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Home My WebLink About2003-09-09; City Council; 17296; Quitclaim of Temporary Construction Easement4B# 17,296 TITLE: APPROVE THE QUITCLAIM OF A PORTION OF A RECOMMENDED ACTION: Adopt Resolution No. 2003-228 easement within the Villages of La Costa-La Costa Oaks South, Carlsbad Tract CT 99-04-01. quitclaiming a portion of the existing temporary construction ITEM EXPLANATION: On March 15, 2002, the City was granted a temporary construction easement for the construction of Rancho Santa Fe Road. The easement was recorded in the office of the County Recorder as document number 2002-0220022. All work necessary for the road construction, within that portion of the temporary construction easement identified on the attached quitclaim deed, has been completed. The owner, K. Hovanian at La Costa, LLC, has requested the City quitclaim those portions of the easement that are no longer needed for the construction of the road. Staff recommends the City Council quitclaim that portion of the temporary construction easement identified in the attached quitclaim deed. FISCAL IMPACT: This item has no fiscal impact to the City. The temporary construction easement was granted to the City for a no cost acquisition 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. EXHIBITS: 1. Location Map. 2. Resolution No. 2003-228 approving the quitclaim of a portion of the temporary construction easement located within the Villages of La Costa-La Costa Oaks South, Carlsbad Tract CT 99-04-01. Quitclaim Deed for a portion of the temporary construction easement. DEPARTMENT CONTACT: John Maashoff, (760) 602-2747, jmaas@ci.carlsbad.ca.us 3. MTG. 9/09/03 DEPT. ENG I TEMPORARY CONSTRUCTION EASEMENT WITHIN THE VILLAGES OF LA CosTA-LA COSTA OAKS SOUTH CITY ATTY.& CITY MGR- CARLSBAD TRACT CT 99-04-01 (PR 03-51) LOCATION MAP PROJECT NAME: LA COSTA OAKS soum. CT 99-04 QUITCLAIM OF TEMPOMY CONSTRUCnON EASEMENT FOR RANCHO SNTA IT ROAD, PMSE 1 \ PROJECT # EXH I B I T 1 PR 03-51 I % i a 1 I E 7 e s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 ti.. 1, c/ RESOLUTION NO. 2003-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE QUITCLAIM OF A PORTION OF AN EXISTING TEMPORARY CONSTRUCTION EASEMENT LOCATED WITHIN THE VILLAGES OF LA COSTA-LACOSTA OAKS SOUTH, CARLSBAD TRACT CT 99-04-01 (PR 03-51). WHEREAS, a temporary construction easement over portions of the Villages of La Costa- La Costa Oaks South (CT 99-04-01) for the construction of Rancho Santa Fe Road was granted to the City of Carlsbad and recorded in the office of the San Diego County Recorder on March 15,2002 as document number 2002-0220022; and WHEREAS, the construction of Rancho Santa Fe Road has been completed within certain areas encumbered by the temporary construction easement; and WHEREAS, the City does not need to perform any further work within the areas where construction of Rancho Santa Fe Road has been completed; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public nterest to quitclaim said easement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Zalifornia, as follows: 1. 