HomeMy WebLinkAbout1973-02-20; City Council; Resolution 30691
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RESOLUTION NO, 3069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A QUITCLAIM DEED FROM FIRST AMERICAN TITLE INSURANCE COMPANY FOR CERTAIN PROPERTY LOCATED IN THE CITY OF OCEANSIDE, CALIFORNIA AND AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED RELINQUISHING CERTAIN RIGHTS TO SAID COMPANY ON PROPERTY IMMEDIATELY ADJACENT THERETO. -yI- LIWY
WHEREAS, in March of 1964 the City of Carlsbad entered into
an agreement with several parties including First American Title
Insurance Company. Said agreement is on file in the Clerk's
office and is incorporated by reference hrein; and
WHEREAS, pursuant to a part of said agreement the City is
obligated under certain conditions to relinquish general surface
water rights on a 13.22-acre parcel of land located south of
Highway 76 and east of Foussat Road in the City of Oceanside, and
more particularly described in Exh bit "E" of said agreement; and
WHEREAS, First American Title Insurance Company is ob1 i gated
by said agreement to deed to the C ty clear title to a 2.75-acre
parcel which is a part of the larger parcel described herein;
and,
WHEREAS, the conditions upon which the transfer of rights for
land depends do not now appear to be material and both the City
and First American Title Insurance Company desire to modify said
agreement by waiving said conditions; and
WHEREAS, the City retains all rights to draw on the ground
water aquifer of the subject larger parcel and First American
Title Insurance Company will not acquire any water rights therein;
and.
WHEREAS, it is in the best interests of the City to complete
the transfer by effectuating said agreement at this time;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, as follows:
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1. The City of Carlsbad hereby accepts a Corporation Quit-
claim Deed from First American Title Insurance Company dated
December 5, 1972 conveying title in a 2.75-acre parcel of land
described as Parcel 4 of Exhibit "E" to the Agreement between the
parties of March 1964.
2. The City accepts the offer of First American Title
Insurance Company to furnish at no cost to the City a Policy of
Title Insurance on the subject property.
3. The City agrees to modify said agreement to waive the
requirement that the owners of subject property file a subdivisio
map for the subject property before the exchange takes place.
4. The Mayor is hereby authorized to execute on behalf of
the City a quitclaim deed in favor of First American Title Insur-
ance Company relinquishing certain general water rights to a
13.22-acre parcel of land described as Parcel 3 of Exhibit ''E" to
said agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California held on February
20, 1973, by the following vote, to wit:
AYES : Councilmen Dunne, McComas, Lewis, Chase and Frazee.
NOES: None.
ABSENT: None.
City of Carlsbad, California
ATTEST :
(SEAL)