HomeMy WebLinkAbout1987-06-02; City Council; Resolution 9102**
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AUTHORIZING DEPOSIT
I
OF ACQUISIiION FUNDS WITH THE COURT
e
WHEREAS, the
improve La Costa
Real, hereinafter
WHEREAS, the
real property
e aseme nt s ,
easements, and
slop e
WHEREAS, th
the right of
property or interests
and other purposes
Highways Code,
RESOLUTION NO. 9102 !
City of Carlsbad, California, proposes t
Avenue between Interstate 5 and El Camino
referred to as “the project”; and
project requires the acquisition of certain
incerests, including but not limited to, road
easements, drain age easements, 1 an dsc aping
grading easements; and
City of Carlsbad, California, may exercise
eninent domain for the acquisition of real
therein for streets, drainage facilities,
pursuant to the California Streets and
Section 4090, and the Government Code, Sections
A RESOLUTION OF T E CITY COUNCIL OF THE CITY OF CARLSB 0, CALIFORNIA, AUTHO IZING AND DIRECTING THE CONDEMNATION OF
CERTAIN REAL PROP RTY INTERESTS IN THE CITY OF CARLSBAD,
DECLARING THE PUB 2 IC NECESSITY, APPROPRIATING FUNDS AND
37350, 37350.5,
WHEREAS,
Carlsbad are or
Municipal Projects
C,alifornia; and
WHEREAS, on
City of Carlsbad,
California
proposed location,
consistent witb
Plan; and
and 37353; and
the plans for the project within the City of
file in the Office of the City Clerk and the
Department of the City of Carlsbad,
April 15, 1987, the Planning Commission of the
California, pursuant to the provisions of the
Government Code, Section 65402, found that the
purpose, and extent of the project is
all elements of the City of Carlsbad General
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WHEREAS, September 23, 1986, pursuant to the
California Pub1 esources Code, Section 21000 and following,
I the City Council the City of Carlsbad, California, certified I l a mitigated nega declaration for the project; and
I WHEREAS, t ea1 property or interests therein sought to
be acquired ar ocated within the territorial limits of the
City of Carlsb California, and are necessary for the
proposed project
WHEREAS, th y of Carlsbad, California, has established
the amounts wh t believes to be the just compensation for
the hereinafter cribed real property or interests therein
sought to be acq
WHEREAS, p o Government Code Section 7267.2, the
City of Carlsbad ia, has offered to the owners of said
real property o s therein the full amount established
as just compen r said real property or interests
therein sought t
WHEREAS, t bad, California, has provided
said owners of erty or interests therein a
written stateme of the basis for the amount
established as n for the real property or
interests therei
WHEREAS, a s expired since the
date of the o he real property or
interests there and the owners have
failed to favo ers of the amounts
established by t compensation; and
WHEREAS, pu the California Code
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of Civil Procedure,
hereby declares that:
Section 1245.235, the owners of the real
property or interests
and addresses appeEr
ROLL, have been
1 CONDEMNATION
I opportunity to
in California Code
I
2. The public interest and necessity require the proposed
3. The pro r osed project is planned and located in a
project.
therein sought to be acquired whose names
on the current equalized COUNTY ASSESSMENT
sent a NOTICE OF INTENTION TO ADOPT A
RESOLUTION, and have been provided with an
appear and be heard on the matters referred to
of Civil Procedure, Section 1240.030; and
deposited with
value of the real 1
I
1 acquired;
NOW, THEREFORE,
City of Carlsbad,
of all and each and every part of said
ibed real property or interests therein for
poses of the proposed project is a public use
t7e Court in the amount of the aforementioned
property or interests therein sought to be
BE IT RESOLVED by the City Council of the
California, which finds, determines, and
7
1. The above recitations are true and correct.
I manner which will
good and the least,
I 4. The rea:,
described in th:,s
project.
5. The proppsed
be most compatible with the greatest public
private injury.
property or interests therein, hereinafter
Resolution, are necessary for the proposed
project is a matter of public necessity.
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and a use authorized
7. The publi
by law.
interest and necessity require that the
project.
property or interests
resolution, be taken.
