HomeMy WebLinkAbout1998-09-01; City Council; 14826; APPROVING RIGHT-OF-WAY CONTRACTS FOR ACQUISITION OF EASEMENTS FOR POINSETTIA LANE AND BRIGANTINE DRIVE4B# 14,826
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IEPT. ENG
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Cl-c f OF CARLSBAD - AGENDA biLL
TITLE-
-’ APPROVING RIGHT-OF-WAY CONTRACTS FOR ACQUISITION OF EASEMENTS FOR CITY Al-l-Y. $@b
POINSETTIA LANE AND BRIGANTINE DRIVE CITY MGR. ?-
CT 93-9 RECOMMENDED ACTION:
Adopt Resolution No. 98-289 approving right-of-way contracts with Ernest M. Hidalgo and
Avelina Hidalgo, and Ronald L. Roesch for the acquisition of right-of-way and associated temporary
construction, drainage and slope easements for Poinsettia Lane and Brigantine Drive and
authorizing the Mayor to execute the agreements on behalf of the City of Carlsbad.
ITEM EXPLANATION:
The owner of the Ocean Bluff project has been negotiating for the acquisition of right-of-way with
property owners along the Poinsettia Lane and Brigantine Drive alignments for several months. In
March of this year, the City Council approved an agreement with JANMAC, Inc., to assist in acquiring the needed right-of-way. In May, the City Council approved a reimbursement agreement
with the owner of the Ocean Bluff project that provided for the connection of Poinsettia Lane from
its current western terminus at Aviara Parkway to Black Rail Road. At the same meeting, Council
directed staff to initiate condemnation proceedings against the six property owners with whom the
Ocean Bluff developer and JANMAC, Inc., were unable to reach agreement on the acquisition of
needed right-of-way.
Subsequent to the Council meeting in May, the developer and JANMAC, Inc., were
successful in concluding negotiations for the acquisition of the needed Poinsettia Lane/Brigantine
Drive right-of-way from the two property owhers who were not included in the proposed
condemnation proceedings. Staff is presenting for Council two approved acquisition agreements,
one with Ernest M. and Avelina Hidalgo for acquisition of right-of-way and associated slope and
construction easements for Poinsettia Lane, and the other with Ronald M. Roesch for the
acquisition of right-of-way and associated slope and construction easements for Brigantine Drive.
The Hidalgo agreement provides for the payment of $7,800 for the portion of their ownership
impacted by Poinsettia Lane. The agreement covers all areas required for temporary construction
and slope maintenance in addition to the standard right-of-way requirements. Copies of the legal
descriptions, plats and executed grant deeds are included as attachments to the agreement.
The Roesch agreement provides for the payment of $3,000 for the portion of their ownership
impacted by Brigantine Drive, the main public access road serving properties north of Poinsettia
Lane. The agreement covers ail areas required for temporary construction and slope maintenance
in addition to the standard right-of-way requirements associated with the road. Copies of the legal
descriptions, plats and executed grant deeds are included as attachments to the agreement.
ENVIRONMENTAL REVIEW:
The Planning Director has determined that additional environmental impacts beyond those
analyzed and mitigated by the Zone 20 Final Environmental Impact Report (EIR 90-03) would not result from implementation of the construction of Poinsettia Lane and Brigantine Drive; therefore
this project qualifies as a project within the scope of both the Zone 20 EIR and the City’s MEIR. The
Planning Director issued a Notice of Prior Environmental Compliance on May 8, 1998. The applicable mitigation measures of EIR 90-03 were included as conditions of approval for the Ocean
Bluff project which include the requirements to construct the roadways specified in the subject agreements. Mitigation conditions included the purchase of credits in an off-site habitat mitigation
bank and/or revegetation at an off-site location within Zone 20 for impacts to coastal sage scrub
s
A h
. Page 2 of Agenda Bill No. 14,826
habitat and southern maritime chaparral resulting from grading necessary to construct Poinsettia
Lane and Brigantine Drive.
FISCAL IMPACT:
The costs associated with the Hidalgo acquisition were funded in the Bridge and Thoroughfare
Benefit District No. 2 budget and were previously appropriated for this purpose by the Council’s action in May approving the reimbursement agreement with Catellus for the construction of
Poinsettia Lane from Aviara Parkway to Black Rail (Resolution No. 98-150).
The costs related to the Roesch property acquisition for Brigantine Drive are the responsibility of
the developer of the Ocean Bluff project. The developer has posted cash deposits in the amount of
$61,470 to guarantee payment of their share of the combined acquisition costs associated with
Brigantine Drive.
Upon signature of the acquisition agreements with Hidalgo and Roesch, staff will process the
required payments to the property owners and forward the executed documents to the
First American Title Insurance Company escrow division to be processed in accordance with the
terms of the agreements.
EXHIBITS:
1. Location Map.
2. Site Map.
3. Resolution No. 98-289 approving right-of-way contracts with Ernest M. Hidalgo and
Avelina Hidalgo, and Ronald L. Roesch for the acquisition of right-of-way and associated
temporary construction, drainage and slope easements for Poinsettia Lane and Brigantine
Drive and authorizing the Mayor to execute the agreements on behalf of the City of
Carlsbad.
4. Right-of-Way Agreement - Ernest M. Hidalgo and Avelina Hidalgo.
5. Right-of-Way Agreement - Ronald R. Roesch.
2
LOCATION MAP
_-L- -----
NOT JO SCALE
PROJECT NAME . . RIGHT-OF-WAY ACQUISITION FOR EXHIBIT
POINSETTIA LANE/ BRIGANTINE DRIVE 1
SITE MAP
~Jpmwlw
PROJECT NAME RIGHT-OF-WAY ACQUISITION FOR EXHIEIT
POINSETTIA LANE/ BRIGANTINE DRIVE 2
1
+ -4
RESOLUTION NO. 98-289
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING RIGHT-OF-WAY
CONTRACTS WITH ERNEST M. HIDALGO AND
AVELINAHIDALGO, AND RONALD L. ROESCH FOR THE
ACQUISITION OF RIGHT-OF-WAY AND ASSOCIATED TEMPORARY CONSTRUCTION, DRAINAGE AND SLOPE
EASEMENTS FOR POINSETTIA LANE AND BRIGANTINE DRIVE.
6
7
WHEREAS, the Catellus Residential Group (Developer), as a condition of approval
for Carlsbad Tract 93-09 (Ocean Bluff) is conditioned to construct Poinsettia Lane from
a Aviara Parkway to Black Rail Road and Brigantine Drive from Poinsettia Lane to the Ocean Bluff
9 project site (Project); and
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WHEREAS, the City, pursuant to a reimbursement agreement with the Developer
approved by City Council on May 19, 1998, agreed to assist the Developer in the acquisition of
the necessary rights-of-way for the Project pursuant to the terms of the agreement; and
WHEREAS, the Developer and the City’s expropriation consultant, JANMAC, Inc., have
successfully concluded negotiations for acquisition of the required rights-of-way for the Project
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across the Hidalgo and Roesch properties; and
WHEREAS, JANMAC, Inc., has presented for Council approval Acquisition Agreements
with the Hidalgo and Roesch property owners; and
WHEREAS, Council has previously appropriated adequate funds for the acquisition of the
ia
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required rights-of-way for Poinsettia Lane from the revenues derived from Bridge and
Thoroughfare District No. 3; and
20 WHEREAS, the Developer has posted an adequate cash deposit with the City for the
21
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23
acquisition of Brigantine Drive.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
24 1. That the above recitations are true and correct.
