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HomeMy WebLinkAbout1984-03-06; City Council; 7652; QUITCLAIM OF VACATED LAND AT EL CAMINO REAL AND ELM AVENUE.* 8 AB# 74 5-4 MTG. 3/6/84 DEPT. ENG TITLE: QUITCLAIM OF VACATED LAND DEPT. I EL CAMINO REAL & ELM AVENUE CITY A CITY M AT w % PROJECT NAME 8UI?CLA/M OF VAc4Ta LAW AT l EL CAMIN0 REAL G' ELM AV€NU€ I I LUSRDI CONSTRUCTI~ co. / KENNETH H. LOUNSBERY Vice President. General Counsel January 27, 1984 Mr. Frank Aleshire, City Manager CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Re: Elm PropertieslSan Diego Trust & Savings Bank Parcel Map No. 167-090-57 Dear Frank, This is to follow up on our telephone conversation of last week. You will recall that SafeCo Title Co. has indicated its concern regarding a residual interest the City of Carlsbad may have in a narrow strip of land that has already been the subject of a street vacation proceeding. The strip is located along El Camino Real at Elm Avenue and is part of the frontage of the new San Diego Trust & Savings Bank property. The title company (out of caution taken to the extreme) seeks from the City a Quitclaim of any such residual interest in addition to the completed vacation. Such action has been requested as a condition of the City's approval of Parcel Map NO. 167-090-57. It was suggested that the Quitclaim, being routine, would be scheduled as a consent agenda item for Council .approval. We would also request that the Parcel Map approval be undertaken by the City as quickly as possible. It is my understanding that all other requirements and conditions of such approval have been met. Thank you for your consideration. Yours ve y truly KHL: ss &*&/y sz ccr @chard Allen (w/enclosure) Vince Biondo e -- I B ~ 9 - - = 1570 Linda Vista Drive San Marcos. California 92069 (619) 744-3133 State License No. 207287 - - c F e w A~ND WHEN RECORDED MAIL THIS DEED AND. WiSE SHOWN BELOW, MAIL TAX STATEMENTS TO: UNLESS OTHER NAME ELM PROPERTIES 1 c/o Lusardi Construction Co. 1570 Linda Vista Drive ADDRESS CITY E STATE San Marcos, CA 92069 =Ip L _i Title Order r\: Escrow KO. 9rn SPACE ABOVE THIS LINE FOR RECORDER'S US Quitclaim Deed AP // 167-090-57 d?uc The undersigned declares that the documentary transfer tax is $ _________ 0 _______ tenements or realty is located in (-J unincorporated area (-J city of _____ .CaxJ.sb.ad ___.._._..._. ~ .__.. ~ ................................................... _.__... ..----.. ~ ....................... -.-----------...----- computed OR the full value of the interest or property conveyed, or is computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. FOR A VALUABLE CONSIDERATIOX, receipt of which is hereby acknowledged, CITY OF CARLSBAD does . hereby remise, release and forever quitclaim to EL,M PROPERTIES, a General Partnership the folowing described real property in the City of Carlsbad state of California: county of San Diego Per legal attached Dated--. WCh ,7-4 ?HE CITY OF CAPISBAD, A Municipal AA d& 1 MH. C$SLER I myor L STATE OF CALIFORNIA COKNTJ' OF.---- 1 FOR NOTARY SEAL OR STAMP .~. executed the same ?/ ___.._~~~. Signature of Sotary a \1.411. 'r.lY ,ET.4TE\!E3TS 7'0 J':\RT\. SI:OKT 03 FC)LI,OTI']>~ ].]?;E: IF yo JI,,\f(]). $0 SH()A'Y, \]:\]I, ;\F I)IJ{f;[ '1 1 ~~ ~ . ___ __~. . . ._~__~..- ..~ . ~ .. . .--~ --. . -.- --.-_ ~- - _____ - . - Zamc btrrrt Addrry.. (Ill\ 6 5t3k CORPORATE ACKNOWLEDGMENT Karen R.. Stevens the undersigned Notary Public, personally appeared Mary H. Cader and Aletha L. Rautenkranz E personally known to me f proved to me on the basis of satisfactory evidence to be the person(:;) who executed the within instrument as Mi named. and acknowledged to me that the corporation execute KAREN R. STEVER'S ptotary Putt&c - wmia NOTARY ASSKIATION a 23012 Ventura Blvd * PO. Box 4625 * W \I 411, 7.tY PI.~.'IE\~I:Y?'S TO J'.iRTY SIIOR'N OK FOLI,OR'l\C !lSI:. IF NO I~ART)' S() SHOF'\'. \I.\][. ..is 1)1~{f:(:I' . .-. ~ .. .~ .. . ~ . .. ~-~ __~ ~ ...- . . . .-~ --. ... ~ .- . - .