Loading...
HomeMy WebLinkAbout2006-03-07; City Council; 18465; Quitclaim of Irrigation and Landscape EasementCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 18,465 3/07/06 ENG TITLE: QUITCLAIM OF AN IRRIGATION AND LANDSCAPE MAINTENANCE EASEMENT AND A PUBLIC UTILITY AND TREE PLANTING EASEMENT OVER LOT 51 OF CT 76-03 AT 7316 MUSLO LANE (APN: 223-281-11), PR 05-83 "^ A*?DEPT. HD. /Sir CITYATTY. f^fl'- c.TYMG£AS> RECOMMENDED ACTION: Adopt Resolution No. 2006-049 quitclaiming on property at 7316 Muslo Lane an irrigation and landscape maintenance easement as dedicated on a portion of Lot 51 of CT 76-03, County Map No. 8583 and a public utility and tree planting easement as dedicated on a portion of Lot 499 of CT 72-20, County Map No. 7950. ITEM EXPLANATION: Approximately 22 to 24 feet of the rear yard of 7316 Muslo Lane is encumbered by two City easements recorded in the 1970's. The easements are for public irrigation, landscape, tree planting, and utilities which traverse the rear yards of several neighboring single-family lots in addition to the subject lot. The easements provided a landscaped buffer between a portion of the now abandoned Rancho Santa Fe Road and the subject lot located west of the road. The public utility and tree planting easement is not being utilized for any public utilities. The property owner, Dan C. and Arlene M. Stottlemyre, are requesting a quitclaim of both easements. Rancho Santa Fe Road is no longer adjacent to the rear of their lot. Rancho Santa Fe Road, which has been realigned to the east, has been replaced with a public trail. This public trail is located southeast of the property and does not encroach into the easements. All utility companies and City departments that may have an interest in said easements have been informed of the requested quitclaim. None of the utility companies or departments has objections to the quitclaim. Since the road no longer abuts the rear of 7316 Muslo Lane, no public utilities exist within the easement, and the City no longer has an interest in trimming trees that won't interfere with or buffer vehicular traffic, staff has determined that both easements are no longer necessary. Therefore, staff is recommending that the Council approve the quitclaim requested by Dan C. and Arlene M. Stottlemyre. ENVIRONMENTAL REVIEW: The activity is exempt from California Environmental Quality Act (CEQA) review per CEQA Section 15061(b)3. FISCAL IMPACT: The item has no fiscal impact to the City other than a reduction in cost for landscape maintenance. The easements were granted to the City for a no fee cost acquisition and the City will quitclaim the easement for a no fee cost return to the property owner. The owner has paid the standard fee for processing this quitclaim. EXHIBITS: 1. Location Map. 2. Resolution No. 2006-049 quitclaiming on property at 7316 Muslo Lane an irrigation and landscape maintenance easement as dedicated on a portion of Lot 51 of CT 76-03 per County Map No. 8583, and a public utility and tree planting easement as dedicated on a portion of Lot 499 of CT 72-20 per County Map No. 7950. 3. Quitclaim deed for PR 05-83. DEPARTMENT CONTACT: David Rick, (760) 602-2781, drick@ci.carlsbad.ca.us LOCATION MAP 3/7E CITY OF OCEANSIDE HIGHWAY ,>« VICINITY MAP NOT TO SCALE WOT TO SCALE PROJECT NAME QUITCLAIM OF EASEMENT AT7316 MUSLO LANE PROJECT NUMBER PR05-83 EXHIBIT 1 DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 12/19/05 C:\DEVELOPMENT PROJECTS\PR\PR05-83.DWG -2. 5< f~rri \/i i as 1 RESOLUTION NO. 2006-049 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 4 5 72-20 PER COUNTY MAP NO. 7950. 6 7 8 9 10 11 12 13 14 CALIFORNIA, QUITCLAIMING ON PROPERTY AT 7316 MUSLO LANE AN IRRIGATION AND LANDSCAPE MAINTENANCE EASEMENT AS DEDICATED ON A PORTION OF LOT 51 OF CT 76-03 PER COUNTY MAP NO. 8583, AND A PUBLIC UTILITY AND TREE PLANTING EASEMENT AS DEDICATED OVER A PORTION OF LOT 499 OF CT WHEREAS, Dan C. and Arlene M. Stottlemyre, husband and wife as joint tenants, have submitted a request for a quitclaim on property at 7316 Muslo Lane of an irrigation and landscape maintenance easement as dedicated on a portion of Lot 51 of CT 76-03, County Map No. 8583, and a public utility and tree planting easement as dedicated on a portion of Lot 499 of CT 72-20, County Map No. 7950; and WHEREAS, said easements are no longer utilized for the purpose for which they were granted and are not now, nor are they contemplated to be needed for irrigation and landscaping, tree trimming or utility purposes; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim said easements.n o NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 16 California, as follows: 17 1. That the above recitations are true and correct. 