HomeMy WebLinkAbout2004-09-14; City Council; 17779; Quitclaim of Covenant for Easement for DrainageAPPROVING THE QUITCLAIM OF A
COVENANT FOR EASEMENT FOR
PURPOSES OVER LOT 175 AND 1
RECOMMENDED ACTION:
Adopt Resolution No.
drainage purposes over lot 175 and 176 of Map No. 14379, Carlsbad Tract CT 99-04.
2004-288 approving the quitclaim of a covenant for easement for
ITEM EXPLANATION:
The Villages of La Costa-La Costa Oaks South project is a residential subdivision approved by the
City of Carlsbad as Carlsbad Tract CT 99-04. The Oaks South master planned area was mapped
and graded in phases. The first map was recorded on April 29, 2002 as Map No. 14379. At the
time the first map recorded, grading plans created large mass graded residential pads, these pads
coincided with lots created on the map.
The first phase of the project created lots that drained through one another rather than into a public
storm drain system. In order to ensure the drainage patterns established by the grading plan were
maintained, the City required the developer to execute a Covenant for Easement for drainage
purposes concurrently with the final map. This covenant for easement ensured that upon sale of
any affected lot, a drainage easement would be conveyed with the property.
Since recordation of the covenant for easement, lots 175 and 176 have been further subdivided as
Carlsbad Tract CT 02-04 and CT 02-05. A condition of approval for these tracts was that a public
storm drain system be installed to convey runoff from all portions of the lots to an approved public
drainage course downstream thereby eliminating the cross-lot drainage patterns created by the first
map, Map No. 14379.
Staff supports the quitclaim of the covenant of easement for drainage purposes as it is no longer
needed.
FISCAL IMPACT:
The item has no fiscal impact to the City. The covenant for 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 deeds.
3. Resolution No. 2004-288 approving the quitclaim of a covenant for easement for
drainage purposes over lot 175 and 176 of Map no. 14379.
DEPARTMENT CONTACT: John Maashoff, (760) 602-2747, jmass@ci.carlsbad.ca.us
I
LOCATION
PROJECT NAME QUITCLAIM OF COVENANT OF EASEMENT FOR DRAINAGE PURPOSES
MAP
PROJECT EXHIBIT NUMBER 7 ~~04-37
NOT TO SCALE
LOT 175
\
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s):
Documentary transfer tax is $o.oO Assessor's Parcel No. Z'3-680-01 through 45
223-681-01 through 18
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
( ) Unincorporated area: (x) City of Carlsbad, and
Project No. & Name:
Villages of La Costa - The Oaks South
PR 04-37
encumbrances remaining at time of sale CT 99-04-01
CORPORATION QUITCLAIM DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of Carlsbad, a Municipal Corporation
or anized under the laws of the State of California does hereby REMISE, RELEASE, AND F~REVER quitclaim to:
Puke Home Corporation, a Michigan Corporation
the following described covenant for easement over lots 1 through 63 of Carlsbad Tract CT 02- 04 according to map no. 14617 in the City of Carlsbad, County of San Diego, State of California: a covenant for easement for drainage pur oses recorded in the office of the San Diego County Recorder on April 29, 2002 as file no. 20 c: 2-0358067.
ATTEST:
(SEAL)
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H:\Development SeMces\PROJECTS\CT FILESCT 99-04-01 Villages - Oaks - MaashoftlDeeds-Easemnts\gRA" DEED OF Esrnt pr 04-37.d~ 6/1/00 y
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} ss.
State of California
County of SzW 'i31a-o
33h&eGCg To VI 93 PAwenl ,
Name and ntle of Ofticer (e.9.. "Jane Doe, Notary Public") On 9 /I b /O , before me,
Date
personally appeared CLAUD6 4, UZcclts
Place Notary Seal Above
Name($ of Signer@)
&personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the personh whose name(& is/are
subscribed to the within instrument and
acknowledged to me that he/4keftkey executed
the same in his/trerftl.rei.r authorized
capacityfres), and that by hislherf4Mr
signaturewon the instrument the person& or
the entity upon behalf of which the personh
acted, executed the instrument.
WITNESS my hand and official sea!,
SignatureQ(Notary Publlc
0 P TI0 NA L
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: 0 f- f 0 l!-AT(O RI & i.A1T~~&lM OF M?sEfMw
I Document Date: 5 *~preM~c/x 16 am 4 Number of Pages:
Signer(s) Other Than Named Above: ed I /A 1 60 D
Capacity(ies) Claimed by Signer
Signer's Name: LLfl UI)c b%. k ,'mis
0 Individual
Corporate Oficer - Title(s): b fiv 0 14 mmb here I
0' Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
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Signer Is Representing:@' llr @F c4/tRLsbm
0 1997 National Notary Assoclatlon - 9350 De Soto Ave , PO Box 2402 - Chatsworth. CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s):
Documentary transfer tax is $o.oO Assessor's Parcel No. 223-680-46 through 48 223-681-19 through 20 223-691 -34 223-692-28 through 30
( ) computed on full value of property conveyed, or Project No. & Name: PR 04-37
( ) computed on full value less value of liens and
( ) Unincorporated area: (x) City of Carlsbad, and
Villages of La Costa - The Oaks South
encumbrances remaining at time of sale CT 99-04-01
CORPORATION QUITCLAIM DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of Carlsbad, a Municipal Corporation
or anized under the laws of the State of California does hereby REMISE, RELEASE, AND F~REVER quitclaim to:
REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION
the following described covenant for easement over lots 64 through 68 of Carlsbad Tract CT 02-04 according to map no. 14617, lots 99 through 103 of Carlsbad Tract CT 02-05 according to map no. 14618, all being in the City of Carlsbad, County of San Diego, State of California: a covenant for easement for drainage pur oses recorded in the office of the San Diego County Recorder on April 29, 2002 as file no. 20 8 2-0358067.
