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Home My WebLink About1992-03-17; City Council; 11598; Quitclaim Of Portion Of Open SpaceCl”’ OF CARLSBAD - AGENP-BILL TITLE: QUITCLAIM OF A PORTION OF AN OPEN SPACE EASEMENTOVERPARCEL5OFPAFiCELMAP NO. 16451 (CARLSBAD MS 634) PR 3,7,46 RECOMMENDED ACTION: Adopt Resolution No. 42 - 83 quitclaiming a portion of an open space easement over Parcel 5 of Parcel Map No. 16451 (Carlsbad Minor Subdivision No. 634). I ITEM EXPLANATION: The Aviara Master Association, owner of Parcel 5 of Parcel Map 16451, Carlsbad Minor Subdivision No. 634, requests the City quitclaim of a portion of the existing open space easement on said parcel. This request is made to accommodate the relocation of the Aviara golf course maintenance facility to this open space, deed restricted site. The original location of this maintenance facility was found to be in the path of a primary viewshed. The applicant obtained approval from City staff and the California Coastal Commission to encroach into the subject open space, deed restricted area by offering to dedicate and enhance a new higher quality habitat adjacent to the Batiquitos Lagoon ecosystem. Such dedication was accepted by the Coastal Commission which in turn released the applicant from the open space restriction on the subject area. Adopting this resolution will complete the exchange of easements as approved by City staff and the California Coastal Commission. FISCAL IMPACT: NONE EXHIBITS: 1. 2. 3. Location Map. Quitclaim Deed Resolution No. q$- 83 quitclaim a portion of an open space easement over Parcel 5 of Parcel Map 16451. - LOCATION MAP . . . . . . . . . ,............ PROJECT NAME AVIARA MAINTENANCE BUILDING PROJECT EXHIBIT OPEN SPACE EASEMENT OUlTCLAIM ;$$;; 1 m/92 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ,2a ,,r :j ?. RESOLUTION NO. 92-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING QUITCLAIM OF A PORTION OF AN OPEN SPACE EASEMENT OVER PARCEL 5 OF PM 16451 (MS 634) WHEREAS, Aviara Master Association has submitted a request for quitclaim of a portion of an open space easement over Parcel 5 of Parcel Map No. 16451 (Carlsbad Minor Subdivision 634); and WHEREAS, a replacement easement superior in habitat value to the easement to be quitclaimed has been dedicated to the Coastal Commission; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim a portion of said easement: 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 Deed conveying a portion of an open space easement over Parcel 5 of Parcel Map No. 16451 to the Aviara Master Association, which, is on file with the City Clerk and is incorporated herein by reference, is approved. -. Ill Ill Ill Ill I// Ill Ill II/ Ill Ill 1 - / - - 3. That the Mayor is authorized to execute the deed and the City Clerk is hereby 1 authorized to release the original Quitclaim Deed to the Aviara Master Association to be 2 3 recorded in the Office of the County Recorder of San Diego County, State of California. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 5 held on themday of March , 1992 by the following vote, to wit: 6 AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard 7 NOES: NOM B ABSENT: NOW 9 10 Xl ATTEST: 12 13 14 15 (SEAL) 16 17 ia 19 20 21 22 23 24 25 26 27 28 RECORDING REGUES~D BY .’ AND &HEN RECORDER . . ..