18 /// 19 20 21 22 23 24 25 26 27 28 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 2. That the quitclaim deed conveying easements over a portion a portion of Lot 51 of CT 76-03 for irrigation and landscape maintenance purposes as dedicated on CT 76-03, County Map No. 8583, and for public utility and tree planting easement as dedicated on a portion of Lot 499 of CT 72-20, County Map No. 7950, which is on file with the City Clerk and is incorporated by this reference, is approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 7th day of March , 2006 by the following vote, to wit: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose )None CLAUDE A ATTEST: (SEAL) RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Dan C. Stottlemyre 7316 Muslo Lane Carlsbad CA 92009 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. 223-281 -11 Project No. & Name PR 05-83 STOTTLEMYRE RESIDENCE 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 Dan C. Stottlemyre and Arlene M. Stottlemyre, husband and wife, as joint tenants, all right, title and interest in the property described in Exhibits "A" & "B", consisting of two (2) pages, which are attached hereto an^made a part hereof. CITY 0F£/RLSBAp a^unjgfp^Ctfrporation, ;LAUDE A. UEW Executed on 20 ^ at Carlsbad, California APPROVED AS TO FORM: RONlALDlR. BALL, CttY ATTORNEY NE M. WOOD, City' Clerk (Notarial acknowledgement of execution of Grantor must be attached.)C / .•'• H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Quitclaim Deed - City (Real Property)6/1/00 State of California ] r- County of San Diego J On tgK \ (£)& before me.u personally appeared ClOiOC^^ ft - 0perpersonally known to me -OR- D proved to me on the basis of satisfactory evidence to be the person^) whose namefS)dsVafe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(jes)7 and that by his/ner/their signatur$(6) on the instrument the person^), or the entity upon ^^^^^^^^^^ behalf of which the persorXs) acted, executed the instrument. »BLA BENAE COBAN | ConvnMon f 1639631 I WITNESS, my hand and official seal.Notary PuMc - CoUbmta | tan Dtogo County aooer orrCLSi (This area for official notary seal.) SIGNATURE OF NOTARY Title or Type of Document Date of Document No. of Pages Signer(s) other than named above H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Quitclaim Deed - City (Real Property) 6/1/00 Exhibit "A" PR 05-83 All that portion of Lot 51 of Carlsbad Tract No. 76-3 (La Costa Vale Unit No. 4), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 8583, filed in the Office of the County Recorder of San Diego County, May 25, 1977, more particularly described as follows: PARCEL A Easement for irrigation and landscape maintenance purposes dedicated per CT 76-3 (La Costa Vale Unit No. 4), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 8583, filed in the Office of the County Recorder of San Diego County, May 25, 1977. Said land contains 735 sq. ft., more or less. PARCEL B Easement for 10 foot public utilities and tree planting purposes dedicated on Carlsbad Tract 72-20 (La Costa Vale Unit No. 3), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7950, filed in the Office of the County Recorder of San Diego County, June 3, 1974. Said land contains 1,719 sq. ft., more or less. This legal description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature:IllL- Johrn R. Berggren, L.S. 6000 License Expires 12/31/2006 Date: September 9, 2005 EXHIBIT "BT PR 05-83 CARLSBAD TRACT LOT 52 BASIS OF BEARINGS THE BASIS OF BEARINGS HEREON IS THE NORTHWESTERLY LINE OF LOT 51, I.E. N3r22'20"E PER MAP NO. 8583 LEGEND (A) EASEMENT FOR IRRIGATION & LANDSCAPE MAINTENANCE PURPOSES DEDICATED PER CARLSBAD TRACT NO. 76-3 (LA COSTA VALE UNIT NO. 4) PER MAP NO. 8583 © 10' PUBLIC UTILITY & TREE PLANTING EASEMENT DEDICATED ON CARLSBAD TRACT NO. 72-20 (LA COSTA VALE UNIT NO. 3) PER MAP NO. 7950 QUITCLAIM OF EASEMENTS APPLICANT:DAN STOTTLEMYRE 7316 MUSLO LANE CARLSBAD, CA 92009 (760) 438-7181 DATE: 7-12-05 BERGGREN & ASSOCIATES LAND SURVEYING AND RIGHT OF WAY MAPPING 6046 CORNERSTONE COURT WEST #116 SAN DIEGO, CALIFORNIA 92121 (858) 824-0034 / (858) 824-0036 City of Carlsbad ^ •i^^^V'OTM^^^^BM^BB^BBi^MI^^^^^B^l^^^^^^^^^^Office of the City Clerk Records Management Department March 9, 2006 Dan C. Stottlemyre 7316MusloLane Carlsbad, CA 92009 RE: QUITCLAIM OF IRRIGATION AND LANDSCAPE MAINTENANCE EASEMENT AND UTILITY AND TREE PLANTING EASEMENT The Carlsbad City Council, at its meeting of March 7, 2006, adopted Resolution No. 2006-049, approving the quitclaim of an Irrigation and Landscape Easement and a Public Utility and Tree Planting Easement over property located at 7316 Muslo Lane, APN: 223-281-1 I/PR 05-83. The fully executed and notarized original Quitclaim Deed is enclosed so that you can have it recorded in the Office of the San Diego County Recorder. , CMC Assistant City Clerk Enclosure (1) 12OO Carlsbad Village Drive • Carlsbad, CA 92OO8-1989 • (76O) 434-28O8