HomeMy WebLinkAbout2005-06-14; City Council; 18166; Approve and Authorize Quitclaim on Lot 2234B# 18,166
VITG. 6/14/05
IEPT. ENG
CITY OF CARLSBAD -AGENDA BILL
TITLE: APPROVE AND AUTHORIZE QUITCLAIM OF
A PORTION OF AN EXISTING TEMPORARY
CONSTRUCTION EASEMENT SITUATED ON LOT 223
OF CARLSBAD TRACT CT 99-04, PR 05-47
CITYATTY
DEPT. HD.
CITY MGR*
RECOMMENDED ACTION:
Adopt Resolution No. 2005-189
situated on lot 223 of Carlsbad Tract 99-04.
to quitclaim a portion of the temporary construction easement
ITEM EXPLANATION:
Real Estate Collateral Management Company (RECMC) has requested that 2.053 acres of a
temporary construction easement it granted to the City of Carlsbad in 2003 be quitclaimed.
The original grant of temporary construction easement from RECMC provided the City with
approximately 21.2 acres of work area for the staging of construction activities for the phase 2 portion
of the Rancho Santa Fe Road realignmenVwidening project. Based on the current status of the
construction project, the subject 2.053 acre portion of the easement is no longer needed.
ENVIRONMENTAL REVIEW:
The proposed quitclaim is exempt from environmental review under the California Environmental
Quality Act Section 15061 (b)(3), because it has been determined that the there is no foreseeable
possibility that the quitclaim may have a significant effect on the environment.
FISCAL IMPACT:
This item has no fiscal impact to the City. The construction easement was granted to the City at no
cost and the City will quitclaim the easement for a no cost return to the property owner. The
property owners have paid the standard fee for processing this quitclaim.
EXHIBITS:
1. Location map for quitclaim of the temporary construction easement.
2. Quitclaim deed.,
3. Resolution No. 2005-189 to quitclaim existing temporary construction easement across
a portion of Carlsbad Tract 99-04.
DEPARTMENT CONTACT: John Maashoff, (760) 602-2747, jmaas@ci.carlsbad.ca.us
LO CAT1 0 N MAP
NOT TO SCALE
SI
w \ CRY k ENCINITAS
PROJECT NAME PROJECT EXHIBIT
1 QUITCLAIM OF TEMPORARY CONSTRUCTION EASEMENT NUMBER
ON LOT 223 OF CT 99-04 PRO5-4 7
2 4W BY: SCOTT EVANS, CARLSBAD WClNEERNG DEPT. 6/2/05 C: \DEMLWMWT PRMCTS\PR\PRO5-47.DW
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
REAL ESTATE COLLATERAL
MANAGEMENT CO.
1903 Wright P1,Ste 180
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FORRECORDERS USE
The undersigned grantor(s) declare(s):
Documentary transfer tax is $o.oO Assessor’s Parcel No. 223-021-21-00
( ) 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:
Villages of La Costa-La Costa Ridge
encumbrances remaining at time of sale Lot 223, CT 99-04. PR 05-47
~- ~~~~
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:
California: a tern orary cons P ruction easement as described in Exhibit “A consistin of two (2) page(s), attache CP hereto and made a part hereof. Exhibit “B” consisting of one (lYpage(s) is
Real Estate Collateral Management Company, a Delaware Corporation
the following described real roperty in the City of Carlsbad, County of San Diego, State of
attached for clarity only.
DATED 6 - Id- 05
CLAUDE A. LEwl , Mayor
Mayor Pro Tern Matt Hall
ATTEST:
(SEAL)
6/ 14/05 AB 18,166
ti \Development Servlces\Masters\Deeds. Easements. Grant Deeds\Corp Quitclaim Deed of Easement-City i 6/1/00 5
PR 05-47
EXHIBIT “A”
LEGAL DESCRIPTION
FOR QUITCLAIM OF A PORTION OF TEMPORARY CONSTRUCTION EASEMENT
THAT PORTION OF LOT 223 OF CARLSBAD TRACT 99-04-02 VILLAGES OF LA COSTA -
LA COSTA RIDGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14838, FILED IN THE OFFICE OF THE
SAN DIEGO COUNTY RECORDER ON JULY 14,2004, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT AN ANGLE POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 223,
SAID ANGLE POINT BEING THE NORTHEASTERLY TERMINUS OF THAT COURSE AS
SHOWN AND DESCRIBED ON SAID MAP AS “N 65’28’00” E 746.38’”; THENCE ALONG
SAID SOUTHERLY BOUNDARY SOUTH 65”28’00” WEST, 48.33 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY SOUTH
65’28’00”, 117.18 FEETTO THE BEGINNING OF A 1650.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 69’36’45”
WEST; THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19’25’09, A DISTANCE OF
559.23 FEET TO THE BEGINNING OF A NON-TANGENT 1000.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 15’47’15”
WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTML ANGLE OF 13’06’07”, A DISTANCE OF 228.67 FEET TO THE BEGINNING OF A
NON-TANGENT 470.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID POINT
BEING THE SOUTHEASTERLY RIGHT OF WAY OF CORlNTlA STREET AS SHOWN AND
DESCRIBED ON SAID MAP, A RADIAL LINE TO SAID POINT BEARS NORTH 42’55’22
WEST; THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY AND THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 07’29’05”, A DISTANCE OF 61.40 FEET;
THENCE NORTH 54’33‘42’’‘ 91 -84 FEET; THENCE SOUTH 35’25’54” EAST, 433.37 FEET;
THENCE SOUTH 14’26’30” EAST, 189.75 FEET; THENCE SOUTH 53’02’40” EAST, 20.05
FEET; THENCE SOUTH 08”02’40” EAST, 16.00 FEET; THENCE SOUTH 82’38’50’’ WEST,
17.91 FEET; THENCE SOUTH 00’20’50” WEST, 109.95 FEET TO THE SAID SOUTHERLY
BOUNDARY OF SAID LOT 223 AND THE TRUE POINT OF BEGINNING.
