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
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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:
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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
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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
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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
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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..
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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.
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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”
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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
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III
Ill
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Ill
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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