HomeMy WebLinkAbout1996-02-06; City Council; Resolution 96-54'I,
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RESOLUTION NO. 9 6 - 5 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAI
CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION C
CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF CARLSBAD, STATE C
CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREOF.
WHEREAS, the City of Carlsbad, County of San Diego, State of California, pro
widen Olivenhain Road requiring the property and the property interests described and
in Exhibit "A attached hereto, hereinafter referred to as "the project"; and
WHEREAS, the project requires the acquisition of certain real property and real
interests, including, but not limited to road right-of-way, drainage easements, tempon
easements, temporary construction easements, access easements, inundation areas E
space easements; and
WHEREAS, the City of Carlsbad may exercise the right of eminent domait
acquisition of real property or interests therein for streets, and other purposes pui
California Government Code Sections 37350, 37350.5, and 37353; and
WHEREAS, the plans for the project in the City of Carlsbad are on fil
Engineering Department of the City of Carlsbad; and
WHEREAS, on June 1 , 1994, the Planning Commission of the City of Carlsbad,
to the provisions of the California Government Code, Section 65402, found that the 1
location, purpose, and extent of the project is consistent with all elements of the City of (
General Plan; and
WHEREAS, on January 21 , 1992, pursuant to California Public Resources Code
21000 and following, this City Council certified an Environmental Impact Report
project; and
WHEREAS, the real property or interests therein sought to be acquired are locatl
the territorial limits of the City of Carlsbad and are necessary for the proposed project
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WHEREAS, the City of Carlsbad has established the amounts which it believes *
just compensation for the hereinafter described real property or interests therein soul
acquired; and
WHEREAS, pursuant to Government Code Section 7267.2, the City of Carl3
offered to the owners of said real property or interests therein the full amount establish€
compensation for said real property or interests therein sought to be acquired; and
WHEREAS, the City of Carlsbad has provided said owners of said real prc
interests therein a written statement of and summary of the basis for the amount establ
just compensation for the real property or interests therein sought to be acquired; anc
WHEREAS, a reasonable length of time has expired since the date of the offc
owners of the real property or interests therein sought to be acquired, and the owners hs
to favorably respond to the offers of the amounts established by the City of Carlsbac
compensation; and
WHEREAS, pursuant to the provisions of California Code of Civil Procedure,
1245.235, the owners of the real property or the interests therein sought to be acquire(
names and addresses appear on the current equalized County Assessment Roll, have bc
a Notice of Intention to Adopt a Condemnation Resolution, and have been provided
opportunity to appear and be heard on the matters referred to in California Code
Procedure, Section 1240.030.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C
California, as follows:
1. That public interest and necessity require the proposed project.
2. The proposed project is planned and located in a manner which will t
compatible with the greatest public good and the least private injury.
3. The real property or interests therein, hereinafter described in this Resolul
necessary for the proposed project.
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4. The proposed project is a matter of public necessity.
5. The use of all and each and every part of said hereinafter described real pro
interests therein for the use and purposes of the proposed project is a public use an
authorized by law.
6. The public interest and necessity require that the property or interests
hereinafter described in this Resolution, be taken.
BE IT FURTHER RESOLVED by the City of Carlsbad that the firm of ASARO,
FREELAND & MCKINLEY (hereinafter "special counsel") be, and is authorized and empc
and directed in the name of the Crty of Carlsbad to acquire by donation, purch
condemnation, in accordance with the provisions of the Code of Civil Procedure of the 1
California relating to eminent domain the hereinafter described interests in real propert)
To prepare and prosecute in the name of the City of Carlsbad such suit or suit
proper court having jurisdiction thereof as are necessary to condemn, take, and acqu
hereinafter described real property, or any part thereof, for the proposed project.
To make an application to said court for an order determining the amounts of m
be deposited as security for the payment of the just compensation which will be made
taking of the real property or any part thereof, or interests therein necessary for the prc
project and any damage incident thereto, and to make application to said court for ai
permitting the City of Carlsbad to take immediate possession of and to use said real prop€
part thereof, or interests therein, sought to be condemned for the proposed project;
To make deposit for such security for such right-of-way out of proper funds un
control of the City in the amount determined by the court in the manner directed by thE
To incur on behalf of the City of Carlsbad all reasonable and necessary expense:
prosecution of a suit or suits to condemn said real property.
