HomeMy WebLinkAbout1990-09-25; City Council; 10838; QUITCLAIM OF A UTILITY AND ACCESS EASEMENT OVER A PORTION OF LOT 1 MAP NO. 11484, CMWD 85-C-252LU 5 a M &li, 2
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AB# iL?. 3'3s TITLE:
MTG. 9-75-90 EASEMENT OVER A PORTION OF LOT 1, CITY
CITY
DE^ Aci t lU WILL L,I iyr LAML~BALJ -
QUITCLAIM OF A UTILITY AND ACCESS
DEPT. ENG* MAP NO. 11484, CMWD 85-C-252
RECOMMENDED ACTION:
Adopt Resolution No. qL--?S '{
easement over a portion of Lot 1, Parcel Map No. 11484, Wi Shores CMWD 85-C-150.
quitclaiming a utility and
ITEM EXPLANATION
This item is a request by Marlborough Development Corpor
the owner, to quitclaim an easement granted for utilitil P access no longer required over a portion of Lot 1, 11484. This portion of the easement was originally nee1 provide water service to the development on Lot 1 of Wi Shores. With the resubdivision of the last phase of Wi
Shores, alternative means of providing water to the projec
been provided.
The engineering staff of the Carlsbad Municipal Water Di
and the City Utilities and Maintenance Department have re the request and concur with the owner's contention. The ea
will no longer be necessary as it no longer contains wa' sewer system facilities and is not needed to provide a uti1 emergency vehicle access into the site. The waterline ha removed, and the easement is no longer required.
FISCAL IMPACT
None
EXHIBITS
1. Location Map.
2. Quitclaim Deed
3. Resolution No. cic'-3c;Y quitclaiming a utility and
easement over Lot /. Parcel Map No. !)$Bg$4
CMWD 85-C-252
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RESOLUTION NO. 9 0 - 3 5 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING QUITCLAIM FOR A UTILITY AND ACCESS EASEMENT LYING WITHIN LOT 1,
MAP 11484, WINDSONG SHORES
WHEREAS, Marlborough Development Corporation, a Cali
corporation, has submitted a request for quitclaim of an ee
granted to the City of Carlsbad for utilities with the ri
ingress and egress for the construction and maintenance of
mains and appurtenances, water mains and appurtenances tc
with the right of ingress and egress for public refuse vc
and emergency vehicles lying within Lot 1, Map 11484, W:
Shores: and
WHEREAS, the City Council of the City of Carlsb
determined it to be in the public interest to quitclai
easement ;
NOW, THEREFORE, BE IT RESOLVED by the City Council
City of Carlsbad, as follows:
1. That the above recitations are true and correct.
2. That the Quitclaim Deed for the above ref(
easement lying within Lot 1, Map 11484 of Windsong Shores
is on file with the City Clerk and is incorporated k
reference: is approved.
3. That the Mayor is authorized to execute the qu
deed and the City Clerk is hereby authorized to forwe
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original Quitclaim Deed to the Marlborough Devel
Corporation to be recorded in the Office of the County rc
of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at the regular meeting
Carlsbad City Council on the 25th day of September i1
the following vote, to wit:
AYES : Council Members Lewis, Kulchin, Larson and Mamaux
NOES : None
ABSENT: Council Member Petti
ATTEST:
ALETHA LiLdi%LJc L. RAUTEN*plerk
(SEAL)
CMWD 85-C-252
PRO&
go. PROJECT NAME
WINDSONG SHORES. CT83-4
EX
October 1, 1990
Marl borough Devel opment Corporation
Temecula, CA 92390
28751 Rancho Cal i forni a Road
RE: QUITCLAIM OF UTILITY AND ACCESS EASEMENT - CT 83-4
The Carlsbad City Council, at its meeting of September 25, 1990, approved t quitclaiming utility and access easement over a portion of Lot 1, Map No. 1148 Windsong Shores.