8. The law
to as “Special Co
directed in the
donation, purchas
provisions of th
California related
interests in real
9. Special
and prosecute in
suits in the pr
necessary to con
therein, hereinafter described in this
irm of Asaro and Keagy, hereinafter referred
nsel” be, and is, authorized, impowered, and
name of the City of Carlsbad to acquire by
, or condemnation, in accordance with the
Code of Civil Procedure of the State of
to eminent domain, the hereinafter described
roperty.
ounsel is authorized and directed to prepare
he name of the City of Carlsbad such suit or
per court having jurisdiction thereof as are
emn, take, and acquire said hereinafter
IO. Special
application to
of money to be
just compensation
property or any
for the proposed
to make app1ica’:ion
City of Carlsbad
said real property
sought to be cond
Counsel is authorized and directed to make an
said court for an order determining the amounts
deposited as security for the payment of the
which will be made for the taking of the real
part thereof, or interests therein necessary
project and any damage incident thereto, and
to said court for an order permitting the
to take immediate possession of and to use
and part thereof, or interests therein,
mned for the proposed project.
11. Special Counsel is authorized and directed to make
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deposit for such
funds under the
determined by the
12. Special
behalf of the
expenses in the
real property.
13. The real
situated in the
California, and
descriptions attached
14. The
security for such right-of-way out of proper
lcontrol of the City of Carlsbad in the amount
Zourt in the manner directed by the court.
C3unsel is authorized and directed to incur on
City of Carlsbad all reasonable and necessary
prosecution of a suit or suits to condemn said
property referred to in this resolution is
City of Carlsbad, County of San Diego, State of
is more particularly described in the parcel
hereto and marked Exhibit 'lA'l.
Council of the City of Carlsbad, California,
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for the acquisition
consistent with the
PASSED, APPRCVED,
el
of real property or interests therein
intent of this Resolution.
AND ADOPTED at a regular meeting of the
NOES: None
ABSENT: Non
ATTEST: I
(SEAL)
I
As s es s or I s Pa r ce I
NO. 21 6-1 10-05
A. K. OLIVER, a limited partnership
CITY CLERK CITY OF CARtSBAD
Ixx) ELM AVENUE CARLSBAD, CA 92008
k -
Project LA COSTA AVENUE MITIGATION
W.O. No. 36022
/--
East, 45.76 feet; thence South 69OOO'
35.87 feet; thence North 87°06f01t' Wes
IOGETHER with the right of access t
Zrantor's land to install (including
EASEMENT FOR GRADING, LANDSCAPING AND mic" I
k hereinafter cailed GRANTOR, doles) hereby grant, convey and dedicate to the CITY OF CARLSBAD, State of California, her inafter called GRANTEE, an easement for grading,
iandscaping and irrigation purposes and incidents thereto, upon , over and across that certain real property within the CIT OF CARLSBAD, State of California, described as
That portion of Lot 7 of Section 34, Township 12 South, Range 4 West, Szn Bernadino
Base and Meridian, in the City of arlsbad, County of San Diego, State of California, according to the Official Plat thereof, described as follows:
Commencing at the Southwest corner of Lot 15 of said Section 34; thence Easterly along
the Southerly line of said Lot 15, Sou I h 86°5015011 East. 358.09 feet: thence North 83O43'73''
fo 1 i ow s :
OF BEG INN I NC'; thence continuing North 83O43'? 3"
10" East, 20.04 feet; thence North 88*49'07'' West,
, 28.36 feet to the TRUE POINT OF BEGINNING.
ingress and egress over, under, and across said
is successors and assigns) , construct, maintain,
:t any structures or grading deemed necessary for
rnia Coastal Commission and City of Carfsbad.
xhibit ''Atf attached hereto and made a part hereto
- I' I
Dated this day of , 19
STATE OF
County of
On 8 19 , before me, the undersigned, a Notary Public in and for said County and State, persoxy appeared
personally known to me (or proved to me on the basis of satisfactory evidence] to be
the person (s) whose nane(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same.
Witness my hand and official seal.
Notary Public in and for said County and State
This is to certify that the interest in real property conveyed by the foreqofnq Grant Deed to the City of Carlsbad, a municipal
said City of Carlsbad, California , and the Grantee
officer.
corporation is hereby accepted
pursuant to Resolution No.
