HomeMy WebLinkAbout1995-06-27; City Council; 13211; DECLARING THE ALLEY WEST OF STATE STREET AND NORTH OF CEDAR AVENUE TO BE A PUBLIC ALLEY FOR ALL RIGHT-OF-WAY PURPOSES.@a -& 2J-t b
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ClBOF CARLSBAD - AGEW BILL f/ t i-f i- 1’
AB# 13,- TITLE: DECLARING THE ALLEY WEST OF DEPT
CITY
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DEPT. ENG (PR 3.4.243)
STATE STREET AND NORTH OF CEDAR AVENUE TO BE A
PUBLIC ALLEY FOR ALL RIGHT-OF-WAY PURPOSES
RECOMMENDED ACTION:
Adopt Resolution No. 95- l3 9 declaring an area quitclaimed by the AT&SF
Company to the City to be a public alley for all right-of-way purposes.
ITEM EXPLANATION!
On December 6,1983 the City Council adopted Resolution No. 741 2 to accept a q
deed executed by the Atchison Topeka and Santa Fe Railway Company for a righ
for storm drain construction.
At the time the deed was accepted and recorded, the area described in the deed h
used for access to leaseholds on the railroad right-of-way. The area was also i
Avenue.
As part of the storm drain construction in 1985, the area was paved. Since that tirr
been maintained by the City as a public alley.
Due to the construction of the Carlsbad Commuter Rail Station, Pacific Bell Te
Company will relocate their facilities that were formerly overhead in the
right-of-way. On May 2, 1995, Pacific Bell requested an easement from the City
facilities to be relocated underground in the subject alley. Their request is basec
fact that the quitclaim deed itself does not reference a purpose for its use.
Engineering Staff reviewed the request and found that all public utilities, not jus
Bell, should have assurances of lawful use of the alley for right-of-way pi
Engineering Staff therefore recommends that the alley, described in the quitclaim (
formally declared by the City as a public alley for all right-of-way purposes.
access to the rear of properties fronting on the west side of State Street north c
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action. The exy
maintenance of the area as a paved public alley has already been assumed by 1
EXHIBITS:
1. Location map.
2. Resolution No. 4 5 e 179 declaring an area quitclaimed by the AT&SF
Company to the City to be a public alUey for all right-of-way purposes.
3. Quitclaim deed.
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CIN OF ENClNlTA
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RESOLUTION NO. 95 - 179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DECLARING AN AREA QUITCLAIMED BY THE AT&SF
RAILWAY COMPANY TO THE CITY TO BE A PUBUC ALLEY FOR ALL
RIGHT-OF-WAY PURPOSES (PR 3.4.243).
WHEREAS, the City Council on December 61 1983 adopted Resolution No,
' WHEREAS, Resolution No. 7412 accepted a quitclaim deed of all interests
parcel of land from the Atchison, Topeka and Santa Fe Railway Company; and,
WHEREAS, said parcel of land was accepted as a right-of-way for constructio
drain; and,
WHEREAS, at the time of accepting the quitclaim deed, said parcel of land I
use by the public as an access to leaseholds in the Atchison, Topeka and Santa
right-of-way and for access to the rear of properties fronting on State Street; and,
WHEREAS, the City of Carlsbad has maintained said parcel of land as a p
alley continuously for over five years; and,
WHEREAS, said parcel of land has been used by the public as a public
continuously for over five years; and,
WHEREAS, it is the intention of the City Council that the use of said parcel
public right-of-way be continued,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City (
California, as follows:
1. That the above recitations are true and correct.
2. That the parcel of land in the City of Carisbad, California more particular
in that certain quitclaim deed recorded as Document No. 83-449256 in the office o
Recorder of San Diego County, California is a public alley for all right-of-way purl
over, and under that parcel of land.
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3. That, pursuant to Division 2.5, Chapter 1 of the California Streets and His
Section 1806, said parcel of land and alley, more particularly described in the above
to be known as the street alley west of State Street and north of Grand Avenl
designated as a City street and entered into the City street inventory as of the d
resolution is recorded.
