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HomeMy WebLinkAbout1967-11-21; City Council; Resolution 1458G 3 4 8 9 10 41 2.2 313 34 17 18 19 20 23, 22 23 24 25 26 27 28 29 30 31 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD REGARDING TRANSACTIONS WITH STATE DIVISION OF HIGHWAYS INVOLVIN resolve as follows: 1, authorized and directed to execute on behalf of the City of Carlsbad that certain GRANT DEED, a copy of That the Mayor of the City of Carlsbad is hereby which is attached hereto, marked Exhibit 1, and by this reference incorporated herein, conveying to the State of California real property described therein. 2, the City of Carlsbad is hereby authorized and directed to execute on behalf of the City of Carlsbad tha certain RIGHT OF WAY CONTRACT - STATE HIGHWAY, a copy of which is hed hereto, marked Exhibit 2, and by this reference incorporated herein, regarding the real property described in paragraph 1 above. 3. That the Mayor of he City of Carlsbad is hereby authorized and directed to execute on behalf of the City of Carlsbad that certain EiR DEED, a copy of which is attached hereto, marked Exhibit 3, and by this referen incorporated herein, conveying to the State of Cal rnia real property described therein. 4, That the Mayor of the City of Carlsbad is hereby That the Mayor o orized and directed to execute on behalf of the City of Carlsbad that certain RIGHT OF WAY CONTRACT - STATE HIGHWAY which is attached hereto, this reference incorporated rein, regarding the real property described in aph 3 above. -1- I II 2 3 4 5 6 91 30 1 5, that certain RXGHT OF WAY CONTRACT - STATE HIGHWAY, a copy of which is attached to Carlshad Resolution No, 1440, shall be amended b thereto of paragraph 8 which shall read as follows: That the City of Carlsbad agrees tha "8. derstood and agreed between the parties hereto that payment shown in paragraph 2A above includes payment to grantor for provements located partly within and partly without the ay area, Said improvements consist of a one-story, frame stucco municipal building. The State, or its agent, is hereby granted the right to enter upon the remaining property of the grantor fo he purpose of removing said improvements ," a9 244 21 22 23 24 25 26 27 28 29 30 31 32 ATTEST: -2- .- 3 3 2 GUNT DEED (CORPORATION) feet frm a 5/8 inch iron pin see for the intersection of last said - SPACE ABOVE THIS LINE FOR RECORDER'S USE - f DISTRICT I C9UNTY I ROUTE I POST MILE I #UE.ISER I ' organized and existing under and by virtue of the laws of the State of ___.._______________----------.------.-...--... C&L/pl"-Ow /.-_ '4 ________. City of fa-slsbad does hereby GRANT to the STATE OF CALIFORNIA all that real FiOperty in the 2 Szn Diepo .. That part of that portion of Tract 113 of CWXSBkJI LkJJDS, according County of .._____.___ ~ 3 _________________.__------.- .-------------, State of Califorma, described as: to PIzp thereof No. 1661, filed in the office or' the County Recorder of San,Diego County, Narch I, 1915 described in deed to the State of California recorded July 20, 1951 in Book b174, page 260 of Official Records, lying 1esterI.y of the following described line: Commencing at a point on the centerline of Pine Avenue, according to said Nap, distant thereon N.55°241001'E., 580.20 feet from a spike set for the intersection thereof with the centerline of Rarding Street, for- i 1 merly Fifeh Street ; thence S. 23" 08 '50"E., 979.05 feet to a point on the centerline with the said centerline of Harding Street. % - 'J 9/22/67 EST. 9407. e~o41.5~0 12-66 2sco 0 OSP ,. .. FORM HRIW-7A (REV. 4.66) IN WITNESS WHEKEOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal By-------- __--_________________Secretary Stztt 02 Califorriiaj >ss. County 0: Sa:: 3iego) CORPORATE SEAL] ff . I h S 1.. A1 C Name (Typed or Printed) Notary Public in and for Said State (CERTIFICATE OF ACCEPTANCE, GOVT. CODE, SECTION 272 8 1 ) THIS Is To CERTIFY, That the State of California, grantee herein, acting by and through the Department of Public Works, Division of Highways, hereby accepts for public purposes the real property, or interest therein, conveyed by the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of 19 _________- Director of Public Works Attorney in Fact Document ll!. 6 8 2 the form of Td covering the property particularly described in the above instrument has