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HomeMy WebLinkAbout1997-06-24; City Council; 14233; COMPLETION OF THE BATIQUITOS LAGOON ENHANCEMENT PROJECTI m CITY OF CARLSBAD -AGENDA BILL @ , , ,u<;: Vd I AB# JY,a’; 3 TITLE: COMPLETION OF THE BATIQUITOS LAGOON MTG. 6/24/97 ENHANCEMENT PROJECT DEPT. HD. c 7 CITY ATTY. I;, I DEPT. CD I I CITY MGR - I I I RECOMMENDED ACTION: It is recommended the City Council ADOPT Resolution No. 97-508 regardi completion of the Batiquitos Lagoon Enhancement Project which will: 1. Declare the project has been completed in accordance with the terms, con( and requirements of Section 6(k) the 1987 Memorandum of Agreement Enhancement of Batiquitos Lagoon; 2. Accept the improvements constructed by T.L. James and Company, lncorpor complete and direct the City Clerk to record the Notice of Completion; 3. Authorize the Finance Director to release the contractor’s construction re following recordation of the Notice of Completion in accordance with the s( and requirements as set forth in the contract documents; 4. Transfer various lagoon properties acquired by the City of Carlsbad neces: the project to the California State Lands Commission as required by Section . 1987 “Memorandum of Agreement;” 5. Transfer the completed project improvements to the California Department and Game for ongoing maintenance responsibility and operation of the la! an ecological reserve in accordance with intentions of Section 10 of th ”Memorandum of Agreement.” ITEM EXPLANATION: l 88 0 i% €x 9 2 z 0 F 0 es a Following several years of complicated negotiations, the City of Carlsbad entered November, 1987 agreement with the United States Fish and Wildlife Service, the b Marine Fisheries Service, the California Department of Fish and Game, the Californ Lands Commission, and the City of Los Angeles, acting by and through its Board of Commissioners. This historic agreement, known as the Memorandum of Agreement Enhancement of Batiquitos Lagoon (hereafter referred to as the “MOA”), sets forth the rc responsibilities of the various agencies for the restoration of Batiquitos Lagoon. Altho agreement designated the City of Carlsbad as the “lead agency” for all ph implementation of the project, the agreement created the framework for a working par among the participants which has been in effect for the past 10 years. Staff wishes to r the City Council that the restoration of Batiquitos Lagoon has been completed and regu influence has returned to Batiquitos Lagoon. 1 5 z The City Council is requested at this time to take several actions with respect to finali. 0 0 City’s responsibilities and concluding its partnership in this multi-agency project. 3 i PAGE 2 OF AGENDA BILL NO. i Y! 33 3 e e Declaration of Project Completion The lagoon was opened to the ocean and continuous tidal action on December 7, 1996 first time in an estimated 60 years. The 1987 MOA requires the completion of t monitoring study” which has been recently completed by the project’s design engineerir from Moffatt and Nichol Engineers indicating the lagoon’s tidal exchange is performing designed and in conformance with the numerous Federal, State, and local agency pern project approvals. The tidal monitoring study is the vehicle by which the lagoon’s tidl is measured and, ultimately, the number of habitat acreage credits are determined. Ur terms of the 1987 MOA, the Port of Los Angeles will receive the estimated 380 acres of credit generated by the restoration of Batiquitos Lagoon in exchange for the Port’s c( funding of the estimated $55 million project. Section 6(k) of the 1987 MOA requires Carlsbad, in addition to the other agency part make a “Final Determination” that the project has been completed in accordanc numerous permits and approvals. With the recent completion of the required tidal mo study and the study’s affirmative conclusions, staff recommends the adoption accompanying City Council resolution which includes the required findings of Ca “Final Determination” of project completion. Acceptance of Construction Improvements The City’s prime contractor for this project, T.L. James, and Company, Incorl successfully completed all major items of work and opened the lagoon to the ocean a action on December 7, 1996 approximately 4 months ahead of schedule. The signific completing this high risk, large scale, complex project ahead of schedule is even greatt considering that the numerous changes to the project negotiated over the last 3 yea done so without any modifications or extensions to the original construction schedul wishes to acknowledge the outstanding work of the T.L. James and Company team as the equally outstanding contributions of the City’s construction managers from Cei Engineering, Incorporated and the City’s environmental monitoring managers from Tetr Incorporated. Additionally, staff wishes to acknowledge the outstanding work of the Division of the San Diego Gas and Electric Company which provided the majorit) equipment and manpower for the dredging component of the project. Staff recommends the City Council accept the improvements as complete and autho City Clerk to record the Notice of Completion. Release of Contractor’s Retention The City is holding $1,816,861.50 of contractor’s retention (equivalent value by letter c in accordance with the provisions of the City’s standard public works contract recommends the Finance Director be authorized to release the contractor‘s retention fc the recordation of the Notice of Completion in accordance with the schedule and requi contained in the contract documents. 