Ill
Ill
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The real property referred to in this Resolution is situated in the City of Carlsbad,
of San Diego, State of California, and is more particularly described and depicted on E>
attached hereto and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
held on the 6th day of FEBRUARY , 1996 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
Aikiiiii%N- (SEAL)
RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk City of Carlsbad
1200 Carlsbad Village Dr. Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
-
I 0 0
- -
EXHIBIT *A*
LE- DESCRIPTIOX
OPEN SPACE
APN 255-040-55
BEING A PORTION OF UT 13 OF RANCHO LAS ENCINITAS, ACCORDING To MAP i
NO. 848, AND RECORD OF SURVEY 5422, BOTH ON FILE IN THE OFFICE
COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY
DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE ALONG THE W;
BOUNDARY THEREOF
1. SOUTH 02'18'28'' EAST 268.25 FEET (SOUTH 02'50'30'' EAST PEI RECORD OF SURVEY 5422);
LEAVING SAID BOUNDARY
2. NORTH 87'30'15" EAST 160.00 FEET TO THE TRUE POINT OF BEG1 THENCE CONTINUING
3. NORTH 87'30'15" EAST 330.00 FEET: THENCE
4. SOUTH 02'29'45" EAST 150.00 FEET; THENCE
5. SOUTH 87'30'15" WEST 53.00 FEET: THENCE
6. NORTH 41'50'58" WEST 63.37 FEET; THENCE
7. NORTH 02'29'45" WEST 45.00 FEET: THENCE
8. SOUTH 87'30'15" WEST 190.00 FEET: THENCE
9. SOUTH 19'49'54" WEST 58.38 FEET: THENCE
10. SOUTH 87'30'15" WEST 25.13 FEET; THENCE
11. NORTH 02'18'28" WEST 110.00 FEET TO THE TRUE POINT OF BEGINN:
CONTAINS 28,211 SQUARE FEET (0.65 ACRES) MORE OR LESS.
SEAL
WO NO. RCE 2
DWG NO. EXPIRATION 12/31/97
\ 1 C. dL PAUL
.-
- f-- -,c 1 OF 1
OUWA" 0- ITwnu \ A-pmm DEDCAED PER
DOC RECORDED DEW= 1- 29, 1903 IN BOOK 336, ON PAGE 297 w DEEDS
flANGHO LA s GlYCIN/TA g
MA? No, 548 80' PUEUC unun AND ROAD EASfiNT PER DOWMENT RECORDED APRIL Ji 1991 AS FP
R,o*S, 5422
lNDla7Es OPEN1 SPACE -
PARCEL M=242ll Sam.
) RECORD DATA P€l? R.O.S. 5422 - - - INDICATES am ewtmm~
mmucnm ESIIIT wmui MEGAUD
LOT 13
MA? NO, 548
-TY PER mTE DOCUMPIT
EIANWO LAS ENc/N/Tils
Project Design Codtants
MAM SU(
-ng &=-w=9 Jbupvlo 70f -8'SImt Skib a, San hkm C.4 9af 6f+ZS&6/71 fU 234-0349
3466 'B' WDENING M!a7;11K)N PEEL -
RECORDING REQUESTED BY
AND WHEN RECORDED, PLEASE MAIL TO:
City Clerk City of Carlsbad
1200 Carlsbad Villaga Dr. Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
0 0 U1056ACCLEG €01 (21. 6/21
<-
-
EXHIBIT 'A'
LEGAL DESaIPTION
FOR
SLOPE EAS-
(WIEGAND PROPERTY)
PARCELS 'A' AND 'B'
APN 255-040-55
BEING A PORTION OF LOT 13 OF RANCHO LAS ENCINITAS, ACCORDING TO MAP 'I
NO. 848, AND RECORD OF SURVEY 5422, BOTH ON FILE IN THE OFFICE OF THE
RECORDER OF SAN DIEGO, IN THE CITY OF CARLISBAD, COUNTY OF SAN DIEGO, S'I
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 'A'
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE ALONG THE WE
BOUNDARY THEREOF
1. SOUTH 02O18'28" EAST 268.25 FEET (02°50'30" EAST PER SAID REC SURVEY 5422); THENCE LEAVIN
BOUNDARY
2. NORTH 87O30'15" EAST 25.00 FEET TO THE TRUE POINT OF BEG1
25.00 FEET TO THE TRUE POINT HEREIN DES1
THENCE
3. NORTH 87O30'15" EAST
4. SOUTH 02O18'28" EAST 549.31 FEET; THENCE
AS POINT 'At; THENCE
5. SOUTH 87O41'32" WEST 25.00 FEET; THENCE
6. NORTH 02O18'28" WEST 549.32 FEET TO THE TRUE POINT OF BEGINN:
CONTAINS 13,732 SQUARE FEET MORE OR LESS.
PARCEL 'B'
BEGINNING AT POINT 'A' AS DESCRIBED ABOVE; THENCE
1. NORTH 87030f15" EAST 60.00 FEET TO THE TRUE POINT OF BEG
THENCE
25.00 FEET; THENCE 2. NORTH 87030t151' EAST
- 0 0 UYOS(I-ACcLEG €01 (21. e17
3. SOUTH 02O18'28" EAST 549.58 FEET; !THENCE
4. SOUTH 87O41'32" WEST 25.00 FEET; THENCE
5. NOKTH 02O18'28" WEST 549 50 FEET TO ATE "RUE POINT OF BEGINNI
CONTAINS 13,738 SQUARE FEET MORE OR LESS.
