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Home My WebLink About1993-04-20; City Council; 12175; Four Seasons Resort HotelAB # lh, / 3 5 MT& 4-20-93 DEPT. ENG C-Y OF CARLSBAD - AGE. ->A BILL 94 TITLE: r FOUR SEASONS RESORT HOTEL; CARLSBAD - TRACT NO. 8535 UNIT 8, QUITCLAIMING OF DRAINAGE EASEMENT, UTILITY AND ACCESS AND WATERLINE EASEMENT, RELINQUISHED ABUTTER ACCESS RIGHTS; PR 3.744, PR 3.7.43, PR 2.3.43 I I RECOMMENDED ACTION: Adopt Resolution No. $3-I&? approving the proposed quitclaim of a drainage easement within Lot 87 of Carlsbad Tract No. 8535 Unit B to Aviara Resort Associates Limited Partnership; PR 3.744. Adopt Resolution No. 93-104 approving the proposed quitclaim of a general utilii and access easement, and water line easement within Lot 87 of Carlsbad Tract No. 85-35 Unit B to Aviara Resort Associates Limited Partnership; PR 3.7.43. Adopt Resolution No. 5 3-/o 5 approving the proposed quitclaim of a portion of the relinquished abutter’s access rights to Alga Road of Lot 87 of Carlsbad Tract No. 8535 Unit B, to Aviara Resort Associates Limited Partnership; PR 2.3.48. I ITEM EXPLANATION: In conjunction with approval of the final map of Carlsbad Tract No. 85-35 Unit 6, Aviara Land Associates Limited Partnership dedicated certain general utility and access easements, water line easements, and a drainage easement; and relinquished certain abutter’s access rights to Alga Road, all effecting lot 87 of said tract. The above dedications and relinquishment were made based on the alignments of Blue Heron Place and Shuttle Road, the private streets serving the future hotel site within said lot. On June 51990 the City Council approved amendments to the Master Plan 177 and Site Development Plan 86-2, which in part revised the hotel site configuration and the alignments of the Blue Heron Place and Shuttle Road. As a result of said realignments, the previously dedicated public easements no longer serve their intended purposes. The Engineering Department has received a request from Aviara Resort Associates, the current owner of said lot, for quitclaiming by the City of the general utility and access easements, water line easements, and the drainage easement no longer needed by the City. Also the owner has requested quitclaiming of a portion of the relinquished abutter’s access rights of said lot to Alga Road which is now necessary for the new alignment of Blue Heron Place. Attached to accommodate the above and for Council’s consideration are the following: PR 3.7.44 Quitclaim Deed for quitclaiming the drainage easement within Lot 87 of Carlsbad Tract No. 85-35 Unit B, to Aviara Resort Associates Limited Partnership. PR 3.7.43 Quitclaim Deed for quitclaiming the general utility and access easement, and water line easement within Lot 87 of Carlsbad Tract No. 85-35 Unit B, to Aviara Resort Associates Limited Partnership. PR 2.3.43 Quitclaim Deed for quitclaiming a portion of the relinquished abutter’s access rights to Alga Raod of Lot 87 of Carlsbad Tract No. 85-35 Unit B to Aviara Resort Associates Limited Partnership. , 4 ‘. ..’ PAGETWOOFAB#. 12, /35 The City has received Grant Deeds of Easements from Aviara Resort Associates to accommodate all required public easements, including water line easements, associated with the new alignments of the Blue Heron Place and Shuttle Road. The Engineering staff has reviewed and concurs with the owner’s quitclaim requests. FISCAL IMPACT: NONE 1. Location Map. 2. Quitclaim Deed for quitclaiming the drainage easement within Lot 87 of Carlsbad Tract No. 85-35 Unit B, to Aviara Resort Associates Limited Partnership; PR 3.7.44. 3. Quitclaim Deed for quitclaiming the general utility and access easement and water line easement within Lot 87 of Carlsbad Tract No. 85-35 Unit B to Aviara Resort Associates Limited Partnership; PR 3.7.43. 4. Quitclaim Deed for quitclaiming a portion of the relinquished abutter’s access rights to Alga Raod of Lot 87 of Carlsbad Tract No. 85-35 Unit B to Aviara Resort Associates Limited Partnership; PR 2.3.43. 5. Resolution No. 9J0/d3 approving the proposed quitclaim of a drainage easement within Lot 87 of Carlsbad Tract No. 85-35 Unit B to Aviara Resort Associates Limited Partnership; PR 3.7.44. 6. Resolution No. 49 -WI approving the proposed quitclaim of a general utility and access easement, and water line easement within Lot 87 of Carlsbad Tract No. 85- 35 Unit B to Aviara Resort Associates Limited Partnership; PR 3.7.43. 7. Resolution No. q3-10 S approving the proposed quitclaim of a portion of the relinquished abutter’s access rights to Alga Road of Lot 87 of Carlsbad Tract No. 85-35 Unit B to Aviara Resort Associates Limited Partnership; PR 2.3.43. “1 I LOCATION MAP CITY OF OCEANSIDE NOT TO SCALE ‘ROJECT NAME FOUR SEASONS RESORT HOTEL PROJECT EXHIBIT CARLSBAD TRACT NO. 85-35 PR3.7.43 UNIT B, AVIARA PHASE 1 PR3.7.44 PR2.3.43 1 scm Evh~s CARI~AI) FN~NFFRINC ~FDT 1 2 3 4 5 '6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 93-103 A RESOLUTION OF THE CR-Y COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM DEED OF EASEMENTTO QUITCLAIM A DRAINAGE EASEMENT WITHIN LOT 87 OF CARLSBAD TRACT NO. 85-35 UNIT B, AVIARA PHASE I; PR 3.7.44 WHEREAS, Aviara Resort Associates Limited Partnership has submitted a request for quitclaiming by the City of a drainage easement within Lot 87 of Carlsbad Tract No. 85-35 Unit B, Aviara Phase I, dedicated to the City of Carlsbad on the final map of said Carlsbad Tract, per Map No. 12410, filed in the office of the County Recorder of San Diego County; and WHEREAS, said drainage easement was never utilized for the purpose for which it was granted, nor is it contemplated to be needed for the purpose of a drainage easement; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the . public interest to quitclaim said drainage easement. 