The URL can be used to link to this page

Home My WebLink About1997-09-02; City Council; Resolution 97-596* II e e 1 2 3 4 5 RESOLUTION NO. 97-596 , 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 BLACK RAIL ROAD NORTH OF AVIARA PARKWAY PROJECT AND DECLARING THE PUBLIC NECESSITY THEREOF. 6 WHEREAS, the City of Carlsbad, California, proposes to improve Black Rail Road n 7 of Aviara Parkway extending to the future alignment of Poinsettia Lane in the City of Carlsl 8 hereinafter referred to as "the project"; and WHEREAS, the project requires the acquisition of certain real property and real prol: 9 interests; and 10 WHEREAS, the real property or interests therein are required for street and ot 11 purposes and are required for the project; and 12 WHEREAS, the City of Carlsbad may exercise the right of eminent domain for acquisition of real property or interests therein for street and other purposes pursuan 13 14 California Government Code Sections 37350 and 37350.5; and 37353; and 15 WHEREAS, the real property or interest therein sought to be acquired for the propc " project are located within the territorial limits of the City of Carlsbad; and 17 WHEREAS, the real property or interests therein sought to be acquired are necessap 18 the proposed project; and 19 WHEREAS, the plans for the project in the City of Carlsbad are on file with the 20 Engineer of the City of Carlsbad, California; and 21 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 tc acquired; and 22 23 WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad, offered to the owners of said real property or interests therein the full amount established as 24 25 compensation for said real property sought to be acquired; and 26 Ill 27 Ill 28 /I/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 WHEREAS, the City of Carlsbad, California, has provided said owners of said property or interests therein a written statement and summary of the basis for the amc established as just compensation for the real property or interests sought to be acquired; and WHEREAS, a reasonable length of time has expired since the date of the offer to 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 WHEREAS, the property and interests therein hereinafter described are being acqu for a compatible joint use pursuant to California Code of Civil Procedure Section 1240.510; ar WHEREAS, on June 16, 1993, the Planning Commission of the City of Carlst pursuant to the provisions of the California Government Code, Section 65402, found that proposed location, purpose, and extent of the project is consistent with the City of Carls General Plan; and WHEREAS, on November 9, 1993, pursuant to California Public Resources Code Sec 21000 and following, the City Council of the City of Carlsbad, California, certified Environmental Impact Report for the project; and WHEREAS, pursuant to the provisions of California Code of Civil Procedure, Sec 1245.235, the owners of the real property sought to be acquired whose names and addres appear on the current equalized County Assessment Roll, have been sent a Notice of lntentio Adopt a Condemnation Resolution, and have been provided with an opportunity to appear ano heard on the matters referred to in California Code of Civil Procedure, Section 1240.030; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlst: California, which finds, determines, and hereby declares: 1. The public interest and necessity require the proposed project. 2. The proposed project is planned and located in a manner which will be rr compatible with the greatest public good and the least private injury. 3. The real property or interests therein, hereinafter described in this Resolution, necessary for the proposed project. 4. The proposed project is a matter of public necessity. I// Ill ll 0 0 1 5. The use of all and each and every part of said hereinafter described real prop 2 3 or interests therein for the use and purpose of the proposed project is a public use and a authorized by law. 6. The public interest and necessity require that the real property or interests the1 4 hereinafter described in this Resolution, be taken. 5 BE IT FURTHER RESOLVED, by this City of Carlsbad, that the law firm of Asaro, Kei Freeland and McKinley, hereinafter referred to as “Special Counsel” be and is authori; empowered, and directed, in the name of the City of Carlsbad, to acquire by donation, purch: * or condemnation, in accordance with the provisions of the Code of Civil Procedure of the Stat 9 California relating to eminent domain, the hereinafter described interest in real property; 6 7 10 To prepare and prosecute in the name of the City of Carlsbad such suit or suits in 11 12 proper court having jurisdiction thereof as are necessary to condemn, take, and acquire ! hereinafter described real property, or any part thereof, for the proposed project; 13 To make an application to said court for an order determining the amounts of money tc deposited as security for the payment of the just compensation which will be made for the tak 14 15 16 17 18 19 20 21 22 23 24 25 26 27 of the real property or any part thereof, or interests therein necessary for the proposed pro, and any damage incident thereto, and to make application to said court for an order permit the City of Carlsbad to take immediate possession of and to use said real property and 1 thereof, or interest therein, sought to be condemned for the proposed project; Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 28 Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 The real property and interests in real property referred to in this Resolution are situ; in the City of Carlsbad, County of San Diego, State of California, and are more particul described in Exhibit 1, 2 and 3 attached hereto. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City COL held on the 2nd day of September , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENWNZ, City Clerk (SEAL) w 0 RECORDING REQUESTED BY I AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 I MAIL TAX STATEMENTS TO: EXEMPT Space above this line for Recorder's Use The undersigned grantor@) declare(s): Assessor's Parcel No. 21 5-080-1 7 Documentary transfer tax is $o.oO Project No. t? Name PR 3.4.283 ( ) 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 property in the City of Carlsbad, Coun of San Die 0, State of California: an easement for public street and public utility purposes over, un 2 er, upon an B across said real pro erty as described In Exhlblt uy conslstln of one page, attached hereto and made a part hereof. Exlibit "B' consisting of one page IS attached 3 or clarity only. 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) idare 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 hisiherltheir signature@) 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. Signature N:\MASTERS\FORMS\GRNTDEED.FRM (Name of Company) By: (Signature) Name: (Type or Print) Title: (Type or Print) By: (Signature) Name: (Type or Print) Title: (Type or Print) Exhibit 1 to Res 97-396 Rev w 0 EXHIBIT “A” LEGAL DESCRIPTION OF BLACK RAIL ROAD MOORE PARCEL PR. 3.4.283 THOSE PORTIONS OF PARCEL 3 AND 4 (DEDICATION PARCELS) DESCRIBED HEREIN LYING WITHIN PARCELS 1 AND 2 (OWNERSHIP PARCELS) DESCRIBED HEREIN. PARCEL I (OWNERSHIP PARCEL) THE NOZTHERLY 180.00 FEET OF THE WESTERLY 257.00 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDJNO BASE ANC MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. PARCEL 2 (OWNERSHIP PARCEL) THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAK BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAh DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBEC AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 22; THENCE NORTHERLY ALONG THE NORTH-SOUTH CENTER LINE OF SAID SECTION 22, NORTH 2’18’55” WEST, 1041.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89’55’47’’ EAST 250.00 FEET; THENCE SOUTH 0’04’13” WEST TO THE SOUTH LINE OF SAID NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE WESTERLY ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF SAID NORTH HALF: THENCE NORTHERLY ALONG SAID NORTH-SOUTH CENTER LINE OF SECTION 22 TC THE TRUE POINT OF BEGINNING. EXCEPTING THAT PORTION LYING NORTHERLY OF A LINE DESCRIBED AS FOLLOWS: PAGE 1 OF 3 :DA \\PCSERVERWIAPPING\Legals\1611\004\RMOORE.doc WO 161 1-4 6/5/97 W e BEGINNING AT A POINT ON THE EAST LINE OF THE ABOVE DESCRIBED LAND WHICH IS DISTANT THEREON SOUTH 0’04’13” WEST 350 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE NORTH 87”51’ WEST 235.93 FEET TO THE NORTH-SOUTH CENTER LINE OF SECTION 22. PARCEL 3 (DEDICATION PARCEL) A STRIP OF LAND 60.00 FEET WIDE WITHIN SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 21, 1890, LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22 SAID POINT BEARS SOUTH OO”OO’14” EAST, 2377.59 FEET (SOUTH OO”33’33” WEST, 2377.60 FEET PER R OF S MAP NO. 14608) FROM THE NORTH QUARTER CORNER OF SECTION 22 AS SHOWN AND DESCRIBED ON RECORD OF SURVEY MAP NO. 14608, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 11, 1994 SAID CORNER BEING MONUMENTED BY A 2 INCH IRON PIPE MARKED “L.S. 6287” SAID SOUTH QUARTER CORNER ALSO BEARS SOUTH 02’02’03’’ EAST, FROM A 2” IRON PIPE STAMPED “L.S. 3189 1/2M AHR 1979”, SAID 2” IRON PIPE LIES NORTH 89’57’43” EAST, 2550.1 9 FEET (SOUTH 89‘28’34’’ EAST, 2550.23 FEET PER R OF S MAP NO. 14608) ALONG THE SOUTH LINE OF RANCHO AGUA HEDIONDA PER MAP NO. 823 RECORDED NOVEMBER 16,1896, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FROM A 2” IRON PIPE STAMPED “L.S. 4525 AHR S21 S22 T12N R5W CC 1980” MARKING THE NORTHWEST CORNER OF SAID SECTION 22; THENCE LEAVING SAID SOUTH QUARTER CORNER OF SECTION 22, ALONG SAID LINE WHICH BEARS SOUTH 02”02’03” EAST, FROM SAID 2” IRON PIPE STAMPED “L.S. 3189 1/2M AHR 1979”, NORTH 02”02‘03” WEST (NORTH OI”28’00” WEST PER RECORD OF SURVEY MAP NO. 14630, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 25, 1994), 2259.90 FEET TO A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23’35’22” A DISTANCE OF 123.51 FEET TO A POINT ON THE SOUTH LINE SAID RANCHO AGUA HEDIONDA, SAID PAGE 2 OF 3 :DA \\PCSERVERWIAPPING\Legals\l611\004RMOORE.doc WO 161 1-4 6/5/97 w 0 POINT BEARS SOUTH 89’57’43” WEST (SOUTH 89”28’34” EAST PER R OF S MAP NO 14608), 25.09 FEET FROM SAID 2” IRON PIPE STAMPED “L.S. 3189 1/2M AHR 1979. THE SIDELINES OF SAID 60.