C/LG I
c ,-
-..1- e nm q
p(JmON DEDICAm, PfR -
om REcoRDfD DECEMBER
ON PAGE 297 Of Dms 29, 1903 IN BOOK 336,
LOT Ej'
DOCUMENT RECORDED /?%fijGHQ L/-l g gflch!/jTA 5
NO. 91-197546. CXR. APRIL 3, 1991 AS FP MAP NO, 348
J%QaS4 5422
/ND/am PERMANaJT SLOPE ml WITHIN WEGAND PROP.
PAREL 'B'-AREA--13,738 S9.n.
) RECORD DATA PER R0.S. 5422 - - - INDICATES CITY BOUNDARIES - EASEMENT To LNC#/A COUNTY WATER D/m/cT PER DOCUMENT RECORDED OCTOBER
10. 1973 AS Fp NO. 73-286084, OR
0 LAS ~AW~~~T~~
?OJEC f NAME:
1Al.l IpreAm
0 -RECORDING REQUESTED BY 0
-AND WHEN RECORDED, PLEASE MAIL TO:
City Clerk City of Carlsbad 1200 Carlsbad Village D . Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
Space above this line for Recorder's
The undersigned grantor(s) declare(s): Documentary transfer tax is $- Project No. & Name 3466
( ) 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
Assessor's Parcel No. 255-040-55
Olivenhain Road W
PARTNERSHIP GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Wiegand Properties Partnership
a partnership organized under the laws of the State of California, 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: an easement for DRAINAGE, upon, through, under, over, and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of drainage structure and all structures incidental thereto, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, and any other obstruction interfering with the use of said easement as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. Exhibit "B consisting of one (1) page is attached for clarity only.
DATED W I EGAND PROPERTIES PARTNERSHIP (Name of Company)
STATE OF CALIFORNIA 1 1 COUNTY OF SAN DIEGO 1 BY (Signature)
(Type or Print)
(Type or Print)
On before me,
(here insert name and title of the officer), personally appeared -, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he
and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Name
Title
(Signature)
(Type or Print)
(Type or Print)
executed the same in his authorized capacity, BY
Name
Title
H:\LIBRAR~ENG\WPDATA\ENTEZARI\OLIVENHN\WIEGDRAN EAS Rev 06/26/95
e 0 U105EACCtEG Eo1 (~.8121
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
DRAINAGE EASEMENT
(WIEGAND PROPERTY)
APN 255-040-55
BEING A PORTION OF LOT 13 OF RANCHO LAS ENCINITAS, ACCORDING TO MA2 T
NO. 848, AND RECORD OF SURVEY 5422, BOTH ON FILE IN THE OFFICE OF THE
RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, SI
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE ALONG THE WE
BOUNDARY THEREOF
(0Z050'30" EAST PER SAID mc SURVEY 5422); THENCE LEAVIN
BOUNDARY
1. SOUTH 02O18'28" EAST 268.25 FEET
2. NORTH 87°30'15" EAST 50.00 FEET TO THE TRUE POINT OF BEG1
THENCE
60.00 FEET; THENCE 3. NORTH 87O30'15" EAST
i. SOUTH 02O18'28" EAST
5. SOUTH 87O41'32" WEST
6. NORTH 02O18'28" WEST
549.50 FEET; THENCE
60.00 FEET; THENCE
549.31 FEET TO THE TRUE POINT OF BEGINN:
CONTAINS 32,964 SQUARE FEET MORE OR LESS.
b/L ~~ \ Gu.,
DOUG S C. PAUL
RCE 2 06
EXPIR 12/31/97
A=w m-ng Sunryrry~ 701 -3- slrwf Sua& 800. Son Dug4 Cd 92/01
PROJECT NO.
34LL OKCT NAME: i)
et mIUAIhl d=u7Ar) FApwm EXHI8
'8'
RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk City of Carlsbad
1200 Carlsbad Village Or. Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
U1 OSCACCLEG EO1 (21. 6/26/ Ci 0
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
CONSTRUCTION EASEMEN1'S
(WIEGAND PROPERTY)
PARCELS 'A' ANI) 'B'
APN 255-010-55
BEING A PORTION OF LOT 13 OF RANCHO LAS ENCINITAS, ACCORDING TO MAP TE
NO. 848, AND RECORD OF SURVEY 5422, BOTH ON FILE IN THE OFFICE OF THE C
RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST1
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 'A'
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE ALONG THE WE:
BOUNDARY THEREOF
1. SOUTH 02°18t28" EAST 268.25 FEET (SOUTH 02°50'30" EAST PER
RECORD OF SURVEY 5422) TO TH1
SAID BOUNDARY
POINT OF BEGINNING; THENCE L1
2. NORTH 87°30'151t EAST 25.00 FEET TO A TRUE POINT HEREIN DESIC
AS POINT 'A'; THENCE
3. SOUTH 02O18'28" EAST 549.22 FEET; THENCE
4. SOUTH 87O41'32" WEST 25.00 FEET TO A TRUE POINT ON SAID WE!
BOUNDARY; THENCE ALONG SAID I ARY
5, NORTH 02O18'28" WEST 549.14 FEET TO THE TRUE POINT OF BEGINNI
CONTAINS 13,730 SQUARE FEET MORE OR LESS.
