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HomeMy WebLinkAbout1974-05-07; City Council; Resolution 3419b 1 < L * 4 F c r 1 E < 1( 11 1; 12 14 1t 1E 17 1E 1s 2c 21 22 22 24 25 26 27 28 29 30 31 32 0 I( RESOLUTION NO. 341 9 A RESOLUTION OF THE CITY COUNC OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUITCLAIM DEED INVOLVING A STORM DRAIN EASEMENT NO LONGER REQUIRED BY THE CITY - WHEREAS, a storm drain easement exists in the City of Carlsbac 10 feet in width, described in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, this storm drain easement is no longer required by the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the Mayor and City Clerk are hereby authorized ,o execute a quitclaim deed in the form shown on Exhibit "A", in favor of La Costa Pacific Development Company. attached hereto and incorporated herein by reference, PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 7th day of May I 1974, by the following vote, to wit: AYES : Counci Frazee, Chase, PtcCo!nas and Lewis NOES : None ABSENT : None ATTEST: MARGXRET E. ADAMS, City Clerk By: NORA K. GARDINER, Deputy City Clerk ( SEAL) .. Cler-k,,.Soard of Directors Sari Ilicgo Counry Flood Coiiirol District 1600 Pacific iiighway Sail Diego, Califania 92 10 i SPACE ABOVE roil RECORDER'S USE ONLY For and in consideiation of ...... .......: ............... .............................. Dollar .......... (S ...j.,f).O .................... ........) ................................... ..TH.?...cXn...liF. ..CAR.&%Wi?lP., . .3.. Htu n.t .GhW.S.. .C~...Pitr.R.r3.:7.tsD ...................................................... and other good and valuable considerations, the receipt wkerecf is hereby acknowiedged, the undersigned, ............................................................................................................................................................................................... hereinafter designated Grantor does hereby grant, bargain, sell, convey and release unto the San Diego County Flood Control Disrrict, Zone ................ f ............., herein designated Grantee. its succes'sors and assigns a perpetual easement and right of way upon, through, under, over, across, and along the herein described real property for the itistaliaticn, construction, maintenance. repair, replacement, reconstruction and in- spection of a drainage channel and all structures incidental thereto, and for the flowage of any waters in, upon, through, under, ovcr, across and along said charinel, together with the right to ingress and egress upon, through, under, over, across and along the herein described reai property. Grantee shall have a perpetual right to remove buildings, structures, trees, bushes undergrowth, and any other obstruction inter- fering with the use of said easement and right of way by the Grantee, its successors or assigns and in addition thereto, to remove soil 2nd other inateriais within sa.id right of way and to use the same in such manner and at such locations as said Grantee may deem propcr, needful or necessary in the construction, reconstruction and maintenance of said drainage channei or structws incidenia! thereto. To hatie and to hold said ease- ment and right of way unto itself and unto its successors and zssigns forever together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easement and right of way by this grant is situated in the Coilnfy of San Diego, State of California, and is pariiculariy described as foilows: Parcat 7fb-0478 A (4-8-74) 4 1 That portion of: Bot 272 of Carlsbad Tract 240. CV 72-20,'' In the City of Carlsbad, County ~f San Diego, State of Gafifornia, accorefFng to klap thereof No. 7779, f!l[ed In the Office of ths Recorder sf said CQUC~~, as dercriibed in deed to said City sf Carlsbad, recorded Oetcber 2G9 1973 in the Offlc5 of the Rzcop.de.r of said County, 3s File/Page NQ, 73-3029685, defcPfb8d as follows: 9 R.P.0. FORM 7 i . .- .I U -- i!-;e Graniee shall ha\.~ t!;c righr to feiice all or any portio;: of said easement herein cor:veyed within which ihxc is installcd or constructed a drZ.iilag,c channel 0;' incicien:al structcre. Thc Grantee, its SUCC~SSO~S and assigns, shall be responsib!e foi operating, maintaining. and keeping in good repair the above described vv*orks of' improvement, bul will not be heid responsibic for any damages incurred within the confines of said casement. excopt as caused by the act or omission of the Grantee. The Grantor, his successars aid sssigns. rcicrves the right to enclose in a macner approved by the Grantee, its successors md assigns, any portion of a drainage chaniiei provided such enclosure is constructed or in- stalied by a licensed contractor in accordance with p!aris and specificaLions approved by and to the satisfac- tion of the Craniee, its successors and assigns. In gra!?:ing its approval the Grantee, its successors arid assigns may impose reasonabte Conditioi1.s inc!uding, but not iimited to, the'i Filing by the contiactor or Grantor of an adequate performance bond to guzrantee completion of the work. There is reserved to the Grantor. his heirs and assigns, the right and privilege to use' the above described !and of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and erijoyment by the Grantee, its successors and assigns, or" the rights and privikges herein granted. IN WITNESS WHEREOF, the Grantor has executed this instrument on this.&.h ..... day of ..... &Xjf ........., I!?..-&% CJ)' ........................................................................................... ................................................ .................................... ........................................................................................... ........................................... .i ....... i.. .................................... _, ... 4 !r . ~p,. * I .a J:~fi:I;l.,~ I I TO 449 C (Corporation) Initrumcnt on hehdf of t\;e corporation therein named, and acknow;edged to me that such corpi-ration executed the within instmrncnt pursuant to its hy-laws or R resolthn of its hoard of directors. VXE'IiESS ny hand and official sea?. -- Xame (I'ypd or Printed) (This :rea for oRcial notarial seal) pic in and €or d to the within s n Diego Coimty cepted on behalf of said Board I thorized officer. i 1 By ............................................................................................................ K. 3. Pflimlin, Director, Real PropeFty Division ............................................................ Date