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Home My WebLink About1987-09-01; City Council; 9145; ACCEPTANCE OF A GRANT DEED FOR GENERAL UTILITIES EASEMENT PURPOSES AND QUITCLAIM OF A GENTERAL UTILITIES EASEMENT - PD-2720 9 8 M Q: a" .. z 0 I- o - a d o z 3 0 0 bl vr bnnLaDnv - nuciu BILL '.I AB# 714 3- TITLE: DEPT. CITY P MTG. 9/1/87 ACCEPTANCE OF A GRANT DEED FOR GENERAL UTILITIES EASEMENT PURPOSES AND QUITCLAIM DEPT.h OF A GENERAL UTILITIES EASEMENT (PD-272) CITY n RECOMMENDED ACTION: Adopt Resolution No. 4)s 0 9 accepting a Grant Deed for general utilities easement purposes (water lines) . Adopt Resolution No. ?dl0 quitclaiming an easement for general utilities purposes over a portion of Lot 36 of Map #1136. ITEM EXPLANATION Hughes North County Associates, developers of a commercial project known as North County Plaza (PD-272), have requested relocation of an existing city utility easement within their project. The relocation is necessary to accommodate a change in the location of a proposed public water line. Staff has prepared a quitclaim easement and the developer has submitted a grant deed easement for council acceptance. The general utility easement line location. submitted for acceptance is consistent with the new water FISCAL IMPACT No Fiscal impact to the City. EXHIBITS 1. Location Map. 2. Grant Deed from Hughes North County Associates, dated July 14, 1987. 3. Quitclaim Deed. 4. Resolution No. ?a07 accepting a Grant Deed for general utilities easement purposes (water lines) @ 5. Resolution No. 92 10 quitclaiming an easement for general utilities purposes over a portion of Lot 3f of Map #1136. I NEW EASEMENT5 EASNfNT TO 0 REC~RDING REQUESTED BY : I' * i City Clerk City of Carlsbad AND WHEN RECORDED MAIL TO Name r City Clerk 1 Street Address 1200 Eh AVenUe City Carlsbad, CA 92008 ;:pate L J 0 SPACE ABOVE THIS LINE FOR RECORDER Street SAME Address city ;:pate L J DOCUMENTARY TRANSFER TAX $ -COMPUTED ON FULL VALUE OF PROPERTY CONVEYEC -OR COMPUTED ON FULLVALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. NJI I c3ct/*rj Signature of Declarant or Agent determining tax. Firm Name 5 9 2 71 .- N -r rr; 0 z E Lr, A.P.M. 156-301-05,13 GRANT DEED (Escrow No. .................. (PARTNERSHIP) By this instrument dated ............................................................................................. , for a valuable considerat HUGJBS IJORTH C0UL;ITy ASSOCIATES, a General Partnership organized under the la of the State of California. hereby GRANTS to The City of Carlsbad, a Wcipal Corporation, an eas-t for General Utili Purposes over the following described Real Property in the State of California, County of City of Carlsbad San Diego ............................................................... ...................................................................... See attached EXHIBIT A for legal description of public utilities easement. HUGHES NORTH COUNTY ASSOCIATES, a CA gen. ptn BY: HI-NC, a CA general ptnrshp, General Par BY: HUGHES INVESTMENTS, a CA general pt ..................... Thomas H. Purcell General Partner .......................................................................................... On .............................................. 19 .........., before me, the undersigned, a Notary Public in and ss. County and State, personally appeared ............................................................................................ basis of satisfactory evidence to be the person .......... that executed this instru behalf of the partnership and acknowledged to me that the partnership exc ......................................................................................................................................... roved to n ........................... I STATE OF CALIFORNIA COUNTY OF........ Notary's Signature ........................................................................................... MAII TAV CTATrMehiTC AC niDct-Trn Amn\ir W e STATE OF CALIFIORNIA ) ) ss. COUNTY OF ORANGE 1 87 Trish Sheehan On this 26th day of May , 19 , before me, a Notary Public in and for said state, personally appeared , known to me to be the partne of HUGHES INVESTMENTS, the partnership that executed the within instrument known to me be the person( s) who executed the within instrument on behalf said artnershi the partner a7 HUGHESNORTH’ COUNT; ASSOCIATES , the partnership tha executed the wi[e that this/these per executed same as such partner of said partnership fir t above named and th partnership executed same as partner of H1-NC* a California gene partner that partnership executed same as partner of HUGHES NORTH COUNTY ASSOClAT a partnership, and that said last named partnership executed the same. Thomas H. Purcell said partnership being known to me to be a Partner of HI- R c, a CalifGrnia gen. Partnershlpthe partnership which is known to me WITNESS my hand and official seal. d ’) 1J-u 4LJ uL.-.# w 0 SHEET 1 OF 8533-86-12 4-1-87 EXHIBIT A - EASEMENT FOR PUBLIC UTILITIES PURPOSES (SEE EXHIBIT B) PORTIONS OF LOT 36 OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT, IN THE CI1 OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING MAP THEREOF NO. 1136, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIE( COUNTY JUNE 8, 1908; TOGETHER WITH PORTIONS OF LOT 29 OF CARLSBAD TRACT NO. 76-18 (PLAZA CAMINO REAL SHOPPING CENTER) IN THE CITY OF CARLSBAD, : THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF I 8956, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 11, 1978, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STRIPS OF LAND 15.00 FEET WIDE, LYING 7.50 FEET, MEASURED AT RIGHT ANGLE ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT A POINT NORTH 89'43'05" WEST, 160.00 FEET FROM POINT "All, P SAID POINT IS DESCRIBED ON EXHIBIT A, SHEET 4 OF 7, OF DOCUMENT RECORDEC JULY 21, 1986 AT FILE/PAGE 86-300372; THENCE SOUTH 0'24'44" WEST, 42.57 FEET TO A TERMINUS. ALSO: BEGINNING AT POINT "N", AS SAID POINT IS DESCRIBED ON EXHIBIT A, SHEET E OF 7, OF DOCUMENT RECORDED JULY 21, 1986 AT FILE/PAGE 86-300372; THENCE NORTH 45'24'44" EAST, 108.86 FEET; THENCE NORTH 0'24'44" EAST, 30.80 FEE TO A TERMINUS. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED AND FORESHORTENED AT THE ANGLE POINT. ALSO: BEGINNING AT A POINT SOUTH 0'24'44" WEST, 21.25 FEET FROM POINT "Q", AS SAID POINT IS DESCRIBED ON EXHIBIT A, SHEET 6 OF 7, OF DOCUMENT RECORDEC JULY 21, 1986 AT FILE/PAGE 86-300372; THENCE SOUTH 89"35'16" EAST, 40.0( FEET TO A TERMINUS. t- #v & rnN8/X CITY CY ML 3 ”) 3, e ET& 2 “Ni%!2 L \ NOLTL and ASSOCIATES Enoinecn / Planners I Surveyors 9755 Clainmont Mesa Bwlcnrd, San Diyo, CA 9t124 Tcl: (619) 278-9392 FAX No. (619) 270-4620 €XH/F/7- 6 EVE7/1 CtW Ac 37 -. d,@' 6WUW UOLUY &'%r * Poliv7-floiaTm /s m m NO &-rn372 KW- 7-U-m. ---_-____ -_-__- --- l&%%!WMRP/G d7ZW255 MRfQ' &ZfZEU 7- Z/-& diTf/Pi%-2kD372 &&TAIL B L b NOLTE and ASSOCIATES 9755 Chlrcmont Mesa Bwlcvrrd, S.n Diego, CA 92124 lek (61Y) 278-9391 FAX No. (619) 278-4628 Engineers I Planners I Surveyors EXH/B, HET : 6 hfk c c 7,3 w * + CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated May 26, 1987 from Hughes North County Associates to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbac California pursuant to resolution No. 9209 , adopted on September 1, 1987 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: September 3, 1987 / By : ALW dTC<%Z%z> I I w 6 the within instrument as the &st - vi cp. I President, and Helen M. AdZiInS W J 0 4 6 personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed * personally known to me or the person who executed the within instrument as the m t- of the Corporation that executed the within instrument and acknowledged fn mp that such corporation executed the within instru- proved to me on the basis of satisfactory eidence to be --- -. 1 )e AMYL. SOLOHI0 NOTARY PUBClC CAL FORNIA PRINCIPAL OFFICE IN ORANGE COUNTY -:*=inn Fvnirix laniary 7 1991 ~ w $ -I E 8 of satisfactory evidence to be the person who executed the within instrument as the Ass 1s tan t Vice T W President, and Helen M. Adams personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the U Sew- of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. 