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OF EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF SAID SECTIOb 22 AND NORTHERLY IN THE SOUTH LINE OF SAID RANCHO AGUA HEDIONDA. AREA EAST OF THE HEREIN DESCRIBED CENTERLINE CONTAINS 0.151 ACRES MORE OR LESS; AREA EAST OF THE NORTH-SOUTH CENTERLINE OF SAID SECTION 22 PER RECORD OF SURVEY 14608 CONTAINS 0.046 ACRES MORE OR LESS. PARCEL 4 (DEDICATION PARCEL SLOPE EASEMENT) A STRIP OF LAND 5.00 FEET WIDE, THE EASTERLY LINE OF WHICH IS PARALLEL WITH AND 5.00 FEET EASTERLY OF THE EASTERLY SIDELINE OF THE HERE1NABOVE DESCRIBED PARCEL 3. + .-k. + L-3“ 97 - JOHN W. HILL, JR. L.S. 5669 HUNSAKER B ASSOCIATES SAN DIEGO, INC. HBA BLACK RAIL FILE NO. 118 CHICAGO TITLE ORDER NO. 993061-50 PAGE 3 OF 3 :DA \\PCSERVER\MAPPING\Legals\l611\004\RMOORE.doc WO 1611-4 6/5/97 w A PORTION OF SECTION\dK OWNSHIP "u- Y11U J JJVJ~WCCI I vr A 12 SOUTH, RANGE 4 WEST, S.E.M. 2" IRON PIPE MARKED 'LS. 6287' N 1/4 CORNER PER R.O.S. 14608 I* e[o 1 QQ4AR 2"I'p. TlZN RSW 198 2"I.P. AHR v 1/2u AIRPORT 25.09' 1379 N89.59'33-E 84.29' (S89'28'34"E 2550.23') N89'57'43'E 2550.19' d r S. LINE RHO. AGUA HEDIONDA R"IO AGUA HEDIONC " N6Y22'35'Ew I " >-d c 60' DEDICATION & N-S CENTER SECTION LINE PER R.O.S. NOS. 584. 4772. 4773. 5715. 6269, 10774. 12096,& 14630. N-S CENTER SECTION LINE PER R.O.S. NO. 14608 A=2335'22" R=300' L= 123.5 1 ' '. I -,- ,. CI r. .. e.. , -. C' ,w, .*LIP , WCINITY MAP NO SCALE BASIS OF BEARII THE BASIS OF BEARINGS FOR THIS EX1 THE NORTHERLY LINE OF "DESCRIPTION AS SHOWN ON R.OF S. 5715, I.E. N71 r. I. .-. -,-a I.. I c.. ' ,. , , .I r-, , , *e, ,*e I #I It,, .. ,to/ I , -, -. ." , I -/ .*I.- >I 'I 2 FOR EASEMENT INFORMATI LEGEND vd INDICATES STREET DEDICATION - [-I INDICATES SLOPE EASEMENT " ( ) INDICATES RECORD DATA PER R OF S MAP NO. 14608 B c -I> so HLJNSAKER & ASSOCIATES SAN DIECO, INC. * Exp. 9-30- NO. 5665 PUNNING - ENGINEERING - SURVEYING 10178 HUENNEKENS STREET - SAN DIAEO, CA SP1Zt (61s) 558-4500 - FAX (618) 5S8-1414 "rc QF' CALIF DEDICATION PLAT - CITY OF CARLSBAD APPLICANT : 06/05/97 * 1611 \RMOOREI.DWG * r"=200' * 1611-3 MOOR1 EXIIIEIT PR 3.4.283 EXPIRES: 9/30/99 CORONA, CA 91 719 JOHN W. HILL. JR. L.S. 5669 SUITE 150 GREYSTONE HOMES A.P.N.: PROJECT: PREPARED BY: 495 EAST RINCON, 21 5-080- 1 9 4k-A t 3-77 I. w 01 acc1 L VT L : 9 8 r, *g Ny 2% k % s Q Id L -" PARCEL 2 """" - 11 - PARCEL I I I - i MOORE 275-080-77 " - @ EXIST. 30' EASEMENT TO F. AYRES & SON COPR. REC. 8-26-60 F/P 174500, O.R. EXIST. 20' ESAEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT, REC. 8-14-61 F/P 139572, O.R. @ EXIST. 12' EASEMENT TO SDGBcE REC. 6-24-65 @ EXIT. 6' EASEMENT TO SDGBtE REC. 3-31-66 @ EXIT. 30' EASEMENT TO CARLSBAD MUNICIPAL @ EXIST. 