HomeMy WebLinkAbout1994-01-18; City Council; 12556; ACCEPTANCE OF DEEDS IN LIEU OF CONDEMNATION FOR BATIQUITOS LAGOON ENHANCEMENT PROJECTAB # ’T K56 TITLE:
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DEPT. CD LAGOON ENHANCEMENT PROJECT
ACCEPTANCE OF DEEDS IN LIEU OF
CONDEMNATION FOR THE BATlQUlTOS
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5.A .% ;e ~ITY OF CARLSBAD - AmNDA BILL - 6Lj t $., i
RECOMMENDED ACTION:
Adopt Resolution No. 74-2f accepting a deed from property owners Co
Sammis and John Lamb and authorizing the City Clerk to accept all future deec
of condemnation for the Batiquitos Lagoon Enhancement Project.
ITEM EXPLANATION
On January 4, 1994, the City Council conducted the public hearing and ado
Resolution of Necessity to Condemn for the initiation of eminent domain pro(
to acquire four (4) parcels required for the Batiquitos Lagoon Enhancement
Property owners of one (1) of the four (4) parcels, Constance Sammis and Job
have accepted the City’s offer to purchase and executed a grant deed transfe
required property to the City upon the closing of escrow. This action is i
proceeding with the condemnation. Staff recommends acceptance of the dee
property.
Since the opportunity exists for other property owners to accept the City’s
purchase in lieu of proceeding with the condemnation, it is also recommendec
Council authorize the City Clerk to accept future deeds for the remaining
properties if received by the City.
FISCAL IMPACT
There is no cost for the City’s acceptance of the deeds other than filing and
fees which are administered by Special Counsel and/or the escrow companj
later billed to the City and reimbursed from the Port of Los Angeles. All ac
costs and other deposits are the responsibility of the Port of Los Angeles.
EXHl BITS
1. Resolution No. 74-2f accepting a deed from Constance Sammis
Lamb for the Batiquitos Lagoon Enhancement Project and authorizin!
Clerk to accept future deeds.
2. Grant Deed.
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RESOLUTION NO. 94-28
ACCEPTING A DEED AND AUTHORIZING THE CITY CLERKTO ACCEPT I
DEEDS IN LIEU OF CONDEMNATION FOR THE BATlQUlTOS L
ENHANCEMENT PROJECT.
WHEREAS, the City Council of the City of Carlsbad, California, on Ja
1994 adopted the Resolution of Necessity to Condemn certain properties w
City limits required for the Batiquitos Lagoon Enhancement Project; and
WHEREAS, one of the property owners has accepted the City’s offer to
the property in lieu of proceeding with the condemnation and has execute(
deed to the City; and
WHEREAS, the City Council hereby finds it necessary, desirable, a
public interest to accept this aforementioned deed and future deeds, if any, re
said project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, of th
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
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1 That a grant deed from Constance Sammis and John Lamb 1 property acquisition for the Batiquitos Lagoon Enhancement Project is hereb
and the Mayor and City Clerk are authorized to execute said grant deed. The
is further authorized and directed to forward the original, executed copy of
with the accompanying acceptance certification, to City’s Special Counsel.
Keagy, attention Richard Freeland, 31 70 4th Avenue, 4th Floor, San Diego
92103, and a copy to the Community Development Department.
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3. That the City Council authorizes and directs the City Clerk to a(
deeds, if any, for the remaining three (3) of the aforementioned parcels rec
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City for the Batiquitos Lagoon Enhancement Project. Accepted, executed, and (
deeds shall be returned by the City Clerk to City’s Special Counsel at thf
referenced address.
PASSED, APPROVED AND ADOPTED at the regular meeting of the Carls
Council held on the 18th day of JANUARY , 1994
following vote, to wit:
AYES: Council Members Lewis, Stanton, Nygaard, Finnila
NOES: None
ABSENT: Council Member Kulchin
AlTEST:
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- Ordsr v 0. 1087156-15 Bscrav 80. 1081256TF
VKEM RECORDED HAIL TO:
City of Carrebad c/o John 3, CAhflf
Cnrlebad, CA 92009 fiwi?Yif$:d %E Managar
SPACF: WE ms 1m m FEccRJm'S IISE
NAIL TAX STRTKHIGHTB TO: DOCUMENTARY TRANSFER TAX $ 110,OO x_Ccmputad m the ocplnidwatim or vdlw of pmxrty e As above --tad QI th ccasideratlcn or value less 11- rn
2075 La Palrnae Dr.
Carlsbad, CA 92009
APN : iign~~%RPm ii'G tax-Am NS
rw at the tinw of sale.
