Loading...
HomeMy WebLinkAbout2004-10-12; City Council; 17830; Public trail easementTITLE: APPROVING THE QUITCLAIM OF A PORTION OF THE PUBLIC TRAIL EASEMENT GRANTED ON MAP NO. 14379, CARLSBAD TRACT CT 99-04-01 (PR 04-72) RECOMMENDED ACTION: DEPT.HD. @ CITY ATTY. CITY MGR. Adopt Resolution No. 2004-325 easement granted on map no. 14379, Carlsbad Tract CT 99-04-01. approving the quitclaim of a portion of the public trail 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 99-04-01. The final map was recorded on April 29, 2002 as Map No. 14379. During construction of the subdivisions improvements, a portion of the public trail had to be relocated due to unforeseen sight constraints. This relocation deemed a portion of the existing public trail easement unnecessary. A new easement over the redesigned trail has been granted to the City and that portion of the existing trail easement described in the attached quitclaim deed is no longer needed. Staff supports the quitclaim of this portion of the public trail easement. FISCAL IMPACT: The item has no fiscal impact to the City. The public 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. 2004-325 approving the quitclaim of a portion of the public trail easement granted on map no. 14379, Carlsbad Tract CT 99-04-01. DEPARTMENT CONTACT: John Maashoff, (760) 602-2747, jmass@ci.carlsbad.ca.us LOCATION MAP PROJECT NAME APPROVING A QUITCLAIM OF A PROJECT NUMBER PR04-72 PORTION OF THE PUBLIC TRAIL EASEMENT GRANTED ON MAP NO. 14379 cm OF OCEANSIDE \ EXHIBIT 7 NOT TO SCALE RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Real Estate Collateral Management c/o Morrow Development 1903 Wright P1, Ste 180 Carlsbad, CA 92009 SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $o.OcL&/w Assessor’s Parcel No. 223-616-13 ( ) 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 04-72 encumbrances remaining at time of sale CT 99-04-01 I 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 real property in the City of Carlsbad, County of San Diego, State of California: a public trail easement as described in Exhibit “A” consisting of 1 pa e, attached hereto and made a part hereof. Exhibit “B” consisting of 1 page(s) is attached for c a arity only. I ATTEST: (SEAL) H:\Developrnent Servtces\PROJECTS\CT FILESCT 99-04-01 Villages - Oaks - MaashoMDeeds-Easements\gRANT DEED OF Esrnt pr 04-72.doc 6/1/00 3 EXHIBIT “A” LEGAL DESCRIPTION PR 04-72 PARCEL “A” - PEDESTRIAN TRAIL VACATION A PORTION OF THAT 20.00 FOOT WIDE PEDESTRIAN TRAIL EASEMENT LYING WITHIN SOUTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14379, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, APRIL 29,2002; THE CENTERLINE OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 185 OF CARLSBAD TRACT CT 99-04-01, VILLAGES OF LA COSTA, LA COSTA OAKS BEGINNING AT A POINT ON THE EASTERLY END OF THE CENTERLINE OF SAID EASEMENT, SAID POINT ALSO BEING ON THE EASTERLY LINE OF SAID LOT ; THENCE ALONG THE CENTERLINE OF SAID EASMENT THE FOLLOWING COURSES, NORTH 64’54’28” WEST, 365.38 FEET; THENCE NORTH 70’28’38” WEST, 75.75 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE EASTERLY IN THE EASTERLY LINE OF SAID LOT 185 AND WESTERLY PERPENDICULAR TO THE POINT OF TERMINUS. THE HEREIN ABOVE DESCRIBED PARCEL “A CONTAINS 0.201 ACRES MORE OR LESS. APN. 223-616-13 DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. Page 1 of 1 :G M:P352\12\legal descriptionsb52 vacation-trail.doc WO 2352-12 9/2/04 BASIS OF BBRINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM BEARINGS BETWEEN STATION 147 AND STATION 152 AS SAID COORDINATES ARE PUBLISHED IN THE CITY OF CARLSBAD SURVEY CONTROL NETWORK ESTABLISHED BY RECORD OF SURVEY MAP NO. 17271, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON FEBRUARY 8, 2002. I€: N 04'55'39" W REFERENCED BEARINGS FROM OTHER DOCUMENTS/DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. THE COMBINED SCALE FACTOR AT STATION 147 IS 0.99993947. GRID DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR. - 1983, ZONE VI, 1991.35 EPOCH, NORTH AMERICAN DATUM OF 1983 (NAD83), GRID PPUCANT: PEAL ESTATE COLLATERAL WNAGEMENT '903 WRIGHT PLACE STE. I80 ;ARLSBAD, CA 92008 760.929.2 70 1 LEGEND .............. ............. .............. ............. .............. ............. 