACCEPTING A GRANT DEED FOR PUBLIC STREET PURPOSES, BAY SHORE DRIVE. CT 88-01. WHEREAS, Nino and Lea Ferraro, et al have submitted a Grant Deed conveying an easement to the City of Carlsbad for public street purposes over a portion of Bay Shore Drive south of Park Drive; 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 Nino and Lea Ferraro, et al dated May 10, 1989, conveying an easement for public street purposes over a portion of Bay Shore Drive, south of Park Drive to the City of Carlsbad which is on .file with the City Clerk and is incorporated herein by reference, is accepted. 3. That the City Clerk is authorized to cause the original Deed to be recorded in the Office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 20th day of June, 1989 by the following vote, to wit: AYES: Council Members Lewis, Mamaux & Pettine $r NOES: None ABSENT: Council Members Kulchin All-EST: CLAUDE A. LEWiS, Mayor