HomeMy WebLinkAbout1995-03-21; City Council; 13057; Open Space Easement Exchange Carlsbad RanchCl” OF CARLSBAD - AGEF”A BILL @? .
AB# )$Os? I TITLE: OPEN SPACE EASEMENT EXCHANGE DEPT.
MT& 03-21-95 WITHIN CARLSBAD RANCH (CT 92-07)
PR 3.7.65 CITY AT+
DEPT. ENG
RECOMMENDED ACTION:
Adopt Resolution No. 9 5-5 2 quitclaiming 2.686 acres of open space easement
located within the Carlsbad Ranch property. This is an exchange for 2.69 acres dedicated
as open space on Map 13078 (CT 92-07 Units 1 and 2).
ITEM EXPLANATION:
The Carlsbad Ranch Company, owner of the Carlsbad Ranch, requests the City quitclaim
the existing open space easement on said property. The quitclaim of the open space
easement is the final step to complete the open space exchange approved by the
Specific Plan for Carlsbad Ranch. A new open space easement was recorded with the
first two units of the final map for Carlsbad Ranch recorded December 28, 1993 as
Document Number 1993-0876429, Map No. 13078.
The easement was originally dedicated July 5, 1989 to the City of Carlsbad as an open
space easement. In addition the land was deed restricted for agricuftural use and
designated as General Plan Open Space. The approval of the Carlsbad Ranch Specific
Plan included a General Plan Amendment, GPA 90-l 1 which relocated the boundaries of
the General Plan Open Space (“the Flower Fields”). The General Plan Amendment, GPA
90-l 1, was approved by the Planning Commission January 6, 1993 per Planyng
Commission Resolution No. 3478. The agricultural preserve boundaries were revised in
an amendment to the Coastal Commission Permit Request No. 6-93-34 approved June
8, 1993.
FISCAL IMPACT:
None.
f3 EXHIBITS:
5
e
1. Location Map.
2. Quitclaim Deed with attachments.
% 3. Resolution No. CJ f -58 approving a quitclaim for an Open Space Easement
originally dedicated to the City on the Carlsbad Ranch property.
LOCATION MAP
PORTIONS TO BE
CITY OF OCEANSIDE
PROJECT NAME PROJECT EXHIBIT QUlTCLAlMC;F9;P;; SPACE EASEMENT NUMBER
PR3.7.65 1
AWN By: SCOTT EVANS. CARISRAI) FNGINFFRING DFPT.
.I ‘.. I, ) , .a . ,, h - *
_- _. ._ :
Exhibit 2
AND WHEN RECORDED MAIL TO
I-- 1 Name
Street Address
City &
State L 1
MAIL TAX STATEMENTS TO
- 1
Name
Street Address
City &
State -Computed on the consideration of value of property conveyed; OR
L 1 -Computed on the consideration of value less liens or encumbrance
remaining at time of sale.
CORPORATION QUITClAIM DEED PR 3.7.65
OF EASEMENT APN 211-022-01. 05. 06 &JIJ
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of Carl&ad, A Municipal Corporation
organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER
quitclaim to
Carl&ad Ranch Company, L.P., a California Limited Partnership
the following described real property in the City of Carl&ad, Connty of San Diego, State of California: an open spcae easement as described in Exhibit “A” consisting of 4 pages, attached hereto and made a part hereof. Exhibit 73” consisting of 2 page is attached for clarity only.
DATED March 27. 1995
Claude A. Lewis
BY ALzzzd!u (City Clerk) Secretary
Aletha L. Rautenkranz
MAIL THIS STATEMENT AS DIFW3-E.D ABOVE
STATE OF CALIFORNIA 1
COUNT? OF SAN DIEGO ) :
On March 27, 1995 , before me, Karen R. Kundtz, Assistant .
City Clerk, personally appeared Claude A. Lewis, Mayor and Aletha L.
Rautenkranz, City Clerk , personally known to me (or-+I+&
to-me-on-the-has-i--c+e -eHdem~) to be the person(s) whose name(s)
+$/are subscribed to the within instrument and acknowledged to me that
-hefshe/they executed the same inhisjkerjtheir authorized capacity(ies), and that
by h+sfh+their signature(s) on the.instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal
tant City Clerk
(SEAL)
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, : 89-1014-3 10-26-93 E ASEMENT VACATION PAGE 1
EXHIBIT “A”
VACATION OF OPEN SPACE EASEMENTS
PORTIONS OF THAT PORTION OF LOT “H” OF RANCH0 AGUA HEDIONDA
ACCORDING TO MAP NO. 823 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896; DESCRIBED AS AN
OPEN SPACE EASEMENT, IN-A DOCUMENT RECORDED JULY 5, 1989 AS FILE
NO. 89-354161, AND BEING MORE PARTICULARLY DESCRIBED IN THE
FOLLOWING PARCELS:
PARCEL 1:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF CARLSBAD TRACT NO.