mRRAINE . WOOD, City Clerk )" (SEAL)
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H:U)evelopment SeMces\PROJECTS\CT FILES\CT 99-04-01 Villages - Oaks - MaashofhDeeds-Easernts\RECM DEED OF Esmt pr 04-37.doc 6/1/00 '>
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California } SS. Countyof S'PrN ?>rG G-D
s!/b /o cc , before me, isA-m-w JCO uip &ueN On , Name and Title of Officer (e g , "Jane Doe, Notary Public") Date
personally appeared CLAUDE A> MUIS
Name($ of Signer($
qpersonally known to me
proved to me on the basis of satisfactory
evidence
to be the personw whose name0 islare
subscribed to the within instrument and
acknowledged to me that he/&&bey executed
the same in hislhdiheir authorized
capacityftes-), and that by his/-
signaturewon the instrument the person& or
the entity upon behalf of which the personM
acted, executed the instrument.
WITNESS my hand and official sea!,
Place Notary Seal Above
kza%U-LUY& Signatuuof Notary Public
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
TitleorTypeofDocument: CO &hRftT/Ow dU ITcMIM b& bp 6@cf'hf?'AJT
Document Date: sm ,u 16, so& Number of Pages: /
Signer(s) Other Than Named Above: b&QrhN (= .e- boo D
Capacity(ies) Claimed by Signer
0 Individual
Corporate Officer - Title(s): /2.2 &v 0
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
Guardian or Conservator
0 Other:
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.c Signer's Name: 'De A. Id e (ZbfS I
Signer Is Representing: ciry OF
0 1997 National Notary Association 9350 De Soto Ave , PO Box 2402 * Chakwrth, CA 913132402 Prod No 5907 Reorder Call Toll Free 1-800-876-6827
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s):
Documentary transfer tax is $o.oO Assessor's Parcel No. 223-691-01 through 33 223-692-01 throuah 27
223-693-01 through 17
223-690-01 through 21
( ) 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:
Villages of La Costa - The Oaks South
PR 04-37
encumbrances remaining at time of sale CT 99-04-01
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:
DW Oaks South, L.P., a California Limited Partnership
the following described covenant for easement over lots 1 throu h 98 of Carlsbad Tract CT 02- 05, map no. 14618, in the City of Carlsbad, County of Sansiego, State of California: a covenant for easement for drainage pur oses recorded in the office of the San Diego County Recorder on April 29, 2002 as file no. 20 8 2-0358067.
ATTE-ST: )
mRAINE7. WOOD, City Clerk (SEAL)
H:\Development Services\PROJECTS\CT FILES\CT 99-04-01 Villages - Oaks - MaashoMDeeds-Easernents\Qclairn deed pr 04-37-DW 0aks.doc 6/1/00 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
-TSfi&L& Tovm P?UE*
Name and Title of OKer (e g "Jane Doe, Notary PuMlc")
personally appeared CCAuDe As LEUG Name@) of Signer(s)
&personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the personb whose namek is/*
subscribed to the within instrument and
Qn 139w7 acknowledged to me that helsbdthy executed "-c"ybmb the same in his/Mr authorized
capacity@es), and that by hismr
signaturw on the instrument the personw, or
the entity upon behalf of which the personw
m.- - -
.- v n.1
Place Notary Seal Above
acted, executed the instrument.
WITNESS my hand and official szal.
Sig&re of Notary Public
Of TIONAL
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: CO k?o$-l%-/ON @U ITCLfirM 0 kfisM &A6
Document Date: SUE WAnz !L ad Number of Pages:
Signer(s) Other Than Named Above: Cof?+kkl d1 ? boob
Capacity(ies) Claimed by Signer
0 Individual
Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: 1rY 0 (3&rzcs
Signer's Name: cLRU.DC? 6, CL 7w is
M fiy 0 I?
0 1997 National Notary Association * 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder Call Toll-Free 1-800-876-6627
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RES 0 L U TI 0 N N 0. 2004-288
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO QUITCLAIM A COVENANT
FOR EASEMENT FOR DRAINAGE PURPOSES OVER LOTS
175 AND 176 OF MAP NO. 14379.
WHEREAS, Morrow Development, has submitted, on behalf of Puke Home Corporation, a
Michigan Corporation, DW Oaks South, L.P., a California Limited Partnership, and Real Estate
Collateral Management Company, a Delaware Corporation, a request to quitclaim a covenant for
easement for drainage purposes over lots 175 and 176 of Map No. 14379; and
WHEREAS, Lots 175 and 176 of Map No. 14379 have been further subdivided and
developed, and
WHEREAS, appropriate public drainage easements have been dedicated to the City with
the development of lots 175 and 176; and
WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public
interest to quitclaim said covenant for easement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the covenant for easement over lots 175 and 176 of Map 14379, recorded in
the office of the County Recorder on April 29, 2002 as document number 2002-0358067 is on file
Nith the City Clerk and is incorporated by this reference is approved.
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3. That the Mayor is authorized to execute the original quitclaim deeds and the
City Clerk is hereby authorized to cause the original quitclaim deeds to be released to the property
owners 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 14th day of September , 2004 by the following vote, to wit:
AYES:
NOES: None
Council Members Lewis, Finilla, Kulchin, Hall and Packard.
ATTEST
-. LORWIfiE M. WOOD, City Clerk (SEAL)
7