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Home My WebLink About2005-09-13; City Council; 18276; Quitclaim of Portion of Existing Trail Easement\ 5 4B# 18,276 ITG. 911 3/05 IEPT. ENG CITY OF CARLSBAD -AGENDA BILL TITLE: APPROVE AND AUTHORIZE QUITCLAIM OF A PORTION OF AN EXISTING TRAIL EASEMENT WITHIN LOT 234 OF CARLSBAD TRACT 99-04-01 (PR 04-122) CITY ATTY. RECOMMENDED ACTION: Adopt Resolution No. 2005-283 Carlsbad Tract 99-04-01, (PR 04-122). to quitclaim a portion of a trail easement within Lot 234 of ITEM EXPLANATION: The Villages of La Costa-La Costa Oaks project is a residential subdivision approved by the City of Carlsbad as Carlsbad Tract 99-04-01. The final map for the subdivision that granted the existing public trail easement was recorded on April 29, 2002 as Map No. 14379. During the design and grading of the project, it was determined that a portion of the public trail easement needed to be relocated due to unforeseen site constraints. This relocation makes a portion of the 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. 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: This item has no fiscal impact to the City. The trail easement was granted to the City without cost and the City will quitclaim the easement for a no cost return to the property owner. The applicant has paid the standard fee for processing the quitclaim. EXHIBITS : 1. Location map for quitclaim of trail easement. 2. Quitclaim Deed 3. Resolution No. 2005-283 to quitclaim a portion of a trail easement within Lot234 of Carlsbad Tract 99-04-01, (PR 04-1 22). DEPARTMENT CONTACT: John Maashoff, (760) 602-2747, jmaas@ci.carlsbad.ca.us RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Center for Natural Lands ATTN: Teresa Sherry 425 E. Alvarado St., Suite H Fallbrook, CA 92028-2960 MAIL TAX STATEMENTS TO: Space above this line for Recorder’s Use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ 00.0 ( ) 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 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Assessor’s Parcel No. Project No. & Name Villages of La Costa - Oaks South 223-61 7-1 2-00 CT 99-04-01, PR 04-122 CITY OF CARLSBAD *. W@*d ROBERT J.mOJCIK 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 Center for Natural Lands Management, Inc., a California non-profit corporation all right, title and interest in the property described in Exhibits ‘‘A & “B, consisting of five (5) pages, which are attached hereto and 20 0 5 , at Carldbad, California Executed on /6, ATTEST: AP D AS TO FORM: 9- ‘y-*or* (Notarial acknowledgement of execution of Grantor must be attached.) L R INE . ,City I rk K%$l?. K%?.Assignt City Clerk H:/Developrnent ServiceslMasterslDeeds-Grant Deeds-EasemenWQuitclaim Deed - City (Real Property) 6/1100 State of California 1 qrsonally 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 fmfdw/they executed the same in IPisfher/their authorized capacity(ies), and that by -trisf)m/their signature@) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS, my hand and official seal. (This area for official notary seal.) SIGNATURE OF NOTARY Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD H:/Development ServiceslMasterslDeeds-Grant Deeds-Easements/Quitclairn Deed - City (Real Property) 4 6/1/00 EXHIBIT “A” LEGAL DESCRIPTION PR 04-122 PARCEL “A” - PEDESTRIAN TRAIL VACATION A PORTION OF THAT 10.00 FOOT WIDE PEDESTRIAN TRAIL EASEMENT LYING WITHIN LOT 234 OF CARLSBAD TRACT CT 99-04-01, VILLAGES OF LA COSTA, LA COSTA OAKS 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: BEGINNING AT A POINT ON THE NORTHERLY END OF THE CENTERLINE OF SAID EASEMENT, SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF SAID LOT ; THENCE ALONG THE CENTERLINE OF SAID EASEMENT THE FOLLOWING COURSES, SOUTH 02’59’28’’ WEST, 71.70 FEET; THENCE SOUTH 21 ‘36’29” EAST, 40.41 FEET; THENCE SOUTH 07’18’ 02” EAST, 45.58 FEET; THENCE SOUTH 14’48’34” WEST, 121.03 FEET; THENCE SOUTH 33’49’37” WEST, 71.26 FEET; THENCE SOUTH 72’48’04” WEST, 46.32 FEET; THENCE SOUTH 85’26’28 EAST, 73.85 FEET; THENCE SOUTH 88’04’40” WEST, 104.80 FEET; THENCE SOUTH 78’05’33 WEST, 43.62 FEET; THENCE SOUTH 87’30’43” WEST, 45.07 FEET; THENCE SOUTH 80’14’22” EAST, 48.47 FEET; THENCE SOUTH 40’40’31” EAST, 43.86 FEET; THENCE SOUTH 15’39’22”EAST, 45.25 FEET; THENCE SOUTH 43’06’34” EAST, 49.85 FEET; THENCE SOUTH 83’12’11” EAST, 42.98 FEET; THENCE SOUTH 81’10’45” EAST, 71.53 FEET; THENCE SOUTH 80’17’22’’ WEST, 58.00 FEET (48.59’ PER MAP 14379); THENCE SOUTH 76’45’13” EAST, 90.51 FEET; THENCE SOUTH 82’18’32” WEST, 29.24 