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Home My WebLink About1991/04/23 Item 17 COUNCIL AGENDA STATEMENT Item~ Meeting Date 4/23/91 ITEM TITLE: Resolution .14,llft1quitclaiming water service easement to owners of the property at 1250 Third Avenue and authorizing Mayor to sign deed SUBMITTED BY: Director of Public Work~ ~ REVIEWED BY: City Manager0~ (4/5 Vote: Yes_ No X) f,' j Prior to its annexation to the City, the property which is now Lauderbach Park obtained its water service off the water main located in Third A venue. This necessitated the granting of an easement through the property adjacent to the east. Since that time however, the water service has been relocated to the Oxford Street side of the property. The subject easement is no longer needed and may be quitclaimed back to the owners. RECOMMENDATION: That the Council adopt the subject resolution quitclaiming the water service easement and authorize the Mayor to sign the deed on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Mr. Amos Sanderson, a real estate consultant and acting in behalf of the owners of the property known as 1250 Third Avenue, recently submitted a written request to the City to have a water service easement quitclaimed to clear the title of the property. A research of our records reveals that prior to its annexation to the City, the property which is now Lauderbach Park was made up of two separate parcels. The southerly parcel evidently was land-locked and the previous owners had to obtain water service from Third Avenue. subsequent that, the County of San Diego obtained title to the southerly parcel and consolidated them to create the parksite. With the development, the County evidently opted to use only the water service from the Oxford Street side and the old service was abandoned. The County evidently never quitclaimed the easement, however, and a title search shows the easement still remains across the adjacent property to the east. In order to clear the title to that property, the owners would like the City to relinquish that easement. Parks Department staff has verified that the water facilities are no longer needed by us and will not be needed in the future. i 1-1. Page 2, Item 11 Meeting Date 4/23/91 The easement is not considered "public" since it is for a private water service, so vacating it is not necessary. Based on the findings contained herein, staff is recommending that Council abandon the easement and have the Mayor sign the quitclaim deed. We will then contact the owners' representative to have the deed recorded. FISCAL IMPACT: None. JH/PF-OOl t 1~l i IZ l -~ - oxr:ORD S ST. " ~ N?/-.,4'4D.C (C..'.'~.') N 7Z..~Z.' ...../0<01 -~ >30 ...... ~....., S' Z40.'. . "'.. - ", '. ~ -- II " l. ~ .. ,/ .. ".. . . i t ~ ~ . " J -;'\ 11Ce- I . . . ~} " " . . ! , . :~ @D : a ~~ .U ~; . ; ~ . ... . OJ . t~ . I ,.j ~0 ~ -. ii .. o.SIAC. , " . @ ." , ~ . ." . . . 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I~ @ 0:.-.:0 '- @' ~ : .: r-o., IlL 1-e"W ....., ~ . o ~ 1 : l~: ~ ' ,.~ ''''.~.-. 'ALl ; . J '.0 I .. l;! ..- II~-": ,...." .. .: . -- I & 7',.......w III <",-:#....-..7" .T'....w.. ta"" ... .T6.,,"~.-1 WID: ~ . PAL.OAIIA~ 5T. ~ I FILE NO. PF.OOI OWN BY: Tj{ aUITCLAIM/A/4 WATE~ SERVICE lEASEMEN T DATE: 4/lzj"i/.. AT IZ50 Tf//~O AVENUE .1.' . 13 RECORDING REQUlElITED BY ...... ........ .c_. "'/lIL TO I Bud Gestrl --, - C/O Amos A. Sanderson ...:.:::: 29B5 Valley Street c... Carlsbad, CA 9200B-1153 -L -.J aPACE A80VI: THIS UNI: I"OR RECORDER'. USI: .....11 l.un/l_ro I --, - - - c... -L Corporation Quitclaim Deed D.U s-=lb- THIS I"OIllIlilI"UIIlNISHI:D.Y Tina INSUIIlANcaAND TIIlUST CON~"'NY TO.oO"CA (...., FOR A VALUABLE CONSIDERATION, ...,.;pt Df wMeb is .....by ocbDWIecIpI, THE CITY OF CHULA VISTA, a municipal <<c:orporatiOlli o'lanized under the I... of the ute of CALIFORNIA b.",by REMISES, RELEASES AND QUITCLAIMS ID BUO GESTRI AND NORMA GESTRI, as co-trus tees of the Gestrl Family Trust, under declaration of trust dated August 22, 19B9 the following described real property in the Coonly Df SAN 01 EGO CITY OF CHULA VISTA ,State of California: '~._,,- This Document is being recorded for the sole purpose of relinquishing any and all interest in the following Easements: 1) An Easement recorded May 11, 1951 in Book 4095, Page lIB of Official Records. 