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HomeMy WebLinkAbout1990-04-24; City Council; 10596; Acceptance Right-of-Way Easement for Streetscape Phase V Construction on Carlsbad Village Drive Project No 33474 CITWF CARLSBAD - AGEND#ILL < AB# /qxqL FOR STREETSCAPE PHASE V CONSTRUCTION MTG. 4/24/90 DEPT. 1 TITLE ACCEPTANCE OF RIGHT-OF-WAY EASEMENT ClTY M PROJECT NO. 3347 DEPT. ENG: MP ON CARLSBAD VILLAGE DRIVE, - - ClTY A- c 1 I RECOMMENDED ACTION: Adopt Resolution No.P-/f accepting an easement for public righ of-way from John H. and Mary C. Grant and from Motel 6 Operati: Limited Partnership for the widening of Carlsbad Village Drive , a part of the Phase V Streetscape Improvements, Project No. 334 ITEM EKPLANATION! On February 2, 1988, the Carlsbad City Council acting as t Carlsbad Housing and Redevelopment Commission approved the Negati Environmental Declaration for the Streetscape program. At th time, the Commission directed staff to investigate the feasibili of widening Carlsbad Village Drive (Elm Avenue) at Harding Stre in order to allow U-turns. If Carlsbad Village Drive is widen five (5) feet at the northeast corner of Harding Street, the le turn pockets could be moved far enough away from the opposite cur to allow cars to make U-turns. Smaller right-of-way acquisitio are required on the north side of Carlsbad Village Drive betwe the 1-5 freeway off-ramp and Harding Street to avoid a sudd change in the alignment of the curb face. A small right-of-w acquisition is also required at the northwest corner to allow smooth transition for the westbound travel lanes through t Harding Street intersection. A total of five (5) different right-of-way dedications from fc (4) different property owners will ultimately be required. 1 right-of-way easement to be accepted by the attached resolution the Motel 6 frontage between the Chevron station and the Carl's J restaurant. This property is owned jointly by the Grants and Mot 6 Limited Partnership. Staff is working to secure the remaini right-of-way dedications. Staff recommends the acceptance of t attached easement. a a FISCAL IMPACT: 6 This right-of-way easement is offered to the City at no cost. 9& CL 2 EXHIBITS : 1. Location map. 2. Resolution No. %?//f accepting grant deeds for the futt I. 2 s widening of Carlsbad Village Drive. '0 3. Grant Deed from John H. and Mary C. Grant to the City 4 d Carlsbad. 0 4. Partnership grant deed from Motel 6 Operating Limit 2 3 Partnership to the City of Carlsbad. 0 0 I LOCATION MAP I - I B z 0 z c) v) "I 311 "I I m m 4 c 1 iL CARLSBAD VILLAGE DRIVE LEGEND 4 EASEMENT TO BE ACQUIRED .-i PROJECT NAME PROJECT # EXk 1 STREETSCAPE PHASE p ROW ACQUISITION 3347 * z I/ 1 2 3 4 5 e I 0 RESOLUTION NO. 90-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING GRANT DEEDS FOR THE STREETSCAPE PHASE V CONSTRUCTION, PROJECT NO. 3347 ~ WHEREAS, an easement identified as a portic 6 Village Drive: and 8 public right-of-way to allow to the City's widening of Cal 7 Assessor's Parcel Nos. 203-320-12 and 203-320-35 is requirc 9 WHEREAS, the property owners have offered to the C 10 no cost, a dedication of said required right-of-way; and 11 WHEREAS, the Carlsbad City Council finds it nece! 12 16 2. That a grant deed from John H. and Mary C. Grant 15 1. That the above recitations are true and correct. 14 NOW, THEREFORE, BE IT RESOLVED as follows: 13 desirable, and in the public interest to accept said dedici transferring interest in Assessorls Parcel Nos. 203-320-12 an 17 partnership grant deed from Motel 6 Operating Limited Partnc 18 320-35 are hereby accepted and the City Clerk is hereby auth 19 Recorder. Copies of said recorded deeds are to be forwarded 20 and directed to record said deeds with the San Diego 1 21 /// 26 /// 25 /// 24 /// 23 /// 22 /// /// 27 28 /// .. 6 I1 e 0 1 Department by the City Clerk following their recordation. 