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HomeMy WebLinkAbout2003-09-09; City Council; 17298; Quitclaim of Temporary Construction Easement4B# 17,298 dTG. 9/09/03 IEPT. ENG CITY MGR.q TITLE: APPROVE THE QUITCLAIM OF A PORTION OF A TEMPORARY CONSTRUCTION EASEMENT WITHIN THE VILLAGES OF LA COSTA-LA COSTA OAKS SOUTH CARLSBAD TRACT CT 99-04-01 (PR 03-52) RECOMMENDED ACTION: Adopt Resolution No. 2003-230 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, Shea Homes Limited Partnership, 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. EXHl BITS: 1. Location Map. 2. Resolution No. 2003-230 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. I LOCATION MAP 'ROJECT NAME: LA COSTA OAKS SOUTH. CT 99-04 QUI7CUIM OF TEMPORARY CONSlRUC77ON EASEMENT FOR U4NCHO SANTA FE ROAD, PMSE I t 1 PROJECT # EXHBIT PR 03-52 I A 1 8 E 7 e 9 io 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-230 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 03-52). WHEREAS, a temporary construction easement over portions of the Villages of La Costa- -a Costa Oaks South (CT 99-04-01) for the construction of Rancho Santa Fe Road was lranted to the City of Carlsbad and recorded in the office of the San Diego County Recorder on Jlarch 15, 2002 as document number 2002-0220022; and WHEREAS, the construction of Rancho Santa Fe Road has been completed within certain ireas encumbered by the temporary construction easement; and WHEREAS, the City does not need to perform any further work within the areas where :onstruction 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 iterest to quitclaim said easement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, :alifornia, as follows: 1. That the above recitations are true and correct. 2. 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 pproved. I I I I I 1 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 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, Finni ulchin, Hall, Packard NOES: None ATTEST Page 2 of 2 of Resolution No. 2003-230 (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: THE ORIGINAL W THIS DOCWT DOCMNT NUlilEER 2003-1156494 SCWJ DIEGO CMTY RECURMR'S OFFICE TIE: 3:lO PM #IS RECORDED ON SEP 1% 2003 EGORY J. SMITHS MIWTY RECURDER The undersigned grantor(s) declare(s): Space above this line for Recorder's Use. 223-61 3-01 and 223-61 3-02 Assessor's Parcel No. 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 Project No. & Name PR 03-52 (CT 99-04) -VH La Costa Oaks South CITY OF CARLSBAD FOR A VALUABLE CONSIDERATION, * receipt of which is hereby acknowledged. - w4 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 Shea Homes Limited Partnership all right, title and interest in the property described in Exhibit "AQ (consisting of 1 sheet) and Exhibit "B" , which are attached hereto and made a part hereof. /d , 2003, at Carlsbad, California ATTEST: BY ?.//*OS. (Notarial acknowledgement of execution of Grantor must be attached.) ',, AB #17,298 it Reso 2003-230 HYDevelopment Services/Masters/Deeds-Grant Deeds-Easernents/Quitclaim Deed - City (Real Property) State of California 1 personally appeared (!.A!&DE A- 15 I $,personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(+ whose name(+ is/- subscribed to the within instrument and acknowledged to me that helsk4ky executed the same in hislherltheir authorized capacity(@, and that by his/he#hir 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.) ~~ATURE OF NOTARY Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD H:/Development ServiceslMasterslDeeds-Grant Deeds-Easements/Quitclairn Deed - City (Real Property) 6/1/00 @ EXHIBIT “A” LEGAL DESCRIPTION QUITCLAIM EASEMENT PR 03-- 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 LOTS 70 AND 71 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 0.495 ACRES, MORE OR LESS. APN 223-61 3-01, 02 A DAVID W. AMBLER HUNSAKER & ASSOCIATES SAN DIEGO. INC. ‘ L.S. 7322 Exhibit “A Page 1 of 1 PR 03-52 :G M M:\2352\12\legal descriptions\a43-qc-ternpRSF-02-0220022-SHEA.doc Wn 3253-13 7IQln1 4 \0261\&Map\sv-ternpconst-RSF sht 1 .dwaJu 1-09-2003 SHEET 1 OF 1 ‘ILLAGES OF LA COSTA 903 WRIGHT PLACE ;UITE 180 :ARLSBAD, CA 92008 + QUITCLAIM OF TEMPORARY CONSTRUCTION C9SEMENT PLAT - CITY OF CARLSmD PPUCAM: PREPARED BY I PROJECT: I A.P.N.: CT 99-04-01 223-613-01,02 EXHIBIT ”B” DAVID W AMBLER L S 7322 EXP 12/31/05 PR 03-52