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 City Council of the City of Carlsbad quitclaims said drainage easement within Lot 87 of Carlsbad Tract No. 85-35 Unit B, Aviara Phase I, and authorizes the Mayor to execute a Quitclaim Deed to that effect. //I /II I// I// /Ii I// Ill 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 3. That the City Clerk is hereby authorized to release the quitclaim deed to Stewart Title Company of San Diego for recording 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 the 20th day of APRIL , 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin NOES: None ABSENT: ATTEST: ALETHA L. PAUTENKRANZ, City Clerk (SW , 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 93-184 A RESOLUTION OF THE CITY COUNCIL OF THE CRY OF CARLSBAD, CALIFORNIA, APPROVING A QUlTClAlM DEED OF EASEMENTTO QUITCLAIM A GENERAL UTILlTY AND ACCESS EASEMENT AND A WATER LINE EASEMENT WITHIN LOT 87 OF CARLSBAD TRACT NO. 85-35 UNIT B, AVIARA PHASE I; PR 3.7.43 WHEREAS, Aviara Resort Associates Limited Partnership has submitted a request for quitclaiming by the City of a general utility and access easement and water line easement within Lot 87 of Carlsbad Tract No. 85-35 Unit B, Aviara Phase I, dedicated to the City of Carlsbad on the final map of said Carlsbad Tract, per Map No. 12410, filed in the office of the County Recorder of San Diego County; and WHEREAS, said general utility and access easement and water line easement were never utilized for the purpose for which they were granted, nor are they contemplated to be needed for their intended purposes; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim said general utility and access easement and water line easement. 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 City Council of the City of Carlsbad quitclaims said general utility and access easement and said waterline easement within Lot 87 of Carlsbad Tract No. 85-35 Unit 6, Aviara Phase I, and authorizes the Mayor to execute a Quitclaim Deed to that effect. II /// . . 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 3. That the City Clerk is hereby authorized to release the quitclaim deed to Stewart Title Company of San Diego for recording 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 the 20th day of APRIL , 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin NOES: None ABSENT: Council Memb ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEW - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 93-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM DEED OF EASEMENTTO REINSTATE A PORTION OF THE RELINQUISHED ABUTTER’S ACCESS RIGHTS OF LOT 87 OF CARLSBAD TRACT NO. 8535 UNIT B, AVIARA PHASE I, TO ALGA ROAD; WHEREAS, the abutter’s access rights of Lot 87 of Carlsbad Tract No. 85-35 Unit 8, Aviara Phase I, to Alga Road was relinquished per Map Number 12410, filed in the office of the County Recorder of San Diego County; and WHEREAS, Aviara Resort Associates Limited Partnership, the owner of said lot, has submitted a request for quitclaiming by the City of a portion of said relinquished abutter’s rights of access to Alga Road; and WHEREAS, quitclaiming of a portion of said relinquished abutter’s rights of access is necessary to provide access to Blue Heron Place, a private street serving a hotel site within said lot; and. WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim said relinquished abutter’s access rights to Alga Road. 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 City Council of the City of Carlsbad quitclaims said relinquished abutter’s access rights of Lot 87 of Carlsbad Tract No 85-35 Unit B, Aviara Phase I, to Alga Road and authorizes the Mayor to execute a Quitclaim Deed to that effect. Ill I// ill Ill I - 1 2 3. That the City Clerk is hereby authorized to release the quitclaim deed to Stewart Title Company of San Diego for recording in the office of the County Recorder of San Diego 3 County, State of California 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 5 held on the 20th day of APRIL , 1993 by the following vote, to wit: 6 7 AYES: Council Members Lewis, Stanton, Kulchin a NOES: None 9 ABSENT: 10 11 ATTEST: 12 ENKRANZ, City Clerk 13 (SW 14 15 16 17 18 23 24 25 26 27 28 May 4, 1993 Aviara Resort Associates Limited Partnership 6986 El Camino Real, Suite B-336 Carlsbad, CA 92009 Re: Quitclaim Deed Pertaining to Four Seasons Resort Hotel - Drainage Easement within Lot 87 of CT 85-35 Unit B The Carlsbad City Council, at its meeting of April 20, 1993, adopted Resolution No. 93-103, approving a guitclaim deed of drainage easement within Lot 87 of Carlsbad Tract No. 85-35 Unit B, to Aviara Resort Associates Limited Partnership. Enclosed please find the fully executed original guitclaim deed so that you can have it recorded with the San Diego County Recorder as well as a copy of Resolution No. 93-103. Assistant City Clerk KRK:ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-I 989 - (619) 434-2808 May 4, 1993 Aviara Resort Associates Limited Partnership 6986 El Camino Real, Suite B-336 Carlsbad, CA 92009 R8: Quitclaim Deed Pertaining to Four Seasons Resort Hotel - General Utility and Access Easement, Lot 87, CT 