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Home My WebLink About1976-12-07; City Council; 2241-2; CT 73-36, UNIT NO. 1 |EL CAMINO PORTALS| QUITCLAIM OF 5' WATER EASEMENT ON LOT 47.u 0 CITY OF CARLSBAD - e AGENDA BILL NO. 2241 .- SUPPLEMENT NO. 2 Initial : Dept. Hd.& C. Atty.,.-. C. Mgr. ; December 7, 1976 DATE : DEPARTMENT: Engineering Subject: CT 73-36, Unit No. 1 (El Camino Portals) QUITCLAIM OF 5' WATER EASEMENT ON LOT 47 - - ___ Statement of the Matter The owners of Lot 47, CT 73-36, have requested the City quitc the five foot (5') water easement across their property (see Exhibit "A") . The Parks Department and Utilities/Maintenance Department rep( it be quitclaimed. there is no need for the easement; therefore, it is recommend< EXHIBITS: A) B) Resolution No. 45LfS C) Corporation Quitclaim Deed D) Location Map Letter from owner ryuesting quitclaim RECOMMENDATION: - That City Council adopt Resolution No .~dlf~authorizing Mayor to execute a Quitclaim Deed of subject easement. Council action 12-7-76 Resolution P4945 was adopted, authorizing the Mayor to exec the Quitclaim Deed (of subject easement. , 0 0 .. MEMORANDUM - November 24, 1976 TO : Public Works Administrator FROM : City Engineer SUBJECT: Lot 47 of CT 73-36 (Woodbine) Quitclaim of 5 ' Water Easement The existing 5' public water easement is not needed by the City. There are no public utilities in the easement and none are proposed. The easement was inadvertently left on the Tract Map when it recorded. The developer to the east, Amos Sommers of Carlsbad Meadows, CT 75-2, ha5 proposed using the easement for a private water line to irrigate the slopes of his subdivision. Since it is inappropriate for private waterlines to be in public easements the Engineering Department will notify Mr. Sommers that a private easement must be obtained. It is therefore recommended the 5' water easement be quit- claimed as the owners of Lot 47 have requested. Tim Flanagan City Engineer TCF : ms 0 e - ,.* 4440 La Portalada Drive Carls,bz;d, CA 520G8 August 15, 1976 City of Carlsbad 1200 Elm hvznue 1-1 Carlsbad, CA 92008 ktt;entiont Timothy C ~'l~~zg~n~ T.E, Ci-iy Engineer i:{ E c Q 1 tT - LUG 1 6 1976 .'i iY br CF?,RLS] Dear Mr. Flanagan, C ngirewi ng Depari We are the owners of Lot 47 cf Carlsbad Tract 73-35, in the City of Carisbad, County of Sac Diego, State of California, 2cc:crding to Xap thereof 190. 8006, filed in the office of the County Recorcier of San Diego County, kusust IgP 1974. Subsequent to our purchase, moving in, and landscaping, we became aware of a water line ezse~ent ovec the Southeasterly 5.00 feet of the Lot 47 as cedicatcd to the City of Carlsbad and shown on said tract zap. up:3n coritact.i>g the city regarding the rsx+er, we xGre aivisc that a ten'-l&tive ;lap for ",he developrr!ent of <he pro~crty bejci:?d. us to t?',e Ezst had been filed an6 if the develoser we? ahead with the aevelcFrrent, he would be bringhg in water frc -the Soi?t;'!, so thzt Fri all gro-pzbiilty the easenent iliocld nevt releasing it. This c:carr?ing we roticed the start of cevelopmc in the are, anjp acc.c,rdirgly, the pury;ose cf this letter is request ikzt ";he easri:.sr;_t k? q)~itclaiaed, ?;e ~1s. \$e v.naersiana that it i~2s %he City's intezliion to abandon thl easement on iot, 47 some the sgo when ethers in the sioodkirre Subdivision '+:ere abanconed and that the esement contimes tc shew OR the map through iradvertence. 'fie are ajvised ngw that the developer wishes to use the eESD -hut we do not feel that kie would suffer an injustice if it 1; and would n0-l be deprived of anything he would hZVe had if T easemen^l; had been rerrcvea from the map as ine City inienaek. pic, line has been ins+allea ifi t.he EZC,~:II:~~:~ and we u~5erszzr:d -,hat 110 _oayment has be?^ ~..z& f~r th~ iy:s~ell~tio~ 05 zF.