HomeMy WebLinkAbout1995-03-21; City Council; 13063; QUITCLAIM OF A DRAINAGE EASEMENT OVER A PORTION OF PARCEL 2 OF MPA NO. 11284 PR 3.7.71a m 6 El; &
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Cliy OF CARLSBAD - AGEW BILL Si 6
AB ,# 13,063 TITLE: QUITCLAIM OF A DEI
MTG. 3/21/95 DRAINAGE EASEMENT OVER A PORTION OF CIT
e17 DEPT. +\ ENG PR 3.7.71
RECOMMENDED ACTION:
PARCEL 2 OF MAP NO. 11284
3.
Adopt Resolution No. 9 5 63
easement over a portion of Parcel 2 Map No. 11 284.
approving the quitclaim of a 20 foot wide
ITEM EXPLANATION:
The Carltas Company on behalf of the property owners, Paul and Magdale
Poinsettia Foundation and C. William Dealy Jr. and Ruth Dealy and Ray W. W
Barbara Winter, successor Trustee of the Paul Ecke Sr, trust dated September 8,
requested the quitclaim of a 20 foot wide drainage easement located over a p
Parcel 2 of Map No. 11 284. The original easement was recorded November 30,
document number 320457.
The original design of Paseo Del Norte was located to the west of its present loca.
original design included a drainage pipe under the freeway. During the approva
of the Pea Soup Anderson project, Paseo Del Norte was realigned to its present
During the realignment process the drainage channel was relocated to the nor
drainage pipe, All drainage was directed to the drainage channel and the draine
abandoned. The drainage easement was not quitclaimed when the piF
abandoned. Presently, the easement is not used nor are there any plans to USI
The Carltas Company is in the process of selling the property to a new owner i
requested this quitclaim to “clean up” the land for sale and future development.
The easement recorded in 1972 is no longer necessary and staff recommends tha
approve the quitclaim requested by the Carltas Company.
FISCAL IMPACT
None.
EXHIBITS:
1. Location Map.
2. Quitclaim Deed PR 3.7.71
3. Resolution No. 45- 63 approving the quitclaim of a 20 foot wide drainage e;
over a portion of Parcel 2 of Map No. 11284.
I
EASEMENT TO BE
QUITCLAIM OF STORM DRAIN EASEMENT
.. Exhibit 2
AND WHEN RECORDED MAIL TO
Name [NAME OF COMPANY HERE]
Street Address
City &
State
i-- 1
L 1
MAIL TAX STATEMENTS TO
r 1 Name
Street Address
City &
State
[NAME OF COMPANY HERE]
- Computed on the consideration of value of property c{ - Computed on the consideration of value less liens or e L --I
remaining at time of sale.
CORPORATION QUITCLAIM DEED PR 3.7.71
OF EASEMENT APN 211-021
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of Carlsbad, A Municipal Corporarim
organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim
PAUL AND MAGDALENA ECKE POINSETTIA FOUNDATION, AS TO AN UNDIVIDED 1/2
INTEREST AND C. WILLIAM DEALY JR. AND RUTH DEALY AND RAY W. WINTER AND
BARBARA WINTER, SUCCESSOR TRUSTEE OF THE PAUL ECKE, SR. TRUST DATED SEPTEMBER 8,1983, AS TO AN UNDIVIDED 1/2 INTEREST
the following described real property in the City of Ca~khad, County of San Diego, State of California: a STORM DRAIN EASEMENT as described in Exhibit "A" consisting of one (1) page, attached hereto and made
hereof. Exhibit "B consisting of one (1) page is attached for clarity only.
DATED March 27, 1995
Claude A. Lewis
Secreta BY Qm&L$ &
(City Clerk)
Aletha L. Rautenkranz
,e 0
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 1
On March 27, 1995 , before me, Karen R. Kundtz, Assi
City Clerk, personally appeared Claude A. Lewis, Mayor and Aletha L.
