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Home My WebLink About1999-06-08; City Council; 15246; Rancho Carrillo Village CI. . A A - .n 4 CITY OF CARLSBAD -AGENDA BILL 47 /-y/f N u iB# TITLE: /+ 2% 6-8-99 QUITCLAIM FOR PORTIONS OF EXISTING CITY JITG. OF CARLSBAD OPEN SPACE EASEMENT LOCATED AT RANCH0 CARRILLO VILLAGE “C”, IEPT. ENG PR 99-33 RECOMMENDED ACTION: w W-o& DEPT. Hb. VC/ CITY ATTY. 22 l CITY MGR. m Adopt Resolution No. approving a quitclaim for portions of an open space easement 9?* ~24 originally dedicated to the City of Carlsbad at Ranch0 Carrillo Village “C”. ITEM EXPLANATION: This is a request by L & W Investments, Inc. for the City to quitclaim portions of an existing open space easement located at Ranch0 Carrillo Village “C”. The properties underlying the open space easement are all presently being developed. The open space easement was originally dedicated as part of the final map for Carlsbad Tract CT 97-02. The subject open space easement was delineated to follow the top of graded slopes for maintenance purposes by the homeowners association. The open space is not part of the City designated open space and it does not contain any habitat. During the grading operation, the top of the slopes were located as close to the designed location as grading precision allows. The quitclaim is necessary because the top of the slope as graded encroaches slightly into the open space easement. The total area of the encroachment is 1,133 square feet or 0.026 acres. The encroachment is shown graphically on Exhibit 1. Planning and Engineering staff has reviewed the requested quitclaim. Staff recommends approval of the open space quitclaim requested by L & W Investments, Inc. ENVIRONMENTAL REVIEW: None. FISCAL IMPACT: None. EXHIBITS: 1. Location Map. 2. 3. Quitclaim Deed Resolution No. 97-2~ approving the quitclaim for easement originally dedicated to the City of Carlsbad for open space. I - EA OF TCLAIM ROJECT NAME RANCH0 CARRlLLO VILLAGES ‘“A-D” PRoJECT EXH’B’T OPEN SPACE EASEMENT QUITCLAIMS ,$$$!j!~~ 1 BY: SCOTTEVANS CARL% 0 ENGINEER~N 0.p~. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: L & W INVESTMENTS, LLC. 2237 FARADAY AVENUE CAiUSSAD, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $m h/w ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale Assessor’s Parcel NO. $$-821-30,31,32, Project No. & Name: CT W-02, PR 99-33 RANCHO CARRLL~ VILLAGES “A - D” ( ) 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 or anized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to: L & W Investments, Inc., a California corporation the following California: described real property in the City of Cartsbad, County of San Diego, State of an open space easement over, under, upon and across the real pro erty as described in Exhibit “A consrstrng of one page attached hereto and made a pa Exhibit “B” consisting of one page is attached for clarity only. l-l hereof. DATED 6- !8- ci9 Lorraine M. Wood, Deputy City Clerk MASTERS/FORMS/CORP QUITCLAIM DEED OF EASEMEN Rev. S/15/97 (SEAL) 3 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 ss. * County of On personally appeared Name(s) of Signer(s) Rfpersonally known to me 0 proved to me on the basis of satisfactory evidence Place Notary Seal Above I I to be the person subscribed to tP whose narne(#@$- t e within instrument and , , t I the entity upon behalf of which the personti acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons re/ying on the documenl and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc+ument Title or Type of Document: ( ~ZJ r 00 rCr=h f Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: Z Individual 0 Corporate Officer - Title(s): 0 Partner - Cl Limited 0 General 0 Attorney in Fact Cl Trustee 0 Guardian or Conservator q Other: Signer Is Representing: 0 1997 Natmnal Notary Assoclat~on * 9350 De Solo Ave. P.0 Box 2402 - Chatsworth, CA 91313.2402 Prod No 5907 Reorder: Call Toll-Free 1-600-676-6627 m 1 b -A L-l - 5620 Friars Road San Diego RICKENG INEERING~ANY California 921 lo-2596 (619)291-0707 Legal Description J-l 31 11 QUITCLAIM FOR PORTION OF OPEN SPACE EASEMENTS LOTS 75 - 78 OF CARLSBAD TRACT 97-02, RANCH0 CARRILLO VILLAGES “A-D”, MAP NO. 13582 (CONTINENTAL) By: RB/jb.003 Date: February 17, 1999 TC Ref. co. 0rd.f No. Date Descr. Rev. By Page 1 of 1 EXHIBIT “A” PR 99-33 All of that portion of Lot 78 shown as open space easement on Carlsbad Tract 97-02, Villages “A-D”, Map No. 13582 in the City of Carlsbad, County of San Diego, State of California, on file in the Office of the San Diego County Recorder, together with those portions of Lots 75 through 77 shown as open space easement on said Map No. 13582 lying Northerly and Westerly of the following described line: Beginning at the Southwest corner of said Lot 77; thence South 78”22’15” East 46.21 feet; thence North 71’18’43” East 9.40 feet; thence North 58’50’04” East 72.67 feet; thence North 48’24’47” East 24.58 feet; thence North 25”58’14” East 100.52 feet; thence North 22’03’06” East 57.34 feet to the Northeast corner of said Lot 75, being the Point of Terminus. Area of portion of open space easement being quitclaimed: 0.026 acres, more or less. RE103 us.9 SHEET IOF I CAFm 1 1 c) -\ \/ J lJJG;Ea J1 A=flj -1 . --\ MA? 13582 75 I \ \ \ - b N%zF \ \ 1. I I I \ \ ‘,#Y / I I \ \ 76 I \ \ \* 79 8 \ NORTHERLY UNE OF \ m ,\ OPEN SPACE EASEMENT \ PER MAP 13582 -’ II i 31 PORTION OF OPEN I - \ TO BE OUTCLAiMED I LEGAL I THOSE PORTIONS OF LOTS 75-78 ! ~ OF CARLSBAD TRACT NO. 97-02 RANCH0 CARRlLLO VILLAGE ‘A-0. MAP NO. I3582 LEGEND IIU INDICATES PORTION OF OPEN SPACE EASEMENT TO BE OUITCUIMED BASIS OF BEARINGS THE BASIS OF BEARINGS IS THE WESTERLY UNE OF LOT 77 OF MAP 13582 I.E. N9’18’32W GRAPHIC SCALE I’= 40’ RICK ENGINEERING COMPANY CML ENGINEERS SURVEYORS l PLANNERS PUT TO UJSTRATE PORTION OF OpEN SPACE EmEj/E#T CREATED 5620 FRIARS ROAD, SAN DIEGO BY MAP I3582 TO BE OUKCbV4#ED CA. 92110-2596 PHONE3 (619) 291-0707 I PROJECT NUMBER, 13111 I I DATE8 247-99 I D J3lll/qcplatdgn 5 1 RESOLUTION NO. 99-206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM DEED FOR PORTIONS OF EXISTING OPEN SPACE EASEMENT ORIGINALLY DEDICATED TO THE CITY OF CARLSBAD AT RANCH0 CARRILLO VILLAGE “c”. WHEREAS, L & W Investments, Inc. has submitted a request for a quitclaim for portions 6 of an existing open space easement originally dedicated to the City of Carlsbad over a portion of 7 Ranch0 Carrillo Village “C”; and 8 WHEREAS, the open space is not part of the City designated open space and does not 9 contain any habitat; and 10 WHEREAS, the quitclaim is necessary because the existing location of the top of the 11 graded slopes encroach slightly into the open space easement; and 12 WHEREAS, the top of slope location delineates the homeowners association 13 maintenance responsibility; and 14 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim said portions of easements; 15 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 17 '1. That the above recitations are true and correct. 18 2. That the quitclaim deed quitclaiming portions of the existing open space easement 19 to the current property owner, which is on file in the City Clerk’s office and is incorporated by this 20 21 22 23 24 25 26 27 28 reference; /If Ill III /II f/i /II I// Ill is approved. 1 2 3 4 5 6 7 8 .9 10 11 12 13 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the Mayor is authorized to sign the original Quitclaim Deed and the City Clerk is authorized to cause the original Quitclaim Deed 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 8th day of June , 1999 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin NOES: None ATTEST: (SEAL) June 18,1999 1 & W Investments, LLC. Donald Mackay, VP 2237 Faraday Ave. Suite 100 Carlsbad, CA 92008 I QUITCLAIM OF OPEN SPACE EASEMENT - PR 99-33 I Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No. 15,246 and Resolution No. 99-206. These documents went before the City Council on June 8, 1999, where the Resolution was adopted, approving the quitclaim referenced above. Also enclosed is the original, and fully executed Corporation Quitclaim Deed of Easement. You will need to have this document recorded at the San Diego County Recorder’s Office. If you have questions concerning the quitclaim please contact Mike Shirey, in the Engineering Department at (760) 438-l 161 ext. 4388. Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive * Carlsbad, CA 92008-l 989 - (760) 434-2808 49