HomeMy WebLinkAbout1997-03-18; City Council; Resolution 97-102w 0
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RESOLUTION NO. 97-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM DEED FOR A
PORTION OF AN EXISTING OPEN SPACE EASEMENT, AVIARA
PLANNING AREA 15. CT 94-03. PR 3.7.81
WHEREAS, Olympus/SCH Housing No. 2, L.L.C., a Delaware Limited L
Company, have submitted a Final Map known as Carlsbad Tract No. 94-03 to the C
Carlsbad for approval; and
WHEREAS, the Tentative Map of Carlsbad Tract No. 94-03 with conditions
approved by the Planning Commission on December 21, 1994, pursuant to Resolution NL
3735; and
WHEREAS, the City Engineer has determined that said map substantially confor
said conditionally approved tentative map if a portion of an existing open space easem
quitclaimed; and
WHEREAS, the developer has submitted the Quitclaim Deed to the City of Carl
and the applicant is requesting that this portion be quitclaimed since an area of equal or gt
quality habitat is being dedicated; and
WHEREAS, the City Council of the City of Carlsbad determined it to be in the I
interest to approve said Quitclaim Deed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl
California, as follows:
1. That the above recitations are true and correct.
2. That said Quitclaim Deed attached hereon is approved.
3. That the City Clerk is authorized to cause the original of the Quitclaim Deed ~
recorded in the Office of the County Recorder of San Diego County, State of California.
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4. That the City Clerk is authorized to release the Quitclaim Deed to First Ami
Title Insurance Company for recording in the Office of the County Recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac
Council held on the 18th day of MARCH , 1997 by the following vote, to
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, city c3
~
(SEAL)
I
‘’ L‘ RECORDING REQUESTED BY w e
AND WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
MAIL TAX STATEMENTS TO:
EXEMPT
SPACE ABOVE THIS LINE FOR RECORDER
The undersigned grantor(s) declare(s):
Documentary transfer tax is $o.oO Assessor’s Parcel No. 215-612-22
( ) computed on full value of property conveyed, or Project No. & Name: PR 3.7.81 ( ) computed on full value less value of liens and CT 94-03 AVIARA PLANNING AREA 15
( ) Unincorporated area: (x) City of Carlsbad, and
encumbrances remaining at time of sale
CORPORATION QUITCLAIM DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of Carlsbad, a Municipal Corporation
organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to:
Olympus/SCH Housing No. 2, L.L.C., a Delaware Limited Liability Company,
the following described real property in the City of Carlsbad, County of San Diego, State of California:
an open space easement as described ih Exhibit “A consisting of one (1) page, attached hereto and
made a part hereof. Exhibit “B” consisting of one (1) page is attached for clarity only.
DATED March 20, 1997
(Mayor) Presid
By:
(City Clerk)
N:\MASTERS\FORMS\CORQUlES FRM Rev. 6/19/95
. ,.
I' ,'C ;' w 0
EXHIBIT "A"
LEGAL DESCRIPTION
OPEN SPACE EASEMENT VACATlON
BEING A PORTION OF PARCEL 5 OF PARCEL MAP NO. 16451, IN THE CITY 0
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MA
THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON APRI:
15, 1991, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 5, SAID POIN
ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY OF THE REMAINDER PORTION 01
BLACKRAIL COURT AS DEDICATED PER MAP NO. 12412, IN THE CITY OF CARLSBAD
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNT'
RECORDER ON JUNE 29, 1989, A PORTION OF WHICH WAS VACATED PER SAID MAP NC
16451, SAID POINT ALSO BEING ON A 50.00 FOOT RADIUS CURVE CONCAVl
NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 5943'41'' EAST (NORTI
59'43'12" EAST PER PARCEL MAP NO. 16451); THENCE FOLLOWING SAID RIGHT-OF-WA'
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 01
41'16'49" A DISTANCE OF 36.02 FEET; THENCE LEAVING SAID RIGHT-OF-WAY SOUn
7291'26" WEST 31.77 FEET TO A POINT ON A NON-TANGENT 41.00 FOOT RADIUS CURVI
CONCAVE NORTHERLY, A RADIAL LINE TO SAID CURVE BEARS NORTH 49'18'48'' WEST
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 01
10734'38'' A DISTANCE OF 77.22 FEET; THENCE NORTH 3124'10" WEST 23.10 FEET TO I
POINT ON THE NORTHERLY LINE OF SAID PARCEL 5; THENCE EASTERLY ALONG SA11
NORTHERLY LINE NORTH 85'13'25" EAST (NORTH 85'12'56" EAST PER PARCEL MAP NO
16451) 81.32 FEET TO THE POINT OF BEGINNING.
R.t:E. 91245 EXP. 9/30/97
C.M.W.D. 94-507
I
t.
PARCEL 6 P.M.
-%+e rlUI I Y
\e LEGEND
u -1 1.
'\
\>A
16451 \ "/
E:::z.::T IWlCATES GfEN SPA
1:.:.:.:.:.:.:.:.:.:.:-.:-.1:.., (0 . 07 I ACREjS)
\:~:..:::..:..;.'.': . . . ._..._......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 EAsuvzR\TT VACATION q /& ( 1 INDICATES RECORD INFORMATION PER PA % MAP NO. 16451
P.O.B. (MOST N'LY Corn OF PARCEL 5 P.M. I645 1)
_"" N5 8'3 5'50z(RR
A- 107'54'38'
R-41 .OD
L-77.22' '.
PARCEL 5 / ?ARCEL 4
/ PARCEL MAP NO. 16451
GRAPHIC SCALE
80 11
(IN=)
1 inch = 40 ft PR 3.7.81
FOR PRopOsED CIM OF TRACT 94 -03, AVIARA AREA 15)