1. PAGE 3 OF AGENDA BILL NO. 19: ‘13 3 0 0 Staff wishes to note that the approximately $31 million of construction completed James and Company has been accomplished with no prime contractor, subcontrac materials suppliers claims or litigation. The notable absence of construction ciai; contractor, T.L. James and Company and the City’s construction managers from Cer Engineering, incorporated. Transfer of Carlsbad Acquired Lagoon Properties to the California State Lands Commissic Section 3 of the 1987 MOA required Carlsbad to acquire various properties both nece! undertake the restoration efforts as well as provide the California Department of Fish ant access to the lagoon for future maintenance and operations activities. All property acq expenses were funded by the Port of Los Angeles. Since the California State Commission already held title to the vast majority of land within the affected lagoon ( the restoration, the property acquisition component of the project was relatively Si Between 1987 and 1994, Carlsbad obtained the following properties necessary to un the lagoon restoration project: Assessor‘s Parcel N um ber Size Former ProDertv Owner testimony to the very positive and professional working relationship between the 21 6-1 21 -20 3.035 acres Newport National Corporation 216-121-18 1 1.837 acres Mittuschi Family Trust 216-121-21 (Parcel 1) 2.606 acres Murphy Trust (Parcel 2) 13,180 sq. ft. Murphy Trust 2 1 6-1 40-40 3.728 acres Sammis - Lamb Partnership Relinquishment Map 2.935 acres City of Carlsbad Additionally, the City of Carlsbad is the owner of an area comprising the historic rr Batiquitos Lagoon to the ocean. This property was formerly owned by the County Carlsbad many years ago. It is necessary for the City to transfer title, via a relinquishr the California State Lands Commission a 2.935 acre portion of this property, referencec comprising the entry channel to the lagoon which is the physical connection to the ace, State requires title to this property, as articulated within Section 3 of the 1987 MOA, tc the California Department of Fish and Game to operate and maintain the lagoot ecological reserve, including the entry channel to the ocean. The property to be tra from Carlsbad to the State, viewed vertically, also contains within it the 2 recently co City owned Carlsbad Boulevard bridges over Batiquitos Lagoon as well as various L Staff has written into the transfer documents a reservation clause in which Carlsbad res rights and abilities to future maintenance, replacement, expansion, etc., of these st should they become necessary in the future. Diego and acquired by Carlsbad as a part of the La Costa area annexation to the 0 PAGE 4 OF AGENDA BILL NO. / 4, 2 3 3 0 Attached exhibits 3 through 7 depict the properties to be transferred to the Californi Lands Commission. Staff recommends approval of the transfer of these properties. Transfer of Completed Improvements to the California Department of Fish and Game Section 10 of the 1987 MOA states, ”Upon Construction Certification, CDFG agrees to responsibility for monitoring and maintenance of the Project consistent with thf Determination for the primary purpose of preservation in perpetuity of fish, wiidli- wetland habitat values ........” The member agencies’ letters of “FinaP Determination” di! above on Page 2 serve as the notice to all parties that the project has been completed ( California Department of Fish and Game’s maintenance and operations respons articulated in Section 10 of the agreement become effective. Staff recommends that in addition to the accompanying resolution’s findings of Determination” of project completion, language be added expressly articulating the tra the completed project improvements from Carlsbad to the California Department of F Game. Staff recommends this language addition to the resolution to eliminate any q whatsoever as to which agency is responsible for perpetual maintenance and operc Batiquitos Lagoon from this point forward. Copies of the City Council’s resolution forwarded to all participating MOA agencies. Conclusion of the Enhancement Proiect and Next Steps Approval of the accompanying City Council resolution effectively fulfills all of Ca responsibilities under the 1987 MOA and draws to a close the Batiquitos Lagoon Enhan Project. Ceremonies dedicating the restored lagoon are scheduled for July 1, 1997. There will be several associated administrative tasks, resolution of minor final projec filing of documents, assemblage and storage of the extensive project records, final proj accounting, attendance at final agency meetings, etc., required of City staff over tl several months. These activities are estimated to require a minimum of City staff complete. The 10 year post-project monitoring study required by the California Coastal Comrr issuance of the original project permit, is being administered by the City’s P Department and utilizes private consultants. These activities, and the corresr reimbursement of all Carlsbad costs from the Port of Los Angeles, are contained v separate agreement previously approved by the City Council. Staff recommends adoption of the attached resolution regarding the completion Batiquitos Lagoon Enhancement Project. I. e PAGE 5 OF AGENDA BILL NO. I ‘I! 2 3 3 0 FISCAL IMPACT: All project costs associated with the restoration of Batiquitos Lagoon, includil reimbursement of all Carlsbad expenses, are the responsibility of the Port of Los Angele! the terms of the 1987 MOA and several subsequent individual reimbursement agre between Carlsbad and the Port of Los Angeles. The following is a summary of the const phase project costs: Type of Work Contractor or Consultant Total Cost Lagoon Construction T.L. James and Company $ 30,749,74 including East Carlsbad Boulevard bridge replacement West Carlsbad Boulevard bridge replacement (separate contract) Ladd Construction $ 11,428,52 Construction Management Centennial Engineering $ 4,728,QO Environmental Monitoring Tetra Tech, Incorporated $ 2,159,50 Legal Costs for Litigation Defense D. Dwight Worden $ 108,83 Utility Relocation Costs Southern California Gas $ 877,94 Miscellaneous Project Costs City of Carlsbad including Project Management $ 1,750,OO Total Construction Phase Costs $ 41,794,55 The above costs are for the construction phase of the project only and do not reflec substantial costs paid by the Port of Los Angeles during the preliminary engir environmental, final design, and property acquisition phases. Additionally, the Port Angeles will be depositing $8.5 million with the California Department of Fish and C the time the SLC - CDFG lease is consummated. These funds are to be used for the lo maintenance of Batiquitos Lagoon by CDFG as a State ecological reserve. 