HomeMy WebLinkAbout2002-06-18; City Council; 16793; Approving Quitclaim of Existing Access Easement.B# 16,793
ITG. 6/18/02
IEPT. ENG
2- CITY OF CARLSBAD -AGENDA BILL A.p .
u: APPROVING THE QUITCLAIM OF
A PORTION OF AN EXISTING ACCESS EASEMENT
DEPT. HD.
ON LOT 102 OF MAP NO. 12815 OF CITY ATTY.
CARLSBAD TRACT 85-24
.
RECOMMENDED ACTION:
Adopt Resolution No. 2002-176 approving the quitclaim of a portion of an existing access
easement on Lot 102 of Map No. 1281 5 of Carlsbad Tract CT 85-24.
ITEM EXPLANATION:
The City was granted an access easement per Map No. 12815 per document No. 91-234162
recorded May 16, 1991.
The owner has requested the City quitclaim a portion of this easement to facilitate the construction
of a private maintenance structure. The portion to be quitclaimed is reflected in the attached
quitclaim deed (Exhibit 3). Staff has determined that quitclaiming a portion of the access easement
will not restrict or impede the City's ability to access and maintain the existing drainage facilities
adjacent to Faraday Avenue.
Staff recommends the City Council quitclaim a portion of the existing access easement.
FISCAL IMPACT:
The property owner is required to submit fees in accordance with the latest schedule of fees.
These fees cover City staff time for quitclaims.
EXHIBITS:
1. Location Map.
2. Adopt Resolution No. 2002-176 approving the quitclaim of a portion of an existing access
easement on Lot 102 of Map No. 12815 of Carlsbad Tract CT 85-24.
3. Quitclaim deed for a portion of an access easement on Lot 102 of Map No. 12815 of
Carlsbad Tract CT 85-24.
~ LOCATION MAP
\SITE
NOT TO SCALE
PROJECT NAME QUITCLAIM OF A PORTION OF AN ACCESS PROJECT EXHIBIT
NUMBER PDOO- 15 7 EASEMENT ON LOT 102 OF CT85-24
DRAW BY! SMTt EVANS. CARLSAD ENCYNEERING DEPT 5/28/02 C:\DEKLWUENT PRMCTS\WW-ldDffi
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RESOLUTION NO. 2002-176
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE QUITCLAIM OF A
PORTION OF AN EXISTING ACCESS EASEMENT ON LOT 102
OF MAP NO, 12815 OF CARLSBAD TRACT NO 85-24.
WHEREAS, an existing access easement was granted to the City of Carlsbad per
nap No. 12815 per document No. 91-234162 recorded on May 16, 1991, for the purposes of
naintaining drainage facilities adjacent to Faraday Avenue; and
WHEREAS, quitclaiming a portion of the existing access easement will not impede or
estrict the City's ability to maintain the drainage facilities as determined by the City Engineer; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
lterest to quitclaim said easement; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad.
Zalifornia, as follows:
1. That the above recitations are true and correct.
2. That the quitclaim deed releasing interest in the portion of the existing access
iasement on Lot 102 of Map No. 12815 Carlsbad Tract No. 85-24, which is on file with the
:ity Clerk and is incorporated by this reference, is approved
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3. That the Mayor is authorized to execute the quitclaim deed and the City Clerk is hereby
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 18th day of JUNE , 2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
ATTEST:
LORWINE'M. WOOD, City Clerk
Pnge 2 of 2 of Resolutior, No. 2002-176
(SEAL)
August 23,2002
Emerald Lake Corporate Center
1507 Faraday Ave
Carlsbad CA 92009
RE: CORPORATION QUITCLAIM DEED OF EASEMENT
Enclosed is the original QUITCLAIM DEED for the described easement related to CT 85-24.
This item was part of Carlsbad City Council Agenda Bill 16,793 passed by the Council on 6-18-
02.
As the City is quitclaiming property to Emerald Lake, this item should have been mailed directly
to your office, it was however incorrectly addressed and sent to our office.
If you have any questions related to this item please contact the staff member in the Engineering
Department with whom you worked with on this project.
Sincerely,
Debra Doerfler
Senior Office Specialist
Office of the City Clerk
Enclosures (1)
U
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
arlsbad, CA. 92008
arlsbad Village Dr.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(@ declare(s):
Documentary transfer tax is $o.oOq Assessor's Parcel No. 212-130-27
( ) computed on full value of property conveyed, or Project No. 8 Name: PD 00-15
( ) computed on full value less value of liens and Emerald Lake Corporate Centre
( ) Unincorporated area: (x) City of Carlsbad, and
encumbrances remaining at time of sale PR 02-32
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 F 8 REVER quitclaim to:
Emerald Lake Corporate Centre, LLC, a California Limited Liability Company
the following described real property in the City of Carlsbad, County of San Diego, State of California: a portion of an access easement as described in Exhibit "A consisting of 2 page(s), attached hereto and made a part hereof. Exhibit "B" consisting of 2 page(s) is attached for clarity only.