30' EASEMENT TO F. AYRES & SON COPR. @ EXIT. 30' EASEMENT TO GORDON D. OLTON AND F/P 113018. O.R. DOC. NO. 54149, O.R. WATER DISTRICT, REC. 1-5-77 F/P 77-003537, O.R. REC. 10-10-60 F/P 202177, O.R. MARY JANE OLTON, REC. 5-25-66 F/P 87070, O.R. NOT TO SCALE c HUNSAKER & ASSOCIATES SAN DIECO, INC. * Exp. 9-30-3' B 4-l NO. 5669 PLANNING - ENGINEERING - SURVEYING 10179 HUENNEKENNEKENS STREET - SAN DIECO. CA 92121 (619) 558-4500 - FAX (619) 558-1414 % & CALI DEDICATION PLAT - CIN OF CARLSBAD APPLICANT : A.P.N.: PREPARED BY: PROJECT: GRNSTONE HOMES 215-080-1 7 495 EAST RINCON, SUITE 150 CORONA, CA 9171 9 EXHIBIT EXPIRES: 9/30/99 PR 3.4.283 5/15/97 * ?6?? \MOORE.ZDWG * I *=ZOO' * 1671-3 MOORE _I - RECORDING REQUESTED BY l e AND WHEN RECORDED, PLEASE MAIL TO: I 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 grantor(s) declare(s): Assessor’s Parcel No. 21 5-070-1 0 Documentary transfer tax is !$m Project No. & Name PR 3.4.290 ( ) 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 property in the City of Carlsbad, County of San Diego, State of California: an easement for public street and public utility purposes over, under, upon and across said real property as described in Exhibit “A” consisting of two (2) pages, attached hereto and made a part hereof (Exhibit “B” consisting of two (2) pages is attached for clarity only); together with access rights in and to Black Rail Road from those parcels as described in Instrument recorded July 21, 1958 in Book 7174 page 298 and Instrument recorded February 19, 1993 as document number 1993-0105125 of official records. 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 satisfactow evidence) to be the person(s) whose name(s) islare 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. (Name of Company) By: (Signature) Name: (Type or Print) Title: (Type or Print) By: (Sicmature) Name: (Type or Print) Witness my hand and official seal. Title: Signature (Type or Print) N:\MASTERS\FORMS\GRNTDEED.FRM Re\ Exhibit 2 to Resolution 97-1 W 0 EXHIBIT “A” LEGAL DESCRIPTION OF BLACK RAIL ROAD SAN DlEGUlTO NATIONAL BANK PARCEL PR 3.4.290 THAT PORTION OF PARCEL 2 (DEDICATION PARCEL) DESCRIBED HEREIN LYING \ PARCEL 1 (OWNERSHIP PARCEL) DESCRIBED HEREIN. PARCEL 1 (OWNERSHIP PARCEL) THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER C SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WES’ BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIF( ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 17, I! PARCEL 2 (DEDICATION PARCEL) A STRIP OF LAND 60.00 FEET WIDE, WITHIN SECTION 22, TOWNSHIP 12 SOUTH, RA WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN I STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SI APPROVED SEPTEMBER 17, 1915, LYING 30.00 FEET ON EACH SIDE OF THE FOLL( DESCRIBED CENTERLINE: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22 SAID POINT I SOUTH 00’00’14” EAST, 2377.59 FEET (SOUTH 00’33’33’’ WEST, 2377.60 FEET PER R OF NO. 14608) FROM THE NORTH QUARTER CORNER OF SECTION 22 AS SHOWh DESCRIBED ON RECORD OF SURVEY MAP NO. 14608, FILED IN THE OFFICE OF THE C( RECORDER AUGUST 11, 1994 SAID CORNER BEING MONUMENTED BY A 2 INCH IRO! MARKED “L.S. 6287” SAID SOUTH QUARTER CORNER ALSO BEARS SOUTH 02’02’03’’ FROM A 2” IRON PIPE STAMPED “L.S. 3189 112M AHR 1979”, SAID 2” IRON PIPE LIES b 89’57’43” EAST, 2550.19 FEET (SOUTH 89O28’34” EAST, 2550.23 FEET PER R OF S ME 14608) ALONG THE SOUTH LINE OF RANCHO AGUA HEDIONDA PER MAP NO. 823 RECO~ PAGE I OF 2 N:\MASTERS\FORMS\GRNTDEED.FRM Rev. v 0 NOVEMBER 16,1896, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FRC 2” IRON PIPE STAMPED “L.S. 4525 AHR S21 S22 T12N R5W CC 