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Home My WebLink About2001-02-13; City Council; 16044; Quitclaim Open Space Rancho Carrillo Village KCITY OF CARLSBAD -AGENDA BILL 9B# lb!044 TITLE: QUITCLAIM OF A PORTION OF AN EXISTING OPEN MTG. 2-13-01 SPACE EASEMENT LOCATED IN RANCH0 CARRILLO VILLAGES K & P. PR: 00-l 03/CT 97-03 DEPT. ENG RECOMMENDED ACTION: a CITY MGR. ADOPT RESOLUTION NO. &)a/ -33 APPROVING a quitclaim for a portion of an existing Open Space easement originally dedicated to the City of Carlsbad on Final Map CT 97-03 (Map Recordation No. 13799), recorded June 10, 1999, south of Palomar Airport Road and east of Paseo Valindo. ITEM EXPLANATION: This is a request by Continental Residential, Inc., a California Corporation, via a letter from Rick Engineering, dated August 31, 2000, and, the Ranch0 Carrillo Master Association, a California Nonprofit Mutual Benefit Corporation, to quitclaim the City’s interest in a portion of an existing Open Space easement, located behind recently developed residential lots at Ranch0 Carrillo Village’s “K & P.” The easement was originally dedicated to the City of Carlsbad as open space over the manufactured slope and open space area as part of the final map for Village’s “K & P.” The request will allow relocation of the existing rear property lines of the new residential lots into the quitclaimed Open Space easement so that the rear property lines match the as-graded top of slope lot conditions. The greatest encroachment occurs on Lot No. 127, at approximately 9.7 feet. All other encroachments into the quitclaimed Open Space easement are less than this amount. Quitclaiming this portion of the easement will alleviate any encroachment into the easement. Quitclaiming this minimal portion of the easement, is not a part of, and, will not impact overall Ranch0 Carrillo Open Space. Staff, therefore, has no objection to the requested quitclaim. ENVIRONMENTAL REVIEW: Environmental review was conducted with the Ranch0 Carrillo Master Plan and with the approved development project for Ranch0 Carrillo Village’s “K & P.” Since this portion of open space is not a part of the open space requirement of the Ranch0 Carrillo Master Plan, there are no additional environmental impacts and no additional environmental review is required. The quitclaiming of a portion of this easement does not effect the physical/environmental surroundings. A Notice of Exemption will be filed once the quitclaim is approved. FISCAL IMPACT: None EXHIBITS: 1. 2. 3. 4. Location Map. Resolution No. dc\3/ ; 33 approving a quitclaim for a portion of an existing Open Space easement originally dedicated to the City of Carlsbad on Final Map CT 93-04, Ranch0 Carrillo Village’s K & P. Quitclaim Deed. RICK ENGINEERING letter requesting quitclaim, dated August 31, 2000. ADvus~~P!!T- cmoFcf4lRu~ eem?xo rAFt=\L‘L (3 Am’sFmw mans LALwLhGE5 - ‘t; + ‘p” A?N 22k853-.%I THRU 27 Ah@ PF4 Go-lO3/CT 97-03 wNw-8s2-5a . RESOLUTION NO. 2001-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM FOR A PORTION OF AN EXISTING OPEN SPACE EASEMENT ORIGINALLY DEDICATED TO THE CITY OF CARLSBAD ON FINAL MAP CT 93-04, RANCH0 CARRILLO VILLAGES K & P. WHEREAS, this is a request by Continental Residential, Inc., a California Corporation, via 6 a letter from Rick Engineering, dated August 31, 2000, and the Ranch0 Carrillo Master 7 Association, a California Nonprofit Mutual benefit Corporation, to quitclaim the City’s interest in a 8 portion of an existing Open Space easement located behind recently developed residential lots at ’ Ranch0 Carrillo Village’s “K & P,” which was originally dedicated to the City of Carlsbad as part of lo the final map for Village’s “K & P”; and, 11 WHEREAS, the request is to minimally relocate the existing rear property lines of the new 12 residential lots into the Open Space easement so that the rear property lines match the as-graded 13 top of slope lot conditions; and, 14 WHEREAS, quitclaiming this portion of the easement will alleviate any encroachment into 15 the easement; and, WHEREAS, this portion of open space is not a part of the open space requirement of the 16 Ranch0 Carrillo Master Plan. 