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HomeMy WebLinkAbout1988-08-09; City Council; 9586; ACCEPTANCE OF GRANT DEED FOR THE PURPOSES OF A 45 FOOT OPEN SPACE SETBACK EASEMENT ALONG BATIQUITOS BLUFFI, WP J. - PURPOSES OF A 45 FOOT OPEN SPACE RECOMMENDED ACTION: Adopt Resolution No. ffi2FD accepting the Grant Deed for t purpose of establishing a 45 foot setback easement in Phase I the Batiquitos Lagoon Educational Park Master Plan. ITEM EXPLANATION As part of the mitigation plan adopted by the City Counc relative to the lots facing Batiquitos Lagoon, SAMMIS Propertie Inc. was required to provide the City a Grant Deed establishing 45 foot easement for setback and open space purposes. Th easement will be recorded against lots 6 through 35 in Phase I the Batiquitos Lagoon Educational Park Master Plan. Th easement will be recorded against all of these properties Phase I and will specifically restrict placing any structures the setback area. Staff has received this easement and it has been reviewed by t Planning Department and City Attorney's office and is acceptabl Therefore, staff is recommending that the City Council accept t Grant Deed for the purposes of establishing a 45 foot setba easement. FISCAL IWACT EXHIBITS 1) Grant Deed - Easement. 2) Resolution No. ffozBaccepting the Grant Deed. a 0 a 9 !i .. z 0 4 - L 4 5 z 3 0 0 I RECORDING REQUESTED Y .. crc 'L ~- . AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW. MAIL TAX STATEMENTS TO: NAME r 1 STREET ADDRESS CITY. _1 STATE ZIP L Title Order No ..__...__....____.______.___ Escrow No ........................... e This spoce for Recorder's use I i 1 : - I PARTNERSHIP GRANT DEED EASEM ME^ THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TUNSFER TAX is $ @ 0 --unincorporated area & City of City Of Carlsbad Parcel No. 0 computed on full value of property conveyed, or 0 computed on full value less value of liens or encumbrances remaining at time of sale, afi FOR A VALUABLE CONSIDERATION, receipt of which is herety acknowledged, BATIQUITOS BLUFF, a California limited partnership, hereby GRANT (S) to City of Carlsbad, a municipal corporation, the following described real property in the City of Carlsbad, county of Sari Diego , state of California: An in gross easement for setback and open space purposes over, upon and acrc the 45-foot setback portion shown on recorded final subdivision Map No. 11616 affecting Lots 6 through 35, inclusive, of Carlsbad Tract No. 85-14, Phase (Batiquitos Lagoon Educational Park), in the City of Carlsbad, County of San Die@ State of California, according to Map thereof No. 11616, filed in the Office of t County Recorder of San Diego County, September 12, 1986. This conveyance shall be subject to all of the limitations, restrictior covenants, conditions, reservations, easements and equitable servitudes set forth that certain Declaration of Covenants, Conditions and Restrictions for RosaLena Batiquitos recorded June 8, 1988, at File/Page No. 88-273675, Official Records San Diego County, California, which Declaration is incorporated herein by referenc This conveyance shall also be subject to all covenants, conditio1 restrictions, reservations, easements, agreements and other rights of record as the date of this deed. BATIQUITOS BLUFF, a California July 25, 1988 SAN DIEGO Dated STATE OF CALIFORNIA COUNTY OF- Xb'T* July , in the year -, On this ~ day of before me, the undersigned, a Notary Public in and for said County and State, personally appeared Donald F. Smis } ss. 1988 *- ., , personally known to me me on the basis of satisfactory evidence) to be -&&e partner# of the partnership that executed the ent, and acknowledged to me that such partnership wux. b LW :A3 i.. executed the same. Signature Ser?*;Cbr- L! cL"\\;y\s Name (Typed or Printed) Notary Public in and for said County and State (Space above for official notarial ~al) MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED 2 0 m i, -~51-0413 f-' 2. Id452 /- J <7-ZS)~W '. u 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 0 0 88-290 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CIm OF CARLSBAD, CALIFORNIA ACCEPTING A GRANT DEED FOR EASEMENT PURPOSES. WHEREAS, SAMMIS Properties, Inc. has submitted a Deed conveying an easement to the City of Carlsbad fo: purposes of establishing a 45' setback in Phase I oj Batiquitos Lagoon Educational Park Master Plan along Batiquitos Lagoon; and WHEREAS, the City Council of the City of Carlsbac determined it to be in the public interest to accept said NOW, THEREFORE, BE IT RESOLVED by the City Council c City of Carlsbad, California as follows: 1) That the above citations are true and correct. That the Grant Deed from Batiquitos Bluf California limited partnership acting on behalf of the S Properties, Inc. and executed by Donald F. Sammis and July 25, 1988, conveying an easement for open space pur over a portion of property located along the north shore c Batiquitos Lagoon and within the first phase of the S Master Plan to the City of Carlsbad and which is on file the City Clerk and is incorporated herein by referencc accepted. 2) 3) That the City Clerk is authorized to caust original deed to be recorded in the office of the C Recorder of the San Diego County, State of California Wit appropriate Certificate of Acceptance attached. .C 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 * e PASSED, APPROVEDf AND ADOPTED at a regular meeting of Carlsbad City Council held on the 9th day of August f 198 the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES : None ABSENT : Council Member Larson / kLAtfDE k LEWIS, Mayor ATTEST: CC RES0 NO. 88-290 -2-