HomeMy WebLinkAbout2005-09-06; City Council; 18261; Quitclaim of Existing Storm Drain Easementsw 18,261
IITG. 9/06/05
)EPT. ENG
CITY OF CARLSBAD - AGENDA BILL
TITLE: APPROVE AND AUTHORIZE QUITCLAIM OF
EXISTING STORM DRAIN EASEMENTS
CARLSBAD TRACT 98-1 4-03 DEPT. CITY ATTY. HD. 2
CITY
RECOMMENDED ACTION:
Adopt Resolution No. 2005-271 to quitclaim existing storm drain easements across
Lot 221 of Carlsbad Tract 98-14-03.
ITEM EXPLANATION:
The City of Carlsbad is successor in interest to certain storm drain easements that were dedicated
to the County of San Diego Flood Control District, Zone 1. Standard Pacific, the developer of
Carlsbad Tract 98-14-03, has designed streets and storm drain facilities to permit the quitclaim of
certain easements that are no longer needed to serve drainage systems within the project.
Staff concurs with the developer that the easements are no longer necessary and can be
quitclaimed.
ENVIRONMENTAL REVIEW:
The proposed quitclaims are 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:
This item has no fiscal impact to the City. The storm drain easements were granted to the County of
San Diego without cost and the City, as successor in interest will quitclaim the easements for a no
cost return to the property owner/developer. The developer has paid the standard fee for processing
the quitclaim.
EXH I BITS :
1. Location map for quitclaim of storm drain easement.
2. Resolution No. 2005-271 to quitclaim that portion of existing storm drain easement
across Lot 221 of Carlsbad Tract 98-14-03.
3. Quitclaim Deed for Lot 221 of Carlsbad Tract 98-14-03.
DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us
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RESOLUTION NO. 2005-271
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO QUITCLAIM THAT PORTION
OF EXISTING STORM DRAIN EASEMENT ACROSS LOT 221
OF CARLSBAD TRACT 98-1 4-03.
WHEREAS, Standard Pacific Corporation, a Delaware Corporation is the owner of
Sarlsbad Tract 98-1 4-03 through which the existing storm drain easement traverses; and
WHEREAS, the owner has submitted a request for quitclaim of a portion of the storm drain
sasement across Lot 221 of Carlsbad Tract 98-14-03; and
WHEREAS, a replacement drainage system has been constructed to serve the
jevelo pment ; and
WHEREAS, the storm drain easement across a portion of CT 98-14-03 is no longer
iecessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
Zalifornia, as follows:
1. That the above recitations are true and correct.
2. That the City Engineer is authorized to execute the original quitclaim deed and the
2ity Clerk is hereby authorized to cause the original quitclaim deed to be released to the
jeveloper/owner 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
ield on the 6th day of SEPTEMBER , 2005 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Packard, Sigafoose
4TTEST
(SEAL)
3
RECORDING REQUESTED BY
AND WHEN RECORDED, PLEASE MAIL TO:
Standard Pacific
5750 Fleet Street
Carlsbad, CA 92008
MAIL TAX STATEMENTS TO:
Standard Pacific
5750 Fleet Street
Carlsbad, CA 92008
Space above this line for Recorder's Use.
The undersigned grantor(s) declare(s): Assessor's Parcel No. 214-643-53-00
Documentary transfer tax is $ 00.0 Project No. & Name CT 98-14-03 Lot 221
( ) 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
Thompson Tabata, PR 05-03
CITY OF CARLSBAD
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
ROBERT fWOJCII@
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 Standard Pacific
Corporation, all right, title and interest in the property described in Exhibits "A" 8, "B", consisting of three (3) pages, which
are attached hereto and made a part hereof.
Executed on September 8
20 05 , at Carlsbad, California
&
(Notarial acknowledgement of execution of Grantor must be attached.)
Lt H:\Developrnent Services\PROJECTS\CT FILES\CT 98-14 Thompson Tabata - Wickham\Deeds-Easements\C ITCLAIM DEED-CITY PR 05-03.doc
State of California 1
)!(personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) ‘dare subscribed to the within instrument and
acknowledged to me that Wthey executed the same in
tmftwtheir authorized capacity(ies), and that by -kidem/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, .xecuted the instrument.
WITNESS, my hand and official seal.
(This area for official notary seal.) SIGNATURE OF NOTARY
Title or Type of Document
Dateof Document SWEMAm 8 2 00.c NO. of Pages ‘5
Signer(s) other than named above 0eTxW fI‘-?-C/ K
H:\Developrnent Services\PROJECTS\CT FILES\CT 98-1 4 Thompson Tabata - Wickharn\Deeds-Easements\QUITCLAlM DEED-CITY PR 05-03.doc 5
EXHIBIT “A”
Page 1 of 1
LEGAL DESCRIPTION
CITY OF CARLSBAD
SUCCESSOR IN INTEREST TO
COUNTY OF SAN DIEGO FLOOD CONTROL DISTRICT, ZONE 1
PARTIAL QUITCLAIM
PR 05-03
Any easement rights that may be held by the City of Carlsbad, successor in interest to the County
of San Diego Flood Control District, Zone 1, over Lot 221, City of Carlsbad Tract No. CT 98-
14-03, in the City of Carlsbad, County of San Diego, State of California, filed as Map No. 14841
in the Office of the County Recorder of said San Diego County, as described in the Easement
(Drainage) recorded March 7, 1985 as Instrument No. 85-076440 of Official Records in the
Office of the County Recorder of said San Diego County, more particularly described in said
Easement as follows:
Parcel No. 83-0415-A
That portion of the South Half of the South Half of the Southeast Quarter of the Northeast
Quarter of Section 28, Township 12 South, Range 4 West, San Bernardino Meridian, in the
County of San Diego, State of California, according to United States Government Survey,
approved October 25, 1875, lying within a 30.00 foot wide strip of land, the sidelines of said
strip lying 15.00 feet on each side of the following described centerline:
Commencing at the Northeast comer of said Section 28; thence along the Northerly line of said
Section 28, North 88” 59’50” West, 1362.21 feet to the Westerly line of the East Half of the
Northeast Quarter of said Section 28; thence along said Westerly line, South OO”31’08 West,
2438.40 feet to the TRUE POINT OF BEGINNING; thence leaving said Westerly line,
South 89”28”52” East, 30.00 feet to the POINT OF TERMINUS.
CONTAINING: 170 Square feet.
EXHIBIT “B” attached and by this reference made a part hereof.
fi Gregory A. Helmer, L.S. 5 134
Dated: -May 26,2005
10102194\admin\legals\2 1941g1052.doc
b
VICINIM MAP
NOT TO SCALE
1 H \pOATA\ 10102194\CAIX)\MffIffi\EXHIBITS\ 1940(095. DlyG
I 40' 20' 9'
PARTIAL EASEMENT QUITCLAIM (INST.NO. 85-076440)
A pa9TIM ff THAT GERTAIN €ASTENT REcaFmD MtW 7, 1985 DATE MAY 26, 2005
SCALE AS ShOW P€ CITY ff CARLSBAD, WTY F SAN DIEW, STATE ff
APN 214-643-53-00 FE COLNTY REC"? ff SAID SAN DIEW COLAVTY.
AS INsE"T M. 85-076440 ff WICIAL REm SINAlED IN
CALIFOMVIA, LYIM WITHIN LOT 221, CITY aC CARLSM TRACT M.
CT98-14-03, FILED AS MP M. 14841 BOTH IN TE FFIE F
SCALE IN FEET I
DRAWN BY: RBF CONSUL TING
PR 05-03
EVI~D..
~ I CITY OF CARLSBAD