HomeMy WebLinkAbout2001-11-06; City Council; 16416; Acquisition Of Easements Poinsettia Lanem# 1614 1 la
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CITY OF CARLSBAD -AGENDA BILL d
TITLE: APPROVE AND AUTHORIZE ACQUISITION OF DEPT. HD.
EASEMENTS FROM THE ARIE DE JONG JR. FAMILY TRUST
FOR POINSETTIA LANE FROM BLACK RAIL ROAD TO CITY ATTY. JUST WEST OF AMBROSIA LANE
CITY PROJECT NO. 3673
RECOMMENDED ACTION:
Adopt Resolution No. Jm\ - 33& o approve and authorize the acquisition of easements from the Arie de Jong Jr. Family Trust, for Poinsettia Lane from Black Rail Road to just west of Ambrosia Lane, City Project No. 3673.
ITEM EXPLANATION:
The segment of the proposed Poinsettia Lane extending from Black Rail Road easterly towards
Ambrosia Lane crosses three private properties. To enable construction of this segment of
Poinsettia Lane, the property owners must dedicate easements to the City of Carlsbad. The Arie de
Jong Jr. Family Trust owns the property along the north side of the proposed roadway centerline.
Prior to constructing the roadway the City must acquire permanent roadway, drainage and slope easements as well as a temporary construction easement from the Arie de Jong Jr. Family Trust.
The roadway improvement plans for this segment of Poinsettia Lane are 90% complete. The proposed improvements include grading for the full width improvements, median curbs, eighteen feet of paved roadway surface in each direction, storm drain, sewer, water and recycled water systems. The easement descriptions and configurations have been generated in conjunction with the development of the roadway improvement plans.
Subsequent to defining the required easements, property appraisals were conducted to evaluate the fair market value of the required easements. The City made an offer to acquire the easements for a total amount of $230,588. The Arie de Jong Jr. Family Trust has agreed to the amount and they have signed the grant deed for the easements.
ENVIRONMENTAL REVIEW:
The potential impacts of the construction of this portion of Poinsettia Lane have been reviewed consistent with the California Environmental Quality Act which resulted in the certification on the Environmental Impact Report for the Zone 20 Specific Plan (EIR 90-03). In addition, the Mitigated Negative Declaration for the De Jong residential project (CT 98-05) issued on November 30, 1998, supported the findings of EIR 90-03.
The Planning Director determined that the environmental effects of this project have already been considered in conjunction with the previously mentioned environmental documents and, therefore, no additional environmental review is required. A public Notice of Prior Environmental Compliance was published on January 6, 1999, and a Notice of Determination was filed immediately thereafter.
FISCAL IMPACT:
The cost of the easements from the Arie de Jong Jr. Family Trust is $230,588. Sufficient Bridge and Thoroughfare District No. 2 (BTD#2) funds are currently available in the project account to purchase the subject easements.
To generate sufficient BTD#2 funds for the construction phase of the project the associated fee program will have to be revised. The process of revising the fee program will be completed as a separate action.
EXHIBITS:
1.
::
Location Map for Poinsettia Lane from Black Rail Road to Zone 19. Grant deed for easement from Arie de Jong Jr. Family Trust, APN: 215-080-01. Resolution No. a00 I - 332 to approve and authorize acquisition of easement from the Arie de Jong Jr. Family Trust for Poinsettia Lane.
PROJECT NAME POINSETTIA LANE EXHIBIT
BLACK RAIL ROAD TO ZONE 19 BOUNDARY I A,,,, “” cm, c,,,,.,* -*n /,., In *Ir>L/,.,l.In -rIlr I” I^ I”^ - ,-.-..fi- “-^” 3
RECORDING REQUESTED BY:
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad. CA 92008
MAIL TAX EXEMPT STATEMENTS TO:
FXFMPT - SPACE ABOVE THIS LINE FOR RECORDERS USE
The undersigned grantor(s) declare(s): Assessor's Parcel No.: 215-080-01
Doomentary transfer tax is $0.00 Prcject No. 8 Name 3673
( ) computed on fdl vaiue of property conveyed, ar PonseVia Lane, "_ Rlark?;lil Road tc Zone "
( ) computea on full value less value of liens and
( ) Unincorporated area: (x) City of Carlsbad. and
-. 19
encumbrances remaining at time of sale. "
GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Arie de Jong Jr. and Anna P. de Jong. Trustees of the Arie de Jong Jr. Family Trust
hereby GRANTS to
City of Carlsbad. a Municipal Corporation
the following described real property in the City of Carlsbad. County of San Diego, State of
an easement for SLOPE, TEMPORARY CONSTRUCTION, PUBLIC STREET AND DRAINAGE
California:
consisting cf four (4) pages, attached hereto and made a part hereof. Exhibit "B consisting of
PURPOSES over, under, upon and across said real property as described in Exhibit "A"
three (3) pages is attached for clarity only.
