HomeMy WebLinkAbout1977-04-19; City Council; 5026; WATERLINE EASEMENT QUITCLAIM - PORTION OF TRACT 218, THUM LANDS, MAP 1681, IN THE CITY OF CARLSBAD7 S m /- > *<
/ x -@ CITY OF CARLSBAD
AGENDA BILL NO. 50 ~~6 Initial:
DATE : April 19, 1977 Dept. EdJ- -
C. Atty. - e,
DEPARTl.1F,NT : Engineering c. filgr. +, --I
Subject: WATERLINE EASEMENT OUITCLAIM - PORTION OF TRACT 218 ,
THUM LANDS, Map 1681, IN THE CITY OF CARLSBAD
Statement of the Matter
The City, via the Carlsbad Mutual Water Company, via the South
Coast Land Company, has an undefined area water pipeline easemt
over a portion of Tract 218, Thum Lands, in the City of Carlsbl
See Exhibit 1.
The.easement is presently not in use and there is no future nec
for the easement. The owners of the overlying parcel of land
have requested that the easement be quitclaimed. Their reques.
is reasonable.
EXHIBITS :
1. Sketch showing easement
2. Memo from Utilities/Maintenance Department
3. Copy of Quitclaim Deed for information
RECOMMENDATION :
Approve a motion authorizing the Mayor to execute a Quitclaim
Deed for a waterline easement over a portion of Tract 218,
Thum Lands, in the City of Carlsbad.
Council action
4-19-77 Nayor Frazee was authorized to execute a Quitclaim Deed fo
waterline easement over a portion of Tract 218, Thurn Lands
In the City of Carlsbad.
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MEMORANDUM - April 5, 1977
TO : Engineering Department
FROM: Utilities/Maintenance Director
SUBJECT: Quitclaim of Waterline Easement Over a Portion
of Tract 218, Thum Lands, Map No. 1681
The City of Carlsbad no longer maintains, or will need
in the future, a waterline over Tract 218, Thum Lands.
Subject easement can be quitclaimed,
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Roger Greer
Utilities/Maintenance Director
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I>k for .I;:a'i[?y ' Li j. p e 1- :'? n e s and incident a 1 p urpo s e s
i.n favor of the Soiii:h Ccast Land Company, now vested in
the j-ntercst of the City of Carlslsad, recorded August 30,
1923, Ln Book 909, pcige 421 of Dccds, said easement being
over an uizdefined area that is contained within the wester
155 feet of Tract 218 of Thwn L,clnds, j.n the City of Carlsb
County of San Ciego, State of California, according to map
thereof No. 1681, fi.1.ed in the Office of the Xiecorder of
San Diego County, Deceixber 9, 1915, the easterly line of
said westcr1.y 1.55 feet Seing a li.ne parallel with the dist
155 feet czstcrly, r.easlxed at right angles, fron the nort
ecisterly I.ine of Lincoln Street, as shown on said Map 1681 excepting thcrefrorn tke westerly 100 feet of the southerly
50 feet of said Trzct 218.
As shc;wn for ccnveni-ence sake on Attachment "A" , attached
hereto and made a par-: hereof
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CITY OF CARLSBAD 1 .i 1200 ELM AVEIJUE
CARLS34D, CALI FCfiNlA 92008
(714) 729 1181
VINCENT F. 310NDO JR.
CJ” AlTIS1NEY
YARRON EEZOTHERS , INC. hereby agrees to purchase the
property owned by tho City of Carlsbad on Highwa 08 known as the Eonsall F’roperty, for the sum of $ fil 13-1- ’-
The transaction will be escrowed by the City to close riot
more than fifteen (15) days after the date of City Council
approval of the sale which is anticipated at their
atijourned meeting of April 12, 1977. Terms: Cash. The
City of Carlsbad will locate the boundary lines and corner
monurants 2s agreed.