4. That the Ci Clerk is instructed to record this resolution in the office of
Recorder of San Diego County, California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C
held on the 27th day of JUNE , 1995 by the following vote, to wit
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
(SEAL)
Exhibit 0 0
Rc'\'. 1,la; (ti71 !+01459X/l3N-70 U+'
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83'449%
A .I - V'* -.- *- RfCORaiNG REQUESRD By I. . .- .< WD MAtL Tc:
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DONATION ANI
QUITCLAIM DEED
FROM
THE ATCHISON, TOPEKA ANa SAXTA FE RAILWAY COMPANY
TO
CITY OF CARLSB.AD
-
Cowring certain real property situate in:
City of Carlsbad
County of San Diego
State of California
Dated - Auqust lGth , 1983 - . 6
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QUITCLAI# DEED
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, 2 Delowclrt: corporation, hereinaltt
tal ltxi "Sa!ttd Fe'', hereby remises, releases, c!anntes ;li\d (iuitcI;~iy!) tu CITY OF
WSBAD, a Cnlii'utnia municipal corporaZion, all of its riptit, title &ind interest ic and to the following describcd real property:
X PARCEL OF LAMI IN THE CITY OF C:ARLSB:\i), COUNTY OF SrW DIEGO, STATE OF CALLFGHNI
EISC HA^ powox OF THAT C~RTAIS XU-FOOT WIDE smw OF LAND SHOWN ON i*~~ OF THE
L~*;'ATIOh' OF THE CALIFORNIA SOUTKLKN RA-\ILROW" (SAID RAILROAD BEING 1HE PKEDECESSOR IN
ISJXREST 'M Tilt: ATCHISON, TOPEKA AND SANTA FE KAILWAY COWANY) FILED Uk3EK THE ACT OF
CDlKWSS OF ;MRCil 3, 1875, ENTITLED "AN ACT GIWXTING TO RAILROADS THE KIG11T OF WAY
rtiROLiCH TW PU8LKC LAMX OF THE LUITtD siATES" FILED IN THE UNITED STATES LAND OFFICE
WS ASGELES, CALLFOKNIA, WRLH 14, 18S1, .\X2 APPROVED BY THE SECRETARY OF 'THE XNTEKIOI
XAk' I?, lS81. DESCRIBED AS FOLLOL'S:
C@L*C!ESCLNG AT TtE ?IOST iiESTERLY COKSER OF THAT CERl'AIN BLOCK J AS SHOWN ON A"NDE1
X-LU OF 'Mi TOW OF CARLSBAD, EkP KO. 775, FILLD >II\HCH 12, 1915 RECORDS OF SAID COUNTY
'T'iENCE SOUTH 55'27' WEST (BcARiXG BASED ON SALD bLZP NO. 775) ALOW THE SOUTHWESTERLY
PROLOXGATLUX OF TXE l<ORTHk'ESTERLY BC)L%DA!!Y (3P SAID BLOCK J, 20.00 FEET 'IO A POINT IN 'I
OF BEGIXNIHG FOR THE PARCEL HEKEIX DESCtlIBED; 'THENCE fJOKTii!r'ESTERI,Y .%LOU SAID
?ROLONGATION OF LOTS 1 TIIROUGH 13 INCLUSIVE AS SAID LOTS AKE SHOWN ON "NAP OF SEASIDE
LX3St', :L- SO. 1722, FILED JULY 28, 1931, RECORDS OF SAID COUNTY, THE FOLLOWING THKEE
(3) COURSES: (1) NORTH 34'33' \<.\'EST ALOYG A LINE HEREINAFTER REFERRED TO AS LINE "A",
253.5& FEET TO A POIiiT IN THE XORTHERLY B(3UNDAiY OF SALD t4AP N@. 775, THENCE (2)
CO;L'I'L&Ul?iiG HORTH 34"33'
951.62 FEET; TIiEXCE (3) NOKTHKESTE3LY AWXG T!K ARC OF A CURVE, TANGENT TO THE PRECEDI
COURSE, CONCAVE SaUTWESTERLY tu\?) UVISG A RADTUS OF 1055.37 FEET, THROUGH A CENTRAL
MGLE OF 9"51' 16", A DISTAYCE OF 181.52 FEET; THENCE NORTHWESTERLY, VESTEKLY,
SOUTH'n'ESTERLY, SOUTHERLY AX9 SC'JTfiEASIERLT ALONG THE AKC OF A CURVE, TANGEhTT TO THE
PKECEDING Ct'liVE, COKCAVE SOUTHEASTEKLY XYD FULVING ii RADIUS OF 40.00 FEET THROUGH A
CENTLAL ANGLE OF 195"20'29", A DLSTAKCE OF 138.47 FEET; THENCE SOUTH 62'44'45" EAST,
CURbX, TAYGEST TO THE PRECEDIKG COURSE, COSCA'JF SOUTHWESTERLY AND HAVING A RADIUS OF
100.00 FEET THROUGH A CENTRAL AKGLE OF 23"11'45", A DISTLYCE OF 49.21 FEET TO POINT OF
TAiiGENCY IN A LINE PAFULLEL WITH &\X i)IST.L!T SOUTHKESTERLY 32.00 FEET, MEASURED AT RIG1
AXGLES FKOX SAID LINE "A" AND SAID LINE "5" AVD TH;I; NORTHhTESTERLY PROLONGATION OF SAID
LINE "B"; THENCE SOUTH 34'33' ELST, ALONG SAID PARALLEL LINE, 950.50 FEET TO A PQINT Ii
SAID PXRXLLEL LINE, 275.51 FEET TO b POINT IS SAID SOUTHWESTERLY PROLONGATION OF THE
PROLOKGATION, 32.00 FEET TO POINT OF BEGISSIKG.