, personally known to me W-p
t~ine~-Mte~~~~f-sa~isfas~erjc-evideuse~ to be the person (s) whose na
ifjare subscribed to the within instrument and acknowledged to me
-befsbe/they executed the same in ktsfker/their authorized capacity( ies) , and
by kJsfkw/their signature(s) on the instrument the person(s), or the entity
behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal
Rautenkranz, City Clerk
P3i~rn-R 13 TZ, sistant City C erk City of Carlsba
(SEAL)
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0 0
2/23/95
EASEMENT QUITCLAIM
EXHIBIT “A”
LEGAL DESCRIPTION
QUITCLAIM OF STORM DRAIN EASEMENT
BEING PORTIONS OF LOT ‘W’ OF RANCHO AGUA HEDIONA, IN THE! CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP NUMBER 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF §AN
DIEGO COUNTY NOVEMBER 16,1896; AND ALSO BEING A PORTION OF THAT
20 FOOT WIDE STORM DRAIN EASEMENT DESCRIBED AS PARCEL NO. 3 IN
FAVOR OF THE CITY OF CARLSBAD, RECORDED NOVEMBER 30,1972 AS FILE
NUMBER 320457 OF OFFICIAL RECORDS AND BEING MORE PARTICULARLY
DESCRIBED IN THE FOLLOWING PARCEL:
PARCEL “A” (STORM DRAIN QUITCLAIM)
BEGINNING AT POINT “A”, AS DESIGNATED IN PARCEL 1 OF THE PUBLIC
ROAD, SEW% WATER AND UTILITY EASEMENT RECORDED NOVEMBER 30,
1972 AS FILE NUMBER 320457 OF OFFICIAL RECORDS; THENCE SOUTH 22’
29’ 22” EAST, 4.38 FEET TO THE BEGINNING OF A TANGENT 600.00 FOOT
RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 25” 59’ 22” AN ARC DISTANCE OF
272.16 FEET; THENCE, TANGENT TO SAID CURVE SOUTH 3’ 30’ 00” WEST,
296.12 FEET TO THE BEGINNMG OF A 600.00 FOOT RADIUS CURVE, CONCAVE
EASTERLY; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 30’ 18” 20” AN ARC DISTANCE OF 317.36 FEET TO THE
TRUE POINT OF BEGINNTNG OF THE CENTERLINE TO BE DESCRIBED:
THENCE FROM THE TRUE POINT OF BEGINNING ALONG SAID 20.00 FOOT
WIDE EASEMENT, SAID EASEMENT BEING 10.00 FEET ON BOTH SIDES OF
SAID CENTEKINE, SOUTH 63O 11’ 40” WEST A DISTANCE OF 53.00 FEET TO
THE EASTERLY LINE OF CAL,IFORNIA STATE HIGHWAY AS DESCRIBED IN
DEED TO THE STATE OF CALIFORNIA WECORDED JUNE 18, 1965 AS
DOCUMENT NUMBER 108756 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THOSE PORTIONS THEREOF THAT ARE WITHIN THE
8600 FOOT PUBLIC ROAD EASEMENT KNOWN AS PASEO DEL NORTE AS
GRANTED TO TI* CITY OF CARLSBAD PER DOCUMENT RECORDED
NOVEMBER 30,1972 AS FILE NUMBER 72-320457.
hL.43 3,
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SEE DETAIL "A"
POINT OF BEGINNING
POINT "A"
POINT OF BEGINNING
STORM DRAIN EASEMENT QUITCLAIM
---- PROPERTY LINE
EASEMENT QUITCLAIMED -
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Exhib e 0
RESOLUTION NO. 95 - 63
A RESOLUTION OF THE CITY COUNCIL OF THE CIlY OF CARLSBAD
CALIFORNIA, APPROVING THE QUITCLAIM OF A 20 FOOT WIDE
DRAINAGE EASEMENT OVER A PORTION OF PARCEL 2 MAP NO
1 1284. (PR 3.7.71 1
WHEREAS, the Carttas Company, on 0ehaif of the property owners, Paul anc
Ecke Poinsettia Foundation and C. William Dealy Jr. and Ruth Deaiy and Ray W.
Barbara Winter, successor Trustee of the Paul Ecke Sr., Trust dated September E
submitted a request for quitclaim of a portion of a 20 foot wide drainage easement o
of Parcel 2 of Map No. 11284; and
WHEREAS, said easement is no longer needed for the purpose for which it H
granted and is not now nor is it contemplated to be needed; and
WHEREAS, the Crty Council of the City of Carlsbad has determined it to be
interest to quitclaim said easement.
NOW THEREFORE, BE IT RESOLVED by the City Council of the Clty (
California, as follows:
1. That the above recitations are true and correct.
2. That the Quitclaim deed conveying a 20 foot wide drainage easement o
of Lot 2 map No. 1 1284 to Paul and Magdalena Ecke Poinsettia Foundation, C. Willi
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3. That the Mayor is authorized to execute the deed and the City Cler'
authorized to release the original Quitclaim Deed to the Carltas Company to be recc
office of the County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad i
held on the 21st day of MARCH , 1995 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L, RAUTENKRANZ, city Clerbs (SEAL)
1 j
- GQ,p+$q= SAy il ir "ij ~
Date March 28--
To Weply Wanted
From
~ ---_ __ _-File -.. -_ __ _- --_-__ __ _-__
UNO Reply Necessary IsaWle Pallls en - ____ ______________ - -~___ ____
Carltas Company representative:
.,7 p;, - +9 /--' Date of pickup: - 3- "@-- "3
Corporation Quitclaim Deed of Easement PR 3.7.71
APN 211-021-23
Council meeting of 3/21/95.
Resolution No. 95-63.
P