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HomeMy WebLinkAbout1996-12-03; City Council; 13932; Quitclaim Lots 22 & 23 Aviara PA 29I;ITY OF CARLSBAD - AGENDA BILL AB# / 3; 73 L TITLE: QUITCLAIM A PORTION OF AN EXISTING OPENSPACEEASEMENTLOCATEDON MTG. 12/03/B LOTS 22 AND 23 OF CT 90-35, MAP NO. 13272 DEPT. ENG AWARA PA 29, PR 3.7.82 RECOMMENDED ACTION: Adopt Resolution No. 96 - 4 I 1 approving a quitclaim of a portion of an existing open space easement originally dedicated to the City per Map No. 13272, CT 90-35, Aviara PA 29, ITEM EXPLANATION: This is a request from Warmington Homes to quitclaim the City’s interest on a portion of an existing open space easement located on Aviara PA 29. The open space easement was originally dedicated to the City per Final Map No. 13272, CT 90-35. As stated in the attached letter from Warmington Homes (see Exhibit ‘B”) that portion of the open space easement lies outside the Coastal Resource Area Boundary and also lies in a slope which is homeowner maintained. The original open space easement document erroneously followed the top of slope line instead of the Coastal Resource Area Boundary. The area to be quitclaimed is not part of a General Plan open space and was never intended to be open space. Therefore, the Growth Management open space standard for Aviara is not impacted. The Planning Department staff have reviewed this request and concur in the recommendation of approval for this quitclaim. FISCAL IMPACT: None. EXHIBITS: 1. Location Map. 2. Quitclaim letter from Warmington Homes dated October 7, 1996. 3. Quitclaim deed. 4. Resolution No. 9 b - Y 11 approving a quitclaim of a portion of an existing open space easement dedicated to the City per Map No. 13272, CT 90-35, Aviara PA 29. MAP L-4 WI \ I I NM IT 111, .n I PORTION OF OPEN SPACE EASEMENT TO BE VACATED NOT TO SCALE I PROJECT NAME AVIARA PA 29 LI.8 I .A QUITCLAIM OF ‘OPEN SPACE EASEMENT PR3.7.82 CT90-35 I 2 WMINGTON HOMES October 7. 1996 Mr. Mike Grim City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, California 92009 Subject: Aviara, Planning Area 29 Open Space Easement Vacation I < . Dear Mike, Enclosed. please find an application to vacate a portion of the open space easement in Aviara, Planning Area 29. As we discussed earlier, Warmington Homes wouid like to vacate that portion of easement since it lies below the Coastal Deed Restricted Area and also lies on a slope which is homeowner maintained. We believe this action is necessary in order for the easement to match actual top of slope conditions and to eliminate any confusion as to who is responsible for maintenance of that slope. Please call me at 794-9424 if you have any questions regarding the enclosed application. Project Manager “, sqJJti &“J) c&p’ 4~k&QJ # +*/ ,4 -w RECEIVED F qb, QC-J fj 7 wi ,&yJ e ev \ &F ok!+ 4p' e* $Jy & ENGINEERIN= DEPARTMENT %d 3090 Pullman Street, Suite A, Costa Mesa, California 92626 (714) 557-5511 - FAX (714) 641-9337 3. CT-% -3s RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Warmington Homes -3090 Fullman Street Costa Mesa,.CA 92626 Attn: Kurt Bausback MAIL TAX STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $a Assessor’s Parcel No. 215-644-08 ( ) computed on full value of property conveyed, or Project No. & Name: Aviara PA 29, CT 90-35 ( ) computed on full value less value of liens and encumbrances remaining at time of sale Warmington Homes ( ) Unincorporated area: (IQ City of Carlsbad, and CORPORATION QUITCLAIM DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, a Municipal Corporation organ&d under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER qurtclaim to: ‘ WARMINGTON AVlARA ASSOCIATES, L.P., A CALlFORNlA LIMITED PARTNERSHIP the following described real property in the City of Carisbad, County of San Diego, State of California: a portion of an open space easement as described in Exhibit ‘A” consrsting of 2 pa e(s), attached hereto and made a part hereof. Exhibit “B” consisting of 1 page(s) is attached for clarity on y. 9 (City Clerk) H:WAS’ERt3FORMS\COROUlES FRM Rev. B/l9195 - STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On December 6, 1996 , before me, Karen R. Kundtz, Assistant . . City Clerk, personally appeared Claude A. Lewis, Mayor and Aletha L. Rautenkranz, City Clerk -------------- , personally known to me (er-graved- ~e-me-en-the-ba4+&+&+i4ae&e++e+~) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he+he,/they executed the same inhts+he+their authorized capacity(ies), and that by-M+wtheir 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 City Clerk (SEAL) EXHIBIT “A” LEGAL DESCRIPTION OPEN SPACE EASEMENT QUITCLAIM PR 3.7.82 THOSE PORTIONS OF LOTS 22 AND 23 OF CITY OF CARLSBAD TRACT NO. 90-35, AVIARA PLANNING AREA 29, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13272, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON DECEMBER 8, 1995, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 22; THENCE ALONG THE WESTERLY LINE OF SAID LOT 22, SOUTH 12”26’08” WEST, 66.82 FEET TO AN INTERSECTION WITH THE SOUTHERLY SIDELINE OF AN EXISTING OPEN SPACE EASEMENT TO THE CITY OF CARLSBAD AS SHOWN AND DEDICATED ON SAID MAP NO. 13272; THENCE ALONG SAID SOUTHERLY SIDELINE, SOUTH 77”43’57” EAST, 13.