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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 ; . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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)