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HomeMy WebLinkAbout1992-01-07; City Council; 11498; Western Financial PlazaQUITCLAIM OF PUBLIC UTILITY EASEMENT MS 027 WESTERN FINANCIAL PLAZA RECOMMENDED ACTION: Adopt Resolution No. ? 2 - (P quitclaiming easement for public utility over a portion of MS 827. ITEM EXPLANATION: This is a request by Western Financial Plaza to quitclaim serveral utility easements located on their commercial property at the south east corner of El Camino Real and Hosp Way. The site recently received approval of a Minor Subdivision and Site Development Plan to develop a retail and office commercial center. The public utility easements previously dedicated per Parcel Map 8586, are no longer necessary as replacement easements and facilities will be provided within the site along a different alignment. FISCAL IMPACT: Quitclaim Deed Adopt Resolution No. 94 -la quitclaiming public utility easements over a portion of MS 027. LOCATION PLAZA CAMINO REAL >ROJECT NAME PROJECT EXHIBIT NUMBER -- __ __. .__..-- r.cuuc3I-ro BY AND WHEN RECOF - .- MAIL TO r 1 Name Western Financial 10140 Campus Pointe Dr. ' Street Address Savings Bank City & San Diego, CA 92121 L -I Stare MAIL TAX STATEMENTS TO r 1 Name Street Address 10140 Campus Point Drive Stare Western Financial Savings Bank San Diego, CA 92121 City & - Computed on the consideration of value of propew conveyed; OR - Computed on the consideration of value less liens or encumbrances L J remaining at time of sale. QUITCLAIM DEED PR 3.7.48 AI" 167-030-53 FOR A VALUABLE CONSIDERATION, receipt of which is hercby acknowledged, City of Carlsbad, A Municipal Corporation organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to Western Financial Savings Bank the following described real property in the City of Carlsbad, County of San Diego, State of California: described as (see Exhibits "A" & "B" attached for legal description and location map respectively). TH& CJTY OF CARLSBAD, A Municipal DATED 1/8/92 STATE OF CALIFORNIA -\ ii \ Name CLAUDE A. LEWIS, Mayor (?Lpe or Print) ~xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxx~~~~~xxxxxxxxxxxxxxxxxx . .- BY Name KAREN R. KUNDTZ, Assistant City Clerk COUNTY OF (Type or Print) I\ ~xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx XXXXXXXXXXX~~pc~xxxxxxxxxxxxxxxxxx bcforc rnc, (hem insert 3me and tirlc of the officer), personally appeared oved to me on the basis of satisfaciory evidence) to be lhc person(s) whose name(s) is/are subscribed to the within murnent and acknowledged to me that h(:/she/rhcy executcd the same in his/hcr/their authorized capacity(ics), and hd, cxecuted the instrument. \ITNESS my hand and official seal. - , personally known to me (or P at by hiskcrltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 1, he (Scal) MAIL TlIIS STATEMENT AS DIKECTED ABOVE i'., ! STATE OF CALIFORNIA, COUNTY OF San Dieqo ss: On l/8/92 before me, the undersigned, a Notary Public in and for said State, personally appeared Claude A. Lewis and Karen R. Kundtz -------_-------_------------ , lcnowntometobe the Mayor and Assistant Citv Clerk of the Citv of Carlsb d and known to me to be the personswho executed the within inst&ent on behalf of said public corporation, agency or political subdivision, and acknowledged to me that such public corporation, agency, or political subdivision executed the same. n n and official seal. Randee Harlib Name (Typed or printed) - - MAIL TwS STATliMENT AS “,HECTED ,,,~oY~ EXHIBIT "A" LEGAL DESCRIPTION TFZ’7, 421 89-5035-3 11-27-91 .EASEMENT VACATION BEING A PORTION OF PARCEL 2 OF PARCEL M?