5 vipp Prpsi '* 1 NOTARY PUBLIC CAL FOHNIA PRINCIPAL OFFICE Ipd (This area for official notarial seal) hereinabove described. IN WITNESS WHEREOF the BENEFI IARY and TRUSTEE has caused this instrument to be executed this c 4 day of +L, 19iq-Z. AS TRUSTEE: AS BENEFICIARY: I UNION BANK UNION BANK Helen M. Adam: Vice President Helen M, dams Vice President , w 0 -. r. EXHIBIT "A" PORTIONS OF LOTS 32 TO 36 INCLUSIVE, OF HOSP EUCALYPTUS PORE! COMPANY'S TRACT, IN THE CITY OF CARLSBAD, THE COUNTY OF SAN DIEG( STATE OF CALIFORNlA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN Tl OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 8, 190 AS GRANTED TO HUGHES NORTH COUNTY ASSOCIATES, A CALIFORNI GENERAL PARTNERSHIP, BY DOCUMENT RECORDED FEBRUARY 4, 1983, I PILE NO. 83-038256 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEC COUNTY. .. I I I w AND WHEN RECORDED MAIL TO r 1 Name City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Street Address Clty & State L -I MAIL TAX STATEMENTS TO r 1 Name City of Carlsbad 1200 Elm Avenue Address Carlsbad, CA 92008 City & Street State L _I 0 SPACE ABOVE THIS LINE FOR RECORnER'S U! -I2 -I an oa4- The undersigned grantor(s) declare(s): Documentary transfer tax is $ N I ( + ( ) computed on full value of property conveyed, or . CAT. NO. "00576 Corporation Quitclaim Deed 10 1920 CA (7--82) THIS FORM FURNISHED BY TICOR TITLE INSURERS ( ( ) Unincorporated area: ( X ) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Carlsbad, a Municipal Corporation ) computed on full value less value of liens and encumbrances remaining at time of sale. xaxcmpi~&% organized under the laws of the State of California hereby REMISES, RELEASES AND QUITCLAIMS to HuGhIES NORTH couNI71 ASSOCIATES. a General Partnership organized under the laws ( State of Calj fomia. the following described real property in the City of Car 1 s bad Countyof San Diego , State of California: See attached EXHIBIT A FOR LEGAL DESCRIPTION ALL AS SHOWN ON EXHIBIT B ATTACHED HERETO AND INCORPORATED BY THIS REFERENCE. In Witness Whereof, said corporation has caused its corporation name and seal to be affixed hereto instrument to be executed by its MaYor Pro-Tem City Clerk thereunto duly authorized. Dated: September 3, 1987 % STATE OF CALIFORNIA COUNTYOF SAN DIEGO On September 4, 1987 me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Mayor Pro-Tern Rtssiht, and Aletha L. personally known to be or proved to me on the basis of satisfactory evidence to be the erson who executed the within instrument as the S%wq of the Corporation that executed the within instrument and acknowledged to me that such corpo- by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Ann J. Kulchin Rautenkranz ** ..................... * KAREN R. KUNOTZ * .............................. * OFFICIAL SEAL # * Zity Clerk * NOTARY PUBLIC-CALIFCJ&NIA f * * * My COmm ExP Sept. 27, lgsg g SAN DIEGO COUNTY * ration executed the within instrument pursuant to its Signature (This area for official notarial seal) c.- -_,.... ,.- r ,..... hi- Title Order No . w , - Q7Y &= a2ZNSlE (21 SF ET& 2 “avs%Z h=k NOLTE and ASSOCIATES Enrlneen I Plamm I kmyon 9755 Cl.lremed Men BaM, kr -0, CA ,2124 f& (619 27M392 FAX No. (6lV tfuuI €X4/0/7- k5 WET/ tBvz2flffmm ur/un/Ewrw~F a/MEp---- 1. r/$' m "T . Ni NOLTE and ASSOCIATES Ens- I Ptannn I Suwyom 9755 Chktmcmt aka hkd, ka Mcro, CA 92124 f.C @lq t7H39l FAX )la (clq rtu(t( &Xffk HE57 '1; w 0 SHEET 1 OF 8533-86-12 4-1-87 EXHIBIT A - QUITCLAIM OF EASEMENT FOR PUBLIC UTILITIES PURPOSES (SEE EXHIBIT 1) A QUITCLAIM OF A PORTION OF THAT EASEMENT GRANTED TO THE CITY OF CARLSBAL OVER A PORTION OF LOT 36 OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT, IN Tt CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 8, 1908, ACQUIRED BY THE CITY OF CARLSBAD PER DOCUMENT RECORDED IN THE OFFICE OF SAID COUNTY RECORDER JULY 21, 1986 AT FILE/PAGE 86-300372, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET WIDE, LYING 7.50 FEET, MEASURED AT RIGHT ANGLE ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT POINT "A", AS SAID POINT IS DESCRIBED ON EXHIBIT A, SHEET 5 OF 7, OF DOCUMENT RECORDED JULY 21, 1986 AT FILE/PAGE 86-300372; THENCE SOUTH 0'24'44" WEST, 7.