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HomeMy WebLinkAbout2000-11-14; City Council; 15955; Aviara Phase III - Unit 1. 8 B a % f 2 d 0 ii 8 \ ‘\ \ ‘\ , Clcl Y OF CARLSBAD - AGENDA dLL hB# Is! %% TITLE: QUITCLAIM OF EXISTING RELINQUISHMENT OF ABUTTER’S RIGHTS OF MTG. 1 l/14/00 ACCESS FROM LOT 1 OF CT 92-03 DEPT. ENG I AVIARA PHASE Ill UNIT 1, PR 3.7.118 RECOMMENDED ACTION: MGR%@ Cl+ Adopt Resolution No. 2 000-S 3 6 approving a quitclaim of the relinquishment of abutters rights of access from Lot 1 of CT 92-03, Aviara Phase III Unit 1, in and to Ambrosia Lane. ITEM EXPLANATION: This is a request by Jefferson at Aviara, L.P., for the City to quitclaim the relinquishment of access rights in and to Ambrosia Lane from the JPI Apartments at Aviara. The access rights from both lots 1 and 2, which comprise the apartment site, in and to Ambrosia Lane were required to be relinquished with the approval of Unit 1 of the Aviara Phase III development. One access point was allowed to each of the lots. The access points were pre-determined by the developer. When JPI was chosen as the guest developer for this multi-family site, their design of the site moved the access point in lot 2. The approval of SDP 98-10 for the development of the site was conditioned to process a quitclaim of the relinquished access rights at the main entrance, and to relinquish the access rights at the northerly end of the project as originally dedicated. Today’s action will comply with the quitclaim portion of the condition. The relinquishment of the northerly access rights can be accomplished administratively and does not require council action. Engineering staff has reviewed the requested quitclaim. Staff recommends approval of the relinquishment of abutter’s rights of access quitclaim requested by Jefferson at Aviara, L.P. FISCAL IMPACT: None. EXHIBITS: 1. Location Map. 2. 3. Quitclaim Deed (original quitclaim deed at City Clerk’s office). Resolution No. am&33 6 approving a quitclaim of the relinquishment of abutter’s rights of access from Lot 1 of CT 92-03, Aviara Phase III Unit 1, in and to Ambrosia Lane. I ROJECT NAME RELINQUISHMENT OF ACCESS RIGHTS QUiTCLAiM By: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 11/Z/00 c: \DFVFI OPMFNNT PR~.~TCWP~~R~W PROJECT’ EXHIBIT NUMBER PR3.7.118 I - RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Jefferson at Aviara, L.P. CJO JPI Suite 160 8910 University Center Ln. San Diego, CA. 92122 THIS LINE FOR ( ) computed on full val ( ) Unincorporate or anized F61REVER Jefferson ,g P the following de& California: a relinqJ consistina of one Da one pageTs) is atta’chg DATED November 22, 200 (SEAL) WordMasters\Forms\Corp Quitclaim Deed of Easement Cily CT 92-3 AVIARA PHASE III UNIT NO. 5 P.R 3.7.118 EXHIBIT ‘A’ Legal Description for RELINQUISHMENT OF ACCESS RIGHTS QUITCLAIM THAT PORTION OF THE EASTERLY RIGHT-OF-WAY OF AMBROSIA LANE, HAVING A 120.00 FOOT ACCESS OPENING, OF LOT 1 OF CITY OF CARLSBAD TRACT NO. 92-03, AVIARA PHASE III, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 13434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 23,1997, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY TERMINUS OF CURVE ON THE CENTERLINE FOR AMBROSIA LANE OF SAID MAP, SAID POINT HAVING A 1200.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WITH A RADIAL BEARING OF SOUTH 47O19’40” WEST; THENCE LEAVING SAID POINT AND PROCEEDING NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12=‘43’3 1” AN ARC LENGTH OF 266.52 FEET; THENCE RADIAL TO SAID CURVE NORTH 60°03’12” EAST 30.00 FEET TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY OF AMBROSIA LANE. SAID POINT BEING ON A CENTERLINE OF SAID 120.00 FOOT ACCESS OPENING FOR LOT 1 OF SAID MAP. NORMAN S. KASUBUCHI DATE RCE 3 1829 EXP. 12-31-00 A.P.N. 215-080-26 -c ‘.., ‘\ \ w .‘, %> ‘t > ? l . . x. ‘, I 1 ‘~WTY22 ///////// INDICA TES Al3U TTEFiS’S RIGHTS OF ACCESS RELINQUISHED PER MAP 13434 w INDlCA~S RELlNQUiStihiENT OF ABUTlER’S RIGHTS OF ACCESS QUl TCLAMED HEREON -A- --A- -.---- __ _ EC END OF CURVE 74 y, +., f (R) RADIAL BEARING -\ I “.-r&ujg y&w,. .- t--Y CFN lIFR/ INF \ ‘9 Ki \ \. Y5 ,, QUITCLAM OF REUNQUlSHhiENT OF I % _*. ABUZcER’S RIGHTS OF ACCESS (r CCESS OPENING ON THE g Of z $ Et $ I”= 700’ 8 s P 9 100 -. 1 “=lOO ’ s DOCEM ROAD DEDICATED PER ‘l 0 100’ SDG&E ?J?ANc~~C~~~N i2 GWXSBAD TRACT NO. 92-3 AWAR PHASE Ill - UNIT NO. 5 -... - -... - .- -... .ILY”,\YLY 7, ‘V, UT s q BOOK 5207 PG. 161, 0. R. h‘l MP NO. 13465 ON 8-12-97, FWYRE A MARA PHASE 111 - UNIT 5 R.O.S. 10774 RELINQUISHMENT OF ACCESS RIGHTS QUITCLAIM oI;bmwm~sun,2115 L%gq ca 92?22-2w r(;nrlm-avkfmysw-am PPLICANT: PREPARED BY: 1 APPROVED BY: SHT, 1 OF 1 PR amQ3 NORMAN EXP. 12/31/2000 JPI, INC. 8910 UNNERSITY CENTER LANE SUITE 150 SAN OIEGO, CA, ,92122 PHONE: 619 458 1200 APN: BQO a3 215~ow-zs RCE 31829 wffo- 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 - RESOLUTION NO. 2000-336 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM DEED FOR THE RELINQUISHMENT OF ABUTTER’S RIGHTS OF ACCESS TO AMBROSIA LANE FROM THE JPI APARTMENTS AT AVIARA. WHEREAS, Jefferson at Aviara, L.P., has submitted a request for a quitclaim of the existing relinquishment of abutter’s rights of access from Lot 1 of CT 92-03 Aviara Phase Ill Unit 1 n and to Ambrosia Lane; and WHEREAS, the quitclaim is required as conditioned in the approval of SDP 98-10 for the development of the site; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public nterest to quitclaim said relinquishment of abutter’s rights of access in and to Ambrosia Lane; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Zalifomia, as follows: 1. That the above recitations are true and correct. 2. That the quitclaim deed quitclaiming the relinquishment of abutter’s rights of recess in and to Ambrosia Lane to the current property owner, which is on file in the City Clerk’s office and is incorporated by this reference; is approved. 3. That the Mayor is authorized to sign the original Quitclaim Deed and the City Clerk s authorized to cause the original Quitclaim Deed to be recorded in the Office of the County ?ecorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council reld on the 14th day of November ,200O by the following vote, to wit: Council Members Lewis, Hall, Finnila, and Nygaard er Kulchin 4lTEST: A &%w, . WOOD, City Clerk (SEAL)