consents to recordation thereof
by t<e Crty Council of
adopted on by its duty authortzed
Datcd BY A L. KAI-RANL, LIIY CLtKK
- I' I
CITY CLERK
-. CITY GF CARtSE3AD
1200 ELM AVENUE
CARLSBAD, CA 92008
hO TRANSFER TAX DUE I SPACE hBOVE FOR RECORDER'S USE ONL
EASEMENT FOR
Assessor's Parcel
ZO. 216-110-33634
PtlBt! c HIGHWAY
Project LA COSTA AVENUE
\Y.O. No. 3208
ESPOS IT0 PROPERT I ES
hereinafter called CRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF
CARLSBAD, State of California, hereinafter catied GRANTEE, an easement for pubric highway and public utility purposes and incidents thereto, upon, over and across that certain real
property within :he CITY OF CARLSBAD, State of California, described as follows:
PARCEL I:
That portion of Lot 6 of the Northeast Quarter of the Southwest Quarter of Section 34,
Township 12 South, Range 4 \Vest, San Bernerdino Base and Meridian, in the County of San
Diego, State of California, according to the United States Government Survey thereof, lying
within the following described property:
Commencing at the Northwesterly corner of said Lot 6; thence South OOO57'12" East along the YI'esterly line 34.70 feet to the TRUE POINT OF BEGINNING; thence North 72O58'54" East
754.47 feet to the beginning of a tangent 1,440 foot radius curve concave Southerly; thence
Easterly along said curve through a central angle of 18°11'59t1 a distance of 457.41 feet;
:hence South S8°49'071' East 404.45 feet; thence South 89°57'S2i1 East 300.06 feet; thence
South 88O49'07" East 24.45 feet to the Easterly line of said Lot 6; thence South OOO37'38'
East along the Easterly line 108.73 feet; thence North 89O33'58'' West, 5.22 feet to a point on
the arc of a non-tangent, 20.00 foot radius curve, concave Southwesterly, a radial line to
said point bears South 89O33'38" East; thence Northwesterly along :he arc of said curve
through a central angle of 89°15'09" a distance of 31 .1S feet; thence Eorth 07*10'53" East,
3.CO feet; thence North 88O49'07" West, 652.67 feet to a point herein designated Point "A"; thence continuing North 88c49'071' \\!est, 50.00 feet to a point designated Point "B". , thence
continuing North 88°49'0711 West, 4.45 feet to the beginning of a tangent, 1,360.00 foot
radius curve, concave Southerly; thence Westerly along the arc of said curve through a
central angle of 18°11'59ri a distance of 432.00 feet; thence tangent to said curve South
72O58'54" West, 177.45 feet to the Westerly line of-said Lot 6; thence North 00°57'12" West along the Westerly line 83.25 feet to the TRUE POINT OF BEGINNING.
-
-C;CETHEK i:*ith the privilege and right to extend drainaqe structures 2nd excavation and
eqbsnkment s!opes 35 feet beyond the limits of the herein described right-of-way where
reGLli red for the construction and maintenance of said public highway.
PARCEL It:
'OGETHER with that portion of said Lot 6 lying 10.00 feet Southerly of and paraflel and
concentric with the following described line:
BEClNNING at said Point ''A"; thence North 88O49'07" West, 54.4s feet to the beginning of a
tangent, 1,360 foot radius curve, concave Southerly; thence Westerly along the arc of said
curve through a central angle of t8°11'59'' a distance of 432.00 feet; thence tangent to said
curve South 72G581541' West, 120.85 feet to the POINT OF TERMINUS.
?ARCEL 111:
ALSO TOGETHER with that portion of said Lot 6 lying within a 40.00 foot wide strip of land
lying Southerly of and parallel to and coccentric with the following described line:
Commencing at said Point "6"; thence South O"110'53" West, 70.00 feet to the TRUE POINT OF BEGINNING I; thence North 88°49107'' West, 4.G5 feet to the beginning of a tangent,
1,350.00 foot radius curve, concave Southerly; thence Westerly afong the arc of said curve
through a central angle of 1l042'52" a distance of 276.02 feet to the POINT OF TERMINUS 1.
Said 40.00 foot wide strip of land is required for the placement of the tiebacks for the cribwall. For the exact location of the tiebacks, see City of Carlsbad Drawing No. 270-5 on
file in the Office of the City Engineer of said City. There shall be no excavation, building,
3r construction of any kind within said 40.00 foot wide strip of land without the approval of
the City Engineer of the City of Carlsbad.
All as shown for convenience sake on Exhibit "A" attached hereto and made a part hereto by
this reference.
Excepting fro3 Parcels I, 11, and 111 described above, that portion South of the Southerly
right-of-way line of La Costa Avenue as shown on Road Survey $ 7796-65, said portion being within the City limits of the City of Encinitas.
=-..
Dated this day of , 19
STATE OF 1 County of ’7
On 8 19 , before me, the undersigned, a Notary Pubtic in and for said C ounty and State. Derso’ZFi ameared .. , ..
personally known to me (or proved to me on the basis of satlsfactory evidence] to be
the person(sf whose name( s) is/are subscribed to the wlthtn Instrument and acknowledged
to ne that hefshelthey executed the same.
Wltness my hand and offlclal seal.