2 Housing and Redevelopment Office and the Municipal Prc 3 4 PASSED, APPROVED AND ADOPTED at a regular meeting c 5 ABSENT : None 9 NOES: None '8 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and 1 7 by the following vote, to wit: 6 Carlsbad City Council held on the 24th day of April 1 3.0 11 12 13 14 (SEAL) 15 ALETHA L. RAUTENKRANZ, City gerk ATTEST: 16 17 18 19 20 21 22 23 24 25 26 /I 27 11 28 . L Order No. Escrow No. *I 0 Loan No. WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 ATTN: CITY CLERK I SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ ................................ JOHN H. AND MARY C. GRANT 7173 OBELISCO CIRCLE CARLSBAD, CA 92UUf ...... Computed on the consideration or value of property con> ...... Computed on the consideration or value less liens or encl remaining at time of sale. Signature of Declarant or Agent deterlnining tax - Firm GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John H. and Mary C. Gral hereby GRANT(S) to city of Carlsbad, an easement for public right-of-way across the real property in the City of Carlsbad County of San Diego , State of California, des ASSESSOR'S PARCEL NUMBERS 203-320-12 AND 203-320-35 THAT PORTION OF TRACT NO. 11 7 OF CARLSBAD LANDS PER MAP NO. 1661 AND THAT PORTION 01 1 PER PARCEL MAP 131 1 IN THE CITY OF CARLSBAD, COUf\lTY OF SAN DIEGO, STATE OF CALIFORP IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: STARTING AT THE MOST SOUTHERLY CORNER OF PARCEL 2 PARCEL MAP 2868 FILED IN THE OFFIC COUNTY RECORDER OF SAN DIEGO COUNTY JULY 22, 1974; THENCE NORTH 55. 21' 00" EAST A C OF 162.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 550 21' 00" EAST A DISTANCE I FEET; THENCE NORTH 34. 31' 00' WEST A DISTANCE OF 1 .I6 FEET; THENCE SOUTH 560 14' 40' DISTANCE OF 11 6.49 FEET; THENCE SOUTH 340 39' 00" EAST A DISTANCE OF 2.98 FEET TO THE TRI OF BEGINNING. AREA OF RIGHT-OF-WAY ACQUISITION DESCRIBED HEREON = 241.09 SQ. FT. (-? 3/12/90 $& i< [ /*;? -h,p( ./I , Dated - I -e I - .. Jss. , ,</ . . -7 .I , ' ' .I \+- .. STATE OF CALI .. j /* &..2..- >,' i-.- L;& ..."/.> ?I(~WU'~IBGO COUNTV OF I On before me, the undersigned, a Notary Public in and for said State, per- sonally appeared *"JoHN H. GRANT AND II' 3/12/90 iJ -N~JLANT~;**J- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshelthey executed the same. WITNESS my hand and official seal. .f) Signature " NOTARY F!JBLIC I CJI.J (This area for official notarial seal) ~~~ l"zTI] AREA RL ~'.~.~.'.'.'.'.'_'.~.~.~,~ ................................... ...._...............(..._........ ;.:.:.:.; .::.._. :..:,.: :.:.:.:.:.:.:.:.:_:: .:.:.:_:.: :::,::.:.:.t:. ::.:.:.:.:.:.: ..:...._. _.:.............. . ....................... .'.'.~.'.~.'.'.'.'. .:: ...................... . . . . . . . , , . , BASE Of B€ARhVG9 THE BASIS Of BEAUINGS Fo? TffiS PLA7l.S THE d Of ELM PH? EM. 2568,l. E NS5 O 26 '02'"E AR€A OF AQU/$f T/UN = 24 1 .o? SQUARE FEET VICIN17-Y MAF I I MANUEL E. NIETO RE30724 DATE EXP-DATE 3/31/92 C1-T)' OF CmLS[ I I, Rwuedn !fw &+ d ELM AVENUE (0 ,,t+'W+ couw Enplum 215 E(rD4dr., 54. roo Ptvmrs sn n.30. a PZIOI ACQUISITIOi\I PL -*prr he- [61PI 2314772 DATE 1 I. 10.89 X)U f Bc( [@ Church Engineering, Inc. RIGHT OF WA 2 LWW O J, Ckn. 3 4Jl w c,~tc'* _1. - .. .l e' 0 .. CITY OF CARLSBAD ELM AVENUE RIGHT-OF-WAY ACQUISITION THAT PORTION OF TRACT NO. 117 OF CARLSBAD LANDS PER MAP NO. 1( AND THAT PORTION OF PARCEL 1 PER PARCEL MAP 1311 IN THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN ! OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED FOLLOWS : STARTING AT THE MOST SOUTHERLY CORNER OF PARCEL 2 PARCEL MAP 2: FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY J1 22, 1974; THENCE NORTH 55" 21v0011 EAST A DISTANCE OF 162.71 F. TO THE TRUE POINT OF BEGINNING: THENCE NORTH 55" 21' O0l1 EAS: DISTANCE OF 116.47 FEET; THENCE NORTH 34" 31' OOt' WEST A DISTA OF 1.16 FEET; THENCE SOUTH 56" 14 I 40'' WEST A DISTANCE OF 116 FEET; THENCE SOUTH 34" 39' 0O1l EAST A DISTANCE OF 2.98 FEET TO TRUE POINT OF BEGINNING. AREA OF RIGHT-OF-WAY ACQUISITION DESCRIBED HEREON = 241.09 SQ. .. ~ i i 1 . ' " RECORDING REQUESTED BY ,. 