25
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2. That the Acquisition Agreements with Ernest M. Hidalgo and Avelina Hidalgo, and
Ronald L. Roesch for the acquisition of right-of-way and associated temporary construction,
drainage and slope easements for the Project are hereby approved and the Mayor is authorized
to execute the agreements on behalf of the City.
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II + h
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1 3. That the Finance Director is directed to prepare payments to the property owners
2 pursuant to the terms of the agreement and that the City Clerk is authorized to sign and attach the
3 City’s Certificate of Acceptance of the grant deeds and other easement documents and forward
4 the original executed Acquisition Agreements, deeds and easements together with the
appropriate checks prepared by the Finance Department to JANMAC, Inc., for deposit into escrow
5 with First American Title Insurance Company.
6
7 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
a held on the lSt day of September , 1998 by the following vote, to wit:
9 AYES: Council Members Lewis, Kulchin, Nygaard, Finnila & Hall
10 NOES: None
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ABSENT: None
I5 ATTEST: II
16
la II KAREN R. KTiNDTZ, Ass%tant City Clerk
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(SEAL)
. Page 1 of 3 . t EXHIBIT 4 , CITY OF CARLSBAD - ENGINEERING DEPARTMENT
RIGHT OF WAY CONTRACT - CITY OF CARLSBAD
RW (11197)
City of Carlsbad, California Project: Poinsettia Lane Extension
Executed this 9-c day APN 2 15-070-20
Document No. 030HIDA
Document No. 031 HIDA
Grantors:
Situs Address (or location): ERNEST M. HIDALGO and AVELINA HIDALGO, son
and mother, as joint tenants 6511 EL CAMINO REAL
CARLSBAD, CA 92009-2804
This Right Of Way Contract is made by and between the CITY OF CARLSBAD, herein called “City” ,,
and ERNEST M. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants, herein called
“Grantors”.
Document No. 030HIDA, attached hereto as Exhibit “A”, in the form of an Individual Grant Deed (for
public street right-of-way) covering the property more particularly described in said instrument and Document
No. 031HIDA, in the form of an Easement Deed, attached hereto as Exhibit “B”, (for slope and temporary
construction easements) covering the property more particularly described in said instrument has been or will
be executed and delivered to W.L. MacFARLANE, Expropriation Consultant, for the City of Carlsbad.
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
follows:
1. A. The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the City of
all further obligation or claims on this account, or on account of the location, grade or
construction of the proposed public improvement.
B. City requires said property described in Document Nos. 030HIDA and 031 HIDA, a public use
for which the City has the authority to exercise the power of eminent domain. Grantor is
compelled to grant, and City is compelled to acquire the property.
C. Both Grantor and City recognize the expense, time, effort, and risk to both parties in determin-
ing the compensation for the property by eminent domain litigation. The compensation set
forth herein for the property is in compromise and settlement, in lieu of such litigation.
D. The Grantor hereby grants to City, its contractors, agents, and all others deemed necessary by
City, the irrevocable right to possession and use of the property described in Document Nos.
030HIDA and 031 HIDA including the right to remove and dispose of improvements within the
right of way. The possession and use of said property interest shall become effective upon the
execution of this agreement by all parties. The amount shown in Paragraph 2A includes full
payment for such possession and use.
JANMAC, INC./Expropriation Consultants (Carlsbad\Poinsettia Ext\RW Contracts\03HIDALGO) 04/10/98
.
CITY &F CARLSBAD - ENGINEERING DEPARl v JT Page 2 of 3
. RIGHT OF WAY CONTRACT - CITY OF CARLSBAD
Rvv (11197)
2. The City shall:
A. Pay the undersigned grantor(s) the sum of $7,800 for the property or interest conveyed by the
above document(s) when title to said property interest vests in the City free and clear of all
liens, encumbrances, judgements, assessments, easements and leases (recorded and/or
unrecorded) and taxes, except:
(1) Taxes for the tax year in which this escrow closes shall be cleared and paid by the
Grantor in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow. Section 5086 relates to corrections and refunds based
on an acquisition that occurs after the commencement of the taxable year and the
amount of the tax is unknown until the close of escrow.
(2) Covenants, conditions, restrictions and reservations of record, or contained in the
above referenced document.
(3) Easements or rights of way over said land for public or quasi-public utility or public
street purposes, if any.
(4) (Additional exceptions as applicable and noted by reference to the Preliminary Title
Report).
B. Open an escrow with the First American Title Insurance Company, San Diego office, and
deposit the amount shown in Clause 2(A) and pay all escrow fees, recording fees and
document processing fees incurred in this transaction and, if title insurance is desired by the
City, the premium charged therefor.
C. Every reasonable effort will be made to close the escrow within thirty (30) days of receiving the
signed Right Of Way Contract and the executed/notarized documents.
3. Grantor does hereby:
A. Agree to sign escrow instructions and provide those documents necessary to place title in the
condition called for in Clause 2(A), including, but not limited to, W-9 Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or corporation documentation (if applicable).
B. Authorize escrow and consent to the processing of partial reconveyances, subordination
agreements and lien releases associated with obtaining free and clear title to subject property.
C. Authorize escrow, subject to Grantor/Grantors review of the lien priorities and payment
demands, to deduct and pay from the amount shown in Clause 2(A), the amount necessary to
satisfy the federal and state tax liens, judgement liens, lender demands associated with trust
deeds or mortgages, any bond demands and delinquent real estate taxes due in any year
except the year in which this escrow closes, together with penalties and interest thereon,
and/or delinquent and unpaid non-delinquent assessments which have become a lien at the
close of escrow. This authorization is limited to the amount shown in Clause 2(A). If the
amount of the lien demand(s) exceeds the amount shown in Clause 2(A), a written request for
JANMAC, INC./Expropriation Consultants (Carlsbad\Poinsettia Ext\RW Contracts\OSHIDALGO) 04/10/98
CITY cj; CARLSBAD - ENGINEERING DEPARl , rT Page 3of 3
. RIGHT OF WAY CONTRACT - CITY OF CARLSBAD
RW (11197)
a waiver of the deficient amount will be presented to the lien holder or lien holders by the
escrow officer.
No Obligation Other Than Those Set Forth Herein Will Be Recognized
In Witness Whereof, the Parties have executed this agreement on the day, month and year first above
written.