I un2erstand there is a lis pendens of record a5-ai-n.
property. The liticarion involves a claim by Mr. Harry Si
that he 32s an access ezsenent running diagonally across t
property. Xy purckase of rhe property is subject to this
litiqazion md the Fcssible imposition of the easement.
76,
/ ,’ I understand further that upon completion of the sa-
of the property, rhe City of Carlshuad will not be respons for the litigation 2nd shat it will be my responsibility .
defend it or otherwise resolve the matter.
Marron 3rothers , Inc.
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-a-2. > ,.*-.,, ">ili,i-T-...:~.*. q-,.. ..~.,...--~--,~.~~.~~~~ -- April 12, 1977 , . . -.,_ . .,.r,-*.....x ..... - .Fl-.:r. CL., . -. . ---
Mr. I.ii11iarn Rick began with a slide presentation
of aerial views of various projects on assorted
lot sizes. Also depicted was the variety of uses for open space. He stated the end result of a project is independent of the lot size.
Mr. Bevash then continued the slide presentation
, showing ground views of.various projects, stress-
ing that the appearance of a project was not dependent on the lot size.
Mr. Rick then stated that currently it seems to be a matter of meet.ing the required nimb'ers
rather than concentrating on the substance.
Council indicated they did not oppose smaller lot sizes if there were some method of control-
ling quality. Council expressed the general opinion that though they did not oppose smaller
lot sizes, it did not seem fe.asible to lower the required size until such time as a design
and review process or other methods of control could be instituted.
Mr. iyiorey expressed apprec;ation to Council for
indicated his staff would be working on possible solutions to present to Council at a future date.
RECESS: Mayor Frazee called a recess at 8:49 P.P.
and the Council reconvened at 9:06 P.M. with all
Council Members present.
t the opportunity to discuss the matter, and
[Sl] Bonsall Property
The Cit,y Attorney stated that the City Council in late 1972 had instructed staff to move for- ward with the disposition of four surplus water
properties. Appraisals of the four properties
had been obtained. Of these properties, the
Bonsall property needed Council consideration at this time.
He gave a brief history of the matter regarding the pending law suit with the adjoining property owner and subsequent negotiations for sale of the property to him. Further, that an additiona- offer had been received on the property.
He continued that at the conclusion of all the required processes, the bid of Marron Bros., Inc.
was the highest, In addition, Marron Bros., Inc. would 'hold the burden of defending the law suit.
In view'of this information, the City Attorney
stated his recommendation was to sell the property to Marron Bros., Inc.
Following Council discussion, the City Manager
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indicated a full report would be distributed to Council regarding all of the old water propertie:.
Dy riiiiiiitb trigtion, Colineil szce ted the offer of blarron Brothers, Inc., to purc / ase ttie Bons~lI
property subject to the conditions stated in
*' -==-.- rJ-+nJ Anril 13. 1977,
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Motion
AYQG
V~CORDING RraucsT 8 IW~
.. ,+i?:i.-on !3rnthcrs , Inc.
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AWO WIiCN RCCOROLO YAIL TO
rCity C1.crk 1
Nom. City of Carlsbad
Carlsbad, California 92008
Jlroal Addro,, 1200 Elm Avenue
City h
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SPACE ABOV THIS LINE FOR RECORDER'S L
L
D.T.T. S-
T R P. !: 5 F I7 Gorprar-atEo~ Grant Deed
c L!. I !61 v. IIS1IIBIT "A"
LEGAL DESCRIPTION
The land rcferred to herein is situated in the State of Californ' County of S:an Diego, and is dcscribcd as follows:
That Lmrtion of that portion of Lot 4 - west quarter of northwesi
quarter of Section 6, Township 11 South, Range 3 West, San
as follows:
Begj-nning a.t a point 22 chains North of the quarter corner betwec
Sections 1 and 6 on the Range Line between Township 11 South,
Range 3 and: 4 West, San Bernardino Meridian, thence on a true meridian South 62O East 3.60 chains; thence along the County roac
North 48O East 5 chains; thence along County road North 423jO Eas.
