Loading...
HomeMy WebLinkAbout2006-07-11; City Council; 18632; Quitclaim Relinquishment of Access Rights EasementCITY OF CARLSBAD - AGENDA BILL AB# 18i632 MTG. 7/11/06 DEPT. ENG QUITCLAIM OF A RELINQUISHMENT OF ACCESS RIGHTS EASEMENT OVER LOTS 11 AND 15 OF CARLSBAD TRACT Rift f\A no MAD Klfb 1 C*l £7ri\J. U4-U^, MMr INU. 1O1O/ PR 06-41 DEPT. HEAD " ffl CITY ATTY. ^^, CITY MGR. *=35v^ RECOMMENDED ACTION: Adopt Resolution No. 2006-187 quitclaiming a Relinquishment of Access Rights easement over Lots 11 and 15 of Carlsbad Tract No. 04-02, Map No. 15167. ITEM EXPLANATION: Carlsbad Tract No. 04-02, recorded November 2, 2005, indicated direct vehicular access rights to Corintia Street from Lots 11 and 15 as relinquished. There were no conditions added to the approving resolutions for the development requiring such relinquishment. No issues were raised during processing of the development that required the restriction of access to Corintia Street. No extreme elevation differences between Corintia Street and the property exist, nor would allowing access obstruct safe vehicular site distance. Staff has determined that these easements were inadvertently placed on the final map. Planned Development 04-01, approved by the City Council November 16, 2004, shows driveway access on Corintia Street. Before permitting the homes to be constructed per the approved planned development permit, the easements will need to be removed via the proposed quitclaim before you. Therefore, staff recommends that the City Council approve the quitclaim requested by the owner and developer, Pulte Home Corporation, A Michigan Corporation, as to Lots 1 through 90 inclusive. ENVIRONMENTAL IMPACT: The activity is exempt from California Environmental Quality Act (CEQA) review per CEQA 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 item has no fiscal impact to the City. 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. 2006-187 quitclaiming a Relinquishment of Access Rights easement over Lots 11 and 15 of Carlsbad Tract No. 04-02, Map No. 15167. 3. Quitclaim Deed PR 06-41. DEPARTMENT CONTACT: David Rick, (760) 602-2781, drick@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED DENIED D CONTINUED O WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D LOCATION MAP SITE NOT TO SCALE VICINITY MAP PROJECT NAME QUITCLAIM OFRELINQUISHMENT OF ACCESS RIGHTS OVER LOT11 AND 15 OFMAP15167(CT04-02) PROJECT NUMBER PR06-41i EXHIBIT 1 DRAWN BY: SCOTT EVANS. CARLSBAD EN&NEERNG OEPT. 5/23/06 C \DEVELOPUENT PROJECTS\PR\PR06-41.DWG 1 RESOLUTION NO. 2006-187 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 4 5 8 and is not now, nor is it contemplated to be, needed for relinquishing access rights purposes; andy WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public10 interest to quitclaim said easement; and 11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 12 California, as follows: 13 CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM FOR A RELINQUISHMENT OF ACCESS RIGHTS EASEMENT OVER LOTS 11 AND 15 OF CARLSBAD TRACT NO. CT 04-02. MAP 15167. WHEREAS, Pulte Home Corporation, A Michigan Corporation, as to Lots 1 through 90 inclusive has submitted a request to quitclaim a relinquishment of access rights easement originally dedicated to the City per Carlsbad Tract No. 04-02, Map No. 15167, Lots 11 and 15; and WHEREAS, said easement was never utilized for the purpose for which it was granted 1. That the above recitations are true and correct. 2. That the Quitclaim Deed conveying a relinquishment of access rights over Lots 11 and 15, Map No. 15167 of Carlsbad Tract No. 04-02, to Pulte Home Corporation, A Michigan Corporation, as to Lots 1 through 90 inclusive, which is on file with the City Clerk and is incorporated by this reference, is approved. 3. That the Mayor is authorized to execute the deed and the City Clerk is hereby 14 15 16 17 18 (| authorized to release the original Quitclaim Deed to Pulte Home Corporation, A Michigani y Corporation, as to Lots 1 through 90 inclusive. 