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HomeMy WebLinkAbout2002-01-08; City Council; 16501; 3190 Quitclaim On Rancho Santa Fe Roadcl Y 0 a a n a CITY OF CARLSBAD -AGENDA BILL 4B# IlOSO~ TITLE: QUITCLAIM WITH RESERVATION OF EASEMENT FOR A PORTION OF EXISTING UITG. l/08/02 RANCH0 SANTA FE ROAD PROJECT NO. 3190 IEPT. ENG RECOMMENDED ACTION: Adopt Resolution No. m 2-01 ‘I approving a Quitclaim and Reservation of Easement for two parcels originally dedicated to the County of San Diego for road right-of-way. ITEM EXPLANATION: In 1987, the City Council made the decision to realign Ranch0 Santa Fe Road from La Costa Avenue to Melrose Drive. In order to accomplish this realignment it is necessary to acquire additional right-of-way for the realigned road. The 1998 Ranch0 Santa Fe Road Agreement between the City of Carlsbad and Real Estate Collateral Management Company (“RECM”), signed as of February 3, 1997, provides for the dedication of the right-of-way for the realignment and widening of Ranch0 Santa Fe Road by RECM in exchange for the City vacating the old Ranch0 Santa Fe Road right-of-way and causing title to be transferred to RECM when such old right-of-way is no longer necessary for City purposes. The City of Carlsbad acquired fee title to two parcels of road right-of-way by way of annexation of a portion of the La Costa area from the County of San Diego in the late 1970’s. These two Parcels are identified as Parcel 66398A and Parcel 66398B per document recorded February 16, 1967 as file/page 21426 O.R. (the “PARCELS”). In order to clean up title issues relating to the final map currently being processed on the RECM property, CT 99-04, staff determined it appropriate to transfer title to the PARCELS to RECM at this time rather than wait till the roads are vacated. Transfer of title at this time will also provide for a clean take of new right-of-way for the realignment and widening of Ranch0 Santa Fe Road. FISCAL IMPACT: There is no fiscal impact to the City of Carlsbad. The value of the parcels of land to be returned to RECM is deemed equal in value to the easements to be dedicated by RECM for the realigned Ranch0 Santa Fe Road. ENVIRONMENTAL IMPACTS: The City Council, at their meeting on June 2, 1992 passed Resolution No. 92-152 certifying EIR No. 91-l. The City Council atjheir meeting on April 25, 2000 passed Resolution No. 2000-l 28 approving Addendum No. 2 to the Final EIR for Ranch0 Santa Fe Road Realignment. This EIR covers the realignment and widening of Ranch0 Santa Fe Road from La Costa Avenue to Melrose Drive. EXHIBITS: 1. Location Map for Ranch0 Santa Fe Road Realignment and Widening, Phase 1, Project No. 3190. 2. Resolution No. 206 2 -0 / 1 approving a Quitclaim and Reservation of Easement for two parcels originally dedicated to the County of San Diego for road right-of-way. 3. Quitclaim Deed. LOCATION MAP CllYOFOCEIlmDE NOT Ti, SCALE PROJECT NAME RANCH0 SANTA FE ROAD EXHIBIT TRUCK BYPASS 1 . ..-. I . . . . - -.a-. . . ..^ -0-s A” ,a* ,-a - .^.^.d.. . ..I . . . . . . -..-a . ..^.-^..- 2 I”,IJ,“I c pwr~yitwnci\~~uw twhuulllj > ‘.s- i : If.+ x fi -, ! 1 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. 2002-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM AND RESERVATION OF EASEMENT FOR TWO PARCELS ORIGINALLY DEDICATED TO THE COUNTY OF SAN DIEGO FOR ROAD RIGHT-OF-WAY. WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary and in the public interest to quitclaim the two parcels identified as a portion of Parcel 66398A and Parcel 66398B per document recorded February 16, 1967 as file/page 21426 O.R. (the “PARCELS”) originally dedicated to the County of San Diego for road purposes; and WHEREAS, Carlsbad is the successor in interest to the County of San Diego for the PARCELS by way of annexation; and WHEREAS, The City Engineer has determined that retention of public road and public utility easements over the PARCELS currently owned in fee by City, shown on Exhibits “A” and “B” attached hereto and made a part hereof, serves the City’s need for use of the parcels for public road and utility use; and WHEREAS, The 1996 Ranch0 Santa Fe Road Agreement, entered into between the City and Real Estate Collateral Management Company (“RECM”) provides for the dedication of the right-of-way for the realignment and widening of Ranch0 Santa Fe Road by RECM in exchange for the City vacating the old Ranch0 Santa Fe Road right-of-way and causing title to be transferred to RECM when such old right-of-way is no longer necessary for City purposes; and WHEREAS, RECM is currently processing a final map for CT 99-04, the City Engineer has determined it appropriate to transfer title for the PARCELS at this time to clear up title issues relating to the final map; WHEREAS, the City of Carlsbad and RECM have jointly agreed that the value of the parcels to be quitclaimed to RECM is equal in value to the easements to be dedicated by RECM for the realigned Ranch0 Santa Fe Road. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 24 25 26 27 28 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 and Reservation of Easement Deed conveying a portion of Parcel 66398A and Parcel 66398B per document recorded February 16, 1967 as file/page 21426 O.R. to Real Estate Collateral Management Company which is on file -with the City Clerk and is incorporated by this reference; is approved. 3. That the Mayor is authorized to execute the original Quitclaim and Reservation of Easement Deed and the City Clerk is hereby authorized to cause the original Quitclaim and Reservation of Easement Deed to be released to the property owners to be recorded in the office of the County Recorded of San Diego County. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council leld on the 8th day of JANUARY 8 2002 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall Page 2 of Resolution No. 2002-011 (SEAL) RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: RECM 1903 Wright Place, Suite 180 Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: Space above this line for Recorder’s Use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ ( OO.O&- ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and Assessor’s Parcel No. 223-050-67-00 Project No. & Name CT 99-04 Villages of La Costa, The Oaks PR 01-65 encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CITY OF CARLSBAD ws Robert W&k QUITCLAIM DEED AND RESERVATION OF EASEMENT CITY OF CARLSBAD, a Municipal Corporation, organized under the laws of the State of California, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to Real Estate Collateral Management Company, a Delaware corporation, all right and title in the property described in Exhibits “A” & “B”, consisting of three pages, which are attached hereto and made a part hereof (the “Property”), while reserving unto the City of Carlsbad, and its successors in interest, an easement for PUBLIC STREET AND PUBLIC UTILITY PURPOSES over, under and across the Property. (%-m-w// , 2003 ,@ a&bad, California APPROVED AS TO FORM: RONALD-R. BALL, CITY ATTORNEY (Notarial acknowledgement of execution of Grantor must be attached.) C&y Attorney Approved Version 09.06.01 State of California County of On personally appeared Name(s) of Signer(s) ti personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(e) whose name(+) is/are subscribed to the within instrument and acknowledged to me that he/&e/they executed the same in his/be&b& authorized capacity(iesj, and that by his/he&keir signature(e) on the instrument the person@), or the entity upon behalf of which the person@+ acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above OPTIONAL 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 Attach Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer’s Name: q Individual 0 Corporate Officer - Title(s): q Partner - 0 Limited q General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator q Other: Signer Is Representing: 