3 chains; t.hence along County road North 52+O East 5 chains;
thence North 430 East 11 chains: thence North 505;' East 0.80 cha to the intersection of North boundary of Lot 4, Section 5, Towns1
11 South, Range 3 West, San Bernardino Meridian, and 2.27 chains
West of the northeast corner of said Lot 4; thence North 1.20 chI to South and easterly edge of San Luis Rey River; thence South 6
12' West along said South and easterly edge of San Luis Rey Rive
23.33 chains to intersection of the West boundary of Lot 4, Sect
6, Township 11 South, Range 3 West; thence South 6.50 chains to
point of beginning.
Excepting from the above iiescribed property that portion lying
southeasterly of the northwesterly line of land described in a
deed to the State of California, recorded March 12, 1952, File
No. 31008 of official records, said northwesterly line being mor
particularly described as follows:
Commencing at a point on the West line of said Section 6, distan
iron pipe set for the West quarter corner of said Section 6; sai
point also being distant along said West line South Oo 02'
East 1036.34 feet from a 2-inch iron pipe in a fence corner, set
for the northwest corner of said Section 6, said point of conunen ment also being distant along said West line North Oo 02' 10" we
50.61 feet from engineer's station 454 plus 83.66 P.O.C. on the center line of the Department of Public Works survey, made in 19 between Oceanside and Bonsall Bridge Road XI-SD-195-A; leaving
said West line along a line parallel with and distant 50 feet no westerly at: right angles from the center line of said Department
&?rnardino Meridian, according to official plat thereof, descriht
thereon North Oo 02' 10" West 1613.89 feet from a 2-inch capped
10"
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L'ii\ll j.c l*Jorks siirvcy Iroin a l-aii(j(-riL v~liicli l~o;~rs Nortli IlO(' 50' 13''
I.:<?:;fi aI.oiig a curve to the ].eft with a radius of 950 feet throucjh
<in an(jl~c of 26O 39' 53" a distance of 442.11 feet; North 54O 10'
20" Fast 1.280.89 feet; and along a tangent curve to the left wit
a rac i.us of 2350 feet through an angle of 5O 00' 22" a distance
of 257.75 feet to a point on the ?lorth line of said Section 6,
said point being on the Township line between Township 10 and 11
South, Rmqe 3 I'Jc~it, San Bcrnardino Meridian, distant along said
Township line North 88' 34' 39" East 1646.61 feet from said 2-in(
j-lroii pipe in fciicc corner set for the northwest corner of said
I'j(2CtiOIi 6, said point also being distant along said Township lint
South 88O 34'39" Vest 1396.76 feet from a one-inch iron pin set
for the North quarter corner of said Section 6, said point being
also distant along said Township line South 880 34' 39" V7est 77.
feet from engineer's station 475 plus 60.21 P.O.C. on the center
line of said Department of Public TVorks survey.
RESERVING therefrom all water rights and ingress and egress therc
to exercise said water rights.
All as shown for convenience sake on Attachment "A" attached hert
and made a part hereof.
I
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WHEN RECORDED NAIL TO:
Marron Brothers Construction
29750 Mission Road
Bonsall, California 92003
0
2 0 EXHIBIT ''A" 0
LEGAL DESCRIPTION
I
The land referred to herein is situated in the State of Califom:
County of San Diego, and is described as follows:
That portion of that Dortion of Lot 4 - westequarter of northwes'
quarter of SectiOn 6, Township 11 South, Range 3 West, San
Bernardino Meridian, according to official plat thereof, describc
7 as follows:
: Beqinning at a point 22 chains North of the quarter corner betwet
-Sections 1 and 6 on the Range Line between Township 11 South,
Range 3 and 4 West, San Bernardino Meridian, thence on a true
meridian South 62O East 3.60 chains: thence along the County roac -. North 48O East 5 chains; thence along County road North 4230 Easl : 3 chains; thence along County road North 52$O East 5 chains;
thence North 43O East 11 chains; thence North SO+O East 0.80 cha:
to the intersection of North boundary of Lot 4, Section 6, Towns2
11 South, Range 3 West, San Bernardino Meridian, and 2.27 chains
. West of the'northeast corner of said Lot 4; thence North 1-20 chi
. to South and easterly edge of San Luis Rey Siver; thence South 64
. 12' Kest along said South and easterly edge of San Luis Rey Rive]
23.33 chains to intersection of the West boundary of Lot 4, Sect:
' 6, Tcwnship 11 South, Range 3 West; thence South 6.50 chains to
point cf beginning.
