HomeMy WebLinkAbout1997-08-26; City Council; Resolution 97-576/I 0 0
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RESOLUTION NO. 97-576
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS
IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, FOR THE
CASSIA ROAD WEST OF EL CAMINO REAL PROJECT AND
DECLARING THE PUBLIC NECESSITY THEREOF.
WHEREAS, the City of Carlsbad, California, proposes to improve Cassia Road wes.
7 El Camino Real in the City of Carlsbad, hereinafter referred to as “the project”; and
8 WHEREAS, the project requires the acquisition of certain real property and real propt
9 interests; and
10 WHEREAS, the real property or interests therein are required for street and otl
11 purposes and are required for the project; and
12 WHEREAS, the City of Carlsbad may exercise the right of eminent domain for
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California Government Code Sections 37350 and 37350.5; and 37353; and 14
acquisition of real property or interests therein for street and other purposes pursuani
15 WHEREAS, the real property or interest therein sought to be acquired for the prop0
project are located within the territorial limits of the City of Carlsbad; and 16
WHEREAS, the real property or interests therein sought to be acquired are necessary
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the proposed project; and
l8 /I WHEREAS, the plans for the project in the City of Carlsbad are on file with the (
Engineer of the City of Carlsbad, California; and
WHEREAS, the City of Carlsbad has established the amounts which it believes to be
just compensation for the hereinafter described real property or interests therein sought to
WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad t
owners of said real property or interests therein, the full amount established as j
compensation for said real property sought to be acquired; and
WHEREAS, the City of Carlsbad, California, has provided said owners of said r
property or interests therein a written statement and summary of the basis for the am01
established as just compensation for the real property or interests sought to be acquired; and
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1 WHEREAS, a reasonable length of time has expired since the date of the offer to
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owners of the real property or interests therein sought to be acquired, and the owners have fi
to favorably respond to the offers of the amounts established by the City of Carlsbad as
compensation; and 4
WHEREAS, the property and interests therein hereinafter described are being acqL 5
for a compatible joint use pursuant to Section 1240.51 0 of the Code of Civil Procedure; and
6 WHEREAS, on April 9, 1996, the City Council of the City of Carlsbad, pursuant to
7 11 provisions of the California Government Code, Section 65402, found that the proposed local
8 purpose, and extent of the project is consistent with the City of Carlsbad General Plan; and
9 WHEREAS, on April 9, 1996, the City Council of the City of Carlsbad, California, fo
10 that:
11 1. The project is a subsequent development project as defined in Section 21083.
12 the California Environmental Quality Act;
13 2. The project is consistent with the previously approved CT 93-03, Poinsettia
14 project;
15 3. There was a Negative Declaration approved in connection with CT 93.
16 Poinsettia Hill project;
17 4. The project has no new significant environmental effect not analyzed as signific
18 in the prior Negative Declaration; and
19 5. None of the circumstances requiring Subsequent or Supplemental EIR un
20 CEQA Guidelines Sections 151 62 or 151 63 exist.
21 WHEREAS, pursuant to the provisions of California Code of Civil Procedure, Seci
22 1245.235, the owners of the real property sought to be acquired whose names and addres:
23 appear on the current equalized County Assessment Roll, have been sent a Notice of lntentiot
Adopt a Condemnation Resolution, and have been provided with an opportunity to appear and
heard on the matters referred to in California Code of Civil Procedure, Section 1240.030.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsb 26
California, as follows:
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2. The proposed project is planned and located in a manner which will be IT 2
1. The public interest and necessity require the proposed project.
3 compatible with the greatest public good and the least private injury.
4 3. The real property or interests therein, hereinafter described in this Resolution,
necessary for the proposed project.
5 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 prop
or interests therein for the use and purpose of the proposed project is a public use and a
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8 authorized by law.
9 6. The public interest and necessity require that the real property or interests ther
10 hereinafter described in this Resolution, be taken.
