HomeMy WebLinkAbout1980-05-06; City Council; 6220-1; QUITCLAIM OF EMERGENCY ACCESS ROAD EASEMENT ACROSS LOT 24 OF CT 72-34-UNIT # 1 |SEAPORT|w - CITY OF CARLSBAD
AGENDA BILL NO. 6220 Supplement No. 1 Initial:
DATE : May 6, 1980
DEPARTMENT: City Manager
Subject:
Dept.Hd. d f i,
C. Atty. Lj]; -
c- Mgr- ad
QUITCLAIM OF EMERGENCY ACCESS ROAD EASEMENT ACROSS
Lot 24 of CT 72-34-UNIT #1 (Seaport)
Statement of the Matter
Mr. Will A. Bowen requested that the City quitclaim the emergency
access road across his property. At the April 15, 1980 Council
meeting, two residents of Seaport protested and staff was instruct€ to check further.
Some of the objections by the residents were that the access should
remain for use by school children, joggers, etc. In order to retai
the easement, staff feels the property within it would have to be condemned.
Meetings with the Fire Chief and City Engineer have reaffirmed that
the access is not necessary for emergency access and therefore the1
is no reason to deny the quitclaim.
Exhibit
Letter from property owner requesting quitclaim
Map showing location of easement
Memo from Fire Chief dated 4-18-80
Memo from City Engineer dated 4-17-80
Recommendation
That Council approve quitclaim and authorize Mayor to sign on beha
of the City.
Council Action:
5-6-80 Council approved the quitclaim and authorized the Mayor to sign on behal
of the City.
r$ct:>zj ;,-i;* ;..:ssL: EC .c-;? .-tf .- [: litl.., -,iOlrj
\!\!ill A. ~cxw:~, %Ees D,?;:S
The San Dii?g~ A~oECU . 2515 Czii-iirlo del Rio SWL~
San Diego, Calil'orniti 92101
Tel : (7 14) 2c3-9-91-357
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CARLSBAD FIRE DEPARTMENT
ME MO RAN D U M
TO: WILLIAM BALDWIN DATE: 4-18-80
ASSISTANT CITY MANAGER
FROM: FIRE CHIEF
SUBJECT: Easement Off El Camino Real
I do not consider the easement road connecting Lilac Court
to El Camino Real as necessary for emergency service.
Access to the easement is in an area of heavy traffic and
turning across El Camino Real at this point I would con-
sider hazardous. Entry onto the easement is over a curb;
the easement is very narrow and quite steep.
Our normal route of response would be El Camino Real to
Alga Road to Manzanita, ~ith an estimated response time
of two to three minutes, and I can not conceive of any
situation where this access would not be available in the
event of an emergency.
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Jame:y Thompson '
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DATE : APRIL 17, 1980
TO : ASSISTANT CITY MANAGER/OPERATIONS
FROM: City Engineer
SUBJECT: EMERGENCY ACCESS ROAD EASEMENT ACROSS LOT 24
OF CT 72-34, UNIT $1 (Seaport)
The Seaport subdivision has two sets of conditions. The first
was adopted when the original tentative map was approved by
Council dealing with fire access roads as follows:
16. In order to provide for reasonable fire protection
during the construction period, the subdivider shall
maintain passable vehicular access to all buildings,
and adequate fire hydrants with required fire flows
shall be installed as recommended by the Fire
Department.
The map later returned for Council approval of an extension of
time. The rlevised condition for emergency access stated:
c) All wieather temporary emergency access road, having a
maximum grade of 1.4% shall be provided to connect El Can
Real to Street "A" at the south end of Phase I.
As you know, the "temporary emergency access" was provided acrc
Lot 24. The access easement is shown on the final map and is
designated, "emergency access. I'
The Fire Department feels that the access is no longer needed.
If the temporary emergency access is not needed for emergency
use, then we have no reason to deny a request for quitclaim. & LES EVANS
City Engineer
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1200 ELM AVENUE TELEPI-
CARLSBAD, CALIFORNIA 92008 (714) 431
Citp of CarMab
June 30, 1980
Will A. & Kathryn E. Bowen 2515 Camino Del Rio South,
Suite 110 San Diego, CA 92108
A Quitclaim Der3d from the City of Carlsbad
to you has bee:? recorded evidencing release of an easement for Emergency Access across Lot 24 of Map i3350, in the City of Carlsbad,
County of San iliego, State of California, as recorded in the Office of the County
Recorder, July 28, 1976.