*lL ~0 r 1 ,.. Name Aviara Master Association Street Address 2011 Palomar Airport Road, Suite 206 Cartsbad, CA 92009 Cily& State L _I MAIL TAX STATEMENTS TO r 1 Name Aviara Master Association Street Address 2011 Palornar Airport Road, Suite 206 Carlsbad, CA 92009 City& State -Computed on the consideration of value of property conveyed; OR L -A -Computed on the consideration of value less liens or encumbrances remaining at time of sale. CORPORATION QUITClAIM DEED PR 3.7.46 OF EASEMENT APN 21.5-612-19 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, A Municipal Corporation organised under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to Aviara Master Association, A California Non-profit Mutual Benefit Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: a portion of an open space easement as described in Exhibit “A” consisting of two pages, attached hereto and made a part hereof. Exhibit “B” consisting of hvo pages is attached for clarity only. DA=,, March 18, 1992 BY (City Clerk) MAIL THIS STATEMENT AS DIRECTED ABOVE / EXifBIT I’A” 06/24/1991(&S.) 300,15;SV QQQSMB LEGAL DESCRIPTION AVIARA MAINTENANCE BUILDING OPEN SPACE EASEMENT QUITCLAIM THAT PORTION OF' PARCEL 5 OF PARCEL MAP NO. 16451 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 15, 1991, AS FILE NO. 91-168677, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE WESTERLY LINE OF SAID PARCEL 5 DEFINED AS THE SOUTHERLY TERMINUS OF THE COURSE BEARING NORTH 23"55'00" WEST, 880.61 FEET; THENCE ALONG SAID WESTERLY LINE NORTH 23'55'00" WEST, 59.47 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 48'56'23" EAST, 81.23 FEET: THENCE SOUTH 41'03'37" EAST, 212.00 FEET: THENCE SOUTH 48'56'23" WEST, 36.91 FEET TO THE BEGINNING OF A NON-TANGENT 66.84 FOOT RADIUS CURVE CONCAVE TO THE NORTH, A RADIAL LINE TO SAID POINT BEARS SOUTH 23'15'29" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10'27'55" A DISTANCE OF 12.21 FEET, TO THE BEGINNING OF A COMPOUND 80.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH, A RADIAL LINE TO SAID POINT BEARS SOUTH 12'47'34" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31'27'03" A DISTANCE OF 43.91 FEET, TO THE BEGINNING,OF A REVERSE 60.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID POINT BEARS NORTH 18'39'29" WEST: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 84'17'13" A DISTANCE OF 88.27 FEET; THENCE SOUTH 24'22'16" EAST, 10.01 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST: THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39'45'10" A DISTANCE OF 27.75 FEET; THENCE SOUTH 64'07'26" EAST, 73.50 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH: THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40'01'24" A DISTANCE OF 69.85 FEET, TO A POINT ON THE ARC OF A 50.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST ON THE WESTERLY RIGHT-OF-WAY LINE OF AVIARA DRIVE AS SHOWN AND DESCRIBED ON SAID PARCEL MAP NO. 16451, A RADIAL LINE TO SAID POINT BEARS SOUTH 68'58'22" WEST; THENCE SOUTHEASTERLY ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID AVIARA DRIVE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24'10'45" A DISTANCE OFT 21.10 FEET, TO -l- EXHIBIT *‘A#’ 06/24/1991(JS) 300,15;SV QQQSMB THE BEGINNING OF A NON-TANGENT 120.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH, A RADIAL LINE TO SAID POINT BEARS SOUTH 17'23'59" EAST; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43'16'33" A DISTANCE OF 90.64 FEET: THENCE NORTH 64'07'26" WEST, 73.50 FEET TO THE BEGINNING OF A TANGENT 60.