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Home My WebLink About2004-09-14; City Council; 17780; Quitclaim of General Utility EasementAB# 17,780 MTG. 9/14/04 DEPT. ENG CITY ATTY. TITLE: APPROVING THE QUITCLAIM OF A PORTION OF THE GENERAL UTILITY EASEMENT WITHIN THE VILLAGE BY THE SEA PROJECT AS GRANTED ON MAP NO. 14580, CARLSBAD TRACT CT 01 -1 0, (PR 04-40) RECOMMENDED ACTION: Adopt Resolution No. 2004-289 approving the quitclaim of a portion of the general utility easement within the Village by the Sea project as granted on map no. 14580, Carlsbad Tract CT 01- IO. ITEM EXPLANATION: The Village by the Sea project was approved as Carlsbad Tract CT 01-10. A final map for the project recorded as Map No. 14580 on May 1, 2003. A general utility easement was granted to, and accepted by, the City on the final map. The easement was intended to accommodate proposed public sewer and water systems within the project. During construction of the project, a design change occurred and the utilities located within that portion of the easement being quitclaimed were determined to be no longer necessary. All public water and sewer facilities necessary to serve the site have been constructed and there is no longer a need for that portion of the general utility easement proposed to be quitclaimed. FISCAL IMPACT: The item has no fiscal impact to the City. The general utility 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. EXHl BITS: 1. Location Map. 2. Quitclaim deed. 3. Resolution No. 2004-289 approving the quitclaim of a portion of the general utility easement within the Village by the Sea project as granted on Map No. 14580, Carlsbad Tract CT 01-10. DEPARTMENT CONTACT: John Maashoff, (760) 602-2747, jmass@ci.carlsbad.ca.us I LOCAT IO N r PROJECT EXHIBIT I VILLLAGE BY THE SEA NUMBER PROJECT NAME QUITCLAIM OF GENERAL UTILITY EASEMENT ~~04-40 MAP SI NOT TO SCALE i RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDERS USE The undersigned grantor(s) declare(s): Documentary transfer tax is Assessor's Parcel No. 203-1 72-24-00 ( ) 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: CT 01-10 Quitclaim of General Utility Easement encumbrances remaining at time of sale PR 04-40 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: Anastasi Development Company, L.L.C., a California limited liability company the following described real property in the City of Carlsbad, County of San Diego, State of California: a general utility easement as described in Exhibit "A" consisting of one (1 pa e, attached hereto and made a part hereof. Exhibit "B consisting of one (1) page is attac )h7 ed or clarity only. DATED 9/16/2004 J prrs 17,7530 H:\Development Services\Masten\Deeds. Easements. Grant Deeds\Corp Quitclaim Deed of Easement-City (SEAL) 6"'00 3 JUNE 30, 2004 PAGE 1 OF 1 J.N.: 001029-01 EXH I B IT "A" LEGAL DESCRIPTION QUITCLAIM OF GENERAL UTILITY EASEMENT PR 04-40 A PORTION OF LOT 1 OF CARLSBAD TRACT NO. 01-10, VILLAGE BY THE SEA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14580 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MAY 1, 2003, AS FILE NO. 2003-0509741. BEGINNING AT THE MOST SOUTHERLY CORNER POINT OF THE ABOVE MENTIONED LOT NO. 1, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF CHRISTIANSEN WAY; THENCE ALONG SAID RIGHT OF WAY NORTH 55'14'45" EAST A DISTANCE OF 95.00 FEET TO A POINT THAT IS THE SOUTHWESTERLY TERMINUS OF THE GENERAL UTILITY EASEMENT GRANTED ON THE ABOVE MENTIONED MAP; THENCE LEAVING THE ABOVE MENTIONED RIGHT OF WAY LINE, NORTH 34O45'15'' WEST 42.67 FEET ALONG THE SOUTHWESTERLY LINE OF ABOVE MENTIONED EASEMENT LINE; THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID EASEMENT NORTH 34'45'15" WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTHWESTERLY LINE OF THE ABOVE MENTIONED EASEMENT, THENCE ALONG THE SOUTHWESTERLY LINE OF THE ABOVE MENTIONED EASEMENT NORTH 34O45' 15" WEST 90.41 FEET, THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 55'14' 45" EAST 24.00 FEET TO THE SIDELINE OF THE ABOVE MENTIONED EASEMENT THAT IS PARALLEL TO AND 24.00 FEET EASTERLY FROM THE ABOVE MENTIONED SOUTHWESTERLY EASEMENT LINE, THENCE SOUTH 34O45'15" EAST 90.41 FEET ALONG SAID PARALLEL EASEMENT LINE, THENCE LEAVING SAID EASEMENT LINE SOUTH 55'14'45" WEST 24.