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GRANT DEED
FOR A VAMlA6LP; CONSIDERATIO#, receipt of which is hereby acknowledged,
CONSTANCE 8, BAMMTS, TRUSTEE OF THE CONSTANCE S, SA#MIS REVOCABLE TRUBT. DATED DECEMBER 15, 1992, AB TO AN UHDIVTDED 23% INTEREST AND JOHN M. LA#R, AN 1INMARRTF
AS TO AN UNDIVTDFI) 77% INTEREST, BS TENANTS ZN CQMYON
hereby #W(S) to
CTTY OF CARLSRAD, n municipal corporation
the real property in the City of Carlrbad, Cnunty of San Dzeqo, State of Cal:fo! described as:
THAT PORTION OF LOT I AND LOT 4 OF SFCTJON 33 IN XOYNSHXP 12 SOUTH, RRNGF A YFSS BERNARDTNO MERTDTAN, KN THF CrTY OF CARLSBAD, AS MORE FULLY DESCRIBED TN RXHT!+T6
ATTACHED HERETO,
DRTKD: December 8, 1993
E2Y:a~18R
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Cm-boa \ q \9QT
~ore m, the undersigh&, a Notary public in ad far said State, prma7ly - - ..----
,
plr#rclzy ktam to Ipb (CQ pmrmd to me on Ulr buia of MtisZactary evidence) to be th pst'aanh) uhcue mts) islare arbecribed
to tho dthln hatnmant and acknuul~ to m that hdahs/tksy smrcutul the saw in his/ h~/th& RUthWilcrd CapaCjty(ieS), and that bj hlriher/their si~~ture~sl an the jnstnamt
the pmm(a) or the vmtity rrgar bhlf of whirh fhn parson (n) actad, executed the lncrtnancnt .
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("hit area for official seal}
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EXHIBIT "AI'
LEGAL DESCRIRTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFOB COnTY OF SAN DSEGO, AND ZS DESCRIBED AS FOLLOWS:
THAT PORTSON OF LOT 1 AND LOT 4 OF BECTXOH 33 IN TOW?4SHIP 12 SO RANGE 4 WEST, SAN BERHARDINO MEPIDIAN, XN THE CITY OF CARLS COVNTY OF SAN bTEGb, STATE OF CALIFORNXA, ACCORDING TO OFFICIAL THEREOF DESCRIBED AB FOLLOWS:
CQ,MMENcZNG AT THE ZNTERSECTION OF THE WESTEaY #ZGMT-OP-WAY CIN ZNTZRSTATE WIGHWAY FXVE PER Zd8 775 AND THE NORTH-SOVTH QUA SECTION LINE OF SAXD SECTION 33, SAXD QUARTER SECTION LINE ALSO B A PORTION OF THE 8UBDIVX8ION BOUNDARY OF CWsBRD TRACT 85-14 PEI
RECORDER OF SAID CQVNTY; THENCE ALdNd SAID QUARTER SECTION LINE Z
LEAVXN5 SAID QUARTER SECTION LZNE AND SAID SUBDYVISTON BOUNDARY 1
NO. 21616 A8 RECORDED SEPTEMBER 12, 1986 IN THE OFFICE OF THE C(
0'55'46ff WEBT 634.76 FEET TO THE; TRUE POTNT OF BEGINNING; TI
41*3a'4~ EAST 37.66 FEET; THENCE NORTH 32*26'so" EAST 86.70 I THENCE NORTH 21'24'18'' EAST 146.24 FEET! TO A POINT ON THE WES': RXQHT-OF-WAY OF 8MD H'IOXWAY FIVE TflENCE ALONG SAID RIGHT41 @OUTS! 38404'101t EAST 80.62 FEET1 THENCE BOUTH 3L*00'56tt FAST 31 FEETI THENCE LEAVING SAXD WESTEEY RIGHT-OF-WAY ALQNG A PORTIC 8AIR SUBDIVISION BOUNDARY bOVTX 33e09'27" WEST 613.26 FEET TO A 1 ON SAID QUARTER BECTION r,,rmI THENCE ALONG SAID LINE NORTH 000s WEBT 679,55 FEET TO THE TRUE POINT OF BECTNNfNG.
