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HomeMy WebLinkAbout2004-04-06; City Council; 17571; Thompson/Tabata subdivision final map4B# 17,571 TITLE: APPROVING THE FINAL MAP FOR MTG. 4/6/04 SUBDIVISION, ABANDONING SLOPE EASEMENTS AND IEPT. ENG CARLSBAD TRACT CT 98-1 4-2, THOMPSONflABATA APPROVING THE SALE OF A REMNANT PARCEL RECOMMENDED ACTION: DEP;. Hd CITY AlTY CITY MGR. Adopt Resolution No. 2004-105 approving the final map for Carlsbad Tract CT 98-14-2, Thompson/Tabata Subdivision, authorizing the City Clerk to abandon portions of slope easements and process the map for recording. Adopt Resolution No. 2004-106 Rose Drive and portions of slope easements and authorizing the Mayor to sign the Quitclaim deed. approving the sale of the remnant portion of land adjacent to ITEM EXPLANATION: On February 12, 2002, the City Council of the City of Carlsbad approved the tentative map for Carlsbad Tract CT 98-14, a residential subdivision generally located on both sides of Poinsettia Lane west of Aviara Parkway. The project consists of a total of 138 single-family lots, 24 multi-family units (on 1 lot), 3 recreational lots, 2 open space lots, and 1 recreational vehicle storage lot. The project has been approved for 3 phases of mapping. The first phase was recorded in September 2003. The final map for phase 2 is considered complete and is ready for approval at this time. Phase 2 has a total of 39 lots consisting of 38 single-family lots, and 1 open space lot. This subdivision is within Local Facilities Management Plan (LFMP) Zone #20. In 1989, the City of Carlsbad condemned, and paid for, property for a portion of Rose Drive as well as slope and construction easements for Poinsettia Lane. The condemned portion for Rose Drive included a remnant portion of land adjacent to this subdivision. Portions of the condemned slope easements are within the proposed developable pads of the subdivision. Portions of those slope easements are no longer needed because of the approved grading design of the subdivision. Staff has obtained an appraisal for the remnant portion of Rose Drive and the slope easements. The developer has deposited the full-appraised price of $527,424.39 for the purchase of the remnant and for the abandonment of the slope easements. The Quitclaim deed for the remnant portion is attached to this agenda bill. The abandonment of the slope easement within phase 2 is shown on the final map. The portion of slope easement within phase 3 will be abandoned on the phase 3 final map. Engineering staff has completed checking the final map for Carlsbad Tract CT 98-14-2. The final map conforms substantially with the tentative map as approved by the City Council per Resolution No. 2002-046. The final map also conforms to the General Plan, all the applicable requirements of the Municipal Code, City Standards, and Growth Management Plan. No additional discretionary actions will be required for this project prior to issuance of building permits for the subject development. FISCAL IMPACT: The developer pays a plancheck fee to cover the expense of planchecking and processing the final map for recording. All appropriate building permit fees will be paid if and when building permits are issued for this project. The City acquired the remnant portion of Rose Drive and the slope easements using funds from Assessment District No. 88-1. The $527,424.39 in proceeds from the sale of the remnant portion and abandonment of the slope easements will be returned to Assessment District No. 88-1. Page 2 of Agenda Bill No. 17 I 5-71 EXHIBITS: 1. Location Map. 2. Plat of Slope Easements and Remnant Parcel. 3. Resolution No. 2004-105 approving the final map for Carlsbad Tract CT 98-14-2, Thompsonnabata Subdivision, authorizing the City Clerk to abandon portions of slope easements and process the map for recording. 4. Resolution No. 2004-106 approving the sale of the remnant portion of land adjacent to Rose Drive and portions of slope easements and authorizing the Mayor to sign the grant deed. 5. Quitclaim deed for the remnant portion adjacent to Rose Drive. DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick8ci.carlsbad.ca.us LO CAT1 0 N NOT TO SCALE SITE/ SI MAP v \CtlY b MCINKAS PROJECT NAME 1 PROJECT 1 EXHIBIT THOMPSON I TABATA NUMBER I CT98- 14-2 I 3 PLAT MAP THOMPSON / TABATA PROJECT NAME SLOPE EASEMENTS AND REMNANT PARCEL 1 EGEND: PROJECT EXHIBIT NUMBER 2 ~~98-14-2 9 NOT TO SCALE / SLOPE EASEMENTS TO BE PURCHASED FOR BUILDABLE PAD AREA REMNANT PARCEL SLOPE EASEMENTS ON REMAINING SLOPES TO BE ABANDONED 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 RESOLUTION NO. 2004-105 