HomeMy WebLinkAbout1987-11-10; City Council; 7468-3; Grant Deep & Quitclaim EasementClirX>F CARLSBAD - AGEND**ILL
MTQ. TI-10-R7
DEPT. ENG.
TITLE:
ACCEPTANCE OF A GRANT DEED AND
QUITCLAIM OF DRAINAGE EASEMENTS
FOR CARLSBAD TRACT 82-26
DEPT. H
CITY ATTY
CITY MGR
RECOMMENDED ACTION:
Adopt Resolution No._T2£j7__ quitclaiming an easement for drainage
and access easement to maintain drainage facilities.
Adopt Resolution No.
purposes.
accepting a Grant Deed for drainage
ITEM EXPLANATION
As a condition to the approval of Carlsbad Tract 82-26, the developer
was required to install new drainage facilities and abandon a portion
of the existing drainage facilities. This requirement is due to the
location of the buildings on this site.
The grant deed for drainage purposes is necessary to accommodate the
extension of the existing drainage channel to its terminus adjacent to
the La Costa Golf Course.
With the construction of the open channel, the existing easement for
drainage and access to maintain drainage facilities is no longer
necessary. This easement was originally dedicated to the San Diego
County Flood Control District on Map No. 7784.
EXHIBITS
1.
2.
Location Map.
Grant Deed for La Costa Hotel and Spa, a California General
Partnership, dated July 18, 1984.
dUJ
1Q_
0.
?*7
4.
5.
Resolution No.
purposes.
Quitclaim Deed.
Adopt Resolution No. ^ £
accepting a Grant Deed for drainage
quitclaiming an easement for
drainage and access to maintain drainage facilities.
O
§
j
O
OO
LOCATION MAP
ALICANTE ROAD
Proposed Quitclaim of Drainage
and Access Easement to Maintain
Drainage Facilities
ALMADEN LN.
Existing
Drainage Easement
Existing
Drainage Channe
Easement
Proposed Drainage Easement
SITE
PROJECT NAME:
JOCKEY CLUB
PROJ.
NO.
CT82-26
EXHIBIT
..,. .
WHtM RECORDED, PLEASE
THUS INSTRUMENT TO:
City Clerk
City of Carlsbad
1200 Elm Street
Carlsbad, CA 92008
NO TRANSFER TAX DUE «fC0*Df« (/» O/Vir.
Easement
DRAINAGE
Assessor's Parcel Project Carlsbad Tract 82-26
No. 216-130-64 W. 0. No. TE6891
Parcel No. 84-0252-A&B
Log No. 932-7
LA COSTA HOTEL AND SPA, a California general partnership
hereinafter designated Grantorftf do(es) hereby grant, bargain, convey and release unto_£iJrZ_£z
Carlsbad, a Municipal Corporatioft - herein designated Grantee, its successors
and assigns, a perpetual easement and right-of-way upon, through, under, over and across the hereinafter described
real property for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of
an enclosed or unenclosed flood DRAINAGE channel and all structures incidental thereto, and for the flowage of any
waters in, over, upon or through said channel, together with the perpetual right to remove buildings, structures, trees,
bushes, undergrowth, and any other obstruction interfering with the use of said easement and right-of-way by the Grantee,
its successors or assigns. To have and to hold said easement and right-of-way unto itself and unto its successors and as-
signs forever together with the right to convey said easement, or any portion of said easement, to other public agencies.
The real property referred to hereinabove and made subject to said easement and right-of-way by this grant is situated
in the County of San Diego, State of California, and is particularly described as follows.
Parcel No. 84-0252-A (6-26-84) (ENG:RHH:nb)
A strip of land 10.00 feet in width lying within Section 36, Township 12
South, Range 4 West, San Bernardino Base and Meridian, in the City of
Carlsbad, County of San Diego, State of California, the Northeasterly
line of said strip being described as follows:
COMMENCING on the Southwest corner of Parcel 3 of Parcel Map No. 11722
filed in the Office of the County Recorder of San Diego County on October 9,
1981; thence South 76*01'37" East, 69.24 feet along the Southerly line of
said Parcel 3 to a point in the arc of a non-tangent 95.00 foot radius
curve, concave Northeasterly, a radial to said point bears South 47°42'43"
West, thence Southeasterly along the arc of said curve through a central
ORIGINAL
CCSF.