Enclosed is the original Corporation Quitclaim Deed from the City of Carlsbad Marl borough Development Corporation so that you may have it recorded.
d= 8 inda Cota
Secretary
Enc.
__
1200 Carlsbad Vlllage Drive - Carlsbad, California 92008 - (619) 434-2808
RECORDING REQUESTE
Marlborough Developent Corporation
AND WHEN RECORDED MAIL TO
NAML Marlborough Developnent Crop. 1
L A
~~$&& 28751 Rancho California Road
CIry. Temecula, California 92390
Title Order No. Escrow No SPACE ABOVE THIS LINE FOR RECORDER’S USE
QUITCLAIM DEED
0 computed on full value of property conveyed, or
0 computed on full value less liens and CO R P 0 RAT IO N
CITY OF CARLSBAD, a Municipal Corporation
a Corporation duly organized and existing under and by virtue of the laws of the State of
with its principal place of business located at
City of Carlsbad , County of San Dieqo , State of Calif om ia
for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and forever quitclaim tc
California
1200 Elm Avenue
MARLBOROUGH DEVELOPMENT CORPORATION, a California Corporation
the following described real property in the City of
County of San Diego , State of California:
Carlsbad
See Attached Exhibit “A” Legal Description.
All is shown for convenience sake on attached Exhibit ”B”.
Assessor’s parcel No. 206-222-23
Executed on September 27 , 19-, 90 at
BY O~&- Aletha Rautenkranz, City Clerld ammp } ss.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this 1st day of October , in the year 193
before me, the undersigned, a Notary Public in and for said State, personally appeared
and xxxxxxxxxxxxxxxxx_ xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Aletha L. Rautenkranz , personally known to me (or provt
Claude A. Lewis
Io me on the basis of satisfactory evidence) to be the persons who executed the within instrument as
PXWat and City Clerk SIX- respectively, of the Corporation therein named, and acknowledged to n
that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Mayor
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tary Pu or sai ate.
MAIL TAX Marlkrough PevelOpnent Coq~.~ 28 ho California Rd.l 1 STATEMENTS TO I”.._______..______C.___ ..._.___l__lr....ll__r - .__ ._ .., - ..I. .. . . I .___ ~ -
rnWD 08-c-252 H h l,i I
111111 UlJllLl AIM LIIIlPUIIAIION WOLCUlIS iOiW 788- Hev 9 84 ‘3 ) I!W 12101 COI Is INC (price class 31 vour ouroaseand use
This Standaid tom IS lnlenaea lor llie lypical sIluai1ons encounlefed in the lield lndlcaied However. Deloie you SI~JII. iew 11 1111 III ,111 OI.N and make whatever cnanges are appropr~ale and necessary 11 your parlicular liansaci~on Consul1 a lawyer 11 you OOllDl the 1@:1n s l1111ess
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7-17-89
EXHIBIT 'A" LEGAL DESCRIPTION
ALL THAT PORTION OF PARCEL 13f OF THE EASEMENT GRANTED TO THE CITY OF CARLSBl
FOR UTILITIES WITH THE RIGHT OF INGRESS AND EGRESS FOR THE CONSTRUCTION AI
TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR PUBLIC REFUSE VEHICLES AI
EMERGENCY VEHICLES, AS DESCRIBED IN THE DOCUHENT RECORDED NOVEMBER 4, 1974, 1
THE SAN DIEGO COUNTY RECORDER'S OFFICE APRIL 10, 1986, AS SHOWN ON THE PLI
ATTACHED HERETO AS EXHIBIT "B' AND HEREBY HADE A PART HEREOF.
IIAINTENANGE OF SEWER nAINS AND APPURTENANCES, HATER RAINS AND APPURTENANCE:
* FILE/PAGE NO. 74-292083, LYING WITHIN LOT I, AS, SHOWN ON MAP 11464, FILED 1
GOLD COAST SURVEYING, INC.
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