85-35 Unit B The Carlsbad City Council, at its meeting of April 20, 1993, adopted Resolution No. 93-104, approving a guitclaim deed of a general utility and access easement, and water line easement within Lot 87 of Carlsbad Tract No. 85-35 Unit B, to Aviara Resort Associates Limited Partnership. Enclosed please find the fully executed original guitclaim deed so that you can have it recorded with the San Diego County Recorder as well as a copy of Resolution No. 93-104. LliiikiY&<z Assistant KRK:ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-I 989 - (619) 434-2808 @ May 4, 1993 Aviara Resort Associates Limited Partnership 6986 El Camino Real, Suite B-336 Carlsbad CA 92009 Re: Quitclaim Deed Pertaining to Four Seasons Resort tlotel - Portion of the Relinquished Abutter@8 Access Rights to Alga Road of Lot 87 of Carlsbad Tract No. 85-35 Unit B The Carlsbad City Council, at its meeting of April 20, 1993, adopted Resolution No. 93-105, approving a guitclaim deed for a portion of the relinquished abutter's access rights to Alga Road of Lot 87 of Carlsbad Tract No. 85-35 Unit B, to Aviara Resort Associates Limited Partnership. Enclosed please find the fully executed original guitclaim deed so that you can have it recorded with the San Diego County Recorder as well as a copy of Resolution No. 93-105. KRK:ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 @ AVIARA ItESORT&SOCIATES . MAILING ADDRESS SUITE B-336 6986 EL CAMINO RFAL AVIARA CARLsm, CA 92009 PHONE: (619) 431-7111 FAX (619) 431-8130 DATE: TO: FROM: SUBJECT: LElTER OF TRANSMITTAL July 21, 1993 City Clerks Office 1200 Carlsbad Village Drive Carlsbad, CA 92008 Bob Green Aviara Resort Associates 6986 El Camino Real Suite B-336 Carlsbad, CA 92009 Aviara - QUITCLAIM DEED WE ARE SENDING: Enclosed X Under Separate Cover VIA: Mail X FOR: Your Use X Messenger Your Review/Comment Pick-Up Your Files X -F= Your Information Your Approval DESCRIPTION: Enclosed, please find three Quitclaim Deeds for your files. REMARKS: SIGNED: Bob Green/kmw cc: RECORDING REQUESTED BY *1 f . AND ~VI~EN RECORDED MAIL I 0 -r 1 Name Aviata Resort Associates Limited Partnership Str&Ad&ess .6986 El Camino Real, Suite B-336 Carlsbad CA 92009 City& State L- -J I i‘ \ ! ,* K Ii 1993~0375640 ! 1%JUM-1993 Q8:42 RI7 OFFICIAL RECORDS ShN DIEGO COUNTY RECORDER’S OFFICE ANNHETTE EVANS, COUNTY RECDRDER 977 9.00 FEES: 23.00 ‘;i HA . MAIL TAX STATEMENTS TO r 1 Name Avlara Resort Associates Limited Partnership Street Address 6986 El Gamin0 Real, Suite 8336 Carlsbad CA 92009 City& State -Computed on the consideration of value of property conveyed; OR L -J -Computed on the consideration of value less liens or encumbrances remaining at time of sale. QUITCLAIM DEED PR 3.7.44 APN 215-612-01 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 Aviara Resort Associates Limited Partnership, a California Limited Partnership the following described real property in the City of Carlsbad, County of San Diego, State of California: described as: a drainage easement as described in Exhibit “A” consisting of two (2) pages, attached hereto and made a part hereof. Exhibit “B” consisting of one (1) page is attached for clarity only. The intent of this Quitclaim Deed is tom quitclaim the drainage easement dedicated on the final map of Carlsbad Tract No. 85-35 Unit B, Map No. 12410, as said easement is more particularly described on the attached Exhibits A and B. The easements dedicated to the City of Carlsbad per the documents recorded on February 8, 1993 as File Nos. 93-0082352 and 93-0082353, tiled in the office of the County Recorder of San Diego County, State of California, are exempt from this Quitclaim Deed. DATED t$,& +, if93 STATE OF CALIFORNIA r Name Claude A. Lewis (7Lpe or Print) Title Mayor BY (?Lpe or Print) COUNTY OF Name Title Aletha L. Rautenkranz (%e or Print) City Clerk (7Spe or Print) bcfn- me .Y . . . , that by his/her/their acted, executed the i WITNESS my hand an xecuted the sam Signature (Seal) MAIL THIS STATEMENT A!S DIRECTED ABOVE - -PURPOSE ACKNOWLEDQ;MENT No2a .ate of California )unty of San DNo 978 n April 27, 1993 before me, Karen R. Kundtz, Notary Public , DATE NAME. Ul-LE OF OFFICER - E.G., ‘JANE DOE. NOTARY PUWC rsonally appeared Claude A. Lewis and Aletha L. Rautenkranz , NAME(S) OF SIGNER(S) 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), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. / c---?&u YL ‘, . (syfqtJ.ykcFNc1+lq V CAPACITY CLAIMED BY SIGNER 0 INOIVIOUAL(S) q CORPORATE Jpm- OFFICER(S) City Clerk TITLE(S) 0 PARTNER(S) 0 AlTORNEY-IN-FACT 0 TRUSTEE(S) 0 SUBSCRIBING WITNESS 13 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) City of Carlsbad, A Municipal Corporation AlTENTlON NOTARY: Althouah the information reauested below is OPTIONAL it could orevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document uitclaim Dqed from City to pviara s T.