11 BE IT FURTHER RESOLVED, by this City of Carlsbad, that the law firm of Asaro, Ke:
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empowered, and directed, in the name of the City of Carlsbad, to acquire by donation, purch:
Freeland and McKinley, hereinafter referred to as “Special Counsel” be and is authoriz
or condemnation, in accordance with the provisions of the Code of Civil Procedure of the Stat1
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14 1) California relating to eminent domain, the hereinafter described interest in real property;
15 To prepare and prosecute in the name of the City of Carlsbad such suit or suits in
proper court having jurisdiction thereof as are necessary to condemn, take, and acquire s 16
l7 I! hereinafter described real property, or any part thereof, for the proposed project;
18 To make an application to said court for an order determining the amounts of money tc
19 deposited as security for the payment of the just compensation which will be made for the tab
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the City of Carlsbad to take immediate possession of and to use said real property and I 22
and any damage incident thereto, and to make application to said court for an order permit 21
of the real property or any part thereof, or interests therein necessary for the proposed pro,
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thereof, or interest therein, sought to be condemned for the proposed project;
Ill
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The real property and interests in real property referred to in this Resolution are situ;
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in the City of Carlsbad, County of San Diego, State of California, and are more particul
described in Exhibits 1, 2, and 3 attached hereto.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cot 5 held on the 26th day of August , 1997 by the following vote, to wit:
6 AYES: Council Members Lewis, Finnila, Nygaard, and Hall
7 NOES: None
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ABSENT: Council Member Kulchin
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11 I 12 ATTEST:
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ALETHA L. MU 14
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(SEAL)
0 " A L" L.L.OV-LULIULI
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: I EXEMPT
Space above this line for Recorder's Use
The undersigned grantsr(s) declare(s): Assessor's Parcel No. 21 5-020-21
Documentary transfer tax is $Q&Q Project No. t? Name PR 3.4.295
( ) 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 - . ._ " ~- ~~ ~~~ ~~ ~~ ~ -~
GRANT DEED OF EASEMENT -
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
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 temporary .construction in conjunction wifh publjc, street and public utility purposes over, under, upon and across sald real roperty as descr~bed In Exh~b~t "A" consisting of one page, attached hereto and made a part hereof. gxhibit "6" consist~ng of one page is attached for clarity only.) It is understood that said easement is temporary and shall terminate upon completion of construction of Cassia.
DATED:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On before me,
(here insert name and title of officer), personally
appeared I
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand and official seal.
(Name of Company)
By:
(Signature)
Name:
(Type or Print)
Title:
, (Type or Print)
By:
(Sicmature)
Name:
(Type or Print)
Title:
(Type or Print)
Signature
N:\MASTERS\FORMS\GRNTDEED.FRM Rev.
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EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENTS
P.R. 3.4.295
BEING A PORTION OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 23,
TOWNSHIP 12 SOUTH RANGE 4 WEST SAN BERNARDINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 23; THENCE ALONG THE EASTERLY LINE
THEREOF, NORTH OOO33'26" EAST, 239.47 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY LINE, SOUTH 38"34'48" EAST, 28.52 FEET; THENCE
SOUTH 29'46'38 EAST, 23.43 FEET; THENCE SOUTH 25"3841" EAST, 10.47 FEET;
THENCE SOUTH IO"38'12" EAST, 16.49 FEET; THENCE SOUTH 56'10'32" EAST, 2.42
FEET; THENCE SOUTH 89'55'53" EAST, 5.00 FEET; THENCE NORTH 25'09'00'' EAST,
6.87 FEET; THENCE NORTH 36"04'39 EAST, 19.17 FEET; THENCE NORTH 40"04'00"
EAST, 35.50 FEET; THENCE NORTH 36'11'35'' EAST, 23.34 FEET; THENCE NORTH
47'51'10 EAST, 46.43 FEET; THENCE NORTH 59'2618 EAST, 20.15 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 330.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 38'26'21" WEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 00°58'59" A DISTANCE OF 5.66 FEET; THENCE NORTH 45'53'55" EAST, 25.57
FEET; THENCE NORTH 53"29'32" EAST, 21.57 FEET; THENCE NORTH 59"3930" EAST,
17.04 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL 2 OF PARCEL MAP NO.
