HomeMy WebLinkAbout2006-02-07; City Council; 18425; Quitclaim Drainage EasementCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
18,425
2/7/06
ENG
TITLE: APPROVE AND AUTHORIZE QUITCLAIM OF
A FIVE FOOT PORTION OF AN EXISTING
DRAINAGE EASEMENT ACROSS
PORTION OF CT 98-16
PR 05-1 16
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DEPT. HD. St/tf
CITY ATTY. <Xl—'
CITY MGR. «^A-^
RECOMMENDED ACTION:
Adopt Resolution No. 2006-022 to quitclaim a portion of an existing drainage easement across
a portion of CT 98-16 per Map No. 14517.
ITEM EXPLANATION:
On November 19, 2002 the City Council approved the subdivision CT 98-16 Worthing Subdivision
located North of Buena Vista Avenue, and West of James Drive. The project was conditioned to
dedicate a new drainage easement for a storm drain pipeline to serve the development.
The new storm drain pipeline was constructed five feet offset from the northeasterly easement line
and has been completed. The owners of the land through which the easement traverses are
Nicholas J. Viney and Mary Anne Viney. They have submitted a request to quitclaim the
southwesterly five foot portion of the drainage easement that traverses their property; i.e., a portion
of CT 98-16, per Map 14517.
Maintenance & Operations has no objections and staff concurs with the owners that the five-foot
portion of said easement is no longer necessary.
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 drainage easement was granted to the City for a no cost acquisition and the City will
quitclaim the easement for a no cost return to the property owners in compliance with Subdivision
Map Act Section 66477.5. The owners have paid the standard fee for processing this quitclaim.
EXHIBITS:
1. Location map for quitclaim of drainage easement.
2. Resolution No. 2006-022 to quitclaim a five foot portion of an existing drainage
easement across a portion of CT 98-16, per Map 14517.
3. Corporation quitclaim deed of easement PR 05-116.
DEPARTMENT CONTACT: Bob Wojcik, (760) 602-2733, bwojc@ci.Carlsbad.ca.us
LOCATION MAP
NOT TO SCALE
VISTA
SITE
CITY OF OCEANSIDE
HIGHWAY . >»
PROJECT NAME
QUITCLAIM OF EXISTING DRAINAGE EASEMENT
ACROSS A PORTION OF CT 98-16
PROJECT
NUMBER
CT98-16
EXHIBIT
1
DRAWN BY: ALFRED ROMERO, CARLSBAD ENGINEERING DEPT. 11/31/05 C:\DEVELOPUENT PROJECTS\PR\PR05-116-LM.DWG
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RESOLUTION NO. 2006-022
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD TO QUITCLAIM AN EXISTING DRAINAGE
EASEMENT ACROSS A PORTION OF CT 98-16 PER MAP
NO. 14517. PR05-116.
WHEREAS, a storm drain system has been constructed to serve the development of
Worthing Subdivision, CT 98-16; and
WHEREAS, Maintenance and Operations has no objection to a fifteen foot (15') wide
easement being sufficient to maintain the storm drain, and
WHEREAS, Mr. & Mrs. Nicholas J. Viney are the owners through which the original
easement traverses; and
WHEREAS, the owners have submitted a request for quitclaim of five (5) feet of the
drainage easement granted to City of Carlsbad on December 17, 2002 per Map No. 14517.
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 City of Carlsbad quitclaims five feet (51) of the existing drainage easement
across a portion of CT 98-16 per Map No 14517.
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3. That the Mayor is authorized to execute the deed and the City Clerk is hereby
authorized to release the original quitclaim deed to Nicholas J. Viney and Mary Anne Viney.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 7th day of February , 2006 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
CLAUDE A. LEWISVM
ATTEST:
(SEAL)
City of Carlsbad
Office of the City Clerk
Records Management Department
February 16, 2006
Nicholas & Mary Viney
2326 Byron Place
Carlsbad, CA 92008
QUITCLAIM OF DRAINAGE EASEMENT- PR 05-116
The City of Carlsbad City Council, at its meeting of February 7, 2006, approved
the quitclaim of a portion of an existing drainage easement across a portion of
CT 98-16, PER Map No. 14517.
Enclosed is the fully executed original Quitclaim Deed, which should be recorded
in the Office of the San Diego County Recorder.
{EN RTKUN0TZ,
Assistant City Clerk
Enclosure (1)
12OO Carlsbad Village Drive • Carlsbad, CA 92OO8-1989 • (76O) 434-28O8
RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
Nicholas and Mary Viney
2326 Byron PI.
Carlsbad, CA 92008
MAIL TAX STATEMENTS TO:
Nicholas and Mary Viney
2326 Byron PI
Carlsbad, CA 92008
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. 156-142-47-00
Project No. & Name PR 05-116
Viney Quitclaim
CITY OF CARLSBAD
ROBERT J.
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 Nicholas J. Viney
and Mary Anne Viney all right, title and interest in the property described in Exhibits "A" & "B", consisting of two pages,
which are attached hereto and made a part hereof.
Executed on JjtfHu&^t $ ,
200 (a . at Carlsbad, California
LORKATNE M.
APPROVED AS TO FORM:.
RO|IALD R) BAJJ., CffY ATTORNEY
By
(Notarial acknowledgement of execution of Grantor must be attached.)
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H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Quitclaim Deed -City (Real Property)6/1/00
State of California
County of J
On dC£>L> before me. ^
/?.personally appeared
FFpersonally known to me -OR- D proved to me on the basis of satisfactory evidence to be the person(e)
whose name(s)dsZafe- subscribed to the within instrument and
acknowledged to me thaCBe&h@/thoy- executed the same in
-authorized capacity(ies)-r and that
9HE&AKNAECOBAN
ConvTMonflfiMS"lHotoyPu6ic.Ccilo.rta
(This area for official notary seal.)
signature^ on the instrument the person^r), or the entity upon
behalf of which the person^sfacted, executed the instrument.
WITNESS, my hand and official seal.
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SIGNATURE OF NOTARY
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
CMWD
H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Quitclaim Deed - City (Real Property)6/1/00
DESCRIPTION OF QUITCLAIM OF 5-FOOT PORTION OF 20-FOOT PUBLIC DRAINAGE
EASEMENT
EXHIBIT "A"
THE SOUTHWESTERLY 5.00 FEET OF THE NORTHEASTERLY 20.00 FEET OF LOT 1 OF
CARLSBAD TRACT CT 98-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14517, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 17, 2002.
743 SQUARE FEET
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