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST: THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39'45'10" A DISTANCE OF 41.63 FEET: THENCE NORTH 24'22'16" WEST, 10.01 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY AMNG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 84'17'13" A DISTANCE OF 58.84 FEET, TO THE BEGINNING OF A REVERSE 100.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH, A RADIAL LINE TO SAID POINT BEARS SOUTH 18'39'29" EAST: THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31'27'03" A DISTANCE OF 54.89 FEET, TO THE BEGINNING OF A COMPOUND 70.43 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAL LINE TO SAID POINT BEARS SOUTH 12'47'34" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20'15'15" A DISTANCE OF 24.90 FEET: THENCE SOUTH 48'56'23" WEST, 7.11 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 5; THENCE ALONG SAID WESTERLY LINE NORTH 53'25'00" WEST, 158.85 FEET TO THE POINT OF BEGINNING. THE HEREIN DESCRIBED LOT CONTAINS 0.564 ACRE OF LAND MORE OR LESS. PREPARED BY: DALE A. DAVIS L.S. 5894, EXPIRATION DATE: 12-31-92 -2- CORPORATE ACKNOWLEPGMENT NO, 202 -’ . State of Cali il On thisthe20thdayof March 192, before me, ss. county Of San Diego Karen R. Kundtz the undersigned Notary Public, personally appeared Claude A. Lewis and Aletha L. Rautenkranz !B personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Mayor and City Clerk orcm behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. c NotFy’s Sign- EXHIBIT “B-- SHEET 1 OF 2 SHEETS LEtXAtD ;;??c;;;;?j PORnON Of OPEN SPACE EASE&NT GR,@,IrD i:~~:~<<;~:<~:~:<~i ------A To CITY of CARLSBAD PER PARCEL MAP NO. 16451 TO BE OUTCLAIMED. \ AREA = 0.564 ACRE AssssmS PARCZ NO. 215-672-19 , NO SCALE P&D ?FCHA!OL OGIES 401 KST -A’ SlREEl; SW/E 2500 SAN DIEGO, CALIFORNIA 92101 (619) 232-4466 FAX 232-3022 DALE A. DA MS L.S. 5894 LICENSE EXPIRES 12-31- 92 PROJECT NAME t A MARA At~~XiVE BWUING WW S%cyF EM!iMWT QUITIXAIM PROJECT NO. EXHIBIT PRJ.1.46 Ig* .I SQUIT?.DWG 08/07/9? [300,15] 460104.COR EN104.10 7=600 J/ - EXHIBIT “B*,- . SHEET 2 OF 2 SHEETS -h N rT) ~,~_~:.-: - % h’ = 9”, ‘.::::::::::. & .:. \ In si ‘(1.’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Y- _‘.‘_‘.‘.‘_‘,‘_‘_‘_‘.‘.‘.‘.‘.‘,‘,~.~.’.’.’.’.’.‘.‘, ‘-‘,.:-‘::~:::::.:.:,:.:.:. 2 . 0 *$ R ” ._.;_. i.1 I&) :: ~‘.‘:.‘.‘.‘.‘.‘. T$ -2 2 :,:,:,:.:, rrn ::.:.:pm :.:.:.:.:.Y.; 2 &” 4 p b r & .v ::. * .‘.‘_‘.‘.~.‘.‘.‘, . . -:‘,ru’.‘.‘.,t, . . . . . . . . . :_ JP :::.li: :::;:::.j IT s \r) 2 ‘.‘. ,.I.) ..m . . . . . . . b ..:.:.: cj :::+q ‘:::::::. s t:.$;:::: j/ y j::::::::::::::: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..__.........._ . . . . . . . . . . . . . . . . . . . . . . . . . . . . II A/AR ‘r;fi ‘9 7 “F ):::::::::::j ’ I . k::::::.??k ” 3U IUU 13u GRAPHIC SCALE: l-=50’ PROJECT NAME! A MARA MNN7WANtX BUILD/Iv CREW SPACE EASMEiW QU’W PROJECT NO. EXHIBIT PR.3. Z 46 Tw A.mm,,Tn”c +?/77/709l r~7nn 1.77 46”,04 co,4 FNlO4.10 March 20, 1992 Aviara Master Association 2011 Palomar Airport Rd., Suite 206 Carlsbad, CA 92009 Re: Quitclaim of Portion of Open Space Easement - MS-834 The Carlsbad City Council, at its meeting of March 17, 1992, adopted Resolution No. 92-83, quitclaiming a portion of an open space easement over Parcel 5 of Parcel Map No. 16451 to the Aviara Master Association. Enclosed is the original quitclaim deed so that you can have it recorded with the San Diego County Recorder. Assistant City Clerk Enc. 1200 Carlsbad Village Drive - Carlsbad. California 92008-l 989 - (619) 434-2808 @