Parcel No. 84-0252-A (cont.)
angle of 29°17'49" a distance of 48.58 feet to the beginning of a tangent
reverse 105.00 foot radius curve, concave Southwesterly, said point being
the POINT OF BEGINNING; thence Southeasterly along the arc of said curve
through a central angel of 41°20'56" a distance of 75.78 feet; thence
tangent to said curve South 30°14'10" East, 147.44 feet to a tangent
95.00 foot radius curve concave Northeasterly; thence Southeasterly along
the arc of said curve through a central angle of 22°48'36", a distance of
37.82 feet; thence tangent to said curve South 53°02'46" East, 25.78 feet
to a non-tangent 60.00 foot radius curve, concave Southeasterly a radial to
said point bears North 62°51'53" West, thence Southeasterly along said
radial line South 62°51'53" East, 25.00 feet to the POINT OF TERMINUS.
Parcel No. 84-0252-B
An easement 25.00 feet in width lying within Section 36, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad,
County of San Diego, State of California, the Northwesterly line of said
strip being described as follows:
COMMENCING at the most Southeast corner of Parcel 3 of Parcel Map No.
11722 filed in the Office of the County Recorder of San Diego County on
October 9, 1981; also being an angle point on the Easterly boundary of
Lot 2 of Carlsbad Tract 82-26, Map No. 10986 filed in the Office of the
County Recorder of San Diego County on July 3, 1984; thence along the
Southeasterly boundary of said Lot 2 the following courses and distances:
North 88°08'28" West, 193.62 feet to the POINT OF BEGINNING; thence
continuing South 68°04'56" West, 161.27 feet to a 225.00 foot radius curve,
the center of which is South 21°55'04" East; thence Southwesterly through
a central angle of 23°55'54" for a distance of 93.98 feet; thence South
44009'02" West, 94.50 feet to a 60.00 foot radius curve, the center of
which is South 45°50'58" East; thence Southwesterly through a central
angle of 17°00'55" for a distance of 17.82 feet to the POINT OF TERMINUS.
The side lines of said 25.00 foot easement shall be lengthened and/or
shortened so as to terminate Southwesterly in a line bearing North
62°51'53" West through the POINT OF TERMINUS and Easterly in a-line
bearing North 88°08'28" West, through the POINT OF BEGINNING.
The Grantee shall have the right to fence all or any portion of said easement herein conveyed within which there is
installed or constructed an unenclosed flood drainage channel. The Grantee, its successors and assigns, shall be respon-
sible for operating, maintaining, and keeping in good repair the above described works of improvement.
The Grantor, his successors and assigns, reserves the right to enclose in a manner approved by the Grantee, its successors
ans assigns, any portion of an unenclosed flood drainage channel provided such enclosure is constructed or installed
by a licensed contractor in accordance with plans and specifications approved by and to the satisfaction of the Grantee,
its successors and assigns. In granting its approval the Grantee, its successors and assigns, may impose reasonable con
ditions including, but not limited to, the filing by the contractor or Grantor of an adequate performance bond to
guarantee completion of the work.
There is reserved to the Grantor, his successors and assigns, the right and privilege to use the above described land of the
Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee,
its successors and assigns, of the rights and privileges herein granted.
Executed this.18th .day of.July 19.84
C;TATC nc
(Acknowledgment
of Partnership)
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )ss
On July 18, 1984
LA COSTA HOTEL AND SPA, a California
general partnership
ATTard Roen, General Partner
By:
. before me, the undersigned, a Notary Public 1n and for
said State, personally appeared ' Allard Roen
and proved to me on the basis of satisfactory evidence
thp partners of the partnership that executed
acKnowieocnfto be
the within instrument, and acknowledged to me that such .partnership, executed the same..