PAGE 1 OF 2
:LL M:\2352\21\Legal DescriptionsWl8 Quitclaim Cons. Esmt.doc
WO 2352-0021 6/1/05
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 2.053 ACRES MORE OR
LESS.
DAVID W: AMBLER ' L!S. 7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 2 OF 2 :LL M:\2352\21\Legal DescriptionslAlB Quitclaim Cons. Esrnt.doc
WO 2352-0021 6/1/05 c
i
II
NUMBER BE4 RING DISTANCE
N53‘02’40”w 20.05’
N08’02’40”w 16.00’
N82.38 ’50 “E 7 7.9 1 ’
N 15’4 7 ’ 15”E(R)- 1 000’
N89’0 I ’54”E(R)- 1650’ __----
A TEMPORARY CONSTRUCTION
EASEMENT GRANTED TO CITY CARSLBAD BY DOCUMENT
RECORDED AUGUST 15, 2003 AS FILE NO. 2003-0995694, 0. R.
& ASSOCIATES
SAN DIECO, INC
PMNING 1w9 Hwmekarr Sbeet
NNWING San Diego, 6 9ZUl
SHEET 1 OF 1 SURVEYlNt PH(858)55B45W. FX(858)5581414
R: \0261\&MAP\VP Qu i tc I aim Const Esmt .DWG[ O]Jun-01-2005: 08: 40
QUl7iX+4lM PLAT - CI7Y OF CARLSMD
INDICATES PORTION OF TEMPORARY CONSTRUCTION GISEMENT GRANTED TO CITY OF CARSLBAD BY DOCUMENT RECORDED AUGUST 15, 2003 AS FILE NO.
2003-0995694, O.R. TO BE VACATED.
ARE4 - 2.053 AC.
4PPLICANT mm LINE1
LINE2 LINE3
PHOM
PREPARED BY:
DAVID W.‘AMBLER LS. 7322‘ EXPIRES: 12/31 /05
PROJECT:
CT 99-04-02
PR. 05-47
A.P.N.:
223-02 1-2 1
EXHIBIT ”B ”
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RESOLUTION NO. 2005-189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO QUITCLAIM A PORTION OF AN
EXISTING TEMPORARY CONSTRUCTION EASEMENT SITUATED
ON LOT 223 OF CARLSBAD TRACT CT 99-04.
WHEREAS, Real Estate Collateral Management Company has submitted a request to
quitclaim a portion of an existing temporary construction easement situated on lot 223 of Carlsbad
Tract CT 99-04; and
WHEREAS, that portion of the temporary construction easement across lot 223 of
Carlsbad Tract CT 99-04 is no longer necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2. That the quitclaim deed conveying a portion of the temporary construction
easement situated on lot 223 of Carlsbad Tract CT 99-04, to Real Estate Collateral
Management Company, is on file with the City Clerk and is incorporated by this reference
is approved.
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That the above recitations are true and correct.
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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 14th day of JUNE , 2005 by the following vote, to wit:
AYES: Council Members Hall, Packard, Sigafoose
NOES: None
ABSENT: Council Members Lewis, Kulchin
Mayor Pro Tem Matt fiall
ATTEST
(SEAL)
From: Karen Kundtz
Date:
Subject: Fwd: Re: Quitclaim
Isabelle, Here is the contact info that we requested for Item #8 from last nite's meeting re the quitclaim.
Karen
To: Isabelle Paulsen 'TlM O'G-RAbv 06/15/2005 1 1 : 19:42 AM 9J-9- 27 o/
>>> John Maashoff 06/15/2005 1057 AM >>>
Ken Cyr is the contact at Chicago Title and can be reached at (619) 521-3555. Tom Scwiebert is more than likely the individual from Chicago Title that will physically be picking up the documents from the
clerk's office. Tom's phone number is (619) 818-6463. Please let me know if there is anything I can do to help get this one out today. Thanks again for all of your assistance.
>>> Karen Kundtz 06/09/2005 4:28:40 PM >>>
John, Probably not ..... the doc will most likely be signed later in the day on Wed. We can probably have ready on Thurs. Please email instructions re who to call when ready.
Karen
>>> Marcia Long 06/09/2005 4:09 PM >>>
John,
I am forwarding your request to Karen as she will know best how to proceed.
Marcia
>>> John Maashoff 06/09/05 2:49 PM >>>
Will it be possible to have the deed ready for pick up by the applicant Wednesday am the 15th assuming it's approved okay at CC on the 14th? If so, will I need to do anything to assist?
>>> Marcia Long 06/09/2005 2:48:42 PM >>>
John, Yes, thank you. It has been taken care of. Marcia
>>> John Maashoff 06/09/05 1252 PM >>> Marcia,
Is this the quitclaim deed you were referring to in the voicemail you left me? If so, I've changed it to read RECM/Morrow Development as you requested.
cc: Marcia Long