A RESOLUTION APPROVING THE FINAL MAP FOR SUBDIVISION, AUTHORIZING THE CITY CLERK TO ABANDON PORTIONS OF SLOPE EASEMENTS AND PROCESS THE MAP FOR RECORDING. CARLSBAD TRACT CT 98-14-2, THOMPSONlTABATA WHEREAS, Standard Pacific Corp., as Owner, submitted a final map known as Carlsbad Tract CT 98-14-2 to the City of Carlsbad for approval; and WHEREAS, the tentative map of Carlsbad Tract CT 98-14, with conditions, was approved by the City Council of the City of Carlsbad on February 12, 2002 per Resolution No. 2002-046; and WHEREAS, the City Engineer has determined that said map substantially conforms to said conditionally approved tentative map; and WHEREAS, the conditions of approval for said final map have been completed or secured; and WHEREAS, the developer has offered public easements for dedication to the City of Carlsbad; and WHEREAS, the final map conforms to the City of Carlsbad General Plan and all requirements of City codes and standards; and WHEREAS, portions of slope easements within said final map are no longer needed by the City; and WHEREAS, the City Council of the City of Carlsbad determined it to be in the public interest to approve said final map and abandon said slope easements. 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 said final map known as Carlsbad Tract CT 98-14-2, ThompsonlTabata Subdivision, which is on file with the City Engineer and is incorporated herein by reference, is accepted. 3. 4. That the City accepts the dedications as shown on the final map. That the City Clerk is authorized to abandon portions of slope easements on the final maps for CT 98-14-2 and CT 98-14-3. 5 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 5. That the City Clerk is authorized to cause the original final map to be recorded in ie Office of the County Recorder of San Diego County, State of California. 6. That the City Clerk is authorized to release the map to First American Title isurance Company for recording in the Office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council eld onthe 6th dayof April , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard \TTEST .OR&INE M. WWD, City Clerk Resolution No. 2004-105 page 2 (SEAL) 6 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 RESOLUTION NO. 2004-106 A RESOLUTION OF THE CITY OF CARLSBAD TO APPROVE THE SALE OF THE REMNANT PORTION OF LAND ADJACENT TO ROSE DRIVE AND PORTIONS OF SLOPE EASEMENTS AND AUTHORIZING THE MAYOR TO SIGN THE QUITCLAIM DEED. WHEREAS, in 1989 the City condemned property for a portion of Rose Drive and slope easements for Poinsettia Lane; and WHEREAS, a remnant portion of that property for Rose Drive, adjacent to CT 98-14, is not needed for any City purpose; and WHEREAS, portions of the slope easements within CT 98-14 are no longer needed due to additional grading eliminating portions of the slope; and WHEREAS, the City has reviewed the appraised value of the remnant property and slope easement, and WHEREAS, the developer, Standard Pacific Corp., has deposited the appraised value of $527,424.39 with the City, for the sale of the remnant property and for abandonment of a portion of the slope easement. NOW, THEREFORE, BE IT RESOLVED by the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the City of Carlsbad approves the sale of remnant property and abandonment of portions of the slope easements. 3. That the City of Carlsbad authorizes the City Clerk to abandon the slope easements. Ill Ill Ill Ill Ill Ill Ill 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 4. That the City of Carlsbad authorizes the Mayor to execute the quitclaim deed for the sale of the remnant property. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 6th day of Apr i 1 , 2004 by the following vote, to wit: AYES: Council Members Le Finnila, Kulchin, Hall and Packard ATTEST LOR#AIME M. WOOD, City Clerk Resolution No. 2004-106 page 2 (SEAL) RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Standard Pacific 5750 Fleet Street, Suite 200 Carlsbad CA 92008 SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $ ( ) computed on full value of property conveyed, or Project No. & Name: CT98-14 ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad, and Assessor’s Parcel No. Thompson - Tabata 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 FdREVER quitclaim to: Standard Pacific Corporation The followin described real property in the City of Carlsbad, County of San Diego, State of made a part hereof. Exhibit “B” consisting of one page is a tached for c arity only. 9 9 California: F ee title as described in Exhibit “A consistin of one pa e, attached hereto and 1 ATTEST: A , mRAlNE