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Home My WebLink About2003-09-09; City Council; 17297; Quitclaim Open Space Easement Parcel Map 3451CITY OF CARLSBAD -AGENDA BILL 17,297 4B# ITG. 9/09/03 IEPT. ENG TITLE: RESOLUTION TO QUITCLAIM AN OPEN SPACE EASEMENT OVER A PORTION OF PARCEL 2, PARCEL MAP 3451 - (PR 01-1 14) DEPT. HD. CITY ATTY. CITY MGR.sP RECOMMENDED ACTION: Adopt Resolution No. ~m3-229 approving the quitclaim of an open space easement dedicated to the City of Carlsbad and recorded in the office of the San Diego County Recorder on August 6,1997, as document number 1997-0375383. ITEM EXPLANATION: On December 4, 1996, Planning Commission Resolution 4025 adopted a Conditional Use Permit, CUP 96-05, approving the installation of a 6 PCS panel antenna array on the property located at 4901 El Camino Real. The Conditional Use Permit approval included a condition that the property owner, Jay Franklin Hoffman and Maryon Dooley Hoffman, grant an open space easement around the antenna prior to issuance of any building permits. Subsequent to the project approval, the property owner dedicated the required open space easement. The easement was recorded in the office of the San Diego County Recorder on August 6,1997, as document number 1997-0375383. Sprint PCS, on behalf of the property owners, applied for a new CUP, CUP 01-24, on the subject site. On February 5, 2002, Planning Commission conditionally approved CUP 01 -24. One condition of approval required relocation of the antenna originally installed under CUP 96-05 and dedication of a new open space easement. The antenna has been relocated and a new open space easement surrounds the relocated structures. Because the antenna has been relocated and new open space easements granted, there is no longer a need for the original easement, and the property owners have requested that the City quitclaim the easement. FISCAL IMPACT: This item has no fiscal impact to the City. The open space 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. Quitclaim deed. approving the quitclaim of an open space easement dedicated to the City of Carlsbad and recorded in the office of the San Diego County Recorder on August 6,1997, as document number 1997-0375383. 2003- 2 2 9 3. Resolution No. DEPARTMENT CONTACT: John Maashoff, (760) 602-2747, jmaas@ci.carlsbad.ca.us I RECORDING REQUESTED BY City of Carlsbad WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 THE RIGIML OF THIS DOMT WS RECORDED ON SEP 199 203 DOCUlYlENT Nu1yIm 2003-1156491 GREGOR J. SWIM, COMITY RE!JNDER SM DIEGO CWTY RECORDER’S OFFICE TIME: 310 FM SPACE ABOVE THIS LINE FOR RECORDERS USE The undersigned grantor@) declare(s): Documentary transfer tax is $o.oOy Assessor’s Parcel No. 2O7-1O1-28 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens .and ( ) Unincorporated area: (x) City of Carlsbad, and Project No. & Name: Marja Acres PCS Facility PR 01-114 (CUP 96-05) 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~REVER quitclaim to: JAY FRANKLIN HOFFMAN AND MARYON DOOLEY HOFFMAN, CO-TRUSTEES, U.T.D. OCTOBER 2, 1984 the following described real property in the City of Carlsbad, County of San Diego, State of California: an Open Space easement as described in Exhibit “A’ consistin of 1 pa e, attached hereto and made a part hereof. Exhibit “B” consisting of 1 page is attache 8 for clari Y y only. ATTEST: AB 17,297 Xesolution No. 2003-229 (SEAL) H \Developmen1 Services\PROJECTS\PR FILES\PR 01-1 14 Marla Acres Qdaim\QCLAIM DEED OS Esrnt PR 01-114 doc EXHIBIT 'A' LEGAL DESCRIPTION FOR QUITCLAIM OF OPEN SPACE EASEMENT BEING PORTIONS OF PARCEL 2 OF PARCEL MAP NO. 3451 FILED JANUARY 31, 1975 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, IN THE CITY OF CARLS- BAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED IN THAT DOCUMENT RECORDED AUGUST 6, 1997 AS DOCUMENT NO. 1997-0375383 O.R. IN THE SAID OFFICE OF THE COUNTY RECORDER. CONTAINS 2827.43 SQ. FT., MORE OR LESS. W.O. NO. DWG. NO. ' REX S. PLUMMER DATE LS 6641 EXPIRATION DATE 12/31/03 R/WP/LEG/1800/185940QCOSE.DOC (05/05/02) JRL 1,; 1. PAGE 1 OF 1 1" = 200' I OPEN SPACE EASEMENT ABANDONMENT Yd- SI 7E WETlWI MCINITY MAP NoTmsMlE 4PPLICAN F MY FRANKLIN HOFFMAN AND lARYON DOOLEY HOWAN LEGEND PREPARED BF PROJECTDESIGN CONSUL TANS A.P.N. 207-101-24 OPEN SPACE EASEMENT RECORDED AUGUST 6, 1997, DOCUMENT NO 31 6.20' 1997-0375383 O.R. TO BE QUITCLAIMED REX S. PLUMMER. L.S. 6641 ' DAE !901 El CAMINO REAL !ARLSBAD, CA 92008 701 B SlREE7; SUllE 800 SAN DIEGO, CA 92101 I p.R. 01-114 I E \Mapping \ l859.40\ 1859-01. dwg c Jun 17, 2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California rn CE &~U-i-idFGt, .~o#;RY~%Y~~L Name and Title of Officer (e 9.. "Jade Doe. Notary Phlic") personally appeared @.Mac A - LGLcIIs Name@) of Signer(s1 personally known to me proved to me on the basis of satisfactory evidence to be the person@ whose name(&) islace subscribed to the within instrument and acknowledged to me that he/.she&ay executed the same in his/- ' authorized capacity(i@, and that by hislWir signature(+ on the instrument the persono, or the entity upon behalf of which the personCs) acted, executed the instrument. WITNESS my hand and Place Notary Seal Above 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: Number of Pages: Signer(s) Other Than Named Above: 0 Individual U Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Guardian or Conservator Signer Is Representing: 0 1999 National Notary Association - 9350 De Sot0 Ave , P.0 BOK 2402 * Chatswoflh. CA 91313-2402 - w natlonalnolary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 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 2003-229 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO QUITCLAIM AN OPEN SPACE EASEMENT OVER A PORTION OF PARCEL 2, PARCEL MAP 3451, PR 01-1 14. WHEREAS, the property owner has requested the quitclaim of an open space easement granted to the City of Carlsbad and recorded in the office of the San Diego County Recorder on August 6, 1997, as document number 1997-0375383; and WHEREAS, the open space easement was necessary to fulfill a condition of Conditional Use Permit CUP 96-05, which allowed for the installation of PCS panel antenna; and WHEREAS, the panel antenna for which the open space easement was granted have been removed and the open space easement is no longer necessary. 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 existing open space easement iver a portion of Parcel 2, Parcel Map 3451, which is on file with the City Clerk and is incorporated iy this reference, is approved. 71 Yt Yt Yt It It I/ tl Il It It It i 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 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 ATTEST LORRAINE M. WOOaity Clerk I Page 2 of 2 of Resolution No. 2003-229 (SEAL)