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Home My WebLink About1990-05-22; City Council; 10636; ACCEPTANCE OF A PORTION OF PASEO DEL NORTE, EAST SIDE SOUTH OF PALOMAR AIRPORT ROAD PR 3.4.97Q 9 0 E a, % .. z 0 - 6 a d 0 z s 0 GI I I)v' LAHLSUAU - AGENDWILL 1 DEPT. AB# :L , . :J L TITLE: MTG. 5-22-90 CITY 1 DE:PT.ENG. PR 3.4.97 CITY I ACCEPTANCE OF A PORTION OF PASEO DEL NORTE, EAST SIDE SOUTH OF PALOMAR MEWORT ROAD RECOMMENDED ACTION: Adopt Resolution No.- ~ accepting an easement deed for publi purposes of a portion of Paseo Del Norte and directing the City Clerk to deed to be recorded. I u '; ITEM EXPLANATION: As a condition of approval of SDP 88-8, the Winters Partnership is required 1 dedication six (6) feet of right-of-way along a portion of the east side of Norte, south of its intersection with Palomar Airport Road. This represenl of the right of way necessary to provide enough space for an additional left northbound Paseo Del Norte to westbound Palomar Airport Road. The ren (6) feet will be acquired through the same process on the west side of the the same partnership as a condition to SDP 90-4. FISCAL IMPACT: Requiring dedications as a condition of development will save the City expel future right of way acquistions. EXHIBITS: 1. Location Map. 2. Grant Deed. 3. Resolution No. ,- l_- accepting an easement deed for public purposes of a portion of Paseo Del Norte and directing the City Clerl said deed to be recorded. 7. _--____--- --__----- 0 '+ ' >: . RECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED MAIL TO r 1 Name City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Street 9tJdress city 84 State L J r 1 MAIL TAX STATEMENTS TO Name City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Street Address Clty 8i State L J 0 SPACE ABOVE THIS LINE FOR RECORDER'S USE- JZ < E T3 1925 CA (11-83) THIS FORM FURNISHED BY TlCOR TITLE INSURERS w The undersigned grantor(s) declare(s): Documentary transfer tax is -0- Road Dedication. ( ) 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: ( X ) City of Carlsbad , and I;OK A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WINTER FAMILY PARTNERSHIP a Limited hereby GRANTS to partnership organized under the laws of the State of Cal i forni a the CITY OF CARLSBAD, A Municipal Corporation, the right-of-way fox Public Road purposes the following described real property in the County of San Diego , State of California. See Exhibit "A" , page one of one for legal description, incorporatc City of Carlsbad herein, and Exhibit "B" for reference only (attached hereto). PARTNERSHIP ACKNOWLEDGMENT 0 m ' -)*-, EXHIBIT "A" LEGAL DESCRIPTION OFFER OF DEDICATION FOR 6 FEET OF PASEO DEL NORTE A PORTION OF PARCEL "A" OF PARCEL MAP NO. 2923, IN THE CIT CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 8, 1971 FILE NO. 74-214575 OF OFFICIAL RECORDS AND A PORTION OF PARCEL PARCEL MAP NO. 195, IN THE CITY OF CARLSBAD, COUNTY OF SAN Dl STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER 01 DIEGO COUNTY, JANUARY 30, 1970 AS FILE NO. 18100 OF OFFICIAL RECi DESCRIBED AS FOLLOWS: THE WESTERLY 6 FEET OF SAID PARCEL "A" AND THE WESTERLY 6 FEET OF PARCEL 2 WITH A 20 FOOT RADIUS CURVE TANGENT TO THE NORTHERLY LIP SAID PARCEL 2 AND THE EASTERLY LINE OF THE WESTERLY 6 FEET. --_ 1 G;; .. e EXHIBIT "B" 0 >. *, . _* PLAT FOR THE DEDICATION OF A PORTION OF PASEO DEL NORTE IN ME CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. N87'48'39'W - -A z PALOMAR AIRPORT ROAD g N87'48'39"W i60.00 154.00 T* 0 (D 9 I'CL :? 2 P(:L 5 - r N z --- N87'49'10"W 138.00 m SCALE: 1'=6C - 6' OFFER OF DEDlCATlON z ,--*: :-- .-.: ._ .- 2b. PCL 13 - 7- .. . . .- --_ - -.-. . - . BRIAN SMITH ENGINE1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 W 0 RESOLUTION NO. 9 0 - 14 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED. WHEREAS, the Winter Family Partnership has submitted a Grant Deed ( an easement to the City of Carlsbad for public highway purposes for six (6) fc east side of Paseo Del Norte south of its intersection with Palomar Airport Ro WHEREAS, the City Council of the City of Carlsbad determined it to public interest to accept said Deed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California, as follows: 1. 2. That the above recitations are true and correct. That the Grant Deed from the Winter Family Partnership, dated 2, 1990, conveying six (6) feet on the east side Paseo Del Norte south of its in with Palomar Airport Road to the City of Carlsbad which is on file with the ( and is incorporated herein by reference, is accepted. 