0 PAGE 6 OF AGENDA BILL NO. j q! t3 3 0 EXHIBITS: 1. Resolution No. 93-5d8 regarding the completion of the Batiquitos Lagoon Enhancement Project. 2. Notice of Completion. 3. Grant Deed for Assessor’s Parcel Number 216-121-20 (Newport National Corpor; 4. Grant Deed for Assessor’s Parcel Number 21 6-1 21-18 (Mittuschi Family Trust). 5. Grant Deed for Assessor’s Parcel Number 21 6-121-21 Parcels 1 and 2 (Murphy T 6. Grant Deed for Assessor’s Parcel Number 21 6-140-40 (Sammis - Lamb Partnershi 7. Grant Deed for relinquishment map of 2.935 acres (City of Carlsbad). h II 0 0 *. L ll 1 /I RESOLUTION NO. 97-508 2 3 4 5 COMPLETION OF THE BATIQUITOS LAGOON ENHANCEMENT PROJECT AND ACCOMPANYING ACTIONS. WHEREAS, the City Council of the City of Carlsbad, California, previously I 6 Enhancement Project, hereafter referred to as the “Project;” and 7 into a multi-agency agreement on November 13, 1987 regarding the Batiquitos WHEREAS, said agreement set forth the roles and responsibilities of the re! 8 9 parties to said agreement including Carlsbad assuming the “lead agency” role for several 10 of the Project including the construction phase; and 11 WHEREAS, said construction has been completed in accordance with the approv 12 WHEREAS, it is necessary for Carlsbad to transfer certain properties acquire( 13 and specifications and the numerous public agency permits and approvals; and 1987 agreement of Carlsbad’s completion of the construction phase of the Project. 19 WHEREAS, it is necessary for Carlsbad to notify the other parties to the aforerr 18 California State Lands Commission affecting the Project; and 17 WHEREAS, it is necessary for Carlsbad to execute a temporary lease agreement 16 aforementioned 1987 agreement: and 15 City for the Project to the California State Lands Commission as required ur 14 20 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of‘ 21 California, as follows: 22 23 1. That the above recitations are true and correct. 2. That the City Council does hereby declare and make the final determin, 24 the terms, conditions, and requirements of Section 6 (k) of the 1987 Memorandum of 1 25 the construction of the Batiquitos Lagoon Enhancement Project is complete in accord conditions, entitlements, and requirements thereof. 27 for the Enhancement of Batiquitos Lagoon and all subsequent project permits, , 26 28 ll b I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 q 3. That the City Council does hereby authorize the City Clerk to record the 1 Completion for said project. 4. That the City Council does hereby direct the Finance Director to re1 contractor’s retention in accordance with the terms, conditions, requirements, and schedl forth in the Project’s contract documents. 5. That the City Council does hereby accept certain legal descriptions and p prepared for several parcels of property in and around Batiquitos Lagoon acquired by necessary for the Project. Further, the City Council does hereby approve their transf California State Lands Commission in accordance with the terms and requiremeni aforementioned 1987 agreement and authorizes the Mayor to execute said documents c with this approval. The City Clerk is directed to send the executed documents and a co] resolution to the California State Lands Commission, attention: Mr. Alan Scott, 1( Street, Suite 100 South, Sacramento, California 95825-8202 and copies of thes documents and resolution to the Port of Los Angeles, attention: Mr. Bruce Seaton, A Pales Verdes Street? P. 0. Box 151, San Pedro, California 90733-0151 and the Cc Development Department. 6. That the City Council does hereby declare the responsibilities of th Carlsbad as set forth in the aforementioned 1987 Memorandum of Agreement are Under Section 10 of said agreement, the responsibility for long term maintenance and of Batiquitos Lagoon as a State ecological reserve hereafter lies with the California D of Fish and Game and the City Clerk is directed to fonvard a copy of this resolut California Department of Fish and Game, attention: Ms. Patricia Wolf, Acting Manager, 330 Golden Shore, Suite 50, Long Beach, California 90802. 111 /I/ If1 Ill -2- 1 4 I> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ 0 e PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Counci City of Carlsbad, California, held on the 24th day of June , 1997, following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk\ (SEAL) 1 1 1 1 -3 - 1. 0 Recording requested by: I 0 CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Space above this line for Recorder's us NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter descri 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on 1 a@/d i74, 6. The name of the contractor, if any, for such work of improvement is T.L. James & Company, Inc. 7. The property on which said work of improvement was completed is in the City of Carlsbad, Cou San Diego, State of California, and is described as the Batiquitos Lagoon Enhancement Project. 8. The address of said property is within the limits of the City of Carlsbad. Contract CITY OF CARLSBAD * CEN?TENNIAL ENGINEERING, If r ]/ I, ( /&LL p! ~,~~ I/ , ! 