EXCEmXHQ ANY PORTION OF THE DEgCRZBED PROPERTY WHICH 1s 01 HXBTORICALLY TIDECANDS BELOW THE ELEVATION OF THE NATURAL om
"
HfGH TIDE.
I3AVIN6 u AREA OF 3.728 ACRES MOR8 OF &E#@.
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6LQf r". STATE OF CAI, ORNlA I COUHWQF
War0 ma, 1 d On pnncndly !lJdk-i'*l)c wpa4r@d JOHN urn--- -Im 1+7-
ps<aanelly known t~ me (or provvbd
to me an the bwlo of (~at~dBc1ory evldmw) !a be the p.rsb$d wMse nam$ is/~b$ctIM IO I~R wirhln
Indrumon1 Md aduioHoedgbd 10 methat hrlahehhoy oxecut~d Ihe vame in his'hMfi4dif a(lharlzM capaclly(i06).
and that by bi8bNbkW slgnaturep on Iha indrument the per
1 $ ' 1 ~araonf acted axWt@d the instrument
5 WITNESS my h and off iclal seal
W. Sianaturd b -.
(Thb area fac &crd natvlll (eatu1
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated December 8, 1993 Constance S. Sammis, Trustee of the Constance S. Sammis revocable from trust and John M. Lamb
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. 94-28 , adopted
on January 18, 1994
recordation thereof by its duly authorized officer.
, and the grantee consents to the
DATED: January 19, 1994
By : &&X& 4 b
ALETHA L. RAUTENKRANZ, City C191
F c3BD b35 509
Do not use for lnternatlonal Mall
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January 20, 1994
Asaro and Keagy
3170 Fourth Avenue, 4th Floor
San Diego, CA 92103
Attention: Richard Freeland
RE: Grant Deed regarding the Condemnation for the Batiquitos
Lagoon Enhancement Project
The Carlsbad City Council, at its meeting of January 18, 1994, adopted Resolution No. 94-28, accepting a deed from property owners Constance Sarnmis and John Lamb regarding the condemnation of the Batiquitos Lagoon Enhancement Project.
Enclosed please find a copy of Resolution No. 94-28 and the original Grant Deed signed by Constance Sammis and John Lamb for recordation.
aJ2- ALETHA L. RAUTENKRANZ, CMC
City Clerk
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Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280E
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August 8, 1994
Richard R. Free1 and, Attorney ASARO, KEAGY, FREELAND & McKINLEY Fourth Floor 3170 Fourth Ave. San Diego, CA 92103
RE: CERTIFICATE OF ACCEPTANCE FOR MITSUUCHI GRANT DEED - BATIQUITOS LAG( ENHANCEMENT PROJECT
Enclosed per your request is a Certificate for Acceptance of the Mitsuuchi Gri Deed which has been signed by the City Clerk on behalf of the City of Carlsb
Please note the corrections on the enclosed copy of the grant deed. The ret address should specifically include "City Clerk's Office", and the street n has officially been changed from "Elm Avenue" to "Carlsbad Village Driv Please see that the above corrections are made on the original grant deed.
Thank you for your assistance in this matter. &e Assis nt City Clerk
Encs.
c: John Cahill
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated
from THE ROY K. MITSUUCHI FAMILY TRUST ..........................
August 3, 1994
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbac
California pursuant to resolution No. 94-28 , adopted
on January 18, 1994 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: August 8, 1994
By : W&&& ALETHA L. RAUTENKRANZ, City ole-
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August 8, 1994
TO: LEE RAUTENKRANZ, CITY CLERK
FROM: @HN CAHILL, MUNICIPAL PROJECTS MANAGER
SUBJECT: ACCEPTANCE OF GRANT DEED RELATED TO
BATIQUITOS LAGOON ENHANCEMENT PROJECT
Lee:
As requested by our Special Counsel for property acquisition for the Batiquito,
project, please prepare and execute an acceptance of the enclosed grant deed to 4
parcel the City is acquiring for the project. Please send it directly to attorne
Richard R. Freeland, c/o Asaro, Keagy, Freeland & McKinley at the address liste
in his enclosed August 4th letter. The City Council authorized the City Clerk t
accept all deeds related to this project in a recent resolution.
