HomeMy WebLinkAbout1984-02-07; City Council; 7632; Palmer WY ROW summary vacation0 w > 0
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3EPT. ENG
/o 7 CIT 3F CARLSBAD - AGENDA-31LL
TITLE: SUMMARY VACATION OF A PORTION DEPT. HD.C*.F
OF RIGHT-OF-WAY FOR
WEST SIDE OF PALMER WAY,
EAST OF EL CAMINO REAL (CABLEVISION) C~TYMG
I I ?A goss P RECOMMENDED ACTION:
Adopt Resolution No. 7qT.t to summarily vacate a portion of
right-of-way on the west si e of Palmer Way, east of El Camino
Real, and authorize the Mayor to execute a Quitclaim Deed.
ITEM EXPLANATION:
A yequest to vacate excess right-of-way on the west side of Palmer Way, east of El Camino Real, has been received from R.W. Daniels (Cablevision). The Engineering staff has reviewed the request and
concluded that this strip of right-of-way is not needed for road
purposes as it has been superseded by the Faraday Avenue
a1 ignment.
State Codes provide that where no improvements have been made within a right-of-way and the need is superseded by relocation, the
City Council may summarily vacate the right-of-way without need for
public hearing.
Because of the peculiar manner in which the right-of-way was
originally granted to the City (in fee for access purposes), a
Quitclaim Deed conveying the property to the adjoining owner has
been proposed.
The utility companies have been notified, and concur with the
vacation of this strip of right-of-way.
FISCAL IMPACT:
Approval of this vacation will result in approximately 13,000
square feet of land to be returned to the tax rolls.
EXHI B ITS :
1. Quitclaim Deed
to summarily vacate a portion of right-of-way on w e west side of Palmer Way, east of El Camino
Real, and authorize the Mayor to execute a Quitclaim Deed.
2. Resolution No.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Jdrerr eel 1200 ELM AVENUE
!I & -1 L CARLSBAD, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO r R. W. DANIELS
Slr~t ddrsrr 5720 EL CAMINO REAL
CARLSBAD, CA 92008 ,;¶I h
Sfoh L
I
DOCUMENTARY TRANSFER TAX $ n 1 1 &'(E* -COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, -OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE.
[ Signature of Declarant or Agent determining tax. Firm Name
TO 402 I CA (7.70) 1 Quitclaim Deed
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF CARLSBAD, a municipal corporation,
hereby REMISE( S), RELEASE( S) AND FOREVER QUITCLAIMIS) to
R. W. DANIELS
the following descrihed real property in the C i ty of Carl S bad , county of San D i ego,
state of California:
See Exhibit ''A" attached hereto and made a part thereof for
legal description.
All as shown for convenience sake on Exhibit "B" attached hereto
and made a part hereof.
Dated February 8, 1984
MIRY H. C$$LERI Mayor
before me, the under-
for said State. per-onally appeared
-
, known to me
bscribed to tree within
executed the same.
WITNESS my hand and official seal.
Name (Typed or Printed)
If executed by a Corporation the of Acknowledgment must be used. (This area for omrial notarlal seal)
----__Escrow or Loan No.- --- Title Order No.----
-__I---
a
CORPORATE ACKNOWLEDGMENT NO. 202
State of Onthisthe 9th dayof F'ebruarv 19J!!i, before me, California
Karen R. Stevens 1 ss.
the undersigned Notary Public, personally appeared
bbry H. Casler, Mayor and Aletha L. RautenkTanz,,
ha personally known to me City Clerk
n20 122 NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd. P.0 Box 4825 Woodland Hllls, CA 913
~
0 proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as myor city clerk -emn behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my ?and and official seal.
- Notary's gignature 1
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RESOLUTION NO. 7492
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
A PORTION OF LAND WEST OF PALMER WAY, EAST OF EL CAMINO
REAL, AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM
CALIFORNIA, SUMMARILY VACATING A ROAD RIGHT-OF-WAY OVER
DEED OVER THE RIGHT-OF-WAY.
WHEREAS, the above street right-of -way previously dedicated wi 11 provide no
isable access to the adjoining property;
NOW, THEREFORE, LET IT BE RESOLVED by the City Council of the City of
iarlsbad as follows:
1. The above recitations are true and correct.
2. That, pursuant to Section 8330a and 8334(a) of the California Street
ind Highway's Code, the easement described in Exhibit A and shown on Exhibit 8
ittached hereto, is summarily vacated.
3. That the reasons for the vacation are:
A. The right-of-way has been superseded by an alternate right-of-way.
8. No utilities exist within the right-of-way.
C. It is excess right-of-way no longer needed for roadway purposes.
4. The Quitclaim Deed conveying the property to R. W. Daniels, a copy
if which is attached hereto as Exhibit C, is approved and the Mayor is authorized
,o execute the Deed.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held
in the 7th day of mw , 1984, by the following vote, to wit:
AYES: Councilmrbers Casler, Lxis, Kulchin, Chick and &Scott
NOES: None
ABSENT : None
iTTE ST :
%L$?&+ s/ &LA
RARY H. CpLtR, Mayor
rL E
SEAL)
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toe no. LLCAL DtSCRlPTlON FOR: BY IfC PORTION OF 30 FOOT EASEMENT REC. 5/18/60CHK,0.
9032A FILE NO. 103249, SER 1 BK 1960
DATE SHEET
1/26/84 1 OF 1
COMPANY DESCRIPTION
TITLE co.
REFERENCE ORDER 110. DATE
REVISIONS
BY DATE
- LOCATION MAP 1
N.TC. \ \
PARCEL B
PARCEL A
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