1980” MARKINC NORTHWEST CORNER OF SAID SECTION 22; THENCE LEAVING SAID SOUTH QUI CORNER OF SECTION 22, ALONG SAID LINE WHICH BEARS SOUTH 02’02’03’’ EAST, SAID 2” IRON PIPE STAMPED “L.S. 3189 1/2M AHR 1979”, NORTH 02”02’03” WEST (b 01°28’00” WEST PER RECORD OF SURVEY MAP NO. 14630, FILED IN THE OFFICE 0 COUNN RECORDER AUGUST 25, 1994), 2259.90 FEET TO A TANGENT CURVE COP WESTERLY HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG THE AI SAID CURVE THROUGH A CENTRAL ANGLE OF 23’35’22” A DISTANCE OF 123.51 FEE1 POINT ON THE SOUTH LINE SAID RANCHO AGUA HEDIONDA, SAID POINT BEARS : 89’57’43” WEST (SOUTH 89’28’34’’ EAST PER R OF S MAP NO. 14608), 25.09 FEET FROh 2’’ IRON PIPE STAMPED “L.S. 3189 112M AHR 1979”. THE SIDELINES OF SAID 60.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTE SO AS TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF SAID SECTION 2; NORTHERLY IN THE SOUTH LINE OF SAID RANCHO AGUA HEDIONDA. AREA WEST OF THE HEREIN DESCRIBED CENTERLINE CONTAINS 0.228 ACRES MOI LESS; AREA WEST OF THE NORTH-SOUTH CENTERLINE OF SAID SECTION 22 PER RE OF SURVEY 14608 CONTAINS 0.455 ACRES MORE OR LESS. -5L W/k% 8”zi5Crc, JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. H&A BLACK RAIL FILE NO. 124 CHICAGO TITLE ORDER NO. 991767-52 PAGE 2 of 2 N:\MASTERS\FORMS\GRNTDEED.FRM Rev. \y w LEGAL DESCRIilION SHEET 1 OF 2 ! PAlOMR A PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST. S.B.M. AIRPORT 600 RANCHO AGUA HEDIONDA I 89'59'33-E 84.29' LINE RHO. AGUA HE0 YICINITY MAP q 60' DEDICATION k N-S ( SECTION LINE PER R.O.S. h 584. 4772, 4773, 5715, 6: 10774, 12096.k 14630. N-S CENTER SECTION LINE R.O.S. NO. 14608 NO SCALE OGlERN BLUFF P- " SAN DiEGlJiTO NAnONAL BANK PARCEL 1 215-070- 10 ".".I * * C. ..,.I , . .a&- I0 -r, .a . . ,. -t .- +- I 8 8 *. 1118 , , 8 e- c- 0. " # 0.. . 0, 0, .a&- .0 .... . ,-e- *- C- l 8 ## ##*, # # -" LIGOURI; 0- Ilhlz) -EN 215-070-09 .a'/, , C. r.. . eZa INDICATES STREn DEDICATION I INDICATES SLOPE EASEMENT ( ) INDICATES RECORD DATA FROM ROS 14608 SEE SHE^ 2 FOR EASEMEW INFORMATION . . . . . . . . . . PUNNING - ENGINBERING - SURVEYING 10170 MIENNEKENS STREET - SAN DIEGO, CA 82121 (618) 558-4500 - FAX (618) 558-1414 DEDlCATlON PLAT - CllY OF CARISBAD APPLICANT : I PREPARED BY: I PROJECT: I A.P.N.: .. GRNSTONE HOMES 495 EAST RINCON, J/OHN W. HILL, JR. L.S. 5669 SUITE 150 +L4A 9 r/s*y;7 PR 3.4.290 EXHIBIT CORONA, CA 91 719 EXPIRES: 9/30/99 05-15-97 ~~\RSDNBI.DWG * l~=zoow = mr-3 SAN DlEGUlTO NATIONAL BAI 2 1 5-070- 10 I. v SHEET 2 OF 2 5 -" " SAN DIEGUITO NAnONAL BANK PARCEL 1 215-070-10 (NO BUILDINGS) """" """""_ -T 3 - """- """""_ - -\+ - - I A EXIST. 30' EASEMENT " - EXIST. 12' EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT, REC. 11-6-61, F/P 192019, O.R. """"""" -"""" "- ' TO n CARLSBAO MUNICIPAL WATER DISTRICT \ I REC. 7-21-58, BK 7174, PAGE 302, OR \ PARCl 7- IY NOT TO SCALE c @ J', * Exp. 9-30-99 HUNSAKER & ASSOCIATES SAN DIEGO. INC. NO. 5669 PLANNING - ENGINEERING - SURVEYING 10179 HUENNEKEm STREET - SAN DIB. CA 92li?l 44b CNSfd (619) 658-4600 - FAX (619) 558-1414 DEDICATION PLAT - ClM OF CARSBAD APPLICANT : I PREPARED BY: I PROJECT: I A.P.N.: GREYSTONE HOMES 495 EAST RINCON, ~HN w. HILL, ;R. LS. 5669 SUITE 150 % &/A% f-f ,597 PR 3.4.290 EXHIBIT CORONA, CA 91719 EXPIRES: 9/30/99 2 1 5-070- 1 0 ' .05- 15-97 1611 \SDN82DwG b 1 "=ZOO' 1617-3 