Notary Public in and for sald County Ejnd State
Thfs Is to certlfy that tho Interest In real property conveyed by the foregoing easement to
the Clty of Csrlsbad, a munlclpal corporation Is hereby accepted by the City Councll of sald Clty of Carlsbad, CaIlfornia pursuant to Resolution No, adopted on
, and thc Grantee consents to recordation thereof bmu!y authorlzcd
Dice r .
CITY CLEM
-- CITY OF CAFLSSAD - 1200 EUSC AVENUE CARLSBAD, &A 92008
No TRANSFER TAX WIE
EASEMENT
Assessor's Parcel
NO. 21 6-1 10-33
FOR GRADING, LANDSCAPING AND IRRfGAViBN
Project LA COSTA AVENUE MITIGATION
W.O. No. 36022
ESPOSlTO PROPERTIES, a California general partnership
hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate to the CITY OF
CARLSBAD, State of California, hereinafter called GRANTEE, zn easement for grading,
landscaping and irrigation purposes and incidents. thereto, upon, over and across that
certain real property within the CITY OF CARLSBAD, State of California, described as fol lows :
That portion of Lot 6 of Section 34, Township 12 South, Range 4 West, San Sernadino
Base and Meridian, in the City of Carlsbad, County of San Diego, State of California,
according to the Official Plat thereof, described as follo~s:
Commencing at the Southwest Corner of Lot 14 of said Section 34; thence along the
Northerly line of said Lot 6, North 68O39'36" East, 231.85 feet to :he ,TRUE POINT OF
BECiNNlNG I; thence continuing along said Northerly line, North 68O39'36" Ezst, 88.15 feet; thence South 86°50'5G'' East, 142.91 feet to a point herein designated Point llAll;
thence South 69°24'4611 West, 198.91 feet: thence North 56°00'00" West, 65.00 feet; thence North 58°30'00" East, 17.95 feet to the TRUE POINT OF BEGINNING I.
TOGETHER with that portion of said Lot 6, described as follows:
Commencing at said Point "A"; thence South 86O50'50'' East, 8.53 feet to the TRUE POINT
OF BEGINNING 11; thence continuing South 86°50'50" East, 224.04 feet; thence South
59°00'00" East, 28.84 feet; thence North 89*00'00" West, 2 15.00 feet; thence North
55°00'001' West, 40.84 feet to the TRUE POINT OF BEGINNING 11.
ALTO TOGETHER with the right of ingress and egress over, under, and across said
Grantor's land (including his successors and assigns) , and the right to install, construct,
maintain , repair, replace, reconstruct, and inspect any water supply system or grading
deemed necessary for the mitigation requirements of the California Coastal Commission and
City of Cartsbad.
AI1 as shown for convenience sake on Exhibit ttAtt and Exhibit r'B'' attached hereto and
made a part hereto by this reference.
1
- ..
- Dated this - day of * 19
SYATE OF
On 0 19 , before me,
In and for said C ounty and State, persomy appeared - tho undersigned; Notary
personally known to me (or proved to me on tha basis of satisfactory evfdence) to be
tho personfs) whose name( 5) lslare subscribed to the wlthln Instrument and acknowledgc~
to me thst holshelthsy sxrxuted tho wne.
Witness my hand end offlclal seal,
This 10 to Certify that the tnterost fn reel property conveyed by the forogofng sas@mant R
the city of Carlssbed, a munklpl corporatton Is hereby scccpted by the City CounCll Ob said City of Catltbed, Callfornla pursuant to Rctotutton No. adopted or
, ond tho Crentaa consents to rocordatfon thereof bmuly authorlrcc omcar,
PROPOSED GRADING EASEMENT 1';J
AREA : 0.201 ACRES
A.P.N. 216-110-33
L
I
A.P.N. 216-110-33
CITY CLERK CITY GI; CARLSEAD
1200 ELM AVENUE
CARLSBAD, CA 92008
NO TRANSFER TAX DUE
Assessor's Parcel
KO. 27 6-1 1 C-22
-SPACE ABOVE FOR RECORDER'S USE Oh'LY-
EASEMENT FOR WBLIC HiGHKAY
Project .LA COSTA AVENUE
W.O. No. 3208
THE AhlERlCAN LUTHERAN CHURCH, a Non-Profit Corporation organized under the laws of
the State of hlinnesota
hereinafter called GRANTORfS), do(es) hereby grant, convey and ded'icate to the CITY OF
CARLSBAD, State of California, hereinafter called GRANTEE, an easement for public highway
and public titility purposes and incidents thereto, upon, over and across that certain real
property within the CITY OF CARLSBAD, State of California, described as follows:
That portion of Lot 7 of Section 34, Township 12 South, Range 4 V!est, San Bernardino Base
and Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, lying within a strip of land 80 feet wide, 40 feet on each side of the following
described centerline:
Commencinc, at the Northeasterly corner of said Lot 7; thence South 83°14'07'' West along the
Northerly line 663.77 feet; thence South 01@10553" West 69.88 feet to the TRliE POINT OF BEGINNING; thence South 88O49'07" East 1.06 feet to the beginning of a tangent ?,400 foot
radius curve concave Northerly; thence Easterly along said curve through a central angle of
12O35'05'' a distance of 307.50 feet; thence North 78'35'48" East 361.39 feet to the Easterly
line of said Lot 7, said point being the POINT OF TERMINUS.