PARCEL 'B'
BEGINNING AT POINT 'A' AS DESCRIBED ABOVE; THENCE
1. NORTH 87"30'15" EAST 110.00 FEET TO THE TRUE POINT OF BEG1
THENCE
2. NORTH 87O30/15" EAST 25.00 FEET; THENCE
3. SOUTH 02O18'28" EAST 549.67 FEET; THENCE
PAGE 1 OF 2
0 e UlO55ACC.LEG EO1 (21. 8/2
4. SOUTH 87O41'32" WEST 25.00 FEET; THENCE
5. NORTH 02O18'28" WEST 549.58 FEET TO THE TRUE POINT OF BEGINNI
CONTAINS 13,742 SQUAkE FEET MORE OR LESS.
PAGE 2 OF 2
p(n?noN DEDlcAm, PER -
Dm. RECORDED DEa8a 29, 1903 IN BOOK 336,
OE~ PAGE 297 OF DEEDS
107 13
IMAP NO, 848
A
DOCUhfmT RECORDED /?AfYcHg La s El!/chv]T'A s
APRIL 3, 1991 AS FP NO. 91-197546, O.R.
--
r7,,,s, 5422
lNDICAES COns77wnoN €a WHIN WEGAND PROP.
PAREL 'A'-AREA=13,730 SQ.1
INDICA ES CONSTRUCnON ESM
PARCEL 'B'-AREA=13,742 SQ.1
) RECORD DATA PER R.0.S 542 - - - lNDCAlES aTy BOuNDmIEs
wmiN W~EGAND PROP.
w EASEMENT 10 WCADIA COUNTY WA'
DISTRICT fm DOCUMQVT RECORDED OCmBE 14 1973 AS FP NO. 739286084, 0.R. --- ---
Ho LA6 mmj]~~~
i!!A? NOd 543
fl -jMb!MmAn FA.
- RECORDING REQUESTED BY
AND WHEN RECORDED, PLEASE MAIL TO:
City Clerk C?y of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
I 0 LEG110561A LEG 30326 (4) MW. 9n/9
EXHIBIT 'A'
LEGAL DESCRIPTION FOR
(WIEGAND PROPERTY)
PARCELS 'A' AND 'B'
APN 255-040-55
BEING A PORTION OF LOT 13 OF RANCHO LAS ENCINITAS, ACCORDING TO MAP T
NO. 848, AND RECORD OF SURVEY 5422, BOTH ON FILE IN THE OFFICE (
COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD, COUNTY OF SAN
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS PARCELS 'A' AND
FOLLOWS :
PARCEL 'A'
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE ALONG THE WE
BOUNDARY THEREOF
1. SOUTH 02'18'28'' EAST 645.66 FEET (SOUTH 02'50'30'' EAST PER
RECORD OF SURVEY 5422) T TRUE POINT OF BEGINNING;
LEAVING SAID BOUNDARY
2. SOUTH 61'58'24'' EAST 188.83 FEET; THENCE
3. SOUTH 81"22'59" EAST 222.84 FEET; THENCE
4. SOUTH 65'04'26'' EAST 123.71 FEET TO A POINT HEREIN DESIGNA?
POINT 'A'; THENCE
5. NORTH 90'00'00'' WEST 141.05 FEET; THENCE
6. NORTH 71"13'30" WEST 180.12 FEET; THENCE
7. NORTH 60O38'04'' WEST 214.77 FEET TO A POINT ON SAID WE,
BOUNDARY ; THENCE ALONG BOUNDARY
8. NORTH 02"18'28" WEST 10.97 FEET TO THE TRUE POINT OF BEGINNI
CONTAINS 14,019 SQUARE FEET MORE OR LESS.
1
0 o WlO56lA LEG 30-326 (4) MW. W/9
PARCEL 'B'
BEGINNING AT POINT 'A' AS DESCRIBED IN PARCEL 'A' ABOVE; THENCE
1. SOUTH 72'05'31" EAST 26.75 FEET TO THE TRUE POINT OF BEG1
THENCE
2. SOUTH 79'57'56" EAST 243.70 FEET; THENCE
3. NORTH 73'24'51" EAST 232.87 FEET; THENCE
4. NORTH 87'14'35" EAST 302.24 FEET; THENCE
5. SOUTH 23'23'35" WEST 39.64 FEET; THENCE
6. SOUTH 71'57'55" WEST 80.32 FEET; THENCE
7. NORTH 77'30'01" WEST 185.48 FEET; THENCE
8. SOUTH 67'03'13" WEST 224.96 FEET; THENCE
9. NORTH 87'17'27" WEST 127.69 FEET; THENCE
10. NORTH 72'18'55" WEST 132.29 FEET; THENCE
11. NORTH 52'18'09" WEST 39.31 FEET TO THE TRUE POINT OF BEGINNI
CONTAINS 23,212 SQUARE FEET MORE OR LESS.