2. That the above recitations are true and correct. That the Quitclaim Deed releasing interest in a portion of the existing temporary :onstruction easement , which is on file with the City Clerk and is incorporated by this reference; is approved. /I /I N N fl (I 11 ll 1 2 3 4 5 6 7 8 9 10 I1 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 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 9th day of SEPTEMBER , 2003 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None ABSENT: None ATTEST QP&; LORRAINE M. WOOD$&y Clerk Paye 2 of 2 of Resolution No. 2003-228 (SEAL) RECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: ME ORIGINCIL OF THIS "ENT DOMHYlENT NUMBER 2003-1156492 #IS RECORDED ON SEf 1% XI3 GREGORY J. SHITH? COUNTY RECORDER SAN DIE@ COUNTY AfCORDER'S OFFICE TIE: 210 Pi ~~ The undersigned grantor(s) declare(s): Space above this line for Recorder's Use. Assessor's Parcel No. 223-61 0-41 to 47 223-61 1-15, 16,21 to 25 223-61 3-03 to 16 7p- 223-614-10 to 20,28 to 33 Documentary transfer tax is $ OO.OA/W Project No. & Name PR 03-51 (CT 02-02) / 1 computed on full value of DroDertv conveved. or La Costa Oaks South CT 99-04-JJ- ..< I. ( )computed on full value less value of liens and encumbrances remaining at time of sale. ( f 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 K. Hovnanian at La Costa, LLC, a California Limited Liability Company, all right, title and interest in the property described in Exhibits "A' & "B", consisting of 5 pages, which are attached hereto and made a part hereof. Executed on & /L , 2003, at Carlsbad, California ATTEST: * APPfBJlI FORM: RO ALD BALL,CIfLYJlTENEY AI3 17,296 Reso 2003-228 BY m 9-//.6P. (Notarial acknow!edgement of execution of Grantor must be attached.) HYDevelopment ServiceslMasterslDeeds-Grant Deeds-Easernents/Quitclaim Deed - City (Real Property) State of California 1 personally appeared L vbwl]c p. kbr5 known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(+ whose name0 is/= subscribed to the within instrument and acknowledged to me that he/- executed the same in hisl-ir authorized capacity(ies), and that by his/b&#ar signature(* on the instrument the person(@, or the entity upon behalf of which the person(@ acted, executed the instrument. WITNESS, my hand and official seal. (This area for official notary seal.) SI’b6lATURE OF NOTARY Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD H:/Developrnent ServiceslMasterslDeeds-Grant Deeds-Easements/Quitclairn Deed - City (Real Property) 6/1/00 ;i EX H I B IT “A” LEGAL DESCRIPTION QUlTC LA1 M EASEMENT PR 03-3 PARCEL ‘A‘ BEING ALL THAT PORTION OF PARCEL ‘A’ OF THAT TEMPORARY CONSTRUCTION EASEMENT RECORDED MARCH 15,2002 AS DOCUMENT NO. 2002-0220022, OF OFFICIAL RECORDS, LYING WITHIN LOT 108 OF CITY OF CARLSBAD CT 99-04-01, VILLAGES OF LA COSTA - LA COSTA OAKS SOUTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14379, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRIL 29,2002. CONTAINING 0.027 ACRES, MORE OR LESS. APN 223-614-10 PARCEL ‘By BEING ALL THAT PORTION OF PARCEL ‘A OF THAT TEMPORARY CONSTRUCTION EASEMENT RECORDED MARCH 15,2002 AS DOCUMENT NO. 2002-0220022, OF OFFICIAL RECORDS, LYING WITHIN LOTS 116, 117 AND 118 OF CITY OF CARLSBAD CT 99-04-01, VILLAGES OF LA COSTA - LA COSTA OAKS SOUTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14379, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRIL 29,2002. CONTAINING 0.108 ACRES, MORE OR LESS. APN 223-614-18, 19, 20 Exhibit “A” Page 1 of 4 PR 03-51 :G M M:\2352\12\legal descriptions\a42-qc-ternpRSF-02-0220022.doc WO 2352-12 7/11/03 PARCEL ‘C’ BEING ALL THAT