1' '1 p : // b &i! ,k(-, /R. , ,- \ N CHOLAS D. GENNARO construction Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 9: the City Council of said City on June 24 , 1997, accepted the above described wo completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 1 , 1997, at Carlsbad, California. CITY OF CARLSBAD ' n ALw~A~~NIR- City Clerk ; RE~oRD~NG REQUESTED BY: .i 0 AND WHEN RECORDED, MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carisbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT I Documentary transfer tax is $0.00 ( j computed on full volue of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unicorporated area: (X) City of Carisbad, and Space above this line for Recorder': Assessor's Parcel No. 21 6-1 21 Project No & Name BATlQUlTOS LAGOON ENHANCEMENT Pf - GRANT DEED ~~~ ~~ FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Carlsbad hereby GRANTS to the State of California, acting by and through the State Lands Commission, the following described real property in the City of Carlsbad, County of Son Diego, State of California: AS PER EXHIBIT "A" AlTACHED HERETO AND MADE A PART HEREOF DATED June 25, 1997 STATE OF CALIFORNIA ) COUNTY OF SAN 1 ." Karen R. Kundt official seal. Signature " ant City Clerk Name CLAUDE A. LEWIS (Type or Print) - " Title 25ay o r "~____ ~~ (Type or Print) I q I/ By- kLe;t.X6It. J\& (Signature) __~.___" NOlTE ALETHA L. RAUTENKRANZ (-rype or Print) ~"~".~~ City Clerk TI~IP ~ __.__ ~ _.__ ~~~.~ ~~ ~ .~ i[y;,c. or i2rint) 1. , a 0 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On June 25, 1997 before me, Karen R. Kundtz, Assistant City Clerk of the City of Carlsbad, personally appeared Claude A. Lewis, Mayor and Aletha L. Rautenkranz, City Clerk I personally known to me ~"em-t+e--ba~i~ nf .sa~~~~--e~) to be the person(s) whose name(s) &/are subscribed to the within instrument and acknowledged to me that kefske/they executed the same in k*her/their authorized capacity(ies) , and that by *F/their signature(s) on the instrument, the person(s) , or the entity upon behalf of which the person (s) acted, executed the instrument. Witness my hand and official seal. **z$p22y EN R /' RKi z , istant City Clerk city oiQarh2ado (SEAL) I. t :f""" COMMENCEMEIv- EXHIBIT 'B' NW. CCR LC7 2 I ( r? + '3 W z J c m 9 ""_ DRAINAGE & ACCESS 81 -18971 8 O.R. WATER & SEWEii L;T',ITIES ESMT CITY OF C4'iLS3AD W ?E-C?162i OR. S.D.G. & E. IJTIL Tv EASEMEivT F/N 149737 O.R. I /-\" -rl 0 L>'J J 0 Z .. cguY7Y R3AC EASEMEKT BK. 3518 PG. 221 O.R. ... ... ... ...... ... SEE DETAIL 'A' TELE3iOb.C ~EARINGS SkO'Nh dEREOIU ARE / LA,VBERT SYSTEM ZONE E &AD SASE2 ON TkE CALIFORNIA PEARiNG CF h 14'31'37" W BETWEEN: DENOTES LAN2 A~CJL~S!TION 33',U;A?" -1 U.S.G.S. STA. "WHITE" L.S.G.S. STA "EOCK" K ',974,349.900 E 5,243.508.6 N 1,985,585.254 E 6,240,675.7 ,:> c- 21 6-1 21 -20 LJ"C >-I /e'+'-= LL'c; Av=\lCa ,,c ;.a ;:,, .<,-.;. C1''TC "L, --- , _i - i i_ - :\s :E, 2.1.. 92,356 ,> ,. r 0 0 EXHIBIT 'B' I DETAIL 'A' SCALE 1 "= 1 EI~' NCTE: DIME~S~OLS St-3'tlh iESES\ ARE BASE3 ON ?ECORD DP'A BEARINGS SHOWN YEREOV ARE SASED \3N THE CAi:F3RKiA LAMEERT SYSTEM ZONE 6 NAD BEASIYG Or N 14'C1'37" W 3ETWEEti: L.S.G.S. STA. "WHITE" U.S.G.S. STA. "ROCK" N 1,974,349.900 E 6,243,508.6 i\. 1,985,685,284 E 6,260.676.7 216-121-20 CITY OF CA A PUBLIC / /+" 67 A,)b/Ex13A DE L,& L;-,A-A, 5,;l-T ? '(4, ?TyA',s :E, CI ~2~~~~ . 1. I 0 e EXHIBIT "A" LEGAL DESCRIPTION APN: 216-121-20 VESTING: CITY OF CARLSBAD, A PUBLIC AGENCY THAT PORTION OF LOT 3 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO M.Ap OFFICIAL PLAT THEREOF, GRANTED TO THE CITY OF CARLSBAD BY DOCUMENT NO. 94-638238 OF OFFICIAL RECORDS OF SAID COLINTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3 THENCE ALONG THE WEST LINE OF SAID LOT 3 SOUTH 00'32'02" WEST 612.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE NORTH 66'44'34" EAST 95.93 FEET; THENCE NORTH 39'44'13" EAST 79.97 FEET; THENCE NORTH 58°00'0011 EAST 36.83 FEET; THENCE NORTH 13'50'29" EAST 54.57 FEET; THENCE NORTH 06'39'17" EAST 65.92 FEET; THENCE NORTH 75'10'48" EAST 40.70 FEET; THENCE NORTH 65'43'0C" EAST 45.27 FEET; THENCE NORTH 84'12'16'' EAST 59.22 FEET; THENCE SOUTH 19'42'48" WEST 155.64 FEET; THENCE SOUTH 10'14'24" WEST 84 .SO FEET; THENCE SOUTH 00°15'52" WEST 59.37 FEET; THENCE SOUTH 02'07'15 EAST 56,76 FEET; THENCE SOUTH 08°22'34'1 WEST 64.28 FEET; THENCE SOUTH Ol"O3'55" EAST 69.11 FEET; THENCE SOUTH 13'50'50" WEST 160 .12 FEET; THENCE SOUTH 12'56'59" WEST 36.55 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE ALONG SAID SOUTH LINE NORTH 82'17'54 WEST 215.82 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3; THENCE ALONG SAID WEST LINE OF SAID LOT 3 NORTH 00'32 ' 02 It EAST 368.28 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 3.035 ACRES MORE OR LESS. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION 1s A PLAT LABELED EXHIBIT "B" . BEARINGS STATED HERON ARE IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, N.A.D. 83. BASED ON THE U.S.G.S. STATIONS "WHITE" AND "ROCK" AS REFERENCED ON EXHIBIT "B". THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER W? DIRECTION. p _/. ,,- ;,/.:n; y ,, ;,&& 5/8/97 CECIL E. 'RYALS." P.L.S. 3997 RECORDING REQUESTED BY: .I e AND WHEN RECORDED, MAIL TO; City Clerk City of Carisbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT I Documentary transfer tax is $0.00 ( ) computed on full value of property conveyed, or ( ) computed on fuli value less vaide of liens anc encumbrances remaining at time 0' sale ( ) Unicorporated area: (X) City of Carlsbad, and Space above this line for Recorder' Assessor's Parcel No. 216-121 Project No. 8c Name BATlQUlTOS LAGOON ENHANCEMENT PI ~"" GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Carlsbad hereby GRANTS to the State of California, acting by and through the State Lands Commission, the following described real property in the City of Carlsbad, County of Son Diego, State of California: AS PER EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF DATED". June 25, 1997 STATE OF CALIFORNIA ) COUNTY OF SAN On 6/25/97 b ~."