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Home My WebLink About1989-08-08; City Council; 10176; Quitclaim Of Two Covenants For EasementCIT’WF CARLSBAD - AGEND MTG. R-R-Rq QUITClAIM OF TWO COVENANTS RECOMMENDED ACTION: Adopt Resolution No.83 -d’? 6 quitclaiming all rights and interests of the City of Carlsbad under two covenants for easements recorded in support of Minor Subdivision 761. I ITEM EXPLANATION: As a condition of approval of Minor Subdivision 761, the developer was required to record covenants for easement for reciprocal access and for drainage purposes. These were recorded June 24, 1988 as File Nos. 88-304008 and 88-304009 respectively. The covenants were required as a tool to enable the purchaser of a parcel to obtain an easement from the owner of the other parcel after the land was divided and sold. As planned, the new owners of the two parcels have recorded two easement agreements which satisfied the conditions of approval of MS 761 and made the covenants. Bedford Properties, representing the owners, John and Linda Muckel and Kaiser Development Corp. has requested the City release the covenants. Engineering staff has reviewed their request and find that the covenants are no longer needed. FISCAL IMPACT: NONE DfHIBlTS 1. Location Map. 2. Quitclaim Deed to John and Linda Muckel. 3. Quitclaim Deed to Kaiser Development Corp. 4. Resolution No. 8 ?-.??(c , quitclaiming the City’s rights and interests under the two covenants for easement. . ‘. LbCATlON MA; LOKE” AVEIIUE WEST VICINITY MAP IOJECT NAME PRO3 It EXHIBIl BEDFORD PROF’ERTtLS ;%I?.% 1 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE (619) 434.2908 August 10, 1989 Bedford Properties P.O. Box 755 Rancho California, CA 92390 Attn: Steve Silla Re: Quitclaim of Two Covenenats for Easement - MS-761 The Carlsbad City Council, at its meeting of August 8, 1989, adopted Resolution No. 89-276, approving quitclaims to John and Linda Muckel and Kaiser Development. These quitclaims return rights and interests under covenents for easement in connection with MS-761. Enclosed, per instructions in the Resolution, are the two original Quitclaim Deeds 60 that you may have them recorded in the Office of the County Recorder of San Diego County. Also enclosed for your records is a copy of Resolution No. 89-276. Ems. Recording Requested by: Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: Bedford Properties P.O. Box 755 Rancho California, CA 92390 Attn: Steve Silla MAIL TAX STATEMENTS TO: Kaiser Development Corp. P.O. Box 308 Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER’S “SE WCUMENTARY TRANSFER TAX b-9- $...a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Computed on the consideration or Value Of property conveyed; OR Computed on the consideration or “d”B Iem liens or enc”mbrancer remaining at tims Of Sd8. .-.-~.ifY.._of.C_aar!sba.d~~~ sigmtwe Of DeElar.“t or Agent de,termi”ins tax - FhTl Nam* A.P.N. 209-081-27 MS 761 PR 2.3.23 PR 3.2.30 CORPORATION QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Carlsbad, a municipal x corporation organized under the laws of the State of California , does hereby REMISE, RELEASE AND CIUITCLAIM to Kaiser Development Corp., all interests and rights under two convenants for easement recorded June 24, 1988 as file No. 88-304008 and 88-304009, over, across and upon the real property in the City of Carlsbad County of San Diego , State of California, described as Parcel B of Minor Subdivision 761 as shown on Parcel Map No. 15275 filed in the office of the County Recorder of San Diego County, June 23, 1988, as File No. 88-304007 Dated August 8, 1989 0” August 10, 1989 t&ore me, ,he”“dersigned.a Notary Publicin andforsaid State,penonallyappesr- ed Claude A. Lewis __---______________ and&ha L. W ------------ persmal~y known lo me (or proved to me on the basis 01 satisfactory evidence) to be the person* Who executed the within in*tNm*“t as Mayor _____-----__------ ui4xat&&a”d City Clerk __-_--____________ sw on behan ot the City of Carlsbad, A Municipal -~~E_rporat&n ____-_---------___________ the corpamion therein named. and acknowledged to me that SUCh ccc poratio"~ executed the within instrument p"rsYa"t to its by-law* or * reSOl"tio" Of its board of directors ALETHA L. KAUTENKRANZ, City Clerk . ..