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HomeMy WebLinkAbout2001-09-18; City Council; 16330; Quitclaim Deed Poinsettia Ln & Black Rail RdCITY OF CARLSBAD -AGENDA BILL AB# 16 I 330 TITLE- APPROVAL OF A QUITCLAIM DEED OF -EASEMENT 0N PROPERTY AT THE SOUTHWEST MTG. 9/l l/O1 CORNER OF POINSETTIA LANE AND BLACK RAIL ROAD * APN 215-070-33 I RECOMMENDED ACTION: Adopt Resolution No. %c)\ - aa approving a quitclaim deed for the slope and temporary construction easement across a portion of the Gallagher/Cameron property at the southwest corner of Poinsettia Lane and Black Rail Road. I ITEM EXPLANATION: On May 19, 1998, the Council adopted Resolution No. 98-151 authorizing and directing the condemnation of property for the construction of Poinsettia Lane from Aviara Parkway to Black Rail Road. Specifically, the City obtained the necessary public property for the construction of Poinsettia Lane, slope easements on each side of the roadway, and temporary construction easements. Pursuant to the court order pertaining to City of Carlsbad v. Gallagher (SEC Case No. N78253-1) regarding the acquisition of right-of-way for the Poinsettia Lane extension, the City is required to quitclaim the slope and temporary construction easements to the property owner. FISCAL IMPACT: None. EXHIBITS: 1. Location Map. 2. Quitclaim Deed. 3. Resolution No. am I* aw _ approving a quitclaim deed for the slope and temporary construction easement across a. portion of the Gallagher/Cameron property at the southwest corner of Poinsettia Lane and Black Rail Road. CITY OF ENCINITAS PROJECT NAME GALLAGHER/CAMERON QUITCLAIM OF EASEMENTS \Wv’ BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. &?,‘24/‘01 C: \PRESENTAllONS\HAUSER\GALLAGHER-CAMERONBWG PROJECT EXHIBIT NUMBER PR3.2.107 7 2 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Norman G. Gallagher & Debra L. Family Trust 1252 Palma Vista Court Escondido, CA 92025 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 Assessor’s Parcel No. 215-070-33 Project No. 4% Name: PR 3.2.101 ( ) Unincorporated area: (x) City of Carlsbad, and CORPORATION QUITCLAIM DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, a Municipal Corporation or anized under the laws of the State of California does hereby REMISE, RELEASE, AND FdREVER quitclaim to: THE NORMAN G. GALLAGHER AND DEBRA L. GALLAGHER FAMILY TRUST DATED 4/24/81, as to an undivided 50% interest and LAIRD CAMERON AND CATHERINE ANN CAMERON, husband and wife as joint tenants, as to an undivided 50% interest. the following described real California: an easement for t p1 roperty in the City of Carlsbad, County of San Diego, State of e constructjon and maintenance-of slopes and incidents thereto, and an easement for temporary constructIon purposes.a?d Incidents thereto, upon and across that certam real property described In Exhibit “A’ conslstmg of five (5 and made a part hereof. Exhibit “B” consisting of two (2) pages is attac il 7 pa es, attached hereto ed or clarity only. DATED 9 - 20-0 i ,? Wwd\Maslers\Forms\Corp Quilclaim Oeed of Easerned Cily 60100 (SEAL) State of California County of 1 ss. On%F&%!9& ao! ml, before me, *J-&&$$& /n/p- & Date Name and Title of Offcer~ cL.&.ude/ & t?lf+zim g AJane hoe. Notary Pubit personally appeared Name(s) of Signer(s) W personally known to me Cl proved to me on the basis of satisfactory evidence .iANKZE BREITENFED t lGz$EzG g --wcourly WCanmW=hAaylSpD1 to be the person(s)- whose name@+ is& subscribed to the within instrument and acknowledged to me that he/+uf#q executed the same in his/he&rei+ authorized capacity@& and that by hisA+etGeir signature@) on the instrument the person(s), or the entity upon behalf of which the person(sj acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Though fhe information below is nof required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form fo another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: 19 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: C Individual E Corporate Officer - Title(s): CY Partner - 0 Limited EI General 0 Attorney in Fact C Trustee 0 Guardian or Conservator U Other: Signer Is Representing: Too of thumb here D 1999 National Notary Asso~tamn - 9350 De Solo Ave.. PO Box 2402 - Chatsworth. CA 91313-2402 - www nationalnotaryorg Prod NO 5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT “A” LEGAL DESCRIPTION GALLAGHER FAMILY TRUST AND CAMERON PR. 3.2.101 (SLOPE & TEMPORARY CONSTRUCTION EASEMENTS) THOSE PORTIONS OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN AS CONVEYED TO GALLAGHER FAMILY TRUST AND CAMERON PER DEED RECORDED JANUARY 8, 1998 AS DOCUMENT NO. 1998-0009994 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 17, 1915, 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 CI-IY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER 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 COUNN 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 :DA M:\Legals\l953 Ocean BluM004A13.doc WQ i 9534 2/27/9a PAGE 1 OF 5 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 72047’00” 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 41040’52” EAST, 51 i.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”, SAlD.POlNT BEING OCCUPIED BY A % 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. PAGE 2 OF 5 :DA M:\Legals\1953 Ocean Blum004AlJ.doc WO 1953-4 2/2?/90 TOGETHER WITH THAT PORTION OF SAID SECTION 22, LYING BETWEEN THE SOUTHERLY SIDELINE OF THE HEREINABOVE DESCRIBED PARCEL 1, AND THE WESTERLY SIDELINE OF SAID BLACK RAIL ROAD AND THE ARC OF A 25.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST TWO MENTIONED LINES. PARCEL 2 (SLOPE EASEMENT) BEGINNING AT THE NORTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG THE WESTERLY LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22, SOUTH 02212’02” EAST, 47.44 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL I, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1451.00 FEET, A RADIAL LfNE TO SAID POINT BEARS NORTH 18”44’13” WEST; THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05’58’22” A DISTANCE OF 151.26 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF PARCEL “B” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 11, 1997, FILE NO. 1997- 0106631 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG SAID SOUTHERLY LINE, NORTH 87”31’42” WEST (RECORD = NORTH 86”57’48” WEST), 147.47 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND MORE OR LESS. CONTAINS 0.076 ACRE PARCEL 3 (SLOPE EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST PAGE 3 OF 5 :DA M:\Legals\1953 Ocean Bluffi004A13.doc WO 1953-4 2/27/98 QUARTER OF SAID FRACTIONAL SECTION 22; THENCE ALONG THE WESTERLY LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22, SOUTH 02”12’02” EAST, 154.19 FEET TO THE TRUE POINT OF BEGINNING SAID POINT BEING AN INTERSECTION WITH THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1, SAID POINT ALSO 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 20”01’40” WEST; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID SOUTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22”29’58” A DISTANCE OF 529.74 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 87”31’42” EAST, 85.24 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWE%TERLY HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG SAID SOUTHERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85”29’39” A DISTANCE OF 37.30 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY 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; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, SOUTH 02”02’03” EAST, 3.29 FEET; THENCE LEAVING SAID WESTERLY RIGHT- OF-WAY LINE, NORTH 87”32’40” WEST, 192.24 FEET; THENCE SOUTH 80”50’01” WEST, 338.71 FEET; THENCE SOUTH 72’58’16” WEST, 106.51 FEET TO A POINT ON THE WESTERLY LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID WESTERLY LINE, NORTH 02”12’02” WEST, 27.67 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.440 ACRE MORE OR LESS.. :DA MILegals\ Ocean BluM004A13.doc wo 1953-4 2/27t9a PAGE 4 OF 5 PARCEL 4 (TEMPORARY CONSTRUCTION EASEMENT) BEING A 20.00 FOOT WIDE STRIP OF LAND, THE SOUTHERLY LINE BEING PARALLEL WITH AND 20.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 3. THE SOUTHERLY SIDELINE OF SAID 20.00 FOOT WIDE STRIP OF IAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY IN THE WESTERLY LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22 AND EASTERLY IN THE WESTERLY RIGHT-OF-WAY LINE OF SAID BLACK RAIL ROAD. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.293 ACRE MORE OR LESS. -F--~% 3- 3- 5: JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. :DA M:\Legals\l953 Ocean BluffI004A13.doc wo 19534 2t27f9a PAGE 5 OF 5 -- -- --- FRA CTJoNAL \ ROS -14630 -L.S 5894” PER R OF S 13348. INDIUTES 314 - IRON PIPE MRKED “RCE 8210 PER R OF S 12096 lNDIo\TES RECURD DATA PER R OF S 13348 [ 1 INDICATES RECORD DATA PER R OF S 4773 (( )> INDICATES RECORD DATA PER CERllFlG4TE OF COMPLIANCE REC. 3/l l/97, 1997-O 10663 1 0. R. NO SCALE LEGAL DESCRTPTION PORTION OF FR~CTIO~!JIL SEC. 22. T12.S. R4 W, S.&M. THE BASIS OF BEARINGS FOR THIS MAP IS A PORTION OF THE NORTHERLY LINE OF FR4CTIONAL SECTION 22, T12S, I7AMwc WGY-SLSlitca-m R4w, S.B.M., PER MAP NO. 13429, I.E. N 89’57’43% LNuNmwt Lnoicgsca92m SURVMNC FW(679!5SIHSO!l~ FX76l9)SSt+Ul4 ODIXCI IDWC SHEET 1 OF 2 DEDiCATiON PfAT - C/N OF CARLSBAD 4PPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RES I DENT I AL GROUP SLOPE & TEMPORARY IRVINE. CA 92714 p Ye /- pe CONSTRUC77ON 215-070-10 SUITE 400 y(-& 5 PARK PLAZA JOHN W. MU. JR. LS. 5669 USEMEMS (714) 251-6100 EXPIRES: g/30/99 PR. 3.2.707 EXHIBIT “B” 61 QF 5 jzog5 S’Ly LINIT PARCEL 8’ CER7Ha~ OF CoMpL&,,CE REmam 3/11/-7, F.‘LE NO. 1997-0106631 0-R. GWERON ------, -1---------- LEGEND INDICATES SLOPE EASEMENT Ih’DlC4 TES TEMPORARY 100 0 100 CONSTRUCTION EASEMENT NOTE SCALE 1” = 100’ HUNSAKER DATA SHOWN HEREON IS BASED ON THE FOLLOWING RECORD OF SURVEY MAPS: 584, 4772, 4773, 5715, & ASSOCIATES 6269, 10774, 12096, 73762 AND 14630. RECORD OF SAW DISCO, INC SURVEY MAP NO. 14608 SHOWS ALTERNATE LOCATIONS PINNING wwHanclraakSriazoo FOR PROPERN LINES SHOWN HEREON. NO B4ONEERJNC Sm~G9ZQI REPRESENTATION tS MADE HEREON AS TO THE LOCAlION SURV’EYlNC R46l9bSb-4soO~ FXtb?3kJH-4l+ OF PROPERTY OR OWNERSHiP LINES. DDl3LGl2.Mvc sHEET2oF 2 DEDlCATlON PlAT - CITY OF CARLSBAD LPPLICANT: PREPARED BY: PROJECT: A.P.N.: CATELLUS RES I DENT I AL GROUP SLUF’E & TEMPOMY IRVINE, CA 92714 9 & 3 _ 3 - 9e CONS77XJCTIoN 215-070-10 SUITE 400 IA 5 PARK PLAZA JOHN W. HILL, JR. L.S. 5669 DSEMENTS (714) 251-6100 EXPIRES: g/30/99 PR. 3.2. IO 1 EXHIBIT “B” 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM DEED FOR THE SLOPE AND TEMPORARY CONSTRUCTION EASEMENT ACROSS A PORTION OF THE GALLAGHER/CAMERON PROPERTY AT THE SOUTHWEST CORNER OF POINSETTIA LANE AND BLACK RAIL ROAD. WHEREAS, the Gallagher Family Trust and Laird Cameron and Catherine Ann Cameron have requested the quitclaim of slope and temporary construction easements over a portion of their property located at the southwest corner of the intersection of Poinsettia Lane and Black Rail Road; and WHEREAS, pursuant to the court order pertaining to City of Carlsbad v. Gallagher (SDSC Case No. N78253-1) regarding the acquisition of right-of-way for the Poinsettia Lane extension, the City is required to quitclaim the slope and temporary construction easements to the property owner (APN 215-070-33); and WHEREAS, the quitclaim deed for slope and temporary construction easements attached and incorporated by reference, provides a legal description and plat that accurately describes the easements to be quitclaimed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. Iif Ill Ill IJI III Ill Ill Ill 1 5 6 7 8 9 10 11 12 13 14 ATTEST: ,’ 18 19 20 21 22 23 24 25 26 27 28 2. That the quitclaim deed conveying slope and temporary construction easements over a portion of APN 215-070-33 to Norman G. Gallagher and Debra L. Gallagher Family Trust, and Laird Cameron and Catherine Anne Cameron, husband and wife as joint tenants, which is on file with the City Clerk and incorporated by this reference, is approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 18th day of September , 2001 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, and Hall. (SEAL) September 25, 2001 Norman G. Gallagher & Debra L. Family Trust 1252 Palma Vista Court Escondido CA 92025 The Carlsbad City Council has adopted Resolution No 2001-280 approving a quitclaim deed for the slope and temporary construction easement across a portion of the Gallagher/Cameron property at the southwest corner of Poinsettia Lane and Black Rail Road. The original quitclaim deed has been executed by the City and is enclosed. At this time the document is ready to be recorded by the County Recorder’s office. If you require assistance in filing this document please call the Recorder’s office directly at 760-940-6866. Sincerely, Debra Doerfler Senior Office Specialist Office of the City Clerk 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 a3