_ Karen R. Kundt ant City Clerg 1 - " " /' (here in sert name and title of the officer) personally appear d Claude A- Lewis Mayor and Aletha L. Rautenkranz, Cit Clerk "_~~ "_ "~ / executed the same Signaturei"~" y+h&8- ~. EN R As .' -tant ~ ~- City Clerk City of ar.lsbad I N~~~-CLAUDE A. LEWIS (Type or Print) Mayor Tit I e ~-._ (Type or Print) c"lb& 2 ~ ;& BY ~ (Signaturej ALETHA L. KAUTENKRANZ Name ~ _____ ~- (Type or Print) City Clerk ([ype or IJrir-,tj Title ~~-.~____~-.~.~ ~~ _~~-.~ j, 0 0 STATE OF CALIFORNIA ) ) 88. COUNTY OF SAN DIEGO ) On June 25, 1997 before me, Karen R. Kundtz, Assistant City Clerk of the City of Carlsbad, personally appeared Claude A. Lewis, Mayor and Aletha L. Rautenkranz, City Clerk I personally known to me -~“em+-k~is nf ea+%~ty“e~) to be the person(s) whose name(s) %/are subscribed to the within instrument and acknowledged to me that -/they executed the same in h“+k?r/their authorized capacity(ies) , and that by **/their signature(s) on the instrument, the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. &-&k>2* /.j ;“j/- i .EN R,. JQ.j>SU Z, lstant City Clerk- City ofva:Yz ad (SEAL) ,. a e EXHIBIT "A" LEGAL DESCRIPTION APN: 216-121-18 VESTING: CITY OF CARLSBAD, A PUBLIC AGENCY THAT PORTION OF LOT 2 OF SECTION 35 IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF APPROVED MAY 3, 1883,GRANTED TO THE CITY COUNTY ON AUGUST 23, 1994, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2 THENCE ALONG THE WEST LINE OF SAID LOT 2 SOUTH 00'30 I 25" WEST 650.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE SOUTH 34'50'29" EAST 2 5.05 FEET; THENCE SOUTH 88'23 ' 16" EST 186.46 FEET; THENCE SOUTH 24'35'19" WEST 32.20 FEET; THENCE NORTH 89'25'19" EAST 74.19 FEET ; THENCE NORTH 7 6'15 ' 57 I' EAST 107.18 FEET; THENCE NORTH 21°11'18" EAST 124.19 FEET; THENCE NORTH 61'34'2:L" EAST 108.27 FEET; THENCE NORTH 3 7'32 ' 46 IT EAST 83 .49 FEET; THENCE NORTH 87'27 ' 08" EAST 172.57 FEET; THENCE SOUTH 89'37' 38" EAST 98.65 FEET; THENCE SOUTH 73'55'27" EAST 197.30 FEET; THENCE SOUTH 12'08'29" WEST 71.27 FEET; THENCE SOUTH 14'31'43" WEST 69.45 FEET; THENCE SOUTH 69'58'09" EAST 43.35 FEET; THENCE SOUTH 52'07'02" EAST 151.89 FEET; THENCE SOUTH THENCE NORTH 43'59' 52" EAST 58.68 FEET; THENCE NORTH 72'31' 59" EAST 20.64 FEET TO THE EAST LINE OF SAID LOT 2; THENCE ALONG SAID EAST LINE SOUTH 00'32 ' 02 I1 WEST 206.09 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE ALONG THE SOUTH LINE OF SAID LOT 2 NORTH 82'17'54" WEST 796.74 FEET; THENCE SOUTH 60'41'40" WEST 607.91 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ALONG THE WEST LINE OF SAID LOT 2 NORTH 00'30'25" EAST 549.39 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. OF CARLSBAD BY DOCUMENT NO. 94-507583 OF OFFICIAL RECORDS OF SAID 23'332'13" EAST 124.62 FEET; THENCE NORTII 88"46'19" EAST 61.11 FEET: HAVING AN AREA OF 11.837 ACRES MORE OR LESS. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B" . BEARINGS STATED HERON ARE IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, N.A.D. 83. BASED ON THE U.S.G.S. STATIONS "WHITE" AND "ROCK" AS REFERENCED ON EXHIBIT "B", THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MI DIRECTION. i - " -__. 4 / ,/> . /,.. /' ", ,,/< L- ,' LA &,.,LC. <2[&/9 7 - CECIL @. RYALS P.L.S. 3997 LINE S 88'23'1 6" E ~ 186.46' L2 S 34'50'29" E 1 25.05' - L1 DIRECTION 1 DISTANCE - L3 S 24'35'19" W 1 32.20' L5 N 76'1 5'57" E j 107.18' 16 N 21'11'18" E ~ 124.19' L7 N 61'34'21" E ' 108.27' L4 ' N 89'25'1 9" E i 74.19' ~ L8 1 N 37'32'46" E , 83.49' L9 I N 87'27'08" E ' 172.57' PE 1 197.3q s 89-37'3a" E ~ 98.65' -+"." S 12'08'29" W 71 27' L13 S 14'31'43" W 69.45' L14 S 69'58'09" E ' 43.35' ~ L15 , S 52'07'02" E 1 151.89' L16 ~ S 23'32'1 3" E i 124.62' 117 I N 88'46'19" E I 61.11' I ~ ~~~~ ~~ 81 -1 8971 5 0.R 6/17/87 3Eb?'\sS sYe'$/I\I +ERCgI\. OF5 2EZCTES p.,,a~liS'ii~~ 3cu1\13{ ?ASCI 2\ -,-E T,A,!F~~~~~A " \,z:< SvS-chJ 7ny: F \*k- 2: =r-'?:C;\: " it" 1 I .E37 b,C'IES I, /"" L., . " ~ ,~ i +A; \, 2: \ ALy.77'' I, +. , I 1 ,/ * 7, c 'A\@ a!.,&: J h3-CA;?~S9P3 i "LACCST~ AVE BL. -? '''%I:'\'\\ vr> BATiC?IiTCS ~~ iih: __ Ck'lih3 VAL &-g4?EW4_ R2. @"SATI@;~TCS 33 k 1 \IS ALZA RD ?$ \\ VICINITY MAP I CITY OF CARLSBAD CITY OF CARL! ,F,lG') 771-" Z,GF zb-, =\C?,/' I,:,-:, - _. r -,- _' RECORDING REQUESTED BY: 9 0 'AND WHEN RECORDED, MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT I Documentary transfer tax is $0.00 ( ) computed on full value of property conveyed, 07 ( ) computed on full value less value of liens anc encumbrances remaining at time of sale ( ) Unicorporated area: (X) City of Carlsbad. 0's Space obove this line for Recorder': Assessor's Parcel No. Project No & Name __ 21 6-1 21. BATlQUlTOS LAGOON ENHANCEMENT PI .___ """"" ~~~___. __~ ~~~ - ~ ~ "~. ~- ___..~ _~_~ . ~ ~~ _~~_ -~ GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Carlsbad hereby GRANTS to the State of California, acting by and through the State Lands Commission, the following described real property in the City of Carlsbad, County of San Diego, State of California: AS PER EXHIBIT "A" AlTACHED HERETO AND MADE A PART HEREOF DATED .-L!E 25 y 19 9 7 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO On 6i25i97-pbefo Karen R. Kund -:here in personally appeared and Aletha L./ / / ~;~"~~"~~~~~~~~~~~-~~. / -_ stant City Clerk City o arlsbad kame _~_.__ (Type or Print) CLAUDE A. LEWIS Mayor Title -~ "... ~~~..- (Type sr Print) BY A!lLidLk.:.3?& (Signoturej ALETHA L. RAUTENKRANZ Name ____...__~_~_.~.~__~_ (Type or Print:! 1-,tle ~ City Clerk ~~~ ~ ~~ ~~"~ ..~~ ~ ~~ .. .