1188, FILED IN THE OFFICE OF THE COUNTY RECORDER DECEMBER 20,1972; THENCE
ALONG SAID SOUTHERLY LINE NORTH 89"32'48" WEST, 19.53 FEET; THENCE LEAVING
SAID SOUTHERLY LINE, SOUTH 53O42'08" WEST, 23.57 FEET; THENCE SOUTH 4533'55'
PAGE 1 OF 3
:DA \\PCSERVERUvlAPPINGVegals\l751\008 Poinsettia HilRA04.doc WO 1751-8 8/19/97
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WEST, 25.66 FEET; THENCE SOUTH 58'05'54" WEST, 25.01 FEET; THENCE SOUTt
47"51'10" WEST, 48.46 FEET; THENCE SOUTH 36"11'35" WEST, 24.02 FEET; THENCE
SOUTH 40'42'55" WEST, 45.41 FEET; THENCE NORTH 28"24'16 WEST, 36.77 FEET;
THENCE NORTH 38'34'48' WEST, 41.58 FEET TO A POINT ON THE EASTERLY LINE OF
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23;
THENCE ALONG SAID EASTERLY LINE, SOUTH 00'33'26" WEST, 15.84 FEET TO THE
TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.068 ACRE MORE OR
LESS.
PARCEL 2
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 23; THENCE ALONG THE EASTERLY LINE
THEREOF, NORTH OOO3326" EAST, 3.63 FEET; THENCE LEAVING SAID EASTERLY LINE,
NORTH 53"31'06" EAST, 21.83 FEET; THENCE NORTH 00"00'00" EAST, 8.52 FEET;
THENCE NORTH 69'00'00" EAST, 6.29 FEET; THENCE NORTH 50'23'29' EAST, 47.07
FEET; THENCE NORTH 44'30'00 EAST, 28.42 FEET; THENCE NORTH 36'59'10" EAST,
33.18 FEET; THENCE NORTH 27'34'26" EAST, 57.89 FEET; THENCE NORTH 31'47'14''
EAST, 36.28 FEET; THENCE NORTH 14'22'18'' EAST, 5.22 FEET; THENCE NORTH
41 "1 6'16' EAST, 37.15 FEET; THENCE NORTH 49'47'1 I" EAST, 41 .I5 FEET; THENCE
NORTH 54'00'00" EAST, 27.43 FEET; THENCE NORTH 62'40'30" EAST, 41.96 FEET;
THENCE NORTH 72'01'01'' EAST, 29.11 FEET; THENCE NORTH 75'23'52" EAST, 33.17
FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 280.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH
06"35'00" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 02'02'46" A DISTANCE OF 10.00 FEET; THENCE
SOUTH 04"32'14" EAST, 10.00 FEET; THENCE SOUTH 77'22'40 WEST, 41.03 FEET;
THENCE SOUTH 72'01'01'' WEST, 28.00 FEET; THENCE SOUTH 62'40'30'' WEST, 40.39
FEET; THENCE SOUTH 54'00'00 WEST, 26.30 FEET; THENCE SOUTH 49'47'1 1" WEST,
40.03 FEET; THENCE SOUTH 38'17'27'' WEST, 37.96 FEET; THENCE SOUTH 31"47'14"
WEST, 37.62 FEET; THENCE SOUTH 27'34'26" WEST, 58.25 FEET; THENCE SOUTH
PAGE 2 OF 3 :DA \\PCSERVERWAPPING\Legals\l751\008 Poinsettia HilRA04.doc WO 175 1-8 811 9/97
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36"59'10" WEST, 34.58 FEET; THENCE SOUTH 44"30'00" WEST, 29.59 FEET; THENCE
SOUTH 50"4634" WEST, 50.23 FEET; THENCE SOUTH 00"00'00" EAST, 6.69 FEET;
THENCE SOUTH 53"31'06" WEST, 19.61 FEET; THENCE NORTH 89'32'48l WEST, 11.82
FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.107 ACRE MORE OR
LESS.
1 $9 lY- 43-
DANA MICHAEL SEG~IN L.S. 6215
-
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 3 OF 3
:DA \\PCSERVERWPPING\Legals\1751\008 Poinsettia HilM04.doc
WO 1751-8 8/19/97
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INDICATES TEMPORARY CONSTRUCTION EASEMENT
DE!)ICATION PLAT - CITY OF CARLSBAD
APPLICANT : PREFARED BY PROJECT: A.P.N.:
WESTERN PACIFIC HOUSING 2385 CAWINO VIDA ROBLE 2 1 5-020-
SUITE 6107 CARLSBAD. CA 92007 >ANA MICH& SfWIN LS.6215 EASEMENT (619) 929-1600 EXPIRES 3/31 198 EXHIBIT
/dL 79/9 TEMPORARY
CONSTRUCTION
??-3A.?95
m W ~ ~~~~ -
’ RECORDING REQUESTED BY I
AND WHEN RECORDED, PLEASE MAIL TO:
City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
Space above this line for Recorder’s Use
The undersigned grantor(s) declare(s): Assessor’s Parcel No. 21 5-020-21
Documentary transfer tax is $m Project No. & Name PR 3.4.295
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
( ) Unincorporated area: (x) City of Carlsbad, and
encumbrances remaining at time of sale.
GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real p.roperty in the City of Carlsbad, County of San Diego, State of California: an ea! for publlc street and publlc utlhty urposes over, under, upon and across sald real property as described in E consistin of two pages, attache hereto and made a part hereof. (Exhibit “8” consisting of one page is attai clarity on y.) B a
DATED:
STATE OF CALIFORNIA )
COUNTY OF SAN DlEGO )
On before me,
___~ ~~ ~~~~ ~
(here insert name and title of officer), personally
appeared 7
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand and official seal.
(Name of Company)
By:
(Signature)
Name:
(Type or Print)
Title:
(Twe or Print)
By:
(Sicmature)
Name:
(Tvpe or Print)
Title:
(Type or Print)
Signature
N:\MASTERS\FORMS\GRNTDEED.FRM R
e a-. .
d
EXHIBIT “A”
LEGAL DESCRIPTION
P.R. 3.4.295
BEING A PORTION OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 23
TOWNSHIP 12 SOUTH RANGE 4 WEST SAN BERNARDINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A STRIP OF LAND 50.00 FOOT WIDE LYING 20.00 FEET SOUTHEASTERLY ANC
SOUTHERLY AND 30.00 FEET NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 23; THENCE ALONG THE SOUTHERLY LINE
THEREOF, NORTH 89’31’30 WEST, 188.00 FEET TO A POINT OF CUSP WITH A 300.00
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT
BEARS SOUTH 00’28’30 WEST; THENCE LEAVING SAID SOUTHERLY LINE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THOROUGH A CENTRAL ANGLE OF
38’49’41” A DISTANCE OF 203.30 FEET TO A POINT ON THE EAST LINE OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23, A
RADIAL LINE TO SAID POINT BEARS SOUTH 38”21’11” EAST, SAID POINT BEING THE
TRUE POINT OF BEGINNING, SAID POINT BEARS NORTH OOO33’26“ EAST, 66.29 FEET
ALONG SAID EAST LINE FROM THE POINT OF COMMENCEMENT; THENCE CONTINUING
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14”34’40” A
DISTANCE OF 76.33 FEET; THENCE NORTH 37’04’09” EAST, 100.98 FEET TO THE
BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 53’23’03” A DISTANCE OF 279.52 FEET TO A POINT ON
THE SOUTHERLY LINE OF PARCEL 2 OF PARCEL MAP NO. 1188, FILED IN THE OFFICE
OF THE COUNTY RECORDER DECEMBER 20, 1972; THENCE ALONG SAID SOUTHERLY
LINE SOUTH 89’32’48” EAST, 140.97 FEET TO A POINT ON THE WESTERLY RIGHT-OF-.
WAY LINE OF CASSIA ROAD AS DESCRIBED IN FlNAL ORDER OF CONDEMNATION
RECORDED APRIL 12, 1996, DOCUMENT NUMBER 1996-0181733 OF OFFICIAL
RECORDS, SAID POINT BEING THE POINT OF TERMINUS.
:DA M:\Legals\1751\008 Poinsettia HillMO1.DOC
PAGE 1 OF 2
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THE SIDELINES OF SAID 50.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE WESTERLY IN THE EASTERLY LINE OF THE NORTH
WEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23,
NORTHEASTERLY IN THE SOUTHERLY LINE OF PARCEL 2 OF SAID PARCEL MAP NO.
1188 AND THE WEST LINE OF CASSIA ROAD PER SAID FINAL ORDER OF
CONDEMNATION.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.524 ACRE MORE OR
LESS.
”&-”- s-7- 9 3
JOHN W. HILL, JR. L.S. 5669
rn &? VJ. HI( %
L.S. 5669
\ Exp. 9/30/99/- 1 \t/ %W+$
*OFCAL\@
- HUNSAKER & ASSOCIATES SAN DIEGO, INC.
