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HomeMy WebLinkAbout2003-03-11; City Council; 17093; Approving QuitclaimCITY OF CARLSBAD - AGENDA BILL I 4B# 17,093 TITLE: APPROVING THE QUITCLAIM OF A PORTION OF AN EXISTING GENERAL UTILITY AND ACCESS EASEMENT MTG. 311 1 /03 IEPT. ENG OVER LOT 80, CARLSBAD TRACT CT 97-16A (PR 02-1 15) DEPT. HD. CITY ATTY. RECOMMENDED ACTION: Adopt Resolution No. 2003-061 approving the quitclaim of a portion of an existing general utility and access easement over Lot 80, Carlsbad Tract CT 97-1 6A (PR 02-1 15). ITEM EXPLANATION: The easement was originally dedicated to the City of Carlsbad on Carlsbad Tract 97-16A which was recorded in the office of the San Diego County Recorder as Map No. 14340 on February 1, 2002, as File Number 2002-0089506. The easement was intended to accommodate utility lines being constructed in conjunction with the development of Carlsbad Tract CT 97-16A. During construction, it was determined that the utility lines could not be constructed as originally designed. The construction drawings have been modified as necessary and additional easements to facilitate the utilities have been dedicated to the City (PR 02-86 and PR 02-87). That portion of the existing easement over Lot 80 as shown on Map No. 14340 is no longer necessary due to the redesigned construction drawings and recordation of the new easements. FISCAL IMPACT: None. EXHIBITS: 1. Location Map. 2. Quitclaim deed. 3. Resolution No. 2003-061 approving the quitclaim of a portion of an existing general utility and access easement over Lot 80, Carlsbad Tract CT 97-1 6A (PR 02-1 15). LOCATION MAP PROJECT NAME KELLY RANCH EXHIBIT PROJECT CT 9746A NUMBER PROZ- 7 15 7 DRAW BY: SCOTT EVANS, CARLSBAD ENWEERING DEPI 2/21/03 C: \DEVELOPMENT PROXCTS\PRO2-115.DW 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 $0 00 ( ) computed on full value of property conveyed, or Project No. & Name: PR 02-1 15 ( ) computed on full value less value of liens and Kelly Ranch Core ( ) Unincorporated area: (x) City of Carlsbad, and “F- Assessor’s Parcel No. 208-1 84-02-00 encumbrances remaining at time of sale 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: Kelly Land Company, a Delaware Corporation the following described real property in the City of Carlsbad, Count of San Diego, State of California: a eneral utility and access easement as described in Ex ibit “A conststing of two page(s), attac ed hereto and made a part hereof. Exhibit “B’ consisting of two page(s) IS attached for clarity only. Yl i ATTEST: ’ (SEAL) H.\Development Servlces\Maslers\Deeds. Easements. Granl Deeds\Corp Quitclaim Deed of Easemenl-Clty L’ 2 ’ 61 1 IO0 EXHIBIT 'A' LEGAL DESCRIPTION FOR THE QUITCLAIM OF A GENERAL UTILITY AND ACCESS EASEMENT THAT PORTION OF A GENERAL UTILITY AND ACCESS EASEMENT GRANTED OVER LOT 80 TO THE CITY OF CARLSBAD PER CARLSBAD TRACT NO. 97-16A, ACCORDING TO MAP NO. 14340, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFOR- NIA, FILED IN'THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON FEBRUARY 1, 2002. NO. 6641 [ Exp. date 12-3-03 , REX S. PLUMMER LS 6641 EXPIRATION DATE 12/31/03 DATE R/WP/LEG/1200/12249WTRRBANWN.WC (11/18/02) PH PAGE 1 OF 1 LEML DESCMPRW: PORRON OF LOT 80 OF CARLSBAD TRACT NO. SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 14340. 97- 16A, IN THE CI N OF CARlS@AD, COUN N OF OM~/AF?PUUNT KELLY LAND COMPANY, A DELA WARE CORPORA TION.. 201 1 PALOMAR AWORT ROAD, SUITE: 112 CARLSBAD, CALIFORNIA 92.009 PHONE (760) 931 - 1 190 REX S. FLUWER, L.S. 6641 DA TE: REGISRA RON EXPIRES 12/31/2003 r QUICWLAIM OF EAS€hkENT- Ct N OF CARLSBAD 4PPLlCAhV PREPARm BE 'ELL Y 1 AND COMPANY PROXC TDE9GN CONSUL TAN Ts 011 PALOMAR AIRPORT ROAD 701 E SREEC SUIT 800 'ARLSBAD, CA 9&9 SAN DIECQ CA 92101 A. P, N. 208- 184- 02 CT 97-16A PR 02-115 CT97-16A G; h II h II N INDICATES PROPOSED AREA OF QUI TCLAlM BEING THE 20' MOE GEMRAL U77LlW AND ACCESS EASEMENT GRANTED OVER LOT 80 IN MAP NO. 14340. - 4 PPLICAN T;. :ELL Y LAND COMPANY '011 PA LOMAR AlRPOR T ROAl :ARLSBAD, CA 92004 QUICKCLAIM OF EA WENT- CITY of CARLSBAD PREPARED BE ~ ~~ PRMCTDESIIGN CONSUL TAN Ts ~ SAN DIE&, CA 92t01 A. P, N. 208-184-02 CT 97-16A PR 02-115 CT 97- 16A 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 k,)(q :,@l-i -? RESOLUTION NO. 2003-061 I_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO QUITCLAIM A PORTION OF AN EXISTING GENERAL UTILITY AND ACCESS EASEMENT OVER LOT 80, CARLSBAD TRACT CT 97-1 6A (PR 02-1 15). WHEREAS, Kelly Land Company has submitted a request to quitclaim a portion of an existing general utility and access easement over Lot 80, Carlsbad Tract CT 97-16A, Record Map No. 14340; and WHEREAS, the easement was never utilized for the purpose for which it was granted; and WHEREAS, due to the redesign and relocation of proposed utilities, the easement is not needed to facilitate the development of Carlsbad Tract CT 97-1 6A; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim said easements; 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 the general utility and access easement over Lot the Ill I// I// ill Ill Ill ill ill Ill Ill 80, Carlsbad Tract 97-16A to City Clerk and is incorporated the Kelly Land Company, a Delaware by this reference is approved. Corporation, is on file with 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 3. That the Mayor is authorized to execute the original quitclaim deed and the 3ty Clerk is hereby authorized to cause the original quitclaim deed to be released to the property Iwners to be recorded in the office of the County Recorder of San Diego County, State of ;alifornia. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council leld on the 11th day of MARCH , 2003 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard NOES: None 4TTEST: (SEAL) Page 2 of 2 of Resolution No. 2003-061