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Home My WebLink About1994-10-25; City Council; 12917; Aviara Planning Area 24 Unit 4f --TY OF CARLSBAD - AG’ ‘IDA BILL I AB # 12; 9/ 7 TITLE: ~ QUITCLAIM OF EXISTING DRAINAGE EASEMENTS MTG 10-25-94 . LOCATED IN AVIAFIA PLANNING AREA 24, UNIT 4, CT 90-154 DEPT. ENG APN: 215642-01,11,12,17,33 AND 34 PR 3.7.68 I DEPT-. iii.; CITY ATTJi CITY MGl3.i RECOMMENDED ACTION: Adopt Resolution No. 94-30Z approving a quitclaim for drainage easements across portions of lots 89, 99, 100, 105, 121 and 122 of Aviara Planning Area 24, Unit No. 4, CT 90-15-4 according to Map No. 12972. ITEM EXPLANATION: This is a request by Hillman Properties to quitclaim the City’s interest in portions of the drainage easements located in Aviara Planning Area 24, Unit No. 4. The drainage easements were originally dedicated on the final map. Subsequent construction changes to the plans for this project have rerouted some of the storm drain lines into the public streets. These storm drain lines had run along the sides of some of the residential lots. In one case a storm drain was redesigned to be much less deep in the ground, thereby allowing the overlying easement to be reduced in width. The above easements are no longer necessary and staff recommends that Council approve the quitclaim requested by Hillman Properties. FISCAL IMPACT None EXHIBITS: 1. Location map 2. Quitclaim Deed 3. Resolution No. ?f-%# approving a quitclaim for drainage easements. ..” 1 LOCATION NOT TO SCALE SIT PROJECT NAME AVIARA PA 24, CT 90-15-4 PROJECT EXHIBIT QUITCLAIM OF 3 STORM DRAIN EASEMENTS pNRu3M78Egi8 1 . . 4W BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. - 1 AND WHEN RECORDED MAIL TO NA I-- 1 Greystone Homes 495 East Rincon, Suite 115 Street Address Corona, CA 91719 City & State I --I MAIL TAX STATEMENTS TO r 1 Name Greystone Homes Street Address 495 East Rincon, Suite 115 City & Corona, CA 91719 State L-- I -Computed on the consideration of value of property conveyed; OR -Computed on the consideration of value less liens or encumbrance remaining at time of sale. QUITCLAIM DEED PR 3.7.68 APN 215-642-01. 11. 12. 17, 33, & 34 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 Greystone Homes, Inc., a Delaware Corporation the following described real property in the City of Carl&ad, County of San Diego, State of California, described as: See Exhibit “A” consisting of two (2) pages attached hereto and made a part of hereof. Exhibit “B” consisting of four (4) sheets is attached hereto for clarity only. DATED STATE OF CALIFORNIA ) 1 COUNTY OF SAN DIEGO ) Oil before me, (here insert name and title of the officer), personally appeared , pmmxilly known to me (or 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(k), 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. Signi3turc MAIL THIS STATEMENT AS DIREnED ABOVE I-- 08/04/94 (DWA) 310,3;SV QC105 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 BEING A PORTION OF AN EXISTING DRAINAGE AND ACCESS EASEMENT IN FAVOR OF THE CITY OF CARLSBAD IN LOT 105 OF CITY OF CARLSBAD TRACT NO. 90-15 AVIARA'PLANNING AREA 24 - UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17, 1992, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 105 OF SAID MAP NO, 12972; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 105, SOUTH 77'19'28" EAST, 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 105, NORTH 12"40'32" EAST, 180.59 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 105; THENCE ALONG SAID NORTHERLY LINE, SOUTH 86'58'35" EAST, 87.23 FEET TO THE NORTHEAST CORNER OF SAID LOT 105; THENCE ALONG THE EASTERLY SIDELINE OF SAID EXISTING DRAINAGE AND ACCESS EASEMENT AS SHOWN AND DEDICATED ON SAID MAP NO. 12972 THE FOLLOWING: SOUTH 50"47'53" WEST, 97.19 FEET; THENCE SOUTH 12'40'32" WEST, 118.75 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 105; THENCE ALONG SAID SOUTHERLY LINE NORTH 77'19'28" WEST, 26.00 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL CONTAINS 0.1547 ACRE OF LAND MORE OR