-p14 Pnrtnatahln - PR Number of Pages 4 Date of Document 4/26/93 Signer(s) Other Than Named Above None 6 1991 NATIONAL NOTARY ASSOCIATION * 9239 Remma Ave. . P.O. Box 7194 * CwW9U PM. CA 91304-71 . . : :. - 979 6/28/l 990 (MA) REV. 21411993 (DWA) WORK/DRAIESMT.LEG EXHIBIT “A” (PR 3.7.44) LEGAL DESCRIPTION DRAINAGE EASEMENT QUITCLAIM BEING ALL THAT EXISTING DRAINAGE EASEMENT AS SHOWN AND DEDICATED ON CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I - UNIT “6”. ACCORDING TO MAP THEREOF NO. 12410, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989 AS FILE NO. 89-345851, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SAID EASEMENT IS LYING WITHIN LOT 87 OF SAID MAP NO. 12410, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT IN THE WESTERLY LINE OF SAID LOT 87, SAID POINT BEING AT THE NORTHERLY TERMINUS OF THE LINE WHICH BEARS NORTH 12O 11’00” EAST, 194.00 FEET; THENCE ALONG SAID WESTERLY LINE SOUTH 12O 11’00” WEST, 99.25 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHWESTERLY LINE OF SAID DRAINAGE EASEMENT; THENCE LEAVING SAID WESTERLY LINE ALONG SAID NORTHWESTERLY LINE NORTH 85OO6’35” EAST, 18.04 FEET; THENCE NORTH 12O36’43” EAST, 80.73 FEET, TO THE BEGINNING OF A TANGENT 134.50 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4OO34’24” A DISTANCE OF 95.24 FEET TO A POINT OF REVERSE CURVATURE OF A NON-TANGENT 82.50 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, A RADIAL LINE TO SAID POINT ON THE 134.50 FOOT RADIUS CURVE BEARS NORTH 36O48’53” WEST, AND A RADIAL LINE TO SAID POINT ON THE 82.50 FOOT RADIUS CURVE BEARS SOUTH 28O34’28” EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID 82.50 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 59’07’14” A DISTANCE OF 85.13 FEET TO A POINT OF CUSP, SAID POINT ALSO BEING ON THE WESTERLY LINE OF THAT CERTAIN GENERAL UTILITY AND ACCESS EASEMENT AND WATER LINE EASEMENT SHOWN AND DESCRIBED AS BLUE HERON PLACE (PRIVATE) ON SAID MAP NO. 12410, SAID POINT BEING ON THE ARC OF A 315.00 FOOT RADIUS CURVE CONCAVE TO THE EAST, A RADIAL LINE TO SAID POINT ON THE 82.50 FOOT RADIUS CURVE BEARS SOUTH 87O41’42” EAST, AND A RADIAL LINE TO SAID POINT ON THE 315.00 FOOT RADIUS CURVE BEARS SOUTH 80°09’09” WEST; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND THE ARC OF SAID 315.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 06O 17’28” A DISTANCE OF 34.59 FEET, TO A POINT ON THE SOUTHEASTERLY LINE OF SAID DRAINAGE EASEMENT, SAID POINT BEING THE BEGINNING OF A NON-TANGENT 97.50 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, A RADIAL LINE TO SAID POINT ON THE 315.00 FOOT RADIUS CURVE BEARS SOUTH 73O51’41” WEST, A RADIAL LINETO SAID POINT ON THE 97.50 FOOT RADIUS CURVE BEARS SOUTH 67O41’47” EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE AND THE ARC OF SAID 97.50 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 38O26’31” A DISTANCE OF 65.42 FEET, TO A POINT OF REVERSE CURVATURE OF A NON-TANGENT 119.50 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE TO SAID POINT ON THE 97.50 FOOT RADIUS CURVE BEARS SOUTH 29O 15’16” EAST AND A RADIAL LINE TO SAID -I- POINT ON THE 119.50 FOOT RADIUS CURVE BEARS NORTH 37O17’45” WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID 119.50 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 4OOO5’32” A DISTANCE OF 83.62 FEET; THENCE SOUTH 12O36’43” WEST, 91.73 FEET; THENCE SOUTH 85°06’20” WEST.33.64 FEET TO A POINT ON SAID WESTERLY LINE OF SAID LOT 87; THENCE ALONG SAID WESTERLY LINE NORTH 12O 11’00” EAST, 15.69 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.094 ACRE OF LAND MORE OR LESS. PREPARED BY: P&D TECHNOLOGIES MAklNUS W. BAAK R.C.E. 27512 REGISTRATION EXPIRES: 03-30-93 EXMBI T % ‘I 981 SCALE: I ‘I=40 ’ -. CJ MAP 12410 LOT 87 1V12~i.l ‘00”E .- a-, 13.69. f&D Technologies 401 West ‘A” Street, Suite 2500 Ssn Diego. Californfs 92101 Tel: /619/ 232-4466 Ph’OJECJ ILAME: CT 85-35, AVIARA, PHASE I, UNIT B, I5 ’ DRAINAGE EASEMENT LOT 87 QUI TCL AIM PROJECJ NO EXHIBI J PR 3.7.44 “B” I ! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I.8 19 20 21 22 23 24 25 26 27 28 . , RESOLUTION NO. 93 - 103 982 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM DEED OF EASEMENTTO QUITClAIM A DRAINAGE EASEMENT WITHIN LOT 87 OF CARLSBAD TRACT NO. 85-35 UNIT 6, AVIARA PHASE I: PR 3.7.44 WHEREAS, Aviara Resort Associates Limited Partnership has submitted a request for quitclaiming by the City of a drainage easement within Lot 87 of Carlsbad Tract No. 85-35 Unit B, Aviara Phase I, dedicated to the City of Carlsbad on the final map of said Carlsbad Tract, per Map No. 12410, filed in the office of the County Recorder of San Diego County; and WHEREAS, said drainage easement was never utilized for the purpose for which it was granted, nor is it contemplated to be needed for the purpose of a drainage easement; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim said drainage easement. 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. a 2. That the City Council of the City of Carlsbad quitclaims said drainage easement within Lot 87 of Carlsbad Tract No. 85-35 Unit 6, Aviara Phase I, and authorizes the Mayor to execute a Quitclaim Deed to that effect. IfI Ill ill l/l /II I/! Jli Ill . 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 I.7 18 19 20 21 22 23 24 25 26 27 28 . , 953 3. That the City Clerk is hereby authorized to release the quitclaim deed to Stewart Title Company of San Diego for recording in the office of the County Recorder of San Oiego County, State of California PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 20th day of APRIL , 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin NOES: None ABSENT: Al-TEST: ALETHA L. RAUTENKRANZ, City Clerk (S-L) . ‘b * ,; RECORDING REQUESTED BY / ,, ‘AND WHEN RECORDED MA,. I.0 f&n;? r-’ - .[ i.i Aviara..Resort AssocTates i :‘I” iimited Partnership Street Address 6986 Ei damino Real, Suite B-336 Carlsbad CA 92009 City & State 3G6 I-.- -J PK # iw3-0376638 1 .