SAN DIEGUITO NATIONAL BA w 0 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: I EXEMPT Space above this line for Recorder’s Use The undersigned grantor(s) declare(s): Assessor’s Parcel No. 21 5-070-1 0 Documentary transfer tax is $m Project No. & Name PR 3.4.290 ( ) 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 propert in the City of Carlsbad, County of San Diego, State of California: an easement for slopes constructel in conjunction with public street and public utility purposes over, under, upon and across sald real ro ert as described in Exhlbit “A” consisting of two (2) pages, attached hereto and made a part hereof. (&hlh ‘6’’ consisting of two (2) pages IS attached for clarrty only.) Reserving unto owners of the above-described parcel of land, their successors or assigns, the rights at any time to remove such slopes or portions thereof upon removing the necessity for maintaming such slopes or portions thereof or upon providin in lace. thereof other adequate lateral support, the design and construction of which shall be flrst approvetby ke City of Carlsbad, for the protection and support of said roadway. 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: (Signature) Name: (Type or Print) Title: (Type or Print) Signature N:\MASTERS\FORMS\GRNTDEED.FRM Rev Exhibit 3 to Resolution 97-5 w 0 EXHIBIT “A” LEGAL DESCRIPTION OF BLACK RAIL ROAD SAN DlEGUlTO NATIONAL BANK PARCEL PR 3.4.290 (SLOPE EASEMENT) THAT PORTION OF PARCEL 3 (SLOPE EASEMENT) DESCRIBED HEREIN LYING \i PARCEL I (OWNERSHIP PARCEL) DESCRIBED HEREIN. PARCEL I (0 WNERSHIP PARCEL) THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER a SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WES’ BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIF( ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED SEPTEMBER 17,Il PARCEL 2 (DEDICATION PARCEL) (FOR REFERENCE ONLY) A STRIP OF LAND 60.00 FEET WIDE WITHIN SECTION 22, TOWNSHIP 12 SOUTH, RA WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN 1 STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SI APPROVED SEPTEMBER 17, 1915, LYING 30.00 FEET ON EACH SIDE OF THE FOLL( DESCRIBED CENTERLINE: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22 SAID POINT I SOUTH 00’00’14” EAST, 2377.59 FEET (SOUTH OO”33’33” WEST, 2377.60 FEET PER R OF NO. 14608) FROM THE NORTH QUARTER CORNER OF SECTION 22 AS SHOWP DESCRIBED ON RECORD OF SURVEY MAP NO. 14608, FILED IN THE OFFICE OF THE C( RECORDER AUGUST 11, 1994 SAID CORNER BEING MONUMENTED BY A 2 INCH IROl MARKED “L.S. 6287” SAID SOUTH QUARTER CORNER ALSO BEARS SOUTH 02”02’03” FROM A 2” IRON PIPE STAMPED “L.S. 3189 112M AHR 1979”, SAID 2” IRON PIPE LIES I 89’57’43” EAST, 2550.19 FEET (SOUTH 89’28’34’’ EAST, 2550.23 FEET PER R OF S MI 14608) ALONG THE SOUTH LINE OF RANCHO AGUA HEDIONDA PER MAP NO. 823 REC( NOVEMBER 16,1896, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FRI PAGE 1 OF 2 N:\MASTERS\FORMS\GRNTDEED.FRM Rev w 0 2” IRON PIPE STAMPED “L.S. 4525 AHR S21 S22 T12N R5W CC 1980” MARKING THE NORTHWEST CORNER OF SAID SECTION 22; THENCE LEAVING SAID SOUTH QUI CORNER OF SECTION 22, ALONG SAID LINE WHICH BEARS SOUTH 02’02’03’’ EAST, SAID 2” IRON PIPE STAMPED “L.S. 3189 1/2M AHR 1979”, NORTH 02°02’03” WEST, (Nl OIo 28’00” WEST PER RECORD OF SURVEY MAP NO. 14630, FILED IN THE OFFICE C COUNTY RECORDER AUGUST 25, 1994), 2259.90 FEET TO A TANGENT CURVE COI WESTERLY HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY ALONG THE A SAID CURVE THROUGH A CENTRAL ANGLE OF 23’35’22” A DISTANCE OF 123.51 FEE’ POINT ON THE SOUTH LINE SAID RANCHO AGUA HEDIONDA, SAID POINT BEARS ! 