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Home My WebLink About2005-04-26; City Council; 18086; Quitclaim of Sewer Easement Across CT 02-14 Unit 69B# 18,086 IIITG. 4/26/05 I (PR 04-84) IEPT. ENG - TITLE: APPROVE AND AUTHORIZE QUITCLAIM OF A SEWER EASEMENT ACROSS CT 02-14, UNIT 6 RECOMMENDED ACTION: Adopt Resolution No. 2005-121 Unit 6 per Map No. 14779, PR 04-84. to quitclaim an existing sewer easement across CT 02-1 4, ITEM EXP LAN AT10 N : On November 5, 2003, the Planning Commission approved the subdivision CT 02-14 Bressi Ranch generally located south of Gateway Road, west of El Fuerte, north of Poinsettia Lane, and east of Alicante Road. The project was conditioned to dedicate a new sewer easement to serve the development and to abandon or remove the old pipelines and quitclaim the easement for the pipelines that traversed the previous vacant land. The construction of the new sewer pipeline has been completed and the old pipelines have been rendered inactive. The owner of the land through which the old easement traverses is Greystone Homes, Inc., a Delaware corporation. They have submitted a request to quitclaim that portion of the sewer easement that traverses their property, Le., CT 02-1 4, Unit 6. Staff concurs with the owners that there are no sewer facilities within the original easement and the easement is no longer necessary. The easement can be quitclaimed to the owners. 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 sewer easement was granted to the District for a no cost acquisition and the City will quitclaim the easement for a no cost return to the property owners. The owners have paid the standard fee for processing this quitclaim. EXHIBITS: 1. Location map for quitclaim of sewer easement. 2. Resolution No. 2005- 1 2 1 to quitclaim an existing sewer easement across CT 02-14, Unit 6 per Map No. 14779, PR 04-84. 3. Corporation quitclaim deed of easement PR 04-84. DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us I LO CAT IO N PROJECT QUITCLAIM OF SEWER EASEMENT NUMBER PROJECT NAME MAP EXHIBIT 1 \SITE SI NOT TO SCALE v \ CITY k ENCINITAS ACROSS CTO2-I4 - UNIT 6 I PRU#-84 I 7 -2- 4W BY: SCOTT EVANS CARLSAD ENGINEERING DEPT. 3/30/05 C: DEKLOPMENT FRMCTS\PR\PRO4-84.D~ 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. 2005-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO QUITCLAIM AN EXISTING SEWER EASEMENT ACROSS CT 02-14, UNIT 6, PER MAP NO. 14779, PR 04-84. WHEREAS, a replacement sewer system has been constructed to serve the development of Bressi Ranch, CT 02-14, Unit 6; and WHEREAS, the original sewer system across CT 02-14, Unit 6, per Map No. 14779 has been removed from service and the original sewer easement is no longer needed; and WHEREAS, Greystone Homes, Inc., a Delaware corporation is the owner through which the original easement traverses; and WHEREAS, the owner has submitted a request for quitclaim of the sewer easement granted to Carlsbad Municipal Water District on March 5, 1997 per File I Page No. 1997-0096705 of Official Records of the San Diego County Recorder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the Quitclaim Deed releasing interest to the existing sewer easement across CT 02-14, Unit 6, per Map No 14779 is hereby approved. Ill Ill Ill Ill Ill Ill Ill Ill Ill 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 3wners 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 26th dayof , 2005 by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Council Member Lewis CLAUDE A. LkWIS, Mayor MATT HALL, Mayor Pro-Tern ATTEST (SEAL) Y RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Greystone Homes 1525 Fatraday Ave. Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: Greystone Homes 1525 Fatraday Ave. Carlsbad, CA 92008 The undersigned grantor(s) declare(s): Documentary transfer tax is $ 00.0 Space above this line for Recorder's Use. Assessor's Parcel No. 21 3-1 81 -65 21 3-1 81-1 7 thru 21 3-181-25 Project No. & Name Bressi Ranch, PR 04-84 CT 00-06 ( ) 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 CITY OF CARLSBAD FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. ROBERT J. WOJCIK 0 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 Greystone Homes, Inc., a Delaware corporation all right, title and interest in the property described in Exhibits "A' & "B", consisting of three (3) pages, which are attached hereto and made a part hereof. Executed on AD,il r 79 20 05 , at Carlsbad, California CITY OF CARLSBAD a Municipal Corporation, -CLAUDE A. LEWIS, Mayor MATT HALL, Mayor Pro-Tern (Notarial acknowledgement of execution of Grantor must be attached.) H:/Developrnent Services/Masters/Deeds-Grant Deeds-EasementslQuitclairn Deed - City (Real Property) 6/1 /DO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California County of LIE60 On Lf-a+-aoos , before me, owy , QqbuC Date Name and Title of Officer (e.g., =lane Doe, Nota‘ry Public”) - Name(s) of Signer(s) personally appeared fifiT-T /+-A LC - Place Notaty Seal Above &ersonally known to me to the within instrument and authorized entity upon behalf of which the person&) acted, executed the instrument. @l@thgy executed ESS my han an fficial seal. 9bd Signature of Notaty Public OPTlONA 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: G)cl IT MI .(Yl D&Eh; CT 00 c sb RW”%, &In<& Document Date: -aq- 0 s Number of Pages: 4 Signer(s) Other Than Named Above: 17. an 4, Capacity(ies) Claimed by Si ner(s) 0 Individual 0 Corporate Officer - Title(s): Signer’s Name: (ne7 +-k I4 LL 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: fne’(oQ. Bqo Em &\Til: OF &%ks~ I I Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee Guardian or Conservator 0 Other: I I Signer Is Representing: ’ ~~~~~~~~~~~~~~~~ ~~ 0 2004 National Notaty Association 9350 De Soto Ave , PO Box 2402 Chatsworth. CA 91313-2402 Item No 5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT 'A' LEGAL DESCRIPTION FOR QUITCLAIM SEWER EASENT THAT PORTION OF A SEWER EASEMENT GRANTED PER DOCUMENT RECORDED MARCH 5, 1997 AS FILE NO. 1997-0096705 OF OFFICIAL RECORDS, CONTAINED WITHIN CARLS- BAD TRACT CT 02-14, UNIT NO. 6, ACCORDING TO MAP THEREOF NO. 14779, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 29, 2004, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. I PETER C. GOLDING DATE LS 4768 EXPIRATION DATE 12/31/06 C.T. N0.02-14 P.R. N0.04-84 T: \Mapping\2407\2407.20\PLATS\Legals\2407.20 SWR VAC.doc PAGE 1 OF 1 I LEGAL DESCRIP 77ON: 4 PPLICAN l? BREW VAME GARDENLANE; LLC 9DDRE.S 1525 FARADAY AM: W?LSBAD, CALIFmNIA 92008 LEGEND: PRCMClDESICN CONSULTANTS 701 B STREET SUllE 800 SAN DIEGO, CALIFORNIA 92101 INDICA TES SEWR EASEMENT QUITCLAIM AREA = 0.176 ACRES, MORE OR LESS CARLSBAD TRACT CT 02-14, UNIT 6, IN THE UTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 14779. ENGINEER OF WRK= PROJECTDESIGN CONSUL TAN E 701 B STREET SUITE 800 SAN DIEGO, CALIFORNIA 92101 PHONC (619) 235-6471 PETER C. GOLDING, L.S. 4768 REGISTRA llON EXPIRES 3/31/2006 DA TE @ INDICATES SEW? EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT PER FILE NO. 1997-0096705 RECORDED MARCH 5, 1997 O.R. VCINITY MAP -N- \Mopphg\2407\2407.20\PLAE\2407 SWR VAC.dwg Dec 22, 2004 - 2: 17pm NO SCALE EXHIBIT 'B' SHrnltF2 A.P.N. 213-181-65 AND 213-181-17 THROUGH 25 CT 02-1416) PR 04-84 APPUCAN F BREW NAME GARDENLANL; LLC PREPARED BF PRMC7DEXN CONSUL TAN Ts 701 B STREET SUITE 800 SAN DIEGO, CAUFORNIA 92101 EXHIBIT 'B' sT2W2 A. P. N. 213-181-65 AND 213-181-17 THROUGH 25 CT 02-14(6) PR 04-84 7 F \MappAg\2407\2407.20\PlA TS\2407 SW VAC.dwg Dec 22, 2004 - 2: 1 Iprn