- JllN-I!?93 t-m=42 RI7 OFFICIAL RECORDS SAN DIEFO COUNTY RECORDER’S OFFICE ANNETTE E:;“;; COUN;;IWIROER RF: : 600 '. MCI 35.00 ",',j 1.00 MAIL TAX STATEMENTS TO c -1 Name Aviara Resort Associates Limited Partnership Street Address 6986 El Camino Real, Suite B-336 Carlsbad CA 92009 City & State -Computed on the consideration of value of property conveyed: OR L -J -Computed on the consideration of value less liens or encumbrances remaining at time of sale. QUITCLAIM DEED PR APN 3.7.43 215-612-01 - 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 Aviara Resort Associates Limited Partnership, a California Limited Partnership the following described real property in the City of Carlshad, County of San Diego, State of California: described as: a general utility and access easement and water line easement as described in Exhibit “A” consisting of four (4) pages, attached hereto and made a part hereof. Exhibit “B” consisting of three (3) pages is attached for clarity only. The intent of this Quitclaim Deed is to onJ quitclaim the general utility and access easement and the water line easement dedicated on the final map of Carlsbad Tract No. 85-35 Unit B, Map No. 12410, as said easements are more particularly described on the attached Exhibits A and B. The easements dedicated to the City of Carl&ad per the documents recorded on February 8, 1993 as File Nos. 93-0082352 and 93-0082353, filed in the office of the County Rccordcr of San Dicgo County State of California, are exempt from this Quitclaim Deed. DATED && /?fd I I STATE OF CALIFORNIA Name Claude A. Lewis (Type or Pr:nt) Title Mayor (Type or Print) BY COUNTY OF Name Ale&L. (Type or Print) Title Citv f&rk (Type or Print) --. ----._---- ted the same in his/hcr/thcir a Signature (Seal) -- -- ---i MAIt. TlllS STATTI’MENT AS IJt!tEt:TEf) NIOVE . l LLL-PURPOSE ACKNOWLEDGMENT State of California Countyof San Diepo > , 967 On April 27, 1993 before me, Karen R. Kundtz, Notary Public , DATE NAME, TITLE OF OFFICER. E.G., ‘JANE DOE, NOTARY PU6LlC personallyappeared Claude A. Lewis and Aletha L. Rautenkranz NAME(S) OF SIGNER(S) , Ix] personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) &are subscribed to the within instrument and ac- knowledged to me that-/they executed the same in -b&her/their authorized caoacitv0e.s). and that bv -biefher/their -1 si&atur&) &I the instrument the person(s), Km or the entity upon behalf of which the person(s) IWIA acted, executed the instrument. 7 m .Sr\N OIEBO COUNTY Mh. Curl 1canl 77 1693 Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL(S) a CORPORATE Byor OFFICER(S) City Clerk TITLE(S) q PARTNER(S) 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 SUBSCRIBING WITNESS 0 GUARDIAN/CONSERVATOR q OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTlTY(IES) City of Carlsbad, A Municipal Corporation ATTENTION NOTARY: Although the information requested below is OPTIONAL. it could prevent fraudulent attachment of this certbticate to unauthorized document. THIS CERTIFICATE Title or Type of Document 3 - R _ _ QuitcJ.a$m Degd.from City to bviarg Rqsyri 3 MUST BE ATTACHED TO THE DOCUMENT Number of Pages 8 Date of Document 4126193 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above None 0 1991 NATIONAL NOTARY ASSOCIATION - 6236 Remmet Ave. - P.O. Box 7164 - Canoga Park. CA 61364-71 . . . . . -. . . _. .i . --A.. - . -_ 06/22/1990 (MA) 300,16;SV BHVLGl REV,2/04/1993(DWA) EXHIBIT “A” LEGAL DESCRIPTION (PR 3.7.43) QUITCLAIM OF GENERAL UTILITY C ACCESS EASEMENT AND WATER LINE EASEMENT PARCEL "A" Being all that existing General Utility and Access Easement and Water Line Easement (Blue Heron Place) all as shown and dedicated on City of Carlsbad Tract 85-35, Aviara Phase I - Unit ttBcl, according to map thereof No. 12410, filed in the office of the County Recorder of San Diego County, June 29, 1989 as File No. 89-345851, in the City of Carlsbad, County of San Diego, State of California, said easement is lying within lot 87 of said Map No. 12410, being more particularly described as follows: BEGINNING at the most Northwesterly corner of said Lot 87, said corner being the most Northwesterly corner of said General Utility and Access Easement and Water Line Easement, said corner also being on the Southerly line of the Right-of-Way of Alga Road as described in deed recorded June 29, 1989, file no. 89-345765 of Official Records: thence along said Southerly line South 59'47'0011 East 104.84 feet to a point on the Easterly line of the aforesaid easements; thence along said Easterly line South 27"13'OOt1 West, 84.01 feet, to the beginning of a tangent 317.23 foot radius curve concave to the East; thence Southerly along the arc of said curve through a central angle of 34"18'20' a distance of 189.94 feet; thence South 07"05f2011 East, 161.72 feet, to the beginning of a tangent 435.00 foot radius curve concave to the West; thence Southerly along the arc of said curve through a central angle of 23"08'30t1 a distance of 175.70 feet: thence South 16°03'10'1 West, 205.67 feet, to the beginning of a tangent 245.00 foot radius curve concave to the East: thence Southerly along the arc of said curve through a central angle of 57'26'40t1 a distance of 245.64 feet; thence South 41°23'3011 East, 103.43 feet, to the beginning of a tangent 335.00 foot radius curve concave to the West: thence Southerly along the arc of said curve through a central angle of 84'50'301* a distance of 496.06 feet: thence South 43'27'OOt' West, 42.36 feet, to the beginning of a tangent 43.00 foot radius curve concave to the Southeast; thence Southwesterly along the arc of said curve through a central angle of 37'34'501@ a distance of 28.20 feet; thence