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 2,170 S.F. OR 0.05 ACRES MORE OR LESS. Q:\001029\Quitclaim Esmt CT 01-10.lgl.doc LEGEND: - . . ,-, EXISUNG SUBDIVSIO/ BOUNDARY EX H I BIT CT 07-10 " B " WI TCYIAIM LF &WRAL U77ffW €ASWNT PRA-A €XISUNG GENEML --- 2710 Loker Ave. W. 760-931-7700 Carlsbad, CA 760-931-8680 Suite 100 Fax: 92008 Qulrc.lM .5lSEM€NT ARB %R 0.B. - TRUE PaNT bF 6WffNING SOU ?HMSIE72L Y LIN€ OF R O. .S NO. 9648 LE N5520'os"r 9553' - DEStXIPZlrn A PORUON OF Lor r OF CARLSBAD EA, IN ?HE ciry OF CARLSBAD, WFORNIA, ACCORDING ro RE MAP FACT NO. 01-10, WAG€ BY ?HE ?OUNTY OF SAN DIEGQ Sa IE OF WEREOF NO.14580 fL€i9 IN ?HE 7FflCE OF ?H€ COUNTY R€CORDER 7F SAID SAN DIEGO COUNm 4A Y 1, 2004 AS flLE NO. ?003-0509741 SCALE: 1" = 60' SHI: I OF 1 SHE 50 ' -I-- I -.-I I I I r--- i r- II I I I- I r-- N55 Y 4 '45T I ,-24.00'\ 50' 50' CffRlSMffSEff WAY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof 72Id DIEC-B } SS. On q!lb,/O$ , beforeme, xshagk& zulm P hue/v , Date Name and Title of ORicer (e g , "Jane Doe, Notary Public") personally appeared Name(s) of Signer(s) kpersonally known to me 0 proved to me on the basis of satisfactory evidence to be the personh whose namek) is/m subscribed to the within instrument and acknowledged to me that helm executed the same in his/he&k?ir authorized capacityo, and that by hismr signaturem on the instrument the person& or the entity upon behalf of which the personw acted, executed the instrument. WITNESS mv hand and official seal. Place Notary Seal Above Signal& of Notary Public OPT10 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: EO - PO RkKto r3 Q L4 ITkb IM am 6 ~SEM W I Document Date: S@TG!J\ &x I 6 200 4 Number of Pages: 3 Signer(s) Other Than Named Above: c16 w6 0 0 b Capacity(ies) Claimed by Signer Signer's Name: CLfiu fi, ks 0 Individual Corporate Officer - Title(s): 0 Partner - 0 Limited 0 Gen 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notary Association * 9350 De Solo Ave , PO Box 2402 Chatsworth. CA 91313-2402 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 RESOLUTION NO. 2004-*89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE QUITCLAIM OF A PORTION OF THE GENERAL UTILITY EASEMENT WITHIN THE VILLAGE BY THE SEA PROJECT AS GRANTED ON MAP ' NO. 14580, CARLSBAD TRACT CT 01 -1 0. (PR 04-40) WHEREAS, Anastasi Development Company, L.L.C., has submitted a request to quitclaim 3 portion of the general utility easement within the Village by the Sea project as granted on map io. 14580, Carlsbad Tract CT 01 -1 0; and WHEREAS, due to the redesign and relocation of the public utilities with the Village by the Sea project, that portion of the general utility easement requested to be quitclaimed contains no Dublic utilities; and WHEREAS, The City Engineer of the City of Carlsbad has determined that the portion of :he general utility easement requested to be quitclaimed is no longer needed; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public nterest to quitclaim that portion of the existing general utility easement; 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 conveying a portion of the general utility and access 2asement on map no. 14580, to Anastasi Development Company, L.L.C., is on file with the City 3erk and is incorporated by this reference is approved. Ill rll Ill 'JI Ill 'JI VI 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 original quitclaim deed and the 3ty Clerk is hereby authorized to cause the original quitclaim deed to be released to the property Dwners 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: Council Members Lewis, Finilla, Kulchin, Hall and Packard. NOF: None ATTEST L&& %- INE M. WOOD, City Clerk (SEAL)