HomeMy WebLinkAbout1989-03-28; City Council; 9936; ACCEPTANCE OF GRANT DEED FOR THE PURPOSES OF A 45 FOOT OPEN SPACE SETBACK EASEMENT ALONG BATIQUITOS BLUFF ADDING LOTS 2-5., - f
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c'P OF CARLSBAD - AGENaBlLL TTh,
DEF AB# 9736 TITLE: ACCEPTANCE OF GRANT DEED FOR THE PURPOSES OF A 45 FOOT OPEN SPACE MTG. 3/28/89 SETBACK EASEMENT ALONG BATIQUITOS CIT'
DEPT. PLN BLUFF ADDING LOTS 2-5 CIV'
i /r-i *x-/? // RECOMMENDED ACTION:
Adopt Resolution No.
establishing a 45 foot setback easement for lots 2 through 5 in Phase I Batiquitos Lagoon Educational Park Master Plan.
ITEM EXPLANATION
As part of the mitigation plan adopted by the City Council relative to tt facing Batiquitos Lagoon, SAMMIS Properties, Inc. was required to provi City a Grant Deed establishing a 45 foot easement for setback and oper purposes. In August of 1988, Council accepted a Grant Deed establishing foot easement on lots 6 through 35. Both the Master Plan and the ( Development Permit for the subject development requires a 45 to 50 foot s of all bluff top structures. In order to ensure compliance with requirements, it is necessary to accept another easement to cover lots 2 t 5. Acceptance of the attached Grant Deed, coupled with the Grant Deed ac
lots 2 through 35 in Phase I of the Batiquitos Lagoon Educational Park Plan. This easement will be recorded against all of these bluff top prop in Phase I and will specifically restrict placing any structures in the s area unless a subsequent amendment to the Master Plan is approved by bo City and the Coastal Commission.
Staff has received this easement and it has been reviewed by the P1 Department and City Attorney's office and is acceptable. Therefore, st recommending that the City Council accept the Grant Deed for the purpo establishing a 45 foot setback easement on all designated blufftop lots Phase I.
FISCAL IMPACT
None.
EXHIBITS
1) Grant Deed - Easement 2) Resolution No.
f%vA accepting the Grant Deed for the purp
in August, 1988, will mean that the 45' setback easement will be recorded a
rqdqbaccepting the Grant Deed.
I
' Order No. * Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
CITY CLERK
1200 Elm Avenue
Carlsbad, Ca. 92008
SPACE ABOVE THIS LINE FOR RECORDER'S US
1 , e e
CERTIFICATION FOR ACCEPTANCE OF DEED L
This is to certify that the interest in real property conveye
by the deed or grant dated
from BATIQUITOS BLUFF, a Califonria limited partnership
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsba<
California pursuant to resolution NO. 87-7'~ , adopted
on Lv\4Rcb+d/P, 191 9 B and the grantee consents to
recordation thereof by its duly authorized officer.
13 mnflttl I ! ?Sf
BY: && 2R-
ALETHA L. RAUTENKRANZ, dii
"BATIQUITOS BLUFF, a California limited partnership, as develo
and property owner of Carlsbad Tract No. 85-14, Phase I, its
successors and assigns hereby agrees to and does subordinate a
and all right, title and interest over, upon and across the 45
foot setback portion shown on Exhibits "A", "B", "C" and "D" a#
affecting Lots 2 through 5, inclusive, of Carlsbad Tract No. 8
14, Phase I (Batiquitos Lagoon Educational Park), in the City 1
Carlsbad, County of San Diego, State of California, according
Map thereof No. 11616, filed in the Office of the County Recorl
of San Diego County, September 12, 1986 by virtue of the limit
restrictions, covenants, conditions, reservations, easements a
equitable servitudes set forth in that certain Declaration of
Covenants, Conditions and Restrictions for Rosalena of Batiqui
recorded June 8, 1988 at File/Page No. 88-273675, Official Reel
of San Diego County, California, and any amendments thereto. 11
DATED : i3* 1.969
BATIQUITOS BLUFF, a Califor]
DONALI) E.'.