I have already requested the Finance Department prepare and forward the chec
directly to the escrow company for the purchase of the property and escrow fees
Thanks for your help.
c: City Attorney
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ASARO, KEAGY, FREELAND & MCKINLEY
ATTORNEYS AT LAW
FRANK L ASARO FOURTH FLOOR
ROSCOE D KEAGY
RICHARD R FREELAND STEVEN A MCKINLEY SAN OlEGO CALlFORNjA 92103
TIMOTHY M BARRY TELEPHONE I6191 297-3170
SHEILA M LEONE
3170 FOURTH AVENUE
FACSIMILE id191 299-4288
August 4, 1994
Mr. John Cahill
Office of City Manager
Department of Municipal Projects
2075 Las Palmas
Carlsbad, CA 92009
Re: Carlsbad/Batiquitos Lagoon Enhancement Project
Mitsuuchi Property
Dear John:
Enclosed is a copy of the Grant Deed to be signed by the Mitsuuchi Trustee, and a cc
of the estimated closing statement, representing funds necessary to close this escrow. I wc
appreciate it if you would have the City Clerk execute an acceptance of this Grant Deed s return it to me for transmittal to First American Title Insurance Company. In addition, I wc
appreciate it if you would provide me with the City's check in the amount of $31 2,600.00 pay:
to "First American Title Insurance Co., Escrow No. 1095433TE' for transmittal to the title comp
I believe that this escrow will close as soon as the Deed is returned from the Mitsuuc
Please feel free to call should you have any questions.
Very truly yours,
ASARO, KEAG REELAND & McKIb d Richard R. Freeland
RRF/mad
Encs.
98/03 ''34 14 : 59 1D:FIET QERICQN TITLE FAX : 6192314bvb rwt 0 e
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Order No. 1095433-15 1
Escrov Ho. 1095033TE I I Recotdlng Requested by:
rIRST AIIERICM TITLE INS. CO.
UHEH RECORDED MAIL TO:
OF CARLSBhD c \rv CLCRLS o fftcc -
1200 -CW~SM~ VIUMC oatd
SAG AWE MIS I3NE WR REXRDIR'S USE
HAIS, TAX STATlW3JTS TO:
WCUHENTARY TRANSFER TAX $
Wted m tbe eawideratiul CD value of property THE CITY OF CARLSBS
JLCA-6L ilG1VL ed cn the ccllsideraticm or uadmxxs mmining at the time of sale.
Carlsbad, CA 92008
AP#:216-121-02 and 03 .. signature of Declarant or Agent deterrmnurg tw-finn N
GRANT DEED
FOR A VALUABLB CONSXbSRATfOI?, receipt of which is hereby acknowledged,
"YCY l4. HITSUUCRI,
1987
hereby GRAnr(S) to
THE CXTY OF CARLSBhD, a municipal corporation
the real property in the City of Carlsbad, County of San Diego, Stat? of Calif4
as mort described as:
Trustee of THE ROY K. WITSUUCRI FAMILY TRUST, dated Janua
AS PER EXIIIRIT "A" ATTACRED HERETO AND MADE A PART HEREOF
mn TAX ST~TE~ENTS TO TEE ADDRESS ABOVE
08/03 '94 14:59 1D:FIRST AnERICAN TITLE tax :blkk'514~ro I ""L a e
v
Dated: August 3, 1994
THE ROY K. MITSUUCHL FAHILY TRUST
dated January 21, 1987
BY : BY:
Nancy 3. Hitsuuchi, Trustee
3Y: BY:
08/03 '94 14~59 IU:FIk\I UT#KILW IIILt t HX : b I JC 3 A 4uw ruyL L 0 e
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ORDER NO. 1095433-1!
