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Home My WebLink About1993-03-23; City Council; 12121; LOT 50, CARLSBAD TRACT 85-34, VIEWPOINT QUITCLAIM OF RELINQUISHED ABUTTER'S ACCESS RIGHTS TO MIMOSA DRIVEa 9 fx CLJ ‘ z a 0 c 0 - 6 8 z 3 WY OF CARLSBAD - AGBQA BILL Y - AB# r2.~2-! TITLE: LOT 50, CARLSBAD TRACT 85-34, VIEWPOINT DE MTG. 03-23-93 QUITCLAIM OF RELINQUISHED ABUTTER’S ACCESS CITY CITY DEPT. ENG RECOMMENDED ACTION: Adopt Resolution No. 01 3- s? access rights of Lot 50 of Carlsbad Tract No. 85-34 to Mimosa Drive. RIGHTS TO MIMOSA DRIVE; PR 3.7.47 approving the proposed quitclaim of relinquished abu ITEM EXPLANATION; The abutter’s right of access to Mimosa Drive for the corner lot 50 of Carlsbad Tract Numb( 34, Viewpoint, was relinquished at the time of recordation of the final map of CT 85-34 Number 12658). This relinquishment of abutter’s access rights was made in anticipatior driveway opening along the Blue Orchid Lane frontage of said lot, and to preclude the poss of a double drivewaylcircular driveway at the intersection of Mimosa Drive and Blue Orchid I The Site Development Plan for this subdivision (SDP 90-06), which was approved by the Plai Commission subsequent to the recordation of the final map, provided for a driveway openi Mimosa Drive to serve said Lot 50. This necessitates quitclaiming by the City of the previ relinquished abutter’s access right of said lot to Mimosa Drive. The City has received a request from Western National Homes I, LTD., the owner, for the 1 reinstatement of the abutter’s rights of access of said lot to Mimosa Drive. The City has also received a Grant Deed of Easement from the owner, offering to relinquis abutter’s access rights of said Lot 50 to Blue Orchid Lane. The Engineering staff has reviewed and concurs with the owner’s quitclaim request. Permi by the City of a driveway access to Mimosa Drive is consistent with the approve( development plan for the subject development and the orderly development of said lot. FISCAL IMPACT: NONE EXHIBITS: 1. Location Map 2. Quitclaim Deed 3. Resolution No. 9 3 - 5? approving the proposed quitclaim of relinquishment of ac rights. -- ----- -_.__I- ----- MAW ny: ~;on EVANS. cwrs ENCINWINIINC ow~. J/~/SI W March 30, 1993 Annette J. Evans San Diego County Recorder Post Office Box 1750 San Diego, CA 92101-2422 Enclosed for recordation is the following described document: Original Corporation Quitclaim Deed of Easement to Western National Homes I, Ltd. PR 3.7.47 APN 215-630-21 The recordation fees are to be paid for by the person present this document for recordation. Thank you for your assistance in this matter. ALETHA wL+ L. RAUTENKRANZ, CMC City Clerk ALR: ijp Enclosure PICKED UP BY: COMPANY NAME: DATE : dI - v 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434- e RECURDlNCj HtUUkc' u BY AND WHEN RECORDED MAIL TO ;r r- 1 Name Western NatiGnal Homes Street Address 19700 rairchild Road #230 City & Irvine, CA 92715 State L-. _J MAIL TAX STATEMENTS TO r- 1 Name Western National Homes Street Address 19700 Fairchild Road #230 City & Irvine, CA 92715 State - Computed on the consideration of value of property conve) - Computed on the consideration of value