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 18 California, as follows: 19 1. That the above recitations are true and correct; 20 2. That the Quitclaim Deed conveying a portion of an existing Open Space easement 21 over a portion of APN 221-853-20 through 27 (Lot’s 125 through 132), to Continental Residential, 22 Inc., a California Corporation, located at 2237 Faraday Avenue, Suite 100, Carlsbad, CA 92008, 23 which is on file with the City Clerk and is incorporated by this reference, is approved; Ill 25 I// 26 /II 27 II/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 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 owners 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 13th day of February , 2001 , by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None ABSENT: None ATTEST /? A/ /’ I I’ *4;l.- WOOD, City Clerk City Records Management Department February 15,200l Office of the County Recorder P. 0. Box 1750 San Diego CA 921124147 Enclosed for recordation are the following described documents: Certificate of Compliance for Adjustment Plat Certificate of Compliance for Adjustment Plat Certificate of Compliance for Adjustment Plat Certificate of Compliance for Adjustment Plat Certificate of Compliance for Adjustment Plat Certificate of Compliance for Adjustment Plat Certificate of Compliance for Adjustment Plat Certificate of Compliance for Adjustment Plat Certificate of Compliance for Adjustment Plat Corporation Quitclaim Deed of Easement CT 97-03 Ranch0 Carrillo Continental Residential Villages “K” & “P” CE 0 l-0001 APN 22 l-853-20-00 /ADJ 00-12 CT 97-03 Ranch0 Carrillo Continental Residential Villages “K” & “P” CE 01-0002 APN 221-853-2 l-00 / ADJ 00-12 CT 97-03 Ranch0 Carrillo Continental Residential Villages “K” & “P” CE 01-0003 APN 221-853-22-00 /ADJ 00-12 CT 97-03 Ranch0 Can-i110 Continental Residential Villages “K” & “P“ CE 01-0004 APN 221-853-23-00 / ADJ 00-12 CT 97-03 Ranch0 Carrillo Continental Residential Villages “K” & “P” CE 01-0005 APN 221-853-24-00 / ADJ 00-12 CT 97-03 Ranch0 Carrillo Continental Residential Villages “K” & “P” CE 01-0006 APN 22 l-853-25-00 /ADJOO-12 CT 97-03 Ranch0 Carrillo Continental Residential Villages “K” & “P” CE 01-0007 APN 22 l-853-26-00 /ADJOO-12 CT 97-03 Ranch0 Carrillo Continental Residential Villages “K” & “P” CE 01-0008 APN 221-853-27-00 / ADJ 00-12 CT 97-03 Ranch0 Carrillo Ranch0 Carrillo Master Assoc. Villages Y’K” & “P” CE 0 l-0009 APN 22 l-852-58-00 / ADJ 00-12 CT 97-03 Ranch0 Carrillo Continental Residential Villages “k” & “P” PR 00-l 03 APN 22 l-852-58-00 1 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 @ The fees for recording these documents will be paid by the person presenting them for recordation. Thank you for your assistance with this matter. Debra DoerfJer City Clerk’s Office 2 1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 - (760) 434-2808 @ , RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $mJ$// ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale ( ) Unincorporated area: (x) City of Carlsbad, and Asse~~or’s Parcel No. 221-852-58-00 Project No. & Name: CT 97-03 Rartcho Carrfllo Viyages “K” & “P” PR 00-103 CORPORATION QUITCLAIM DEED OF EA&iiii FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carbbad, a Municipal Corporation or anized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitdaim to: Continental Residential, Inc., a California corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: a portion of open space easement as described in Exhibit “A” consisting of one (1) page, attached hereto and made a part hereof. Exhibit 3” consisting of two (2) page(s) is attached for clarity only. (SEAL) fb%/Lz~. Nr-I J-13-0/ 6/i/00 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof 75&7afip ( CH I SS. On 02 - ‘se 0 ’ , before me , , Date Name and Title of Officer (e.g.. “Jane Doe. Notary Public”) personally appeared c/dw4ac /i? - 44E~G. uM#Md/2 , Name(s) of Sigher(s) I dpersonally known to me Place Notary Seal Above to be the personw whose name(fl&= subscribed to the within instrument and acknowledged to me th m executed the same in @he&he+ authorized capacityw, and that by &&8&b& signaturewon the instrument the person)$ or the entity upon behalf of which the person$#j acted, executed the instrument. OPTIONAL Document Date: Number of Pages: Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General Cl Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1999 Natwnal Notary Asodafwn - 9350 DB soto Ave., P.O. Box 2402 - Chatswch. CA 91313-2402 * wm.natlonahota~ erg Prcd. No. 5h7 Rewde,: Cal, Toll-Free 1400-876-6827 ‘\ EXHIBIT “A” OPEN SPACE QUITCLAIM OF A PORTION OF LOT 156 P.R. 00-l 03 That portion of Lot 156 of Carlsbad Tract 97-03, Ranch0 Carrillo Villages “K & P” in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13799, filed in the Office of the County Recorder of San Diego County, June 10, 1999, more particularly described as follows: Beginning at the Northwest corner of said Lot 156; thence along the Northerly line of said Lot 156 South 70”04’49” East 1.38 feet; thence South 21”56’17” West 56.43 feet; thence South OO”29’08” East 8.28 feet; thence South 34”59’24” West 57.30 feet; thence South 01”11’40” West 9.70 feet; thence South 35”35’45” West 55.95 feet; thence South 02’29’14” East 7.63 feet; thence South 48” 18’53” West 58.84 feet; thence South 12’28’02” West 9.40 feet; thence South 51’30’29” West 56.21 feet; thence South 19”06’47” West 8.72 feet; thence South 56’16’36” West 56.04 feet; thence South 25”29’46” West 8.52 feet; thence South 61’37’54” West 56.18 feet; thence South 24”43’19” West 8.09 feet; thence South 68”49’58” West 57.24 feet; thence North 24”41’32” West 100.75 feet to the Westerly line of said Lot 156 and the beginning of a non-tangent 530.00 foot radius curve concave Northwesterly, to which a radial line bears South 23”46’48” East; thence along said Westerly line the following courses: Northeasterly along the arc of said curve through a central angle of OO”O8’41” a distance of 1.34 feet; thence South 23’55’29” East 100.01 feet; thence North 66”01’39” East 16.55 feet; thence North 63’03’57” East 46.70 feet; thence North 57’37’44” East 63.23 feet; thence North 51’29’41” East 63.21 feet; thence North 46”10’50” East 63.79 feet; thence North 43”00’27” East 63.94 feet; thence North 30”41’51” East 64.19 feet; thence North 30’41’51” East 64.22 feet; thence North 20”32’12” East 56.39 feet to the Point of Beginning. Containing 0.028 acres, more or less. jb/l3236.006 N LEGAL DESCRP~ON Ex.Hl8lr “6” SX4EU/Uf 2 LDTS 12!5-I32 AND 156 OF CARLSBAD TRACT 97-03. RAUCHO CARRIUO VILLAGES ‘K & P’, MAP 13799 BASIS OF BUIR’NGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE NORTHERLY fi~EwO~w~&56 OF MAP 13799. . . SCALE I’= 50’ WClNl7YMAP NO SCALE s N 3 /2d ” WN 221-853-23 / APN 22l-853-24 154 A?N 22I-852-58 - N24-43’1YE A PORTION OF OPEN SPACE EASEMENT IN L.OT I56 TO BE WTCLAJMELL AREA - 01128 ACRES (RI INDICATES RADIAL BEARING RICK ENGINEERING COMPANY CIVIL ENGINEERS~SURVEYORS*PLANNERS 5620 FRIARS ROAD, SAN DIEGO CA. 92110-2596 PHONE: (619) 291-0707 PROJECT NUMBER: I3236 DATE1 SEPTEMBER I, 2000 PUT TO /LLUSTR4 TEPORTION Of OPEN SPACE E4SEMENT CR’ TED BYMAP 73799 OVER