72-3, MAP NO. 7492 RECORDED IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE ALONG THE PROLONGATION OF-THE SOUTHERLY LINE OF SAID LOT 9,
NORTH 67” 30’ 37” EAST (RECORD NORTH 67” 30’ 38’ EAST) , 747.46
FEET; THENCE SOUTH 22” 29’ 22” EAST, 347.37 FEET TO THE NORTHWEST
CORNER OF SAID OPEN SPACE EASEMENT; THENCE ALONG THE BOUNDARY OF
SAID OPEN SPACE EASEMENT NORTH 67” 30’ 38’ EAST, 504-58 FEET TO THE
TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE BOUNDARY OF SAID OPEN SPACE EASEMENT
NORTH 67” 30’ 38” EAST, 12.00 FEET; THENCE SOUTH 22” 29’ 22” EAST,
781.00’ FEET; THENCE SOUTH 17” 54’ 18” EAST, 221 .17 FEET; THENCE
LEAVING THE BOUNDARY OF SAID OPEN SPACE EASEMENT NORTH 27” 00’ 30”
WEST 0.02 FEET; THENCE NORTH 20” 57’ 08” WEST, 211.68 FEET; THENCE
NORTH 22” 29’ 22” WEST, 789.84, FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING.
AREA = 10,669.8 SF : (0.245 AC)
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-. 89-1014-3
‘EASEMENT &%;: PAGE 2
PARCEL 2:
BEGINNING AT SAID SOUTHEAST CORNER OF LOT 9 OF CARLSBAD TRACT NO;
72-3, MAP NO. 7492 RECORDED IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE ALONG THE PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 9,
NORTH 67” 30’ 37” EAST (RECORD NORTH 67” 30’ 38’ EAST) , 747.46
FEET; THENCE SOUTH 220 29’ 22” EAST, 347.37 FEET ~0 THE NORTHWEST
CORNER OF SAID OPEN SPACE EASEMENT; THENCE ALONG THE BOUNDARY OF
SAID EASEMENT NORTH 67’ 30’ 35’ EAST, 5i6.58 FEET; THENCE SOUTH 22”
29’ 22” EAST, 781.00 FEET; THENCE SOUTH 17’ 54’ 18” EAST, 221 .I7
FEET; THENCE SOUTH 27” 00’ 30” EAST, 383.64 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING ALONG SAID EASEMENT BOUNDARY SOUTH 30” 27’ 28”
EAST, 420.02 FEET; THENCE SOUTH 27”. 36’ 16” EAST, 252.88 FEET;
THENCE SOUTH 30” 07’ 21” EAST, 73.27 FEET; THENCE LEAVING THE
BOUNDARY OF SAID EASEMENT SOUTH 63” 50’ 20” WEST, 31.89 FEET;
THENCE NORTH 27’ 00’ 30’ WEST, 744.81 FEET, MORE OR LESS, TO THE
TRUE POINT OF BEGINNING. c
AREA = 14,200.l SF (0.326 ;AC)
7.
PARCEL 3:
BEGINNING AT SAID SOUTHEAST CORNER OF LOT 9 OF CARLSBAD TRACT NO.
72-3, MAP NO. 7492 RECORDED IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE ALONG THE PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 9,
NORTH 67” 30’ 37” EAST (RECORD NORTH 67” 30’ 38 It EAST) , 747.46
FEET; THENCE SOUTH 22” 29’
CORNER OF SAID OPEN SPACE
SAID EASEML;;T N”vRi!i 67” 30
22” EAST, 347.37 FEET,TO THE NORTHWEST
EASEMENT; THENCE ALONG THE BOUNDARY OF
’ 38” EAST, 516.58 FEET; THENCE ~0iiTi-1 22”
29’ 22” EAST, 781.00 FEET; THENCE SOUTH 17” 54’ 18” EAST, 221 .I7 :.,
FEET; THENCE SOUTH 27” 08’ 30” EAST, 383.64 FEET; THENCE SOUTH 30” ,.
27’ 28” EAST, 420.02 FEET; THENCE SOUTH 27” 36’ 16” EAST, 252.88
.
