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: