HomeMy WebLinkAbout2005-11-15; City Council; 18338; Quitclaim Existing Public Utility Easement9B# 18,338
MTG. 1111 5/05
DEPT. ENG
CITY OF CARLSBAD -AGENDA BILL
TITLE: APPROVE AND AUTHORIZE QUITCLAIM OF
EXISTING PUBLIC UTILITY EASEMENT
CARLSBAD TRACT 98-14 UNIT 2 CITY ATn. &?
CITY MGR. Y
RECOMMENDED ACTION:
Adopt Resolution No. 2005-334
portion of Lot 40 of Carlsbad Tract 98-14 UNIT 2.
to quitclaim existing public utility easement across a
ITEM EXPLANATION:
On the Final Map of CT 98-14-02 (Unit 2), the City of Carlsbad accepted a public utility easement
over a portion of Lot 40 to serve the proposed development. The developer, has re-designed the
sewer main to permit the quitclaim of this public utility easement that is no longer needed to serve
the project. Standard Pacific has requested the quitclaim of easement on behalf of the owner, The
Bay Collection Homeowners Association.
Staff concurs with the developer that the easement is no longer necessary and can be quitclaimed.
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 public utility easement ’. 7s granted to the City of
Carlsbad without cost and the City will quitclaim the easements for a no Lost return to the property
owner/developer. The developer has paid the standard fee for processing the quitclaim.
EXHIBITS:
1.
2. Resolution No. 2005-334 to quitclaim that portion of existing public utility easement
Location map for quitclaim of public utility easement.
across Lot 40 of Carlsbad Tract 98-14 Unit 2.
3. Quitclaim deed for public utility easement across Lot 40 of Carlsbad Tract 98-14 Unit 2.
DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us
I
NOT TO SCALE
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RESOLUTION NO. 2005-334
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO QUITCLAIM THAT PORTION OF EXISTING PUBLIC UTILITY EASEMENT ACROSS LOT 40 OF CARLSBAD TRACT 98-14-02.
WHEREAS, Standard Pacific Corporation, on behalf of the owner, has submitted a
request for quitclaim of a portion of the public utility easement across Lot 40 of Carlsbad Tract
98-14-02; and
WHEREAS, The Bay Collection Homeowners Association, a California non-profit
Corporation is the owner of Lot 40 in Carlsbad Tract 98-14-02 (Unit 2) through which the existing
public utility easement traverses; and
WHEREAS, a replacement public utility easement has been dedicated to serve the
development; and
WHEREAS, the public utility easement across a portion of CT 98-14 Unit 2 is no longer
necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. 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
developer/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
held on the 15th day of November , 2005 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
ATTEST
3
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
The Bay Collection
Homeowners Assoc.
c/o Walters Managemen.:
1959 Palomar Oaks Way,
Carlsabd, CA 92009
Attn: Barrv Burzo
SPACE ABOVE THIS LINE FOR RECORDERSUSE
Co.
11320
The undersigned grantor(s) declare(s):
Documentary transfer tax is $o.oOv“f Assessor’s Parcel No. 214-631 -05
( ) 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:
CT 98-14-02 Thompson Tabata Unit # 2
PR 05-43
encumbrances remaining at time of sale
CORPORATION QUITCLAIM DEED OF EASEMENT I
FOR A VALUABLE CONSIDERATIONl receipt of which is hereby acknowledged,
City of Carlsbad, a Municipal Corporation
or anized under the laws of the State of California does hereb: REMISE, RELEASE, AND F~REVER quitclaim to:
The Bay Collection Homeowners Association, A California Non-Profit Corporation
the following described real property in the City of Carlsbad, County of San Diego, State of California: a Public Utility easement as described in Exhibit “A consisting of 1 page, attached hereto and made a part hereof. Exhibit “B” consisting of 2 pages is attached for clarity only.
DATED J1°1b’65
I ATTEST:
(SEAL)
4 I H:\Development Services\Masters\Deeds, Easements, Grant Deeds\Corp Quitclaim Deed of Easement-City 611 IO0
I State of California 1 ss. County of
On //-/8-@5
personally appeared
Date
Name(s) of Signer(s)
mersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person# whose name0 is/-
subscribed to the within instrument and
acknowledged to me tha&&hefhyexecuted
the same in ' authorized
capacity(*, and that by C6&t&k+
signature&) on the instrument the persow, or
the entity upon behalf of which the personw
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
OPTIONAL
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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
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
Other:
Signer Is Representing:
0 1997 National Notary Association * 9350 De Soto Ave , P.O. Box 2402 Chatsworlh, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
EXHIBIT “A”
Page 1 of 1
LEGAL DESCRIPTION
CITY OF CARLSBAD TRACT NO. CT 98-14-02
CITY OF CARLSBAD PUBLIC UTILITY EASEMENT
QUITCLAIM
PR 05-43
Easement rights for that certain Public Utility Easement, situated in the City of Carlsbad, County
of San Diego, State of California, held by the City of Carlsbad, over a portion of Lot 40, City of
Carlsbad Tract No. CT 98-14-02, filed April 29, 2004 as Map No. 14773 in the Office of the
County Recorder of said San Diego County, shown as Easement “H’ on said Map.
