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HomeMy WebLinkAbout1984-10-02; City Council; 7889; ACCEPTANCE OF RIGHT-OF-WAY EASEMENTS FOR WATERLINE PURPOSES (CT 76-15)*‘ C, C L 0” LT 0. 4 2 s G a $ 8 2 3 ~‘~~7 CIT‘S~F CARLSBAD - AG~END~ILL r AB# 7887 TITLE: ACCEPTANCE OF RIG~T-OF-WAY DEI CIT MTG. 10/2/84 CIT DEPT. ENG RECOMMENDED ACTION: EASEMENTS FOR WATERLINE PURPOSES (CARLSBAD TRACT !76-15) I ! I i Adopt Resolution No.7757 acceptidg two right-of-way easements for public waterline purposes. I i ITEM EXPLANATION: ! During the construction of Carlsbad Tract 76-15 (Carlsba Palisades) it became necessary for ~ the developer to relo an existing waterline within and adjacent to the project site. The developer has secured the two oecessary easements ar offering them to the City for acce6tance by Council. Staff is currently working with the developer for the quitclaim of the existing easements and will bring them before Council at a later date. FISCAL IMPACT: ! No impact to the city. Acquisitiop costs were absorbed the developer. EXHIBITS: 1. Location Map 2. Grant Deed from F&M Associates to City of Carlsbad 3. Grant Deed from LR Partnership LTD to City of Carlc 4. I I Resolution No. 7757 acceptinb two right-of-way easements for public waterlink purposes. ! I I I 4’ W w \ ,I i City Clerk, City of Carlsbad AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHER- WISE SHOWN BELOW. MAIL TAX STATEMENTS TO: 1 City Clerk City of Caxlsbad Carlsbad, CA 92008 r =" L NAY= ADDRLSS - c;zz 1200 Elm Avenue _I Title Order No. Escrow No. SPACE ABOVE THIS LINE FOR RECOR 17801 CARTWRIGHT ROAl IRYINE. CA 92714 (714) 474-1400 r .c 0 e $4 # * EXHIBIT 'A' That ortion of Lot "I" of Rancho Agua Hedionda, in the City 0: Map No. 823 filed in the office of the County Recorder of said County, being a strip of land 20.00 feet wide, the northeaster] line of said strip of land is described as follows: Beginning at the most easterly corner of Lot 131 Carlsbad Tracl No. 76-15 Unit 3, as shown on Map No. 10579 filed in the officc of the County Recorder of said County; thence S 38'11 '03" E 9.' feet along the prolongation of the northeasterly line of said 1 131 to a point in the northwesterly line of the 15.00 foot wid1 easement granted to the City of Carlsbad per the document recorded in File No. 228810, Book 1971 of Official Records of said County. The northwesterly and southeasterly terminii of the southwestei line of the above described strip of land to be extended or shortened to join the southerly line of said Lot 131 of Carlsbi Tract No. 76-15 Unit 3, and said northwesterly line of the 15.1 wide easement granted to the City of Carlsbad, respectively. Carls E ad, County of San Diego, State of California, as shown 01 ., e 0 i CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real proper conveyed by the deed or grant dated LR p-mp ------ -------------------- from ------ to the City of Carlsbad, California, a municipal corporati is hereby accepted by the City Council of the City of Carl California pursuant to resolution NO. 7757 , adopted on October 2, 1984 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: October 3, 1984 Jay 16, 1984 By : m*/H* ALETHA L. RAUTJ?NKRANZ, Cit 0 f? €COR Dl NG REQ U ESTE 6 City Clerk, City of AND WHEN RECORDED MAIL THtS DEED AND. UNLESS WISE SHOWN BELOW. MAIL TAX STATEMENTS 10: NAuL City Clerk A00R~5s' City of Carlsbad CITY a 1200 Eh AVaZ Carlsbad, CA 92008 STATE Title Order KO. Escrow No. SPACE ABOVE THIS LINE FOR RECORDER'S AQN* w7-385-r- wf- Corporation Grant Deed The undersigned declares that the documentary transfer tax is 8 .... d.!J ............................................................ 