South 05"52'0911 West, 25.43 feet to a point hereinafter referred to as Point rwAwl; thence continuing South 05"52'09" West, 22.10 feet to the beginning of a tangent 92.00 foot radius curve concave to the Northeast; -l- - - 969 . thence Southwesterly, Westerly, Northwesterly, Northerly and Northeasterly along the arc of said curve through central angle of 255"09'41" a distance of 409.71 feet:* thence North 81"01'50*1 East, 47.53 feet, to the beginning of a tangent 43.00 foot radius curve concave to the Northwest: thence Northeasterly along the arc of said curve through a central angle of 37"34'50V1 a distance of 28.20 feet; thence North 43"27'OOtt East, 42.36 feet, to the beginning of a tangent 265.00 foot radius curve concave to the West: thence Northerly along the arc of said curve through a central angle of 84'50'301t a distance of 392.40 feet; thence North 41"23'30tt West, 103.43 feet, to the beginning of a tangent 315.00 foot radius curve concave to the East: thence Northerly along the arc of said curve through a central angle of 57"26'40t1 a distance of 315.82 feet: thence North 16"03'10t~ East, 205.67 feet, to the beginning of a tangent 365.00 foot radius curve concave to the West: thence Northerly along the arc of said curve through a central angle of 23°0803011 a distance of 147.42 feet; thence North 07'05'20fi1 West, 197.36 feet, to the beginning of a tangent 335.00 foot radius curve concave to the East; thence Northerly along the arc of said curve through a central angle of 34"18'2011 a distance of 200.58 feet; thence North 27"13'0011 East, 64.53 feet, to the beginning of a tangent 25.00 foot radius curve concave to the West: thence Northerly along the arc of said curve through a central angle of 87°00'O011 a distance of 37.96 feet to the POINT OF BEGINNING. The hereinabove described lot contains 3.460 acres of land more or less. PARCEL "B" Being all that existing General Utility and Access Easement and Water Line Easement (Shuttle Road) all as shown and dedicated on City of Carlsbad Tract 85-35, Aviara Phase I - Unit ctBtl, according to map thereof No. 12410, filed in the office of the County Recorder of San Diego County, June 29, 1989 as file No. 89-345851, in the City of Carlsbad, County of San Diego, State of California, said easement is lying within lot 87 of said Map No. 12410, being more particularly described as follows: BEGINNING at the hereinabove described Point r"Afl in "Parcel A" , said point being on the Easterly line of said General Utility and Access Easement and Water Line Easement (Shuttle -2- Road); thence along said Easterly line South 82'56'40" East, 77.22 feet, to the beginning of a tangent 154.00 foot radius curve concave to the South: thence Easterly along the arc of said curve through a central angle of 29'05'05" a distance of 78.17 feet; thence South 53'51'35n East, 42.95 feet, to the beginning of a tangent 194.00 foot radius curve concave to the West: thence Southeasterly, Southerly and Southwesterly along the arc of said curve through a central angle of 125"35'5St1 a distance of 425.27 feet; thence South 71"44'231t West (North 71'44‘33"East per Map 12410), 59.16 feet, to the beginning of a tangent 386.00 foot radius curve concave to the Southeast: thence Southwesterly along the arc of said curve through a central angle of 13'44'231t a distance of 92.56 feet; thence South 55"51'38" West, 133.93 feet, to the beginning of a non-tangent 76.00 foot radius curve concave to the East, a radial line to said point bears North 32'O0800fl West; thence Southwesterly, Southerly and Southeasterly along the arc of said curve through a central angle of 155°47'15t1 a distance of 206.64 feet: thence North 86"42'441t East, 63.73 feet, to the beginning of a non-tangent 386.00 foot radius curve concave to the North, a radial line to said point bears South 07'47'1511 East: thence Easterly along the arc of said curve through a central angle of 09"34'58" a distance of 64.56 feet; thence North 72'37'47" East, 131.22 feet, to the beginning of a tangent 114.00 foot radius curve concave to the South: thence Easterly along the arc of said curve through a central angle of 43'09'4311 a distance of 85.88 feet; thence South 64'12'30 'I East (N64"12'30"E per Map 12410 is in error), 71.31 feet to a point on the Easterly line of said Lot 87, said point being on the arc of a 258.00 foot radius curve concave to the Northwest, a radial line to said point bears South 68"06'40Ut East; thence Southwesterly along said Easterly line and the arc of said curve through a central angle of 06"13'18" a distance of 28.02 feet; thence leaving said Easterly line North 64'12'30t1 West (N64'12'30t1E per Map 12410 is in error), 71.70 feet, to the beginning of a tangent 86.00 foot radius curve concave to the South; thence Westerly along the arc of said curve through a central angle of 43'09'43" a distance of 64.78 feet ; thence South 72'37'47" West, 131.22 feet, feet, to the beginning of a tangent 414.00 foot radius curve concave to the North; thence Westerly along the arc of said curve through a central angle of 09"34'5Stt a distance of 69.24 feet; thence South 82'12'45" West, 63.53 feet, to the beginning of a tangent 109.00 foot radius curve concave to the East: thence Westerly, Northerly and Northeasterly along the arc of said curve through a central angle of 155"47'15 I( a distance of 296.37 feet; thence North 58'OO'OOU East, 133.83 feet, to the beginning of a tangent 414.00 foot radius curve concave to the Southeast; thence