The sideiines of said 80 foct wide strip of land shall be lengthened and/or shortened so as to terminate \t'esterly in the Yiesterly line of the Easterly half of said Lot 7 AND Easterly in
the Easterly line of said tot 7.
TOGETHER with the privilege and right to extend drainage structures and excavation and
embankment slopes 35 feet beyond the limits of the herein described right-of-way where
required for the construction and maintenanre of said Public Highway.
All as shown for convenience sake on Exhibit "A" attached hereto and made a part hereto by
tbis reference.
Fxceptiq therefrcm that portion South of the Southerly right-of-way lirie of La Cost::
Avenue as shown on Road Survey # 1796-65, said portion being within the City limits of the
City of Encinitas.
- Dated this dcy of 19
Q b-l # 19 , before no, tho undersigned, 8 Notary Pub
tn snd for said C ounQy ond Sioto, persomy zippered
personally known to me (or proved to ne on tho basis of satisfactory ovidance) to ba
ti-*$ pefbon(s) whose nsmo[ 3) Islare cubscrlbed to the wlthln Instrument and acknowledg
~
the ~m5, tc me that he/ahoi!hoy axecutad
Witness my bend and offlcial sea
Notary Public In and for oeid C ounty Bnd Suta
This to csrtlfy that the Intorest tn reo1 property canvoyod by the foregoing easement
the CtPy of bt!sbed, 0 mwnlcfp?! corporetlon 1s hereby ecceptad by the Clty Councll 5ald Clty of Catlsbed, Catifornla purrucnt to Reoofutlon No, adopted
, and tho CfljnteU con,ant, to rscordatlon thereof t,yu!y author12
ZGcer,
7
--I 9-r
.
-
CITY CLEM
CITY OF CARLSAD
1200 ELM AVENUE CARLS8AD, CA 92008
W TRANSFER TAX E
SPE WVE FW R€C#?KR'S USE WL;
EASEMENT FOR GRADtNG, LANOSCAPING AND JRRtGATlON
Assessor's Parcel
NO. 21 6-1.1 0-22
Project LA COSTA AVmUE MITIGATION W.O. No. 36022
THE AMEIIICAN LUTHERAN CHURCH, a non-profit corporation organized under the taws of -
the St::--.- of Minnesota
hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate to the CITY OF
CARLSBAD, State of California, hereinafter called GRANTEE, an easement for grading,
landscaping and irrigation purposes and incidents thereto, upon, over and across that
certain real property within the CITY OF CARLSBAD, State of .California, described as
folloMfs:
That portion of Lot 7 of Section 34, Township 12 South, Range 4 West, San Bernadino
Base and Meridian, in the City of Carlsbad, County of San Diego, State of California,
according to the Official Plat thereof, described as follows:
BEGINNING at the Southeast corner of Lot 15 of said Section 34; thence along the Easterly
line of said Lot 15, South 0Oc27'l0" East, 8.55 feet; thence South 78O35'48" West, 369.13 feet to the beginning of a tangent, 1,360 foot radius curve, concave Northerly: thence
h'esterly along the arc of said curve through a central angle of 08O24'58'' a distance of
199.77 feet; thence non-tangent to said curve, North 67O41'25'' East, 748.68 feet; thence
North 83°14'07" East, 425.21 feet to the POINT OF BEGINNING.
TOGETHER with the right of access to ingress and egress over, under, and across said
Grantor's land to install (including his successors and assigns), construct, maintain,
repair , replace, reconstruct, and inspect any structures or grading deemed necessary for
the mitigation requirements of the California Coastal Commission and City of Carlsbad.
All as shown for convenience sake on Exhibit "A" attached hereto and made a part hereto
by this reference.
. -.
- ,.
