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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 .. z 0 6 s a z 3 0 0 ( '/. A 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 I' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w 0 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 /// /// /// 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I m 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 *&+- - 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 e 0 .' ', \' 'a ShEE-T L or= 2, ShFF7-S - 83005.5 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. -\I ,% .* , ., 11 -0 *"- c _o d&, i:+ ., J *-C :< .-. .. :': -4 ." I, -- ., T? .? :1 : .,:..* !.( ?.'., 7: 0, ? >', !.f Expircs s.:ij-c.: ,y ;.I =' ..J r/ <> $ LESLlE I-!. =., '1 L. f. * -..I $ ;.' c-3 ," FRELjSH %o <> 'I 0. 2%%-AGH??s \ A'-( 4,969 !- 0.1 * !C ?, q f,% d1. C3faJeD>YY. ,. , '...? <-. c 0; c. p.*i-..' J' r I.;=. t:;;::fi &:,:* .. :y .y CY 42 ..- *,t-.\; 1-Y ?% .y-&+-w c.b.\VD. 88-C. 252 Pe.j 'I -37 =r '6 . . * 0 z -1-140 WN-. ZZZ m .I- -om= z OV - -. N N 4 0 111 -0 -IbdF ?*ai2 "q ND -J-;NO' Y "it: Po ?,c -NNZ mmm 0 ---m ...> IDNOZ " m-m- 0- 4Pmg 0 3 < s3 $ is 0 lu 1