been executed 2nd delivered WB2:RT CROISANT of Way Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agree- ment constitutes the entire consideration for said document and shall reIieve the State of all further obIigation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The State shall: (A) Accept delivery or' propert? or interest conveyed by above clocurnent and ixxord-same vnen title can.Ee vested in the State. (B) Pay all escrcw and recordins fees rincurred i_n this transactj-on, and, lif ticle insurance Ls desi-red by the State, the premfum charged therefor. \ \ \ \ \ \ \ \ \ \ \ \ \ \ '\ IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. Recommended for Approval: By .. Right of Vay Agent STATE OF CALIFORNIA DEPARTMENT OF PUBLIC VORKS DIVISION OF HIGHWAYS By District Engineer e .. -. .. GRANT DEED (CORPORATION) - , ., -. .. ,. .. . .. ._ .. ,. %- . .. . . . . . . . .. .. . .. . .. .. .. .. . . .. . . . . . .. . .... .. .. - SPACE ABOVE TXlS LINE FOR RECORDER'S USE - 49.3 14-678 -3:Sh.organized and existing under and.by rirtue of the laws of the State of _____________! c PL/ ___.___ __.A "0/-2/$/& __._______ ___ _.__ _____ _______. , rl Degiiming at a point on Che Northeasterly line of said Lot-, 1, distant thereon 200 feet i1?orthyesterly T'rcm the nost Easterly corzer of line of szid lot and. the Southeasterly prolonpeim of saLd '?lor"Lheast- erl-y line i! total distmce of 24.0 feet-, to a point on the centerliEe of Pine Avenue as said Avznue is sho~m on said ?.lag >To. 1744; thence S.55°271X., along clrze centorline of saici Pine.Avenue 52.25 feet to a point; thence M.3Lr-033'W 240 feet Co a ~oine; thence 11.55°27'E,, 52.25 feet to the polrit 02 bepx~~i~~~. said Lot 1; thence rv.r-niag S.3k03~ 0 i7 2., along 2-7 L_rle said Nortkeasterly -2 Excepting "Lhat po~tion 1>7ing Easterly of the folloxing described 1 line : IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corpora:e sea1 to be afhed hereto, this LsTtt day of OmBEP b- ~ ____________________ , 19-b.7 . [CORPORATE SEAL] . PRINCIPAL OFFICE iri (CERTIFICATE: OF ACCEPTANCE, GOVT. CODE, SECTION 2728 1) THIS IS TO CERTIFY, That the State of Californil, grantee herein, acting by and through the Deprtnient of Public 'Works, Division of Highways, hereby accepts for public purposes the real propcrcy, or interest therein, conveyed by the within deed and consenis to the rccordition thcreof. IN WITNESS WHEREOF, I have hereunto set my hand this day of 19 .____. Directoi of Public Works By _______________..________________.______________________I..___________________________ I Attorney in Fact 4 ," 'C -0 -. . .. .. .- FORM R/W-1 .c4p -__- _____________________________California /3B&z> * covering the property particularly described in the above instrument has been executed and delivered to %!?!~-&~---c%!~-%!2~L Right of Way Agent for the State of California. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: I. The parties have herein set forth the whole of their zgreement. The performance of this agree- ment constitutes the entire consideration €or szid document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The State shall: (A) property or interest conveyed by above docment(s) when title to said p-roperty vests in the Seaate free 2nd clear of all lieas, encumbrartces, assessrr,3nts, easements and leases (recorded and/or unrecorded) and tzixes, except : a. Pay the undersigned granlor(s) the sum of $100.00 for the Taxes for the fiscal year in which this escrow closes which shall be cleared 2nd paid in the Fanner required by Section 4986 of the Revenue and Taxation Code, if wpaid at the close of escrow. b. Covecanis, conditions, restrjctions aqd reservations of record, or contained in the a~ove rererenced aocunent. c. (E) and, if title insurance is desired by the State, the premium charged therefor, Easzrr.o,nts or rights of way over said lsnd for public OK quasi- public utility or public szreet: purposes, if any. Pay all escmv and recording fees incwred in this transxtion, ------%~ - I ~&t-HB \-I- 4 This transaction vi11 be handled through an escrov with the Title Insurance and T-rust Compmy of San Diego; Escr~v Koa 831369. e 0 s.. . Gruntor- Recommended for Approval: By __..____. .. . Right of Woy Aged By Sufiervijing Right of Vuy Agent STATE OF CALIFORNIA DEPARTMEXT OF PUBLIC WORE;S DIVISIOX OF HIGHWAYS By ~ District Engimer