Dated thls day of 19 -
On 19 before me, !ha undetsfgned, a Notary Public
in aTior said C-:.:.?ty and State, petooxy appasred
personally known-% me (or proved to me on the basls of sattsfactofy evldance) to be
the person(s) whose nemfs) islare subscrlbed to the wlthln Instrument and acknowledged
to that Re/she/they executed the sme.
Wltneos my hand and ofnclal seal,
Rotary Public In and Bot rald C ounty and Stat e
Thls 1% to cartlfy that the Interest In teal property convayed by the foregatng essamant to
the City of Carlsbed, a municipal corporatlon Is hereby sccopted by the City CowncIf of
said City of Csrlcbod, Cotifomla putguanl to Resolution No. adopted on , nnd tho Crtrntea con5ents to recordation thereof bmly authorlred
officer,
PROPOSED GRADING EASEMENT
AREA: 0.323 ACRES
A.P.N. 216-110-22
Yr'HEPi RECORDED. PLEASE MAIL
- ClTY CLERK
ClTY OF CARLSBAD
I200 ELM AVENUE
CARLSBAD, CA 92008
NO TRANSFER TAX DUE
SPACE ABOVE FOR RECORDER'S USE ONL
EASEMENT FOR FUBLfC HIGHWAY
Assessor I s Pa rce I
KO. 21 6-1 22-26
21 6-7 10-21
Project LA COSTA AVENUE
N'. 0. No. 3208
CO~?'IMUN ITY BANK, a Corporation
hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate io the CITY OF
CARLSRAD, State of California, hereinafter called GEANTEE, an easement for public
highway and public utility purposes and incidents thereto, upon, over and across that certain real property within the CITY OF CARLSBAD, State of California, described as
follows:
All as shown for convenience sake on Exhibits "A" and "B" attached hereto and made a
pzrt hereto by this reference.
. - ,.
_-
PARCEL I:
EXHIBIT "A"
Those portions of Lots 7 and 8 of Section 35, Township 12 South, Range 4 West, San
Bernardino Base and Meridian, in the County of San Diego, State of California, according to
the Official' Plat thereof, lying within the following described property:
Commencing at the Northwesterly Corner of Lot 8 of Section 35; thence South 0°31'0311 West along the Westerly line 39.82 feet to the TRUE POINT OF BEGINNING I, said point also
being on the arc of a 7 ,740 foot radius curve, concave Southerly, a radial to said point
bears North 13OC5'20" East; thence Easterly along said curve through a central angle of
17O51'29" a distance of 542.33 feet; thence tangent to said curve South 59°03t1f1f East
547.21 feet: thence South 60°06't2" East 600.10 feet to the beginning of a non-tangent
i ,449 foot radius curve concave Northerly, a radial to said point bears South 30°56149r1
\'/est; thence Easterly along said curve through a central angle of 17@52'24'' a distance of
452.02 feet to the Southeasterly line of Lot 16 of said Section 35; thence leaving said line South 13O04'24" West 102.00 feet to a point on the arc of a non-tangent, 1,551 foot radius
curve, concave Northerly, a radial line to said point bears South 73°04'241' West; thence Westerly along said curve through a central angle of 17O52'24" a distance of 483.84 feet;
thence North 58°00'10" West 600.10 feet; thence North 59°G3'11f' West 547.21 feet to the beginning of a tangent 1,660 foot radius curve concave Southerly; thence 1YesterIy along
said curve through a central angle of 17O14'29" a distance of 499.53 feet; thence North
OO31'03" East 82.06 feet to the TRUE POINT OF BEGTNNiNC I.
TOGETHER with the privilege and right to extend drainage structures and excavation and
embankment slopes 60 feet beyond the limits of the herein descrlbed right-of-way where
required for the construction and maintenance of said Public Highway.
PARCEL 11:
That portion of Lot-8 of Section 34, Township 12 South, Range 4 West, San Bernardino
Ease and Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, lying within a strip of land 80 feet wide, 40 feet on each side of the
following described centeriine :
Commencing at the Northwestetfy corner of said Lot 8; thence South 0°27r07'1 East 49.29 feet
to the TRUE POINT OF BEGINNING II; thence North 78"35'48'' East 622.79 feet to the
beginning of a tangent 1,700 foot radius curve concave southerly, thence Easterly along
said curve through a central angle of 24O47'35" a distance of 735.62 feet to the POINT OF
TERMINUS II.
TOGETHER with the privilege and right to extend drainage structures and excavation and
embankment slopes 60 feet beyond the limits of the herein described right-of-way where
required for the construction and maintenance of said Pubtic Highway.