RCE 22606
EXPIRES 12
2
LEGEN~ONT'D
) RECORD DATA PER R.O.S. INDICATES AREA OF APPROX. INUNDAllON
PARCEL 'A' AREA = 14,079 SQ.FT.
INDICATES AREA OF APPROX. INUNDAEON
PARCEL '6' AREA = 23,212 SQ. R.
( -- lNDlCA7ES CITY BOUNDARE
NOTE: THE APPROX. UMlE OF INUNDATION Sh
HEREON ARE BASED ON THE COUNTY OF SAN 100-YR ROOD DATA, DATED 3-4-82 AND Oh
AERIAL TOPOGRAPHY DATED 1-10-92. ACW
INUNDAnON MEAS MAY DlfFER mOM WE LIM AAAEAIDED MA? OF SANTA FG r71DGE - UNU iVgJ 1
GARLBaAD TFi'ACI ]YO2 83-15, MA? blO, 10856 SHOW HEREON, DUE TO DIFFERING TOPOGRAP,
MA? IVO, m1.B EAARES OR OWB? BASIN CHARAClERISTIC5
RO,S, 5422
SAN-LO AERIAL SURVEYS - 01-1
SAN DIEGO ENCINITAS CREEK FLLOD
0 LAs %NGAUAS MA? IYO, 348
Project Design Con,stdi
0 - RECORDING REQUESTED BY
- AND WHEN RECORDED, PLEASE MAIL TO:
City Clerk City of Carlsbad
1200 Carist ad Village Dr. Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
Space above this line for Hecorder's
The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO Project No. & Name 3466 ( ) 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
Assessor's Parcel No. 255-040-55
Olivenhain Road\
PARTNERSHIP GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Wiegand Properties Partnership
a partnership organized under the laws of the State of California, 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: an easement for ACCESS ROAD, upon, through, under, over, and across the hereinafter described rea property for the installation, construction, maintenance, repair, replacement, reconstruction and inspectior of an access road and all structures incidental thereto, together with the perpetual right to removc buildings, structures, trees, bushes, undergrowth, and any other obstruction interfering with the use of saic easement as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereol Exhibit "B" consisting of one (1) page is attached for clarity only.
DATED WIEGAND PROPERTIES PARTNERSHIP (Name of Company)
STATE OF CALIFORNIA 1 1 COUNTY OF SAN DIEGO 1 BY (Signature)
(Type or Print)
(Type or Print)
On before me,
(here insert name and title of the officer), personally appeared -, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he
and that by his signature on the instrument the person, or the entity upon behatf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Name
Title
(Signature)
(Type or Print)
(Type or Print)
executed the same in his authorized capacity, BY
Name
Title
P:\DOCS\DEEDS\WI EGROAD. EAS Rev. 0612619
0 0 U1056-ACC.LEG E01 (2). 6/26
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
ACCESS EASdMENT
(WIEGAND PROPERTY)
APN 255-040-55
BEING A PORTION OF LOT 13 OF RANCHO LAS ENCINITAS, ACCORDING TO MAP TI
NO. 848, AND RECORD OF SURVEY 5422, BOTH ON FILE IN THE OFFICE OF THE (
RECORDER OF SAN DIEGO, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STi
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE ALONG THE WE!
BOUNDARY THEREOF
1. SOUTH 02O18'28" EAST 268.25 FEET (SOUTH 02°50'30" EAST PER SA1 CORD OF SURVEY 5422); THENCE
ING SAID BOUNDARY
2. NORTH 87O30'15" EAST 135.00 FEET TO THE TRUE POINT OF BEG11
THENCE
3. NORTH 87°30'15't EAST 3.60 FEET; THENCE
4. SOUTH 10°48'07tt EAST 144.86 FEET; THENCE
5. SOUTH 02O18'28" EAST 96.13 FEET; THENCE
6. SOUTH 87O41'32" WEST 25.00 FEET; THENCE
7. NORTH 02O18'28" WEST 239.39 FEET TO THE TRUE POINT OF BEGINNII
CONTAINS 4,453 SQUARE FEET MORE OR LESS.
