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HomeMy WebLinkAbout2000-10-24; City Council; 15940; Sewer Easement Quitclaim on CRC Lot 12 (PR 00-45)1 - Cl,; OF CARLSBAD -AGENDA tiL df75J AB# s,qL\o TITLE- L DEPT. HD. SEWER EASEMENT QUITCLAIM ON 4= MTG. 1 O/24/00 CRC LOT 12 (PR 00-45) CITY Al-l-Y. &I2 ’ FNT: ZBD CITY MGR I RECOMMENDED ACTION: Adopt Resolution No. $1300 -32 7 approving and authorizing execution of a corporation quitclaim deed of easement for sewer purposes over a portion of Lot 12 of Map No. 10330 to DSK CARLSBAD PARTNERS, a California Limited Liability Company, as owner. ITEM EXPLANATION: This item is a request of DSK CARLSBAD PARTNERS, a California Limited Liability Company, owner of Lot 12 of Map No. 10330, described in a Deed of Trust per file number 1998-0849946, recorded in the San Diego County Recorder’s Office on the 28th of December 1998. The easement was originally granted to the City of Carlsbad Research Center, a California General Partnership, per Map No. 10330 recorded February 18, 1982. The easement was originally required to encompass a temporary 8-inch sewer force main located between Priestly Drive and El Camino Real. The force main has since been abandoned as gravity sewer mains were installed to serve the nearby properties. The existing sewer easement granted per Map No. 10330 is no longer necessary and should be quitclaimed to the owner. I ENVIRONMENTAL REVIEW: The Planning Director has determined that this item is exempt in accordance with CEQA Guidelines Section 15061 (b)(3) (the “General Rule”). The activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. I FISCAL IMPACT: This item has no fiscal impact. The abandoned easement was granted to the City for a no cost acquisition of the property and the City will quitclaim the abandoned easement for a no cost return of the property. The owner has paid the standard $410 fee for processing of this quitclaim. EXHIBITS: 1. 2. 3. Location Map. Corporation Quitclaim Deed of Easement. Resolution No. mo approving and authorizing execution of a corporation quitclaim deed of easement ror sewer purposes over a portion of Lot 12 of Map No. 10330 to DSK CARLSBAD PARTNERS, a California Limited Liability Company, as owner. - CITY OF OCEANSIDE ‘ROJECT NAME QUITCLAIM OF EASEMENT ON ‘NReMJBEEcRT EXH’B’T CRC LOT 12, CT99-17 PROO-45 7 v By: scorr EVANS. CARLSBAD ENGINEERING DEPT. lo-lo-00 C: \DEKU.FMENT PROJECTS\pRC&45,DWC RECORDING REQUESTED BY DSK Carlsbad Partners, LLC WHEN RECORDED MAIL TO: DSK Carlsbad Partners, LLC 3838 Camino Del Rio North Suite 300 San Diego, CA. 92108 SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) dw%#s): Documentary transfer tax Is @A “)pd ( ) computed on fult K&I% of propelty conveyed, or ( ) computed on fuff value &ss value c# tiens and encumbrances rwnainkig at time of We ( ) UnincorpoMed ww: (x) C&y of CMsb%d, and AssesswrJi; Parcel No. 212-062-04 ProjM No. 4% Wame: CT 99-l 7 CFyC Lot 12 PI? 004?& C~N~P~R~~TION QuiTctAwm DEED OF ms FOR A VALWBLE CONSIDERATION, receipt of which is hereby a&r@wkdged, City of Cartsbad, a Municipal Corporation or an&@ ur&W the laws of the State of California does hereby REMISE, RELEASE, AND F8REVER quit&in to: DSM C&%&ad Partnerq a California Limited Li&Wity Cornparry the folIowIng de&~6ed real property in the City of Carlsbad,, Count California: a is&%% eaeement as described in Exhibit “A” conWti~ o if of San Diego, State of I page, attached hereto and made a part hereof. Exhibit “B” consisting of 2 pages Is attached for ctarity only. NardWasters\Forms\Corp Quitclaim Deed of Easement City (SEAL) 6/l/00 PR 00-45 EXHIBIT "A" SEWER EASEMENT QUITCLAIM APRIL 18, 2000 JOB NO. 99-1030 A PORTION OF LOT 12 OF CARLSBAD TRACT NO. 81-10 UNIT NO. 1 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 10330 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 18, 1982, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 12; THENCE SOUTH 51°47'50" WEST,. ALONG THE SOUTHERLY LINE OF SAID LOT 12, 96.80 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 700.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28'51'39" AN ARC DISTANCE OF 352.60 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 12, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 70.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 68'28'49" EAST; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13"00'16" AN ARC DISTANCE OF 15.89 FEET TO THE BEGINNING OF A NON-TANGENT 685.