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HomeMy WebLinkAbout1999-04-13; City Council; 15134; Quitclaim APN 255-273-12 Arroyo La Costa. c’ .i k Ch f OF CARLSBAD - AGENDAiLL I I 4B# /c/3+ TITLE- . QUITCLAIM OF EXISTING COVENANT FOR #TG. 4/l 3199 EASEMENT LOCATED ON LOT 479 OF MAP 13388, DEPT. ENG ARROYO LA COSTA, CT 88-03, APN 255-273-i 2 PR 3.7.115 CITY MGR: RECOMMENDED ACTION: Adopt Resolution No. 99-123 approving a quitclaim for a Covenant for Easement recorded as a condition of approval of Arroyo La Costa, CT 88-03, Unit No. 2. ITEM EXPLANATION: This is a request by Villages of La Costa Southwest to quitclaim the City’s interest in a Covenant for Easement located on Lot 479 of Map 13386 located in Unit 2 of Arroyo La Costa, CT 88-03. The Covenant for Easement was required to provide for access to Lot 484 of Map 13386. Lot 484 was designated for a child care center. Villages of La Costa processed and recorded a boundary adjustment to adjust the location of Lot 484. A new Covenant for Easement has been processed and recorded to provide access to the relocated Lot 484 (the child care center). As a result the original Covenant for Easement is no longer necessary and staff recommends that Council approve the quitclaim request by Villages of La Costa Southwest. ENVIRONMENTAL REVIEW: None. FISCAL IMPACT: None. EXHIBITS: 1. Location Map. 2. Quitclaim Deed. 3. Resolution No. 9WJ3 approving a quitclaim for a Covenant for Easement recorded as a condition of approval of Arroyo La Costa, CT 88-03, Unit No. 2. I ‘ROJECT NAME CT 66-03-2 QUITCLAIM OF PROJECT EXHIBIT EXISTING COVENANT FOR EASEMENT ;;,;.;;s I fh BY’ SCOTT EVANS, CARLSBAD mDEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Villages of La Costa Southwest, LLC PO Box 9000-266 Zarlsbad, CA 92018-900( g THIS LINE FOR RECORDER’S USE ,r;Jsc.,. The undersigned grantor(s) dec Documentary transfer tax is ( ) computed on full v ( ) computed on full encumbrances the following des California: descr E;g;iEr of said co8 DATED April 20, 1999 U ATTEST: WASTERSIFORMSKORP QUITCLAIM DEED OF EASEMENT (SEAL) Rev. 5/15/97 h CALIFORNIA ALL-PiJRPOSE ACKNOWLEDGMENT State of California personally appeared Name(s) of Signer(s) dI+rsonally known to me Cl proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. , Place Notary Seal Above b gnalure of kotary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache Title or Type of Document: Q;, t&x& &d t$ &Ew-@d Document Date: 4 Signer(s) Other Than Named Above: Number of Pages: \ fh.d-hx L l i&dkr,Ymnz Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: m Top of thumb here 0 1997 National Notary Association - 9350 De Sdo Ave., P.O. Box 2402 - Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6827 . RESOLUTION NO. 99-123 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM FOR A COVENANT FOR EASEMENT RECORDED AS A CONDITION 4 OF APPROVAL OF ARROYO LA COSTA. CT 88-03. UNIT NO. 2 5 WHEREAS, Villages of La Costa Southwest has submitted a request for quitclaim of a 6 Covenant for Easement which was recorded as Document No. 1996-0636778 as a condition of 7 approval of Arroyo La Costa, CT 88-03, Unit No. 2 over Lot No. 479, in favor of Lot No. 484, of 8 Map 13386; and 9 WHEREAS, the City Engineer has approved a lot line adjustment between Lots 479 and 484 of Map No. 13386 which required a new Covenant for Easement; and 10 11 WHEREAS, a new Covenant for Easement has been recorded as Document No. 1998- 0388817 to comply with the adjusted lot lines between Lots 479 and 484; and 12 WHEREAS, said original Covenant for Easement is no longer needed to serve the I3 purpose originally intended; and 14 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 15 interest to quitclaim said Covenant for Easement. 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, ,7 California, as follows: 1. That the above recitations are true and correct. 18 2. That the Quitclaim Deed quitclaiming the City’s interest in a Covenant for Easement 19 per Document No. 1996-0636778 which is on file with the City Clerk and is incorporated by this 20 reference is approved. 2’ I// 22 ill 23 /it 24 I// 25 111 26 lJ1 27 “I I” 28 Ill 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 + 4 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 owner to be recorded in the office of the County Recorder of San Diego County, State of California. (SEAL) PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 13th day of April , 1999 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin . ATTEST- /o- ALETHA L. RAmENKRANZ, City Clerk > II 5 . City April 21,1999 Villages of La Costa Southwest PO Box 9000-266 Carlsbad, CA 92018-9000 Enclosed for your records are copies of City Council Agenda Bill No. 15,134 and Resolution No. 99-123. These documents went before the Carlsbad City Council on April 13, 1999, where the Resolution was adopted, approving a quitclaim of easement to your company. Also enclosed is the original fully executed Corporation Quitclaim Deed of Easement. To effectively show the change of ownership on all title reports and maps, this document must be sent to the San Diego County Recorder’s Office for recordation. The address is: San Diego County Recorder PO Box 1750 San Diego, CA 92112 You may also call them for information at : (619) 967-4636. If you have any questions regarding the transfer of ownership of this easement to you, please call Mr. Frank Jimeno in the City Engineering Department, at (760) 438-l 161 ext. 4501. Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive * Carlsbad, CA 92008-l 989 - (760) 434-2808 @