++&- LL
RCE 2 06
EXPIRES 12/31/97
PAGE 1 OF 1
10, 7973 AS F/P NO. 73-286084, 0.~. L---- -----
i
1 LOT 13
RAfVC'HO LA s zfycljy]IA s
MA? A0 548 -tl I
mGNED OR DATE
\ LWJ S C. PAUL KC.€ 22606
1
PrPject Design Codtank 1, dl- 6/.L/U/qY p 1 mnnw dhsrnsaw --J-w=g 701 *Eu mt. Sir& 8U0, Sari Disgo. 6.4 $2701 673-235-647f FRY 2340349 13 I PROJECT NO.
P
RECORDING REQUESTED BY
AND WHEN RECORDED, PLEASE MAIL TO:
City Clerk City of Carlsbad
1200 Carlsbad Village Dr. Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
> 0 U1056PROP.LEG E01 (51. 612
--
EXHIBIT 'A'
LEGAL DESCRIPTION
(RAILROAD PROPERTY)
PARCELS 'A' AND 'B'
APN 255"-023-01 AND 02
BEING A PORTION OF PARCELS 1 AND 2 ACCORDING TO PARCEL MAP THEREOF NO. ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE C
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTIC
DESCRIBED AS FOLLOWS:
PARCEL 'A'
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, BEING A POINT (
NORTHERLY RIGHT-OF-WAY OF OLIVENHAIN ROAD, A PORTION THEREOF DEDICAT
SAID PARCEL MAP NO. 5288; THENCE ALONG THE EASTERLY BOUNDARY OF SAID
MAP NO. 5288
1. NORTH 20O02'53" WEST 131.44 FEET (NORTH 2OO02'42'' WEST PER PARCEL MAP NO. 5288) TO THI
POINT OF BEGINNING; THENCE
2. NORTH 75O09'22" WEST 23.13 FEET; THENCE
3. NORTH 75O23'37" WEST 165.00 FEET TO THE BEGINNING OF A 1,661.5
RADIUS CURVE CONCAVE SOUTI
THENCE ALONG THE ARC OF SAID
4. WESTERLY 279.85 FEET THROUGH A CENTRAL ANGL
09O39'02" TO AN INTERSECT101
THE NORTHERLY RIGHT-OF-WAY 0 OLIVENHAIN ROAD, AS DEDICATI
SAID PARCEL MAP NO. 5288; ' ALONG SAID RIGHT-OF-WAY
5. NORTH 56O27'47" WEST 47.65 FEET TO THE BEGINNING OF A 151.0 RADIUS CURVE CONCAVE SOUTHWES'
THENCE ALONG THE ARC OF SAID
6. NORTHWESTERLY 23.02 FEET THROUGH A CENTRAL ANGL 08°44'10" TO THE BEGINNING
30.00-FOOT RADIUS REVERSE
CONCAVE NORTHEASTERLY; THENCE
THE ARC OF SAID CURVE
7. NORTHWESTERLY 34.61 FEET THROUGH A CENTRAL ANGL
66°06'11" TO A POINT ON THE ERLY RIGHT-OF-WAY OF EL CAMIN
AS DEDICATED PER SAID PARCI
PAGE 1 OF 2
I 0 0 U105BPROP.LEG E01 (5). 6/26
NO. 5288; THENCE LEAVING RIGHT-OF-WAY
8. SOUTH 89'38'14'' EAST 295.92 FEET; THENCE
9. SOUTH 72O16'26" EAST 215.11 FEET TO A POINT ON THE EASTERLY BO1
OF SAID PARCEL MAP NO. 5288; ! ALONG SAID BOUNDARY
10. SOUTH 20O02'53" EAST 98.89 FEET (SOUTH 70'22'42" EAST PER
PARCEL MAP NO. 5288) TO THE POINT OF BEGINNING.
CONTAINS 40,106 SQUARE FEET, MORE OR LESS.
PARCEL 'B'
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL MAP NO. 5288; THENCE THE EASTERLY BOUNDARY THEREOF
1. NORTH 20O02'53" WEST 230.33 FEET (NORTH 20O22'42" WEST PER PARCEL MAP NO. 5288) TO THE
POINT OF BEGINNING; THENCE
2. NORTH 72O16'26" WEST 215.11 FEET; THENCE
3. NORTH 89O38'14" WEST 295.92 FEET TO A POINT ON THE EASTERLY I OF-WAY OF SAID EL CAMINO THENCE ALONG SAID RIGHT-OF-WI
4. NORTH OOO46'48I' EAST 39.21 FEET; THENCE LEAVING SAID RIGHT-OF-
5. SOUTH 89O47'27" EAST 301.69 FEET; THENCE
6. SOUTH 72O16'26" EAST 190.27 FEET TO A POINT ON THE EASTERLY BO1 OF SAID PARCEL MAP NO. 5288; !
ALONG SAID BOUNDARY
7. SOUTH 20O02'53" EAST 50.61 FEET (SOUTH 20O22'42" EAST PER PARCEL MAP NO. 5288) TO THE
POINT OF BEGINNING.
CONTAINS 19,942 SQUARE FEET, MORE OR LESS.