~ ;~ne v;h.ich we $,elleve is lozkeG,. be used, LTL(-j at +;-at b- +-'?To L,L..L- WE could seek a quitclaim deed - cui-tclaimeci to x:. ~.:e wiil :rave 211 alternative SOUTCE: of w -. .. pi.E viill cc!r.,~.inly a2;r:cizte ycur sfforts in r~g;zr*c! tc this _c A& A,:o.~ker ar,d would very xack like to be advised of any develoF 2f~ect;ino .-# OUT ir?";erests, S im erely , ,--- ,- ,, '> .~ -. ' _- . ,, ,I ., ------- .- - -------- - f --:l:.ss~~1 .?. ScEK- . I. - I3 ? I. a, 3 4 5 61 7 8I 10 9/ l3 12 XI 14 15 16 11 3.8 19 20 21 22 23 24 25 26 27 . GB 29 30 ' 31 32 a 0 II 1. RESOLUTZOI\? NO. 404-5 I --- A RESOLUTIOW OF EIE CPTiY COUIJCII, OF TI-I.E CIT~Y OF CP~RLISB~~D, CALIFORNIA, APL'ROVI NG THE QULTCL_T',IM OF A 5' TRACT CT 73-36 AP!D ~AT;YIIORIZINC TIlll b~YOi.1 TO V?ATE:R EASEIL~E~~T ON LOT 47 OF CAIiLSBAD E x E c TJT E A c o RP o WJ T I ox Q u I TC LA 1: N DE 1;: r> OF EA s E ME ITY -__ ------------- -_-- _- --__--.._,_____I WTICRZAS, there is YIO need by the City of the five foc 1 (5' ) water eauzment across the souti~eastcrly portio11 of ~ot 47 of C&rl.sbnd Tract CT 73-36; and WHEREAS, the owners of said Lot 47 have requested tlle -. Nopa, T~IE3EFOX~ /. EE IT EESOEVi<lj By the Cj.-i-.y Counci.1 of City to qui-tclaim said ,177e ri'oot (5') -c.,:al;er easn_K:-nt; i the C:i-t.>7 of Carl-sha.2. as foil.c;.i.:s:. 1. 2. th? publlc interes-k ~ 3. That t.he a1:iove ~~ecitatloj?~ are t.rile and correct That the Council ckttcrrxines the qul.tclc.,<.lr, to he .i I 1 I , coxyo~ation cpi.tcla.im deed. of s2;i-d fi\ie :fooi: (5 t ) water e35;c Tiltit the !+.>'or is hereby 2yithoy:ized to ex~cu.~c~ 2 071 beFm2.f 03 the City,. PASSED, APPRO I j ;D $Q<D ADOP':FED at z regulaj: irieetiny of . Carlsbad Ciky Council held on the 7th day cf December , 19' by tlie fo~.~.o;sing vote, to i,-it: i ; AYES: Counci 1w:n Fr.-'-' n~ee ~ Packard, Si:otIn.i ck-i and Couiici 1 ~oi:i~n Cas1 er NOES : 14 5 i? e ABSENT: Councilman Lewis l?&.Jy- ( ~ -, 7 ,./(,''& ./-< p ROBEiiT C - FRAZ%E, ltla$or- ATTEST: */( /' /,f&C4L / . 1- F Qfi,, by-7 MARGAR FT E. ADAMS, city Clerk (SEAL) r R rcci rr ii; ~4 G F? r:Q ii ILS-I:: D a\p a CITY OF cAmmiri . hI<U VIMCh, RtC0SDLl.r 1-?,'.:L YO i -- 1 It,:,,* city of CarLsh2d A4Jtcrr ShP! 1-200 ElIn Avenu.e 0 c; C’W i -?- -. _- ~ - -- ‘3 /ri - ‘? I, h \J \ -- - -. \ 2 I e . . ATTLCHi.liEI\TT “At’ M -- .- ., + 0 ,dl 1, i -a ~~ _.--. \:> .- (.+y '-- . ' Q 0% 4' >> I .. .miia ~iac W'W -&wsMRrm ' .u=- --rp / \ -x-+ , . ,. .... .... . - ... .,.... .-. . ... . 3 ,272" /J 2 RECORDING REQUESTED BY . Frank C. Springer 0331 . 334 Ivy Lane . * Fallbrook, Ca. 92028 AND WHEN RECORDED MAIL TO rCity Clerk 1 State L i r 1 Ncme Street City of Carlsbad Address 1200 Elm Avenue City h Carlsbad, Ca. 92008 MAIL TAX STATEMENTS TO Name Dorothy R. Richardson Street & Frances T. Hopkins Addrerr 1540 & 1602 Cassidy St. F~LL/P~,*Z~ ;igG-$ ELCF, 1c:'ifj RE c 05, I; E 0 6 : c ti E s f a L5.C I.- SPACE ABOVE THIS LINE FOR RECORDEGS u e 0 =! B r! Pi 8 2, E VlB z i q ZC CZ < 42 n rn -4 0 0 5 r 7 =im zY D -I P& = cz n 0 SO s- u zu 000 (D -- 5: 8 8 zc 3u QW 9) 0; $2 I-z '-I 0;i Pm =m 3. i? E rn> S 4 +z 0, m '0 m I W + 0 0 I =i -0 r D PK 0 8 2- 130 8 zc j' 5 P UP 3 zY zjm =m 0-I 2% mrn i-z p CZ Q? % 4 +2 n s- CD -- QU 9) U :.E3 (Do0 Dm '-I ;xl 3 :zm r" W I 0 rn m =! 4 D Bk i 2, E VlP p : :Ern Ilc CII .( 42 n m b I . 332 0 ~%tl I 8 17 "AQ ., PARCEL I: All that portion of Lot 62 of Sauth Oceanside, City of Oceanside, County of San Diego,.State of California, according to Map thereof No. 622, filed in the Office of the County Recorder of San Diego County, February 7, 1890, desciibed as follows: Beginning at the most Easterly corner of said Lot 62; thence Southwesterly along the Southeasterly line of said Lot, a distance of 162.50 feet, more or less, to the most Easterly corner of the land described in deed to C.A. Kettersan, et ux, recorded August 6, 1948, in Book 2900, Page 437 of OffFcial Records; thence Korthwes terly along the Northeasterly line of said Ketteman' land, 388.00 feet, more or less, to a point in the Southeasterly line of tine land described in deed to William P. Cole, et ux, recorded April 30, 1942, in Book 1331, Page 309 of Official Records; thence Northeasterly along said Southeasterly line of Cole's land to and along the Southeasterly line of the land described in deed to Alice B. Phelps, recorded September 14, 1932, in Book 150, Page 424 of Official Records, a distance of 162.50 feet, more or less, to a point in the Southcesterly line of Hicks Street; thence South- easterly along the Southwesterly line of Hicks Street, 388.00 feet, more or less, to the' Point Of Beginning. PARCEL 2: That portion of Tract 62 of Hotaling Lands, in the City of Oceanside, County of San Diego, State of California, according to Map thereof N~:,1717, filed the Office of the County Recorder of San Diego County, April 16, 1921, and r the Northeasterly One-Half of Hicks Street, adjoining said Tract on the Southwest vacated, and also that Dortion of Lot 62 in South Oceanside, in tl City of Oceanside, County of Szn Piego, State of California, according to If: County, February 7, 1890, and of the Southwesterly One-Half of Hicks Street adjoining said Lot on the h'orthea% vacated, described as a whole as follow1 Beginning at the most Easterly corner of said Lot 62 of South Oceanside; thc Korthwesterly along the Northeasterly line of said Lot, a distance of 388.01 feet, more or less, to the rnost L'ortherly corner of the land described in tl deed to James F. Richardson, et ux, recorded November 22, 1948 in Book 3024, Page 293 of Official Records; thence Northeasterly along the Kortheasterly prolongation of the Korthwesterly line of said Richardson's land, 40.00 feel to the center line of Hicks Street, as shown on said Map; thence Southeastei along said center line, 58.00 feet, more or less, to an intersection with tl Southwesterly prolongation of the Northwesterly line of the Southeasterly One-Half of Tract 62 of Hotalfng Lands, es shown on said Map No. 1717; then Kortheasterly along said prolongation and along said Korthwesterly line, a distance of 130.00 feet; thence Southeasterly, parallel with the Northeaste line of said'Hicks Street, a'distance of 225.00 feet, more or less, to the liortheasterly corner-of the land described in the deed to Fred Toepel, reco along the Korthwesterly line of Toepel's land, a distance of 90.00 feet to Southwesterly line of said Tract 62; thence Southeasterly along said Southw line, 105.00 feet to the most Southerly corner of said Tract 62; thence SOU westerly, 80.00 feet, to the Point Of Beginning. Also shown for convenience sake on attachment "A", attached here and made a part hereof. thereof No. 622, filed in the Office of the County Recorder of San Diego June 24, 1946 in Book 2162: Page 350 of Official Records; thence Southweste __ 1 j?bl -w; 333 0 w.- - I I 4 ** -. - -?f H ALE Y .- 0.- -. . 4-gxdt - -- - -- c- . tAS51DY - CASSlDY 2 -- I--% I "" I 63375 rZ3' 44. Ire '"5 -li 40 ?'I :p., d < :;$ ($. 3. OU/;rCLH/W or H d 1 THE C/7YOF OcIzQM, r $3 ;7- I* it /t7@//n/ E/GMi'-OF LU4 I CA L /FO&P./?3 (32. % ++*.. 1":: ,4 +, anwchW€/1\/T "44 s- 3 om ! % j$ -553 -3 .. I* . v w v CERTIFICATION -_---__-____ I, NORA K. GARDINER, Deputy City Clerk of the City of Carlsbad, California, do hereby certify that this is a true and correct copy of the original Corporation Quitclaim Deed from the City of Carlsbad to Dorothy R. Richardson, an unmarried woman (Parcel 1) and Frances T. Hopkins, a widow (Parcel 2); which document was recorded by the County Recorder of San Dieqo on June 10, 1976 and identified in the Recorder's Office as File/Page 76-178227. NORA K. GARDINER Deputy City Clerk DATED: June 22, 1976