2) An Easement recorded October 20, 1952 In Book 4629, Page 161 of Official Records. DESCRIPTION OF LAND IN EXHIBIT A, ATTACHED In Witness Whereof, &aid corp~_tation has caused ill corporate name and seal to be affixed herdo and this inltru- ment to be executed by ils.-.-MAYOR .....lti'llhl_ an" rnv rl ~I)r ~.." thereunto duty authorized. DaIO<!' CITY OF CHULA VISTA STATE OF CALIFORNIA } ss. By By MAYOR _"'" CITY CLERK ~~ COUNTY OF On before me. the WIder. allied, . NoW')' Public in and for Mid Stale, penonall, .ppeued known President, and known to IDe to be ~eW')' of the Corpoution tMt ellecuted the within In.trument. known ta me to be the penon. who e.ecuted the within Instrument on behalf of lhe Corparalion therein Damed, aDd acknowledged to me th.t .ueh Corporation elIeculed the within Inttn: menl punuant to it. by.la". or a reaolUtiOD af it. board or directon. to me to be lb. WITNESS my halld Ind official -.1. Signllllle Name (Typed or Printed) C'nlII,.,...'", -.! _1U'IIo!_1I Title Order No J;'.{'row or Loan No MAIL TAX STATEMENTS AS DIRECTED ABOVE 1. 1." EXHIBIT "A" ALL THAT PORTION OF LOT 7 IN QUARTER SECTION 142 OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 13, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 7; THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF 30 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT, 200 FEET; THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF SAID LOT, 87 FEET TO A POINT; THENCE EASTERLY 15 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND CONVEYED TO CASTLE PARK BAPTIST CHURCH BY DEED RECORDED FEBRUARY 4, 1954 IN BOOK 5131, PAGE 272 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID CASTLE PARK BAPTIST CHURCH'S LAND, 213 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 7; THENCE WESTERLY ALONG SAID NORTHERLY LINE, 145 FEET MORE OR LESS, TO THE NORTHEASTERLY CORNER OF LAND CONVEYED TO NICK PARIANOS AND WIFE, BY DEED RECORDED AUGUST 10, 1954 IN BOOK 3627, PAGE 392 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG THE BOUNDARY OF SAID PARIANOS LAND TO A CORNER THEREIN; THENCE WESTERLY ALONG SAID BOUNDARY 20 FEET; THENCE SOUTHERLY ALONG SAID BOUNDARY 100 FEET TO THE SOUTHERLY LINE OF SAID LOT 7; THENCE EASTERLY ALONG SAID SOUTHERLY LINE, 350 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. 30-58000-30 11-5 RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA QUITCLAIMING WATER SERVICE EASEMENT TO OWNERS OF THE PROPERTY AT 1250 THIRD AVENUE AND AUTHORIZING MAYOR TO SIGN DEED The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Mr. Amos Sanderson, acting on behalf of the owners of the property known at 1250 Third Avenue, submitted a written request to the city to have a water service easement quitclaimed to clear the title of the property; and WHEREAS, in order to clear the ti tIe to the property, the owners would like the City to relinquish that easement; and WHEREAS, Parks Department staff has verified that the water facilities are no longer needed by the City and will not be needed in the future; and WHEREAS, the easement it is for a private water necessary; and is not service, considered "public" since so vacating it is not WHEREAS, staff is recommending that Council abandon the easement and have the Mayor sign the quitclaim deed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby quitclaim water service easement to the Gestri Family Trust, the owners of the property at 1250 Third Avenue. BE IT FURTHER RESOLVED that the Mayor of the Ci ty of Chula Vista is hereby authorized to execute said quitclaim deed on behalf of the City of Chula Vista. John P. Lippitt, Director of Public Works 8774a Presented by 11-~