FEET, THENCE SOUTH 77’49’30” WEST, 59.52 FEET; THENCE SOUTH 87’05’28’’ EAST, 46.27 FEET; THENCE SOUTH 64’36’54” EAST, 60.25 FEET; THENCE SOUTH 61 ‘30’09 EAST, 128.77 FEET; THENCE SOUTH 74’29’08”EAST, 58.52 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE NORTHERLY IN THE NORTHWESTERLY LINE OF Page 1 of 2 :GM M:\2352\100\Legal descriptions\a02 vacation-trail.doc WO 2352-100 1/28/05 SAID LOT 234 AND WESTERLY TO INTERSECT WITH A LINE HAVING A BEARING OF NORTH 03”42’40” WEST PASSING THROUGH THE POINT OF TERMINUS. THE HEREIN ABOVE DESCRIBED PARCEL “A” CONTAINS 0.344 ACRES MORE OR LESS. APN. 223-617-12 DAVID W. AMBLER HUNSAKER & ASSOCIATES SAN DIEGO, INC. Page 2 of 2 :GM M:\2352\100\Legal descriptions\a02 vacation-trail.doc WO 2352-100 1/28/05 BASIS OF B&4RINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM BDRINGS BETWEEN STAnON 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 R€F€R€NC€D BEARlNGS FROM OTHER DOCUME#TS/D€EDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. 0.99993947. - 1983, ZONE VI, 1991.35 EPOCH, NORTH AMERICAN DATUM OF 1983 (NAD83), GRID THE COMBINED SCALE FACTOR AT STATION 147 IS GRID DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR. PPUCANT: PROJECT: CT 99-04-01 PEAL ESTATE COLLATERAL MANAGEMENT '903 WRIGHT PLQCE STE. 180 ZARLSBAD, CA 92008 760.929.2 70 I PR 04-122 EXP 12/31/05 L €GAL DESCRIPTION LOT 234 OF CARLSMD TRACT CT.99-04-01, VILLAGES OF LA COSTA, LA COSTA OAKS SOUTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO. 14379, FILED IN THE OFFICE OF THE COUNT/ RECORDER, APRIL 29, 2002. A.P.N.: 223-6 1 7- 7 2 EXHIBIT "B" LEGEND .............. ............. .............. ............. ............. INDICATES PARCEL "A" - PUBLIC TRAIL EASEMENT QUITCLAIM ARE4 = 0.344 ACRES POB POINT OF BEGINNING POT POINT OF TERMINUS VICINIW MAP =Y 5 NOT TO SCALE PUNNING lOl79 H-kens Street ENGINEERING San Dego, Ca 92121 SURVEYING PH(858)55&4MO. FXf858)558.1414 0 100 200 300 WPUCANT: REAL ESTATE COLLATERAL MANAGEMENT I903 WRIGHT PUCE STE. 180 CARLSmD, CA 92008 760.929.2701 SCALE 1 ”= 100 ’ PREPARED By: PROJECT: CT 99-04-01 A.P.N.: 223-61 7- 12 EXHIBIT ”By’ DAVID W AMBLER LS 7322 EXP 12/31/05 PR 04-122 N7805 ‘33”E 43.62 ’ N87’30’43”E 45.07’ N80‘14’22”w 48.47’ 5’39’22%’ 45.25’ 83’12’1 1%’ 42.98’ N8 1’ IO ’45 ’ZV 7 1.53’ HUNSAKER & ASSOCIATES SAN DIEGO, INC SEE~NO. 3 PLANNING 10179 Hwnnekenr Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)5584500. FX(858)558.1414 h\0261\&Map\EP trall vacate Lot 234 sht02.DWGC1275lJan-28-2005d0109 JN 2352-100 SHEET 2 OF 3 0 100 200 300 WPUCANT: REAL ESTATE COLLATERAL WNAGEMENT I903 WRIGHT PUCE STE. 180 ZARLSBAD, CA 92008 760.929.270 1 SCALE 1 ”= 100’ PREPARED By: PROJECT: CT 99-04-01 A.P.N.: 223-61 7- 12 EXHIBIT ”B” DAVID W AMBLER LS 7322 WP 12/31/05 PR 04-122 HUNSAKER & ASSOCIATES SAN DIECO. INC PLANNING 1MP) Huemekens Street ENGINEERING San Diego, Ca 9212l SURVEYING PH(858)55B4500. Fx(858)558-1414 ?:\0261\&Map\EP trail vacate lot 234 sht03.DWGC 12751Jan-28-2005:14~51 JN 2352-100 SHEET 3 OF 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 RESOLUTION NO. 2005-283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO QUITCLAIM A PORTION OF AN EXISTING TRAIL EASEMENT WITHIN LOT 234 OF CARLSBAD TRACT 99-04-01, (PR 04-1 22). WHEREAS, Morrow Development has submitted, on behalf of the property owner, Zenter for Natural Lands Management Inc., a request to quitclaim a portion of an existing public :rail easement previously granted within Lot 234 of Carlsbad Tract 99-04-01 ; and WHEREAS, a portion of the public trail easement within lot 234 of Carlsbad Tract 99-04- 11 was constructed in different location than was contemplated during the original project approval; and WHEREAS, appropriate easements for that portion of the relocated trail have been jranted; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public nterest to quitclaim that portion of the trail easement described in the attached quitclaim deed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, =alifornia, as follows: 1. 2. That the above recitations are true and correct. That the City Engineer is authorized to execute the original quitclaim deed and the 3ty Clerk is hereby authorized to cause the original quitclaim deed to be released to the property iwner to be recorded in the office of the County Recorder of San Diego County, State of >alifornia. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council ield on the 13th day of SEPTEMBER , 2005 by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: rJasle ITTEST , -0RRAINE M. WOOflCity Clerk (SEAL)