ERNEST M. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants
BY: d
ATTEST:
KAREN R. KUNDTZ,
Assistant City Clerk
(Carlsbad\Poinsettia Ext\RW Contracts\OJHIDALGO) 04/10/98
--
RECORDING REQUESTED E
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
- Space above this line for Recorder’s Use -
The undersigned grantor(s) declare(s):
Documentary transfer tax is $m
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
NO RECORDING FEE REQUIRED:
THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF
CALIFORNIA GOVERNMENT CODE
( ) Unincorporated area: ( x ) City of Carlsbad, and
Assessor’s Project: Poinsettia Lane Extension
Parcel No.: APN 215-070-20 Location: Poinsettia Lane & Aviara Parkway
DOCUMENT NO.: 030HIDA Reference: RW/030HIDA
INDIVIDUAL GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ERNEST M. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants
hereby GRANTS to the
City of Cartsbad, a Municipal Corporation,
the following described real property in the City of Carlsbad, County of San Diego, State of California,
for public improvement purposes as described in the Exhibit “A” consisting of two (2) pages, attached
hereto and made a part hereof, and Exhibit “B” consisting of two (2) pages is attached for clarity only.
The Grantor understands that the present intention of the Grantee is to construct and maintain a
public highway on the land hereby conveyed in fee and the Grantor, for the Grantor’s successors and
assigns, hereby waives any claim for any and all damages to grantor’s remaining property contiguous
to the property hereby conveyed by reason of the location, construction, landscaping or maintenance
of said highway.
(As used above, the term “Grantor” shall include the plural as well as the singular number.)
(carlsbad\POINSETTIA EXT\DEEDS\030HIDA) 04/10/98
(JANMAC, INC., Expropriation Consultants)
This document was executed this 2 r’ day of
ERNEST M. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants
, 1998.
&
AVELINA HIDALGO
f NOTARY JURAT)
, STATE OF ;ss.
COUNTYOF %+ 1
I
On /#!gJ&strpl*
/ before me, (the notary) I I
personally appeared (insert here the names of the parties who personally appeared) w 6 G*w b*fc,
Awas& p$YAlkM personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) k are subscribed to the within instrument and acknowledged to me that
/they executed the same in t&/$+r/their authorized capacity(ies). and that by f$r/h k /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
Signature:
(This area hw oftkial notarial seal)
(JANMAC, INC., Expropriation Consultants)
(carlsbad\POINSETTIA EXT\DEEDS\030HIDA) 04/10/98
EXHIBIT “A”
LEGAL DESCRIPTION
HIDALGO
PR. 3.4.316
(POINSETTIA LANE)
THAT PORTION OF PARCEL 1 (DEDICATION PARCEL) DESCRIBED HEREIN
LYING WITHIN PARCEL “A” (OWNERSHIP PARCEL) DESCRIBED HEREIN.
PARCEL “A” (OWNERSHIP PARCEL)
THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS DESCRIBED IN DEED TO
ERNEST M: HIDALGO -AND AVELINA HIDALGO RECORDED NOVEMBER 20, 1997,
DOCUMENT NO. 1997-0588760 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL PLAT THEREOF.
PARCEL 1 (DEDICATION PARCEL)
BEING A 102.00 FOOT WIDE STRIP OF IAND LYING 51.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE CENTERLINE INTERSECTION OF POINSEll-IA LANE AND AVIARA
PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15,
MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTYRECORDER SEPTEMBER 17,
1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S.
5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY
RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72”12’46” EAST, 593.97 FEET
(NORTH 72”47’00” EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON THE
CENTERLINE OF SAID POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY
MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT
STAMPED “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG
:DA M:\Legals\l953 Ocean BluftI004A03.doc
WO 1953-4 2l27/98
PAGE 1 OF 2
SAID CENTERLINE OF POlNSElTIA LANE, NORTH 72”12’46” EAST (NORTH 72”47’00”
EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 02”41’01” A DISTANCE OF 65.57 FEET (02’41’12”, 65.65 FEET PER
MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT
BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A
CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 27”50’53”, A DISTANCE OF 680.46 FEET; THENCE NORTH 41”40’52”
EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY
AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
50”47”26” A DISTANCE OF 1241.05 FEET TO A POINT OF TANGCNCY ON THE
SOUTHERLY LINE OF -PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED
MARCH 11, 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SAID
SOUTHERLY LINE, SOUTH 87”31’42” EAST, 134.77 FEET TO THE SOUTHEAST CORNER
OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A j/4 INCH IRON PIPE MARKED
“RCE 8210”.
THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID
FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF
PARCEL “B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY
LINE OF BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE
NO. NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL
RECORDS.
3-3-93
JOHN W. HILL, JR. L.S. 5669
HUNSAKER 8 ASSOCIATES SAN DIEGO, INC.
:DA M:\Legals\l953 Ocean BluffiO04A03.doc
WO 19534 2/27/98
PAGE 2 OF 2
.
Fi1os 12096
----
FRACTJONAL \
---
INDICATES STREET SURVEY MONUMENT STAMPED l L.S. 5894” PER R OF S 13348.
INDICATES 314 L IRON PIPE MARKED “RCE 82 10 PER R OF S 12096
lNDlGQTES RECORD DATA PER MAP 12972
INDICATES RECORD DATA PER R OF S 1.3348
JcRTmmY w I 1 INDIGI TES RECORD DATA PER R OF S 4772
NO SCALE LEGAL DESCRIPTION
PORTION OF FRACTIONAL SEC. 22, T12.5 R4W, S. R.M.
I-IUNSAKER &ASSOCIATES BASIS OF B-GS= SAM DILGD, INC THE E4SIS Of BEARINGS FOR THIS bAP IS A PORTION OF THE NORTHERLY LINE OF FRACTIONAL SECTION 22, Tf2S, PIANNINC wl79- sr slits ml R4W. S.&M., PER MAP NO. 13429. I.E. N 89’57’43%
ENCJNEUINC SnOiqaGPZl?l SURVMNC ~6l9b54WOO~ FXf6?3k.W4l4
0011co1.m SHEET 1 OF 2
DEMCATION PiAT - C/N Of CARLSBAD
PPLICANT: PREPARED BY: PROJECT: A.P.N.:
CATELLUS RES I DENT I AL CROUP IRVINE, CA 92714 POlffS~ 215-070-20
SUITE 400 p a-/+? 3-3- 7t
5 PARK PLAZA LANE
(714) 251-6100 JOHN W. HILL JR. L.S. 5669
EXPIRES: g/30/99 PR. 3.4.316 EXHIBIT “B”
1 ,-
.
_--- ----
\ \ Ex’sTI 7’ ~~~M!M TO SAN DIE60 c;;4s & fTJ[cT~lc
co- RECOXFLI S/16/1972 AS FILE/PAGE ~0. 123.323 OF 0-R.
ExJsT; 15O’ ~IM%T TO SAN D/EC0 aS & E’ECTR~C
“* REcoRDED l/lo/l958 IN BK. 6902, PG. 504 0-R.
SCALE 1” = 100’ NOTE: DATA SHOWN HEREON IS R&ED ON THE FOLLOWING
HUNSAKER RECORD OF SURVEY MAPS: 584, 4772, 4773. 5715.