. PAGE 2 OF 2
:DA M:\Legals\1751\008 Poinsettia HillWO1.DOC WO 1751 -8 5/7/97
1. m - ? R Off S a4588
'PARCEL 2 PM QQ88
CASSIA ROAD PER CONDEMNATION RECORDED 4/12/96 DOC# 1996- 0181733 OF O.R.
A-53" 23 ' 03 '
NOTE: THEPE ARE NO EXISTING BUILDINGS 7 WITHIN THE PROPOSED DEDICATION
PLANNING - ENGINEERING - SrJRRYEy7Nc
10179 HUENNEENS STREET - SAN IIIECO. CA 92121
(619) 558-4500 - FAX (619) 558-74Y4
DEDICAllON PLAT - CIM OF CARLSBAD
APPLICANT :
,% &#,-?- 5-7 CASSIA ROAD 21 5-020-:
2385 CAMINO VIDA ROBLE
PREPARED 13Y: PROJECT: A.P.N.: 1 WESTERN PACIFIC HOUSING
SUITE 1107 CARLSBAO. CA 92007 EXHIBIT (619) 929-1600
~OHN w. HILL, EXPIRES: 9/30/99 PR.3.4.295
w w -
RECORDING REQUESTED BY I AND WHEN RECORDED, PLEASE MAIL TO:
City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
Space above this line for Recorder’s Use
The undersigned grantor(s) declare(s): Assessor’s Parcel No. 21 5-020-21
Documentary transfer tax is $m Project No. & Name PR 3.4.295
( ) 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
~~
GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
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 slopes constructed in conjunction with public street.and public utility pur oses over, under, upon and across sard real pro erty as d.escrrbed rn Exhlbit “A” conslstln of one page, a tached hereto and made a art hereof. (Exhibit “k’ con:;istlng of one page is attached for c arlty on1 .) Reserving unto owner: of the a 1 ove-described parcel of land,. their successors or assjgns, .the rlghts a any time to remove suct slopes or portions thereof upon removlng the necesslty for malntalnlng such slopes or portions thereof o upon provldin in lace thereof other ade uate lateral support, the design and construction of which shall bf first approved%y t/e City of Carlsbad, for 9 he protection and support of said roadway.
b P
DATED:
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO )
On before me, -
(here insert name and title of officer), personally
appeared
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(iesl1, and that by his/her/their signature(s) on the instrumenit the person@), or the entity upon behalf of which the
person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature
N:\MASTERS\FORMS\GRNTDEED.FRM
(Name of Company)
By:
(Signature)
Name:
(Type or Print)
Title:
(Tvpe or Print)
By:
(Sicmature)
Name:
(Type or Print)
Title:
(Type or Print)
R
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EXHIBIT "A"
LEGAL DESCRIPTION
SLOPE EASEMENTS
P.R. 3.4.295
BEING A PORTION OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 23,
TOWNSHIP 12 SOUTH RANGE 4 WEST SAN BERNARDINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL I
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 23; THENCE ALONG THE EASTERLY LINE
THEREOF, NORTH OOO33'26" EAST, 239.47 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY LINE, SOUTH 38'34'48" EAST, 28.52 FEET; THENCE
SOUTH 29°46'381 EAST, 23.4.3 FEET; THENCE SOUTH 25'38'41" EAST, 10.47 FEET;
THENCE SOUTH 10'38'12" EAST, 16.49 FEET; THENCE SOUTH 56'10'32" EAST, 2.42
FEET; THENCE SOUTH 89'55'53" EAST, 5.00 FEET; THENCE NORTH 25'O90Of EAST,
6.87 FEET; THENCE NORTH :36'04'391 EAST, 19.17 FEET; THENCE NORTH 40'04'00"
EAST, 35.50 FEET; THENCE NORTH 36'11'35" EAST, 23.34 FEET; THENCE NORTH
47'51'10" EAST, 46.43 FEET; THENCE NORTH 59'2618' EAST, 20.15 FEET TO A POINT
HEREINAFTER REFERRED TO AS POINT "A", SAID POINT BEING THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 330.00
FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 38'26'21" WEST; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
14O29'30" A DISTANCE OF 83.4:7 FEET; THENCE SOUTH 37'04'09" WEST, 100.98 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 270.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 09'13'48" A DISTANCE OF 43.50 FEET TO A POINT ON
THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SAID SECTION 23; THENCE ALONG SAID EASTERLY LINE, NORTH 00'33'26" EAST,
133.1 1 FEET TO THE TRUE POINT OF BEGINNING.