LESS. PARCEL 2 BEING ALL OF AN EXISTING DRAINAGE EASEMENT AS SHOWN AND DEDICATED TO THE CITY OF CARLSBAD OVER THE SOUTHERLY 10.00 FEET OF LOT 121 AND THE NORTHERLY 10.00 FEET OF LOT 122 OF CITY OF CARLSBAD TRACT NO. 90-15 AVIARA PLANNING AREA 24 - UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17, 1992. SHEET 1 OF 2 SHEETS 1- 08/04/94 (DWA) 310,3;SV QC105 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 3 . BEING ALL OF AN EXISTING DRAINAGE EASEMENT AS SHOWN AND DEDICATED TO THE CITY OF CARLSBAD OVER THE EASTERLY 8.00 FEET OF LOT 99 THE WESTERLY 12.00 FEET OF LOT 100 AND OVER THE EASTERLY PORTION OF .LOT .89 OF CITY-OF CARLSBAD TRACT NO. 90-15 AVIARA PLANNING AREA 24 - UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17. 1992. PREPARED BY: XPIRES: 06-30-1997 SHEET 2 OF 2 SHEETS EXfflB’ T “B ” iGAL DEScRIp77ON: SHEET ? OF 4 WETS .f-- E7 m ~X/.S77NG DRAINAGE EASEMENT 0 KR ‘A POR77ON OF LOTS 89,99,700,105, 121 AND 122 OF MAP NO. 72972 BASYS OF BEAR!‘GS POR77ON OF 7HE NOR7HERL Y BOUNDARY LINE OF MAP NO. 12972 i. e. NOf?TH 86 ‘58’3.5” MST AR/K: 215-642-01.1 I, 12,17,33 & 34 VAtmA .,F 0’ 200’ m’ \ rnAmtfC SmLC 1 --mtY ‘9 19 LEGEND: P RCZ is750 tx- 7fL 07 INDICA JZS EXIS77NG DRAINAGE EASEMEN J JO 7?fE CfTY OF CARLSBAD QUITCLA/MED HEREON n Y P&l2 TCWVOL 3CfES p. 0. c = POINT OF COMMENCMENT 401 WST -A- smm; svtrir 2500 SAN OEGO, CWJFOUNIA 62107 lELE: (619) 232-4466 x$” o.@.= JRUE PO/NT Of BEGlNN~.G PROJECT NAME‘ PROJECT NO. EXHIBIT b DRAINAGE & ACCESS EASEMENT QWTCLAllt? ~~~3.7.68 B - 1 EXHIBIT “B” - WEE-T 2 OF 4 \ CITY OF CARLSBAD DED/CA ED PER - MAP NO. 12972. IFA ALGA ROAD DEDJCA 7ED PER DEED RECORDED c ILLfA -j ROAD JU..E 29, 1989 AS-E NO. 89-345763 0.R El 2iiD Pa0 mNaocJEs 401 MDT -A- STREEL SUITE 2500 -tu4 ‘INDICA 7EiS EXISTING DRAINAGE EASEMENT SAN OIEGQ CLUtFmNlA 92101 JO THE C/N OF CARLSBAD QUTCLAIMED ?iClE: (619) 2J2-4466 HFRFOIV PROJECT NAME PROJECT NO. DRAINAGE & ACCESS EASEMENT QUUiiLAI’ I I I I I I I I I I I I I I I I -8 s I- I a&J I :? I % ;L I 2 R a c I I SW COR. LOT 105 4 60.00’ I 60.00’ N7779’28”W 226.14’ + EXHIBIT “B” -’ SEET 3 OF 4 w=-= INDICA 7ES POR ?7ON OF EXIST7NG DRAINAGE AND ACCESS EASEMENT TO THf ClTY OF CARL3 ;BAD QUITCLAIMED HEREON. F) /I Iti! 0.07 . 93 -4 N7719 ‘28”W 226.14’ $3 01 0 I iq. x 1 P %I I Tbnb 131.25’ - -1 ‘9 AI fn1 rlbl I ,rnnAmr d nc l,l//7/ t w _-- _- -- _-- --. .--WI P&D 7FcwM0LoG;rEs 4Of BEST -A- STRETI; SUITiF 2500 SAN OtEGO. CAUFORNI A 92107 7EL.E (619) 232-4466 PROJEC J NAME 1 PROJECT NO. 1 ExH/BI J P DRAINAGE & ACCESS EASEMENf QUITCLAIM IpR.3.7.68 1 B d SWEET 4 OF 4 SHEE7S 0’ ro’ no’ I\6 -2 I-> / f 2 \ \ \ / Y JJ ,c ,c \ Jl r- %. a- \ G / 2Go$ / 42 \“- /- / / / rrl -, / Pew 7EtHw0LoaEs 401 nEsi -A- SlREET SAN DIECO. CXUFORNIA mE: (tW9) 232-4466 #y<(@/ LEGEND ’ JNDICA 7ES EX/S77NG DRAMA TO 7HE C/N OF CARLSBAD HEREOAf GE EASEMZlVT ) QUITCLAIMED PROJECT NAME PROJECT NO, EXHJIBIT q DRAINAGE & ACCESS EASEMENT QU..TCLAlM PR3.Z68 6 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 20 EXHIBIT 3 / RESOLUTION NO. 94-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM FOR DRAINAGE EASEMENTS IN AVIARA PA 24. UNIT 4. CT 90-15-4 WHEREAS, Hillman Properties have submitted a request for quitclaim of some of the drainage easements within Aviara Planning Area 24, Unit No. 4 (CT 90-15-4); and WHEREAS, said drainage easements are not currently needed nor are they contemplated to be needed for the purpose for which they were dedicated; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim a portion of said 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 Quitclaim Deed conveying drainage easements over portions of APN’s 215 642-01, 215642-l 1, 215642-l 2, 215642-l 7, 215-642-33 and 215-642-34 to Greystone Homes, Inc., A Delaware Corporation, which is on file with the Ctty 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 the 25th day of OCTOBER , 1994 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Nygaard, and Finnila NOES: None ABSENT: Council Member Kulchin Al-l-EST: ALETHA L RAUTENKRANZ, City Clerk ww