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HomeMy WebLinkAbout1984-04-17; City Council; 7710; HIBISCUS CIRCLE AND TAMARACK AVENUE ACCEPTANCE1. 0 A D w 2; fz B- 2 2 2 t; a 6 8 z 3 CI~F CARLSBAD - AGEND~ILL TITLEHIBISCUS CIRCLE AND TAMARACK AVENUE DEPT. AB#- . MTG. 4/17/84 CITY 1 CITY Ir DEPT. ENG ACCEPTANCE RECOMMENDED ACTION: Adopt Resolution No.753~ accepting dedication of a portion 4 for street purposes and accepting a Quitclaim Deed relinqi access rights to Tamarack Avenue. ITEM EXPLANATION: Mr. and Mrs. Lowell Ponte have requested the City grant therr driveway access to Hibiscus Circle in exchange for their pre access to Tamarack Avenue. In order to accomplish this, the Council must accept an Offer of Dedication recorded October 1980, on Carlsbad Tract No. 76-11, Unit 2, (Record Map No. S For safety reasons and to conform with City Standards, drive access to Tamarack Avenue should be eliminated where possibl Therefore, a Quitclaim Deed relinquishing access rights to Tamarack Avenue has been submitted by the Ponte's. Actual construction of the driveway and the driveway approac within the City right-of-way will be accomplished by the pro owners at their expense. FISCAL IMPACT: The Acceptance of Dedication on Hibiscus Circle will remove square feet from the tax rolls. It will also eliminate the to relocate this driveway, at City expense, when Tamarack Av is improved. EXHIBITS: 1. Location Map 2. Plat of Project 3. Letter from Pontes, dated , 1984 4. Quitclaim Deed 5. Resolution No.75~~ accepting dedication of a portion o for street purposes and accepting a Quitclaim Deed relinquishing access rights to Tamarack Avenue. W W PROJECT NAME PROJ. E HIBISCUS CM #' j'%tMARACK AVE ,4CCEP?%n/CE NO. 7 0 0 H[BISCUS CIR. AM TAMARACK AVE ACCEPT I 1 I W w .. 522 Tamarack Avenue Carlsbad, California 92008 Telephone: (619) 729-4547 March 1, 1984 Office of the City Engineer CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Dear Sir: Our home and property are on the northeast corner of Tamarack Avenue and Hibiscus Circle, and our present drivewa! access is onto Tamarack Avenue. TZTe hereby request that the City of Carlsbad grant us dr: access from our property across city-controlled land onto Hi1 Circle. In exchange for this, we shall gladly relinquish to city any and all claims we have to our present driveway acce: busy Tamarack Avenue .... on condition that this exchange in nc negates or diminishes the city's prior offer to assist us in obtaining a safe and proper driveway access for our property such time as Tamarack Avenue is widened (a process that will alter parts of Hibiscus Circle). We believe that the elimination of this driveway onto bi Tamarack Avenue will enhance safety both for us and for the thousands who each day travel Tamarack Avenue. Thank you fo: giving consideration to this request. Sincerely, Lowell A. Ponte lL 2 ?@& q/8 1 Ellen L. Ponte Lowell A. Ponte and Ellen L. Po joint tenants and eo-owners of property at 522 Tamarack Avenue -' RECORDING REQUESTED BY 0 AND WHEN RECORDED MAIL TO 1 .- CITY OF CARLSBAD r Name Strw1 Address 1200 ELM AVENUE city6 CARLSBAD, CA 92008 1 State L * SPACE ABOVE THIS LINE FOR RECORDER'S USE I APN: 204-280-1 5 I. R. STA NIL TO 402 CA (6-67) Quitclaim Deed AFFIX 8 THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LOWELL A PONTE and ELLEN L. PONTE, Joint Tenants, hereby REMISE i S) , RELEASE i S ) AND FOREVER QUITCLAIM i S) to CITY OF CARLSBAD, a municipal Corporation, access rights to Tamarack Avenue fi the following described real property in the CITY OF CARLSBAD, county of SAN DIEGO , state of California: All that portion of Tract 231 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1681, filed in the Office of the Recorder of said San Diego County, December 9, 191E described as fol 1 ows : Beginning at a point on the Northerly line of Tamarack Avenue, distant thereor South 6'1021'00" West, 708.35 feet from the intersection of said Northerly line of Tamarack Avenue with the Westerly line of Jefferson Street; thence North 28°39'00'' West, a distance of 226.80 feet; thence South 61"21'00" West, 94.00 feet; thence South 28"39'00" East 226.80 feet to the Northerly line of Tamara( Avenue; thence North 61°21'00" East along said Northerly line, 94.00 feet to the Point of Beginning. Dated }SS. STATE OF CALIFORNIA COUNTY OF On before me. the under- signed, a Notary Public in and for said State, personally appeared ~ - . known to me to be the person-whose name---..-- subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Signature Name !Typed or Printed) If executed by a Corporution the Corporation Form of Acknowledgment must be used. (This area for omrial notarial seal) - *. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 3.9 20 21 22 23 24 25 26 27 28 0 RESOLUTION NO. 7562 m A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING DEDICATION OF A PORTION OF LOT 4 FOR STREET PURPOSES, AND ACCEPTING A QUITCLAIM DEED RELINQUISHING ACCESS RIGHTS TO TAMARACK AVENUE. WHEREAS, a portion of Lot 4, designated "portion of Lo- reserved for future street", was offered for dedication on F Map No. 9825 recorded by the County Recorder of San Diego or October 9, 1980; and WHEREAS, the City of Carlsbad now wishes to accept thal dedication per Section 66477.2 of the Government Code of tht of California; and WHEREAS, the City of Carlsbad has been offered a Quitcl Deed relinquishing access rights to Tamarack Avenue; and WHEREAS, the City of Carlsbad finds it in the interest public to accept said Offer of Dedication and said Quitclain NOW, THEREFORE, BE IT RESOLVED by the City Council of 1 of Carlsbad, as follows: 1. The above recitations are true and correct. I 2. The Offer of Dedication, of a portion of Lot 4 res for future street to the City of Carlsbad per Record Map No. is hereby accepted. 3. The Quitclaim Deed relinquishing access rights to Tamarack Avenue, as shown on the copy of the Quitclaim Deed attached hereto, is hereby accepted. I// /// I// /I/ I1 1. 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 27 28 rn W 4. The City Clerk is hereby authorized to cause said acceptance and deed to be recorded in the Office of the Coui Recorder of San Diego County, State of California, with the appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED by the City Council of thc of Carlsbad, California, at a regular meeting held the 17th April , 1984, by the following vote, to wit: - AYES: NOES: None ABSENT: Council Member Chick Council pkrbers Casler, -is, Kulchin and Frescott d e, %au, LER, May( MARY H. gAS ATTEST: *B rk ALE H . RAUTE (SEAL)