The URL can be used to link to this page

Home My WebLink About2004-08-10; City Council; 17749; Quitclaim an IOD for public trail easement4B# 17,749 TITLE: APPROVING THE QUITCLAIM OF AN EXISTING IRREVOCABLE OFFER TO DEDICATE A MTG. 811 0/04 PUBLIC TRAIL EASEMENT OVER A PORTION OF lClTY MGR. % I LOT 3 AND LOT 4 OF CARLSBAD TRACT NO. 92-08 IEPT. ENG (PR 02-07) &a CITY ATTY RECOMMENDED ACTION: Adopt Resolution No. 2004-267 approving the quitclaim of an existing irrevocable offer to dedicate a public trail easement over a portion of Lot 3 and Lot 4, Carlsbad Tract No. 92-08 as shown on Map No. 13997. ITEM EXPLANATION: The trail easement was originally offered for dedication on Carlsbad Tract 92-08 and recorded in the office of the San Diego County Recorder as Map No. 13997 on July 10, 2000, as File Number 2000-362589. The easement was intended to accommodate a public trail system within the subdivision. During the processing of the Site Development Plan (SDP) for Lots 3 and 4, relocation of the trail was determined to be necessary. Additional easements to accommodate the realigned trail have been granted and accepted. Due to the relocation of the trail during development, that portion of the existing offer of dedication over Lot 3 and Lot 4, as described in the attached quitclaim deed, is no longer necessary. FISCAL IMPACT: The item has no fiscal impact to the City. The trail easement was granted to the City for a no fee cost acquisition and the City will quitclaim the easement for a no fee cost return to the property owner. The owner has paid the standard fee for processing this quitclaim. EXHIBITS: 1. Location Map. 2. Quitclaim deed. 3. Resolution No. 2004-267 approving the quitclaim of an existing irrevocable offer to dedicate a public trail easement over a portion of Lot 3 and Lot 4, Carlsbad Tract CT 92-08 (PR 02-07). DEPARTMENT CONTACT: John Maashoff, (760) 602-2747, jmass@ci.carlsbad.ca.us I LOCATION MAP 1 MAP SI PROJECT NAME PROJECT EXHIBIT 7 NUMBER PR02-07 QUITCLAIM OF PUBLIC TRAIL EASEMENT ORAH BY: SCOTT EVANS. CARLSBAD ENC/NEERING DEPT. 4/7/04 C: \DEMLOPMENT PROXCTS\PR02-07.Dffi A August 12,2004 Gerald Anderson Mayers & Associates 19 Spectrum Pointe Dry Ste 609 Lake Forest CA 92630 RE: Quitclaim Deed of Easement On August 10, 2004 the Carlsbad City Council adopted Resolution 2004-267 approving a quitclaim deed of easement over a portion of Lot 3 and Lot 4 of Carlsbad Tract 92-08 to Fourth Quarter Properties XXX, LLC. A copy of the Resolution is enclosed. The second page of the Resolution, item 3, indicates that our office shall release the original quitclaim deed to the property owners to be recorded. As per your request as the Civil Engineering firm on this project I am enclosing the original quitclaim deed. The item has been fully executed and notarized as required. The information in the upper left corner (Recording Request by/When Recorded Mail to:) will need to be filled in with the property owner information before recording at the San Diego County Recorders Office. If you have any questions, Please contact John Maashoff at 760-602-2747. Sincerely, I Debra Doerfler Deputy Clerk Enclosures (2) Cc: John Maashoff 1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1 989 0 (760) 434-2808 @ RECORDING REQUESTED BY WHEN RECORDED MAILTO: SPACE ABOVE THIS LINE FOR RECORDERS USE The undersigned grantor(s) declare(s): Documentary transfer tax is $=JW Assessor’s Parcel No. 255-01 2-03 255-01 2-04 - - - - - - . ( ) 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: Carlsbad (The Pavillion) PR 02-07 (SDP 00- 10) The Forum at encumbrances remaining at time of sale 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: . the following described real ro erty in the City of Carlsbad, County of San Diego, State of Califgrnia: an irrevocable o er o dedicate a ublic trail easement as described in Exhibit “A” consisting of 1 page, attached hereto and ma e a part hereof. Exhibit “B” consisting of 1 page is attached for clarity only. Fourth Quarter Properties, XXX, LLC, a Georgia limited liability company CP fpP I -E M. (SEAL) AB 17,749 item #2 811 0104 H:\Development Sewices\PROJECTS\SDP FILESSDP 00-1 0 Pavilion - MaashomDeeds-Easemnts\Trail Qclatm Deed.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of S++d 3, EGC On AUGUST /I personally appeared CLff 1!4& SI~JO~ before me, Dale ' Name and mile of Officer (e g , "Jane Doe, dotary Public") ' , Name@) of Stgner(s) . L w I.