0 1999 Nalnnal Notary Association * 9350 De Sot0 Ave.. PO. Box 24W + Chatsworth. CA 91313-2402 - wwwnat~analnotary otg Prod. NO. 5907 Reorder: Call Tc+Free t-800-876-6827 EXHIBIT “A” LEGAL DESCRIPTION QUITCLAIM AND RESERVATION OF EASEMENT PR 01-65 PARCEL “A” THAT PORTION OF PARCEL 66398-A AND ALL OF PARCEL 66398-B OF GRANT DEED TO THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED ON FEBRUARY 16, 1967 AS -FILE NO. 21426 OF OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORDED ON DECEMBER 15,1989 AS FILE NO. 89- 680019 OF OFFICIAL RECORDS, SAID POINT BEING THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE BEING NORTH 41”28’22” WEST, 62.99 FEET AND SHOWN AS (NORTH 41°31’39” WEST, 63.00 FEET- RECORD PER SAID PARCEL “A”), SAID POINT ALSO BEING ON A NON-TANGENT 2400.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 41”32’41” WEST (NORTH 41’31’39” WEST - RECORD PER SAID PARCEL .A”) ; THENCE SOUTHWESTERLY ALONG SAID CURVE AND THE NORTHERLY BOUNDARY OF SAID PARCEL “A” THROUGH A CENTRAL ANGLE OF 07”35’06” AN ARC DISTANCE OF 317.72 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF SAID PARCEL 66398-A, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE AND THE PROJECTION OF SAID BOUNDARY, SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 08”18’51’ AN ARC DISTANCE OF 348.26 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL “A”, A RADIAL FROM SAID POINT BEARS NORTH 25’38’44” WEST (NORTH 25”35’16” WEST - RECORD PER SAID PARCEL “A”), SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY OF SAID PARCEL 66398-A AND A NON-TANGENT 1170.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 31’24’58” WEST; THENCE LEAVING SAID 2400.00 FOOT RADIUS CURVE, AND FOLLOWING THE WESTERLY, NORTHERLY AND EASTERLY BOUNDARY OF SAID PARCEL 66398-A, NORTHEASTERLY ALONG SAID 1170.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 65”28’46” AN ARC DISTANCE OF 1337.11 FEET; THENCE NORTH 83”06’16” EAST 60.00 FEET TO A POINT PAGE 1 OF 2 :GM M:\2352\12\legal descriptions\aOl - RSFR QuitclaimPCL-A.doc WO 2352-12 IO/l/O1 ON A NON-TANGENT 1230.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 83”06’16” WEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18”11’42” AN ARC DISTANCE OF 390.60 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 66398-B, SAID CORNER ALSO BEING THE BEGINNING OF A NON-TANGENT 470.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID CORNER BEARS SOUTH 87”41’04” WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND THE EASTERY BOUNDARY OF : SAID PARCEL 66398-B THROUGH A CENTRAL ANGLE OF 41”21’12” AN ARC DISTANCE OF 339.22 FEET; THENCE TANGENT SOUTH 39”02’16” WEST 19.40 FEET TO THE SOUTHERLY CORNER OF SAID PARCEL 66398-B AND A POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL 66398-A, SAID POINT ALSO BEING ON A NON-TANGENT 1230.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 62”20’08” WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND THE EASTERLY BOUNDARY OF SAID PARCEL 66398-A THROUGH A CENTRAL ANGLE OF 14”29’36” AN ARC DISTANCE OF 311 .I4 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1.729 ACRES MORE OR LESS. HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :GM M:\2352\12\legal descriptions\aOl - RSFR QuitclaimPCL-A.doc ‘NO 2352-12 10/1/01 QUITCLAIM & RESERVATION OF EASEMENT 200 0 200 400 600 RIGHT- OF- WA Y GRANTED TO THE COUNTY OF SAN D/EGO PARCEL 66398-A PARCEL 66398-B PARCEL “B” OF FILE NO, BQ-6800-M PAr?CEL “A” OF ---- N25'05'22"W(R)(123 FILE No, El!+68OCHG AREA = 1.729 ACRES 6r ASSOCIATES SAN DIEGO, INC PLANNING 10179 H-kens St Suite 200 (REC) - INDICATES RECORD DATA PER ENGINEERING San O&o. Ca 92121 DOC. REC. 12-l 5-l 989, AS F/P. SURVEYING PH(858)SS8-4500. FX(858)558.1414 N.T.S. 89-680019, O.R. R\O261\dA7p\W RSFFRdwg SHEET 1 OF 1 PLAT - C/N OF CARLSMD PPLICANTZ ‘=REPARED By: PROJECT: A.P.N.: VILLAGES OF LA COSTA 2300 ALGA ROAD CT 99-04 223-050-67,70 CARLSBAD, CA 92009 (760) 929-2701 EXP. 12/31/01 PR.OI-65 EXHIBIT "B"