LOT 156, TO BE QU.fTCLA/MEU TO KEfLEc7 PROPOSED LOT L/NEAD/USTMENT - uYHIB/T W” SHER 2 Of 2 SCALE I’= 50’ CJ4r?LSL7AD m!Acr 77-m fzA~YCJw7 CAr?r?ILLO YfLLAGES “iY d P’ MA? iYU4 /3794 APN 22/-853-B APN 22-853-22 AF’N 221-853-23 APN 22I-852-58 ilCK ENGINEERING COMPANY :IVlL ENGINEERS~SURVEYORS~ PIANNERS PLA T TO lLLUSTE4 TE PORT/ON OF OPEN SPACE LXSEMEiW CRH TED 5620 FRIARS ROAD, SAN DIEGO :A. 92110-2596 PHONE: (619) 291-0707 BYMP 73799 OVEK LOT 756, TO BE QUIJCLAIMED TO REFLECJ ‘ROJECT NUMBERS I3236 PROPOSED LOT L/NEAD/USTMEAfT IATE: SEPTEMBER I. 2000 5620 Friars Road RICK ENGINEERING COMPANY San Diego, CA 921 lo-2596 Tel: (619) 291-0707 Fax: (619) 291-4165 wwwrickengxom August 3 1,200O Mr. Mike Shirey City of Carlsbad - Engineering Department 1635 Faraday Avenue Carlsbad, California 92009 SUBJECT: CARLSBAD TRACT NO. 97-03, RANCH0 CARRILLO VILLAGES “K & P” (RICK ENGINEERING COMPANY JOB NUMBER 13236) Dear Mike: I am writing this letter to request the boundary adjustment and open space quitclaim to Carlsbad Tract No. 97-03 Ranch0 Car1410 Villages “K and P”. This adjustment is to match as-built slopes and rear yard walls. If you have any questions please do not hesitate to give us a call. Sincerely, RICK ENGINEERING COMPANY RB/jb/13236.001 cc: Craig Kahlen, Rick Engineering Company C RECORDED REQUEST UF First American Title SUBDIVISION MAPPING DEPT. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. , 6986 DtlC L 2001-0097829 Carlsbad, CA. 92008 2001~0097829 SPACE ABOVE THIS LINE FOR RECORDER’S USE Feb 21s 2001 12=54 FP’i oFF1c1fx REmaS W DEW tlOI.HTY REIXRER’S OFFICE MEGORY ;iEWHr ~~RE~~R oci ‘No The undersigned grantor(s) dieclar$s): Documentary transfer t&x is $o.oOryu/ ( ) computed on rull v&e of property conveyed, or ( ) computed on futf value kss value of liens and encumbrances remaining at time of sale ( ) Unincorporated area: (x) City of Carlsbad, and Asses&&$ Parcel No. 221-852-58-00 Project No. &I Name: CT 97-03 Rancha @wr#to Wages “K” & “P” PF4 @I-?(?3 _ CORPORATION QUITCLAIM DEED OF tiASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Car&bad, a Municipal Corporation or 8 anired F under the laws of the State of California does hereby REM&E, RELEASE, AND REVER quitclaim to: Continentaf Residential, Inc., a California corporation the following described real property in the City of Cartsbad, County of San Diego, State of California: a portion of open space easement as described in Exhibit ‘A” consisting of one (1) page, attached hereto and made a part hereof. Exhibit “B” consisting of two (2) page(s) is attached for clarity only. Ward\Masters\Forms\Corp Quitclam Deed of Easement City (SEAL) ;. 619/00 3 - ALL-PURPOSE ACKNOWLEDGMENT 6987 State of California County of 75W a@% @ ( C K 1 ss. On o&f- ‘se 0 ’ , before me , I Date Name and Title of Officer (e.g., “Jane Doe, Notary Public’) personally appeared cId%-Gat J4 * &dG. Awkvd/2 Name(s) of Sigh(s) d personally known to me nv to be the personw whose name($U%e subscribed to the within instrument and acknowledged to me th m executed the same in @h&the+ authorized capacity&#, and that by &&B&I+& signaturelpron the instrument the personr, or the entity upon behalf of which the person$aj acted, executed the instrument. Place Notary Seal Above Document Date: Number of Pages: 0 individual q Corporate Officer - Title(s): 0 Partner- III Limited 0 General 0 Attorney in Fact q Trustee 0 Guardian or Conservator q Other: Signer Is Representing: 0 1999 Natimd Notary Aswciatiin - 9350 De Sota Ave., PO. Box 2402 - ChakwWm. CA 91313-2402 * w.tionakwlsy.wg Rmrder: call TOl-Free 1-800-876-6827 698% EXHIBIT “A” OPEN SPACE QUITCLAIM OF A PORTION OF LOT 156 P.R. 00-l 03 That portion of Lot 156 of Carlsbad Tract 97-03, Ranch0 Carrillo Villages “K & P” in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13799, filed