HomeMy WebLinkAbout1991-12-03; City Council; 11462; Tienda De La Esquina\B#.uI. TITLE: TIENDA DE LA ESQUINA
ATOrn 12/03/91 CT 91-05
QUITClAIM OF RELINQUISHMENT OF ACCESS
IEPT. ENG- RIGHTS - RANCH0 SANTA FE ROAD PR 3.751
CITV OF CARLSBAD - AGEND - BILL
CITY MGR. s
RECOMMENDED ACTION:
Adopt Resolution No. 9 / -,a#/ approving the proposed quitclaim of relinquishment of access rights on Ranch0 Santa Fe Road for “right-in only” access to the project Tienda
de la Esquina.
ITEM EXPLANATION:
On June 5, 1991, the Planning Commission approved Resolution Number 3135, CT 91-6
Tienda de La Esquina. The project is a seven lot tentative map for commercial
development on property generally located on the southeast corner of Ranch0 Santa Fe
Road and Camino de Las Caches. The tentative map proposed an entrance off Ranch0
Santa Fe Road. Presently, the access rights have been relinquished along this portion
of Ranch0 Santa Fe Road. The conditions of approval for Tienda de la Esquina require
the issue of quitclaiming the relinquishment of access rights be determined by the City
Council.
The developer is requesting the City Council determine the issue of access prior to their
expending money on the detailed final plans. The extended area to the west of the
entrance is required for the additional right of way necessary for the free right turn into
the commercial center. The waiver of access rights for the new right of way will be
dedicated on the final map. The quitclaim will not be effective until the additional
dedication and waivers of access rights are obtained along the new lot line.
Staff recommends approval of this location of the “right-in only” entrance to Tienda de la
Esquina subject to the condition that the precise location be shown on the final map.
FISCAL IMPACT:
NONE
EXHIBITS:
1.
2.
3.
4.
Location Map.
Site Exhibit.
Letter Requesting quitclaiming.
Resolution No.9 I -38q . approving the proposed quitclaim of relinquishment of
access rights.
LOCATION MAP
. . . . . . . . . . . . . . . . . a.. . . . . . . . . . . . . . . . . , . . . *.........,..a...... . . . . . . . . . . . . . . . . . . . . . . . . * . . . . . ...*.... . . . . . . . . . . . . . . . . , . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . , . , . . . . . .
PROJECT NAME
TIENDA DE LA ESQUINA
CL#vrr C\,..IP 1I.ma.2a.n CIII*LIC6?.3I.#C n-7 . . I. ,A.
PROJECT EXHIBIT
NUMBER
PR3.7.51 1
SITE EXHIBIT
F :
, ,’ /
WITH FUTURE R/W DEDICATION
RICK ENGINEERING
J-10688 g/17/91
PROJECT NAME PROJECT EXHIBIT
ACCESS RIGHTS EXHIBIT - Tienda de la Esquina NUMBER
PR 3.7.51 2
.
,,
I q 1.: .
.PR3.7(5j
1959 Palomar Oaks Way
Suite 200
Carlsbad, CA 92009
(619) 431-8200
FAX: (619) 931-1551
RICKENGINEERINGCOMPANY
June 25, 1991
Mr. Walter Brown City of Carlsbad Engineering Department 2075 Las Palmas Carlsbad, California 92009
SUBJECT: TIENDA DE LA ESQUINA QUITCLAIM OF ACCESS RIGHTS OFF OF RANCH0 SANTA FE ROAD RICK ENGINEERING JOB NO. 10688-A
Dear Walter:
Enclosed, per our earlier discussions, is our request for the City to quitclaim a portion of the access rights adjacent to Tienda de la Esquina on Ranch0 Santa Fe Road. We have included with this letter a signed copy of the application, our processing check, plat and legal description, and a copy of a portion of the minutes from the Planning Commission hearing discussing this item. In addition, we have included a copy of the tentative map colored up showing the area of the proposed quitclaim of access rights. The radius map and owners' list will be submitted just prior to noticing for public hearing.
Because of the way the Conditions for this project are written, we would like the Council to act on this request for quitclaim prior to the extensive work involved with the final map. We would expect that if the Council does approve the quitclaim, the staff report would be put together instructing the City Clerk to hold off on recording the quitclaim documents until the final map is ready for recordation. The final map will also be dedicating some access rights to the City along the new right-of-way line that lies easterly of the existing right-of-way line. For reference, we have the proposed new dedication of access rights on the colored-up copy of the tentative map.
With the above information, we request that you review these documents and schedule a public hearing before the City Council asking them to quitclaim the access rights in the areas shown on the attached exhibits.
. Mr. Walter Brown June 25, 1991 Page 2
Thank you for your consideration. We look forward to having this presented to the City Council at the earliest available time.
Sincerely,
RICK ENGINEERING COMPANY
Robert C. Ladwig
RCL:kd.OOl Attachments
cc: Mr. Marc Gerber, Cunningham Barisic Development Corp. Mr. Marty Burke, The Martin Burke Company Mr. John Rick, Rick Engineering Company
V\-:ITE IT - DON’T SAY 1: !
To File
From Karen
Date 12113
0 Reply Wanted
ONo Reply Necessary
19 91
Re: AB /Ill,462 - QUITCLAIM OF RELINQUISHMENT OF ACCESS RIGHTS - CT 91-06
The above-referenced quitclaim was approved on December 3, 1991, by Resolution
No. 91-384. The Resolution approves by quitclaim but requires that the
City Clerk's Office hold the quitclaim and not process until the final map for
CT 91-06 is recorded. Upon recordation of the final map, we are instructed
to release the deed to Bob Ladwig of Rick Engineering.
