HomeMy WebLinkAbout2003-01-21; City Council; 17046; Quitclaim Drainage Easement Aviara Parkway4B# 17,046
VITG. 1/21/2003
IEPT. ENG I CITY OF CARLSBAD -AGENDA BILL
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TITLE:
APPROVE THE QUITCLAIM OF EXISTING DRAINAGE
EASEMENT ALONG AVIARA PARKWAY SOUTH OF
PALOMAR AIRPORT ROAD I DEPT. HD.
CITY ATTY.
CITY MGR. 32
RECOMMENDED ACTION:
Adopt Resolution No. 2003-019 quitclaiming the existing drainage easement along Aviara
Parkway south of Palomar Airport Road.
ITEM EXPLANATION:
On December 9, 1998, the City was granted a drainage easement pursuant to a Final Order of
Condemnation issued by stipulated judgments per document No. 1998-0798577 (see Exhibit 2).
This order stipulates that the drainage easement be quitclaimed by the City, at no expense to the
owner, once improvements to Aviara Parkway have been completed. The improvements for Aviara
Parkway were completed May 1, 2001 pursuant to drawing 345-9.
The owner has requested the City quitclaim this easement. Staff recommends the City Council
quitclaim the existing drainage easement.
FISCAL IMPACT:
Typically, the property owner is required to submit fees in accordance with the latest schedule of
fees. These fees cover City staff time for quitclaims. Due to the stipulated judgments, this quitclaim
has been processed at no cost to the owner.
EXHIBITS:
1. Location Map.
2. Copy of Exhibit A of Stipulation for Judgment for condemnation of Aviara Parkway.
3. Resolution No. 2003-019 approving the quitclaim of existing drainage easement along
Aviara Parkway south of Palomar Airport Road.
4. Quitclaim Deed for drainage easement along Aviara Parkway south of Palomar Airport Road.
I LOCATION MAP
KELLY
PROJECT NAUF
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QUITCLAIM OF DRAINAGE EASEMENT I
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RESOLUTION NO. 2003-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM OF
EXISTING DRAINAGE EASEMENT ALONG AVIARA PARKWAY
SOUTH OF PALOMAR AIRPORT ROAD.
WHEREAS, existing drainage easement along Aviara Parkway south of Palomar Airport
Road, was granted to the City of Carlsbad via a Final Order of Condemnation issued on
3ecember 9, 1998, per document No. 1998-0798577 for the purposes of constructing
mprovements to Aviara Parkway; and
WHEREAS, the Final Order of Condemnation stipulates the drainage easement must be
quitclaimed once improvements to Aviara Parkway are completed; and
WHEREAS, the City Engineer agrees that improvements to Aviara Parkway were
:ompleted in May 1, 2001 ; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
nterest to quitclaim said easement; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
:alifornia, as follows:
1. That the above recitations are true and correct.
2. That the Quitclaim Deed releasing interest to the existing drainage easement along
4viara Parkway south of Palomar Airport Road, which is on file with the City Clerk and is
ncorporated by this reference; is approved.
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3. That the Mayor is authorized to execute the Quitclaim Deed and the City Clerk is
hereby authorized to cause the original Quitclaim Deed 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
17eld on the a day of January , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard-
NOES: No& /‘I
4TTEST #
&*777-14
WOOD, City Clerk (SEAL)
Page 2 of 2 of Resolution No. 2003-019