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0'24'44" WEST, 35.43 FEET TO A TERMINUS, v 0 1200 ELM AVENUE TELEPI- CARLSBAD, CALIFORNIA 92008 (619) 43, Office of the City Clerk Citp of Carls’bab September 8, 1987 Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112 Enclosed for recordation are the following described documents: Partnership Grant Deed from Hughes North County Associates to The City of Carlsbad APN: 156-301- 05, 13 Public Utilities Easement Subordination Agreement Easement for General Utilities Purposes Union Bank, a California Corporation and Hughes North County Associates Our staff has determined that the recordation of these documents is of benefit to the City; therefore, it is requested that the fees be waived. Thank you for your assistance in this matter. Fi!!iFfl Encs. w 0 TELE (619) 1200 ELM AVENUE CARLSBAD, CALI FORNlA 92008 Office of the City Clerk aitp of aarrs’bab September 8, 1987 Hughes North County Associates Two Corporate Plaza, Suite 250 Newport Beach, CA 92660 Re: Quitlclaim of General Utilities Easement - P.D. 272 The Carlsbad City Council, at its meeting of September 1, 1987, approved the quitclaim of an easement for general utilities purposes over a portion of lot 36 in North County Plaza, located off Marron Road. Enclosed is the original Quitclaim Deed from the City of Carlsbad to Hughes North County Associates, so that you may have it recorded with the San Diego County Recorder. Also enclosed for your records is a copy of Resolution No. 9210, which approved the quitclaim. $?A* eputy City Clerk Enc . F- i 1 2 3 4 5 f2 7 8 9 lo 11 12 l3 l4 l5 l6 17 l8 l9 20 21’ 22 23 24 25 26 27 28 w 0 RESOLUTION NO. 9209 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD f CALIFQRNIA I ACCEPTING A GWT DEED. WHEREAS, Hughes North County Associates HAVE sub1 Grant Deed conveying an easement to the City of Carls general utilities purposes over a portion of Lot 36 of Mal and WHEREAS, the City council of the City of Carls determined it to be in the public interest to accept said NOW, THEREFORE, BE IT RESOLVED by the City council City of Carlsbad, California, as follows: 1. That the above recitations are true and correct 2. That the Grant Deed for Hughes North Associates, dated May 26th, 1987, conveying an easemt general utilities over a portion of Lot 36 of Map #1136 City of Carlsbad which is on file with the City Clerk incorporated herein by reference, is accepted. 3. That the City Clerk is authorized to cat original Deed to be recorded in the Office of the County R I /// /// /// /// /// /// /// /// /// t 1 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 l5 16 v w of San Diego County, State of California, with the app Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meetinc Carlsbad City Council held on the 1st day of SeptemI 1987, by the following vote, to wit: AYES: Council Members Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: Council Member Lewis &y&.k!iA& CLAUDE A. LEWIS, Mayor ANN J. KULCHIN, Mayor Pro-Tem ATTEST: l2.&& 4. n ALETHA L. RAUTEN-edlerk (SEAL) 17 l8 19 20 21 22 23 24 25 26 I I I . 1 2 3 4 5 6 7 8 9 lo 11 12 l3 14 15 l6 I.7 18, 19 2o 21 22 23 24 25 26 27 28 v m RESOLUTION NO. 9210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING QUITCLAIM OF A GENERAL UTILITY EASEMENT. WHEREAS, Hughes North County Associates have a rec quitclaim of a general utilities easement over a portion 36 of Map #1136: and WHEREAS, Hughes North County Associates have submi replacement grant deed for a general utilities easement portion of Lot 36 of Map No. 1136; and WHEREAS, the City Council of the City of Carlsb determined it to be in the public interest to quitclai easements : NOW, THEREFORE, BE IT RESOLVED by the City Council City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Quitclaim Deed conveying a general uti easement over a portion of Lot 36 of Map #1136 to Hughes Count Associates, which IS on file with the City Clerk incorporated by this references; IS approved. ~ 3. That the Mayor is authorized to execute the del the City Clerk is hereby authorized to cause the or Quitclaim Deed to be recorded in the Office of the County / I /// 1 /// 1 /// /// /// /// /// < 1 2 3 4 5 6 7 8 9 10 11 12 v W Recorder of San Dieqo County, State of California. PASSED, APPROVED AND ADOPTED at a regular meetin? Carlsbad City Council held on the 1st day of SePtem 1987, by the following vote, to wit: AYES: Council Members Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: Council Member Kulchin ANN J. KULCHIN, Mayor Pro-Tern ATTEST : 14 15 16 17 18 19 20 (SEAL) i 21 I 22 I 23 24 25 26 27 28 I I