HomeMy WebLinkAbout1989-10-10; City Council; 10298; ACCEPTANCE OF QUITCLAIM DEED FOR PORTION OF ELM AVENUE EAST OF EL CAMINO REALe
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1 CIBOF CARLSBAD - AGENWBILL
AB#-. TITLE: ACCEPTANCE OF QUITCLAIM DEED FOR DEPT. k
MTG, 10/10/89 PORTION OF ELM AVENUE EAST OF CITY A1
DEPT. MP CITY M(
RECOMMENDED ACTION:
EL CAMINO REAL
accepting a Quitclaim Deed for Q-c- /JSg Adopt Resolution N0.C) 1
portion of Elm Avenue east of El Camino Real.
ITEM EXPLANATION:
In 1973, an offer of dedication was made to the City by an adjacc property owner along the north side of Elm Avenue east of El Cam: Real. The dedication was made in conjunction with the right-c
way requirements for the widening of Elm Avenue and the recordat:
of the Tanglewood Subdivision Map, CT 74-25, Unit 2, Map No. 101;
For whatever reason, the offer of dedication was not formal
accepted by the City of Carlsbad at that time. This triangul
piece of property as delineated in the attached diagram is locat
entirely within Elm Avenue which was widened to its ultimate wic
in 1988. The prope,rty owners have indicated their desire to clc up any and all outstanding liens, encumbrances, and easements whj might delay a private sale of the property to the north.
Accordingly, the attached Quitclaim Deed was prepared and execut by the property owners deeding the triangular property in questj to the City at no cost. In an effort to assist the proper owners, staff recommends the City Council accept the Quitclaim DE
for the Elm Avenue right-of-way.
FISCAL IMPACT:
The Quitclaim Deed for the Elm Avenue right-of-way is offered
no cost to the City.
EXHIBITS :
1. Location map
2. Resolution No. &*jsg accepting a Quitclaim Deed for a porti
of Elm Avenue.
3. Quitclaim Deed
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LOCATION MAP
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LEGEND
PROPERTY TO BE DEDICATED
PROJECT NAME PROJECT# E2
ELM AVENUE RIGHT-OF-WAY
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RESOLUTION NO. 89 - 358
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A QUITCLAIM DEED FOR A PORTION OF ELM AVENUE EAST OF EL CAMINO REAL
WHEREAS, property owners along the north side of Elm A'
east of El Camino Real have offered to the City of Carlsl
Quitclaim Deed for a portion of Elm Avenue within existing s
right-of-way; and
WHEREAS, said offer is made at no cost to the City ai
deemed a matter of public convenience to acquire said right-o
within Elm Avenue.
NOW, THEREFORE BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That a Quitclaim Deed for a portion of Elm Avenue
of El Camino Real is hereby accepted and the City Clei
authorized and directed to record said deed. Following the
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recordation of said deed, the City Clerk is directed to fo:
copies to Mr. Horace Felkins, P. 0. Box 431, Oceanside, Califo.
92054.
PASSED, APPROVED AND ADOPTED at a regular meeting of th
Carlsbad City Council held on the 10th day of October
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST :
ALETHA L. RAUT2NKRANZ, Cityklerk
(SEAL)
. Order No. 0
’ ’ Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
City of Carlsbad City Clerk 1200 Elm Avenue Carlsbad, CA 92008
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SPACE ABOVE THIS LINE FOR RECORDER‘S USE
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EXHIBIT "A" LEGAL DESCRIPTION
Those portions of Lot IrJII in Rancho Agua Hedionda, in the County
of San Diego, State of California, according to the partition map
thereof No. 823, filed in the office of the County Recorder of said
San Diego County on November 16, 1886, described as follows:
BEGINNING at the most northerly corner of said Lot 'IJ", said corr,er
being marked by a 2 inch iron pipe, concrete filled, with a brass
disc stamped R.C.E. 18010, distant therefrom N 32" 56' 12" E,
3796.52 feet from a 6 inch iron pipe, concrete filled, marking the
westerly corner of said Lot 'IJ1' as per Map No. 3906, filed in the
office of the County Recorder of said San Diego County; thence
southwesterly along the northwesterly line of said Lot rlJ1l S 32"
56' 12" W, 1824.87 feet to an intersection with the centerline of
El Camino Real, -126.00 feet in width, Station 139+04.87 El Camino
Real per Road Survey 1800-65; thence southeasterly along the
centerline of said El Camino Real, and along the centerline of said
Road Survey 1800-65, S 38" 20' 01Il E, 290.77 feet to the beginning
of a tangent curve concave southwesterly having a radius of 3000.00
feet, Station 136+19.47 El Camino Real per Road Survey 1800-65;
thence southeasterly along said curve through a central angle of
14" 32' 35'' an arc distance of 761.47 feet to an intersection with
the centerline of Elm Avenue, 84.00 feet in width, as marked by a
concrete control monument, Station 123+57.93 El Camino Real and
Station 115+21.58 Elm Avenue per Road Survey 1800-65, a radial
bearing to said intersection bears N 66" 12' 34" E; thence
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northeasterly along the centerline of said Elm Avenue and along the
centerline of said Road Survey 1800-65, N 78" 52' 53'' E, 124.23
feet to the beginning of a curve concave southeasterly having a
radius of 600.00 feet; thence northeasterly along said curve
through a central angle of 03" 47' 14" an arc distance of 39.66
feet to a point at which a radial bearin.; bears N 07" 19' 53" W,
Station 116+85.30 Elm Avenue per Road Survey 1800-65; thence S 11"
07' 07" E, 29.48 feet to the TRUE POINT OF BEGINNING of this
description; thence N 69" 51' 13" E, 217.01 feet; thence S 54" 18'
01" E, 266.11 feet to the beginning of a curve concave
southwesterly having a radius of 598.00 feet; thence northwesterly
along said curve through a central angle of 30" 02' 01" an arc
distance of 313.46 feet; thence leaving said curve radially S 05"
39' 58" W, 40.00 feet to a point on a concentric curve concave
southwesterly having a radius of 558.00 feet, said point herein
designated and hereafter referred to as Point "At1; thence
northwesterly along said last mentioned concentric curve through
a central angle of 12" 51' 44" an arc distance of 125.26 feet to
a point of cusp with a curve concave southeasterly having a radius
of 35.00 feet, radial courses to said point of cusp bear N 07" 11'
46" W, 558.00 feet and N 44" 57' 02" W, 35.00 feet respectively;
thence northeasterly along said last mentioned curve of radius
35.00 feet through a central angle of 02" 49' 50" an arc distance
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Page 3 of 3
of 1.73 feet to a point at which a radial bearing bears N 42" 07'
12" W; thence N 11" 07' 07" W, 11.59 feet to the TRUE POINT OF
BEGINNING of this description. Containing 0.261 acres more or
less.
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated September 27, 1989
from Horace H. Felkins, Jr. and Dolphine Felkins
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. 89-358 , adopted
on October 10, 1989 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: October 11, 1989
By :
ALETHA L. RAUTENKRANZ, City tlerk