0 computed on 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 sa tenements or realty is located in 0 unincorporated area a city of ...................................................................................................... Carl sbad and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, F & M ASSOCIATES a corporation organized under the laws of the State of California hereby GRANT(S) to CITY OF CARLSBAD the following described real property in the County of San Di ego l state of California: A RIGHT-OF-WAY EASEMENT IN THAT PORTION OF LOT 131 OF CARLSBAD TRACT NO. 76-15 - UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGC STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 10579 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING A STRIP OF LAND 20.00 FEET IN WIDTH AND BEING MORE FULLY DESCRIBED IN THE ATTACHED EXHIBIT "A". -- July 2, 1984 Dated--- - STATE OF CA1,IFORNIA ' ss. lirforc. nic, On thc undersicned. a Notary I'iililir in and lor said County aiid Stntc, ricr~onally appeared known to me to lie the COUNTY OF ! By: -.- Prcsidoit. and , kitown to iiic to IN: Secretary of the rorporation that esecutctl the within Inatrirrnmt. kiioeri to nie to Ijr tlir Ilcrsoiir wlio c*srciitod tlw within In$tritiiient on IJdidf of tlic 1~1r1ioriltirm tIirrc:iii ii:itiwd. ;iiicl nckrlowlrclp!d LO iiic that sidi cwrliorntitm csciruti*il tlic. wit!tiii instrirnwrrt pursuant to its IJY-I;~WS or a r~s~~l~~tin~i of its 11o:irtI uf clirwtors. Signature of Notary JIAIL TAX STATE~IENTS TO i3m-Y SII~WX o?~ I~OI.I,OWIX~; IJX; 11: NO PARTY so SHOWN, SIAIL AS DIREC .......... .......... ..... ... __-- -.._.-_.. _-_. .___-. -__. -..- Name Strcct AdJrcss City 8. State k, 0 8 I STATE OF CALIFORNIA COUNTY OF SAN DIEGO \q8q , before me, the undersigned, a Notary Public i On and w or sa d State, personally appeared WILLIAM D. FONTANA known to me to the PRESIDENT of FONTlANA COIRPORATION, the corporation that executed the w in instrument and known to me to be the person who executed the within in ment on behalf of said corporation, said corporation being known tp me to one of the partners of WESTANA BUIL;DERS/Dh'VELOPERS, the partnewip that executed the within instrument, and acknowledged to me that such corporat executed the same as such partner and that such partnershi is one of the venturers of F & M AND ASSOCIATES, the joint venture that f executed the wi instrrument and acknowledged to me that they executed the qame as joint VE of the joint venture first above named, and that said joinkvt3ntur.e execc the same as a partner of F & M AND ASSOCIATES and that said last named J( venture executed the same. WITNESS MY HAM) AND OFFICIAL SEAL SIGNA'ITIR Q&4.cc*a& - NOTARY SIGNATURE STATE OF CALIFORNIA COUNTY OF SAN DIEGO ,, before me, the undersigned, a Notary Public ate, personally appeared WESLEY E. MUDGE, known to be to of MUDGE CORPORATION, the corporation that executed the wi instrument and known to me to be the person who executed the within hnst on behalf of said corporation, said corporation being known to me to be the partners of WESTANA BUILDERS/DEVELOPERS, the partnership that exect the within instrument, and acknowledged to ne that such corporation exec the saute as such partner and that such partnership is one of the joint 7r of F & M AND ASSOCIATES; the joint venture that executed the within inst and acknowledged to me that they executed the same, as joint venturers f above named, and that said joint venture executed the same as a partner F & M AND ASSOCIATES and that said last named joint venture executed the WITNESS MY HAND AND OFFICIAL SEAL SIGNATUR QLLG?. LQ&u NOTARY SIGNATURE e 0 a* STATE OF CALIFORNIA ) COUNTY OF SAN DIECO) sso On July 2 , 19 -’ 84 before me, the undersigned, a Notary Public in and for sa County and State, personally appeared D. R. mrthl,v, be the Secretary of PROVIDENT CAPITAL CORPORATION, the corporati the . that executed the within instrument and known to me to be the persons who executed the wit1 instrument on behalf of said corporation and acknowledged to me that such corporation execul ‘the within instrument pursuant to its By-laws or a Resolution of its Board of Directors; Si corporation being known to me to be a joint venturer of , a joint venture, the joint venture that executed the within instrument, i acknowledged to me that such corporation executed the same individually and as such jo venturer and that such joint venture executed the same. WITNESS my hand and official seal. , known to me , known to me to .. President, and Patricia R. Hirai - - F & M and Associates >i ,n /r v /, i; /f, I !