PORTION OF PARCEL ‘A’ OF THAT TEMPORARY CONSTRUCTION EASEMENT RECORDED MARCH 15,2002 AS DOCUMENT NO. 2002-0220022, OF OFFICIAL RECORDS, LYING WITHIN LOTS 109, 110, 111,112,113, 114,115,116, 126, 127 AND 128 OF CITY OF CARLSBAD CT 99-04-01, VILLAGES OF LA COSTA - LA COSTA OAKS SOUTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14379, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRIL 29,2002. CONTAINING 1.870 ACRES, MORE OR LESS. APN223-614-11, 12, 13, 14, 15, 16, 17, 18, 28, 29, 30 PARCEL ‘D’ BEING ALL THAT PORTION OF PARCEL ‘A’ OF THAT TEMPORARY CONSTRUCTION EASEMENT RECORDED MARCH 15,2002 AS DOCUMENT NO. 2002-0220022, OF OFFICIAL RECORDS, LYING WITHIN LOTS 129, 130 AND 131 OF CITY OF CARLSBAD CT 99-04-01, VILLAGES OF LA COSTA - LA COSTA OAKS SOUTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14379, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRIL 29,2002. CONTAINING 0.592 ACRES, MORE OR LESS. APN 223-614-31, 32, 33 Exhibit “A Page 2 of 4 PR 03-61 :G M M:\2352\12\legal descriptions\a42-qc-ternpRSF-02-0220022.doc Wc) 7352-17 7/11/03 c PARCEL ‘E’ BEING ALL THAT PORTION OF PARCEL ‘A’ OF THAT TEMPORARY CONSTRUCTION EASEMENT RECORDED MARCH 15,2002 AS DOCUMENT NO. 2002-0220022, OF OFFICIAL RECORDS, LYING WITHIN LOTS 139, 140, 145, 146, 147, 148, 149, 154, 155, 156, 157,158,159 AND 160 OF CITY OF CARLSBAD CT 99-04-01, VILLAGES OF LA COSTA - LA COSTA OAKS SOUTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14379, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRIL 29,2002. CONTAINING 2.014 ACRES, MORE OR LESS. APN 223-611-15, 16, 21, 22, 23, 24, 25; 223-610-41,42, 43,44,45,46,47 PARCEL ‘F’ BEING ALL THAT PORTION OF PARCEL ‘A’ OF THAT TEMPORARY CONSTRUCTION EASEMENT RECORDED MARCH 15,2002 AS DOCUMENT NO. 2002-0220022, OF OFFICIAL RECORDS, LYING WITHIN LOTS 80,81, 82, 83, 84 AND 85 OF CITY OF CARLSBAD CT 99-04-01, VILLAGES OF LA COSTA - LA COSTA OAKS SOUTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14379, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRIL 29,2002. CONTAINING 0.1 18 ACRES, MORE OR LESS. APN 223-613-11, 12, 13, 14, 15, 16 Exhibit “A Page 3 of 4 PR 03-s :G M M:\2352\12\legal descriptions\a42-qc-tempRSF-02-0220022.doc wn 31~;3-17 71141n-4 4 PARCEL ‘G’ BEING ALL THAT PORTION OF PARCEL ‘A’ OF THAT TEMPORARY CONSTRUCTION EASEMENT RECORDED MARCH 15,2002 AS DOCUMENT NO. 2002-0220022, OF OFFICIAL RECORDS, LYING WITHIN LOTS 72,73, 74, 75, 76,77,78 AND 79 OF CITY OF CARLSBAD CT 99-04-01, VILLAGES OF LA COSTA - LA COSTA OAKS SOUTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14379, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON APRIL 29.2002. CONTAINING 1.527 ACRES, MORE OR LESS. APN 223-613-03, 04, 05, 06, 07, 08, 09, 10 DAVID W. AMBLER ‘ L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. Exhibit “A Page 4 of 4 PR 03-5-1 :G M M:\2352\12\legal descriptions\a42-qc-ternpRSF-02-0220022.doc WO 2352-12 711 1/03 / PARCEL ’E’ - 2.014 ACRES PARCEL ‘F’ - 0.1 18 ACRES PARCEL %’ - 1.527 ACRES / 5 _- SHEET 1 OF1 ;?v/ : \0261\&Map\sv-ternpconst-RSF sht2.dwgJul-11-2003 QUITCLAIM OF TEMPORARY CONSTRUCTION EASEMENT PLAT - CIN OF CXRLSEAD I A.P.N.: 223-610-41 to 47 SPUCAM: PREPARED BY I PROJECT 223-61 1-1 5, 16, 21 to 25 223-61 3-03 to 16 223-61 4-1 0 to 20, 28 to 33 CT 99-04-01 /ILLAGES OF LA COSTA 903 WRIGHT PLACE jUlTE 180 :ARLSBAD, CA 92008 EXHIBIT ”B” PR 03-a