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HU7i&@: L 45' Sfl8ACf; 2 PUBL/C ACCESS 7RA/L €==s€M€NrP€f+ D€EB
R€STR/C770& f/L€'o S€fT II, 1386, f/LE NO.
8'6-399394 ; AND % - --
ROSALNA BLUFF LOT CLARIFICATlON OF EASEMENTS P DEED RESTRICTIONS
DATE 3-1
SCALE 1 EXHIBIT "Ayy 84-4419
PREPARED BY:
(619) 944-1010
* O'DAY CONSUUANTS
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5CZE N f'250'
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NOTE @ : i. 45 * Z7BifCX;
2. f?X&!/C ACCESS 7XWL €',S€M€,T PER DEE& f€ST'R/C77G" f/L€D S&PT t4 1386, F/,F NO. ffi.399394; AND - - -
ROSAUNA BlW LOT CLAMTION OF EAS€MEWS*A
DEED RESTRICTIONS
DATE: 3-1, scw 1'
84-4419 EXHIBIT LC B "
PREPARED BY:
O'DAY CONSULTANTS .
(619) 944-1010
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SCALE N I"=50'
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2. PU~LIC ACcES3 TRA/L €AS€M€MPER DF'D PESTR/CT/oN f'7LF.D SEPZ 1'4 t384, F/LEN'.
84-393394; AND --- -- - - -
-
ROSAUNA BLUFF LOT CLARFCATKM OF EASEMENTS I DEED RESTRICTIONS
PREPARED BY DATE: 31'
SCALE: 1 EXHIBIT "C" 84-4419
O'DAY CONSUUANTS
(619) 944-1010
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SCALE N /*=50'
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NO76 @ : I: 45' S€TBACX;
Z fb'iYL/C /3cC€5S TRAIL fAS€M€h'T P&ED€"' R€S TRIC T/ON f/L ED S€R i4 /98&, F/L € NO.
86-399354; AND -- -
- - -
-
ROSALINA BlW lDT CtARIFK=ATION OF EASEMENTS 1 DEED RESTRICTIONS
PREPARED BY: DATE: 3- SCALE: * ODAY CONSUKANTS
(619) 944-1010 - EXHIBIT " D" 84-44 19
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RESOLUTION NO. 89-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
FOR EASEMENT PURPOSES.
OF CARLSBAD, CALIFORNIA ACCEPTING A GRANT DEED
WHEREAS, SAMMIS Properties, Inc. has submitted
Deed conveying an easement to the City of Carlsbad for the 1
of establishing a 45' setback in Phase I of the Batiquito:
Educational Park Master Plan along the Batiquitos Lagoon:
WHEREAS, the City Council of the City of Carl:
determined it to be in the public interest to accept said
NOW, THEREFORE, BE IT RESOLVED by the City Counci
City of Carlsbad, California as follows:
1) That the above citations are true and correct.
2) That the Grant Deed from Batiquitos Bluff, a Ca
limited partnership acting on behalf of the SAMMIS Properti
and executed by Donald F. Sammis and dated March 13
conveying an easement for open space purposes over a poi
property located along the north shore of the Batiquitos La
within the first phase of the SAMMIS Master Plan to the
1 Carlsbad and which is on file with the City Clerk
incorporated herein by reference, is accepted.
3) That the City Clerk is authorized to cause the
deed to be recorded in the office of the County Recorder of
Diego County, State of California with the appropriate Cer
of Acceptance attached.
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W a
PASSED, APPROVED, AND ADOPTED at a regular meeti
Carlsbad City Council held on the 28th day of March
by the following vote, to wit:
AYES :
NOES : None
ABSENT: None
Council Members Lewis, Kulchin, Mamaux, Larso
ATTEST :
ALETHA L. RAUTENJKRANZ, Cit& Clerk
cc RESO NO. 89-72 -2-