::ORTHEASTEKLY LINE OF SAID ~UO-FOUT XIDE srtiip ,JF LMD, SAID POINT BEING THE TKUE POI&
NQRWEASTERLY LISE BEING :MIKG TtiE SOUTHI~ESTEKLY BOUNDMY AND xlrs souTwslrmY
WEST ALOX A LINE HEREINAFTER REFERRED TO AS LINE "B",
TtWJGEhT TO THE PRECEDING CURVE, 08-12 FtET; THENCE SOUTHE.'&TERLY ALONG THE ARC OF A
SAID NQRTHERLY BOWDARY OF SAID :UP so. 775; THENCE CONTINUING SOUTH 34'33' EAST, ALw
NORTHirXSTERLY LIKE OF BLOCK J; 'L'FLhLL SGKTH 55"27' EAST, ALONG SAID SOUTHWESTERLY
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Rev. 3/15> 017). 40 7 9 5X ti/ UN- 70348-*2*
141
SAIU PARCEL CON'I'AIXS AN AREA OF 1,152 ACRES, MORE OR LESS.
IN WITNESS WHEREOF, Santa Fe has duly executed this Instruincnt this
Qf
16th day
1 1983 * -
THE ATChISON, TOPEKA AND SAHTA YE RAILWAY COI
Bly bv VL <' -dCA
Its President
ATTEST:
By //$,s&c
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Its Assistant Secretary
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STATE OF ILLIWZS)
COUNTY QF COOK )
1 88.
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011 this P I % day of -'I $5 c ' 'Ci' :-
hundred and L ' 7"~ !'. * ' 6 !t C , before me,
Notary Public in and for said County of Cook, State of Illinois, personally appea
Pr
, known to me to be the Assistant Secretary of and
corporation that esecuted the within and foregoing instrument, and known to me to
persons who executed said instrument on behalf of tne corporation therein named, i
acknowledged to me that such corporation executed the within instrument pursuant t
by-law or a resolution ot its Board of Directors.
* in the year one thousand --
LA. ODCZY ' -? \e
. known to me to be the --------- - 1 c A -.
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IN WITNESS WHEREOF, I have hereunto set my hand and a€fixed my official seal in sa
Ccunty the day and year in this certi€icate first above written.
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I Notary Public in ad €j$&id
County of Cook
State of Illinois
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(SEAL) ~iy Commission expires Y'r '-- -*- *,- r -* e#-. *n
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UENA V!S TA LA G OOM c/
QL;*ITCUM t3FED
3Z8 EASEMENT
P~PEL/NE L/c:ENsE B
PROJECT NAME
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June 29, 1995
Gregory 3. Smith
San Diego County Recorder
Post Office Box 1750
San Diego, CA 92112-4147
Enclosed for recordation is the following described document:
Certified copy of Resolution No. 95-179 declaring
an area quitclaimed by the AT&SF Railway Company to the City of Carlsbad to be a public alley for all right-of-way purposes
Our staff has determined that the recordation of this document
of benefit to the City; therefore, it is requested that the fees
waived.
Thank YOU for your assistance in this matter.
L gfi ARFN ( KUND Z, CMC
Ass1 tant C Clerk
KRK: ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28(