Northeasterly along the arc of said curve through a central angle of 13°44J2311 a distance of 99.28 feet; thence North 66'54'32" East, 59.37 feet, to the beginning of a non-tangent 161.00 foot radius curve concave to the West, a -3- - radial line to said point bears South 18"15'37" East: thence Northeasterly, Northerly and Northwesterly along the arc of said curve through a central angle of 125'35'58" a distance of 352.93 feet; thence North 47°13'09U1 West, 43.24 feet, to the beginning of a non-tangent 126.00 foot radius curve concave to the South, a radial line to said point bears North 36"08'25" East: thence Westerly along the arc of said curve through a central angle of 29'05'05" a distance of 63.96 feet: thence North 82"56'40t1 West, 76.83 feet to a point on the Easterly line of that certain easement described in "Parcel A" above, said point being on the arc of a 92.00 foot radius curve concave to the West, a radial line to said point bears South 80'27'09t1 East: thence Northerly along said Easterly line and the arc of said curve through a central angle of 03"40'41" a distance of 5.91 feet; thence continuing along said Easterly line North 05°5280911 East, 22.10 the POINT OF BEGINNING. feet to The hereinabove described lot contains 1.074 acres more or less. of land Prepared By: P&D TECHNOLOGIES maAnus W. Baak R.C.E.~ 27512 Registration Expires: 03/30/93 27512 -4- . I. . . I- . -FxHIBI7- “0 ‘I “’ _i - I SHEET 1 OF 3 SHEETS P. 0. B. MOST NW ‘L Y -l . \ A, SCALE: I “=I00 ’ m m I Ln 00 N27°13'OO'tE 64.53' WZ”47&%/(R) ., ; Y __/- CORNER LOT 87 LOT 89 m ;;h$ I \I I -‘L ---\, ~fp34qQ’~~~) F-3 I d ‘et t u-l c,- oc:$ I 03 0’ - :a 0 I -“Z 3 L .- ‘.I? * u 1-J Id-’ h J-i!? \“h”y el- I-=m O= PiD T8tilOql8S 401 UQSt *A’ StrQQt, sf/itQ 2500 San Dfrgo, CaJffornfa 92101 TQJ : ~SlPl 232-4466 PROJECT NAME: C.T 66 -35, AvIA&q , W45E 1, b’NIT “B”, LOT&37 GENE..AA UTILITY & ACCESS EASEMENT AND WA TER LINE EASEMENT QUITCLAIM ‘NUS M 0AR K K’E 275?2 /STRAi:3-3~ -33 PROJECT NG f300,111 BHVACf**6/11/9O**JN 10277.00 3 SCALE: f “=I m P-3 I 2 ==* = L-2 t-H-3 25: /- ,/ \ . ?,\ a QWa. vu34 QZ LLI OQ / .\ 1.. \f (1 LOT 87 1V43~27’0O”E 42.36 A=37O34 ‘50” I?=#. m’, L =28.20 ’ hf82 OOl ‘50 “E 47.53 AM *33’CD”M/(R,) \ i?/r% /! LOT 88 ;v,s.” /N43O27 ‘00 “El 42.36 ’ -~yi9/&..@j-fz2s9,,E 47.53, \ - L r \ SEE SHEET :* :: : ; ; :: ;: ‘?‘SHUTTLE ROAD (PRI VA TE) PARCEL “B ” NO. PROJECT #AME: C.7: 05-35, AVlAR4,PUA~E 1, l/hJlT"0", U)T$T IPROJECT A'01 EXHIBIT GEN~-~AL UTIiIrY dt ACCESS EASEMENT AND WA TER LINE EASEMENT QUITCLAIM I 0 f300,1-21 tWVAC2**6/11/90wnJN 10277.00 J-2 a QWII Vv)Q ~07p47’/(jt’f(@4 >.(’ . t . L : . - EXHIBIT “a N-- \* > ’ . ’ SHEET 3 Of 3 SHEETs SEE SHEET NO. 2 SCALE: Z"=lOO' LOT 6 CITY OF CARLSBAD TRACT 85-35 PHASE I - UNIT “A” MAP NO. 12409 PROJECT NAM: C.7: 05-35, Al//..RA, PUASE I, lhUlir”~u, LOT 87 PROJECT NO. EXHIBIT GENERAL UTILITY & ACCESS pR 3’7 43 b b EASEMENT AND k/A TER LINE EASEMENT QUITCLAIM /3OO,Il1 6tiVAC3**6/11/90**JN10277.00 . ‘I . \* l 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 93-184 A RESOLUTION OF THE CR-Y COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM DEED OF EASEMENTTO QUITClAIM A GENERAL UTILITY AND ACCESS EASEMENT AND A WATER LINE EASEMENT WITHIN LOT 87 OF CARLSBAD TRACT NO. 85-35 UNIT B, AVIARA PHASE I: PR 3.7.43 WHEREAS, Aviara Resort Associates Limited Partnership has submitted a request for quitclaiming by the City of a general utility and access easement and water line easement within Lot 87 of Carlsbad Tract No. 85-35 Unit 8, Aviara Phase I, dedicated to the City of Carlsbad on the final map of said Carlsbad Tract, per Map No. 12410, filed in the office of the County Recorder of San Diego County; and WHEREAS, said general utility and access easement and water line easement were never utilized for the purpose for which they were granted, nor are they contemplated to be needed for their intended purposes; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim said general utility and access easement and water line easement. 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 City Council of the City of Carlsbad quitclaims said general utility and access easement and said waterline easement within Lot 87 of Carlsbad Tract No. 85-35 Unit B, Aviara Phase I, and authorizes the Mayor to execute a Quitclaim Deed to that effect. ill /If f/l f/f /if . .* . / ~ *~ 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 28 976 3. That the City Clerk is hereby authorized to release the quitclaim deed to Stewart ~ Title Company of San Diego for recording in the office of the County Recorder of San Diego I County, State of California I PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 20th day of APRIL , 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin NOES: None ABSENT: All-EST: , Ll/LL-l ALETHA L. RAUTENKBANZ, City Clerk (S&w RECORDING REQUESTED BY . . : :AND WHEN RECORDED MAIL 10 Ni& I--‘ 1 Aviara Resort Associates Limited Partnership Went Address .*6986’ El t%niind, Real, Suite B-336 Carlsbad CA 92009 my & State L- -J (.’ E !” 1,. 