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HomeMy WebLinkAbout2001-11-20; City Council; 16440; Redeemer By The Sea Lutheran ChurchCITY OF CARLSBAD -AGENDA BILL I I I AB# &&-!~~ TITLE. APPROVE AND AUTHORIZE ACQUISITION OF -’ EASEMENTS FROM THE REDEEMER BY THE SEA MTG. 11/20/01 LUTHERAN CHURCH OF CARLSBAD FOR POINSETTIA LANE FROM BLACK RAIL ROAD TO JUST WEST OF nFDT FNr, AMBROSIA LANE, CITY PROJECT NO. 3673 RECOMMENDED ACTION: Adopt Resolution No. &II\ - 3 4 b to approve and authorize the acquisition of easements from the Redeemer by the Sea Lutheran Church of Carlsbad 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 Redeemer by the Sea Lutheran Church of Carlsbad owns the property along a portion of the south 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 three private property owners. This is the second of the three acquisitions needed to construct this segment of Poinsettia Lane. The roadway improvement plans for this segment of Poinsettia Lane are approximately 95% 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 $190,218. The Redeemer by the Sea Lutheran Church of Carlsbad 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 Redeemer by the Sea Lutheran Church of Carlsbad is $190,218. Sufficient Bridge and Thoroughfare District No. 2 (BTD#2) funds are available to purchase the subject easements. To generate sufficient BTD#2 funds for the construction phase of the project, the associated fee program will have to be revised. The process of revising the fee program will be completed as a separate action. Page 2 of Agenda Bill No. 1 b I L/ 40 EXHIBITS: 1. Location Map for Poinsettia Lane from Black Rail Road to Zone 19. 2. Grant deed for easement from the Redeemer by the Sea Lutheran Church of Carlsbad, APN: 2 15-080-22. 3. Resolution No. a/ *3qh to approve and authorize acquisition of easement from the Redeemer by the Sea Lutheran Church of Carlsbad for Poinsettia Lane. 2 CITY OF VISTA 9 BOUNDARY RECORDING REQUESTED BY AND WHEN RECORDED. PLEASE MAIL TO: City Clerk City of Carlsbad Carlsbad, California 92008 1200 Carlsbad Village Dr. ,. SM DIEGO COUNTY RECORDER'S OFFICE OFFICI# ECWS GKGW J. SMITH3 COWY REEMIRDER FEES: 0.m OC: K4 ,($ MAIL TAX STATEMENTS TO: I p EXEMPT Space above this line for Recorder's Use The undersigned grantor(s) declare(s): Assessofs Parcel No. 215-080-22 Documentary transfer tax is $o.oO Project No. & Name 3673 ( ) computed on full value of property conveyed, or Poinsettia Lane, Blackrail Road to Zone 19 ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad, and encunbiance; remainkg at iime of sale. - CORPORATION GRANT DEED OF EASEMENT FOR AVALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Redeemer by the Sea Lutheran Church of Carlsbad organized as a California non-profit religious corporation, hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: easements for SLOPE, PUBLIC STREET, DRAINAGE AND TEMPORARY CONSTRUCTION PURPOSES over, and made a part hereof. Exhibit "B consisting of two (2) pages is attached for clarity only. under, upon and across said real property as described in Exhibit "A consisting of three (3) pages, attached hereto In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and Secretary thereunto duly authorized. DATED: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO On &,h$?f &, I)(e)lr before me, qhU- m . (here insert name and title orbffi er), Rersonally appeared M&m+&fU flQ?m , of satisfactory evidence) to be the person(s) whose personally known to me (or proved to me on the basis name(s) @are subscribed to the within instrument and w. Aloiu u P&&& ed to me that t)f&@/they executed the authorized capacity(ies). and that on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Redeemer by the Sea Lutheran Church of Carlsbad, a California non-profit religious corporation (Name of Company) 0: I' Name: fiAf /?