PARCEL Ill:
ALSO TOGETHER with that portion of said Lot 8 of Section 34 lying 10.00 feet Southerly
of and parallel and concentric with the following described line:
-€cnEencing at tile Nortliw?sterly corner of said Lot 8; thence South 00°27'07" East, 90.03
fee:; thefice North 78O35'48" East, 194.47 feet to the TRUE POlNT OF BEGINNING III;
thence continuing North 78°35'481' East, 435.46 feet to the beginning of a tangent, 1,660 foot
rzdius curve, concave Southerly; thence Easterly along the arc of said curve through a
centra1 angle of 07"13'51" a distance of 209.49 feet to the POINT OF TERMINUS Ill.
Excepting from Parcels I, II , and III described above, that portion South of the Southerly
right-of-way line of La Costa Avenue as shown on Road Survey f '1796-65, said portion being
within the City limits of the City of Encinitas.
- * 19
0
day of
STATE OF
County of *#Is’*
On e 19 , before me, the undersigned, a Notary PublI
In and for said C ounty snd State, persomy appeared
personally known to me (or proved to me on the basis of satisracioty evldwnce) to be
the person(s) whose nams(s) ls/ste subscribed to the wlthln Instrument and acknowledge
to me that helshelthey executed the s8mee
Wltnass my hand end offlctol seal.
Rotary Vubtk In md for sald County and 51rs to
Thls is to carllfy that ths Intsrest fn rob1 property conveyed by the foragofng eesarmant t
the city Of C~trlsbsd, 8 munklpl corpratton fs hereby scccpted by the Clty Councit c
said CIty of Csrlsbed, Callfornla purruant to R830htl0n No. adopted o , and tho Grantee consents to recordation thereof bvu!y author!roc
oft kef.
D>rted BY
F
I
SHEET I OF 2 I
'L .- .. -
TOTAL. . . .a, 703 9-F.
Pit6WC&L. a Cn!U€€T) m-4
CITY OF CARISBAD. . . .7,&77 CITY OF WC/N/TAS. . . . . 0
TOTAL. . . .7,677
EXHIBIT "B"
PARCEL EGn
.-
w-xr4 RECORDED, FLEASE MAIL
THiS INSTRUh?ENT TO:
CITY CLERK
CiTY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92008
NO TRANSFER TAX DUE
As se s so r I s Pa rce I
NO. 27 6-1 10-31 E32
-SPACE ABOVE FOR RECORDER'S
EASEMW FOR WBLIC HIGHWAY
ISE ONLY-
Project LA COSTA AVENUE
W.O. No. 3208
CHARLES J. THERRIEN and EVA CORRlNE THERRIEN, Husband and Wife, as Joint Tenants
hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF
CARLSBAD, State of California, hereinafter called GRANTEE, an easement for public highway
and public utility purposes and incidents thereto, upon, over and across that certain real
property withir, the CITY OF CARLSBAD, State of California, described as follows:
That portion of Lot 5 of the Northwest Quarter of the Southv;est Quarter of Section 34,
Township 12 South, Raqe 4 West, San Bernardino Ease asd hTeridizn, in the County of San Diego, State of California, according to the United States Government Survey thereof, lying
within the following described pr0pert.y:
Commencing a: the Northeasterly corner of said Lot 5; thence South OOo57112r' East along the
Easterly line 34.70 feet to the TRUE POINT OF BEGINKING; thevce continuing South Oo57'1Zr3
East €3.25 feet; thence South 72O58'54'' West 163.81 feet to the begirining of a tangent 1,360
foot radius curve concave Southerly; thence \Vesterty along said curve through a central angle of 79G02'27'' a distance of 451 .96 feet; thence South 53c56'27'' :Vest 136.22 feet to the
beginning of a non-tangent 4,820 foot curve concave h'ortheriy, a radial to said poir:t bears North 37O07'13'' West; thence Kesterly along said curve through a central angle of 7O25'13'' a
distance of 624.24 fee?; ?hence South 61°19'54" \Yest 291 .OO feet; thence Rorth 28c40106" Vv'est
116.00 feet; thence North 67"19'54'' East 491.00 feet to the beginning of a non-tangent 3,175
foot radius curve concave Northerly, a radial to said point bears North 27°01'33'' West; thence Easterty along said curve through a central angle of 7G26'0111 a distance of 417.93
feet; thence h'orth 53O56'27" East 136.22 feet to the beginning of a tangent 1,440 foot radius
curve concave Southerly; thence Easterly along said curve through a central angle of 19c02'27" a distance of 478.55 feet; thence North 72"58'54" East 186.85 feet to the TRUE POINT OF BEGINNING.
