HomeMy WebLinkAbout2004-09-14; City Council; 17781; Quitclaim of any Interest in an Existing Easementn
TITLE:
APPROVE AND AUTHORIZE A QUITCLAIM OF
ANY INTEREST IN AN EXISTING EASEMENT ACROSS
LOTS 28 THROUGH 34 AND LOT 78 OF
CT 97-1 6A (PR 04-41 )
13 w
cc a a
s
a
.. z 0 F 0 a n p! a 0 m
DEL. &." /%'
CITY ATTY.
CITY MGR.
iB# 17,781
ATG. 09/14/04
IEPT. ENG
RECOMMENDED ACTION:
Adopt Resolution No.
28 through 34 and lot 78 of CT 97-16A per Map No. 14340.
2004-290 to quitclaim any interest in an existing easement across lots
ITEM EXPLANATION:
On October 18, 1965, an easement for water supply pipe-line and public utilities was recorded as file
no. 189244 in the office of the San Diego County Recorder. The easement was entered into by
various property owners for their mutual benefit over portions of land within, and adjacent to, what is
currently known as the Kelly Ranch Core Area, Carlsbad Tract CT 97-16A. The City is a successor
in interest to one of those adjacent properties.
On January 1, 2002, the Kelly Ranch Core Area was subdivided as Carlsbad Tract CT 97-16A and
recorded as map no. 14340. The final map identified the easement areas to be quitclaimed.
Development of the Kelly Ranch Core Area is currently underway and the property owner has
requested the City quitclaim any interest in the easement vclithin the boundary of the subdivision.
Staff concurs with the owners that there are no waterline facilities or public utilities within the
easement. The easement is no longer necessary and therefore can be quitclaimed.
ENVIRONMENTAL REVIEW:
The proposed quitclaim is exempt from environmental review under the California Environmental
Quality Act Section 15061 (b)(3), because it can be seen with certainty that there is no possibility that
the quitclaim may have a significant effect on the environment.
FISCAL IMPACT:
The original easement was granted for a no cost acquisition and the City will quitclaim the easement
for a no cost return to the property owner. The property owner has paid the standard fee for
processing this quitclaim.
EXHIBITS:
1. Location map.
2. Resolution No. 2004-290 to quitclaim any interest in an existing easement across lots
28 through 34 and lot 78 of CT 97-16A per map no. 14340.
3. Corporation quitclaim deed of easement PR 04-41.
DEPARTMENT CONTACT: John Maashoff, (760) 602-2747, jmaas@ci.carlsbad.ca.us
LOCATl ON MAP
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. 2004-290
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO QUITCLAIM ANY INTEREST
IN AN EXISTING EASEMENT OVER LOTS 28 THROUGH 34
AND LOT 78 OF CT 97-16A PER MAP NO. 14340 (PR 04-41)
WHEREAS, On October 18, 1965, an easement for water supply pipe-line and public
utilities was recorded as file no. 189244 in the office of the San Diego County Recorder; and
WHEREAS, portions of the easement encumbered the property currently known as the
Kelly Ranch Core Area;
WHEREAS, a final map for the Kelly Ranch Core Area was recorded on January 1, 2002,
as map no. 14340, and the property is currently being developed; and
WHEREAS, those portions of the easement being quitclaimed are no longer needed by
the City for waterline or public utility purposes; and
WHEREAS, the current property owner has submitted a request for quitclaim of the
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 City of Carlsbad quitclaims any interest in the existing easement across
lots 28 through 34 and lot 78 of CT 97-1 6A per Map No 14340.
Ill
Ill
Ill
w
vi
VI
r//
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 deed and the City Clerk is hereby
authorized to release the original quitclaim deed to Shea Homes Limited Partnership, A California
Limited Partnership.
PASSED, APPROVED AND ADOPTED at a special meeting of the City of Carlsbad held
on the 14th day of September , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finilla, Kulchin, Hall and Packard.
NOES: None
ATTEST
LaRRdINE &h= M. WOOD, Secretary
(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 undersigned grantor(s) declare(s):
Space above this line for Recorder's Use.
Assessor's Parcel No. 208-184-01-00
208-181-08-00 thru 208-181-14-00
Documentary transfer tax is $ OO.Ofi/w
( ) 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
Kelly Ranch Core
CT 97-16A, PR 04-41
CITY OF CARLSBAD
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. - ROBERT J. WOJClK fl
~~~
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, L.L.P
all right, title and interest in the easement for water supply pipeline and public utilities recorded October 18, 1965 as file no.
189244 of official records that is within the boundaries of CT 97-1 6A re
Executed on September 16
20 04 , at Carlsbad, California
ATTEST: / I *&- RAINEV. WOOD, City Clerk
APPROVED AS TO FORM:
(Notarial acknowledgement of execution of Grantor must be attached.)
H:IDevelopment Services/Masters/Deeds-Grant Deeds-Easements/Quitclaim Deed - City (Real Property)
Ftrj 17,7g/ 5 6/1/00
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of } SS.
On *, before me, rsk?&C& Name and Title of ORicer % (e.9.. UL “Jane fl Doe, Notary P ,&LseU, Public”)
CECLI1S
Name@) of Signer@)
personally appeared
xpersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the personh whose name0 is/afe-
subscribed to the within instrument and
acknowledged to me that he/sfteAhq executed
the same in his/bd#&r authorized
capacityftes), and that by his/kerftkeir
signaturewon the instrument the personw, or
the entity upon behalf of which the personM
acted, executed the instrument.
WITNESS mv hand and official seal.
Place Notary Seal Above
Signatuuof CLi&. Notary Public f&
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 ocument
Title or Type of Document: 8.U lTCCfi1I’”I
Document Date: s@?l 16 ; %4 Number of Pages: 1
2)
/ /
Signer(s) Other Than Named Above: LOfLR&/dg OD
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’s Name: r,L&BE I4 0, WlS
0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827