&I ASSOCIATES 6269, 10774, 12096, 13762 AND 146.30. RECORD OF I SURVEY MAP NO. 14608 SHOWS AL TERNA TE LOa TlONS IA” DIEGO. INC FOR PROPERN LINES SHOWN HEREON. NO puMwt Krvg-st~m REPRESENTATION IS MADE HEREON AS TO THE LOQJT’ON
DJQNEERINC smo+G~ OF PROPERTY OR OWNERSHIP LINES. svwmvc Pl#6?5%.5bdSQO- D((619)556141) SHEET 2 OF 2 0013Lcoz.0~
DED/CATlON PlAT - C/N OF wCXMD
\PPLICANT: PREPARED BY: PROJECT: A.P.N.:
CATELLUS RESIMNTIAL UWl’
IRVINE, CA 92714 POhMl7M 215-070-20
SUITE 400 4 9 3-?-Y& LANE 5 PARU PLAZA JOHN W. HILL. JR. LS. 5669 (714) 251-6100 PR. 3.4.376 EXHIBIT “B” EXPIRES: g/30/99
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated April 25, 1998
from Avelina Hidalgo and Ernest M. Hidalgo
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. 98-289 I adopted
On September 1, 1998 , and the grantee consents to the
recordation thereof by its duly authorized officer.
\,.
DATED:
By:
L
RECORDING REQUESTED B’ -
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
- Space above this line for Recorder’s Use -
The undersigned grantor(s) declare(s):
Documentary transfer tax is $o.oO
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
NO RECORDING FEE REQUIRED:
THIS DOCUMENT EXEMPT FROM FEE
PURSUANT TO SECTION 27383 OF
CALIFORNIA GOVERNMENT CODE
( ) Unincorporated area: ( x ) City of Carlsbad, and
Assessor’s
Parcel No.: APN 215-070-20
DOCUMENT NO.: 031 HIDA
Project: Poinsettia Lane Extension
Location: Poinsettia Lane 8 Aviara Parkway
Reference: RW1031 MDA
SLOPE AND TEMPORARY CONSTRUCTION EASEMENTS
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ERNEST M. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants
hereby GRANTS to the
CITY OF CARLSBAD, a Municipal Corporation,
an easement for the construction and maintenance of a slope and incidents thereto, upon, over and across
that certain real property hereinafter described in Exhibit “A” consisting of three (3) pages attached hereto and
made a part hereof, and Exhibit “B” consisting of two (2) pages is attached hereto for clarity only, together
with;
an easement for temporary construction purposes and incidents thereto, upon, over, and across that certain
real property hereinafter described in the above referenced Exhibits “A” and “B”.
The real property referred to hereinabove and made subject to said slope easement is situated in the City of
Carlsbad, County of San Diego, State of California, and is more particularly described as Parcel 2 in the above
referenced Exhibits “A” and ‘B”.
The real property referred to hereinabove and made subject to said temporary construction easement is
situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described as
Parcel 3 in the above referenced Exhibits “A” and “B”.
(JANMAC. INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\031HIDA) 04/10/98
C
It is understood and agreed that the Grantor(s) of the temporary construction easement described as Parcel 3
shall not be held liable for any damage to equipment or injury to personnel of said Grantee, its agents or
employees, in the performance of the work done within the temporary construction easement.
The temporary construction easement shall remain in force for a period of three (3) years from the date this
document has been recorded in the Office of the County Recorder of San Diego County. Upon the expiration
of said three (3) year period, the Grantee shall have no further rights or liability in connection with said
temporary construction easement.
This document was executed this day of -g< , 1998.
ERNESTA. HIDALGO and AVELINA HIDALGO, son and mother, as joint tenants
/
AVELINA HIDALGO
(NOTARY JURAT) .rL c
STATE OF b&P ;ss.
COUNTY OF % o& 1
On mLZKWl$k before me, P&*V~s *=#a4 . I
personally appeared # tlw-f fib hi* AlvlD ~~‘++GwP Jt -
- personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) 4 i are subscribed to the within instrument and acknowledged to me
same in his/her/their authorized capacity(ies), and that by l!&/hb/their signature(s) on the instrument the person(s)
instrument.
(This area for official notarial seal)
(JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\031HIDA) 04/10/98
EXHIBIT “A”
LEGAL DESCRIPTION
HIDALGO
PR. 32.104
(SLOPE & TEMPORARY CONSTRUCTION EASEMENTS)
THOSE PORTIONS OF THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL
SECTION 22, TOWNSHIP 12 SOUTH; RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AS
DESCRIBED IN DEED TO ERNEST M. HIDALGO AND AVELINA HIDALGO RECORDED
NOVEMBER 20, 1997, DOCUMENT NO. 1997-0588760 OF OFFICIAL .RECORDS OF SAN
DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PARCEL 1 (REFERENCE ONLY POINSETTIA LANE)
BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51 .OO FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA
PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15,
MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTYRECORDER SEPTEMBER 17,
1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S.
5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY
RECORDER AUGUST 8, 1991, SAID POINT BEARS NORTH 72”12’46” EAST, 593.97 FEET
(NORTH 72”47’00”. EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON THE
CENTERLINE OF SAID POINSE-ITIA LANE AS SHOWN ON SAID RECORD OF SURVEY
MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT
STAMPED “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG
SAID CENTERLINE OF POINSETTIA LANE, NORTH 72”12’46” EAST (NORTH 72”47’00”
EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE
CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 02”41’01” A DISTANCE OF 65.57 FEET (02”41’12”, 65.65 FEET PER
:DA M:\Legals\l953 Ocean Bluffi004Al O.doc
wo 1953-4 2127196
PAGE 1 OF 3
.
.
MAP 12972) TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22, SAID POINT
BEING THE TRUE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A
CONTINUATION OF SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 27”50’53”, A DISTANCE OF 680.46 FEET; THENCE NORTH 41”40’52”
EAST, 515.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 1400.00 FEET ; THENCE NORTHEASTERLY
AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
50”47”26” A DISTANCE OF 1241.05 FEET TO A POINT OF TANGENCY ON THE
SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED
MARCH 11, 1997, FILE NO. 1997-0106631 OF OFFICIAL RECORDS; THENCE ALONG SAID
SOUTHERLY LINE, SOUTH 87”31’42” EAST, 134.77 FEET TO THE SOUTHEAST CORNER
OF SAID PARCEL “B”, SAID POINT BEING OCCUPIED BY A J/4 INCH IRON PIPE MARKED
“RCE 8210”.
THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHERLY LINE OF SAID
FRACTIONAL SECTION 22 AND NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL
“B” OF SAID CERTIFICATE OF COMPLIANCE AND EASTERLY IN THE WESTERLY LINE OF
BLACK RAIL ROAD PER NOTICE OF PENDING ACTION SUPERIOR COURT CASE NO.
NO75924 RECORDED SEPTEMBER 12, 1997, FILE NO. 1997-0444689 OF OFFICIAL
RECORDS.
PARCEL 2 (SLOPE EASEMENT)
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE
ALONG THE SOUTHERLY LINE THEREOF, SOUTH 87”31’12” EAST, 39.05 FEET; THENCE
LEAVING SAID SOUTHERLY LINE, NORTH 44”57’59” EAST, 178.53 FEET TO A POINT ON
THE NORTHERLY LINE OF THE SOUTHERLY TWO ACRES OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID
SECTION 22; THENCE ALONG SAID NORTHERLY LINE, NORTH 87”31’12” WEST, 51.93
FEET TO AN INTERSECTION WITH THE .SOUTHERLY LINE OF THE HEREINABOVE
DESCRIBED PARCEL I (PROPOSED POINSETTIA LANE) SAID POINT BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 1349.00 FEET A RADIAL LINE TO SAID POINT BEARS NORTH 47”13’15”
:DA M:\Legals\l953 Ocean BlufR004Al O.doc
wo 1953-4 2/2?/98
PAGE 2 OF 3
A I
WEST; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE AND THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF Ol”O5’53” A DISTANCE OF 25.85 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 41’40’52” WEST, 144.24
FEET; TO THE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.138 ACRE MORE OR
LESS.
PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT)
BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHEASTERLY LINE BEING
PARALLEL WITH AND 20.00 FEET SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF
THE HEREINABOVE DESCRIBED PARCEL 2.
THE SOUTHEASTERLY -SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE
SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE
SOUTHERLY LINE OF THE SOUTHERLY TWO ACRES OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22
AND NORTHEASTERLY IN THE NORTHERLY LINE OF THE SOUTHERLY TWO ACRES OF
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SAID SECTION 22.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.082 ACRE MORE OR
LESS.
JOHN W. HILL, JR. L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
:DA M:\Legals\l953 Ocean BluffIO04AlO.doc
wo 1953-4 u2719a
PAGE 3 OF 3
.
----
-- -- --
FRACTJoNAL \
---
----
lNLX4TES STREET SURVEY MONUMENT STAMPED
“L.S. 5894” PER R OF S 13348.
INLX4 TES 3f 4” IRON PIPE MARKED “RCE 8210 PER R OF S 12096
( > INDICATES RECORD LX4 PER MAP 12972
/ND/UTES RECORD DATA PER R OF S 13348
INDIcrlTES RECORD DATA PER R OF S 4772
No SCALE LEGAL DESC'P?TUN
PORTION OF FR9CllONAL SEC. 22, Tl2S. R4w, S.B.M.
THE R.4SI.S OF BEARINGS FOR THIS MAP IS A PORTION OF
THE NORTHERLY LINE OF FRACnONAL SECTION 22, Tl2S,
PlANMNc mm~sr~am R4W. S.B.M., PER MAP NO. 13429, I.E. N 89’57’43%
BK;WEWHG 5anlkg@G9lm
SWytyHc PlU6l9bS~WOO-~6l9~l4l4
OOl.YLCf 1.m SHEET 1 OF 2
DEDICATION PLAT - CITY OF CARlSR4D
rPPLICANT: PREPARED BY: PROJECT: A.P.N.:
CATELLUS RESIDENTIAL CROUP SLOPE & TEMPORARY IRVINE. CA 92714 sI-u2 3-jmyz CONS7RlJC77ON 215-070-20
SUITE 400
5 PARK PLAZA E4SEMEAKS
(714) 251-6100 JOHN W. HILL. JR. LS. 5669
EXPIRES: g/30/99 PR. 3.2.7 04 EXHIBIT “B”
APN 2 75-070-20
PUB// . l .
--...-.., ,”
PARCEL 2 / j // -J( ‘$6!;i’r2’lv l @p&-E7gr ccl I?1 - -. . XORDED
‘1
iE/PAGE NO.
4 / L T. P. 0. B- l.aJ.?J OF O.R.
.J / P.O.C. / -r-a-, -
Immufi / PAKC’tL J/ ,/ 1 I
I I/
lNDlC4 TES SL( 3PE EASEMENT 4o
PARCEL 3
0 40 80 d
-s II
120 ‘,
INDICATES TEMPORARY ij
CONSTRUCTION GISEMENT *oTE: * i5
lillllI
4
VY
; HUNSAKER DATA SHOWN HEREON IS BASED 01)’ THE FOLLOWING
; fkym+E RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715,
6269, 10774, 12096, 13762 AND 14630. RECORD Of kl
SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCAUONS lTANfwc nm9Husnelra,stsrirrzoo - saac6cg~G9i-m FOR PROPERTY LINES SHOWN HEREON. NO
SURWYlNC pH(4l9bb4SUO. Ed6l9bbUl4 REPRESENTATION IS MADE HEREON AS TO THE LOCATION w13lcu2.0wc OF PROPERTY OR OWNERSHIP LINES. SHEET 2 OF 2
I DEDICATION PLAT - CITY OF CARLSRAD I APPLICANT: PREPARED BY: PROJECT: A.P.N.:
CATELLUS RSIGENTIAL CROUP IRVINE, CA 92714 SLOPE h TEMPOR4RY 215-070-20
SUITE 400 s ew 7ee3 +& CONSTRUC7lON
5 PARU PLAZA
(714) 251-6100 JOHN W. HILL. JR. LS. 5669 EASEMEWS
EXPIRE!? Q/30/99 PR. 3.2.104 EXHIBIT “B”
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated April 25, 1998
from Avelina Hidalgo and Ernest M. Hidalgo
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. 98-289 I adopted
On September 1, 1998 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED:
By:
.
CH-Y OF CARLSBAD - ENGINEERING DEPARTMENT
RIGHT OF WAY CONTRACT - CITY OF CARLSBAD
RW (11/97)
Page 1 of 3
EXHIBIT 5
City of Carlsbad, California
Executed this day
Project: Poinsettia Lane Extension and
Brigantine Drive Connection
of
Grantor:
,199 .
APN 215-070-27
Document No. 050ROES
Document No. 051 ROES
RONALD L. ROESCH, AS HIS SOLE AND SEPARATE Situs Address (or location):
PROPERTY Easterly of the intersection of Poinsettia Lane
and Aviara Parkway with the City of Carlsbad
This Right Of Way Contract is made by and between the CITY OF CARLSBAD, herein called “City”
and RONALD L. ROESCH, AS HIS SOLE AND SEPARATE PROPERTY, herein called “Grantor”.
Document No. OSOROES, attached hereto as Exhibit “A”, in the form of an Individual Grant Deed (for
public street right-of-way) covering the property more particularly described in said instrument and Document
No. 051ROES, attached hereto as Exhibit “B”, in the form of an Easement Deed (for slope, drainage and
temporary construction easements) covering the property more particularly described in said instrument has
been or will be executed and delivered to W.L. MacFARLANE, Expropriation Consultant, for the City of
Carlsbad.
In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as
follows:
1. A.
B.
C.
D.
The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the City of
all further obligation or claims on this account, or on account of the location, grade or
construction of the proposed public improvement.
City requires said property described in Document Nos. 050ROES and 051ROES, a public use
for which the City has the authority to exercise the power of eminent domain. Grantor is
compelled to grant, and City is compelled to acquire the property.
Both Grantor and City recognize the expense, time, effort, and risk to both parties in determin-
ing the compensation for the property by eminent domain litigation. The compensation set
forth herein for the property is in compromise and settlement; in lieu of such litigation.
The Grantor hereby grants to City, its contractors, agents, and all others deemed necessary by
City, the irrevocable right to possession and use of the property described in Document Nos.
OSOROES and 051 ROES including the right to remove and dispose of improvements within the
right of way. The possession and use of said property interest shall become effective upon the
execution of this agreement by all parties. The amount shown in Paragraph 2A includes full
payment for such possession and use.