< 6ersonally known to me -. within instrument or the entity upon behalf of which the personw acted, executed the instrument. SS my hand and official seal. I OPTIONAL 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: I I 4 I m BF FAi$27Ywfl I Document Date: 9 /D lo Ll Number of Pages: I Signer@) Other Than Named Above: /10 fi e I Capacity(ies) Claimed by Signer(s) I I I I I I I I I I - Signer's Name: @khX-h/ 4 PI &&dl .s O Individual 0 Corporate Officer Title@): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Other: f%%c/Rl? Signer Is Representing: Signer's Name: 0 Individual 0 Corporate Officer Title@): 0 Partner - 0 Limited 0 General 0 Attornev-in-Fact 0 Trustee- 0 Guardian or Conservator 0 Other: nb here I I I Signer Is Representing: 0 1994 National Notary Association 8236 Remmet Ave.. P.O. Box 7184 Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT A (LEGAL DESCRIPTION) SHEET I OF 1 PR 02-07 QUITCLAIM OF A PORTION OF AN “IRREVOCABLE OFFER” TO DEDICATE A PUBLIC TRAIL EASEMENT AS SHOWN ON MAP NO. 13997 Those portions of Lots 3 and 4 in the City of Carlsbad Tract No. 92-08, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13997, filed July IO, 2000 in the Office of the County Recorder of said County, described as follows: A strip of land 12.00 feet wide over portions of said Lots 3 and 4, the sidelines of said strip being parallel with and 6.00 feet Westerly and Northerly and 6.00 feet Easterly and Southerly, measured at right angles, to the following described centerline: Beginning at the Southeast corner of said Lot 4 of Tract No. 92-08; thence Westerly along the Southerly line of said Lot 4, South 88” 14’ 44” West, 107.39 feet to the True Point of Beclinning; Thence along a non-tangent curve concave Southeasterly having a radius of 19.00 feet, a radial line to said True Point of Beginning bears North 67” 25’ 07” West; thence Northeasterly 18.68 feet along said curve through a central angle of 56” 20’ 40”; thence North 78” 55’ 33” East, 87.00 feet to the beginning of a curve concave Northwesterly having a radius of 22.00 feet; thence Northeasterly 11.89 feet along said curve through a central angle of 30” 57’ 13” to a point in the line common to said lots 3 and 4, said point being North 04” 37’ 45” East, 30.17 feet from said Southeast corner of said Lot 4; thence continuing Northeasterly 16.64 feet along said curve through a central angle of 43” 20’ 35” to a point 6.00 feet Easterly, measured at right angles, from said line common to Lots 3 and 4; thence tangent to said curve and parallel with said common line, North 04” 37’ 45” East, 230.04 feet to the terminus of said centerline. The sidelines of said strip being shortened or lengthened so as to terminate on the North by a line bearing North 88” 04’ 27” West and on the South by the Southerly line of said Lot 4. Contains 4,371 Sq. Ft. or 0.100 acres, more or less. BRIAN K. MICkELSON, L.S. # 7320 MY LICENSE EXPIRES JUNE 30,2005 4 P:\01406441 The Pavilion at La Costa\Calc\Legal Description\OlM)6401 ES-Trail Vacation EXH A (legal).doc SHEET 1 OF ' PR02-0' EXHIBIT B (SKETCH TO ACCOMPANY LEGAL DESCRIPTION) QUITCLAIM OF A PORTION OF AN "IRREVOCABLE OFFER" TO DEDICATE A PUBLIC TRAIL EASEMENT AS SHOWN ON MAP NO. 13997 BASIS OF BEARING ALL BEARINGS AND DISTANCES SHOWN HEREON ARE PER TRACT NO. 92-08, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF OF THE COUNTY RECORDER OF SAID COUNTY N 88"04'27" W 12.02' CALIFORNIA ACCORDING TO MAP NO. 13997 FILED IN THE OFFICE LEGEND PROPOSED VACATION OF "OFFER TO DEDICATE" PUBLIC TRAIL EASEMENT APN 255-012-04 f /\ u j\J DJ ,I\) DJ A=30°57'1 3" R=22.00' APN 255-01 2-03 #i I GRANT OF EASEMENT RECORDED OCT. 30,2002 INST. # 2003-1322313 C 2 o'r , r) cl c II AI T.P.0.B A =56"20'40" VACATION OF A R=19.00 PORTION OF PUBLIC TRAIL ) P.O.B. SE CORNER VACATION OF A LOT 4 PORTION OF PUBLIC TRAIL EASEMENT. BRIAN K. MICKELSON, L.S. # 7320 Civil Engineering, Inc. MY LICENSE EXPIRES JUNE 30,2005 PLANNING SURVEYING 19 Spectrum Pointe Drive Suite 609 Lake Forest, CA 92630 nut P WlMlMDf THEPAVILIONATU COSTAICALCILE(t4L C€SCRlPTloMlllwMOl ES-TRAIL VACAllONEXHB (SKETCH)Dh 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. 2004-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO QUITCLAIM AN EXISTING IRREVOCABLE OFFER TO DEDICATE A PUBLIC TRAIL EASEMENT OVER A PORTION OF LOT 3 AND LOT 4, OF CARLSBAD TRACT CT 92-08 (PR 02-07). WHEREAS, Fourth Quarter Properties XXX, LLC, has submitted a request to quitclaim an existing irrevocable offer to dedicate a public trail easement over a portion of Lot 3 and Lot 4 of Carlsbad Tract CT 92-08; and WHEREAS, the irrevocable offer was never accepted by the City of Carlsbad; and WHEREAS, due to the redesign and relocation of the public trail with the recent development of the subject lots, that portion of the existing irrevocable offer to dedicate is no longer needed; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim said irrevocable offer; 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 the quitclaim deed conveying the irrevocable offer to dedicate a public trail easement over a portion of Lot 3 and Lot 4 of Carlsbad Tract 92-08 to Fourth Quarter Properties XXX, LLC, a Georgia limited liability company, is on file with the City Clerk and is incorporated by this reference is approved. 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 v 3. That the Mayor is authorized to execute the original quitclaim deed and the City Clerk is hereby authorized to cause the original quitclaim deed to be released to the property 3wners 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 loth day Of Ausust , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Pnckard NOES: None n ATTEST . A, tbRdAINE M. WOOD, City Clerk (SEAL)