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HomeMy WebLinkAbout1990-11-06; City Council; 10886; QUITCLAIM OF A WATERLINE EASEMENT CARLSBAD TRACT NO. 81-19 PR 3.7.39I \ a 8 ff CL 9 2 .. z 0 F 0 a A 0 z 3 0 0 ClT',F CARLSBAD - AGENDWILL - DEPT? QUITCLAIM OF A WATERLINE EASEMENT AB# /-J ffd TITLE: CITY A1 DEPT.ENC. PR 3.7.39 CITY MI RECOMMENDED ACTION: CARLSBAD TRACT NO. 81-19 MTG. 11-6-90 Adopt Resolution No. ,?PHI@ approving the quitclaim deed of a waterline t over a portion of Lot 1 of Carlsbad Tract No 81-19 and authorizing the City release the Quitclaim deed for recordation. I'IEM EXPLANATION: In January of 1972, the City was granted a 15' wide waterline easement over of land located west of El Camino Real and north of Chestnut Avem subdivision, Mar Y Montanas (CT 81-19>, was subsequently constructed on si and the necessary water lines were constructed in the public right of way. 1 the existing waterline easement is no longer needed and the owners of Lot 1 ( 19, Mar Pointe Ltd., are requesting the City to quitclaim said waterline easc FISCAL IMPACT: None. EXHIBITS: 1. Location Map 2. Quitclaim Deed. 3. Resolution No. ?by%7 quitclaiming easements for a waterline easer a portion of Lot 1 of Carlsbad Tract No. 81-19. I I - lr @ RECORDING REQUESTE AND WHEN RECORDED MAIL TO I I-- 1 Name Street Address 2223 Avenida De La Playa City % State Mar Pointe Ltd. La Jolla, CA 92037 L 1 MAIL TAX STATEMENTS TO r 1 Name Street Address 2223 Avenida De La Playa City % State Mar Pointe Ltd. La Jolla, CA 92037 - Computed on the consideration of value of property conveyed; - - Computed on the consideration of value less liens or encumbr I remaining at time of sale. CORPORATION QUITCLAIM DEED PR 3.7.39 AI" 167-5404 g UtY OF EASEMENT 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 MAR POINTE LTD, a California Limited Partnership, the following described real property in the City of Carlsbad, County of San Diego, State of California: a waterline easement as described in Exhibit "A" consisting of 1 page, attached hereto and made a part hereof. Exhibit "B" consisting of Lpage is attached for clarity only. DATED November 7, 1990 CITY OF CARLSBAD , STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 (City Clerk) *ma On November 8,1990 before me, the undcrsigncd, a Notary Public in and for said State, pcrsonally appcared Claude A. Lewis and Aletha L. Rautenkranz personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who evecntcd :he within instrument as the Mayor and City Clerk, on behalf of City of Carlsbad, a Municipal Corporation the corporation therein named, and acknowledged to me that such corporation executed the within instrument as the pursuant to its by-laws or a resolution of its board of directors. ................................. WITNESS my han and official seal. Signature dd$ucG (This area for o I MAIL THIS STATEMENT AS DIRECTED ABOVE VICINITY C N.T. S . 1YW 1'.1*1111,1 Or&. w*, SllilC ZMI C whbd ( A YXKW IbI'J) PLAT TO ILLUSTRATE A LEGAL DESCRIPTION OF PROPOSED QUITCLAIM WATERLINE EASEMENT . c 0 a I EXHIBIT "A" LEGAL DESCRIPTION All that portion of that certain easement granted to the City c Carlsbad on January 10, 1972 according to Document No. 5830, lyir in Lot 1 according to Map No. 11595 in the City of Carlsbad all o file in the Office of County Recorder of San Diego County, Stat of California described as follows: Commencing at a point on the Northwesterly boundary line as show on said map, said point formed by the intersection of two courses North 67' 09 I 38" East 115.11 and North 34 O 13 tlO" East 62.62; thenc continuing North 34"13'10" East 15.29 feet; thence North lO"O1'58 West 0.05 feet; thence leaving said boundary line South 67"46'56 East 70.72 feet: thence South 22"46'5611 East 278.42 feet to th TRUE POINT OF BEGINNING said point being on the Easterly right-of way line of Celinda Drive and the Westerly lot line of said Lot all as shown on said Map No. 11595; thence continuing Soutl 22"46'5Gt1 East 334.55 feet to a point on the Northeasterly right- of-way line of said Celinda Drive; thence North 55"20'52" Wesl along the Northeasterly right-of-way of Celinda Drive 27.87 feet, thence North 22"46'56" West 290.25 feet to a point on the Easterl) right-of-way line of said Celinda Drive; thence North 13"OO'OO' East along said Easterly line 25.65 feet to the,TRUE POINT 01 BEGINNING. Containing 4686 square feet more or less. along said boundary line North 34'13'10'' East 47.33 feet: thenc +t t 1 2 3 4 5 6 7 8 9 10 '1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m 0 RESOLUTION NO. 90-390 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE QUITCLAIM OF A WATERLINE EASEMENT PR 3.7.39 WHEREAS, Mar Pointe Ltd. has submitted a request for quitclaim of a waterline e; over a portion of Lot 1 of CT 81-19; and WHEREAS, the waterhe easement h Lot 1 is no longer needed because the nc waterlines are located in a public right of way; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in thc interest to quitclaim said easements; NOW, THEREFORE7 BE IT RESOLVED by the City Council of the City of C; California, as follows: 1. 2. That the above recitations are true and correct. That the Quitclaim Deed conveying a waterline easement over a portion c of Carlsbad Tract 81-19, to Mar Pointe Ltd. which is on file with the City Clerk and is hcoq by this reference; is approved. 3. That the Mayor is authorized to execute the deed and the City Clerk is authorized to release the original Quitclaim Deed to Mar Pointe Ltd. to be recorded in the of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counc on the 6th day of November, 1990 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and L NOES: None ABSENT: None A'ITEST: - aersd- NJXHA L. RAUTENKRANZ, City Cler (SML) /I