*.~.1+**1.1****~.****...~ oFnclALsI*L : KAREN R. KUNDTZ : : NOTMI NB”c--U”FOkNIA Em Olmo COUNT” : : My Crnrn. b,. sepl. 27. 198, .**.*~..*.,.***.....**...**** i MAIL TAX STATEMENTS AS DIRECTED ABOVE 1146 (6/62) RECORDING REQUESTED BY: _. Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: Bedford Properties P.O. Box 755 Ranch0 California, CA 92390 Attn: Steve Silla MAIL TAX STATEMENTS TO: John & Linda Muckel 1161 E. Art&a Blvd. Carson, CA 90746 SPACE ABOVE THlS LlNE FOR RECORDER’S “SE IXJCUMENTARY TRANSFER TAX 8.0. . &?& . . . . . . . . . . . . . . . . . . . . ccmputed on the conrideratian or “Sl”B Of property conveyed; OR Computed an the canrideration or value less liens or sncumbrances remaining at time of *ale. CORPORATION QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Carlsbad, a municipal A corporation organized under the laws of the State of California , does hereby REMISE. RELEASE AND QUITCLAIM fo John and Linda Muckel, all interests and rights under two convenants for easement recorded June 24, 1988 as file No. 88-304008 and 88-304009, over, across and upon the real property in the City of Carlsbad Countv of San Diego , State of California, described as Parcel A of Minor Subdivision 761, as shown on Parcel Map No. 15275 filed in the office of the County Recorder of San Diego County June 23, 1988 as File No. 88-304007 Dated August 8, 1989 ~~~~&AL’F’b~~~~ is9 On August 10, 1989 before me. Ihe “nder*ig”ed.a NotalyP”blic lnandfotsaidState,pe~onallyapp*ar- ed Claude A. Lewis -__----___________ a”* Aletha L. Rautenkranz perSOnally known to me (0, proved to me on the b&S Of stisfactto~ evidence, lo be the LwBrsons Who executed the with,” ,ns,rwnent 88 ALETHA L. RAUTENKRANZ, City Clerk Mayor ------------------- R&-and City Clerk __________________ -- onbeha,fof the City of Caxlabd. A Mmici& Corporation --------------------------- the corpaation therein named. and acknowledged to me that such cm- poration executed the within instrument ~unuant to its by-laws or a revolution of its board of directors MAIL TAX STATEMENTS AS DIREC .*l***.I.*l~.*.*.l*...*...*** OFmclA‘(lrAL f KAREN R. KUNDTZ : NOTARY NBCIC-CIurOANII SAN bma COUN.W My cmm. hp. svl. 27. 1989 I ,Thi. area tar of‘icial notarial S.81) 1145 TED ABOVE W62) L . . 18 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, QUITCLAIMING THE CITY’S RIGHTSAND INTERESTS UNDER TWO COVENANTS FOR EASEMENT RECORDED IN SUPPORT OF MINOR SUBDIVISION 761, WHEREAS, two covenants for easement were recorded as File No. 88-304008 and 88- 304009 on June 24, 1988 for Minor Subdivision 761, to which the City was a party; and WHEREAS, the owners of the two parcels created by MS 761 have subsequently recorded two easement agreements which satisfied the requirement for which the covenants for easement were required; and WHEREAS, the two covenants for easement are no longer need to be an encumbrance on the parcels; and WHEREAS, Bedford Properties representing the owners of the parcel has asked the City to release the covenants; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim the City’s rights and interests under said covenants for easement. 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 two Quitclaim Deeds releasing the City’s rights and interest in two covenants for easements over Lot 16 of Carlsbad Tract No. 74-21, to John and Linda Muckel and to Kaiser Development Corp., which are on file with the City Clerk and are incorporated by this reference; are approved. Ill Ill Ill , Ill .- 3. That the Mayor is authorized to execute the deeds and the City Clerk is hereb 1 authorized to cause the original Quitclaim Deeds to be transmitted to Bedford Properties, P.O. 2 1 3 Box 755 Ranch0 California, CA 92390 (Attn.: Steve Silla) for recordation in the Office of th 4 County Recorder of San Diego County, State of California. 5 I PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counci 6 held on the 8th day of August , 1989 by the following vote, to wit: 7 AYES: Council Members Lewis, Kulchin, and Mamaux 8 NOES: None 9 ABSENT: COW-I 10 11 12 ATTEST: 13 II 14 15 16 17 18 19 20 21 22 23 24 25 26 27