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THE HEREINABOVE DESCRIBSED PARCEL OF LAND CONTAINS 0.095 ACRE MORE OR
LESS.
PARCEL 2
COMMENCING AT THE HEREINABOVE DESCRIBED POINT "A" IN PARCEL I, SAID POINT
BEING ON THE ARC OF A 330.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; A
RADIAL LINE TO SAID POINT BEARS NORTH 38'26'21" WEST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
OOO58'59 A DISTANCE OF 5.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 45'53'55" EAST, 25.57 FEET; THENCE NORTH 53'29'32'' EAST, 21.57 FEET;
THENCE NORTH 59'39'30 EAST, 17.04 FEET TO A POINT ON THE SOUTHERLY LINE OF
PARCEL 2 OF PARCEL MAP NO. 1188, FILED IN THE OFFICE OF THE COUNTY
RECORDER DECEMBER 20, 1972; THENCE ALONG SAID SOUTHERLY LINE SOUTH
89032"~ EAST, 15.18 FEET -ro AN INTERSECTION WITH SAID 330.00 FOOT RADIUS
CURVE, A RADIAL LINE TO SAID POINT BEARS NORTH 24°10'00" WEST; THENCE
LEAVING SAID SOUTHERLY LINE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE: OF 13'17'22" A DISTANCE OF 76.54 FEET TO THETRUE
POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.007 ACRE MORE OR
LESS.
PARCEL 3
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 23; THENCE ALONG THE EASTERLY LINE
THEREOF, NORTH OOO33'26" EAST, 3.63 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY LINE, NORTH 53'31'06" EAST, 21.83 FEET; THENCE
NORTH 00'00'00'' EAST, 8.52 FEET; THENCE NORTH 69'00'00" EAST, 6.29 FEET;
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THENCE NORTH 50'23'29" EAST, 47.07 FEET; THENCE NORTH 44'30'00" EAST, 28.42
FEET; THENCE NORTH 36'59'10 EAST, 33.18 FEET; THENCE NORTH 27'34'26l EAST,
57.89 FEET; THENCE NORTH 31'47'14" EAST, 36.28 FEET; THENCE NORTH 14'22'18"
EAST, 5.22 FEET; THENCE NORTH 41 "1616' EAST, 37.15 FEET; THENCE NORTH
49'47'1 1" EAST, 41 .I5 FEET; THENCE NORTH 54'00'00' EAST, 27.43 FEET; THENCE
NORTH 62'40'30'' EAST, 41.96 FEET; THENCE NORTH 72'01'01" EAST, 29.1 I FEET;
THENCE NORTH 75'23'52" EAST, 33.17 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 280.00 FEET, A RADIAL LINE
TO SAID POINT BEARS NORTH 06°35'00" WEST; THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 46'2051" A DISTANCE OF
226.50 FEET; THENCE SOUTH 37'04'09" WEST, 100.98 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 320.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE 17'24'47" A DISTANCE OF 97.25 FEET TO A POINT ON THE EASTERLY LINE OF
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23;
THENCE ALONG SAID EASTERLY LINE, SOUTH 00'33'26' WEST, 37.46 FEET TO THE
TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCREED PARCEL OF LAND CONTAINS 0.151 ACRE MORE OR
LESS.
7"qF&,/ /- - 8-/6f" f+
DANA MICHAEL SEdlrlN L.S. 6215
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 3 OF 3
:DA \\PCSERVERWIAPPINGVegals\l751\008 Poinsettia HilMObdoc WO 1751 -8 8/19/97
w [PARCEL 2 PM mw.3 SHtLl 1 Kl INDICATES SLOPE EASEMENT
HUNSAKER & ASSOCIATES SAN DIEW, INC.
3IEGL3, Cd 921zI
WESTERN'PACIFIC HOUSING
SLOPE EASEMENT
CARLSBAD. CA 92007 (6 19) 929- 1600
1"""""