3. That the City Clerk is authorized to cause the original Deed to be 21 22 23 24 25 26 27 28 /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 LO 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w e in the Office of the County Recorder of San Diego County, State of California, appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl , 1990 by the following vote, to M Council held on the 22nd day of May AYES: Council Members Lewis, Kulchin, Pettine, Mamaux an NOES: None ABSENT: None ATTEST: ETHA L. EN Z, City Clerk gw) M% KUe Assistant City Clerk < I mi i;l L5# 'e8 @O 322489 RECORDING REQu a STED BY AND ) -i- 1 1 CITY OF CARLSBAD ) 1200 Elm Avenue 1 Carlsbad, California 92008 ) WHEN RECORDED MAIL TO: -- --- Space above this line fo Documentary transfer tax: +"' $-- Signature of declarant determining t; City of Carlsbad Parcel No. 211-050-05 & 11 QQ# name TO: CITY OF CARLSBAD (Hereinafter referred to as I1Citylt) PETITION, WAIVER AND CONSENT TO SPECIAL ASSESSMENT PROCEEDINGS WHEREAS, the undersigned Property Owner at this processing for development within the Cit.y a development known and identified as Site Development Plan 88-8 (herc referred to as the ll'Projecttv); and WHEREAS, the Ci.ty has determined this Project to be within the boundaries of a proposed special assessment ( known as Palomar Airport Road and Interstate 5 Assessment 1 (hereinafter referred to as "Assessment Districtnt); and WHEREAS, the Property Owner desires to proceed b processing ahead of the formation of the Assessment Dist NOW, THEREFORE, in consideration of proceeding h development, the undersigned Property Owner hereby agr certifics to the fuilowing: 1. Property Owner hereby petitions the City initiation of proceedings for the formation of a assessment district: which will cause the construct Miscellaneous\M-15. frm R - .w installation e and/or financing of tha following dt I' improvements: A. The widening of the Palomar Airport Road Bridge including the interchange and signa: improvements. B. Interconnection of traffic signals on Palomar Road between Paseo Del Norte and Avenida Encini e. Realignment, Widening and reconstruction of Airport Road from the railroad overpass to ( Boulevard. Other improvements necessary to integrate the pi items, except realignmnt of Paseo del Norte and median del Norte on/at Palm Airport Road. 2. The cost of engineering, legal and other inc expenses will be included in the Assessment District cos1 3. The undersigned expressly waives the proc required and all limitations under the I'Special As: Investigation, Limitation and Majority Protest Act of 1931 Division 4 of the Street and Highways Code of the S California. D. 4. The undersigned hereby further consents proceedings and waives any right to protest to the form; the Assessment District and the ordering of the improvemen applicable California special assessment statutes; 1 Property Owner reserves the right to review the methodo: formula for the final distribution and spread of the assei 5. The property owned by the undersigned, which 'I included within the boundaries of the above-referenced As: District and assessed for its proportionate share of the c expenses, is as set forth in Exhibit llAll, attached referenced and so incorporated. 6. This Petition, Waiver and Consent shall be bii all heirs, successors and assigns of the above-described p: Miscellaneous\M-15.frm Rc , " 7. The e undersigned further sta @S , under penq perjury, that he is the owner of the property as described and has the authority to execute this document, incluc binding authorizations herein. IN WITNESS WHE:REOF, the undersigned has execut instrument this - day of I OWNER (S) : WINTER FAMILY PARTNERSH: > Barbara Winter, Managins Approved a to form: By; 5LLgd /LALO-& KAREN J. HIRATA CW'UlY CITY ATORtNEY VINCENT F. BIONDO, JR. , City Attorney (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY THE OWNERS (S) ATTACHED.) , . Miscellaneous\M-15. firm Rt (Partnership) GLEMdLE FEERA STATE OF CALIFORNIA ) ss. SAVINGS AND LOAN ASSOCIATI1 COUNTY OF ORANGE On May 07 1990 personally appeared -before me, the undersi ned, a Notary Public in and for said Sta ** RAY W bJIET'IXR AND BMARA VfINTER ** personally known to me or proved to me on the basis of satisfactory evidence to be the person that executed this instrument on behalf of the partnership and acknowledged to me that the partnership executed it. -**'. CF""rl' CFF i - \-*p .< -c.Jry .-. 'Z '2' E'$i-?2 c::okc- L^' T&) \ h.w'*rWrz++.- .,.* (This area for official notarial SI WITNESS my hind and off' ia eal, ~ 'A ', &-q,Pt( 1.. Signature GFS FORM 1249 > ’* I. e Exhibit A 3 *”+ Parcel 2 of Parcel Map No. 195, in the City of Carlsbad, C San Diego, State of California, filed in the office of th Recorder of San Diego County, January 30, 1970 and Parc Parcel Map No. 2923, in the City of Carlsbad, County of Sa State of California, filed in the office of the County Rec San Diego CoQnty, August 8, 1974. Miscellaneous\M-15.frm Rc