{!,+ $/,f[- t. A %z s”, /y LY&[ 1 Nofary Public in ad for said County and State. 0 0 * EXHIBIT "A" That portion of Lot 131 of Carlsbad Tract No. 76-15 Unit 3, in the City of Carlsbad, County of San Diego, State of California, as shown on Map No. 10579 filed in the office of the County Recorder of said County, being a strip of land 20.00 feet wide, the northeasterly line of said strip of land is described as follows: Beginning at the most easterly corner of said Lot 131; thence N 38'11 '03" W 101.94 feet along the northeasterly line of said Lot 131 to the right-of-way line of High Ridge Avenue. The northwesterly and southeasterly terminii of the southwester line of the above described strip of land to be extended or shortened to join the northerly and southerly lines, respectively, of said Lot 131. . 449.01 8.. e e 3 €XHB/ 7- '0 ' ALLW L/NE LOT 131, &P AI2 10579 I-- r L. c-2 7- /.yc. t3,T L- SB,4:<' 24i. ,4MF ,ZyT 9 mf / q-7- LC, I /'a/ - ir>/r:'i .(n mA/ /C7p*rfi L,%A&u~,CIL' / 01h- /u/-tUCd /${, 4 ,C ,t?:S' i7-9 LC? 7- r ,++&-q .-3 'i s Lc27- zag> L', ,.: (S &f'"V',S A=;$N;LcA?4 r> 4 4 #Pi f,-, AA/+r\ -/-// \ kr/=I.! v<,/7., 04:-LGl RL!L7/L \ c3 L- u 0 (I I/*/- / -3 /o . VAN DELL AND ASSOC 17801 CARTWRiGHT ROAC IRVINE, CA 92714 (71 4) 474- 1400 /#D/LAATE.s PROPOS€D rnS€A€NT ., e * # CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real propert conveyed by the deed or grant dated from to the City of Carlsbad, California, a municipal corporatio is hereby accepted by the City Council of the City of Carls California pursuant to resolution No. 7757 , adopted on October 2, 1984 , and the grantee consents to the recordation thereof by its duly authorized officer. JdY 2, 1984 F & M mm .............................. DATED: October 3, 1984 By : t -% ’ 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 * - RESOLUTION NO. 7757 A RESOLUJION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING GRANT DEEDS FOR RIGHT-OF-WAY EASEMENTS FOR WATERLINE PURPOSES WHEREAS, F & M Associates has submitted a Grant Dee1 conveying a right-of-way easement to the City of Carlsbal waterline purposes ; said Deed is on file in the Office the City Clerk; and WHEREAS, LR Partnership, LTD. has submitted a Grant conveying a right-of-way easement to the City of Carlsba waterline purposes ; said Deed is on file in the Office the City Clerk; and WHEREAS, the City Council of the City of Carlsbad h determined it to be in the public interest to accept sai Deeds; NOW, THEREFORE, BE IT RESOLVED by the City Council the City of Carlsbad, California, as follows: i 1. That the above recitations are true and correc 2. That the Grant Deeds conveying right-of-way easements to the City of Carlsbad for waterline purpose! portions of Carlsbad Tract 76-15 are hereby accepted. 3. That the City Clerk is hereby authorized to cI the original Deeds to be recorded in the Office of the I Recorder of San Diego County, State of California, with appropriate Certificates of Acceptance attached. /// /// t I. 4. 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2nd day of October , 1984, by the following vote, to wit: ~y E s z NOES: None ABSENT: Council Mmkr Kulchin council mnkers casler, Lewis , Chick and Prescott 9L- 44 & MARY H. dASLER, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clhpk (SEAL) I