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH, A RADIAL LINE TO SAID POINT BEARS SOUTH 08"55'02" EAST; THENCE LEAVING SAID SOUTHWESTERLY LINE AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29'17'08" AN ARC DISTANCE OF 350.12 FEET; THENCE TANGENT TO SAID CURVE NORTH 51"47'50" EAST 96.80 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 12; THENCE ALONG SAID EASTERLY LINE SOUTH 38'12'10" EAST 15.00 FEET TO THE POINT OF BEGINNING. AREA= 6,718 SF W:\MSOFFICE\WINWORD\991030\SWRQUITCIA1M.doc LOT I.2 OF CARLSBAD RESEARCH CENTER SEWER GISEMENT QUITCLAM -mw- PROPERTY LINE -e--s- EXiS77MG BlSEMENT LINES t 1 RECORDED CM7A PER MAP lU3.30 u 7HE R4SlS Of Bi5lRlNG.S FOR 7iYl.S PLAT /S A PORTION OF 7iiE CENTERLINE OF PRIESTLY DR/K? AS SHOWN ON PARCEL MAP NO, 14258 /.E N52’24’34’w K PORTION OF LOT 12 OF c4RLSBAD 7RACT NO. 81-10 /N 7iYE C/7-Y OF CARLSBAD COUNm OF SAN OfEGO, S;TAZF Of CALFORNIA, ACCORDING JO MP 7FiEREQF NO. IO.330, FiLED IN 7HE OFXE OF THE COUNTY RECORDER OF SAN DIEGO COUN7-K FiZ’RUARY 18 1982. 5900 PDsflW court suilr 100 Ciil Etqiinahq Phni Corlrbed. Collhmb 920011 ProccsT “9 “9 760-931-7700 Sumyim) Fox:760-911~llbE0 REQUESTED BY: DSK CARLSBAO AspeN. 212-062-04 PARTNERS, LLC P.O. BOX 2156 . smm22 (R) -e- 685’ RAD. CUR@> h Amuc unwY PU!.~S PER MAP No. IO!0 JO BE VACAED ! I 5900 PodaIr court suxw loo Ccmhbod. CdHmi~ 92000 760-931-7700 Fox:760-93146BO Ci~inf;ginsrrinp Pmcca ny 9 Surying REQUESTED BY: DSK CARLSBAD SEWER EASEMENT QUITCLAIM SHT.2 (-‘jF 2 SHTS. 1 PREPARED SY: I PARTNERS, LLC P-0. BOX 2156 m PROO-45 ;;; o;;;4;;;;4. RANCH0 SANTA FE, CA 92067 R. , . 27214 XP. 3/31/01 )930PD3.dwa S-22-00 8:27:31 BII EST EXHIBIT ‘B’ SCALE: 1" = loo' City of Carlsbad Records Management Department November 3,200O Mr. Frank Sciacca DSK Carlsbad Partners, UC 3838 Camino De1 Rio North Suite 300 San Diego CA 92 108 Re: Sewer Easement Quitclaim on CRC Lot 12 The City of Carlsbad has approved Resolution 2000-327 approving and authorizing the execution of a corporation quitclaim deed of easement for sewer purposed to DSK CARLSBAD PARTNERS, LLC. A copy of this resolution is enclosed for your records. Also enclosed is the original CORPORATION QUITCLAIM DEED OF EASMENT that has been executed by the city and is ready for recordation. When you have received the Official Recorded document back from the Recorders office please send a copy to our offices: Attn: Debra Doerfler, Office of the City Clerk, 1200 Carlsbad Village Dr., Carlsbad CA 92008. If you have any questions please feel free to contact our offices at 760-434-2808. Sincerely, Debra Doerfl er Carlsbad City Cler Enclosures 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 @ 3 4 5 6 7 8 9 i0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2ccc- 327 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL AND EXECUTION OF A CORPORATION QUITCLAIM DEED OF EASEMENT FOR SEWER PURPOSES OVER A PORTION OF LOT 12 OF MAP NO. 10330 TO DSK CARLSBAD PARTNERS, A CALIFORNIA LIMITED LIABILITY COMPANY, AS OWNER. WHEREAS, DSK CARLSBAD PARTNERS, a California Limited Liability Company, owner of Lot 12 of Map No. 10330, described in Deed of Trust per file number 1998-0849946, recorded in the San Diego County Recorder’s Office on the 28’” of December 1998, has submitted a request for approval and execution of a corporation quitclaim deed of a sewer easement granted to the City of Carlsbad by Carlsbad Research Center, a California General Partnership, per Map No. 10330 recorded February 18, 1982, since the 8-inch sewer force main for which the easement was originally intended is abandoned due to the installation of gravity sewer main; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim said deed; 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 conveying a sewer easement lying within that portion of Lot 12 of Map No. 10330, described in a Deed of Trust per file number 1998-0849946, recorded in the San Diego County Recorder’s Office on the 28” of December 1998, within the City of Carlsbad, County of San Diego, State of California, granted to the City of Carlsbad no longer will be necessary since the 8-inch sewer force main for which the easement was originally intended is abandoned /If Ill ill Ill Iii Ill due to the installation of gravity sewer mains. 1 3. That the Mayor is authorized to execute the corporation quitclaim deed, and the 2 City Clerk is hereby authorized to cause the original deed to be returned to the owner, DSK 3 CARLSBAD PARTNERS, a California Limited Liability Company, 3838 Camino Del Rio North, 4 Suite 300, San Diego, California, 92108, to be recorded in the Office of the County Recorder of San Diego County, State of California. 5 6 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 7 held on the 24th day of October 9 2000 by the following vote, to wit: 8 AYES: Council Members Lewis, Nygaard and Kulchin (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28