CONTAINING: 6,782 Square feet, more or less.
EXHIBIT tcB9’ attached and by this reference made a part hereof.
- Gregory A. Helmer, L.S. 5134
Dated: May 23,2005
PRCX/ECT LOCATION- I
DATE: MAY 23, 2005
SCALE AS HWN
4PM 214-631-05
-
PUBLIC UTILITY EASEMENT QUITCLAIM MAWN BY: RBF
PR 05-43
EASEkWT RIWTS Fbp A PML IC UTILITY EASEUENT, SITUATED IN TN
CITY W CARLSBAD, #WTY of SAN DIEGO, STAT€ ff CALIFWIA, ELD BY TE CITY ff CARLSBAD, OVER A mTIW ff LOT 40, CITY clr CARLSBAD TRACT No CT 98-14-02, FILED APRIL 29, 2004 AS MP
No. 14773 IN M ofFICE of TN WTY RECbpDER aF SAID SAN
DIEW COUVTY.
15W:
VlClNrrY MAP
NOT TO SCALE
BASIS OF BEARINGS
TK BASIS ff KARIffiS Fbp THIS MP IS TN ESTERLY LIK of SECTIW 22, TOWNSHIP 12 SOUTH, RANGE 4 EST, SAN EZRNARDIM
KRIDIAN AS WWN OrJ MP IW. 14773 FILED APRIL 29, 2004 IN
TK WFICE of TE COUVTY RECOWER OF SAID SAN DIEW COUVTY,
CAL IFLRNIA, I. E. No0'33'02"E.
PLANNINQ DESIQN CONSTRUCTION
l4725 &TON PARKWAY
RWECALKXNA926U+x)27 C 0 N S U LTI N 0 949.4723505 . FAX W.472&373 . wrn€@F.com
SHEET 1 OF 2 EXHIBIT W
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67'12 '23" 22.50 ' 26.39 ' __ 48.62'
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6 N40'08'09"W (RAD) 43.51' - / 7 02'21'56" 228.00' 9.41' 25 m "I ~5 05'01 '57" 228.00' 20.03' /
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POR. SEC. 22 I POR. SEC. 27
1. 12S.,R.4W., 1.12s.' R.4W.,
S. 8. M.
\ \ S. B. M. SCALE: 1*=60'
27 BASIS OF BEARINGS 22 I
NOO'33 '02"E 423 7t
(RAD)R=228. 00 '
EASEMENT NOTES
DATE MAY 23, 2005
SCALE AS WON
Am 214-631-05
THIS MAP WAS PREPARED BY E OR U\IXR MY
PUBLIC UTILITY EASEMENT QUITCLAIM DRAWN BK RBF
PR 05-43
EASEMNT RIGHTS FOR A PUX IC UTILITY EASEMNT, SI TUA TED IN ThE
CITY OF CARLBAD, COUVTY of SAN DIEGO, STATE OF CALIFiXNIA, KLD BY TE CITY OF CARLBAD, OVER A PORTIOV of LOT 40, CITY
dF CARLSBAD TRACT M3 CT 98-14-02, FILED APRIL 29. 2004 AS MAP
No. 14773 IN TM &FIE OF TE CWTY RECCRB? aC SAID SAN DIEGO COWJTY.
TING
REVISED:
QIWICATES FAIL SAFE OVERFLOW minm EAWT TO TME
CITY OF CARLSBAD PER TRACT CT 98-14-02, MP MI. 14773.
@ IiWICA TES pL&I IC UTILITY EASNNT TO M CITY OF CARLSBAD PER TRACT M3 CT 98-14-02, MAP No. 14773.
DIRECTION
GREGORY A. hFLKR, L.S. 5134
DALE MARCH 10, 2005 SHEET 2 OF 2 EXHIBIT W
November 18,2005
The Bay Collection Homeowners Assoc.
do Walters Management Company
1959 Palomar Oaks Way, #320
Carlsbad, CA 92009
RE: CORPORATION QUITCLAIM DEED OF EASEMENT - CT 98-14-02 (PR 05-43)
The Carlsbad City Council, at its meeting of November 15, 2005, adopted Resolution
No. 2005334, approving the quitclaim of an existing Public Utility Easement across Lot
40 of Carlsbad Tract 98-14-02, PR 05-43 to The Bay Collection Homeowners
Association, a California non-profit Corporation.
The original fully executed Quitclaim is enclosed so that you can have it recorded with
the San Diego County Recorder.
Sincerely,
Wt% Sheila R. Cobian
Deputy City Clerk
1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1989 0 (760) 434-2808 @