JANMAC, INC./Expropriation Consultants (Carlsbad\Poinsettia Ext\RW Contracts\OSROESCH) 0400198
-
CITY OF CARLSBAD - ENGINEERING DEPAKb 4T RIGHT OF WAY CONTRACT - CITY OF CARLSBAD
Page 2 of 3
RW (11/97)
2.
3.
The City shall:
A. Pay the undersigned grantor(s) the sum of $3,000 for the property or interest conveyed by the
above document(s) when title to said property interest vests in the City free and clear of all
liens, encumbrances, judgements, assessments, easements and leases (recorded and/or
unrecorded) and taxes, except:
(1) Taxes for the tax year in which this escrow closes shall be cleared and paid by the
Grantor in the manner required by Section 5086 of the Revenue and Taxation Code, if
unpaid at the close of escrow. Section 5086 relates to corrections and refunds based
on an acquisition that occurs after the commencement of the taxable year and the
amount of the tax is unknown until the close of escrow.
(2) Covenants, conditions, restrictions and reservations of record, or contained in the
above referenced document.
(3) Easements or rights of way over said land for public or quasi-public utility or public
street purposes, if any.
(4) (Additional exceptions as applicable and noted by reference to the Preliminary Title
Report).
6. Open an escrow with the First American Title Insurance Company, San Diego office, and
deposit the amount shown in Clause 2(A) and pay all escrow fees, recording fees and
document processing fees incurred in this transaction and, if title insurance is desired by the
City, the premium charged therefor.
C. Instruct escrow to record the above referenced documents concurrently with the filing of the
subdivision map Ocean Bluff (CT 93-09) by the City of Carlsbad with the San Diego County
Recorder.
Grantor does hereby:
A. Agree to sign escrow instructions and provide those documents necessary to place title in the
condition called for in Clause 2(A), including, but not limited to, W-9 Tax Reporting Form,
Statement Of Information, Certification Of Trust (if applicable), partnership documentation
and/or corporation documentation (if applicable).
8. Authorize escrow and consent to the processing of partial reconveyances, subordination
agreements and lien releases associated with obtaining free and clear title to subject property.
C. Authorize escrow, subject to Grantor/Grantors review of the lien priorities and payment
demands, to deduct and pay from the amount shown in Clause 2(A), the amount necessary to
satisfy the federal and state tax liens, judgement liens, lender demands associated with trust
deeds or mortgages, any bond demands and delinquent real estate taxes due in any year
except the year in which this escrow closes, together with penalties and interest thereon,
JANMAC, INC./Expropriation Consultants (Carlsbad\Poinsettia Ext\RW Contracts\OSROESCH) 04/10/98
CITY OF CARLSBAD - ENGINEERING DEPAR’, JT
RIGHT OF WAY CONTRACT - CITY OF CARLSBAD
Page 3 of 3
RW (11/97)
and/or delinquent and unpaid non-delinquent assessments which have become a lien at the
close of escrow. This authorization is limited to the amount shown in Clause 2(A). If the
amount of the lien demand(s) exceeds the amount shown in Clause 2(A), a written request for
a waiver of the deficient amount will be presented to the lien holder or lien holders by the
escrow officer.
No Obligation Other Than Those Set Forth Herein Will Be Recognized
In witness Whereof, the Parties have executed this agreement on the day, month and year first above
written.
RONALD L. ROESCH, AS HIS SOLE AND SEPARATE PROPERTY
&q&i -;1. l&&l
RONALD L. ROESCH
ATTEST:
KAREN R. KUNDTZ,
Assistant City Clerk
(Carlsbad\Poinsettia Ext\RW Contracts\OSROESCH) 04/10/98
RECORDING REQUESTED B -
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT I
- Space above this line for Recorder’s Use -
The undersigned grantor(s) declare(s):
Documentary transfer tax is $o.oO
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
NO RECORDING FEE REQUIRED:
THIS DOCUMENT EXEMPT FROM FEE
PURSUANT TO SECTION 27383 OF
CALIFORNIA GOVERNMENT CODE
( ) Unincorporated area: ( x ) City of Carlsbad, and
Assessor’s
Parcel No.: APN 215-070-27
DOCUMENT NO.: 050ROES
Project: Poinsettia Lane Extension
Location: Poinsettia Lane & Aviara Parkway
Reference: RW1050ROES
INDIVIDUAL GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
RONALD L. ROESCH, AS HIS SOLE AND SEPARATE PROPERTY
hereby GRANTS to the
City of Carlsbad, a Municipal Corporation,
the following described real property in the City of Carlsbad, County of San Diego, State of California,
for public improvement purposes as described in the Exhibit “‘A” consisting of one (1) page, attached
hereto and made a part hereof, and Exhibit “6” consisting of one (1) page is attached for clarity only.
The Grantor understands that the present intention of the Grantee is to construct and maintain a
public highway on the land hereby conveyed in fee and the Grantor, for the Grantor’s successors and
assigns, hereby waives any claim for any and all damages to grantor’s remaining property contiguous
to the property hereby conveyed by reason of the location, construction, landscaping or maintenance
of said highway.
(As used above, the term “Grantor” shall include the plural as well as the singular number.)
(carlsbad\POINSETTIA EXT\DEEDS\OSOROES) 04/10/98
(JANMAC, INC., Expropriation Consultants)
This document was executed this gfi day of y/l a)/ , 1998. /
RONALD L. ROESCH, AS HIS SOLE AND SEPARATE PROPERTY
&4J J?l.LGd
RONALD L. ROESCH
(NOTARY JURAT) .
personally appeared (insert here the names of the parties who personally appeared) %mrd L Rti3& -
personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authortzed capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity
person(s) acted, executed the instrument.
WITNESS my M/and&d official seal.
Signature:
(This area for oi?Tcial notarial seat)
(JANMAC. INC., Expropriation Consultants)
(carlsbad\POINSETTIA EXT\DEEDS\O!jOROES) 04/10/98
EXHIBIT “A”
LEGAL DESCRIPTION
ROESCH
PR. 3.4.312
(BRIGANTINE DRIVE)
THAT PORTION OF FRACTIONAL SECTION 22, 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, ALSO BEING A
PORTION OF PARCEL ‘A” OF CERTIFICATE OF COMPLIANCE RECORDED ON MARCH
11, 1997 AS FILE NO. 1997-0106633 OF OFFICIAL RECORDS OF SAID SAN DIEGO
COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
BEGINNING AT THE SOUTHEAST CORNER OF PARCEL “A” OF SAID CEkTlFlCATE OF
COMPLIANCE RECORDED MARCH 3, 1997, FILE NO. 1997-0106633 OF OFFICIAL
RECORDS; THENCE ALONG THE EASTERLY LINE THEREOF NORTH 02”17’31” WEST,
174.65 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 88”30’00” WEST, 12.00
FEET; THENCE PARALLEL WITH AND 12.00 FEET WESTERLY OF THE EASTERLY LINE
OF SAID PARCEL “A”, SOUTH 02”17’31” EAST, 129.25 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 312.00 FEET; WHENCE
SOUTHERLY LEAVING SAID PARALLEL LINE ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 08”16’02” A DISTANCE OF 45.02 FEET TO A POINT ON
THE SOUTHERLY LINE OF PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE;
THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87”42’26” EAST, 8.79 FEET TO THE
POINT OF BEGINNING.