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY SIDELINE THE FOLLOWING: SOUTH 87”27’55” EAST, 20.61 FEET; THENCE SOUTH 75”54’07” EAST, 36.48 FEET; THENCE SOUTH 75”54’07” EAST, 56.73 FEET; THENCE SOUTH 65”28’58” EAST: 6i.45 FEET TO A POINT ON THE EASTERLY LINE OF LOT 23 OF SAID MAP NO. 13272; THENCE ALONG SAID EASTERLY LINE, NORTH 41”33’23” EAST, 4.00 FEET TO AN ANGLE POINT IN THE EASTERLY LINE OF SAID LOT 23, SAID POINT ALSO BEING ON THE SOUTHERLY LINE OF PARCEL 19 OF EXISTING DEED RESTRICTION AS DESCRIBED IN DOCUMENT RECORDED JULY 3, 1991 AS FILE NO. 1991-0327678 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING: NORTH 31”42’05” WEST, 23.12 FEET; THENCE NORTH 69”46’09” WEST, 11.48 FEET; THENCE NORTH 58”08’38” WEST, 27.02 FEET; THENCE NORTH 78”22’21” WEST, 25.19 FEET; THENCE SOUTH 81”02’23” WEST, 39.31 FEET; THENCE NORTH 43”23’46” WEST, 6.01 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 23 SAID POINT BEARS, SOUTH 12”26’08” WEST, 70.21 FEET FROM THE NORTHWEST CORNER OF SAID LOT 23; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 43”23’46” WEST, 16.04 FEET; THENCE NORTH 80”30’09” PAGE 1 OF 2 DA M:\LEGALS\0107V25AVI-l~25A02.DOC WO 107-225 1 l/4/96 c 7 9+?33- - WEST, 19.43 FEET; THENCE SOUTH 70”22’39” WEST, 28.42 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.048 ACRE MORE OR LESS. QvG- //--+- 96 GHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :DA M:VEGALS\0107\225AVI-1’225A02.D0C WO 107-225 11 l4f96 09-4120 LEGAL DESUIPTION PORTION OF LOT: 2 AND 23 OF MA!’ NO. 13272 / , / ..-.. m..-.. -7 APN 215-720-23 2 I APN - Iv (tm 4 r&y 215-720-22 in $ I I=\fRO @%&’ I , r 0 ‘OoSe II L&i LrlilVU. //A INDICATES PORTION OF EXIST. OPEN SPACE EASEMENT TO BE QUITCLAIMED. BASIS OF BEARINGS BEARINGS AND DISTANCES SHOWN HEREON ARE COMPILED FROM RECORD DATA PER MAP 13272 HUNSAKER & ASSOCIATES SAN DIECO, INC. PLANNING - ENGINEERING - SURVEYING 10179 HUENNEKENS STREET - SAN DILZO. CA 92121 (619) 556-4500 - FAX (619) 556-1474 VICINITY MAP NO SCALE 4PPLICAN T : VACATlON PLAT - CITY OF CARLSBAD IPREPARED BY: 1_ 1 PROJECT: ~A.P.N.: !ARMINGTON HOMES 090 PULLMAN ST., SUITE PR 3.7.82 :OSTA MESA, CA 92626 714) 557-5511 N W. HI!-L, JR. L.S. 5669 EXPIRES: g/30/99 CT 90-35 December 6,1996 Mr. Kurt Bausback Project Manager Warmington Homes 3090 Pullman Street, Suite A Costa Mesa, CA 92626 Re: Corporation Quitclaim Deed of Easement Attached is the original Corporation Quitclaim Deed of Easement for Warmington Aviara Associates, APN 215-644-08. KAREN R. KFNDTZ, CMC Assistant City Clerk KRK:ijp I, the undersigned, hereby accept the original Corporation Quitclaim Deed of Easement as noted above for Warmington Homes. Print Your Name 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808 @ RESOLUTION NO. 96-411 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM FOR A PORTION OF AN EXISTING OPEN SPACE EASEMENT ORIGINALLY DEDICATED TO THE CITY OF CARLSBAD PER MAP NO. 13272 OF CT 90-35. AVIARA PA 29. WHEREAS, Warmington Homes has submitted a request for Quitclaim for a portion of an Open Space Easement which was originally dedicated to the City of Carlsbad per Map No. 13272 of CT 90-35, Aviara PA 29 ; and WHEREAS, said portion of easement was never utilized for the purpose for which it was granted and is not now or is it contemplated to be needed for the purpose of Open Space; and WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable, and in the public interest to Quitclaim said portion of easement; and 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 over a portion of an existing Open Space Easement which is on file with the City Clerk is incorporated by this reference is approved. 3. That the Mayor is authorized to execute the original Quitclaim Deed and the City Clerk is hereby authorized to cause the original Quitclaim Deed to be released to the property /// Ill 1 2 s 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 owner 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 Carisbad City Council held on the 3rd day of December , 1996 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila NOES: None ABSENT: None ATTEST: . r’ ._