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HomeMy WebLinkAbout1988-07-12; City Council; 9525; QUITCLAIM OF AN OFFER OF DEDICATION FOR A DRAINAGE EASEMENT OVER LOT 165 OF LA COSTA VALLEY UNIT NO. 4AB# y5dz MTG, 7/12/88 t DEPT. ENG* TITLE: DEPT QUITCLAIM OF AN OFFER OF DEDICATION FOR A CITY CITY DRAINAGE EASEMENT OVER LOT 165 OF LA COSTA VALLEY UNIT NO. 4 0 w c.c a B 2 .. 2 0 6 a $ 2 3 0 0 ITEM EXPLANATION This item is a request by the owners of Lot 165 of La Valley Unit No. 4 to quitclaim a portion of an offer of p drainage easement across the rear of their lot. The owners and Mrs. Winton contend the offered easement no longer s a public purpose and should be quitclaimed back to them. Engineering staff has reviewed the request and concurs wit owners contention, The easement was originally offerec dedication and rejected by the County Flood Control Distri accommodate drainage from adjoining private lands. Develo of these adjacent properties diverted the upstream drainage other acceptable drainage courses, thereby negating the nee the acceptance of the offered easement across the Win property. A small portion of the offered easement will be retained o Winton property to preserve an inlet structure which ac drainage from the Winton property for conveyance intc downstream private drainage system. The City obtained guardianship of the offer of easemei successor in interest of all the County Flood Control Ease with the dissolution of the Zone 1 flood control distri 1985. FISCAL IMPACT? None. EXHIBITS : 1. L Location Map 2. * Quitclaim Deed 3.1 Resolution No. fP-a3.t quitclaiming an off dedication for a drainage easement over Lot 165 of La Valley Unit No. 4 M :UTE IT - DON’T SAY L, ,, ! Date 7/22 To File Reply Wanted From Karen UNO Reply Necessary Re: Quitclaim from City of Carlsbad to Wayne R. and Ruby Winton We have prepared the Quitclaim for transmittal to the Wintons for recording. However, we have been notified by Mr. Ray Garrison (DE’S) that the Wintons address is : 1421 Chandler, Huntsville, Ala 35801. Ray suggested that since they live out of state, that their Engineer on the project, Brian Smith Eng. Inc. could record the document for them. Lee agreed to this. We have been instructed to call Gisela at Brian Smith Eng. when this is ready to pick up. PICKED UP FOR TRANSMITTAL TO RECORDER BY: .- - . ,a- c / -o/G,:7;5 -A;] e- -L*A 1 -l/ , 2, .~, ;;;. of Brian Smith Eng., Inc. Date AIGNER FORM NO 55032 PRI 0. '. , ,Qrier No. Escrow No. Loan No. WHEN RECORDED MAIL TO: Wayne R. Winton 1421 Chandler Huntsville, Alabama 35801 e SPACE ABOVE THIS LINE FOR RECORDER'S U: I .* :" 0 e EXHIBIT 1lAll LEGAL DESCRIPTION - QUITCLAIM DRAINAGE EASEMENT That portion of that 10.00 foot wide drainage easement lying with Lot 165 of La Costa Valley Unit No. 4 in the City of Carlsba No. 5781 on file in the Office of the County Recorder of SE County. Said portion being the northerly 101.76 feet of that 10.00 fc wide easement whose centerline bears North 20'48'47" East, 105. feet as shown on said Map No. 5781. county of San Diego, State of California according tto Map there Ey131017- 'E' f 4’ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 9 e RESOLUTION NO. 88-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING QUITCLAIM FOR AN OFFER OF DEDICATION FOR A DRAINAGE EASEMENT OVER LOT 165 OF LA COSTA VALLEY UNIT NO. 4 WHEREAS, Wayne R. and Ruby A. Winton have submitted for quitclaim of an offer of dedications for a drainage over a portion of Lot 165 of La Costa Valley Unit No. 4; WHEREAS, the City Council of the City of Carlsbad h mined it to be in the public interest to quitclaim said dedication; NOW, THEREFORE, BE IT RESOLVED by the City Council of of Carlsbad, California, as follows: 1. That the above recitations are true and correct 2. That the Quitclaim Deed conveying the offer of d for a drainage easement over a portion of Lot 165 of La Cos Unit No. 4, which is on file with the City Clerk and is inc by this reference; is approved. 3. That the Mayor is authorized to execute the dee I 1 City Clerk is hereby authorized to forward the original /// /// /// /// /// /// /// 1 /// /// 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 9 * Deed to the Wintons to be recorded in the Office of tl Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meetin Carlsbad City Council held un the 12th July 1 1988 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux NOES : None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City \Clerk (SEAL) j I I I