, Lk- & L//L.L/
DOUGLA C. PAUL
EXPIRES 12/31/97
1 RCE 22
- a
PP-2 2 OF 2
PlkUC'ROAD EASEMENT PER papnm WE i
&NE 22 1970 AS FILE NO. 1 -
PUBUC ROAD EASEMENT
MARCH 79, 1970 AS RE NO. 49122 O.R.
-z-
SCALE: 1' = 80'
INDICATES SLOPE EASEMENT WWIN N.W. RAILROAD PROP.
PARCEL 'A'-AREA= 40,106 SQ. R:
INDICATES CONSTRUCnON EASEMENT
WITHIN N.W. RAlLROAD PROF. PARCE 'B'-AR€A= 19,942 SQ. fT.
LEGEND
1 I RECORD DATA PER R.O.S. 7624 - - - INDICATES CITY BOUNDARIES
( ) RECORD DATA PER P.M. 528
RAJV@kD LA 6 %,\1@IJ\J1TA s
iUAP Ala 848
PUBUC ROAD RIGHT-OF- WAY
RECORDED SEPTEMBER 28, 19
AS FILE NO. 169289, O.R.
"I--(- 7 DGd d
P.O*B* PMCU 'A'
JWlYGHO LAS m/tl@J
!!!A? No, 846
SHEET I OF I
Project Design Consdtants wUMs\c PAUL R.C.E. 22606 ME #€SIGNED c
z?zGzz2rn7* 6YSZSii4?7 Ffl AW-OS49 CA 9m 3, CiL y+ < /j!p
PROJECT NAME: (J PRUclECT NO. I ouVENHAm(RoAD€4EMrn 1 3466 I
RECORDING REQUESTED BY
AND WHEN RECORDED, PLEASE MAIL TO:
City Clerk City of Carlsbad
1200 Carlsbad Village Dr. Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
-
EXEMPT
. 0 0 U1056pROP.LEG EO1 (51. 6/26, -
EXHIBIT 'A'
LEGAL DESCRIPTION
(RAILROAD PROPERTY)
PARCELS CA' AElD 'B'
APN 255-023-01 ANI) 02
BEING A PORTION OF PARCELS 1 AND 2 ACCORDING TO PARCEL MAP THEREOF NO.
ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE CI CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICC
DESCRIBED AS FOLLOWS :
PARCEL 'A'
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, BEING A POINT C NORTHERLY RIGHT-OF-WAY OF OLIVENHAIN ROAD, A PORTION THEREOF DEDICATE
MAP NO. 5288
SAID PARCEL MAP NO. 5288; THENCE ALONG THE EASTERLY BOUNDARY OF SAID I
1. NORTH 20OO2'53'' WEST 131.44 FEET (NORTH 20O02'42" WEST PER PARCEL MAP NO. 5288); THENCE
2. NORTH 75O09'22" WEST 23.13 FEET; THENCE
3. NORTH 75O23'37" WEST 116.94 FEET TO THE TRUE POINT OF BEGIb THENCE
4. NORTH 75O23'37" WEST 20.00 FEET; THENCE
5. NORTH 14O36'23" EAST 59.85 FEET; THENCE
6, SOUTH 75O23'37" EAST 20.00 FEET; THENCE
7. SOUTH 14O36'23" WEST 59.85 FEET TO THE TRUE POINT OF BEGINNIb
CONTAINS 1,197 SQUARE FEET, MORE OR LESS.
PARCEL 'B'
BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY OF OLIVENHAIN RC
PORTION DEDICATED PER SAID PARCEL MAP NO. 5288, BEING THE WESTERLY TEI
OF A 151.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY, BEING ALSO THE BEGINN:
A 30.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC O CURVE AND RIGHT-OF-WAY
1. NORTHWESTERLY 1.32 FEET THROUGH A CENTRAL ANGLl 02O31'26"; THENCE LEAVING RIGHT-OF-WAY
2. NORTH 18O49'16" EAST 26.11 FEET; THENCE
PAGE 1 OF 2
- 0 0 U1056PROP.LEG EO1 (51, 6/2
3. SOUTH 71°10'44" EAST 20.00 FEET; THENCE
4. SOUTH 18O49'16" WEST 29.43 FEET TO A POINT ON SAID NORTHERLY
OF-WAY, EEING ALSO A POINT (
ARC OF SAID 151.00-FOOT
CURVE CONCAVE SOUTHERLY, A
FROM SAID POINT BEARS
ARC OF SAID CURVE AND RIGHT-
5. WESTERLY 18.97 FEET THROUGH A CENTRAL ANGL
31'59'50" WEST; THENCE ALOI
07'11'47'' TO THE POINT OF
NING .
CONTAINS 551 SQUARE FEET, MORE OR LESS.
