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HomeMy WebLinkAbout1994-01-18; City Council; 12556; ACCEPTANCE OF DEEDS IN LIEU OF CONDEMNATION FOR BATIQUITOS LAGOON ENHANCEMENT PROJECTAB # ’T K56 TITLE: MTG. *& DEPT. CD LAGOON ENHANCEMENT PROJECT ACCEPTANCE OF DEEDS IN LIEU OF CONDEMNATION FOR THE BATlQUlTOS f DEPT. CITY A CITY M 9 e.. -- 22 ’%> 3 2 -4 m I- -. *g >.. &L z 0 F 0 a 6 8 2 3 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. L * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 w @ 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. I.8 19 20 21 z2 23 24 25 26 27 28 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. 2. 1 I 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 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I.5 16 17 w a 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: 21 22 23 24 25 1 26 27 28 2. - 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. J 2 1__ - 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 r 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 . I ("hit area for official seal} - \ I ,* .' \- @, , 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#@. - 1 / 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 - 0 , 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 J J 7 m m a, C 3 1 7 0 E 6 CQ m LL (I) a I- - !- 11 - 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 Am: ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280E s 8 b * 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 I a a i 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- $ 0 0 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 * a 0 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 I 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 '* T 9 \ I I 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 .- a 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. f&/YL- 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