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HomeMy WebLinkAbout1987-08-18; City Council; Resolution 9203RESOLUTION NO. 9203 5 6 a lo 11 l2 l3 14 l5 l6 17 l8 l9 20 21 22 23 24 25 26 27 28 il 1 2 3 4 WHEREAS, bids have been received by the City of Carlsbad for the construction of street improvements to Elm Avenue east of El Camino Real, Project No. 3230; and WHEREAS, the low bid received for said project was submitted by Southland Paving, Inc. in the amount of $324,642; and WHEREAS, there are sufficient funds available in the project account No. 134-820-1840-3230 to award this contract; and WHEREAS, certain private property rights-of-way are required by the City of Carlsbad to enable installation of these improvements; and WHEREAS, the City of Carlsbad and the property owners have reached an agreement affecting the transfer of fee and easement 1 interests for this project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: ' 1. That the above recitations are true and correct. 2. That the bid of $624,642 submitted by Southland Paving, Inc., Project No. 3230, for the construction of street improvements to Elm Avenue east of El Camino Real is hereby accepted. 3. That the Mayor and City Clerk are hereby authorized to execute a contract thereafter. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING BIDS, AWARDING A CONTRACT, APPROVING A MEMORANDUM OF AGREEMENT, AND ACCEPTING A GRANT DEED OF IMPROVEMENTS TO ELM AVENUE EAST OF EL CAMINO REAL 1 FEE AND EASEMENT INTERESTS FOR THE CONSTRUCTION OF STREET ~ 0 4. That the Mayor and City Clerk are hereby authorized to execute the attached Memorandum of Agreement between the City of Carlsbad and Mr. and Mrs. Horace Felkins regarding the City's proposed improvements to Elm Avenue east of El Camino Real. 5. That the attached grant deed is hereby accepted and the City Clerk is directed to cause the recordation of said deed. 6. That the Director of Finance is authorized to approve a payment in the amount of $14,000 to the aforementioned property owners as compensation for the purchase of certain right-of-way interests. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 18th day of August 9 1987 by the following vote, to wit: AYES: Council Members Lewis, Pettine, Mamaux and Larson NOES: None ABSENT : Council Member Kulchin ATTEST: (SEAL e RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO r 1 CITY OF CARLSBAD .ame treet City Clerk ddress 1200 Elm Avenue ty& Carlsbad, CA 92008 tate L _I r 1 MAIL TAX STATEMENTS TO ame treet ddress tY 84 tate 0 SPACE ABOVE THIS LINE FOR RECORDER'S USE CAT. TO 1923 NO. CA "00582 (2-83) Individual Grant Deed THIS FORM FURNISHED BY TICOR TITLE INSURERS The undersigned grantor(s) declare(s): Documentary transfer tax is $ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( X) City of Carlsbad , and NONE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Horace H. Felkins Jr. and Dolphine Felkins hereby GRANT(S) to the City of Carlsbad the following described real property in the City of Carlsbad County of San Diego , State of California: See legal description designated as Exhibit "A, I' attached hereto, and by reference made a part hereof. All as more particularly shown on a map designated as Exhibit attached hereto, and by reference made a part hereof. ilated: Augwt 6, 1987 } ss. - STATE OF CALIFORNIA COUNTY OF Diego On this the -.--&&- day of Nota Public in and for said County and State, personally appeared 1987, before me the undersigned, a H. F7;TTRT-d- - &W" FELKINS , personally known to me or proved to me on the basis of satisfactory evidence to be the person!?-.-- whose name S&.!?%hbscribed to the within instrument - . ____ Signature of Notary FOR NOTARY SEAL OR STAMP OFFICIAL SEAL JUDY A. PRICE NOTARY PUBLIC CALIF. LriLIWW w1 l.ua11 110. . .-_- ----. . .". MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT "A" , LEGAL DESCRIPTION Those portions of Lot "J" of Rancho Agua Hedionda, located in the City of Carlsbad, County of San Diego, State of California, according to the Partition map thereof No. 823, filed November 16, 1886, in the Office of the County Recorder of said County and State, described as follows: PARCEL 1 BEGINNING at Point "A" as described in an "Offer of Dedication" for Street and Highway purposes to the City of Carlsbad, recorded May 29, 1973 as File/Page No. 73-144263, of Official Records, records of said County and State, said point being the Easterly terminus of a curve concave to the South and having a radius of 558.00 feet, as described in said "Offer of Dedication", a radial line through said terminus bears North 5'39'58" East; Thence along the boundary of the land described in said "Offer of Dedication" through the following courses: North 5'39'58" East 40.00 feet to the beginning of curve concave Southerly and having a radius of 598.00 feet, a radial line through said curve bears North 5'39'58" East; thence Easterly and Southeasterly along said curve through a central angle 25'12'49" an arc length of 263.16 feet to a point on a line parallel with and distant 2.00 feet Southerly of the existing centerline of Elm Avenue (84.00 feet wide) ; Thence leaving the boundary of said land along said parallel line South 59'07'13" East 26.99 feet to a point on the Northeasterly boundary of the land as described in a deed to Horace H. Felkins, Jr. and Dolphine Felkins; recorded August 16, 1978 as File/ Page No. 78-347984, Official Records of said County and State; Thence along said Northeasterly boundary South 54°18'01" East '476.09 feet to the most Northeasterly corner of the land described in said deed,said point being on the Southerly line of said Elm Avenue (84.00 feet wide); Thence parallel with, concentric to, and distant 42.00 feet Southerly from the existing centerline of Elm Avenue through the following courses; North 59O07'13" West 501.40 feet to the beginning of a tangent curve concave Southerly and having a radius of 558.00 feet; thence Northerly and Northwesterly along said curve through a central angle 25'12'49" an arc length of 245.55 feet to the POINT OF BEGINNING. The above described parcel of land contains 0.476 acres. SHEET 1 OF 2 EXHIBIT " A" LEGAL DESCRIPTION PARCEL 2 An easement for slope and slope maintenance purposes on, over, under, across and through the following described land: That portion of the land described in said deed recorded as File/Page No, 78-347984, Official Records of Said County and State, bounded Northerly and Northeasterly by the Southerly and Southwesterly line of the above described Parcel 1, and bounded Southwesterly, Southerly, and Southeasterly by the following described line; BEGINNING at the above described Point "A"; thence South 45°00'00" East 192.00 feet; thence South 65°00'00" East 30.00 feet; thence South 25°00'00" East 75.00 feet; thence North 69°00'00" East 39.00 feet; thence South 60°00'00" East 284.00 feet; thence South 80°20'00" East 95.00 feet; thence North 73"39'10" East 94.79 feet to a point of terminus, said point being the most Northeasterly corner of the land described in said deed. The above described parcel of land contains 1.456 acres. A.P. NO. 167-090-24 FELKINS SHEET 2 OF 2 . .- . L e 0 zrj rY IL T Y d z 3 3 z I - ' - -- ' --- -