~~ ". (T~~IC ~JI Ijrirlt) e. 0 0 STATE OF CALIFORNIA ) ) as. COUNTY OF SAN DIEGO ) On June 25, 1997 before me, Karen R. Kundtz, Assistant City Clerk of the City of Carlsbad, personally appeared Claude A. Lewis, Mayor and Aletha L. Rautenkranz, City Clerk I personally known to me {-----;L"---"qis d ea&-&.%etzery-e-) to be the person(s) whose name (s) %/are subscribed to the within instrument and acknowledged to me that kej&e/they executed the same in -/their authorized capacity(ies) , and that by -/their signature (s) on the instrument, the person(s), or the entity upon klehalf of which the person (s) acted, executed the instrument. Witness my hand and official seal. *z q% G3p&%FEF ml z, istant City Clerk ~~-._~ _" City ~C4Ca-h ad (SEAL) 2. 0 0 EXHIBIT "A" LEGAL DESCRIPTION APN: 216-121-21 VESTING: CITY OF CARLSBAD, A PUBLIC AGENCY THOSE PORTIONS OF THE NORTH 20 ACRES OF LOT 1 OF SECTION 35 IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF, GRANTED TO THE CITY OF CARLSBAD BY DOCUMENT NO. 95-296398 OF OFFICIAL RECORDS OF SAID comw; DESCRIBED AS PARCEL NO. 1 AND PARCEL NO. 2 AS FOLLOWS : PARCEL 1: COMMENCING AT THE NORTHWEST COFtNER OF SAID SECTION 35 THENCE ALONG THE WEST LINE OF SAID SECTION 35 SOUTH 00'31'55" WEST 430.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE SOUTH OC"31'55" WEST 230.79 FEET TO THE SOUTHWEST CORNER OF THE NORTH 20 ACRZS OF SAID LOT 1; THENCE ALONG THE SOUTH LINE OF SAID NORTH 2 0 ACRES SOUTH 88'4 8 ' 10 It EAST 698.79 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 56'46'41" WEST 53.09 FEET; THENCE NORTH 12'17'31" WESY 128.38 FEET; THENCE NORTH 77'32'28" WEST 57.25 FEET; THENCE SOUTH 44'46'47" WEST 48.60 FEET; THENCE SOUTH 88°06'13" WEST 68.23 FEET; THENCE SOUTH 78°21'03" WEST 76.24 FEET; THENCE SOUTH 49'16'51" WEST 63.00 FEET; THENCE NORTH 88'34'29" EAST 77.67 FEET; THENCE NORTH 08'01'02" WEST 67.82 FEET; THENCE NORTH 23'58'25" EAST 143.16 FEET; THENCE NORTH 83'45'45" WEST 72.18 FEET; THENCE SOUTH 77'12'10" WEST 124.55 FEET; THENCE NORTH 83'25'06" WEST 84.61 FEET; THENCE SOUTH 64'25'52" WEST 41.93 FEET TO THE WEST LINE OF SAID LOT 1 AND TRUE POINT OF BEGINNING. HAVING AN AREA OF 2.606 ACRES MORE OR LESS. PARCEL 2: COMMENCING AT THE NORTHEAST COREER CF SAID LOT 1; THENCE ALONG THE EAST LINE OF SAID LOT 1 SOUTH 0°30/2511 WEST 650.09 FEET ro THE TRUE POIN'" OF BEGINNING; THENCE LEAVING SAID EAST LINE NORTH 34°50'29" WEST 64.92 FEET; THENCE SOUTH 76'42'38" WEST 38.65 FEET; THENCE NORTH 20°13'53" WEST 84.84 FEET; THENCE SOUTH 85'10'46" WEST 13.15 FEET; SOUTH 04'26'07 WEST 77.59 FEET; THENCE SOUTH 73°14'05fl WEST 175.47 FEET TO THE SOUTH LINE OF THE SAID NORTH 20 ACRES OF LOT 1; THENCE ALONG SAID SOUTH LINE SOUTH 88'48'10" EAST 291 .I1 FEET TO THE EAST LINE OF SAID LOT 1; THENCE ALONG SAID EAST LINE NORTH 0'30' 25" EAST 11.16 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 13,180 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION 1s A PLAq LABELED EXHI13IT I'B". BEARINGS STATED HERON ARE IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, N.A.D. 83. BASED ON THE U.S.G.S. STATIONS flWHITE' AND "ROCK" AS REFERENCED ON EXHIBIT I1B1l. THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR U'NDER m DIRECTION. { .- 7; ," ,_ f4;f:,(,/c ',, / L $~/</ , , 7 I- CECIJi E. RYALS P.L.S. 3997 ,a x. I EXHIBIT 'B' SCALE I -=203' i I 3' $15 .. ,,. 7 POINT OF C3MMEUCEMEN- POINT OF COMMENCEMENT PARCEL 2 \ 27 ,io r r' \ h 88'48''O" w y 31 7.44' 3L; \.;5 I\ /I \\ \ ', P OF;, I, OT -1 1, \\ \ /I ly PACTEL ESMT. 11 7-12 s (1 FjLj \/y / II i =- - - ""= L" /' \ ', 9 WATER/S'EWER ESMT ' , ~i - ri ~i~ CITY OF 3CEAYSIgE '1 \, DCb, Gd k+ 76-1 32306 0 R. ', I 78-4: 21 84 O.R. 5/028/76 s, ''1 2-1 E;--~z-J-~z ~8 9/27/78 // // - -7,- = ""-" 4 """" '"---- + """- '\ i 0 0 .t 7" .. , .. = :1 .d. (u. r) j:: 'PCL:' 1 .. .. f -:%.-1:6--:j%-] , , , ,, ... .L? -1. . . , . ,. .d > .. /-q NE. CORNER LOTI \ v ZOA~/SEWER/DRAINAGE I:;? 3F OCEANSIDE 4/22/76 76-1 23311 O.R. n I 1 .. . \ ,I I '1 SEE SHT: ' 2 . ': .\ p::. ... . .: .\\," 098.. 79.'. , ' . . . . . . . . 1 . . .. I\ N 88'48'10" vf \\ \I\\ - 131 7.73' r S ,4 i J\/J J ):.:k /. . ..: '.' :.I : , ' 7 '\ \\:\ PCL. 2 SEE SHT. % 'I\ '!, "\, ' 95-296398 O.R. 2-1 6--1%-]-2 J 1 -1 95-296398 O.R. BEARINGS SHOWN HEREON ARE @CARLSEA[;' EL @-LACOSTA PXE ,~ //_ocr- 2% LAMEEET SYSTEM ZONE 6 NA9 83 %EL PAMINO REA- Fri'3PER-V EASED 0% THE CALIFORNIA AREUAL RD q"T BEARING OF N ;4'01'37" W ~ \y\~~~%~:o~~ DR. 3ETWEEN: IQ I U.S.G.S. STA. "WHITE" G? 1 /q h 1,974,3a9.900 E 6,243,508.515 % ~-Ah",& 2.S.G.S. STA. "ROCK" c. \ \*- ''J BATIQUI-CIS \ ', ,985,685.284 E 6,240,676.74r 0 % b l', K2'E. DiMENSlOhiS SHOWN HEREON zr VICINITY MAP ARE BASE3 ON RECORD DATA CITY OF CARLSBAD CSSESSQR'I: =A,"": \c '4ESTC) ;h lineering Services, lnc. A PUBLIC AGE! CITY OF CARLS 21 6-1 21 -21 "4, ,;;E",\s-:. ";~ "~r- e, 5; 72,i"" 7FF _, ,~ L, ~ \< i ,"( 5 b I -_- JJ. - .. - 2- - :La>: .< ._ - . ~~ I-. . . -- -., ;!; CHFFT 1 %QF DATE: 5 /OF, /97 : ,- I EXHIBIT '6' PARCEL NO. 1 POIhT SF COMMENCEMENT T.P.O.B. ', \ \, '. N 0 P 0 ;rj IT fn q r -2 0 - - N 5E'dO'L'" ;v 53.29' - ARE BASED ON RECORD DATA BEAqINGS SHOWN HEREON ARE BASED ON THE CALlFORNlA LAMBERT SYSTEM ZONE 6 NAD SEARiNG OF N 14'01'37" W BE'WEEN: U.S.G.S. STA. "WHITE" LI S G.S. STA "ROCK" DENOTES AQUISITIOW BOUNDARY r-1 2 ',97L,349.9CO E 6,243,508.6' N 1,985,685.284 E 6,240,676.7, + 2.606 AC;IES CITY OF CARLSBAD ImUl:TlON PLAT ,&SSESSZF?'S ?A,?"i \c ,L> ,- -" :2 - i, \-.* ~ I L- . ,/ SHEET 2 DATE: 5/06/97 Right-o'-'Ncy En iceering Services, /PC. 21 6-1 21 -21 CITY OF CAF A PUBLIC A( > 9 r:'s y r,G h'& 7 !',:E& 3/$ i'c -. - .. + -L :I L p+ "z;, c -z -L ?2,-55 , ,I L. _"\""I ;, ,3, /:> :,:.I L, 2.1 -.-b>;t,sr. ), ;3-..- - ~~ c .1. * -9 - I EXHIBIT '5' PARCEL NO. 2 C 00'30'25" T.P.O.B.. / $\,\ / 11.16' Poi\- OF COVMENCEVCNT / WE COR~ER LOT 1 '\ \ Y OO"30'25" E 661.25' ... ... . .. .