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 @