EXPIRES 12/31/97
PAGE 2 OF 2
PUEUC ROAD EASEMCNT PER JUNE 22, 1970 AS RE NO. 1
I
PU8UC ROAD EASEMENT PER DEI? RECORDED
MARCH 19, 1970 AS FILE NO. 49122, O.R.
LEGEND
INDICATES DRAINAGE EASEMaVT wl77ilN N.W. RAILROAD PROP.
PARCEL 'A'-AREA= 1,197 SQ. ff.
INDICATES DRAINAGE EASEMENT
ClMTHlN N.W. RAlLROAD PROP.
PARCEL '8'-AREA= 551 SO. FT
RECORD DATA PER R.O.S. 7624 ] -%*
SCALE: 1" = I
( ) RECORD DATA PER P.M. 5288 BRWL fM
RAfW-..O LA s a..G.A./TA s
MA? f\/OJ 848
- - - INDICATES CITY BOUNDARIES
P UBUC ROAD RIGHT-OF- WAY
RECORDED SEPTEMBER 28, 1961 AS RLE NO. 169289, O.R.
IYCHO !As a!!!
IMAP Ala 84
SHEET I OF Froject Design Consultants
PROJECT NO.
E?%izZzrnF&B Cd om bX9-,?8&64?Y FZF 23/-69/9
PROJECT NAME: I alENWNR0ADEAA I 3466 I
RECORDING REQUESTED BY
AND WHEN RECORDED, PLEASE MAIL TO:
City Clerk City of Carlsbad
1200 Carlsbad Village Dr. Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
*
EXEMPT
I 0 0 UlO56PROP.LEG E01 (51. 6/2
u
EXHIBIT 'A'
LEGAL DESCRIPTION
(RAILROAD PROPERTY)
APN 255-023-01 AND 02
BEING A PORTION OF PARCELS 1 AND 2 ACCORDING TO PARCEL MAP THEREOF NO,
ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE C CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTIC
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, BEING A POINT ( NORTHERLY RIGHT-OF-WAY OF OLIVENHAIN ROAD, A PORTION THEREOF DEDICAT
SAID PARCEL MAP NO. 5288, BEING ALSO A POINT ON THE ARC OF A NON-T
751.01-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL FROM SAID BEARS NORTH 04O19'25" EAST; THENCE ALONG SAID RIGHT-OF-WAY AND ARC 0
CURVE
1. NORTHWESTERLY 382.92 FEET THROUGH A CENTRAL ANGL
29O12'48**; THENCE CONTINUING SAID RIGHT-OF-WAY
2. NORTH 56O27'47" WEST 173.07 FEET (NORTH 56O27'51" WEST PER
PARCEL MAP NO. 5288) TO THE
NING OF A NON-TANGENT 1,661.5 RADIUS CURVE CONCAVE SOUTHEI RADIAL FROM SAID POINT BEARS
04°5712111 WEST; THENCE LEAVIN
RIGHT-OF-WAY ALONG THE ARC 0 CURVE
3. EASTERLY 279.85 FEET THROUGH A CENTRAL ANGL
09 O 3 9 1 02" ; THENCE
4. SOUTH 75O23'37" EAST 165.00 FEET; THENCE
5. SOUTH 75O09'22" EAST 23.13 FEET TO A POINT ON THE EASTERLY BO
OF SAID PARCEL MAP NO. 5288; I ALONG SAID BOUNDARY
6. SOUTH 20O02'53" EAST 131.44 FEET (SOUTH 20O22'42" EAST PER
PARCEL MAP NO. 5288) TO THE OF BEGINNING,
CONTAINS 43,849 SQUARE FEET, MORE OR LESS.
DOUGLA LA C. PAUL : RCE EXPIRES 22 6 12/31/97
PAGE 1 OF 1
!
PUkkC dbAD EASEMENT PER DEED
&NE 22, 1970 AS FILE NO. 108454, FED .R.
8
LEGEND
INDICATES ROAD EASEMENT
WHIN N.W. RAILROAD PROP.
AREA = A3,849 SQ. n.
1 ] RECORD DATA PER R.O.S. 7624 - - - INDICATES CITY BOUNDARIES
( ) RECORD DATA PER P.M. 5288
SAfYGHD LA s mG~lYlTA s fWAP f\!Q, 848 FASGZL MAF
PUBUC ROAD RIGHT-OF- WAY
RECORDED SEPTEMBER 28, 1961
AS Flu NO. 169289, O.R.
ne 2 DEL 2
m AI CHO LA s m m!!J
-z-
SCALE 1” = 80’
MA? fY0, 848
SHEET I OF I
\
DOUECAS C PAUL. R.CL 22606 DATE DESlGNm DRP 81
Project Design Consultants
I b, - CjL L/LC 15) I E%?szdkplArrby?&s la 9aM #-L3S647f Pa 284-0349
is PROJECT NU. I
P
PROJECT NAME:
OuVENHAlNRoADEEA~ 3466 I