Excepting from the above described property that portion lying
. southeasterly of the northwesterly line of land described 5n a
deed to the State of California, recorded March 12, 1952, File
No. 31008 of official records, said northwesterly line being mor(
*'_
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. - particularly described as follows:
$e Cominencing at a point on the West line of said Section 6, distanl thereon 'fiorth Oo 02' 10" West 1613.89 feet from a 2-inch capped
~ iron pipe set for the West quarter corner of said Section 6; saic
point also being distant along said West line South O0 02' 10"
East 1036.34 feet from a 2-inch iron pipe in a fence corner, set
for the northwest corner of said Section 6, said point of commenc
ment also being distant along said West line North Oo 02' 10" We!
50.61 feet from engineer's station 454 plus 83.66 P.O.C. on the
center line of the Department of Public Works survey, made in 191
between Oceanside and Bonsall Bridge Road XI-SD-I 95-A: leaving said West line along a line parallel with and distant 50 feet no: westerly at riqht angles from the center line of said Department
0 '2 e EXHIBIT "A"
- public Works survey frcz a t;lnq.ent which bears r.i'ortF: 800 50' 13"
an anale of 260 39' 53" a distance of 442.11 feet; North 54* 10'
20" East 1280.89 feet; and. alcng a tanrjent curve to the left wit
a radius of 2950 feet through an angle of So 00' 22" a distance
of 257.75 feet to a point on the North line of said Section 6,
said point beinq on the Township line between Township 10 and 11
South, Range 3 West, San Bernardino Meridian, distant along said
Township line North E8O 34' 39" East 1646.61 feet from said 2-in
iroc pipe in fence corner set for the northwest corner of said
Section 6, said point also being distant along said Township lin
T South 88" 34'39" blest 1396.76 feet from a one-inch iron pin set '. - fcr the Eiorth quarter corner of said Section 6, said point being :: also distant alor.9 said Tovnsnip line South 880 34' 39" West 77.
t -feet from engineer's station 475 plus 60.21 P.O.C. on the center
rzst zlonc a curve to the left with a raiius of 950 feet through
line of said Department 05 Public Works survey,
>e
-I RESERVING therefrom all water rights and ingress and egress ther -. to exercise said water rights. -
I All as shown for conyycnience sake on Attachment "A" attached her
and made a.part herpof.
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1 ELEPHOf
(7i4) 438-3
1200 ELM AVENUE ~.
CARLSSLD, CALIFORNIA 92008
Citp sf Carls'hb
August 21, 1980
Ron Null Attorney at Law HIGGS, FLETCHER & MACK 21.24 El Camino Real Suite 100 OceansSde, CA 92054
In accordance with our telephone conversation today, enclosed is the original Corporation Grant Deed executed for the purpose of correcting an earlier Deed conveying property from the City
of Carlsbad to your clients, Narron Brothers, Inc.
It is our understanding that your office will assume responsi- bility for recording this Deed and forwarding to your clients.
A copy of the unrecorded Deed will remain on file in the Office of the City Clerk. iF;& L"
,//' 4272 ,A /q,U (A- \ /'ANITA :" D. MURPHY, *{ J
-' Deputy City Clerk 'I 7 Enclosure