M. WOOD, City Clerk H:\Development Services\Masters\Deeds, Easements. Grant Deeds\Corp Quitclaim Deed of Easement-City 9 5/1/00 RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 Revised February 20, 2004 August 12, 2002 Page 1 of 1 EXHIBIT "A" JN 10-102194.33 LEGAL DESCRIPTION POINSETTIA LANE EXCESS PARCEL AT ROSE DRIVE That portion of the north 7.50 acres of the south 15.00 acres of the west half of the northeast quarter of the northeast quarter of Section 28, Township 12 South, Range 4 West, San Bernardino Meridian, situated in the City of Carlsbad, County of San Diego, State of California, being that portion Parcel 2A2 of Final Order of Condemnation No. N43918 recorded January 25, 1991 as Document No. 1991-0036964 of Official Records, in the Office of the County Recorder of said San Diego County, described as fol lows: BEGINNING at the most northerly corner of said Parcel 2A2; thence along the easterly line of said Parcel 2A2 South 00'32'42" West 178.58 feet to a non-tangent point of cusp with a curve concave southwesterly, having a radius of 330.00 feet, concentric with and 60.00 feet northeasterly of that certain curve described as having a radius of 270.00 feet and a central angle of 36'29'01" along the southwesterly line of said Parcel 2A2 in said Final Order of Condemnation, a radial line of said concentric curve from said point bear South 65'55'31" West; thence along said curve northwesterly 68.33 feet through a central angle of 11"51'50" to the tangent intersection with a line parallel with and 60.00 feet northeasterly of that certain course described as "North 35'56'14" West 55.20 feet" in said Parcel 2A2; thence along said parallel line North 35'52'19" West 55.14 feet to the beginning of a tangent curve concave easterly and having a radius of 25.00 feet, the northeasterly terminus of said curve shall be tangent to that certain curve described as being concave southeasterly, having a radius of 1549.00 feet and a central angle of 06'51'06" in said Parcel 2A2; thence along said curve having a radius' of 25.00 feet northwesterly, northerly and northeasterly 40.17 feet through a central angle of 92'04'13" to said tangent intersection, a radial line of said curves from said intersection bears South 33"52'06" East; thence along said curve northeasterly 73.36 feet through a central angle of 02"42'49" to the POINT OF BEGINNING. CONTAINING: 6926 Square feet. EXHIBIT "6" attached and by this reference made a part hereof. ______I________------------------ BRI%/&LTA RADIUS LENGTH I S00 '32'42"W -- 178.58' 2 11'51'50" 330.00' 68.33' 3 N35'56'19"W -- 55.14' 4 92'04'13" 25.00' 40. 17' 5 02'42'49" 1549.00' 73.36' 91. 17' 6 htW'32'42"E -- 7 (S00'32'47"W -- 388.92') 8 (36'29'01" 270.00' 171.92') 10 (06'51'06" 1549.00' 185.24') (S00'32 '47"W -- 91.00') 9 (M35'56'14"W -- 55.20') EXHIHT BW SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR WE EXCESS PARCEL A T POINTETTIA LANE AND ROSE DRIVE CONTAINING: 6926 S.F. m I \ NOTE DA TA IN PARENTHESIS IS RECORD PER PCL. 2A2, INST. NO. 1991-0036964,O. R. SHEET 1 OF 1 SHEET PUNNINO H DLBIQN H CONSTRUCTIOC W25 KTON PbXWAY mc*wRuO26m-m27 CONSULTINO 040.4723505 FAX040.472&373 rnl8f.com avIsElfi FE6wuIIRY 20. m AWT 12, 2002 J. N. 10- 102 194 It \PDATA\ 10102194\~\~IM\~IBIl3\ 194EXO12.UW CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } ss. State of California County of . ~AFJ. b! ‘E&& ,. ’I On 4--/2.- 04 , before me,-k4fia ./ TOL I iJm p?Er\, Name and Title of Officer (e 9.. ” ane Doe, Notary Publc”) Date 1 m/s Name(s) of Signer@) personally appeared personally known to me proved to me on the basis of satisfactory evidence c Place Notary Seal Above to be the personh whose nameh is/- subscribed to the within instrument and acknowledged to me that he/- executed the same in hislhedtktr ’ authorized capacityw, and that by his/- signaturew on the instrument the personM, or the entity upon behalf of which the person@& acted, executed the instrument. WITNESS mv hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons dying on the document and could prevent fraudulent removal and reattachment of this form to another document. .- %&Meh/~ Description of Attach Title or Type of Document: &N &lTU.lU Dm OF Document Date: 4- 8- OF Number of Pages: 3 Signer(s) Other Than Named Above: Lo e&% MG M* cc, 003 Capacity(ies) Claimed by Signer Signer’s Name: I 0 Individual Corporate Officer - Title(@: .. \. 0 Partner - 0 Limited 0 General Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Too of thumb here I 0 1997 National Notary Association * 9350 De Soto Aue , P.O. Box 2402 * Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827