HomeMy WebLinkAbout1974-05-07; City Council; Resolution 3419b
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RESOLUTION NO. 341 9
A RESOLUTION OF THE CITY COUNC OF THE
CITY OF CARLSBAD, CALIFORNIA AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
QUITCLAIM DEED INVOLVING A STORM DRAIN
EASEMENT NO LONGER REQUIRED BY THE CITY -
WHEREAS, a storm drain easement exists in the City of Carlsbac
10 feet in width, described in Exhibit "A" attached hereto and by
this reference incorporated herein; and
WHEREAS, this storm drain easement is no longer required by
the City;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the Mayor and City Clerk are hereby authorized ,o
execute a quitclaim deed in the form shown on Exhibit
"A",
in favor of La Costa Pacific Development Company.
attached hereto and incorporated herein by reference,
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the 7th day of May I
1974, by the following vote, to wit:
AYES : Counci Frazee, Chase, PtcCo!nas and Lewis
NOES : None
ABSENT : None
ATTEST:
MARGXRET E. ADAMS, City Clerk By: NORA K. GARDINER, Deputy City Clerk
( SEAL)
..
Cler-k,,.Soard of Directors
Sari Ilicgo Counry Flood Coiiirol District
1600 Pacific iiighway
Sail Diego, Califania 92 10 i
SPACE ABOVE roil RECORDER'S USE ONLY
For and in consideiation of ...... .......: ............... .............................. Dollar .......... (S ...j.,f).O .................... ........)
................................... ..TH.?...cXn...liF. ..CAR.&%Wi?lP., . .3.. Htu n.t .GhW.S.. .C~...Pitr.R.r3.:7.tsD ......................................................
and other good and valuable considerations, the receipt wkerecf is hereby acknowiedged, the undersigned,
...............................................................................................................................................................................................
hereinafter designated Grantor does hereby grant, bargain, sell, convey and release unto the San Diego
County Flood Control Disrrict, Zone ................ f ............., herein designated Grantee. its succes'sors and assigns
a perpetual easement and right of way upon, through, under, over, across, and along the herein described
real property for the itistaliaticn, construction, maintenance. repair, replacement, reconstruction and in-
spection of a drainage channel and all structures incidental thereto, and for the flowage of any waters in,
upon, through, under, ovcr, across and along said charinel, together with the right to ingress and egress
upon, through, under, over, across and along the herein described reai property. Grantee shall have a
perpetual right to remove buildings, structures, trees, bushes undergrowth, and any other obstruction inter-
fering with the use of said easement and right of way by the Grantee, its successors or assigns and in addition
thereto, to remove soil 2nd other inateriais within sa.id right of way and to use the same in such manner and
at such locations as said Grantee may deem propcr, needful or necessary in the construction, reconstruction
and maintenance of said drainage channei or structws incidenia! thereto. To hatie and to hold said ease-
ment and right of way unto itself and unto its successors and zssigns forever together with the right to convey
said easement, or any portion of said easement, to other public agencies.
The real property referred to hereinabove and made subject to said easement and right of way by this grant
is situated in the Coilnfy of San Diego, State of California, and is pariiculariy described as foilows:
Parcat 7fb-0478 A (4-8-74) 4 1
That portion of: Bot 272 of Carlsbad Tract 240. CV 72-20,'' In the City of
Carlsbad, County ~f San Diego, State of Gafifornia, accorefFng to klap thereof No. 7779, f!l[ed In the Office of ths Recorder sf said CQUC~~,
as dercriibed in deed to said City sf Carlsbad, recorded Oetcber 2G9 1973
in the Offlc5 of the Rzcop.de.r of said County, 3s File/Page NQ, 73-3029685,
defcPfb8d as follows:
9
R.P.0. FORM 7
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-- i!-;e Graniee shall ha\.~ t!;c righr to feiice all or any portio;: of said easement herein cor:veyed within which
ihxc is installcd or constructed a drZ.iilag,c channel 0;' incicien:al structcre. Thc Grantee, its SUCC~SSO~S and assigns, shall be responsib!e foi operating, maintaining. and keeping in good repair the above described
vv*orks of' improvement, bul will not be heid responsibic for any damages incurred within the confines of
said casement. excopt as caused by the act or omission of the Grantee.
The Grantor, his successars aid sssigns. rcicrves the right to enclose in a macner approved by the Grantee, its successors md assigns, any portion of a drainage chaniiei provided such enclosure is constructed or in- stalied by a licensed contractor in accordance with p!aris and specificaLions approved by and to the satisfac- tion of the Craniee, its successors and assigns. In gra!?:ing its approval the Grantee, its successors arid
assigns may impose reasonabte Conditioi1.s inc!uding, but not iimited to, the'i Filing by the contiactor or
Grantor of an adequate performance bond to guzrantee completion of the work.
There is reserved to the Grantor. his heirs and assigns, the right and privilege to use' the above described
!and of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and
erijoyment by the Grantee, its successors and assigns, or" the rights and privikges herein granted.
IN WITNESS WHEREOF, the Grantor has executed this instrument on this.&.h ..... day of ..... &Xjf ........., I!?..-&%
CJ)' ........................................................................................... ................................................ ....................................
...........................................................................................
........................................... .i ....... i.. .................................... _, ... 4 !r .
~p,. * I .a
J:~fi:I;l.,~ I I
TO 449 C
(Corporation)
Initrumcnt on hehdf of t\;e corporation therein named, and acknow;edged to me that such corpi-ration executed the within instmrncnt pursuant to its hy-laws or R resolthn of its hoard
of directors.
VXE'IiESS ny hand and official sea?. --
Xame (I'ypd or Printed)
(This :rea for oRcial notarial seal)
pic in and €or
d to the within
s
n Diego Coimty
cepted on behalf
of said Board I thorized officer.
i 1
By ............................................................................................................ K. 3. Pflimlin, Director, Real PropeFty Division ............................................................ Date