Per Dave Hauser, we may have to "hold" the quitclaim from 4 months to 2 years.
There is no way to know how long it will be.
Therefore, we are filing the original Quitclaim Deed, UNSIGNED, in our file.
Whenever we are authorised by Engineering Dept. to release the Quitclaim,
we will process it for signature.
K.
AIGNER FORM NO. 55-032 PRlNTED IN USA
.’ ..,. , ,, . . ^ “’
.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
r 1 Name
City of Cartsbad
Street Address 1200 Carlsbad Village Dr.
Carlsbad, CA 92009
City &
State l- -l
MAIL TAX STATEMENTS TO
r 1 Name
City of Carlsbad
Street Address 1200 Carlsbad Village Dr.
Carlsbad, CA 92009
City &
State l- -l -Computed on the consideration of value of property conveyed; OR
-Computed on the consideration of value less liens or encumbrances
remaining at time of sale.
QUITCLAIM DEED PR 3.7.51
APN 255-030-20 and 26
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
Meadow Center II Partnership, A California General Partnership
the following described real property in the City of Carlsbad, County of San Diego, State of California: described as relinquished access rights as described in Exhibit “A” consisting of one page, attached hereto and made a part hcrcof. Exhibit “B” consisting of one page is attached for clarity only.
City of Carlsbad
DATED
Mayor Presidcn t
BY City Clerk Secretary
I’ * ‘f-%A..~( I- - -. . - ,- ( j . -- I I9 I/ hc Cl/rc/V;l
IQ.3 P~IIw1;11~ O.,Lx w;,> R~CKENGINEEI~INGCOMI)/\NY St~iir~NO
(‘:I! l~l~.l~l. (‘,\ 43llIV
Ihl~)43l-~~ll~l
Legal Description
I----
J- .10688
QUITCLAIM OF ACCESS RIGHTS
TC Ref. ---
co. _ -~
Order Eb. -..
By: JC/sjs
Date: June 27, 1991
Page 1 of 1
Dale
Descr. -
Rev. By ---
A portion of relinquished access rights along Ranch0 Santa Fe Road as shown on Parcel Map No. 13970 in the City of Carlsbad on file in
the Office of the County Recorder of San Diego County, State of
California, adjoining and lying Southeasterly of the following described lines:
BEGINNING at the Southwesterly corner of Parcel 1 of said Parcel Map No. 13970, said Southwesterly corner being a point on the Southeasterly right-of-way line of Ranch0 Santa Fe Road, said point also being on the arc of a 1553.50 foot radius curve concave'
Northwesterly to which a radial line bears South 64"19'44" East:
thence Northeasterly along the arc of said curve and along said j
right-of-way line through a central angle of 10'46'2311, a distance
of 292.10 feet: thence tangent to said curve and continuing along said right-of-way line North 14°53t5311 East 100.00 feet to the POINT OF TERMINATION.
Also
Beginning at the above described point of beginning; thence
Southwesterly along the arc of said 1553.00 foot radius curve and along said Southeasterly right-of-way line of Ranch0 Santa Fe Road
through a central angle of 12"43'2711 a distance of 345.00 feet to
the POINT OF TERMINATION.
<*& aLsI *cb/
LbGEND
I I I I I I I I I I I I L INDKmfS RCCfSS~~~MS A! /lQU/SHED ON P~RCELMAPNO: /3970
PLAT TO ILLUSTRATE LEGAL RICK tNQlNRRRlNQ COMPANY
CIVIL tNO1NILtRI.~URVEVOCII.~ANNCRI 1 DESCRIPTION OF ACCESS RIGHTS
1 TO BE QUITCLAIMED I 1asm PA- OAKI WAY. rum IDO. CnmanAlaM~
-CT NUMBER 10680 SCALE /'= i%?' 1 DATE 6 - 2/- 91
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RESOLUTION NO. 91-384
A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE REQUEST TO
QUITCLAIM A PORTION OF RELINQUISHED ACCESS RIGHTS
ON RANCH0 SANTA FE ROAD FOR THE PROJECTTIENDA DE
LA ESQUINA CT 91-06, PR 3.7.51
WHEREAS, Robert C. Ladwig of Rick Engineering Company has submitted a request
to quitclaim a portion of previously relinquished access rights for Ranch0 Santa Fe Road for
a “right-in only” entrance to the project Tienda de la Esquina, and
WHEREAS, the Tentative Map of Carlsbad Tract 91-06 with conditions was approved
by the Planning Commission on June 5, 1991 pursuant to Resolution No. 3135 and in
conformance with those conditions, specifically Condition No. 66 the applicant has requested
the quitclaim, and
WHEREAS, the City Council of the City Carlsbad has determined it to be in the public
interest to quitclaim said relinquishment of access rights.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
1. That the above recitations are true and correct.
2. That the quitclaim be approved subject to the following conditions:
A. The City Clerk shall hold the quitclaim until the final map, CT 91-06 is
recorded.
B. The precise location of the “right-in only” entrance be shown on the final
map.
C. Upon recordation of the final map CT 91-06, the City Clerk is hereby
authorized to release the deed to Robert C. Ladwig of Rick Engineering
Company for recording in the office of the County Recorder of San
Diego County, State of California.
III
Ill
Ill
3. That the mayor is authorized to execute the deed.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 3rd day of Decen&er, 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
AlTEST:
ALETHA L. RAUTENKRANZ, City Clerk \
(SEAL)