%=NE (Type or Print) By: Name: anlcr- Mazone (Type or Print) u. GOVERNMENT 'CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Commission Number: \ >T 10585 Date Commission Expires: w> 11, County Where Bond is Filed: t YI a-1 04 - Manufacturer or Vendor Number: hhw" (Located on both sides of the notary seal border) r) Signature: Firkdame (if applicable) Place of Execution: QM IchaA, (3rd . Date: 66, Ah'? .&?X . eo. Form XRlO (Rev. 71961 EXHIBIT “A” LEGAL DESCRIPTION A.P.N. 215-080-22 PROJECT NO. 3673 PARCEL 1 (DEDICATION PARCEL) THE NORTHERLY 51.00 FEET OF THAT LAND AS DESCRIBED IN DEED TO THERESA K. SPENCER, THOMAS J, SPENCER, AND JAMES J. KAISER RECORDED FEBRUARY 19, 1993 AS FILE NO. 1993-0105125 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, SAID LAND LYING WITHIN THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER 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 NORTHERLY 51 .OO FEET LYING WITHIN BLACK RAIL ROAD AS SHOWN AND DESCRIBED IN DEED RECORDED DECEMBER 26,1997 AS FILE NO. 1997-0658899 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. TOGETHER WITH THAT PORTION OF SAID SECTION 22, LYING BETWEEN THE SOUTHERLY SIDELINE OF THE HEREIN ABOVE DESCRIBED PARCEL 1, AND THE EASTERLY SIDELINE OF SAID BLACK RAIL ROAD AND THE ARC OF A 25.00 FOOT RADiUS CURVE CONCAVE SOUTHEASTERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST TWO MENTIONED LINES. PARCEL 2 (SLOPE EASEMENT) BEING A PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER 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 NORTHEAST CORNER OF THAT LAND AS DESCRIBED IN SAID DEED RECORDED FEBRUARY 19,1993 AS FILE NO. 1993-0105125 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE ALONG THE EASTERLY LINE THEREOF, SOUTH 01°24‘14 EAST, 51.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING PAGE 1 OF 3 :PV M:U322\001Vegal DesaiptionsM01 O1Al.doc WO 2322-1 5/29/01 ALONG SAID EASTERLY LINE, SOUTH 01°24'14 EAST, 38.95 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89O46'00" WEST, 332.72 FEET; THENCE NORTH 83'3000" WEST, 618.71 FEET; THENCE SOUTH 35°03'00" WEST, 40.97 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID BLACK RAIL ROAD; THENCE ALONG SAID EASTERLY LINE, NORTH 02'02'03" WEST, 19.34 FEET TO A POINT ON THE SOUTHERLY LINE OF THE HEREINABOVE DESCRIBED PARCEL 1. SAID POINT BEING THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 94'32'36 A DISTANCE OF 41.25 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 87'29'27" EAST, 945.54 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT) BEING A PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER 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 SOUTHERLY SIDELINE BEING PARALLEL WITH AND 10.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF THE HEREIN DESCRIBED PARCEL 2. PAGE 2 OF 3 :PV M:\2322\001\Legal DesmptionsMOl O1Al.doc WO 2322-1 5/29/01 THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE EASTERLY IN THE EASTERLY LINE OF SAID LAND DESCRIBED IN DEED RECORDED FEBRUARY 19,1993 AS FILE NO. 1993-0105125 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, AND WESTERLY IN THE EASTERLY LINE OF SAID BLACK RAIL ROAD. - 5 "a/ 0 DANA MICHAEL SEGUIN L.S. 6215 HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 3 OF 3 :PV MU322\WI\Legal DesuiptionsbIOl 01Al.doc WO 2322-1 5/29/01 CITY OF CARLSBAD TRACT 83-08 MAP NO. -J3678 OCEAN BLUFF A.P.N. 216-050-01 1997-0106632 POI "It "" SECTION 22 1 I I I I I SEM I I I I BASIS OF BEARLNGS: THE BASIS OF BEARINGS FOR THIS DRAWING IS A PORTION OF THE NORTHERLY LINE OF FRACTIONAL SCTIbN 22, T12S. R4W. S.B.M., PER MAP NO. 13429, i.e. N 8957'43% "---"-J NOTE: NO SCALE &ASSOCIATES IAN OltCO. INC PUNNING XT9 Hmkau St. syte 2w ENUNEERING lan Ikga 0 92121 DATA SHOWN HEREON IS BASED ON THE 584. 