THE HEREINABOVE
LESS.
DESCRIBED PARCEL OF LAND CONTAINS 0.047 ACRE MORE OR
3-3-P e
JOHN W. HILL, JR. L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
:DA M:Vegals\l953 Ocean BluftI003AOl.doc
WO 1953-3 2127198
PAGE 1 OF 1
‘_ .
1
-2 II ‘ J i
0.047 ACRES
N P/lRGa. *.Lj *
I
ROESCH
*\ *\
S’L y LINE PARCEL ‘A - CE/?nflQrE L.. 8-a
OF COMPLLWE RECORDED J/I l/g FxE NO. 1997-0106633 0.R. -------
&EGEA?D
INDtCA TES STREET DEDICATION
0.047 ACRE
(( )> INDICATES RECORD DATA PER CERTIRCATE OF
COMPLL4NCE REC. 3/l l/97, 1997-0106631 O.R.
[[ ]] INDICATES RECORD DA% PER CERTGXiTE DF 1 i i '.
COMPLMNCE REC. 3/l l/97, 1997-0106633 O.R.
LEGAL DEscRlpTION 60 Cl 60 120 18C
‘ORTION OF FR4CTtONAL SEC. 22, Tl2.5 R4W. S.B.M.
SCALE 1” = 60’ BASIS OF B'GS:
THE &S/S OF BEARINGS FOR THIS MP IS A PORTION OF
THE NORTHERLY LINE OF FR4CTlONAL SECTION 22, Tl2.S. U4W, S&M., PER MP NO. 13429, I.E. N 89’57’43%
II
I3UNSAKER & ASSOCIATES SAM DIEGO. INC
RAWHC lm9HartslrStSlin2cnl
ENQNE5WC SnDiqaQ9ZUl JWINITY J4X.P
SURVMINC pHo9)sIMMo*~6l9~Ul4
0013LE02.0M; NO SCALE SHEETlff 1
DEDIC4TION PlAT - CITY OF CARLSBAD
LPPLICANT: PREPARED BY: PROJECT: A.P.N.:
CATELLUS RES I DENT I AL GROW
IRVINE, CA 92714 4t -LJ q 3-3+r BRlGWV77NE DRM 215-070-15
SUITE 400
5 PARK PLAZA
(714) 251-6100 JOHN W. HILL. JR. L.S. 5669
EXPIRES: g/30/99 PR. 3.4.312 EXHIBIT “B”
. -
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated mV 5, 1998
from Ronald L. Roesch
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
CalifOrIlia pursuant to resolution No. 98-289 I adopted
on September 1, 1998 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED:
c
RECORDING REQUESTED B-
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT I
- Space above this line for Recorder’s Use -
The undersigned grantor(s) declare(s):
Documentary transfer tax is $o.oO
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
NO RECORDING FEE REQUIRED:
THIS DOCUMENT EXEMPT FROM FEE
PURSUANT TO SECTION 27383 OF
CALIFORNIA GOVERNMENT CODE
( ) Unincorporated area: ( x ) City of Carlsbad, and
Assessor’s
Parcel No.: APN 215-070-27
DOCUMENT NO.: 051 ROES
Project: Poinsettia Lane Extension
Location: Poinsettia Lane & Aviara Parkway
Reference: RW/051 ROES
SLOPE, DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENTS
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
RONALD L. ROESCH, AS HIS SOLE AND SEPARATE PROPERTY
hereby GRANTS to the
CITY OF CARLSBAD, a Municipal Corporation,
an easement for the construction and maintenance of a slope and incidents thereto, upon, over and across
that certain real property hereinafter described in Exhibit “A” consisting of three (3) pages attached hereto and
made a part hereof, and Exhibit “B” consisting of two (2) pages is attached hereto for clarity only, together
with;
an easement for the construction and maintenance of a drainage structure and incidents thereto, upon, over,
under and across that certain real property hereinafter described in the above referenced Exhibits “A” and “B”,
together with;
an easement for temporary construction purposes and incidents thereto, upon, over, and across that certain
real property hereinafter described in the above referenced Exhibits “A” and “B”.
The real property referred to hereinabove and made subject to said slope easement is situated in the City of
Carlsbad, County of San Diego, State of California, and is more particularly described as Parcel 1 in the above
referenced Exhibits “A” and “B”.
(JANMAC, INC., Expropriation Consultants) (carlsbad\POINSETTIA EXT\Easements\051ROES) 04/10/98
, The real property referred to hert,, labove and made subject to said drainage easement is situated in the City
of Carlsbad, County of San Diego, State of California, and is more particularly described as Parcel 2 in the
above referenced Exhibits “A” and “B”.
The real property referred to hereinabove and made subject to said temporary construction easement is
situated in the City of Carlsbad, County of San Diego, State of California, and is more particularly described as
Parcel 3 in the above referenced Exhibits “A” and “B”.
It is understood and agreed that the Grantor(s) of the temporary construction easement described as Parcel 3
shall not be held liable for any damage to equipment or injury to personnel of said Grantee, its agents or
employees, in the performance of the work done within the temporary construction easement.
The temporary construction easement shall remain in force for a period of three (3) years from the date this
document has been recorded in the Office of the County Recorder of San Diego County. Upon the expiration
of said three (3) year period, the Grantee shall have no further rights or liability in connection with said
temporary construction easement.
This document was executed this 5* day of , 1998.
RONALD L. ROESCH, AS HIS SOLE AND SEPARATE PROPERTY
RONALD L. ROESCH -G
(NOTARY JURAT)
A /La STATE OF u-a
/ //
;ss.
-A - 1 COUNTYOF /ylSZJ 1
On 3’ , ,/ before me (the notary).
personally appeared (insert here the names of the parties who personally appeared)
personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hisiherltheir signature(s) on the instrument the person(s)
or the entity upon behalf of which the person(s) acted, executed the I
instrument.
WITNESS my hand CcnDmission # 1147793
Notary Public - California 5
(This area for official notarial seal)
(JANMAC. INC., Expropriation Consultants) (carlsbad\POINSETTIA EXnEasements\OSlROES) 04/10/98
\ ‘.
EXHIBIT “A”
LEGAL DESCRIPTION
ROESCH
PR. 3.2099
(SLOPE, TEMPORARY CONSTRUCTION AND DRAINAGE EASEMENTS)
THOSE PORTIONS OF FRACTIONAL SECTION 22, 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,
ALSO BEING A PORTION OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE
RECORDED ON MARCH 11, 1997 AS FILE NO. 1997-0106633 OF OFFICIAL
RECORDS OF SAID SAN DIEGO COUNTY, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PARCEL 1 (SLOPE EASEMENT)
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL “A” OF SAID
CERTIFICATE OF COMPLIANCE RECORDED MARCH 3, 1997, FILE NO. 1997-
0106633 OF OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE
THEREOF NORTH 02”17’31” WEST, 174.65 FEET TO. THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID EASTERLY LINE, SOUTH 88”30’00” WEST,
12.00 FEET; THENCE PARALLEL WITH AND 12.00 FEET WESTERLY OF THE
EASTERLY LINE OF SAID PARCEL “A”, SOUTH 02”17’31 11 EAST, 129.25 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 312.00 FEET; THENCE SOUTHERLY LEAVING SAID PARALLEL LINE
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08”16’02” A
DISTANCE OF 45.02 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL “A”
OF SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG SAID SOUTHERLY
LINE, NORTH 87”42’26” WEST, 30.13 FEET; THENCE LEAVING SAID SOUTHERLY
LINE, NORTH 23”22’44” WEST, 17.91 FEET; THENCE NORTH 02”43’20” EAST,
174.46 FEET; THENCE SOUTH 89”55’04” EAST, 30.01 FEET TO A POINT ON THE
EASTERLY LINE OF PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE;
THENCE ALONG SAID EASTERLY LINE, SOUTH 02”17’31” EAST, 17.72 FEET TO
THE TRUE POINT OF BEGINNING.
PAGE 1 OF 3
:DA M:Legals\l953 Ocean Bluffi003AO2.doc
WO 1953-3 2127i98
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.120 ACRE
MORE OR LESS.
PARCEL 2 (TEMPORARY CONSTRUCTION EASEMENT)
BEING A 20.00 FOOT WIDE STRIP OF LAND, THE WESTERLY AND NORTHERLY
LINES BEING PARALLEL WITH AND 20.00 FEET WESTERLY AND NORTHERLY OF
THE WESTERLY AND NORTHERLY LINES OF THE HEREINABOVE DESCRIBED
PARCEL 1.
THE WESTERLY AND NORTHERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP
OF LAND TO BE SHORTENED OR EXTENDED SO AS TO- TERMINATE
SOUTHERLY IN THE SOUTHERLY LINE OF PARCEL “A” OF SAID CERTIFICATE OF
COMPLIANCE AND EASTERLY IN THE EASTERLY LINE OF SAID CERTIFICATE OF
COMPLIANCE.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.111 ACRE
MORE OR LESS.
PARCEL 3 (DRAINAGE EASEMENT)
BEING A 15.00 FOOT WIDE STRIP OF IAND LYING 7.50 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL “A” OF SAID
CERTIFICATE OF COMPLIANCE RECORDED MARCH 3, 1997, FILE NO. 1997-
0106633 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE
THEREOF NORTH 87”42’26” WEST (RECORD = NORTH 87”09’02” WEST), 8.79
FEET TO A POINT ON THE EASTERLY LINE OF THE HEREINABOVE DESCRIBED
PARCEL 1 SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE EASTERLY HAVING A RADIUS OF 312.00 FEET, A RADIAL TO SAID
POINT BEARS SOUTH 79”26’27” WEST; THENCE NORTHERLY ALONG SAID
:DA M:\Legals\1953 Ocean BluftIO03AOZ.doc
wo 1953-3 2127198
PAGE 2 OF 3
.
EASTERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 04”52’12” A DISTANCE OF 26.52 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY LINE, SOUTH 86”41’49” WEST, 26.11 FEET TO
A POINT HEREINAFTER REFERRED TO AS POINT “A” AND THE POINT OF
TERMINUS.
THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED
OR EXTENDED SO AS TO TERMINATE IN THE EASTERLY LINE OF SAID PARCEL
I.
THE HEREINABOVE DESCRIBED PARCEL OF IAND CONTAINS 392 SQUARE
FEET MORE OR LESS.
PARCEL 4 (DRAliAGE EASEMENT)
BEING A 20.00 FOOT WIDE STRIP OF L4ND LYING 10.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE HEREINABOVE DESCRIBED POINT ‘A” IN PARCEL 3;
THENCE SOUTH 86”41’49” WEST, 15.00 FEET TO THE POINT OF TERMINUS.
THE HEREINABOVE DESCRIBED PARCEL OF lAND CONTAINS 300 SQUARE
FEET MORE OR LESS.
q7uA9 3-3 -?g
JOHN W. HILL, JR. L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
:DA M:\Legals\1953 Ocean Bluff’i003A02.doc
WO 1953-3 2l27l98
PAGE 3 OF 3
. I
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--
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LEGEND
Ezl INDJCH TES SLOPE EASEMENT
INDKA TES TEMPORARY mj CONSTRUCTION EASEMENT
(( >> INLKA TES RECORD
COMPUINCE REC.
[C 33 INDICATES RECORD LM TA PER CERTlflcA TE OF COMPLL4NCE REC. 3/l l/97, 1997-O 106633 6RR’ 0 60 120 180 GEGAL DESC?U?WON
)ORT/ON OF FR4CTlONAL SEC. 22, TlZS, R4W. S&M. SCALE 1” = 60’ BASIS OF B-W:
THE @ISIS OF BEdRINGS FOR THIS MAP IS A PORTION OF
THE NORTHERLY LINE OF FRACTlOiUU SECTiON 22, T12.S. R4w. S&M., PER A#P NO. 13429, I.E. N 89’57’432
HUNSAKER & ASSOCIATES
SAN DISC4 INC
PUH(HC mv9- sr site zce
ENONERHC SnOiqqG9ZlZl WCINITY MAP SURVlXNG Pti@9)SSWOO - bXf6l9bSbUl4 001xE12.0wc NO SCALE sl-ErloF2
DEDlCATlON RAT - CITY Of CAULSBAD
\PPLICANT: PREPARED BY: PROJECT: A.P.N.:
CATELLUS RESIDENTIAL GRGW
IRVINE, CA 92714 SLOPE TEMPORARY
+ 7-l&~ J-J- p e ;gXW;;CnsEMOh’&s 215-070-15
SUITE 400
5 PARK PLAZA
(714) 251-6100 JOHN W. HILL, JR. LS. 5669
EXPIRES: g/30/99 PI?. 3.2099 EXHIBIT “B”
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------
S’L y LINE PARCEL ‘2 ” yR;a TE
Of COMPUANCE RECORDED 3’1 r/g7 ----
fb? NO. f997-0106633 0.R.
e
8 II ,
ij 4772 I 2 I
40 0 40 80 120
SCALE 1” = 40’
HLJNSAKER LEGEND
&a ASSOCIATES INDIm TES DRAINAGE GGEMENT
IAN DILGO. INC
PWWNIJ mHlmndcmSr~200 ma4mNc sanDk@%G~ SURF Fl46l9)55&4500 - F~76I9bSW414 SHEET2OF2 0013LEI2Dwc
DEDICATION PLAT - CITY OF CARLS&w
,PPLICANT: PREPARED BY: PROJECT: A.P.N.:
CATELLUS RESIDENTIAL GROUP SLOPE, ?EWORARY IRVINE. CA 92714 Y-3-78 CONSTRUC77ON AND 215-070-15
SU I TE 400
5 PARK PLAZA D#WMGE t;4sEMzNTs JOHN W. HILL. JR. LS. 5669 (714) 251-6100 EXPIRES: g/30/99 PR. 3.2.099 EXHIBIT “B”
-
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated bv 5. 1998
from Ronald L. Roesch
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. 98-289 I adopted
on September 1, 1998 , and the grantee consents to the
recordation thereof by its duly authorized officer.
1
DATED:
By:
. .
stant City Clerk
t