DATED 9/28/01
STATE OF CALIFORNIA )
COUNTY OF SAN DIEG3 )
i
rust
On
(here insert name and title of the officer),
personally appeared hrtt dd@nCJ 440, P. d",l"J Title:
personally known to me (pf
sat0 be the person(s) whose name(s)
&/@subscribed to the within instrument and acknowledged By: -Lh F bL IC Kq
to me that hefsh'e@xecuted the same in hi&mr/m ""X
authorized capacity(ies). and that by hisftrrltmgnaturejs) on the instrument the person@), or the entity upon behalf N~~~: Anna P. de Jong, Trustee
of wtlich the person@) acted, executed the Instrument. (Type or Print)
- 26-0 1. before me. Name: Arie de Jong, Trustee "\m' I .ova +o (Type or Print)
(Type or Print)
pgiiztGp--"
WITNESS my hqnd and official seal..
Signature: Grw Title:
(Type or Print)
a- d
EXHIBIT "A"
LEGAL DESCRIPTION
A.P.N. 215-080-01
PROJECT NO. 3673
PARCEL 1 (POINSEUIA LANE)
THE SOUTHERLY 51.00 FEET OF PARCEL "C" OF CERTIFICATE OF COMPLIANCE
RECORDED MARCH 3,1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID
LAND BEING A PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, EXCEPTING THEREFROM THAT PORTION OF SAID
SOUTHERLY 51.00 FEET LYING WITHIN BLACK RAIL ROAD AS SHOWN AND DESCRIBED
IN DEED RECORDED DECEMBER 26,1997 AS FILE NO. 1997-0658902 OF OFFICIAL
RECORDS OF SAID SAN DIEGO COUNTY.
TOGETHER WITH THAT PORTION OF SAID PARCEL "C" LYING BETWEEN THE
NORTHERLY SIDELINE OF THE HEREIN DESCRIBED PARCEL 1, AND THE EASTERLY
SIDELINE OF SAID BLACK RAIL ROAD AND THE ARC OF A 25.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST
TWO MENTIONED LINES.
PARCEL 2 (DRAINAGE EASEMENT)
THAT PORTION OF PARCEL "C" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH
3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION
OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A 30.00 FOOT WIDE STRIP OF LAND LYING 15.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL "C" OF CERTIFICATE OF
COMPLIANCE RECORDED MARCH 3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL
RECORDS; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH 01°21'12" WEST,
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PAGE 1 OF 4
51.12 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE HEREINABOVE
DESCRIBED PARCEL 1; THENCE ALONG SAID NORTHERLY LINE, NORTH 87O2927”
WEST, 465.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
NORTHERLY LINE NORTH 66O43’56” WEST, 188.96 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID 30.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE SOUTHEASTERLY IN THE NORTHERLY LINE OF THE
HEREINABOVE DESCRIBED PARCEL 1.
PARCEL 3 (DRAINAGE EASEMENT)
THAT PORTION OF PARCEL ”C OF CERTIFICATE OF COMPLIANCE RECORDED MARCH
3, 1997, DOC. NO, 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION
OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL “C” OF CERTIFICATE OF
COMPLIANCE RECORDED MARCH 3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL
RECORDS; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH 0lo21’12 WEST,
51.12 FEET TO A POINT ON THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED
PARCEL 1; THENCE ALONG SAID NORTHERLY LINE, NORTH 87O2927” WEST, 158.93
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE,
NORTH 13O14’26 EAST, 101.51 FEET TO A POINT HERINAFTER REFERRED TO AS
POINT “A”, SAID POINT ALSO BEING THE POINT OF TERMINUS.
THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN SAID NORTHERLY LINE OF
THE HEREINABOVE DESCRIBED PARCEL 1.
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PAGE 2 OF 4
PARCEL 4 (DRAINAGE EASEMENT)
THAT PORTION OF PARCEL ”C” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH
3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION
OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A 30.00 FOOT WIDE STRIP OF LAND LYING 15.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE HEREINABOVE DESCRIBED POINT “A”; THENCE NORTH
13’14’26“ EAST, 30.00 FEET TO THE POINT OF TERMINUS.
PARCEL 5 (SLOPE EASEMENT)
THAT PORTION OF PARCEL “C” OF CERTIFICATE OF COMPLIANCE RECORDED MARCH
3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION
OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL “C” OF CERTIFICATE OF
COMPLIANCE RECORDED MARCH 3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL
RECORDS; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH OIo21’12” WEST,
51.12 FEET TO A POINT ON THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED
PARCEL 1 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY
LINE THE FOLLOWING; NORTH 87O29’27” WEST, 1285.10 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE
NORTHWESTERLY ALONG SAID NORTHERLY LINE AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 85’27’24”, A DISTANCE OF 37.29 FEET TO A POINT
ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID BLACK RAIL ROAD; THENCE ALONG
SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 02°02’03” WEST, 36.04 FEET; THENCE
LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, SOUTH 89’19’00” EAST, 603.19 FEET;
THENCE NORTH 85O58’00” EAST, 206.98 FEET; THENCE NORTH 14’45’00” EAST, 94.12
PAGE 3 OF 4
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FEET; THENCE SOUTH 65O53'00" EAST, 172.45 FEET; THENCE SOUTH 86O5200" EAST,
189.30 FEET; THENCE SOUTH 45'46'00 EAST, 179.84 FEET TO A POINT ON THE
EASTERLY LINE OF SAID PARCEL "C"; THENCE ALONG SAID EASTERLY LINE, SOUTH
01°21'12 EAST, 8.49 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 6 (TEMPORARY CONSTRUCTION EASEMENT)
THAT PORTION OF PARCEL "C" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH
3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION
OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A 10 FOOT WIDE STRIP OF LAND, THE NORTHERLY SIDELINE BEING PARALLEL
WITH AND 10.00 FEET NORTHERLY OF THE NORTHERLY LINE OF THE HEREINABOVE
DESCRIBED PARCEL 5.
THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE EASTERLY IN THE EASTERY LINE OF SAID PARCEL
"C" AND WESTERLY IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID BLACK RAIL
ROAD.
DANA MICHAEL SEGUIN L.S. 6215
HUNSAKER &ASSOCIATES SAN DIEGO, INC.
PAGE 4 OF 4
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"""""
SECTION 2%
""
BASIS OF BEARlNG.9:
THE BASIS OF BEARINGS FOR THIS ""
DRAWING IS A PORTION OF THE ~
SCTION 22, T12S' R4W, S.6.M.. PER NORTHERLY LINE OF FRACTIONAL
MAP NO. 13429. i.e. N 893723mE.
VICINITY MA P '
DATA SHOWN HEREON IS EASED ON THE
FOLLOWING RECORD OF SURVEY MAPS: 584, 4772, 4773. 5715, 6269, 10774,
12096, 13762 AN0 14630. RECORD OF SURVEY MAP NO. 14608 SHOWS
ALTERNATE LOCATIONS FOR PROPERTY
LINES SHOWN HEREON AS TO THE LOCATION OF PROPERTY OR OWNERSHIP LINES.
LEGAL DESCRlpTION
PARCEL "C" OF CERTIFICATE OF
COMPLIANCE RECORDED MARCH 11, 1997.
DOC. NO. 1997-0106632 OF OFFICIAL
RECORDS, SAID PARCEL "C" LYING WITHIN SEC. 22, T. 12s.. R4W.. S.B.M.. IN THE
~ ~~
CITY OF CARLSBAO, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA.