TOGETHER with the privilege and right to extend drainage structures and excavation and
embankment slopes 35 feet beyond the limits of the herein described right-of-way where required for the construction and maintenance of said Public Highway.
All as shown for convenience sake on Exhibit "A" attached hereto and make a part hereto by
this reference.
Excepting therefrom that portion South of Southerly right-of-way line of La Costa Avenue as
shown on Road Survey t 1796-65, said portion being within the City limits of the City of
Enciniias.
- Dated this day of b l9
STATE OF 1
Ut7 19 before me, the underttgned, a Notary Pub1
In and for raid c OUnty 0nd 3 ate, pefso~y appealred
personally known lo me (or proved to me on the basls of satlsfactory evidence) to be
the personfs) whose neme(s) Islare subscribed to the within Instrument and acknowledg;
to me that halshelthsy oxecuted the sum,
Witness my hand and off‘lelal seal.
Thts Is to certify that the tntere~t In roe! property conveyed by the foregoing eneernqmt ~
the CIty of Csrlsbad, B munIclpnI corporlrtton 1s hereby accepted by tho Clty Council c
said Clty of Carlrbad. Catlfornie Dutsuant to Rtsolutlon No. adopted 0 , and ;ha Grantee con9ants to racordatlon thoreof bvuly a&thor!za
offlcer *
CITY CLERK CITY OF CRRtsE3caD 1200 ELM AVENUE CARLSBAD, CA 92008
EASEMENT
Assessor's Parcel
NO. 21 6-1 10-31
FOR IRRIGATION
Project LA COSTA AVENUE MITIGATION
W.O. No. 36022
CHARLES J. THERFilEN and EVA CORRINE THERRIEN, Husband and Wife
hereinafter called CRANTOR(S), do hereby grant, convey and dedicate to the CITY OF
CkRtSBAB, State of California, hereinafter called GRANTEE, an easement for grading ,
landscaping and irrigation purposes and incidents. thereto , upon, over and across that
certain real property within the CITY OF CARLSBAD, State of California, described as
fot iows :
That portion of Lot 5 of Section 34, Township 12 South, Range 4 West, San Bernadino
Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof, described as follows:
Commencing at the Southeast corner of Lot 13 of said Section 3Y; thence Westerly along the
Southerly line of said Lot 13, South 68O39'36" \'Jest, 288.40 feet to the TRUE POINT OF BEGINNING; thence South 88O22'17" East, 39.46 feet to a point on the arc of a
non-tangent, 1,440 foot radius curve, concave Southerly, a radial tine to said point bears
North 19°09'261t West; thence Westerly along the arc of said curve through a central angle of 16°54'07'' a d' istance of 424.79 feet; thence tangent to said curve South 53O56'27" West,
136.22 feet to the beginning of a tangent, 3,175 foot radius curve, concave Northwesterly;
thence Southwesterly along the arc of said curve through a central angle of 03°04'05'1 a
distance of 170.07 feet; thence non-tangent to said curve North 50O37'43" East, 306.47
feet; thence fJorth 43°37f438' East, 83.90 feet; thence North 68O39'36" East, 315.23 feet to
the TRUE POINT OF BEGINNING.
TOGETHER with the right of access to ingress and egress over, under, and across said
Grantor's land to install (including his successors and assigns) , construct, maintain,
repair, replace, reconstruct, and inspect any structures or grading deemed necessary for
the mitigation requirements of the California Coastal Commission and City of Carlsbad.
All as shown for convenience sake on Exhibit IIA" attached hereto and made a part hereto by this reference.
I
- - Dated thls dzy of , 19
L
.-
On * 19 , before me, tho undersigned, a Notary Pwbti
IR and for raid C ounty snd 5t ate, persomy 8ppeated
personally known to me (or proved to mo on the basis of satksfactory evidence) to bo
ths petsonfs) whose name(s) tolare oubscrlbed to the wlthin Instrument and acknowledge(
to me that helshelthey sxotutsd the s~m.
Wltnerrs my hand and afftclal sea!.
Rot&?y PublIc In end for sald C ounty end Stat e
Thts Is to eartlfy that the intatei? In reel property conveyed by the fotegolng easement tc
the City of Cartsbad, a munlclpsl cotporatlon Is hereby bCCCp?ad by the City Counctt ob
raid elty Of Cartsbbd, Cattfornia pursuant to Raoolutlon No. Bdopted or , and tho Grantee consants to recordatIan thereof h-1~ authorlror
ofricer,
37
PROPOSED GRADING EASEMENT I\ ‘1 y
AREA .
D 0.353 ACRES
EXHIBIT -Aw