0 ', .I AND WHEN RECORDED MAIL TO r 0 4 Name CITY OF CARLSBAD I Street 1200 ELM AVENUE Address City & ATTN: CITY CLERK State L CARLSBAD, CA 9200% J MAIL TAX STATEMENTS TO 1 r 'Ti-tx Dt. PALz-ln~ Name -DAV..I[! L . BtctEft- II Street * MOTEL 6 LP Address 14651 DALLAS PARKWAY, SUITE 500 City a DALLAS, TX 75240 State L SPACE ABOVE THIS LINE FOR RECORDER'S US1 Partnership Grant Deed CAT. NO. NN00586 TO 1925 CA (11-83) THIS FORM FURNISHED BY TICOR TITLE INSURERS _1 Documentary transfer tax is flONE k i The undersigned grant&) deciare(s)! i b. ( ) 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, MOTEL 6 gpera a limited . . partnership organized under the laws of the State of TEXAS hereby GRANTS to CITY OF CARLSBAD, AN EASEMENT FOR PUBLIC RIGHT-OF-WAY ACROSS . the following described real properry in the CITY OF CARLSBAD County of SAN DIEGO , State of California. A38E8SOR'S PARCEL NUMBERS 203-320-12 AND 203-32035 THAT PORTION OF TRACT NO. 117 OF CARLSBAD LANDS PER MAP NO. 1661 AND THAT PORTION C 1 PER PARCEL MAP 131 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFOR IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: STARTING AT THE MOST SOUTHERLY CORNER OF PARCEL 2 PARCEL MAP 2868 FILED IN THE OFFH COUNN RECORDER OF SAN DIEGO COUNTY JULY 22, 1974; THENCE NORTH 550 21' 00' EAST A OF 162.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 550 21' 00' EAST A DISTANCE FEET; THENCE NORTH 340 31' 00' WEST A DISTANCE OF 1.16 FEET; THENCE SOUTH 56. 14' 41 DISTANCE OF 11 6.49 FEET; THENCE SOUTH 34. 39' 00" EAST A DISTANCE OF 2.98 FEET Q1HE-T OF BEGINNING. p$$ AREA OF RIGHT-OF-WAY ACQUISITION DESCRIBED HEREON = 241.09 SQ. FT. L 1 APPROVED Dated: STATE OF CALIFORNIA COUNTY OF On before me, the undersigned, a Notary Public in and for said 1 ss. State, personally appeared \dice President Developme: personally known to me or proved to me on the basis of satisfactory evidence to be the person- who exe- cuted the within instrument as of the partners of the partnership that executed the within instrument, and acknowledged to me that such Partnership executed the same. WITNESS my hand and official seal. i E A: I-.. . !IS Signature (This area for official notarial' se . 'I - STATE OF TEXAS 1 COUNTY OF DALLAS 1 ) ss. On the 28th day of February, 1990 before me the undersigned, i Notary Public in and for said State, personally appearec Russell D. Miller, Jr., personally known to me or proved to mc on basis of satisfactory evidence to be the person who execute( the within instrument as the Vice President, Development 01 Motel 6 G.P., Inc., Managing General Partner of Motel ( Operating L.P., a Delaware Limited Partnership, the executio~ Partner on behalf of Motel 6 Operating L.P. WITNESS my hand and official seal. of the within instrument is made by said Managing Genera \"& Notary Public -. - * -. ,. e e. j CITY OF CARLSBAD ELM AVENUE RIGHT-OF-WAY ACQUISITION THAT PORTION OF TRACT NO. 117 OF CARLSBAD LANDS PER MAP NO. 161 AND THAT PORTION OF PARCEL 1 PER PARCEL MAP 1311 IN THE CITY ( CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN T: OFFICE OF THE COUNTY RECORDER OF. SAN DIEGO COUNTY, DESCRIBED , FOLLOWS : STARTING AT THE MOST SOUTHERLY CORNER OF PARCEL 2 PARCEL MAP 28 FILED IN THE OFFICE OF 'THE COUNTY RECORDER OF SAN DIEGO COUNTY JU 22, 1974; THENCE NORTH 55" 2l1OOv1 EAST A DISTANCE OF 162.71 FE TO THE TRUE POINT OF BEGINNING: THENCE NORTH 55" 21' OOtf EAST DISTANCE OF 116.47 FEET: THENCE NORTH 34" 31' 0O1l WEST A DISTAN OF 1.16 FEET; THENCE SOUTH 56" 14 1 40" WEST A DISTANCE OF 116. FEET: THENCE SOUTH 34" 39' OO1v EAST A DISTANCE OF 2.98 FEET TO T TRUE POINT OF BEGINNING. AREA OF RIGHT-OF-WAY ACQUISITION DESCRIBED HEREON = 241.09 SQ. F