1TTESTi
977- &RAIN M. WOOD, City Clerk (SEAL)
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
ACCESS EASEMENT QUITCLAIM
EMERALD LAKE CORPORATE CENTER
THAT PORTION OF LOT 102 OF CARLSBAD TRACT 85-24, UNIT 5 CARLSBAD
RESEARCH CENTER, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 16,
1991 AS FILE/PAGE N0.91-234162, OF OFFICIAL RECORDS, SAID EASEMENT
IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHEASTERLY PROPERTY LINE OF SAID
LOT 102, BEING DISTANT THEREON 253.44 FEET FROM THE NORTHERLY
TERMINUS OF SAID PROPERTY LINE THENCE LEAVING SAID POINT
1. NORTH 68"05' 37" WEST 15.00 FEET TO THE BEGINNING OF A 212.50
FOOT RADIUS CURVE CONCAVE SOUTHERLY,
THENCE ALONG THE ARC OF SAID CURVE
2. WESTERLY 100.35 FEET THROUGH A CENTRAL ANGLE OF
27"03'30" TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING THE ARC OF
SAID CURVE
3. SOUTH 05"09'07" EAST 5;OO FEET TO A POINT ON A NON-TANGENT
207.50 FOOT RADIUS CURVE CONCAVE
SOUTHERLY AND RADIAL FROM SAID POINT
BEARS SOUTH 05"09' 07"EAST; THENCE ALONG
THE ARC OF SAID CURVE
4. WESTERLY 35.19 FEET THROUGH A CENTRAL ANGLE OF
09"42'58"; THENCE
5. NORTH 14'52'05'' WEST 5.00 FEET TO A POINT ON A NON-TANGENT
212.50 FOOT RADIUS CURVE CONCAVE
EASTERLY,A RADIAL FROM SAID POINT BEARS
SOUTH 14"52'05" EAST; THENCE ALONG THE
ARC OF THE SAID CURVE
Page 1 of 2
\
6. EASTERLY 36.04 FEET THROUGH A CENTRAL ANGLE OF
09"42'58" TO THE TRUE POINT OF
BEGINNING
SAID PARCEL CONTAINS 178 SQUARE FEET, MORE OR LESS.
THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR ACT.
Page 2 of 2
EXHIBIT 'B'
,7
BASIS OF BFARINGS:
THE BASIS Gf BEARING'S IS THE SOUTHEASTERLY
PROPERN UNE; /.E. N2154'23-E
LEGEND: - -- - PROPERTY UNE
EASEMENT VACAlED HEREON AREA=178 SF (0.004 AC)
I EXHIBIT 'B'
I VlClNl TY MAP
LINE TABLE
BEARING LENGTH LINE mi L1 N1452'05'hfR) 5. 00' 09'42'58" 207.50' 35.19'
L2 N05'09'07'W(R) 5.00' 09'42'58' 212.50' 36.04'
CURE TABLE
EASEMENT LEGEND:
@ 20' WATER EASEMENT TO CARLSBAD MUNICIPAL WATER
San Diego. CA. 92131 L. s. 7443 DISTRICT PER DOC. 20014653973. REG. 9/12/2001 Ph. (858) 695-3344 Fax: (8S8) 695-31 I 7 @ 25' ACCESS EASEMENT TO CITY OF CARLSEAD PER
MAP NO. 12815 REG. MAY 16, 1991
OR UNO MY DIRECllON @ DRAINAGE EASEMENT TO THE CITY OF CARLSBAD MAP NO. 12815 REG. MAY 16, 1991
~
MIGUEL A. MARllNEZ P.L.S. 7443 DA TE
CrrY OF CARLSBAD
DATE: 4-3-02 1 EASEMENT WITCLAIM PLAT DRAWN BY;. PARTNERS ENG?
EMERALD LAKE CORPORATE CENTER
LOT 103 CT. 85-24
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of sm
&personally known to me " [I- hack nf c-ry
to be the persond whose, nam&)&Yar
subscribed to the wlthln Instrument and
acknowledged to me tha-xecuted
in merHkeir authorized
the entity upon behalf of which the persd
acted, executed the instrument.
and that by mdttfet~
the instrument the person60
A
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 Attached Document
Title or Type of Document: CWW'~~~~o* autrcll. DEEhD 212 -/A - 0- 2 >
Document Date: Number of Pages:
Capacity(ies) Claimed by Si
C Individual
U Corporate Officer - Title@):
Partner - U Limited E Gen
rl Attorney in Fact
III Trustee
U Guardian or Conservator
&Other: -04
Signer Is Representing: a/r @A c.-fK/s '4&
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 5h h/&O
to be the person@ whose, name@f@-
subscribed to the wlthln Instrument and
acknowledged to me that mxecuted
the same in -their authorized
capacity& and that by
signatue the instrument the
the ent y upon behalf of which the pers
acted, executed the instrument.
Though the information below is not required by law, if may prove valuable to persons relying on the document
and could prevent fraudulent removal and reaffachment of fhis form to another document.
Description of Attached Document
Title or Type of Document: LbLpoc~~d Qli 1 Tdt/R/”. wd -212 -13 0 -.x--
Number of Pages:
n Individual
I~J Corporate Officer - Title(s):
0 Attorney in Fact n Trustee
Signer Is Representing: &y & chelss*
August 23,2002
Emerald Lake Corporate Center
21 17 Industrial Ct Ste C
Vista CA 92083
RE: CORPORATION QUITCLAIM DEED OF EASEMENT
Enclosed is the original QUITCLAIM DEED for the described easement related to CT 85-24.
This item was part of Carlsbad City Council Agenda Bill 16,793 passed by the Council on 6-18-
02.
As the City is quitclaiming property to Emerald Lake, this item should have been mailed directly
to your office, it was however incorrectly addressed and sent to our office.
If you have any questions related to this item please contact the staff member in the Engineering
Department with whom you worked with on this project.
Sincerely,
Debra Doerfler
Senior Office S ! cialist
Office of the City Clerk
Enclosures (1)
1200 Carlsbad Village Drive - Cazbad, CA 92008-1989 - (760) 434-2808 @