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HomeMy WebLinkAbout1997-03-18; City Council; 14089; Aviara PA 15 Final Map, CITY OF CARLSBAD - AGENbA BILL AB# 1% 08 7 TITLE: MTG. 3/l at97 DEPT. ENG FINAL MAP CARLSBAD TRACT NO. 94-03 AVlARA PA 15 RECOMMENDED ACTIONS: 1. Adopt Resolution No. 9’?-/“l Aviara Planning Area 15. 2. Adopt Resolution No. 93- 102. approving the Quitclaim Deed for a porti Space Easement. ITEM EXPLANATION: Engineering staff has completed checking the Final Map of Carlsbad Tract 94-O , also known as Aviara Planning Area 15. This is a condominium project consisting of 5 4” units. This subdivision is within Local Facilities Management Plan (LFMP) Zone 19 and is lo&ated south of Alga Road at the end of Black Rail Court. It is comprised of 9 lots with uses as follows: eight lots for multi-family units and one lot for private street. The Final Map conforms substantially with the tentative map as approved by Planning Commission on December 21, 1994 per Resolution No. 3735. The Final Map al s o conforms to the General Plan and all the applicable requirements of the Municipal Code and City Standards. The applicant, Olympus/SCH Housing No. 2, L.L.C., A Delaware Limited Liability Company, is requesting the recordation of said Final Map. The developer entered into a Park Agreement with the City of Carlsbad on June 1, 1989. This Park Agreement provided for dedication of 24.2 acres of land by Aviara for park purposes in conjunction with Aviara’s Phase I project. The 54 residential units contained in CT 94-03, is part of Aviara Phase 1 project which dedicated the 24.2 acres of park land, therefore there is no dedication requirement at this time. The Park Credit Accounting Ledger attached hereon has been updated to reflect this new project. In order to conform to the Tentative Map, a portion of previously dedicated ope space needs to be quitclaimed, as shown in the attached quitclaim deed. With the final map, n area within the project is being offered for dedication as open space. When the Planning Commission approved the Negative Declaration for the project, a finding was made that another area of equal or greater quality habitat is being dedicated. Staff recommends that Council approve the quitclaim of said easement. FISCAL IMPACT: The developer pays a plan check fee to cover the expense of plan checking an processing the Final Map for recording. There is no fiscal impact to the City. All appropriat ,d fees will be paid if and when building permits are issued for this project. EXHIBITS: ~ 1. Location map. 2. Site Plan 3. Park Dedication and Credit Summary. 4. Resolution No. 93 - 10 / approving a Final Map for Carlsbad Tract No. 94-03b Aviara Planning Area 15. 5. Resolution No.97- lo- approving the quitclaim deed for a portion of an open s d ace easement. 6. Quitclaim Deed-attachment for PR 3.7.81. NOT TO SCALE PROJECT NAME AVIARA PA 15 IW BY: SCOTT EVANS, CARLSBAD tNWNtERlNG OtP% PROJECT EXHIBIT NUMBER CT94-03 I i EXHIBIT 3 J 3 - - . i ( - . : C - C T - I I : i i d 5 : : t - - $ 7 a - ii c C - T- u - r 5 E d - II E : 3 E : 2 t 5 ; - n .: 4 5 6 - - z 5 - : - rl i z 1 : C i - 8 ; 5 a u 2 3 5 - :’ ; k 5 - - 2 c 5 - 5 - rl C - rl ; ” 6 5 5 ii I 5 1 - 3 b ; - s z s: s Z 2 2 E m ‘5 a z .: 0 5 E 2 E f 8 bl a 8 E I” s .o tl I z z 5 .- [r E ‘C E a zf E kl m e m ‘5 a s 1 I 1 : : L c . E i E c 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /- - RESOLUTION NO. 97-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FINAL MAP FOR CARLSBAD TRACT NO. 94-03. AVIARA PLANNING AREA 15. WHEREAS, Olympus/SCH Housing No. 2, L.L.C., a Delaware Limited Liability Company, have submitted a Final Map known as Carlsbad Tract No. 94-03 to the City of Carlsbad for approval; and WHEREAS, the Tentative Map of Carlsbad Tract No. 94-03 with conditions, was approved by the Planning Commission on December 21, 1994, pursuant to Resolution Number 3735; and WHEREAS, the City Engineer has determined that said map substantially conforms to said conditionally approved tentative map; and WHEREAS, the conditions of approval for said Final Map have been completed or secured; and WHEREAS, the developer has offered General Utility and Access and Open Space easements for dedication to the City of Carlsbad; and WHEREAS, the Final Map conforms to the City of Carlsbad General Plan and all requirements of City Codes and Standards; and WHEREAS, the City Council of the City of Carlsbad determined it to be in the public interest to approve said Final Map. 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 said Final Map known as Carlsbad Tract No. 94-03 from Olympus/SCH Housing No. 2, L.L.C, a Delaware Limited Liability Company, which is on file with the City Engineer and is incorporated herein by reference, is accepted. 3. That the City accepts the dedications shown on the Final Map. . 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 - - 4. That the City Clerk is authorized to sign the Certificate of Acceptance on the Final Map. 5. That the City Clerk is authorized to cause the original Final Map to be recorded in the Office of the County Recorder of San Diego County, State of California. 