This Quitclaim Deed, which recorded on May 15, 1980, is hereby being returned to you.
If you have an.y questions regarding this matter, please don’t hesitate to contact this office.
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ALETHA L y RAUTENKRANZ
City Clerk
ALR:krs
Enclosure
CITY OF CARLSBAD
AND WHEN RECORDED MAIL TO
1 r CITY OF CARLSBAD
-.lorn* 1200 Elm Avenue
Srree? Carlsbad, CA 92008 Addie*%
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- SPACE ABOVE THIS LINE FOR RECORDER’S USE
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WHEN RECORDED MAIL TO:
Marron Brothers Construction
29750 Mission Road
Bonsall, California 92003
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A @ EXHIBIT "A" e
LEGAL DESCRIPTION
The land referred to herein is situated in the State of Californ
County of San Diego, and is described as follows:
That portion of that Dortion of Lot 4 - west-quarter of northwes
quarter of SectiOn 6, Township 11 South, Range 3 West, San
Bernardino Meridian, according to official plat thereof, describ - as follows:
: Beqinninq at a point 22 chains North of the quarter corner betwe
*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 6Z0 East 3.60 chains; thence along the County roa -. North 48O East 5 chains; thence along County road North 4230 Eas
', 3 chains; thence along County road North 523O East 5 chains;
thence North 43O East 11 chains; thence North 50+O East 0.80 cha
to the intersection of North boundary of Lot 4, Section 6, Towns
11 Soath, Range 3 West, San Bernardino Meridian, and 2.27 chains
. West of the'northeast corner of said Lot 4;.thence North 1.20 ch
-- . to South and easterly edge of San Luis Rey giver; thence South 6 ' 12' Kcst 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 cf beginning.
Exceptiny from the above described property that portion lying
' southeasterly of the northwesterly line of land described in a
dsed to the State of California, recorded March 12, 1952, File
No. 31008 of official records, said northwesterly line being mor
Comiiencing at a point on the West line of said Section 6, distan thereon North Oo 02' 10" West 1613.89 feet from a 2-inch capped
~ iron pipe set for the West quarter corner of said Section 6; sai point also being distant along said West line South Oo 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 commen
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
sajd West line along a line parallel with and distant 50 feet no
westerly at riqht angles from the center line of said Department
- particularly described as follows:
b.
EXHEBIT "A" 0 '2
L Public Works survey frG5 a thncjent which Scars Nort?: 800 50' 13'
rlst alons a curve to the left with a rafiius of 950 feet throurjf
an anale of 260 39' 53" a distance of 442.11 feet; North 54O 10'
20" East 1280.89 feet; and alcng a tangent 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 saic
Township lino North 88O 34' 39" East 1646.61 feet from said 2-ir
iron pipe in fence corner set for the northwest corner of said
Section 6, said point also being distant along said Township lix
c South 88c' 34'39" Eest 1396.76 feet from a one-inch iron pin set
'1 - fcr the Korth quarter corner of said Section 6, said point beinc
-: also distant alonq said Tozrnsnip line South 880 34' 39" West 77
* -feet from engineer's station 475 plus 60.21 P.O.C. on the cente;
.,
line of said Department of Public Works survey.
>
-1' RESERVING therefrom all water rights and ingress and egress the.
to exercise said water rights- -
. All as shown for convenience sake on Attachment "A" attached he
and made a-part hereof -
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TELEPHO
v:4) 438 5
1200 ELM AVENUE ~_.
CARLSSisD. CALIFORNIA olooe
Citp of QLarMab
August 21, 1980
Ron Null
Attorney at Law HIGGS, FLETCHER & MACK 2124 El Camino Real Suite 100 Oceanside, 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, Marron 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.
Thank you.
/ 4
x/‘ ($?* ,/ Deputy ANITA D. City MURPHY, Clerk -.e( - 3. 7 En c Lo s ur e
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CITY OF CARLSBAD I &i 1200 ELM AVENUE
CARLS94D, CALiFCRNlA 92008
(714) 729-1181
VIhC;NT F. 2lONDO JR.
