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HomeMy WebLinkAbout1995-06-06; City Council; 13156; Quitclaim Drainage Easement Carlsbad RanchCD=” OF CARLSBAD - AGEWA BILL QUITClAIM OF A DRAINAGE EASEMENT LOCATED AT SOUTHWESTERLY CORNER OF PASEO DEL NORTE AND CAR COUNTRY DRIVE WITHIN CARLSBAD RANCH PROPERTY (CT Q2-07), PR 3.7.68 I RECOMMENDED ACTION: Adopt Resolution No. 9 5 r /3Y approving a quitclaim for drainage easement located at southwesterly comer of Paseo del Norte and Car Country Drive on a portion of Lot 3, Map No. 13078 (CT 92-07). ITEM EXPLANATION: Carl&ad Ranch Company, owners of Carfsbad Ranch property, have requested the Cii quitclaim a drainage easement located on a portion of Lot 3, Map No. 13078, CT 92-07. The original drainage easement was recorded July 7, 1988 as File No. 88-329739. A detention basin was placed in drainage easement to detain runoff water from agricultural fields to the east of Paseo del Norte. The basin was intended to be temporary. The downstream drainage system runs under the railroad tracks into Cannon Lake. This drainage system required upsizing in addition to widening and maintenance of the downstream channel. Carlsbad Ranch Company has buitt the downstream improvements and they have been accepted by City. Since detention basin is no longer required, the City can quitclaim drainage easement. The above easement is no longer necessary and staff recommends that City Council approve quitclaim requested by Carlsbad Ranch Company. FISCAL IMPACT: None. MHIBITS: 1. Location map. 2. Resolution No. c7s0/3Y approving a quitclaim for drainage easement located at the southwesterly comer of Paseo del Norte and Car Country Drive on a portion of Lot 3, Map No. 13078 (CT 92-07). 3. Quitclaim Deed. , LOCATION MAP PROJECT NAME PROJECT EXHIBIT QUITCLAIM OF DRAINAGE EASEMENT NUMBER CT 92-07 PR3.7.66 1 AW By: SCOTT EVANS, CARLSBAO ENGINEERING DEPT. 2 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 Exhibit 2 RESOLUTION NO. 9 5 - 13 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, APPROVlNG A QUITClAIM OF A TEMPORARY DRAINAGE EASEMENT OVER A PORTION OF LOT 3, MAP NO. 13078 (CT 92-07), PR 3.7.68 WHEREAS, the Carlsbad Ranch Company has submitted a request for quitclaim of a drainage easement over a portion of Lot 3, Map No. 13078 (CT 92-07); and WHEREAS, the detention basin located within the easement is no longer necessary because downstream improvements to the storm drain system have been completed; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim 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 a drainage easement over a portion of Lot 3, Map No. 13078 (CT 92-07), to the Carlsbad Ranch Company, which is on file with the City Clerk and is incorporated herein by reference, is approved. //I //I I// //I /I/ //I Ill /Ii /I/ /iI //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 i7 28 3. That the Mayor is authorized to execute the deed and the City Clerk is hereby authorized to release the original Quitclaim Deed to the Carlsbad Ranch Company 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 6th day of JUNE , 1995 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: I Exhibit 3 AND WHEN RECORDED MAIL TO A Name I [NAME OF COMPANY HER$ Street Address City & State I I MAIL TAX STATEMENTS TO I 1 Name [NAME OF COMPANY HERE] Street Address City & State -Computed on the consideration of value of property conveyed; OR I I -Computed on the consideration of value less liens or encumbrance remaining at time of sale. CORPORATION QUITClAIM DEED PR 3.7.66 OF EASEMENT APN 211-022-03 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carisbad, A