less liens or encur L 1 remaining at time of sale. CORPORATION QUITCLAIM DEED PR 3.7.4: OF EASEMENT AI" 2154 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 Western National Homes I, Ltd., a California Limited Partnership the following described real property in the City of Carlsbad, County of San Diego, State of California: an access easement as described in Exhibit "A" consisting of one page, attached hereto and made a part hereof. Exhibit "B" consisting of one page is attached for clarity only. DATED 313 ~193 BY dLed&$Rds., (City Clerk) I \ --- j { State of California f I Countyof Sari Diew NAME TITLE OF OFFICER E G , "JANE DOE NOTARY PUBLIC" 1 On March 30, 1993 before me, Karen R. Kundtz, Notary Public , DATE i j j J personally appeared Claude A. Lewis and Aletha L. Rautenkranz NAME(S) OF SIGNER(S) I ) J J I I I I I I J J PIictcIcAl OFFICE IN j SAN OlEGO COUNN J I 1, El personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), acted, executed the instrument. Witness my hand and official seal. j or the entity upon behalf of which theperson(s) i J I I c' 1 J J J 1 W SI NAT RWNOTARY CAPACITY CLAIMED B 0 INDIVIDUAL(S) 181 CORPORATE Mavo OFFICER(S) City- TlTL 0 PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIB,NG WITNES [7 GUARDlAN,CONSERVA 0 OTHER SIGNER IS REPRESEN NAME OF PERSON(S) OR ENTITY(IE City of Carlsbad Municipal Corpor 0 m EXHIBIT IBAII LEGAL DESCRIPTION QUITCLAIM OF EASEMENT BEING A PORTION OF ABUTTER'S RIGHTS OF ACCESS AS RELINQUISHED 2 WAIVED IN AND TO MIMOSA DRIVE FROM LOT 50 OF CITY OF CARLSBAD TRI 85-34, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12658, FILED IN THE OFF1 OF THE COUNTY RECORDER OF SAID COUNTY, JULY 2, 1990, FILE NO. 90-359772, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 50, SAID CORNER BE1 ON THE WESTERLY RIGHT OF WAY LINE OF MIMOSA DRIVE AS SHOWN ON SA MAP NO. 12658; SAID WESTERLY RIGHT OF WAY LINE BEING A CUR CONCAVE EASTERLY HAVING A RADIUS OF 1230.00 FEET, A RADIAL LINE SAID CURVE TO SAID CORNER BEARS S.81°0910011W. ; THENCE SOUTHER ALONG SAID CURVE AND WESTERLY RIGHT OF WAY LINE THROUGH A CENTT; ANGLE OF 1"34'0Olt AN ARC DISTANCE OF 33.63 FEET; THENCE TANGENT SAID CURVE S.10°251001tE. 23.14 FEET TO THE TERMINUS OF THE HERE DESCRIBED LINE. *&, & W. HILL, JR, L.S.'5669 813-5X WP:LEGAL320 LK:nic 2/13/91 9 LC €XH/B17 %JJ &!! Map P~wB~: fl4u5m%zA andASm#TifS, S#3NO/G30, L'NC;. /dl79 HuE/v&5?fE&3 !%?&ET SAAJDI€GO, C14 92/2/ --pq F'&W /DR QC//TCLA/M OF €ASE/t;lENT cr 85-34 VEWPU/X/T (07- qd NQMREA I 0 W HELMING ENGiNEERUU FhXMITTfX ......... ....... TO:- (14 6j CAFCLS%kl3 --_-. tPA*1'L;-, .3., - 23 :,. 7,s 11M; .. , ......... -.. cn* .......... cLGR?cs.,, ch=u= f'K(IKC1; -. 634 ... . 3 __ ' 7 - 47-. , ...... ..--.. . ." .- ..... ATI'N; \5AP%br?: 6't" y&bZ$ I'AX #. 4-3 4.- ... 19 87 t'H0NE I; 434- 280d KIP#; -. "-. CT. ...... gs- 34. 4,Vie,ayoih 4" ,, .... .- fWOM:_.-. --thy ... L!.i??.; 8::- ,f.. jks I_ .--.. iS ,, 7 . ~-?+-,rLc ...... TOTAL NO- OF SHEETS (~~~.UIIltKi THIS C;OVLK Y ttk!):, \ , ,,, - , -_ __, KWrn!&-..)* e s , .orzae " -fb (9 ,, &Q. ,Qu:T C&AU Q#i%Tb . .._ A-..uR 3% ). 5b--Jd __. Le . 2 ..... .-.. d .+L ....... L rl-u?"P"Y -.. - ~ . (... 'p . : :. .. ,-cl.d b . ..