4772, 4773, 5715, 6269, 10774, FOLLOWING RECORD OF SURVEY MAPS: 12096. 13762 AN0 14630. RECORD OF SURVEY MAP NO. 14608 SHOWS ALTERMTE LOCATIONS FOR PROPERTY LINES SHOWN HEREON AS TO THE LOCATION OF PROPERTY OR OWNERSHIP LINES. LEGAL DESCRlPTION PORTION OF THE N 1/2, OF THE SW 1/4 OF THE SE 1/4 OF SEC. 22, 112s.. R4W.. S.B.M.. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. SURMnNG R1l619lSSMYM~ FX(bBlS5&1(u R\oms\wwuoIM SHEETlOF 2 DEDlCATlON PLAT - CITY OF MLSW 'WW PROJECT: A.P.N.: :In OF CARLSBAD -m 2075 us PAUUS OA I M s;.3=* SLaK & rmpwpARy 2 15-O80-22 JRSBbD. CA 92009-1576 CONsmmm~ :7W) 438-1161 DANA M. SEWN LS. 6215 EXPIRES: 3/31/02 H7WECT No. 3673 EXHIBIT "B" BLACK RAIL ROAD PORTION OF BUCK RAIL ROAD @ DEDICATED PER DEED RECORDED 12-26-1997, AS FILE NO, 1997-0656902 OF OFFICIAL LEGEh?D: INDICATES STREET DEDICATION I. 143 mi INDICATES SLOPE EASEMENT DEDICATION INDIGXTES TEMPORARY CONSTRUCTION SCALE 1" = 100' IAN DIECO, INC PUNNING Wl79 &dm St She 200 ENUNEERINC lan orgo. 0 92121 SURVEYING pHl619)SS84~~ fXl6T3lSS&MM R\mos\~.lmG DEDlCA77ON PLAT - CIP/ OF CARISR~D APWCAM: AP.N.: PREPARED By: PROJECT: CITY a CARSEM - UNC 2075 LAS PW ORlM cAF(LsBAD. CA 92009-1576 (760) 4351161 2 15-080-22 u DANA M. SEGUIN L.S. i215 EXPIRES: 3/31/02 PRWECT NO. 3673 EXHIBIT "By' "ENT CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED dated October 6.2001, fiom Redeemer bv the Sea Lutheran Church of Carlsbad 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: January 18, 2002 1 RESOLUTION NO. 2o01-346 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHO.RlZE ACQUISITION OF EASEMENTS FROM THE REDEEMER BY 4 THE SEA LUTHERAN CHURCH OF CARLSBAD FOR POINSETTIA LANE, CITY PROJECT NO. 3673. 5 WHEREAS, the City of Carlsbad has designed Poinsettia Lane to extend from Black Rail 6 Road to just west of Ambrosia Lane; and 7 WHEREAS, the roadway for the above described segment of Poinsettia Lane is located 6 across private property owned by the Redeemer by the Sea Lutheran Church of Carlsbad, 9 therefore, permanent roadway, drainage and slope easements and a temporary construction 10 easement are required to construct, operate and maintain the roadway; and 11 12 WHEREAS, the City has prepared the required grant deed, legal description and plat for the easements and offered the Redeemer by the Sea Lutheran Church of Carlsbad the total sum 13 of $190,218 for the easements, and trustees of the Redeemer by the Sea Lutheran Church of 14 Carlsbad have agreed to the City’s offered amount for acquisition of the easements; and 15 16 WHEREAS, there are sufficient funds available to obtain the easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 17 California, as follows: 18 1. That the above recitations are true and correct. 19 2. 20 That the attached grant deed be approved and accepted and the City Clerk is 21 directed to attach her certificate of acceptance and cause the deed to be recorded in the office of the 22 Ill 23 Ill 24 Ill 25 County Recorder. 1 2 3 4 5 6 7 8 9 10 11 12 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That payment in the total amount of $190,218 be authorited and paid to the Redeemer by the Sea Lutheran Church of Carlsbad 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 4th day of DECEMBER I 2001 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Hall NOES: None ATTEST: