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HomeMy WebLinkAbout1976-12-07; City Council; 3498-3; CT 75-2 Unit 1 Carlsbad Meadows Quitclaim 15' Drainage EasementCITY OF CARLSBAD AGENDA BILL NO. 3498 - Supplement #3 DATE: December 7, 1976 DEPARTMENT; Engineering Initial: Subiect:CT 75-2, Unit #1 (Carlsbad, Meadows) QUITCLAIM OF 15' DRAINAGE EASEMENT Statement of the Matter Sommers Development Corporation has requested the City to Quitclaim a fifteen foot (15') drainage easement dedicated to the City on the final map of the subdivision. The Engineering and Utilities/Maintenance Departments report that the easement is not needed; therefore, it is recommended it be quitclaimed. EXHIBITS: A) - B) , C) - D) ' Letter requesting quitclaim Resolution No. tfbyy Corporation Quitclaim Deed Location Map. RECOMMENDATION ; That the City Council adopt Resolution quitclaiming a 15 foot drainage easement across Lots 25 and 35 of Carlsbad Meadows, Unit No. 1. Council action 12-7-76 Resolution #4048 was adopted, quitclaiming a 15 foot drainage easement. BUILDING ENTERPRISES \ BOX 1754 RANCHO SANTA FE. CALIFORNIA 92O67 TELEPHONE 714 756-3283 October 26, 1976 City of Carlsbad Carlsbad, California Re: Drainage Easement Carlsbad Meadows Unit Gentlemen: You are hereby requested to relinqish that certain easement for Public Drainage Purposes per deed recorded August 11, 1976 as document No. 76-258359, due to the fact that the drainage design has been changed and this easement will no longer be required to serve this subdivision. Very truly yours, SOMMERS DEVELOPMENT CORP. RECEIVED OCT 2 5 1976 CITY Or CArtLSBAQ Engineering Department 1 4 EASEMENT 5 8 9 10 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE QUITCLAIM OF A 15' EASEMENT ON LOTS 25 and 35 OF CARLSBAD TRACT CT 75-2 AND AUTHORIZING THE MAYOR TO EXECUTE A CORPORATION QUITCLAIM DEED OF SAID WHEREAS, there is no need by the City of the fifteen foot (15') easement across a portion of Lots 25 and 35 of Carlsbad Tract CT 75-2; and WHEREAS, the owner of said Lots 25 and 35 has requested the City to quitclaim said fifteen foot (15 ') drainage easement; 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 Council determines the quitclaim to be in the public interest 3. That the Mayor is hereby authorized to execute a Corporation Quitclaim Deed of said fifteen foot (15 ') drainage easement on behalf of the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 7th day of December f 1975 by the following vote, to wit: AYES: Councilmen Frazee, Packard, Skotnicki and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ROBERT C. FRAZEE 27 2Q ATTEST: 29 30 Councilwoman Casler NOES: None ABSENT: Councilman Lewis MARGARET E. ADAMS,<City Clerk 31 (SEAL) EXHIBIT "B1 RECORDING REuUFSTED b V City of Carlsbad AND WHEN RECORDED MAIL TO rn0m. City of Carlsbad ~i SlfK>ti'"l 1200 Elm Avenue :i£o* , Carlsbad, California .92008 . L_ _J MAIL TAX STATEMENTS TOr nMom. Sommers Development Corp. Jd™,' P. O. Box 1754 c»fo* Rancho Santa Fe, CA 92008 ^~—iratiors SPACE ABOVE THIS LINE FOR RECORDER'S USE. TO 192O CA ( 7-74 )THIS FORM FURNISHED EY TICOR TITLE INSURERS The undersigned grantor(s) declare(s): Documentary transfer tax is $ nil ( ) 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 FOR A VALUABLE CONSIDERATION, receipt of which is herehy acknowledged, The City of Carlsbad, a corporation organized under the laws of the state of hereby REMISES, RELEASES AND QUITCLAIMS to Sommers Development Corporation the following described real property in the City of Carlsbad, County of San Diego , State of California: An easement for public drainage purposes 15 feet in width lying 7.50 feet on each side of the following described center line: Beginning at the most westerly corner of Lot 25 of Carlsbad Tract .CT 75-2, Map Number 8358, thence south 28° 58' 30" east 7.50 feet to the TRUE POINT OF BEGINNING; thence north 61° 01' 30" east 141.73 feet to the centerline of that 75.00 foot wide ease- ment described in deed to the San Diego Gas and Electric Company, recorded June 1, 1953 in Book 4874, Page 148 of Official Records. The sidelines of said drainage easement shall be prolonged or shortened to terminate at the centerline of said San Diego Gas and Electri Company easement and at the easterly boundary line of Sierra Morena Avenue. All as shown for convenience sake on Attachment "A" attached hereto and made a part hereof. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by its Mayor >3*&K&ift and City Clerk ; thereunto duly authorized. . CITY OF CARLSBAD, Dated: Dprpmhpr 7, 1976 a Municipal Corporation STATE OF CALIFORNIA COUNT; On before me, the under- By_ By 4, a Notary Piibjic in and for said State, personally appeared known ulont, and known to me to be of the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within Iristru ment pursuant to its by-laws or n resolution of its hoard of directors. WITNESS my hand and official seal. Signature Mayar ITy CTefrt OFFICIAL SEAL NORA K. GARDINER NOTARV PUBLIC-CALIF PRINCIPAL OFFICE IN SAN DIEGO COUNfy . \ MY COMMISSION EXPIRES MM. 25. 1980 / (Till* ill1* fur iifflrlal li"l>rlnl Til!.' Onln _.l'',siTow or i.oan Ni MAIL TAX STATEMENTS AS DIKMfCKD ABOVE PEL}? DE^D fiEC.ORVKLl AS &OC . HO ATTACHMENT "A"