20 21 // 22 // 23 // 24 //25 // 26 //27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11 th day of July, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: LORRAINE M. WOOD, City,CJerk (SEAL) , "l ""•\^> RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Pulte Homes Corporation 5993 Avenida Encinas, Ste. 101 Carlsbad, CA 92008 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. 223-791-01 and 05 Project No. & Name PR 06-41 LA COSTA RIDGE NEIGHBORHOOD 2.1 AND 2.2 QUITCLAIM OF RELINQUISHMENT OF ACCESS RIGHTS OVER LOTS 11 AND 15 OF CT 04-02, MAP NO. 15167 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 Pulte Homes Corporation, A Michigan Corporation, as to Lots 1 through 90 Inclusive the relinquishment of access rights over Lots 11 and 15 of Carlsbad Tract No. 04-02, Map No. 15167 described in Exhibits "A" & "B", consisting of three page(s), which are attached hereto and made a part hereof. Executed on (/Y_i_/iJLt 13 , CITY Of JCARLSB^ a yfunicip/fl QeJfporation, 20 c*L> , at Cansbad, California ATTEST: ,Cf£x LORRAINE M. WOOD, C* FORM: (Notarial acknowledgement of execution of Grantor must be attached.) H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Quitclaim Deed - City (Real Property) i ;. 6/1/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •<se^s<^$Ka2i^^e£^ State of California "I k~ <T"N f ss County of XXXrr>^ iLQGp I On J*^L tfji A3; QCGC? . before me. personally appeared L^tQjUO^ \ ^—^ 8HEIA RENAE COHAN C4£*£tti Cotnmliitonf 1M9M1 1i^SLP "^svssT"! Place Notary Seal Above j '\Jl&ilC^c^:Qf\G^ \jD<Qlf\S} /vOT^fVI JitC)i/Cl . Ndhwand Title of Officer (e.g., "Jane'Doe, Notary^Pjblic") /? £j?td/\ Name(s) of Signer(s) JSQaersonally known to me D proved to me on the basis of satisfactory evidence to be the personj^f^/vhose name(«7Ci§Zai*- subscribed to the within instrument and the same in <^Qis)hor/thoiP authorized signaturej^on the instrument the person^, or the entity upon behalf of which the person(»f acted, executed the instrument. WITNESS my hand and official seal. ( Sig\4tu[e of Notary Public \»> 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Li Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: Number of Pages: ^^•SJpalcnriar^^H Top of thumb here C^XZ<JC^X^G*JG<JG<J<^2<JG<J<^G<X^<^^ © 1997 National Notary Association • 9350 DeSoto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION PR 06-41 BEING ALL OF THE ABUTTER'S RIGHTS OF ACCESS RELINQUISHED AND WAIVED OVER LOTS 11 AND 15 OF CITY OF CARLSBAD TRACT 04-02, LA COSTA RIDGE - NEIGHBORHOODS 2.1 & 2.2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15167, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON NOVEMBER 2, 2005. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. Page 1 of 1 M:\2352\102\Legaldescriptions\A11 QC ACCESS LOTS 11 &15.DOC WO 2352-102 PR 06-41 VICINITY MAP N.T.S. INDICATES ABUTTER'S RIGHTS OF ACCESS RELINQUISHED PER MAP NO. 15167 CITY OF SAN MARCOS PROJECTSITE HUNSAKER & ASSOCIATES SAN DIEGO, INC PUNNING 10179 HuemkoB Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(e58)55ft4500- FX(858)5SM414 R:\0456\AMap\OC Access Lots 11 & 15 SHT O1.dwg[ 1275]Moy-24-2006:09:J3 SHEET 1 OF 2 EASEMENT QUITCLAIM ACCESS RIGHTS - CITY OF CARLSBAD APPLICANT/OWNER: REAL ESTATE COLLATERAL MANAGEMENT COMPANY C/0 MORROW DEVELOPMENT 10903 WRIGHT PLACE. SUITE CARLSBAD. CA 92008 180 PREPARED BY: DAVID W. 'AMBLER LS. 7322 EXPIRES: 12/31/07 PROJECT:LA COSTA RIDGE - NEIGHBORHOODS 2.1 & 2.2 MAP NO. 15167 CT 04-02 A.P.N.: 223-791-01 223-791-05 "T-.5JEXHIBIT "B PR 06-41 0 50 100 150 223-791-05 15 7052 Corintia Street HUNSAKER & ASSOCIATES SAN D I E C ft INC PUNNING 10179 Huamkem Street ENGINEERING San Diego, Ca 92121 SURVEYMG PH(858)55&-4500- FX(858)5S8-14M R:\0456\icUap\QC Access Lots 11 & 15 SHT O2.dwg[ 1275jUay-24-2006:09:36 INDICATES RELINOUISHMENT OF ACCESS RIGHTS TO BE QUITCLAIMED SHEET 2 OF 2 EASEMENT QUITCLAIM ACCESS RIGHTS - C/7Y OF CARLSBAD APPLICANT/OWNER: REAL ESTATE COLLATERAL MANAGEMENT COMPANY C/0 MORROW DEVELOPMENT 10903 WRIGHT PLACE, SUITE 180 CARLSBAD. CA 92008 PREPARED BY: DAVID W. AMBLER LS. 7322 EXPIRES: 12/31/07 PROJECT: M COSTA RIDGE - NEIGHBORHOODS 2.1 & 2.2 MAP NO. 15167 CT 04-02 A.P.N.: 223-791-0? 223-79?-05 EXHIBIT "B"d