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SXTUATED IN THE STATE OF'CALIFORNIA
COUNTY OF SAN DIEGO, AND IS DESCRIBED As FOLLOWS:
THAT PORTION OF LOT 2 OF SECTION 35 IN TOWNSHIP 12 SOUTH, RANGE WEST, SAN BERNARDINO MERIDIAN, IN THE CXTY OF CARLSBAD, COUNTY OF SA:
DIEGO, STATE OF CALIFORNIA, ACCORDING M UNfTED STATES OOVERNMEN
SURVEY THEREOF APPROVED MAY 3, 1683, AS DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNGR OF SAID LOT 2; T"CE ALONG TH. WEST LINE OF SAID LOT 2 SOUTH 00°30'25" WEST 650.09 FEET TO THE TRU
EAST, 25.05 FEET; THENCE SOUTH 88O23'16" EAST 186.46 FEET; THENC SOUTH 24O35'19" WEST 32.20 FEET; THENCE NORTH 89O25'19" EAST 74.1 FEET; THENCE NORTH 76°15'S7" EAST 107.18 FEET; THENCE NORTH 21O11'16 EAST 124.19 FEETj THENCE NORTH 61O34'21" EAST 108.27 FEET; THENC NORTH 37O32'46" F3GT 83.49 FEET; THENCE NORTH 87e27'08* EAST 172.5 FEET; THENCE SOUTH 89O37'38" EAST 98.65 FEET; TWENCE SOUTH 73O55'27 EAST 197.30 FEET; TH%NcE SOUTH 12°08'29w WEST 71.27 =ET; THENCE SOUT
14O31'43" WEST 69.45 FEET; THENCE SOUTX 69OS8'09" EAST $3.35 FEE?
THENCE SOUT'H 52°07'02R EAST 151.89 FEET; THENCE SOUTH 23O32'13" EAS
124.62 FEET; THENCE NORTH 88O46'19" EAST 61.11 FEET: THENCE NOR?
43O59'52" EAST 58.68 FEET; "XENCE NORTH 32°31'53n EAST 20.64 FEET 1
T)zE EAST LINE OF SAID LOT 2; TXENCE ALONG SAID EAST LINE SOW
THENCE ALONG THE SOUTH LINE OF SAID LOT 2 NORTH 82O17'54" WEST 796.: FEET; "XENCE SOUTH 6Oo41'4Ow WEST 607.91 FEET TO THE SOVTWWEST CORNE OF SAID LOT 2; THENCE ALONG THE WEST LINE OF SAID LOT 2 NOR7
00°30'25" EAST 549.39 FEET MORE OR LESS To THE TRUE POINT C BEQXMJING.
paim OF BEGINNING; THENCE LEAVLNQ SAID WEST LINE SOUTH 340~0'29
00°32'02" WEST 206.09 FEET TO THE SOUTHEAST CORNER OF, SAID LOT i
PAGE 8
08/03 ‘94 1fJ:Oo 1D:FiFST WERICClN TITLE I- UX : b 1 Yd’314bi wuc 3 e e
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ESTIHATED CLOSING STATERENT BUYER
THE CITY OF CARLSBAD
a mnicipal corporation
Rstimated Closing Date:
August 5, 3994 Escrow No. 1095433TF.
Page 1
Pr opt 1: t y :
11.837 acrtslBatiquitos lagoon, Carlsbad, CA
DER JTS : CR
Total Considerat ion 309,000.00
TITLE CRARCES:
Owners Title Policy Premium 1.3 70.90 Federal Express 30.00
339.90 County Doc. Trlntftr Fee 5.00 Record Grant Deed
ESCROW FEES: Escrov Fee 1,536.00
25.00 Prepare Grant Deed 493 * 20 HISC. /PAD/REmD
Balance Due Escrow
Totals
NOTICE:
312
31 2,600.00 312
This estimated closing statement in srlbjctt to changes, corrections or
additions at the time of final computation of closing escrow statement.
First American Title Co.
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L '&/V.rr Y4 13.w IU-t indl WLI\ILWV i I tu I rVI*L--,,,,"", '1UL 0 e 1
FIRST AMERICAN TnlE lAfSUMNCE COMPANY
411 IVY STREET SAN DIEGO, CALIFORNIA 92101
(6 19) 23 14656
FIRST AMERICAN TITLE lNSURANCE COMPANY
ESCSROW DEPARTMENT
411 IVY ST.
SAN DIEGO, CA.
ATTN: TRlSH €RICKSON
OUR ORDER NO.: 1095433-15
YOUR UEERENCE: 10954337'E
DATED AS OF: APRIL 26, 1994 AT 7:30 A.M.
THE ABOVE NUMBERED REPORT (INCLUDING ANY SUPPLEMENlS AND/OR
AMENDMENTS THERETO) IS HEREBY MODIFIED AND/OR SUPPLEMENTED TO REFLECT
THE FOLkOWING ADDITIONAL ITEMS REUTiNG TO THf ISSUANCE OF THE POLICY:
XXXX lTEM NO(S). 8 OF OUR PREllMINARY REPORT HAWAVE BEEN DELETED.
DATED: lurv2a, 1994 nRSf AMEMCXN TDlE INSURQNCE COMPANY