~ ~ Sarnv 5tr~r.i .4diIrr.. (.It) f; stale SAFECO Stock No. CAL-1 1A (Rev 12-82) e / {W EUl PROPERTIE D14T PORTlOX Of: UT "J" OF RAYffIO AGU.4 HEDIOXDA, IN THE CIn OF WILSBAD, COLNTY OF SA!! DIEGO, STATE OF CALIFORVIA, ACCORD- ING TO PhnTlTION MZp "HEREOF No, 832, FILE IN Tl-E OFFICE OF ?HE CULNIY UOER OF SAN DIEGO COLhTY, ROVEEIBER 16, 1886 '",AT IS WITHIN THE F0LU)IJIXG DESCRIBED B0l.JXUR.Y: Beginning at the most westerly corner of parcel 1 of Parcel Map 7990 point also being on the northeasterly line of El Camino Real as shown on rl Survey 1800-65 . Thence .south 38°20r01" east alcng the said El Camino Real a distance 38.46 feet to the TRUE POINT OF BEGIWIHG: Thence continuing along said El Camin0 Re21 south 42°42t16" east a di of 424.75 feet to the beginning of a tangent 625 foot radius circular cum cave southwesterly; Thence southerly along' the arc of said cume thru a central angle of 10°12116t' for a distance of 111.31 feet; Thence south 32°30t00" East a distance of 507.93 feet to the beginnir a tangent 35 foot radius circular curve concave northeasterly, Thence southeasterly along the arc a€ said anm thm a central an@( 37"36'59" for a distance of 22.98 feet to a point of cusp being on the am a 642- foot radius cume concave southerly a radial line to said point bea3 north 9'43'26'' \\.est; Thence westerly along the arc of said CUTZI~ thru a centra1 angle of Thence south 78'52'53'' west a distance of 45.37 feet to the beginniq a tangent curve having a radius of 30 feet concave northeasterly; Thence north\.;esterly along the arc of said curve thru a cmtrai anglc 76O20'45" for zin arc distance of 39.38 feet to a point of tangency with a foot radi*:s reverse circufzr curve concave sou;l?l.cesterly; Thence northwesterly along the arc of said curve thru a central angl Thence north 33"20'51" west a distance of 281-65 feet to the TRUE PO 01"23'41" for an arc distance of 15.63 feet; W33'39'' for a distance of 724.95 feet; OF BEGIGING of the boundary described. Excepting from such vacation a~ easement for existing utilities, drainage tures, arid slope mintcnance and all abuttcrs rights of access. NUA = 0.852 acres EX t I I B I T "A" CI \ i. \ : ! .cL w D ... '5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 w RESOLUTION NO. 751m A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, QUITCLAIMING AN INTEREST IN A STRIP OF LAND PREVIOUSLY VACATED BY THE CITY COUNCIL IN THE VICINITY OF EL CAMINO REAL AND ELM AVENUE. WHEREAS, a strip of land covering a portion of Lot J of Agua Hedionda, in the City of Carlsbad, Map No. 832, was pre\ vacated by City Council action on November 17, 1981. WHEREAS, the owner of the land, Elm Properties, has req the City to quitclaim the vacated land so they may obtain cl title to the vacated strip. WHEREAS, the strip of land is not needed and the City h desire to use the land in the future. NOW, THEREFORE, BE IT RESOLVED by the City Council of t of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That said vacated strip of land, referenced above more particularly described on Exhibit "A" of the Quitclaim file in the Office of the City Clerk is of no use to the Cit 3. That the Mayor is hereby authorized to sign the Quitclaim Deed on behalf of the City. PASSED, APPROVED AND ADOPTED at a regular meeting of tk Council held on the 6th day of March , 1984, by following vote, to wit: AYES: Council Menbrs Casler, ljewis, Kulchin, chick and Prescott NOES: None ABSENT: None *dL NARY H. YASLER, Mayor ATTEST: a 0 .. re 1200 ELM AVENUE TELEPI CARLSBAD, CALiFORNlA 92008 (714) 42 Office of the City Clerk citp of Carlsbab March 9, 1984 Elm Properties c/o Lusardi Construction 1570 Linda Vista Drive San Marcos, CA 92069 Re: Quitclaim of Vacated Land at El Camino Real and Elm Avenue The Carlsbad City Council, at its meeting of March 6, 1984, authorized the quitclaim of the City's interest in a narrow strip of land in the vicinity of El Camino Real and Elm Avenue. Enclosed is the original deed quitclaiming the vacated land to your company, If you have any questions regarding this matter, please do not hesitate to contact this office. g%z* eputy City Clerk Enc. 0 e 1200 ELM AVENUE TELE CARLSBAD, CALIFORNIA 92008 (71 4) Office of the City Clerk ,'7 - eitp of Carlsbab ~ March 5, 1984 R. W. Daniels 5720 El Carnino Real Carlsbad, CA 92008 Dear Mr. Ikniels : A Quitclaim Deed from the City of Carlsbad has been recorded evidencing the release of right-of-way on a portion of Parcel B of Parcel Map 1703. This deed, which was recorded February 15, 1984, is hereby being returned to you. ;k-TF* N R. KUNDTZ Deputy City Clerk KRK/kdc Enclosure ,? RECORDING REQUESTED B -e 4 *c /?-bA Y2qWTG. AND WHEN RECORDED MAIL TO r 1 Nome CITY OF CARLSBAD Street 1200 ELM AVENUE Addrcu City 6 State L CARLSBAD, CA 92008 -1 151s 1w fEB IS pK 3: 34 SPACE ABOVE THIS LINE FOR RECORDER'S USE t ~i!~~~GIWEERING COMPANY 1 X@L%K~E 12 3088 FIO PIC0 DR. SUI;E 202 CARLSBAD, CA 92008 TE LEP H 0 NE AR-A CODE 714 729-4987 BY DATE LEtAL DESCRIFTION FOR JC JOE NO PORTIOK OF 39 FGc'T EASEMENT REC. 5/18/60CHK,D. 1/26/84 COMPANY REVISIONS DESCRIPTION TITLE CD. REFERENCE BY DATE DATE ORDER No. 1 & r) 0 -G 1516 PARCEL €3 PARCEL A RIGHT OF WAY