WITNESS my hand and official seal.
Signature
OFFICIAL SEAL
BARBARA L TREMMEL
NOTAPV PunilC • CALIFORNIA
SAN DIEGO COUNTY
My comm. «xp)r»s MAY 16, 1986
fame (Typed or Printed;
(This area for official notarial seal)
- CSF. 85.31. 4/80
LE&EUP
AREA
FT
REFERENCE PRAWM6
+.
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated July 18, 1984
from La Costa Hotel and Spa
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution No. 9287 , adopted
on November 10, 1987 f and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: November 12, 1987
By; dfat&u X.
ALETHA L. RAUTENKRANZ, City/Clerk
1
2
27
28
RESOLUTION NO. 9287
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD. CALIFORNIA, ACCEPTING A GRANT DEED.
3,.
WHEREAS, La Costa Hotel and Spa, a California General Partnership has
4
submitted a Grant Deed conveying an easement to the City to Carlsbad for
5
drainage purposes over a portion of Carlsbad Tract 82-26 (Jockey Club); and
6
WHEREAS, the City Council of the City of Carlsbad has determined it to be7
in the public interest to accept said Deed;8
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of9
Carlsbad, California, as follows:10
1. That the above recitations are true and correct.11
2. That the Grant Deed from La Costa Hotel and Spa, a California General
Partnership dated July 18, 1984, conveying an easement for drainage purposes13
over a portion of Carlsbad Tract 82-26 (Jockey Club) to the City of Carlsbad14
which is on file with the City Clerk and is incorporated herein by reference, is15
accepted.16
3. That the City Clerk is authorized to cause the original Deed to be
recorded in the Office of the County Recorder of San Diego County, State of18
California, with the appropriate Certificate of Acceptance attached.j
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
MW
Council held on the l°th dav of November ,1937 by the following vote, to
22
23 ii
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
24
NOES: None
ABSENT: None26
ATTEST:
CtAUTJE A. LEWIS, Mayor
^ /c?^*-T.-r-"~JTJ T* * _ V, -**~rnr"^f^ ~T Tr^TiBr^ j>ALETHA L. RAUTENKRANZ, City Cle>k
(SEAL)
7
Onder No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
Rancho Real, Inc.
7690 El Camino Real, Suite 105
Carlsbad, CA 92009
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
Rancho Real, Inc.
7690 El Camino Real, Suite 105
Carlsbad, CA 92008
"DOCUMENTARY TRANSFER TAX $. .....
...... Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
Signature of Declarant or Agent determining tax — Firm Nam*
C.T. 82-26
CORPORATION QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The City of Carlsbad, a Municipal Corporation
acxorpcocatfox organized under the laws of the State of California , does hereby
REMISE, RELEASE AND QUITCLAIM to La Costa Hotel and Spa, a California General Partnership,
the drainage and easement for access to maintain drainage facilities granted per Map No.
7784 over, under and across
the real property in the City of Carlsbad
County of San Diego , State of California, described as
See attached Exhibit "A" incorporated herein and made a part hereof.
Also attached Exhibit "B" used for reference sake only.
Dated November 12, 1987 THE CITY. Off/CARLSBAD. A Municipal Corporatio
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
(ss.
on November 13. 1987 _ before me,
the undersigned, a Notary Public in and for said State, personally appear-
ed Claude A. Lewis
and_Aletha L. Rautenkranz
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons who executed the within instrument as
_ Mayor jBesewwaand
City Clerk
on behalf of The City of Carlsbad, A
Municipal Corporation ,
the corporation therein named, and acknowledged to me that such cor-
poration executed the within instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand aj?d official seal.
Signature.
