HomeMy WebLinkAbout2003-08-19; City Council; 17289; Quitclaim of Existing Slope & Temporary Easement4B# 17,289
rrlTG. 8/19/03
)EPT. ENG
CITY OF CARLSBAD - AGENDA BILL
TITLE: APPROVE AND AUTHORIZE QUITCLAIM OF
EXISTING SLOPE AND TEMPORARY
CONSTRUCTION EASEMENT ACROSS
CARLSBAD TRACT 92-03
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DEPT. HD. E7-z
CITY ATT
4
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2003-224
across a portion of Carlsbad Tract 92-03.
to quitclaim an existing slope and construction easement
ITEM EXPLANATION:
The applicant, LMD Carlsbad 25, LLC, has submitted a request to quitclaim a slope and temporary
construction easement that traverses over a portion of Carlsbad Tract 92-03 per map 1351 3.
This easement was dedicated with CT 92-03 on Map 1351 3 for slope and temporary construction of
the extension of Docena Road. The road is designed and under construction and no longer needs
the slope or temporary construction easement.
Staff concurs with the owner that the easement is no longer necessary and can be quitclaimed.
ENVIRONMENTAL REVIEW:
The proposed quitclaim is exempt from environmental review under the California Environmental
Quality Act Section 15061 (b)(3), because it can be seen with certainty that there is no possibility that
the quitclaim may have a significant effect on the environment.
FISCAL IMPACT:
This item has no fiscal impact to the City. The slope and temporary construction easement was
granted to the City at no cost and the City will quitclaim the easement for a no cost return to the
property owner. The owner has paid the standard fee for processing this quitclaim. Approximately
2,300 square feet of land will be returned to the tax roll.
EXHIBITS:
1.
2. Resolution No. 2003-224 to quitclaim an existing slope and construction easement
Location map for quitclaim of slope and temporary construction easement.
across a portion of Carlsbad Tract 92-03.
3. Corporation quitclaim deed of easement.
DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us
I
I LOCATION MAP
PROJECT NAME PROJECT EXHIBIT I QUITCLAIM OF EXISTING SLOPE AND NUMBER , TEMPORARY CONSTRUCTION EASEMENTS ~~01-96 2
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2003-224 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO QUITCLAIM AN EXISTING SLOPE
AND TEMPORARY CONSTRUCTION EASEMENT ACROSS A
PORTION OF CARLSBAD TRACT 92-03.
WHEREAS, the slope and temporary construction easement across a portion of CT 92-03
is no longer in use; and
WHEREAS, the slope and temporary construction easement is no longer needed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
That Carlsbad City Council quitclaim the existing slope and temporary construction
easement across a portion of CT 92-03.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 19th day of AUGUST ,2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Packard
ATTEST:
LORRAINE M. WO86, City Clerk ’ (SEAL)
RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
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 !$ 00.0-
( ) 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
Assessor's Parcel No.
Project No. & Name
TABATA PROPERTY
21 5-041 -1 0 & 1 1-00
CT 00-13, PR 01-96
CITY OF CARLSBAD
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
Robert J .mojcik
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 CANTERINA, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY all right, title and inte
consisting of two (2) pages, which are attached hereto and made a part
20 6 3 , att$s!kd. California
Executed on cisr2BC ,
ATTEST: I
APPROVED AS TO FORM:
RONAW Q: B&C, CITY ATTORNEY
(@rial acknowledgement of execution of Grantor must be attached.)
AB 17,289
Reso 2003-224
8-- 19- 03
Word\Masters\Forrns\Quitclairn Deed - City (Real Property)
CANTERINA
PR 01-96
OCTOBER 31, 2001
J.N.: 001003
PAGE 1 OF 1
EXHIBIT 'A'
LEGAL DESCRIPTION
THAT PORTION OF LOTS 149 AND 150 SHOWN AS AN "IRREVOCABLE
OFFER TO DEDICATE SLOPE AND TEMPORARY CONSTRUCTION
EASEMENT", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA AND SHOWN ON MAP NO. 13513, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON
DECEMBER 10, 1997 AS FILE NO 8. 1997-06265
W:\MSOFFICE\WINWORD\001003\CANTERINA LOTS 149 L 150.LGL.doc
sm 1"=200'
APPLICANT:
4D CARLSBAD 25, ILC
30 AL TA VSTA DR. STE 203
STA, CA 92Q84
FOU
QUIT CLAIM PLAT CITY OF CARLSBAD SHT. r OF I SHTS.
PR 01-96
A. '' '' 2?5-041-?0 EXHI0lT "B" PREPARED BY:
RCE 27214 HR 12/31/04 CT 00-13 215-041- r r
dmw
SLOff AND TEMPORARY
CONSTRUCi7ON €AS€M€N7
SHOWN AS RfKCTED
ON MAP 13513
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SCWL &I } SS.
U
On
personally appeared
xpersonally known to me
c7 proved to me on the basis of satisfactory
evidence
Place Notary Seal Above
to be the person@ whose namefsl) is/m
subscribed to the within instrument and
acknowledged to me that he/sMtbey executed
the same in his/- ’ authorized
capacity(+@, and that by hislker)their
signature(sfon the instrument the personfs), or
the entity upon behalf of which the person(+
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
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 reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
U Guardian or Conservator
0 Other:
Signer Is Representing: u
1
! ! ! ! I
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0 1999 National Notary Assoclatlon * 9350 De Solo Ave PO Box 2402 Chatswolth. CA 91313-2402 * www nationalnotary org Prod No 5907 Reorder Call Toll-Free 1-800-876-6827