-- CLAsbfi& ..... , ... ....... f CltC AC70 ........ -. 54A -. hZE 4 Vn- G+ei . .-- . _- ...... ..... in rrria (2 ...... ....... I -.... ,........_-..- Reeodi "4. iz~ J-- UPS~~: c,;t.I ...... ..... . , .. .--_ .I- -.._.. MCLil Tq,...s+3Ld'- 4-0 [ Lh F&rL&j I--... ... ._I-._ fl&l' \hjES-$ lh-LuklkL --._ Lki-5 I^. ,".-.-. ------. ,I,.. , , ....... + 2-30 --.--I-- , i ! 9700 ___. fAURYh.4 %MJ -._ . . h!LK .... ...--.a ....... CA * g 271,s ........ 9 -- 1, ........... - .... A .. ....... ..... ..... .... _.. --. d N/kr p I- (T -gi&4&L OT-.-. 1947 Gamlno Vlda Roble, SUItC 107, Carlsbaa, CA. $2008 (619) 431-5399 !-AX (619) 431-2205 c.\wwmxnw.m 1 i 1 2 3 4 5 6 7 8 9 lo I' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 0 m RESOLUTION NO. 93-57 A RESOLUTION OF THE CIlY COUNCIL OF THE ClTY OF CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM DEED OF EASEMENT TO REINSTATE THE RELINQUISHED ABUTTER'S ACCESS RIGHTS OF LOT 50 OF CARLSBAD TRACT NO. 85-34, VIEWPOINT, TO MIMOSA DRIVE: PR 3.7.47 WHEREAS, the abutter's access rights of Lot 50 of Carlsbad Tract No. 85-34 to h Drive was relinquished per Map Number 12658, filed in the ofice of the County Reca San Diego County; and WHEREAS, Planning Commission Resolution NO. 31 44, approving tF Development Plan SDP 90-6, provided for a driveway opening serving said lot to Mirnos and WHEREAS, Western National Homes I, Ltd, the owner of said lot, has subr request for the quitclaiming by the City of said relinquished abutter's rights of ac Mimosa Drive; and WHEREAS, quitclaiming of said relinquished abutter's rights of access by thl consistent with the orderly development of said lot and the adjacent developments. NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad, C as follows: 1. 2. That the above recitations are true and correct. That the City Council of the City of Carlsbad quitclaims said relir abutter's access rights of Lot 50 of Tract 140. 85-34 to Mimosa Drive and authorizes tt to execute a Quitclaim Deed to that effect. Ill //I Ill 111 4 F 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I.5 16 - e m 3. That the Mayor is authorized to execute the quitclaim deed and the Cio is hereby authorized to release the quitclaim deed to Chicago Title Company for recor 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 ( held on the 23rd day of MARCH , 1993 by the following vote, to wit: AYES: NOES: None ABSENT: Council Member Kulchin Council Members Lewis , Stanton, Nygaard, Finnila ATTEST: dl&Bhl ALEJHA L FiAUTENKRANZ, City Clerk (SEAL) a Q r? - Citj 0 -m - - November 2,1999 Terry Neville Western National Construction P 0 Box 19528 Irvine, CA 92623-9528 RE: BOND REDUCTION - CT 85-34 - VIEWPOINT Per instructions from our Engineering Department, we are hereby reducing the following bond for the above-referenced subdivision as follows: Faithful Performance Bond #lo9290 From $177,600 to $44,400. Commercial Associates Insurance A copy of the Notice of Completion is enclosed for your records. Deputy City Clerk Enclosure cc: Michele Masterson, Engineering Commercial Associates Insurance Attn; Ralph 4226 East La Palma Ave Anaheim, CA 92807 &Drive - Carlsbad, CA 92008-1989 - (760) 434-2802 X1