6. That the City Clerk is authorized to release the map to First American Title Insurance Company for recording in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 18th day of MARCH , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall NOES: None ABSENT: None ATTEST: 6&&(. ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 - RESOLUTION NO. 97-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM DEED FOR A PORTION OF AN EXISTING OPEN SPACE EASEMENT, AVIARA PLANNING AREA 15. CT 94-03. PR 3.7.81 WHEREAS, Olympus/SCH Housing No. 2, L.L.C., a Delaware Limited Liability Company, have submitted a Final Map known as Carlsbad Tract No. 94-03 to the City of Carlsbad for approval; and WHEREAS, the Tentative Map of Carlsbad Tract No. 94-03 with conditions, was approved by the Planning Commission on December 21, 1994, pursuant to Resolution Number 3735; and WHEREAS, the City Engineer has determined that said map substantially conforms to said conditionally approved tentative map if a portion of an existing open space easement is quitclaimed; and WHEREAS, the developer has submitted the Quitclaim Deed to the City of Carlsbad; and the applicant is requesting that this portion be quitclaimed since an area of equal or greater quality habitat is being dedicated; and WHEREAS, the City Council of the City of Carlsbad determined it to be in the public interest to approve said Quitclaim Deed. 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 said Quitclaim Deed attached hereon is approved. 3. That the City Clerk is authorized to cause the original of the Quitclaim Deed to be recorded in the Office of the County Recorder of San Diego County, State of California. tit i/t 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 4. That the City Clerk is authorized to release the Quitclaim Deed to First American Title Insurance Company for recording in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 18th day of MARCH , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, KuIchin, Hall NOES: None ABSENT: None ATTEST: ALETHA L. RAUTEN (SEAL) . 0 _ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 MAIL TAX STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $m ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale Assessor’s Parcel No. 215-612-22 Project No. & Name: PR 3.7.81 CT 94-03 AVIARA PLANNING AREA 15 ( ) Unincorporated area: (x) 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 organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to: Olympus/SCH Housing No. 2, L.L.C., a Delaware Limited Liability Company, the following described real property in the City of Carlsbad, County of San Diego, State of California: an open space easement as described in EFhibit “A” consisting of one (1) page, attached hereto and made a part hereof. Exhibit “B” consisting of one (1) page is attached for clarity only. DATED March 20, 1997 (Maw) President By: (City Clerk) N.\MASTERS\FORMS\CORaUlES FRM Rev 6119195 EXHIBIT “A” LEGAL DESCRIPTION OPEN SPACE EASEMENT VACATION BEING A PORTION OF PARCEL 5 OF PARCEL MAP NO. 16451, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON APRIL 15, 1991, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 5, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY OF THE REMAINDER PORTION OF BLACKRAIL COURT AS DEDICATED PER MAP NO. 12412, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; FILED IN THE OFFICE OF THE COUNTY RECORDER ON JUNE 29, 1989, A PORTION OF WHICH WAS VACATED PER SAID MAP NO. 16451, SAID POINT ALSO BEING ON A 50.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 59”43’41” EAST (NORTH 59”43’ 12” EAST PER PARCEL MAP NO. 1645 1); THENCE FOLLOWING SAID RIGHT-OF-WAY SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41”16’49” A DISTANCE OF 36.02 FEET; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH . 72”21’26” WEST 3 1.77 FEET TO A POINT ON A NON-TANGENT 41 .OO FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID CURVE BEARS NORTH 4918’48” WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 107”54’38” A DISTANCE OF 77.22 FEET; THENCE NORTH 31524’10” WEST 23.10 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 5; THENCE EASTERLY ALONG SAID NORTHERLY LINE NORTH 85”13’25” EAST (NORTH 85”12’56” EAST PER PARCEL MAP NO. 16451) 81.32 FEET TO THE POINT OF BEGINNING. EXP. g/30/97 C.M.W.D. 94-507 - \% EXUl6lT “B”- S-EET I OF I +b 1-Q CJ E.2 NJlCAmS OpEN PA= -* 1:1:I:il:~:I:1:t:1:I:~~:~~:~:~~ E&L~~$C,,TION I.-‘::.: :~I+:~~:+:~:~:j . \ -5 ( 1 KWCATES RECORD “9 lNF=&RM.tITl~ 6z, PARCEL PARCEL 6 P.M. 16451 \ P.O.B. A- IO7’54’38’ R-41 .OO L-77.22’ / / J ,\ ..\,’ PARCEL 5 / PARCEL 4 / PARCEL MAP NO. 16451 / A.P.N. 215-612-22 GRAPHIC SCALE / 40 0 20 40 160 \ -. --- , 1 inch = 40 it LUNDSTROM & ASSOC. 5965 PACFIC Cacrw BLVD., STE. 703 I vu* JI~VC SLW-d~, CA 92121 619-450-1445 EASEMENT VACATION B I I70lB3.DWG OCTOBER I I, 1996 1 C.M.W.O. 94-507 April 2,1997 Attn: Larry Clemens Aviara 2011 Palomar Airport Road Suite 206 Carlsbad, CA 92009 Re: Final Map for Carlsbad Tract No. 94-3 - Aviara PA 15 The Carlsbad City Council, at its meeting of March 18, 1997, adopted Resolution No. 97-101, approving a Final Map for Carlsbad Tract CT 94-3, Aviara PA 15. Enclosed is a copy of Carlsbad City Council Resolution No. 97-l 01, for your files. s*Mc Assistant City Cler KRK:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808