- - , . . . . .. 3 03 !,c SCALE 1 "=50: DENOTES' AQUISITION BOUNDARY E 13,180 SQ. FT. NOTE: CIMENSI3NS S-IOWN tiE'IEC\ ARE BASED ON RECOFIE 3A-A BEAT \GS SHCWN hERES\ C?C BASE12 CY THE CAL =#3?N 4 L,r\M3E?T SYS-EM ZOkF f \A; 87 BETWEEU 3EARiNtZ OF x ,IL'Sj'37" '$ L.5.G s. S-,A "'Lt/v'h~-C_" N ',ST4,_149 sp; E ~,~L~,~:8 5.5 L.S G,S s-,& ''F+~~.(" h ',,985,665 28i E 6,243,376 7oL CITY OF CARLSBAD LAND AQlUlSlTlON PLAT ,"""-a- -"? c";t>.'i? >, -H<cE_ \: '""" ,t3 L- '* iiight-of-Way Engineering Services, IRC. 21 6-1 21 -21 CITY OF CA A PUBLIC 1 _CPd sL-,/ey?; L ' r 7 ;: $,jE $1 17) 4 Ll F :. :, I. - @. * " >I " ~ - ''L ;;E:\,: 35, y,l ;2,-,55 , r J I :'?- ici ;el^, ~ , ..- . '_ .. .\,:bk,lz 5, ZZ-"7' ~ s- ? <. - SHEET 3 DATE: 5/05/97 ,- I, QECORDING REQUESTED BY: .I 0 'AND WHEN RECORDED, MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT 1 Space above this line for Recorder': Documentury transfer tax is $0.00 Assessor's Parcel No. 21 6-1 40 ( ) computed on full valuc: of property conveyed, or Project No. & Name ~___ ( ) computed on fu!! value less value of liens and BATIQUITOS LAGOON ENHANCEMENT P encumbrances remaining at time of sale "~ .~~- .~ ___..___... ( j Unlcorporoted area: (X) City of Carisbad, and "~ .-~~~ ."~__ ~ "~ GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Carlsbad hereby GRANTS to the State of California, acting by and through the State Lands Commission, the following described real property in the City of Carlsbad, County of San Diego, State of California: AS PER EXHIBIT ",A" ATTACHED HERETO AND MADE A PART HEREOF DATFO June 25, 1997 STATE 0 F CALI FO F? N IA COUNTY OF SAN DlEG A) ) II / On ..__ 6/25/97 bmef e me. ."(here ifsert P name and title of the officer) ~. Karen R. Kundt Assistant City C erk 7 Signature / ,,,.&+?Jd y& - L-' EN R.WI$YJZ', As@Lant City Clerk City of Carlsbad N~~~-" CLAUDE A. LEWIS ~ (Type or Print) Tit!e"Mayor ~"~ (Type or Prin?) BY (Slqnature) ALETHA L. RAUTENKRANi Name ~.-. - _____" (Type or Print) 1lSC . ~~.._~"~____~~ - ~ ~ ~~ City Clerk (iype or Print) .. e STATE OF CALIFORNIA ) ) 88. COUNTY OF SAN DIEGO ) 0 On June 25, 1997 before me, Karen R. Kundtz, Assistant City Clerk of the City of Carlsbad, personally appeared Claude A. Lewfis, Mayor and Aletha L. Rautenkranz, City Clerk I personally known to me <~~~~~i~ d ~@~~=-~~,Gdaee) to be the person(s) whose name (s) */are subscribed to the within instrument and acknowledged to me that kefske/they executed the same in ki-/their authorized capacity(ies) , and that by -/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person (s) act'ed, executed the instrument. Witness my hand and official seal. V-;r$?,/ / \F-K -qE z, G,,, jstar!t City cier:-T City cfVa;-'+s' f-i.5 ad ( s EAL) .. . 0 EXHIBIT IrA" LEGAL DESCRIPTION APN: 216-140-40 VESTING: CITY OF CARLSBAD, A PUBLIC AGENCY THAT PORTION OF LOT 1 AND LOT 4 OF SECTION 33 IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, GRANTED TO THE CITY OF CARLSBAD BY DOCUMENT NO. 94- 304893 OF OFFICIAL RECORDS OF SAID COUNTY ON MAY 09, 1994, DESCRIBED AS FOLLOWS : COMMENCING AT THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY FIVE PER MS 775 AND THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 33, SAID QUARTER SECTION LINE ALSO PER MAP NO. 1:1616 AS RECORDED SEPTEMBER 12, 1986 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID QUARTER SECTION LINE ,SOUTH 0°55'46" WEST 634.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID QUARTER SECTION LINE AND SAID SUBDIVISION BOUNDARY NORTH 41'38'46" EAST 37.66 FEET; THENCE NORTH 32°26'50" EAST 86.70 FEET; THENCE NORTH 21'24'18" EAST 146.24 FEET; BEING A PORTION OF THE SUBDIVISION BOUNDARY OF CARLSBAD TRACT 85-14 TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID HIGHWAY FIVE THENCE ALONG SAID RIGHT-OF-WAY SOUTH 18'04' 10 EAST 80.62 FEET; THENCE SOUTH 31O00'56" EAST 381.40 FEET; THENCE LEAVING SAID WESTERLY RIGHT-OF- WAY ALONG A E'ORTION OF SAID SUBDIVISION BOUNDARY SOUTH 33°09'27" WEST 613.26 FEET TO A POINT ON SAID QUARTER SECTION LINE; THENCE ALONG SAID LT:NE NORTH 30°55'46" WEST 679.55 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 3.728 ACRES MORE OR LESS. ATTACHED HERE'TO AND MADE A PART OF THIS LEGAL DESCRIPTION 1s A PLAT LABELED EXHIBIT rfB'l . BEARINGS STATED HERON ARE IN TERMS OF THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, N.A.D. 83. BASED ON THE U.S.G.S. STATIONS "WHITE" AND "ROCK" AS REFERENCED ON EXHIBIT rrBrl. THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER My DIRECTION. ,L7 ./2-/' ;!L,,&- 3/qy 7 '\\" ."". CECILI/'E. RYALS -. P.L.S. 3Y67' 1 (, . ,- k # EXHIBIT 'B' @g I -CARLSEAD BL ~ 3 EL CAMINO REAL LACOSTA AM ~ POINT OF COMMENCEMENT VICINITY MAP DENOTES AQUISITION BOclNDF 3.728 ACRES SEC. 35 T'IS 14W S.B.M. J- 2-1 5"]4 Q-Lj 0 d .. .. . . .. .. . .. .. .. .. . ... NSTE: D MENSIOLS ShCWN bE!??EOh ARE EASES 3N REC3R9 DATA SEARINGS SYGWU HE?EON ARE I BASED ON -bE CALIFOKYIA LA"./1ER- SV'_;;E'vL ZZhE fi \!L; GT BEA?IJC OF rv ;4"?"j7" \I\/ BETWEEN. " Ll U 5.; '5. STA, "'!/{H TE" '\J 1,974,349.930 E 5,243,505.6'5 LINE . .. DIRECTION [ DISTANCE L1 I N 41'38'46" E , 37.66' L2 j N 32'26'50" E 1 86.70' L3 j N 21'24'1 8" E ! 146.24' 14 1 S 18'04'10" E I 80.62' U.S.G.S. STA. "ROCK" N 1,985,585.254 E 5,240,575.7L4 I CITY OF CARLSBAD LAND AQUISITION PLAT , ^I. ." ->>>:,P?'r : h-"' -~ *<-=- '\Z \:: La '\ ""_ Right-of-Way Engineering Services, !nc. A PUBLIC AC _cn~ >,-TL.C,I r; CITY OF CAR1 21 6-1 40-40 - I &<Ey A',/EN!D,A 2: :->A ?:,",:A, Si 'E 7'4, ,::zEL\s 35, 22 22mztE Ii I ;(-;<->, " i J 3; i22-:365 LCAZ :\A,\):; 5>'.,&,! s-L,:'t;s DATE: 5/05/97 I SHEET 1 ( b ., I I ., '. 