HomeMy WebLinkAbout1990-05-22; City Council; 10632; Quitclaim Sewerline Easement*ma n= t-AD1 =qAD - AGENT-- BILL vr vnnLYk
DEPT.ENC.
QUITCLAIM OF SEWERLINE EASEMENT
CARLSBAD TRACT NO. CT 85-35
AVIARA PR 6.97
RECOMMENDED ACTION:
Adopt Resolution No. 90-r “13 quitclaiming easements for sewer over Lot 2 of Carlsbad
Tract No. 83-35.
ITEM EXPLANATION:
In order to construct a golf course, the applicant, Aviara Land Associates, has requested, and
the City Engineer has agreed to the relocation of a sewerline easement. The easement is
approximately 290 feet north of Batiquitos Lagoon. The applicant has deeded an additional
easement to the City for rerouting the sewerline easement and is requesting the City to
quitclaim the portion of the existing sewerline easement that is no longer needed.
Easements dedicated per Document No. 76-071622 are no longer necessary as replacement
facilities have been constructed within an easement dedicated to the City of Carlsbad and
recorded per Dot. No. 89-627307.
FISCAL IMPACX
None
EXHIBI-IS:
1.
2.
Location Map marked Exhibit C.
Quitclaim Deed.
P 9 0 % %
. . x ij g 5 8
3. ResolutionNo.qO’(YS ’ 1 ’ * g qmtc anmn easements for sewer over Lot 2 of Carlsbad
Tract No. 83-35.
.
LOCATION MA,’
Q 9 0 =ii
SITE
NOT TO SCALE
PROJECT NAME
AYRES TRUNK LINE REALIGNMENT EASE. 1 PR 6.97 1 c
I 1
LUKESDUDEK 605 Third Street, Encinitas, CA 92024 15916’32 l-16-90
RECORDING REQUESTED BY
AND WHEN RECORDED tvrAlL TO
‘Name r 1
Aviara Land Associates Street Address 2011 Palomar Airport Rd., Ste 206
Carlsbad, CA 92009 City & State l- -l
MAIL TAX STATEMENTS TO
r 1 Name Aviara Land Associates Street Address 2011 Palomar Airport Rd., Ste 206 Cartsbad, CA 92009 City & State -Computed on the consideration of value of property conveyed; OR L -I -Computed on the consideration of value less liens or encumbrances remaining at time of sale.
CORPORATION QUITCLAIM DEED PR 6.97 we OF EASEMENT APN 216-110-06
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of Carlsbad, A Municipal Corporation
organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to
Aviara Land Associates, A Delaware Limited Partnership
the following described real property in the City of Carlsbad, County of San Diego, State of California: a sewerline easement as described in Exhibit “A” consisting of page, attached hereto 1 and made a part hereof. Exhibit “B” consisting of Lpage is attached for clarily only.
DATED
CITY OF CARLSBAD, A Municipal Corporation
159-16
02/01/90
PR 6.97
APN 216-111-01,03
EXHIBIT “A
LEGAL DESCRIPTION
FOR
QUIT CLAIM PURPOSES
TO
AVIARA LAND ASSOCIATES
PARCEL 1
A PORTION OF AN EXISTING 20.00 FOOT WIDE GENERAL UTILITY EASEMENT RECORDED MARCH 11,
1976 AS F/P 76-071622 FOR THE INSTALLATION AND MAINTENANCE OF A SEWER LINE AND
APPURTENANCES OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED LAND.
A PORTION OF LOT 2 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE 1 - UNIT A, IN SECTION 34,
TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP 12409 FILED IN SAID COUNTY AS F/P NO. 89-
345850, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERUNE.
COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 34; THENCE SOUTH ALONG
THE NORTH-SOUTH ONE-QUARTER LINE OF SAID SECTION 34, SOUTH OO”05’19” EAST, 1032.14
FEET TO A POINT ON THE CENTERLINE OF AN EXISTING GENERAL UTILITY EASEMENT, RECORDED
IN THE OFFICE OF SAID COUNTY ON MARCH 11, 1976, AS F/P 76-071622. THENCE ALONG THE
CENTERLINE OF SAID EXISTING GENERAL UTILITY EASEMENT, NORTH 89°30’OO” EAST, 133.17 FEET;
THENCE NORTH 81 oOO’OO” EAST, 547.00 FEET; THENCE NORTH 37°00’OO” EAST, 222.00 FEET TO THE
TRUE POINT OF BEGINNING OF SAID CENTERLINE, SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING OF A RECORDED UTILITY EASEMENT TO THE CITY OF CARLSBAD ON NOVEMBER 17,
1989 AS F/P NO. 89-627307; THENCE ALONG SAID CENTERLINE NORTH 81 020’OO” EAST, 161 .OO FEET;
THENCE NORTH 56°20’OO” WEST, 190.02 FEET TO A POINT OF TERMINUS, SAID POINT ALSO BEING
THE POINT OF TERMINUS ON THE CENTERLINE OF SAID RECORDED UTILITY EASEMENT FILED AS
F/P 89-627307, AND ALSO A POINT ON THE CENTERLINE OF SAID EXISTING GENERAL UTILITY
EASEMENT, PER F/P 76-071622.
THE SIDELINES OF SAID 20.00 FOOT STRIP OF LAND TO BE QUIT CLAIMED SHALL BE PROLONGED
OR SHORTENED SO AS TO BEGIN AND END IN THE NORTHERLY SIDELINE OF SAID RECORDED
UTILITY EASEMENT PER F/P 89-627307.
SAID EASEMENT TO BE QUlT.CLAlMED CONTAINS 6029 SQUARE FEET, MORE OR LESS.
1
d&
KEITH A.GILLFILLAN, RCJI’30434
DATED FEBRUARY 01.1990
GRAPHIC SCALE
( IN FEET )
1 INCH= 200 FT
KEITH A. GILLFILLhN
PROFESSIONAL ENGINEER NO. 30434
SECTION 34
MAP NO. 12409
BASIS OF BEARING
THE NORTHERLY PORTION OF
THE NORTH-SOUTH l/4 LINE
OF SECTION 34 AS SHOWN ON
R.O.S. 6269 I.E. N 00’05’19”W
($ RECORDED UTILITY
EASEMENT GRANTED
TO THE CITY OF
CARLSBAD PER DOC.
NO. 89-627307
RECORDED NOV. 17,
Q EXISTING GENERAL UTILITY
EASEMENT GRANTED TO THE
CITY OF CARLSBAD PER
DOC . NO. 76-071622,
RECORDED MARCH 11, 1976.
NORTH l/4 CORNER,
NORTH-SOUTH l/4 LINE
N 0'05'19" W
1032.14’
l/4 SECTION LINE
APN 216-111-01, 03
PROJECT NAME: PROJ. NO. EXHIBIT
AYERS TRUNK LINE EASEMENT PR 6.97 El
I I I J LUKE-DUDEK 605 Third Street, Encinitas, CA 92024 15916ES2 l-l 6-90
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RESOLUTION NO. 90-145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING QUITCLAIM FOR
SEWERLINE EASEMENT PURPOSES. PR 6.97
WHEREAS, Aviara Land Associates have submitted a request for quitclaim of sewerline
easements over a portion of Lot 2 of CT 85-35; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to quitclaim said easements;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations as true and correct.
2. That the Quitclaim Deed conveying sewer easements over a portion of Lot 2 of
Carlsbad Tract No. 85-35 to Aviara Land Associates which is on file with the City Clerk and is
incorporated by this reference is approved.
3. That the Mayor is authorixed to execute the deed and the City Clerk is hereby
authorized to release the deed to Aviara Land Associates for recording in the Office of the County
Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held
on the 22ndday of , 1990 by the following vote, to wit: MAY
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
(SEAL) KAREN R. KUNDTZ, Assistant City C lerk