HomeMy WebLinkAbout2003-01-14; City Council; 17040; Quitclaim of a portion of an open space easementCITY OF CARLSBAD -AGENDA BILL
CARLSBAD TRACT 97-03, MAP NO. 13837
4B# 17,040
MTG. 01/14/03
IEPT. ENG APN 222-682-01, PR 02-66 CITY MGR. %
RECOMMENDED ACTION:
Adopt Resolution No. 2003-013 approving the quitclaim of a portion of an open space
easement over Lot 395 of Carlsbad Tract No. 97-03, Map 13837.
ITEM EXPLANATION:
Per the approved grading plans for Rancho Carrillo Village "G", the top of a graded slope and a lined
drainage ditch adjacent to Lot 359 should have been aligned with the northerly property line of Lot
359 (6259 Paseo Callado). Due to geotechnical conditions encountered during grading, however,
the top of the graded slope and drainage ditch was aligned further north. To adjust the property line
to align with the new location of the slopes and the lined ditch, a lot line adjustment (ADJ 02-11)
between the open space lot (Lot 395) and the abutting property at 6259 Paseo Callado (Lot 359)
was processed and is awaiting recordation subsequent to adoption of this quitclaim. Adjustment of
the property line will not adjust the boundary of the open space easement, however. Therefore, the
applicant has applied for this request to quitclaim a portion of the easement. Once the lot lines are
adjusted, the property at 6259 Paseo Callado will receive that portion of land from the open space
lot that relinquished the open space easement, Since this portion of the open space lot will be a part
of a single-family lot, the open space easement is no longer necessary. The net loss in open space
equates to a negligible 0.165 acres out of a 25.21 l-acre lot. If the quitclaim is recorded, the amount
of net open space provided will still well exceed the minimum required by the Zoning Ordinance.
The Open Space and Conservation Element of the General Plan requires that Council make specific
findings before adjusting the boundaries of any open space area shown on the map titled "Official Open
Space and Conservation Map" dated June 1992. Staff has determined that the portion of land affected
by this proposal appears consistent with the 1992 Map, and therefore Council need not make specific
findings before taking this action.
FISCAL IMPACT:
No fiscal impacts are anticipated. All costs associated with processing the application for quitclaim
of the easement and adjusting the lot lines are paid by the applicant.
EXHIBITS:
1. Location Map.
2. Quitclaim deed.
3. Resolution No. 2003-013 approving the quitclaim of a portion of an open space
easement over Lot 395 of Carlsbad Tract No. 97-03, Map 13837.
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RESOLUTION NO. 2003-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE QUITCLAIM OF A
PORTION OF AN OPEN SPACE EASEMENT OVER LOT 395 OF
CARLSBAD TRACT NO. 97-03, MAP 13837.
WHEREAS, Rick Engineering Company, on behalf of Rancho Carrillo Master Association,
a California nonprofit mutual benefit corporation, have submitted a request for quitclaim of
a portion of an open space easement over Lot 395 dedicated to the City per Carlsbad Tract
No. 97-03; and
WHEREAS, a lot line adjustment was processed through the City to shift the property line
between Lot 395 and Lot 359 of Carlsbad Tract No. 97-03 such that Lot 359 gains 0.165 acres of
land designated with an open space easement from Lot 395; and
WHEREAS, said newly acquired property to Lot 359 will no longer require an open space ' /
easement since this portion of the easement is no longer a part of the designated open space lot;
and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to quitclaim said easement; and
WHEREAS, the City Council finds that that portion of land affected by the proposed
reduction in open space does not appear on the "Official Open Space and Conservation Map"
dated June 1992 and therefore the City Council need not make specific findings before adjusting
the boundaries of this open space area; and
WHEREAS, Certificates of Compliance for the lot line adjustment will be recorded with the
San Diego County Recorders Office subsequent to execution of the quitclaim deed.
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 an open space easement over a portion of
Lot 395, Map No. 13837 of Carlsbad Tract No. 97-03, to Rancho Carrillo Master Association, a
California nonprofit mutual benefit corporation, which is on file with the City Clerk and is
incorporated by this reference, is approved.
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3. That the Mayor is authorized to execute the deed and the City. Clerk is hereby
authorized to release the original quitclaim deed to Rancho Carrillo Master Association,
a California nonprofit mutual benefit corporation.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 14th day of JANUARY ,2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
4TTEST:
Page 2 of 2 of Resolution No. 2003-013
(SEAL)
RECORDING REQUESTED BY
*#$y& #&&@%
AND WHEN RECORDED, PLEASE MAIL TO:
City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008
MAIL TAX STATEMENTS TO:
,I.* &&$" +:
The undersigned grantor(s) declare(s):
Space above this line for Recorder's Use.
Assessor's Parcel No. 222-682-01-00
Documentary transfer tax is $ 00.0 Project No. & Name PD 02-03, PR 02-66
( ) computed on full value of property conveyed, or lbrahim Lot Line Adjustment and Open Space Quitclaim
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad , and CITY OF CARLSBAD FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
~ ~ ~~ ~ ~~ ~ ~ ~
QUITCLAIM DEED
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 Rancho Carrillo
Master Association, a California nonprofit mutual benefit corporation all right, title and interest in the property described in
Exhibits "A & "B', consisting of 2 page@), which is(are) attached he
Executed on 3firvU 1 7 ,
20 03 , at Carlsbad, California
ATTEST:
LORRAINE M. WOOD, City Clerk
/4r-03.
(Notarial acknowledgement of execution of Grantor must be attached.)
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personally appeared ~,fLi?Md~ 4. k&iS -
firsonally known to me -OR- 0 proved to me on th satisfactory evidence to be the persow
subscribed to the within instrument and
ac nowledged to me that@?iJ$@/tW executed the same in
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signaturewon the instrument the person(#, or the entity upon
behalf of which the personw acted, executed the instrument.
WITNESS, my hand and official seal.
(This area for official notary seal.) SlGNATURE.OF NOTARY
Title or Type of Do
Date of Document
Signer(s) other than named above
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H:lDevelopment ServiceslMasterslDeeds-Grant Deeds-EasernentslQuitclaim Deed - City (Real Property) 6/1/00
EXHIBIT "A"
LEGAL DESCRIPTION
OPEN SPACE QUITCLAIM OF A PORTION OF LOT 395
P.R. 02-66
That portion of Lot 395 of Carlsbad Tract No. 97-03, Rancho Carrillo Village "G", in
the City of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 13837, filed in the Office of the County Recorder of San Diego County,
August 23, 1999 described as follows:
Beginning at the Northwest corner of Lot 359 of said Map No. 13837; thence along
the Westerly line of said Lot 395 North 01 "50'08" West 41 .OO feet; thence North
88'09'52" East 74.00 feet; thence South 77"16'11 " East 98.05 feet; thence
South 56'56'57" East 66.08 feet; thence South 36"02'47" East 97.54 feet to the
most Easterly corner of said Lot 359; thence along the Northerly line of said Lot
359 the following courses: North 43'24'35" West 131.73 feet; thence South
89'1 4'1 3" West 190.56 feet to the Point of Beginning.
Containing 0.1 65 acres, more or less.
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