Municipal Corporation organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to Carl&d Ranch Company, L.P,, a California Limit&l Parmemhip the following described real property in the City of Carl&ad, Couty of San Diego, State of California: a drainage easement as described in Exhibit “A” consisting of one (1) page, attached hereto and made a part hereof. Exhibit “B” consisting of cme (1) page is attached for clarity only. DATED 6/7/95 CITY OF CARLSBAD A CLAUDE A. LEWIS, Mayor ALETHA L. RAUTENKRANZ; City Cl&k MAIL THIS STATEMENT AS DIRECTED ABOVE *-; BEING A PORTION SAN DI EGO, STATE 89 -;yW; Easement Vacation (28) Page 1 of 1 EXHIBIT A LEGAL DESCRIPTION VACATION OF DETENTION BASIN EASEMENT OF LOT 3 OF CARLSBAD RANCH, IN THE CITY OF CARLSBAD, COUNTY OF OF CALIFORNIA, ACCORDING TO MAP NUMBER 13078 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 28, 1993; AND ALSO BEING THAT TEMPORARY DRAINAGE EASEMENT IN FAVOR OF THE CITY OF CARLSBAD RECORDED JULY 7, 1988 AS FILE NUMBER 88-329739 OF OFFICIAL RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: , DETENTION BASIN EASEMENT VACATED: BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 30, 1972; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT 9. SOUTH 22" 29' 22" EAST, 72.00 FEET TO THE TRUE POINT OF BEGINNING: THENCE NOR-D-i 67" 30' 37" EAST, 58.12 FEET; THENCE SOUTH 22" 29' 23" EAST, 300.00 FEET: THENCE SOUTH 67" 30' 37" WEST, 360.48 FEET TO THE NORTHEASTERLY SIDELINE OF PASEO DEL NORTE AS SHOWN ON CARLSBAD DRAWING NO. 246-8; THENCE ALONG SAID SIDELINE NORTH 22" 29' 10" WEST, (RECORD NORTH 22" 28' 06" WEST) 275.00 FEET; THENCE LEAVING SAID SIDELINE NORTH 67" 30' 50" EAST, 5.21 FEET TO THE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY A RADIAL TO SAID POINT BEARS SOUTH 67" 30' 50" WEST: THENCE NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE 39.27 FEET THROUGH A CENTRAL ANGLE OF 89" 59' 47"; THENCE NORTH 67" 30' 37" EAST, 272.14 FEET TO THE TRUE POINT OF BEGINNING. ' AREA = 107.878.1 SF (2.476 AC) 6 A.P.N. 2\ \ - 022-03 /KI N67~3Pi5mz hku0w34'E)R) ‘0: jfQo’Q3” 1) =89”53 ’ 7” 42--L Y I?= 25.m ’ NZ2 O?Y ‘/O”li/ 2 75.m L= 39.27 /Nz2’29Z*‘W) f9slw #EL NOETE DRffINAL B AS/S dFBEHRh%S: R f=b’K Ifb’N d/r 7-h% L-F/V ri%?L /ME 8F CAR iYU/VT;QY UKIVE, AS SHDWM ON MW NO, 12242. /E NtZ’7030’37”E (BEAt?IflG~ Et? MA? tfl?8) FY?. 13.7.6kj EXHlHijr ‘6’ Z EASfMENT- VACATION PLRT I 1’ I - -s-e h?.L. PlawEcrMGR:.~ JosiM:89-lDIr; CONSULTA m,hmdo hanas civilkIo.gmeai~ arftbd-~ 7 .- STATE OF CALIFORNIA ) 1 COUNT? OF SAN DIEGO ) On June 14, 1995 , before me, Karen R. Kundtz, Assistant ,, City Clerk, personally appeared Claude A. Lewis, Mayor and Aletha L. Rautenkranz, City Clerk ----------------- , personally known to me top-w ~lrte-off-~e-bafOf-eF-sa~is~a~~~e) to be the person(s) whose name(s) -i-s/are subscribed to the within instrument and acknowledged to me that ke,Me/they executed the same in kCsfher/their authorized capacity(ies), and that by bisfber/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 (SEAL) June 14, I995 Attention: Monica Browning Carlsbad Ranch Company Re: Quitclaim of Drainage Easement The Carlsbad City Council, at its meeting of June 6, 1995, adopted Resolution No. 95-134, guitclaiming a drainage easement located at the southwesterly corner of Paseo de1 Norte and Car Country Drive. Enclosed is the original Quitclaim Deed so that you can have it recorded with the San Diego County Recorder. KRK:ijp Enclosure NAME OF PERSON ACCEPTING QUITCLAIM Kzc&FL?. ' / PRINT NAME - CRRIMJ / 1200 Carlsbad Village’ Drive l Carlsbad, California 92008-l 986 - (619) 434-2808 @