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HomeMy WebLinkAbout1990-06-19; City Council; 10666; ACCEPTANCE OF A GRANT DEED FOR ROADWAY PURPOSES PR 3.4.86n w tr e 6 3 .. z 0 k 0 4 - z z 3 0 0 w mvr bAHLSBAU - AljltNwLIILL AB# ;c, L. & e- TITLE: DEPT. CITY 1 MTG. 6-19-90 DEPT.ENC. PR 3.4.86 CITY I RECOMMENDED ACTION: ACCEPTANCE OF A GRANT DEED FOR ROADWAY PURPOSES Adopt Resolution No. L8' I - i 3 -1 accepting a Grant Deed for roadway pur direct the City Clerk to cause said deed to be recorded in the office of tl Recorder. ITEM EXPLANATION: As a condition of building permit issuance Richard and Marcella Gilbert ha to grant the City 10 feet of additional R.O.W. along a portion of the weste Pi0 Pic0 Drive near Yourell Avenue. Their offer satisfies the requirements 18.40.030 of the Carlsbad Municipal Code, which requires street dedicatioi building permit issuance. The property being dedicated contains an 8 fo land which was previously dedicated to SDG&E. Staff reviewed the dedic determined that the existing easement will not interfere with the City's prc as a future public street. FISCAL IMPACT: Requiring dedications as a condition of development will save the City e: future right-of-way acquisitions. EZZHIBITS: 1. Location Map. 2. Grant Deed from Richard and Marcella Gilbert, dated April 30, 199 3. Resolution No. : i. e-[ ci 7 accepting a Grant Deed for roadway p I ? _I_ I ClrCII wy 0 KLcwKUlNci KEQUEs-1 AND WHEN RECORDED MAIL TO r 1 Nnmc City of Carlsbad Slrect Address 1200 Elm Avenue City SC Carlsbad, CA 92008 State L -.I MAIL TAX STATEMENTS TO r 1 Name Street Address 1200 Elm Avenue City s( Carlsbad, CA 92008 State City of Carlsbad L _J SPACE ABOVE THIS LINE FOR RECORDER'S USE RANT DEED PR 3 4.86 QWk 8 F EASEMENT APN 156-350-06 Thc undersigned grantor(s) declare(s): ( ) 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 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Documentary transfer tax is $ 0.00 iQ ui', Richard and Marcella Gilbert, Husband and Wife hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad County of San Dicgo, State of California: a roadway casemcnt as described in Exhibit "A" consisting of 1 page, attached hereto and made a part hcrcof. Exhibit "B" consisting of 1 page is attached for clarity only. %,I 3,199 0 STATE OF Czy:m ~ 1 1 COUNTY OF c, c' 1 "#/C,fiAAJX 61Lf Ob@ &,\w,\q (, before me, the undersigned, a Notary Public in and for said State, personally agcared f'crkr~.c\\cL Gi \ \Ydd pcrsonally known to me or proved to me on the basis of sati factory evidence to be the person(s) and ackno6edged to me that he/she hey executed the Name. ;., \ k )I' f 1- )e 1-1 i, ( C\Y\CI 6 k _- - - -_ c namc(s) is /$ 9 subscribed to the within 'nstrument S3IllC. WITNESS my hand and official seal. f"- \, Signature fi3 ' . tC"PCt y Dhis area for official notarial seal) MAIL TI 11.5 STATEMENT AS I)IKECI7;D ABOW? EAHWI I --A" W LEGAL DESCRIPTION - RIGHT OF WAY EASEMENT DEDICATION THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACTS, IN THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING MAP THEREOF NO. 1719, FILED IN THE OFFICE OF THE COUNTY RECORC OF SAN DIEGO COUNTY, JUNE 20, 1921, DESCRIBED AS FOLLOWS: COmIENCING AT THE SOUTHWEST CORNER OF SAID TRACT 7; THENCE ALC THE WESTERLY LINE OF SAID TRACT 7, NORTH 00' 02 t 00'' WEST 905.24 FE TO THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO MARION HENRY, DATED JANUARY 19, 1931 AND RECORDED IN BOOK 1865, PAGE OF DEEDS, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE NORTHEI; LINE OF SAID LAND NORTH 89"58'00" EAST 667.62 FEET TO A POINT THE WESTERLY LINE OF PI0 PICO DRIVE (OLIVE DRIVE PER MAP NO. 1719 THENCE ALONG SAID WESTERLY LINE NORTH OO"O2'00'' WEST 124.90 FE TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN DEED TO IRENE COUI RECORDED FEBRUARY 27, 1947 AS DOCUMENT NO. 21745 OF OFFICI ALONG SAID WESTERLY LINE NORTH OO"O2'00'' WEST 80.10 FEET TO T NORTHEAST CORNER OF LAND DESCRIBED IN DEED TO RICHARD T. GILBEE ET AL, RECORDED OCTOBER 23, 1975 AS FILE NO. 75-293156 OF OFFICI RECORDS: THENCE ALONG THE NORTHERLY LINE OF SAID GILBERT LAND SOU 89'55'45" WEST 10.00 FEET TO A LINE PARALLEL WITH AND DISTANCE 10.00 FEET WESTERLY MEASURED AT RIGHT ANGLES TO SAID WESTERLY LI OF PI0 PICO DRIVE; THENCE ALONG SAID PARALLEL LINE SOUTH 00"02t0 EAST 80.10 FEET TO THE SOUTHERLY LINE OF SAID GILBERT LAND; THEN ALONG SAID SOUTHERLY LINE NORTH 89'55'45" EAST 10.00 FEET TO I: TRUE POINT OF BEGINNm, CONTAINS 0.018 ACRES MORE OR LESS. RECORDS AND BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUI THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION CONFORMANCE WITH THE REQUIREMENTS OF THE LAND SURVEYOR'S ACT, HAS BEEN PREPARED FROM RECORD DATA. A 2,&90 MID B. RAGLAND,& T2-Q %e?- EXPIRATION DATE 6-30-91 gR;jj&:E JOB NO. 5802-01 DECEMBER 19, 1989 PLAT TO ILLUSTRATE RIGHT OF WAY EASEMENT DEDICATION 3. es" W4Ej''W 99.00') ------ A.F?N4 126-3.50-05 156-350-r36 DE MAP No, 1719 A,P. N, 156-350-08 (PER cOC.NO 72-330200 RE. 12-12-72,) INDICATE4 DEDICATED RIGHT OF Wt ( ,) INDICATEG l3?GORp DATA PEE DC M5EM€NT ENhINEER Of WOW: 75-293156 REC. 10-23*76,. VTN Southwest, Inc. RlGHT OF WAY EASEMENT DEDICATION 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 I.7 18 19 20 21 22 23 24 25 26 27 28 e m RESOLUTION NO. 9 0 - 17 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA. ACCEPTING A GRANT DEED. WHEREAS, Richard and Marcella Gilbert have submitted a Grant Deed cor easement to the City of Carlsbad for roadway purposes over a portion of Pi0 Pic0 WHEREAS, the City Council of the City of Carlsbad determined it to be in 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 Richard and Marcella Gilbert, dated April conveying an easement for roadway purposes over a portion of Pi0 Pic0 Drive to Carlsbad which is on file with the City Clerk and is incorporated herein by re accepted. 3. That the City Clerk is authorized to cause the original Deed to be rc /// /// /// /// /// /// /// /// /// jjj .- 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a m 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 Carlsbad C held on the 19th day of June , 1990 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux an NOES: None ABSENT: None ATTEST: dbtk-44 ALETHA L. MU (SEAL)