in the Office of the County Recorder of San Diego County, June IO, 1999, more particularly described as follows: Beginning at the Northwest corner of said Lot 156; thence along the Northerly line of said Lot 156 South 70”04’49” East 1.38 feet; thence South 21”56’17” West 56.43 feet; thence South OO”29’08” East 8.28 feet; thence South 34”59’24” West 57.30 feet; thence South 01”11’40” West 9.70 feet; thence South 35”35’45” West 55.95 feet; thence South 02”29’14” East 7.63 feet; thence South 48’18’53” West 58.84 feet; thence South 12’28’02” West 9.40 feet; thence South 51’30’29” West 56.21 feet; thence South 19’06’47” West 8.72 feet; thence South 56”16’36” West 56.04 feet; thence South 25’29’46” West 8.52 feet; thence South 61”37’54” West 56.18 feet; thence South 24”43’19” West 8.09 feet; thence South 68’49’58” West 57.24 feet; thence North 24’41’32” West 100.75 feet to the Westerly line of said Lot 156 and the beginning of a non-tangent 530.00 foot radius curve concave Northwesterly, to which a radial line bears South 23”46’48” East; thence along said Westerly line the following courses: Northeasterly along the arc of said curve through a central angle of OO”O8’41” a distance of 1.34 feet; thence South 23”55’29” East 100.01 feet; thence North 66’01’39” East 16.55 feet; thence North 63”03’57” East 46.70 feet; thence North 57”37’44” East 63.23 feet; thence North 5 ‘l”29’41” East 63.21 feet; thence North 46”10’50’ East 63.79 feet; thence North 43’00’27” East 63.94 feet; thence North 30’41’51” East 64.19 feet; thence North 30”41’51” East 64.22 feet; thence North 20’32’12” East 56.39 feet to the Point of Beginning. Containing 0.028 acres, more or less. jbIl3236.006 - - ~ N LEGAL DESCRIPTiON EIxHmlT”8” 6989 SHE~/UfZ LOTS 125-132 AND t56 OF CAJUSBAD TR/ZT 97-03, RAMHO CARRIW VILLAGES ‘K & P’, MA? 13799 BASIS Of= BELF?/NGS THE BASIS OF BEARINGS FOR THIS PlAT IS THE NORTHERLY ff;EwO;w~&. OF MAP 13799. . . so a SCALE I’= 50’ WCliVlTYMAP NO SCALE ~7LRI; F7 1 PORTION OF OPEN SPACE EASEMENT IN LOT IS6 TO BE QlJlTCL4MED. AREA - 01728 ACRES (RI INDICATES RADfAL BEARING f’ OO- 703/&--%-- V RICK ENGINEERING COMPANY CIVIL ENGINEERS~SURVEYORS~PLANNERS PU T TO /LLUSTm TE PORT/ON Of OPEN SPACE GISEMENT CRi5l TED 5620 FRIARS ROAD, SAN DIEGO CA. 92110-2596 PHONE: (619) 291-0707 BYMAP 73799 OVER LOT 756, - TO BE QU/T%LA/MED TO REFLECT PROJECT NUMBERa I3236 ?UO#SED LOTL/NEAD/USTMENT 1 DATE8 SEPTEMBER I, 2000 EXHIBIT “B” &no SHEflZ Of2 SCALE I’= 50’ I 0’ I Kx? utuirvrvrrvu Hr. * CAA’LSEIAD TE’ACT 47-03 RAJYcH~ CAS?/?/LLO YfLLAGEs “f< 2 P” 8 ’ MAP JYO, 13799 2 I sT]zbq /26 4 / APN 221-853~2l ,$‘,$j 127 / APN 221-853-22 A?N 22/-852-58 123 ‘/ A APN a-853-23 c. J29 A?N a-853-34 iICK ENGINEERING COMPANY 3VlL ENGINEERS=SURVEYORS~PLANNERS 5620 FRIARS ROAD, SAN DIEGO :A. 92110-2596 PHONEz (619) 291-0707 ‘ROJECT NUMBERI 13236 3ATEm SEPTEMBER I. 2000 PR 00-703 PUT TO fLLUSTWl TE PORT/ON Of OPEN SPACE t%SEMENT CRH TED BYMP 73799 OVER LOT 756, TO BE QUITCUIMED TO REFLECT PROPOSED LOTLfNEAD/CSTMENT September 25,200l Continental Residential, Inc. 2237 Faraday Ave., Ste 100 Carlsbad CA 92008 RE: Corporation Quitclaim Deeds of Easement On February 13,200l the Carlsbad City Council adopted Resolution No. 2001-33 approving and authorizing the execution of a quitclaim deed for a portion of an existing open space easement located in Ranch0 Carrillo Villages K & P. PR: OO-103/CT 97-03 This document have been executed by the City and recorded by the County Recorder’s Office and are enclosed for your records. Please feel free to call our offices at the number below if you have any questions. Sincerely, Debra Doerfle Senior Office Specialist Office of the City Clerk Enclosures (5) 1200 Carlsbad Village Drive l Carlsbad, CA 92008-I 989 * (760) 434-2808 CB