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, ‘. .( 89-1014-3 10-26-93 EASEMENT VACATION PAGE 3
FEET; THENCE SOUTH 30” 07’ 21” EAST, 90.76 FEET; THENCE NORTH 54”
35’ 25” EAST 108.59 FEET TO THE TRUE POINT OF ‘BEGINNING;
THENCE CONTINUING ALONG THE BOUNDARY OF SAID EASEMENT NORTH 54” 35’
25” EAST, 497.37 FEET; THENCE NORTH 69’ 30’ 19” EAST, 198.82 FEET
TO A POINT ON A NON-TANGENT 465 FOOT RADIUS CURVE, CONCAVE
WESTERLY, A RADIAL TO SAID POINT BEARS NORTH 69” 30’ 43” EAST;
THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 58’
34’ 56”, AN ARC DISTANCE OF 475.44 FEET TO A POINT OF REVERSE
CURVATURE WITil A 535 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A
RADIAL TO SAID POINT BEARING NORTH 51” 54’ 21” WEST, THENCE
SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 35” 55’ 37”)
AN ARC DISTANCE OF 335.47 FEET; THENCE TANGENT TO SAID CURVE,
SOUTH 2” 10’ 02” WEST, 80.00 FEET TO THE BEGINNING OF A TANGENT 20
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THENCE SOUTHERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 54’ 12’ 18”, AN ARC DISTANCE
;
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,-. - 89-1014-3 10-26-93 ,
EASEMENT VACATION PAGE 4
OF 18.92 FEET; THENCE, LEAVING THE ‘BOUNDARY OF SAID OPEN SPACE
EASEMENT, NON-TANGENT TO SAID CURVE, NORTH 2” 09’ 03” EAST, 156.36
FEET TO THE BEGINNING OF A TANGENT 719 FOOT RADIUS CURVE, CONCAVE
EASTERLY; THENCE NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 11” 36’ 42”, AN ARC DISTANCE OF 145.71 FEET; THENCE
TANGENT TO SAID CURVE, NORTH 13” 45’ 45” EAST, 100.00 FEET TO THE
BEGINNING OF A TANGENT 621 FOOT RADIUS CURVE, CONCAVE WESTERLY;
THENCE NORTHERLY ALONG SAID CiiRV’E, TiiRCUGH A CENTRAL ANGLE OF 29”
32’ 14”, AN ARC DISTANCE OF 320.14 FEET; THENCE NON-TANGENTIALLY,
SOUTH 63” 50’ 20” WEST, 491.00 FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING. ,,
AREA = 92J36.3 SF .
(2.115 AC)
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SHEET2 DF 2 SHUTS
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c;IREa Of PA’RCLL 3 = 32,136.35 Sf
c 2. II5 AC1
--
T.EO.8. PARCEL 3
\
- EXHl6lT “6”
OPEN SPACE. EASEMENT - VACATION
BASIS OF BErR/AfGJ i
--
CONSULTA
I A PORTION ‘flF THE CENTfRUM W CffF CL’ffNTRY DRIVE A3 SfiL’LJ,4 LW MAP I2242 /E N67°3~‘37/‘E
7220 Awh E.x:.xu Civil E.mncermr 5urce ,704 Pl*nn,n~ ‘.
Carkbcd. Csliforma 92009 Processrn.c f??.3..zL5 r 61Y.931.7700 Sum,vm;
Fccs:619.931-8680 I
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Exhibit 3
RESOLUTION NO. 95-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING QUITCLAIM OF AN OPEN
SPACE EASEMENT WITHIN THE CARLSBAD RANCH PROPERTY.
WHEREAS, the Carlsbad Ranch Company has submitted a request for quitclaim of a
portion of an open space easement over a portion of the Carisbad Ranch property; and
WHEREAS, a replacement easement equivalent in habitat value and size 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 an open space easement over a portion of the
Carlsbad Ranch Property to the Carlsbad Ranch Company, which is on file with the City Clerk
and is incorporated herein by reference, is approved.
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3. That the Mayor is authorized to execute the deed and the City Clerk is hereby
authorized to release the original Quitclaim Deed to the Carlsbad Ranch Company to be
recorded in the Office of the County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 21st day of MARCH , 1995 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUT
2
ii?lTE IT - DON’T SAY :r!
To .p-----FLk _.___ ~__~___
From -__ Isa~L!-e~aulsen~-
cm March 28,
0 Reply Wanted
!JNo Reply Necessary
19 95
Carltas Company representative: -
Date of pickup:
Corporation Quitclaim Deed of Easement PR 3.7.65
APN 211-022-01, 05, 06
Council meeting of 3/21/95.
Open Space Easement Exchange within Carlsbad Ranch (CT 92-7).
Resolution No. 95-58.
PRlNTED IN “IA