@ 8586, IN THE CITY OF CARLSBAD, RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON MARCH 30, 1979 IN THE COUNTY 0~ SAN DIEGO, STATE 0F CALIFORNIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A" BEGINNING AT POINT "C" AS DESCRIBED IN THAT EASEMENT IN FAVOR OF THE CITY OF CARLSBAD RECORDED~MARCH 24, 1978 AS FILE NO. 78-116596; THENCE N 29'15'00" W, 15.32 FEET; THENCE N 49'05'00" E, 103.77 FEET; THENCE N 04O17'12" W. 119.52 FEET: THENCE N 6OO45'00" E; 22.06 FEET; THENCE S 04O17'12" E, 148.15 FEET; THENCE CONTINUING S, 04O17'12" E, 6.86 FEET ALONG A WESTERLY LINE OF AN EASEMENT DESCRIBED IN DOCUMENT RECORDED OCTOBER 17, 1980 AS FILE NO. 80-344388; THENCE S 8S042'48" W, 20.00 FEET ALONG A NORTHERLY LINE OF THE PREVIOUSLY MENTIONED EASEMENT TO THE POINT DESCRIBED As THE TRUE POINT OF BEGINNING PER SAID DOCUMENT NO. 80-344388; THENCE N 04O17'12" W, 7.48 FEET; THENCE S 49'05'00" W, 95.71 FEET TO SAID POINT.C, SAID POINT BEING THE POINT OF BEGINNING. PARCEL "B" THAT AREA TAKEN AS AN EASEMENT BY GRANT DEED RECORDED OCTOBER 17, 1980 AS DOCUMENT NO. 80-344387, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT "C" AS DESCRIBED IN THAT EASEMENT IN FAVOR OF THE CITY OF CARLSBAD RECORDED MARCH 24, 1978 AS FILE NO. 78-116596; THENCE N 29'15'00" W, 15.32 FEET TO THE NORTHERLY LINE OF SAID EASEMENT; THENCE ALONG LAST SAID NORTHERLY LINEN 49'05'00" E, 103.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG LAST SAID NORTHERLY LINE S 49'05'00" W. 78.97 FEET: THENCE DEPARTING SAID NORTHERLY LINE N 40'55'00" E;22.00 FEET;. THENCE N 49°05'00" E, 10.00 FEET; THENCE S 40'55'00" E, 17.00 FEET: THENCE N 49'05'00" -E, 72.69 FEET TO A WESTERLY LINE OF SAID EASEMENT; THENCE ALONG LAST SAID WESTERLY LINE S 04'17'12" E, 6.23 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "C" THAT AREA TAKEN AS AN EASEMENT BY GRANT DEED RECORDED OCTOBER 17, 1980 AS DOCUMENT NO. 80-344386, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT "C" AS DESCRIBED IN THAT EASEMENT IN FAVOR OF THE CITY OF CARLSBAD RECORDED MARCH 24, 1978 AS FILE NO. 78-116596; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID EASEMENT N 49'05'00" E, 73.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE N 49*05'00" E, 22.71 FEET TO AN ANGLE POINT IN SAID LINE; THENCE ALONG THE WESTERLY LINE OF SAID EASEMENT S 04'17'12" E, 7.48 FEET; THENCE DEPARTING SAID WESTERLY LINE S 45'05'00" W, 8.25 FEET; THENCE S 40'55'00" E, 11.00 FEET; THENCE S 49'05'00" W, 10.00 FEET; THENCE N 40"55'00" W, 17.00 FEET TO THE TRUE POINT OF BEGINNING. &&W&L +S& &i%UD S%?T @ - QWcZ9/R/MED HER&UN @ /I I# ” ._ I CITY OF L%‘LSM~ ISHT. / OF 2 SHTS, EQUESTED BY: 1 PREPARED BY: IAPPROVED BY: I J&ST&RN F/N4NCCL ~/ =-,,- i, ~~.~ ,... --- -.~ A.p,J, /67-00-S . M/TcxtBZ CITY ENGINEER AREA QU!fC&%!&D f/ P&R as+c ‘BO-3443a #49’05’#‘if AREA Qu/rc&tT@. . . . . . . I:,-:- AR&d QU/TCrA/He0.. . . . w~ P&X QOCUMEM5 F/P fB-wcr& ,r’& -3s%%w EXHIBIT “B” V/c//1///Ty MAP mscAcE 1 Qv/CLRfR? PLlTOf PVEUP VWTY ,EffXMEUlS 1 pi a-7.48 CITY OF ch?LS#D SHT.2 OF 2 SHTS EQUESTED BY: APPROVED BY: ~“5 T&RN F/NANCM L A,p.N, ,“7-030-92 $!$$$$,y~$$&/& CITY ENGINEER 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 RESOLUTION NO. 92-6 A RESOLUTION OF THE CITY COUNCIL OF THE CR-Y OF CARLSBAD, CALIFORNIA, APPROVING QUITClAIM FOR PUBLIC UTILITY PURPOSES. WHEREAS, Western Financial Savings Bank has submitted a request for quitclaim of public utility easements over a portion of MS 827; 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 are true and correct. 2. That the Quitclaim Deed conveying public utility easements over a portion of MS 827 to Western Financial Savings Bank which is on file with the City Clerk and is incorporated by this reference; is approved. 3. That the Mayor is authorized to execute the original Quitclaim Deed and the City Clerk is hereby authorized to cause the original Quitclaim Deed to be released to the property owners to be recorded 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 theEday of Jamary, 199 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard NOES: None ABSENT: None All-EST: (SEAL) KAREN R. KUM)TZ, Assistant City Clerk