1 if ,/I f ! i FC II 1993-0376638 x:. ~.Tcw-l.P93 08 = 4L3 Pm OFFICIAL RECORDS SM DIEGO COUNTY RECORDER’S OFFlCE MAIL TAX STATEMENTS TO r- 1 Name Aviara Resort Associates Limited Partnership Street Address 6986 Et Camino Real, Suite B-336 Carkbad CA 92009 City& State -Computed on the consideration of value of property conveyed; OR L- -J -Computed on the consideration of value less liens or encumbrances remaining at time of sale. QUITCLAIM DEED PR 2.3.43 APN 215-612-01 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowiedged, City of Carlsbad, A Municipal Corporation otganizecl under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to Aviara Resort Associates Limited Partnership, a California Limited Partnership the following described real property in the City of Carlsbad, County of San Diego, State of California: described as: the relinquished abutter’s rights of access as described in Exhibit “A” consisting of one (1) page, attached hereto and made a part hereof. Exhibit “B” consisting of one (1) page is attached for clarity only. DATED +.&a+ 093 B Name Claude A. Lewis (w or Print) STATE OF CALIFORNIA COUNTY OF me, b&ore Title Mayor (Type or Print) BY (Signature I Name Aletha L. Rautenkrmz (1slpe or Print) Title City Clerk (Type or Print) Signature Mhlt TIlIS STATEMENT AS DIREfITED ABOVE LL-PURPOSE ACKNOWLEDOMENT NO 20! State of California County of San Diego 961 On April 27, 1993 before me, Karen R. Kundtz, Notary Public DATE NAME. TITLE OF OFFICER . E.G., ‘JANE DDE. NOTARY PUBLIC personally appeared Claude A. Lewis and Aletha L. Rautenkranz , NAME(S) OF SIGNER(S) Q personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -&are subscribed to the within instrument and ac- knowledged to me that-they executed the same in &i#+e+/their authorized capacity(ies), and that by k’c’h-/their 1 signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. f Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL(S) q CORPORATE Mayor OFFICER(S) City Clerk TITLE(S) 0 PARTNER(S) 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) q SUBSCRBING WITNESS 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) City of Carlsbad, A Municipal Corporation AlTENTlON NOTARY: Although the information requested below is OPTIONAL. it Could prevent fraudulent attachment of this certificate to unauthorized dccument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Titleor Type of Document Quitclaim Deed-from City tohAviara Resort Number of Pages 3 Associat~a?$g+gd&'an~tne~~ 6s - PR 2.3.43 Signer(s) Other Than Named Above None 6 1991 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave. - P.O. Sax 7184. Canoga Park. CA 91304-71 :... ,.” . .- . I : . . . .’ - . c . . .’ : G .I -_ I. J. 2/11/92 (RCA) 05/09/1990 (JS) 300,ll;SV BLUREM 962 EXEIBIT "A" (PR 2.3.43) LEGAL DESCRIPTION QUITCLAIM OF RELINQUISHMENT OF ACCESS RIGHTS Being a portion of abutter's rights of access as relinquished and waived in and to Alga Road from Lot 87 of City of Carlsbad Tract 85-35, Phase I Unit B, in the City of Car&bad, County of San Diego, State of California, according to map thereof No. 12410, filed in the office of the County Recorder of said County, June 29, 1989, file no. 89-345851 being more particularly described as follows: Beginning at the most Northerly corner of said lot 87 said corner being on the southerly right of way of Alga Road as shown on said Map No. 12410; thence along said southerly right of way line, South 59'47'0011 East, 104.84 feet to the TRUE POINT OF BEGINNING; thence continuing along said southerly right of way line South 59'47'0011 East, 42.35 feet to the POINT OF TERMINUS. Prepared By: R.C.E. 27512 Registration Expires: 03/30/93 -I- 963 r --- --- -- l I EX’WMI T “B ‘I-- -. .* - . CITY 0 TRAC PHASE MAP LOT 230 NO. 12412 I LOT 89 CITY OF CARLSB TRACT 85-35 PHASE I - UNIT MAP NO. 12410 SCALE: 1 “=I00 ’ ‘A,, e I\ $r /* 9 0- & AD ” B ” f&u r*~loglo., 101 lkrt l Am8tr#i kltem e Df~~~JlfW& WOl ?ROJECT NAME: CT 85-35 AVIARA PHASE I, UNIT 8, LOT 871PROJECT NO] EXHIBIT QUITCLAIM OF RELINQUISHMENT OF ACCESS IPiR 2.3.431 “B” f300, 111 BLUREM**5/9/90 r 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. 93-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A QUiTClAIM DEED OF EASEMENTTO REINSTATE A PORTION OF THE RELINQUISHED ABUTTER’S ACCESS RIGHTS OF LOT 87 OF CARLSBAD TRACT NO. 85-35 UNIT 8, AVIARA PHASE I, TO ALGA ROAD; WHEREAS, the abutter’s access rights of Lot 87 of Carlsbad Tract No. 85-35 Unit 6, Aviara Phase I, to Alga Road was relinquished per Map Number 12410, filed in the office of the County Recorder of San Diego County; and WHEREAS, Aviara Resort Associates Limited Partnership, the owner of said lot, has submitted a request for quitclaiming by the City of a portion of said relinquished abutter’s rights of access to Alga Road; and WHEREAS, quitclaiming of a portion of said relinquished abutter’s rights of access is necessary to provide access to Blue Heron Place, a private street serving a hotel site within said lot; and. WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim said relinquished abutter’s access rights to Alga Road. 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 City Council of the City of Carlsbad quitclaims said relinquished abutter’s access rights of Lot 87 of Carlsbad Tract No 85-35 Unit B, Aviara Phase I, to Alga Road and authorizes the Mayor to execute a Quitclaim Deed to that effect. l/i /I/ ill Ill . c . c c 1 2 3 4 5 6 7 & 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 965 * * 3. That the City Clerk is hereby authorized to release the quitclaim deed to Stewart I Title Company of San Diego for recoiding in the office of the County Recorder of San Diego i County, State of California PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 1 held on the 20th day of APRIL , 1993 by the following vote, to wit: I , AYES: Council Members Lewis, Stanton, Kulchin I NOES: None 1 ABSENT: 1 ATTEST: I GHA L. RAUTENKRANZ, City Clerk I (SEAL) I