C~TV ATTS~NEY
YARRON BROTHERS r INC. hereby agrees to purchase the
property owned by the City of Carlsbad on Highwa 08 known as the Eonsall Propertyr
The transaction will be escrowed by the City to close not
more than fifteen (15) Zays after the date of City Council approval of the sale which is anticipated at their
adjourned meeting of April 12, 1977. Terms:: Cash. The
City Of Carlsbad will locate the boundary lines and cornel monunants as agreed.
76,
)I J 22 - for the sum of $ r
I understand there is a lis ?endens of record again:
property. The litisaxion involves a claim by Mr. Harry S
that he hzs an access easement running diagonally across .
property. Xy purchese of the property is subject to this litigation and the pcssible imposition of the easement.
I understand further t3at Epon Gompletion of the sa of the property; the City of Carlsbad will not be respons for the litigation and that it will be my responsibility
defend it or otherwise resolve the matter.
Marron arothers, Inc.
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April 12, 1977 . -, ,._ IL ,.--x-. , e-.. --x--..:.. I--
Ilr. I.li11iain Rick began with a slide presentation of aerial vieiqs 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.
Yr. 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 meeting the required nimbers 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 feasible to lower the required size until such time as a design
and review process or other methods of control could be instituted.
Mr. Morey expressed apprecjation 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.
i the opportunity to discuss the matter, and
[SI] Bonsall Property
The City 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. ivould hold the burden of defending the law suit.
In view of this information, the City Attorney stated his recommendation was to sell the properiy to I4arron Bros., Inc.
Following Council discussion, the City Manager
indicated a full report would be distributed to
Council regarding all of the old water propertie:.
oY Ilimtg i:iatign, GOU~C~~ dm ted the offer of :.1arron Brothers, Inc., to purc 1 ase the Donsdll
property subject to the conditions stated in ' L ' Anr,l 15'- 1977.
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Motion
Ay~t
0 i:'5''t c? C CO R DING R EOU ESTE
i,lai:roii 13rotlicrs, Inc. '/
AWO WHCH Rcconoto MAIL TO
hity Clerk 1
No-.
!treat
City of Carlsbad
Carlshad, California 92008
Addrc,, 1200 Elm Avenue
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SPACE, At3O,V5 THIS LINE FOR RECORDER'S C'
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LEGAL DESCRI P'l' ION
The land referred to herein is situated in the State of Californ
County of San Dicgo, and is described as follows:
That Imrtion of that portion of Lot 4 - west quarter of northwesi quarter of Section 6, Township 11 South, Range 3 West, San
Bernardino Meridian, according to official plat thereof, descriht
as follows:
Beginning at a point 22 chains North of the quarter corner betwei
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 42$0 Eas
3 chains; thence along County road North 52+O East 5 chains;
thence North 43O East 11 chains; thence North 503O East 0.80 cha
to the intersection of North boundary of Lot 4, Section 5, Towns
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 ch to South and easterly edge of San Luis Rey River; thence South G
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 described 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
thereon North Oo 02' 10" West 1613.89 feet from a 2-inch capped
iron pipe set for the West quarter corner of said Section 6; sai point also being distant along said West line South Oo 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 commen
ment also being distant along said West line North Oo 02' lo" 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 riqht angles from the center line of said Department
I
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2
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P~!l)l.j.c \;Torkg siirvcy from cl Ik6iii(~~-nL wliicl~ bcars NorLIi !IOo 50 I 13"
I:<i:;t ;iloncj a curve to the left with a r;idius of 950 feet through
211 ancj1.c of 26O 39' 53" a distance of 442.11 feet; North 54O LO'
20" 1';lst 1.280.89 feet; and along a tangent curve to the left wit
a I.-A( ihs of 2950 feet througli an nnqle of 5O 00' 22" a distance
of 257.75 feet to a point on the ?Jorth line of said Section 6,
sai.d point being on the Township line between Township 10 and 11
South, Rancjc 3 West, San Bcrnardino Meridian, distant alonq said
To!dn~;hip li/l@ PJorth 8Qo 34' 39" East 1G46.61 feet from said 2-in
iron pipe in fciice corner set for the northwest corner of said
Scction G, said point also being distant along said Township lin.
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" West 77.:
feet from engineer's station 475 plus 60.21 P.O.C. on the center
line of said Department of Public SQorks survey.
RESERVING therefrom all water rights and ingress and egress therl to exercise said water rights.
All as shown for convenience sake on Attachment "A" attached hen
and made a part hereof,
I