0 0 @ @ PO8 POT PREPARED By: PROJECT: CT 99-04-01 A.P.N.: 223-61 6- 13 EXHIBIT "By' EXP 12/31/05 PR 04-72 INDICATES PARCEL '2 - PUBLIC TRAIL EASEMENT QUITCLAIM AREA = 0.203 ACRES SAN DIEGO GAS & ELECTRIC EASEMENT, 4/19/1954, BOOK 5208, PAGE 403; AND 2/05/1954, BOOK 5132, PAGE 342, BOTH OF O.R. OLIVENHAIN WATER DISTRICT EASEMENT, 10/22/7971, FILE NO. 247284, O.R. PUBLIC TRAIL EASEMENT PER MAP 14379 CITY DRAINAGE EASEMENT PER MAP 14379. 1 POINT OF BEGINNING POINT OF TERMINUS PLANNING 10179 Huennekens Street ENGINEERING San Dego, Ca 92121 SURVEYING PH(858)558.4500. FX(8583558.1414 R\0261 \&Mop\Ep fmil vocots lot 185 sht07.DwcSep- -02. PROJECT SITE \' CITY OF ENClNlTAS VICINITY MAP \ NOT TO SCALE -2004:13:00 - KO. 2352-72 SHEET 1 OF 2 0 100 200 300 -9 SCALE 1 ”= 100’ PLANNING 10179 Hmekens Street ENGINEERING San Dego, Ca 92121 R:\02bf \&Atop\€P froil wcofc lot f85 sh~02.DwcSap-02-2001:f3:W - W.O. 2352- f2 SHEET 2 OF 2 SURVEYING PH(858)558.4500. FX(8%)5581414 7ARLSBAD. CA 92008 760.929.270 1 I EXP 12/31/05 I PR 04-72 1 EXHIBIT ”B” DAVID W AMBLER L S 7322 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT !&&I&$$ SL$p.2#R ,d* - AfU f!bL 2, Name and Ttie of Officer (e g , "JanlDoe. Notary Puhb") personally appeared hff ,F 6. / '1 .? Name@) of Signer@) $personally known to me - OR =: or the entity upon behalf of which the person(@cted, executed the instrument. WITNESS my hand and official seal. Signature of Notary PuMic 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. Title or Type of Document: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 0 Individual 0 Corporate Officer 0 Attorney-in-Fact Signer Is Representing: Signer's Name: 0 Individual 0 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: I I 0 1994 National Notary Association 8236 Remmet Ave., P.O. Box 7184 Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Toil-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. 2004-325 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO QUITCLAIM A PORTION OF THE PUBLIC TRAIL EASEMENT GRANTED ON MAP NO. 14379, CARLSBAD TRACT CT 99-04-01 (PR 04-72). WHEREAS, Morrow Development has submitted, on behalf of Real Estate Collateral Management Company, a Delaware Corporation, a request to quitclaim a portion of the existing wblic trail easement previously granted and accepted by the City on map no. 14379; and WHEREAS, A portion of the public trail within Carlsbad Tract, CT 99-04-01 was zonstructed in a slightly different location than was contemplated during the project approval; and WHEREAS, appropriate easements for the portion of the relocated trail have been granted; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim the unnecessary portion of said public trail easement as previously granted on map no. 14379; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: I. 2. That the above recitations are true and correct. That the Quitclaim Deed releasing interest to the existing public trail easement as previously accepted by the City on map no. 14379 is on file with the City Clerk and is incorporated by this reference; is approved. //I 111 111 Ill 111 111 111 Ill 3 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 City Clerk is hereby authorized to cause the original quitclaim deed 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 12th day of October , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, and Packard None h NOES: CLAUDE A. LEWIS, w#"' b'' ATTEST Karen R. Rundtz, Assistant City Clerk (SEAL) October 20,2004 Real Estate Collateral Management C/O Morrow Development 1903 Wright P1, Ste 180 Carlsbad Ca 92009 RE: Corporation Quitclaim Deed of Easement At the Carlsbad City Council meeting of October 12, 2004, Council approved Resolution No. 2004-325 granting a corporation quitclaim deed of easement to Real Estate Collateral Management Company. Per the Resolution, a copy of which is enclosed, we are releasing the original quitclaim deed. The Resolution places the responsibility of recording the document with the property owner. If you have any questions or concerns, please contact Project Engineer Maashoff at 602-2747. Debra Doerfler Records Management Senior Office Sp Enclosures (2) CC John Maashoff 1200 Carlsbad Village Drive * Carlsbad, CA 92008-1989 (760) 434-2808 @