SHEET 1 OF 3
& ASSOCIATES
i*N DIICO. INC
PMNNING Wl79 Huemekens SL SUte 200
ENGINEERING Sari Diego, Ca 92121
SURMYING PH1619)55&45W. FXx(619)558.1414
:ITY a= CmLSBAo
to75 LAS PKMAS OR I VE
"SEAD, CA 92009-1576
:760) 436-1161
LANE. SLOPE 2 15-080-0 1
EXPIRES 3/31/02 PROJECT NO. 3673 EXHIBIT "B"
ACRES
INDICATES STREET DEDIGITION 1.534
INDICATES DRAINAGE EASEMENT
DEDIGITION m] INDICATES SLOPE EASEMENT DEDICATION
INDIGITES TEMPORARY CONSTRUCTION EASEMENT DEDICATION
N
0 100 200 300 I
iNCINBRING ian Diego, Ca 91121
PMNNING MIP) nuendm st kte zoo
SURVEYING PHl619~SS&45OO~ ~xlb19lss~1414 SCALE 1" = 100'
R\awM\mOslm2an: SHEET 2 OF 3
DEDlC4TION PLAT - CI7Y OF cARLs&I\D
'PUM PREPARED BY: I PROJECT: I A.P.N.:
:ITY OF CAaSEAD
:075 US PW LXlM ~~SBAD. CA 92009-1576
760) 438-1161 EXPIRES 3/31/02 PROJECT NO. 3673 EXHIBIT "B "
mm ME. SLe mN&€.&m- 2 15-080-0 1
100 0 100 200 300
SCALE 1" = 100' ENCINERING Sa" them. Ca 92121
PLWNING lolly Huennekem St s~fe zm
SHEET 3 OF 3
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SURVEYING PHL19155b4lW. FXl619155&1411 F2\wos\mrslcaxom;
DEDICATION PLAT - CIW OF CARLSMD
'PUCAM: PREPARED BY: I PROJECT: I A.P.N.:
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:075 US PALMS DRIVE MXsBAD. CA 92009-1576 DM M. SEGUIN 9. 6215
760) 438-1161 EXPIRES 3/31/02 EXHIBIT "B" PROJECT NO. 3673
mm ME %;LOPE. DRUM& lEuM (xvs7mKm ClSEivDM
2 15-080-01
CERTIFICATION FOR ACCEFTANCE OF DEED
This is to certify that the interest in real property conveyed by the GRANT DEED OF
EASEMENT dated Seuternber 28.2001, from Arie de Jone Jr. and Anna P de Jong. Trustees of
the Ane de Jong Jr. Family Trust, to the City of Carlsbad, California, a municipal corporation, is
hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance
No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof
by its duly authorized officer.
DATED: November 9.2001
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RESOLUTION NO. 2o01-332
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE
ACQUISITION OF EASEMENTS FROM THE ARIE DE JONG JR.
FAMILY TRUST FOR POINSETTIA LANE, CITY PROJECT NO. 3673.
WHEREAS, the City of Carlsbad has designed Poinsettia Lane to extend from Black Rail
?oad to just west of Ambrosia Lane; and
WHEREAS, the roadway for the above described segment of Poinsettia Lane is located
across private property owned by the Arie de Jong Jr. Family Trust, therefore, permanent
*oadway, drainage and slope easements and a temporary construction easement are required to
:onstruct, operate and maintain the roadway; and
WHEREAS, the City has prepared the required grant deed, legal description and plat for
he easements and offered the Arie de Jong Jr. Family Trust the total sum of $230,588 for the
?asements, and trustees of the Arie de Jong Jr. Family Trust have agreed to the City’s offered
amount for acquisition of the easements; and
WHEREAS, there are sufficient funds available to obtain the easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
zalifornia, as follows:
1. That the above recitations are true and correct.
2. That the attached grant deed be approved and accepted and the City Clerk is
lirected to attach her certificate of acceptance and cause the deed to be recorded in the office of
he County Recorder.
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3. That payment in the total amount of $230,588 be authorized and paid to the
Arie de Jong Jr. Family Trust from the project account after recordation of the easements with the
County Recorder’s Office.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 6th day of NOVEMBER , 2001 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
ATTESl:
KAREN R. KUNDTZ, Assistant City Clerk
Page 2 of Resolution No. 2001-332
(SEAL)