89’57’43’’ WEST (SOUTH 89’28’34” EAST PER R OF S MAP NO. 14608), 25.09 FEET FRO1 2” IRON PIPE STAMPED “L.S. 3189 1/2M AHR 1979”. THE SIDELINES OF SAID 60.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTl SO AS TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF SAID SECTION 2: NORTHERLY IN THE SOUTH LINE OF SAID RANCHO AGUA HEDIONDA. AREA WEST OF THE HEREIN DESCRIBED CENTERLINE CONTAINS 0.228 ACRES MO LESS; AREA WEST OF THE NORTH-SOUTH CENTERLINE OF SAID SECTION 22 PER Rt OF SURVEY 14608 CONTAINS 0.455 ACRES MORE OR LESS. PARCEL 3 (DEDICATION PARCEL SLOPE EASEMENT) A STRIP OF LAND 10.00 FEET WIDE, THE WESTERLY LINE OF WHICH IS PARALLEL WIT 10.00 FEET WESTERLY OF THE WESTERLY SIDELINE OF THE HEREINABOVE DESC PARCEL 2. 8 -28 -97 P JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. H&A BLACK RAIL FILE NO. 124 CHICAGO TITLE ORDER NO. 991767-52 N:\MASTERS\FORMS\GRNTDEED.FRM PAGE 2 OF 2 Rev -. -2QAq w @ Y LEG& u&aGflJll)l(JN SHEET 7 OF 2 2 A PORTION OF SECTION 22. TOWNSHIP 12 SOUTH. RANGE 4 WEST. S.B.U. \NRPORJ 0 200 400 ** 600 RANCHO AGUA HEDIONDA 2' IRON PIPE MARKED 'LS. 628774 1/4 CORNER UNE RHO. AGUA HEU % 60' DEDICATION & N-S ( SECTION UNE PER R.O.S. h 504. 4772, 4773, 5715, 6: 10774, 12096,dc 14630. N-S CENTER SECTION LINE R0.S. NO. 14608 VICINITY MAP NO SCALE om BLm PhmlmmmP -" 215- 070- 16 SAN DIEGUITO NAnONAL BANK 215-070- 10 ** r-c , , CI. a,# , -r, .0 * t ,, -t .* *- I 0 8 -- I### 1 0 8 .*.- .* ." " 0. -r. *. . I. 0, .0&- .* 0 ,.e,. ,"- .."I I ,, ,,,I , , -" uwm* 0' Awl mmm 215-070-09 BASIS OF BEARINGS a THE NORTHERLY UNE OF 'DESCRIPTION NO. 4' THE BASIS OF BEARINGS FOR MIS EXHIBIT IS As SHOWN ON R.OF S. 5715. I.E. N71'35'51'E. c. , .a* C- c, . *. P8 #VI ."&, , m INDICATES STREET DEDICATION 0 .......... INDlCATfS SLOPE EASEMENT ( ) INDICATES RECORD DATA ROM ROS 14 PUNNING - RNGINERRING - SURVEYING 10178 HVSNNSKEM STREAT - SAN DISCO, c1( S419J (61s) 668-4600 - FAX (61s) 568-1414 1- I GREYSTONE HOMES 495 EAST RINCON. SUITE 150 CORONA, CA 91 71 9 DEDICATION PLAT - CITY OF CARLSBAD PREPARED BY: A.P.N.: PROJECT: -&A 9 rrs*Lf;* 2 1 5-070- 7 0 J/OHN W. HILL. ;R. LS. 5669 EXHIBIT PR 3.4.290 EXPIRES: 9/30/99 05-15-97 * 161 I \RSDNBl.DK * ?-=ZOO' 1611-3 SAN DlEGUlTO NATIONAL E I '* -7 - 0 SHEET 2 OF 2 - " -" EXIST. 12' EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT, REC. SAN DIEGUITO NA 77ONAL BANK 11-6-61, F/P 192019, Q.R. 215-070-10 PARCEL 1 (NO BUILDINGS) """" """"""""""" - - """- ""-"""""""""" " .I B -" " EXIST. 30' EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT REC. 7-21-58, BK 7174, PAGE 302, OR IY I NOT TO SCALE c 47 B * Exp 9-30-9! HUNSAKER & ASSOCIATES S' DIECO, INC. NO. 5669 PLANNING - ENGINEERING - SURVEITNG (61s) 658-4SOO - PAX (619) 5M-1414 tom HUENNAWENS STREET - SAN DI~. CA ana %P GqL\ DEDICATION PLAT - CIW OF CARLSBAD APPLICANT : GREYSTONE HOMES PREPARED BY: 495 EAST RINCON, CORONA, CA 91719 &HN SUITE 150 W. HILL, ;R. LS. 5669 p R 3.4.290 EXHIBIT I PRoJECT: A.P.N.: A/ /.A 3 f-/ I"-? '7 21 5-070- 10 EXPIRES: 9/30/99 .05-15-97 * 1611 \SDNBz.DwG lm=200' ?6??-3 SAN DIEGUITO NATIONAL Rl