CLAUDE A. LEWre, Mayoru'
By
City Clerk
****************************•FFICIAI. SEAL
KAKEN R. KUNOTZ
NOTARY PU8LIC-CAIIFO*NIA
SAN OIEG« COUNTY
My Cttnm. E«p. Sept. 2'l, 1M9
*****************************
MAIL TAX STATEMENTS AS DIRECTED ABOVE
(This area for official notarial seal)
1145 (6/82)
>•»"•*,
EXHIBIT "A"
LEGAL DESCRIPTION
DRAINAGE EASEMENT QUITCLAIM
All that portion of the existing easement dedicated to San Diego
County Flood Control District lying within Lot 1 of Carlsbad
Tract 72-25 In the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No. 7784 on file In the
Office of the County Recorder of said County, shown on said map
as "Drainage and Easement for Access to Maintain Drainage
Facilities Dedicated Hereon" said portion more particularly
described as follows:
BEGINNING at a point In the Southerly line of said Lot 1 distant
thereon South 76-01-37 East, 69.24 feet from the Southwest corner
of said Lot 1, said point being a point In the arc of a non-
tangent 95.00 foot radius curve concave Northeasterly a radial
line to said point bears South 47-42-43 West; thence
Northwesterly along the arc of said curve through a central angle
of 37-35-50 a distance of 62.34 feet; thence non-tangent to said
curve North 13-58-23 East, 37.46 feet to the Northerly terminus
of that 74.00 foot radius non-tangent curve concave
Northeasterly; thence Southeasterly along the arc of sal.d curve
through a central angle of 83-18-10 a distance of 107.59 feet;
thence South 69-19-47 East, 83.53 feet; thence South 88-08-28
East, 375.75 feet to a point on a tangent 100.00 foot radius
curve concave Northerly; thence Northeasterly along the arc of
said curve through a central angle of 23-28-32 a distance of
40.97 feet; thence North 68-23-00 East, 276.29 feet to a tangent
275.50 foot radius curve concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle
of 43-40-12 a distance of 209.98 feet to a point of compound
curvature and a 20.00 foot radius curve concave Westerly; thence
Northwesterly along the arc of said curve through a central angle
of 86-00-28 a distance of 30.02 feet to a point of reverse
curvature and a 25.00 foot radius curve concave Sou theaster I y;
thence Northeasterly along the arc of said curve through a
central angle of 256-09-40 a distance of 111.77 feet to a point
of compound curvature and a 287.50 foot radius curve concave
Northwesterly; thence Southwesterly along the arc of said curve
through a central angle of 53-31-00 a distance of 268.54 feet;
thence South 68-23-00 West, 221.31 feet to a point on a 10.00
foot radius tangent curve concave Southeasterly; thence Southerly
along the arc of said curve through a central angle of 62-36-33 a
distance of 10.93 feet; thence South 68-13-35 West, 56.59 feet;
thence North 88-08-28 West, 414.97 feet; thence North 69-19-47
West, 79.98 feet; thence North 76-01-37 West, 32.23 feet to the
POINT OF BEGINNING.
J.N. 5419
JN:gh
10-22-87
INC.
EXHIBIT "B"
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
RESOLUTION NO. 9288
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING QUITCLAIM FOR
DRAINAGE AND ACCESS PURPOSES TO MAINTAIN
DRAINAGE FACILITY.
WHEREAS, La Costa Hotel and Spa, a California General Partnership has
submitted a request for quitclaim of drainage and access easements over a
portion of Carlsbad Tract 82-26 (Jockey Club); and
WHEREAS, the City Council of the City of Carlsbad has determined it to be
in the public interest to quitclaim said easements;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Quitclaim Deed conveying drainage and access easements over
a portion of Carlsbad Tract No. 82-26 (Jockey Club), to La Costa Hotel and Spa,
a California General Partnership, which is on file with the City Clerk and is
incorporated by this reference; is approved.
3. That the Mayor is authorized to execute the deed and the City Clerk
is hereby authorized to cause the original Quitclaim Deed to be recorded in the
Office of the County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 10th dav of November <1987 Dy tne following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
CLAUDE A. LEWfS, Mayor
ALETHA L. RAUTENKRANZ, City Cler)
(SEAL)