'RECORDING REQUESTED BY: .I 0 AND WHEN RECORDED, MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carisbad, California 92006 MAIL TAX STATEMENTS TO: EXEMPT 1 Documentary transfer tax is $0.00 ( ) ccmputed on full value of property conveyed. or ( ) computed on full value less value of hens and encumbrances remaining at time of sale ( ) Unicorporoted area: (X) City of Carlsbad. and Space above this line for Recorder' Assessor's Parcel No. NONE Project No. & Name BATIQUITOS LAGOON ENHANCEMENT PI . """ __~" - .. ." " - -. " "." - GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Carlsbad hereby GRANTS to the State of California, acting by and through the State Lands Commission, the following described real property in the City of Carlsbad, County of Son Diego, State of California: AS PER EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF DATED-_ June 25, 1997 STATE OF CALIFORNIA /k COUNTY OF SAN DIEGO/) (1 // On 6/25/97 J . "" Karen K. Kundtz, Assistant Cit Cler --Pi here in s rt name and title of th officer) personally appeared Claude A. Lewi , Ma or and Aletha Rautenkranz, Cit Clerk ""_ . . SkatureGhW- 'N R. K N / J&$: of Erls ad Assktant City Clerk City Name CLAUDE A. LEWIS (Type or Print) Title Mayor (Type or Prlnt) BY (Signature) R -h N~~~~ ALETHA L. RAUTENKRANZ (Type or Print) 7. ,tie ~__ city Clerk ~ " (1-ype or Print,) it 0 0 STATE OF CAL1:FORNIA ) ) 88. COUNTY OF SAN DIEGO ) On June 25, 1997 before me, Karen R. Kundtz, Assistant City Clerk of the City of Carlsbad, personally appeared Claude A. Lewis, Mayor and Aletha L. Rautenkranz, City Clerk I personally known to me "m-kh@h~ic nf ea~+~~~--ew&~) to be the person(s) whose name(s) %/are subscri-bed to the within instrument and acknowledged to me that kefske/they executed the same in -/their authorized capacity(ies) , and that by -/their signature (s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my ha.nd and official seal. .f L ee. 'k' Ly" ..~ "~8:- -__ """" ~~ -Ex R,. ",l) z, istant City Clerk City ctva~h, ad (SLAL) _.. ,#)I I 0 0 EXHIBIT ruA" LEGAL DESCRIPTION VESTING: CITY OF CARLSBAD, A PUBLIC AGENCY THAT PORTION OF LOT 20 OF SECTION 33 IN TOWNSHIP 12 SOUTH, RANGE WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF CARLSBAD, COUNTY C SAN DIEGO LYING WITHIN THE PUBLIC RIGHT-OF-WAY OF CARLSBII BOULEVARD (HIGHWAY 101) AS SHOWN ON STATE OF CALIFORNIA RIGHT-OE WAY MAP NO. Xl-SD-2-B, LO 9627, DESCRIBED AS FOLLOWS: SAID PORTION IS BOUNDED TO THE SOUTH BY A LINE PERPENDICULAR TO TH CENTERLINE OF SAID RIGHT-OF-WAY MAP AT ENGINEERING STATIO 156+60.OO,BOUNDED TO THE NORTH BY A LINE PERPENDICULAR TO SA1 CENTERLINE AT ENGINEERING STATION 160+25.00,BOUNDED TO THE EAST B THE EASTERLY RIGHT-OF-WAY OF SAID RIGHT-OF-WAY MAP AND BOUNDED T THE WEST BY THE WESTERLY RIGHT-OF-WAY AND THE MEAN HIGH TIDE LIN PER SAID MAP LO 9627. HAVING AN AREA OF 2.935 ACRES MORE OR LESS. RESERVING TO CITY OF CARLSBAD EASEMENT RIGHTS FOR PUBLIC HIGHWA AND PUBLIC UTILITIES. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLA LABELED EXHIBIT IrBlc. THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER M DIRECTION. p */@LAC 5/27/47 e,. R P.L.S. 3H7 ’. I - ,e > July 2, 1997 Gregory J. Smith County Recorder Post Office Box 1750 San Diego, CA 92112-4147 RE: NOTICE OF COMPLETION Enclosed for recordation is the following described document: Notice of Completion T. L. James & Company, Inc. Batiquitos Lagoon Enhancement Project Contract No. 3429 Also enclosed are instructions on how the City is to be billed for the recordation fees incurred. Thank you for your assjstance in this matter. (5baiL R. 0- ALETHA L. RAUTENKRANZ, CMC) City Clerk ALR:ijp Enclosures -~~~.. .~ ~~. . ." ~ ...." ~ 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (760) 434-28C - ~_~_~ -~ """" ~- "" ~~~ ~ ,* * June 25,1997 Mr. Alan Scott California State Lands Commission 100 How Street, Suite 100 South Sacramento, CA 95825-8202 Re: Batiquitos Lagoon Enhancement Project Enclosed please find the following documents: 1. Copy of City of Carlsbad City Council Resolution No. 97-508. 2. Original Grant Deed for APN 2 16-1 2 1-20 Original Grant Deed for APN 2 16- 12 1 - 18 Original Grant Deed for APN 216-121-21 Original Grant Deed for APN 2 16- 140-40 Original Grant Deed for None I If you have any questions, please do not hesitate to contact this office. 2Liiiiiim Assistant City Clerk CMC KRK:ijp Enclosures __ -~ _~"~. - ~ ~ - ~~ ~~~." - ~~__-.-~ 1200 Cartsbad Village Drive - Carlsbad. California 92008-1989 - (760) 434-2808 ~ .~"_______.~.~"~ - SI w June 25, 1997 Ms. Patricia Wolf Acting Regional Manager California Department of Fish and Game 330 Golden Shore, Suite 50 Long Beach, CA 90802 Re: Batiquitos Lagoon Enhancement Project Enclosed please find copies of the following documents: 1. Copy of City of Carlsbad City Council Resolution No. 97-508. 2. Copy of Grant Deed for APN 216-121-20 Copy of Grant Deed for APN 2 16- 12 1 - 18 Copy of Grant Deed for APN 216-121-21 Copy of Grant Deed for APN 2 16- 140-40 Copy of Grant Deed (No APN) If you have any questions, please do not hesitate to contact this office. &YeMC Assistant City Cler KRK:ijp Enclosures ___~~ ~ ~ 1200 Carisbad Village Drive - Carlsbad, California 920O8-l989 - (760) 434-28 . ~~~~. ~~~~". ~ ~ ~ -~ ~~~ ~. ""_ ~".~~~~- ~~~~~ ~ "~~_~~_ _~___~~_~.. " ., r, * 0 0 " City of Carlsbac June 25,1997 Mr. Bruce Seaton Port of Los Angeles 425 South Palos Verdes Street P. 0. Box 151 San Pedro, CA 90733-0151 Re: Batiquitos Lagoon Enhancement Project Enclosed please find copies of the following documents: 1. Copy of City of Carlsbad City Council Resolution No. 97-508. 2. Copy of Grant Deed for APN 216-121-20 Copy of Grant Deed for APN 2 16- 12 1 - 1 8 Copy of Grant Deed for APN 21 6- 121 -21 Copy of Grant Deed for APN 22 6- 140-40 Copy of Grant Deed (No APN) If you have any questions, please do not hesitate to contact this office. KRK:ijp Enclosures ~-~. . 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 (760) 434-28( ~~ ~~"~ .~-~~ ~ ____-~~.~~~~ """ __~_~ .".. ~~~~~