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Home My WebLink About2006-08-15; City Council; 18698; QUITCLAIM: CALLE GAVANZO AND VIA CALLENDO EASEMENT8 CITY OF CARLSBAD - AGENDA BILL 18.698AB# MTG. 08/15/06 DEPT. ENG QUITCLAIM OF A PORTION OF OPEN SPACE EASEMENT LOCATED AT CALLE GAVANZO AND VIA CALLENDO PR 05-102 DEPT. HEAD CITY ATTY. CITY MGR. ||, -' RECOMMENDED ACTION: Adopt Resolution No. 2006-244 approving the quitclaim of a portion of open space easement originally dedicated to the City of Carlsbad per CT 02-05, Villages of La Costa, La Costa Oaks South, Neighborhood 3.15. ITEM EXPLANATION: This is a request by Bradley A. and Ann T. Hirou to quitclaim a portion of an existing open space easement within the applicant's property at the intersection of Calle Gavanzo and Via Callendo. The open space easement was originally dedicated as part of Lot 100 of the final map for Carlsbad Tract CT 02-05, Villages of La Costa, La Costa Oaks South, Neighborhood 3.15. This portion of the open space easement was required because it was within the proposed open space Lot 100. This portion of the open space lot is not part of the City designated open space and does not contain any habitat. Since this portion of Lot 100 did not serve its intended purpose, Real Estate Collateral Management Company (RECMC), the owner of Lot 100 of CT 02-05, with staff's concurrence, applied for and obtained approval of a boundary adjustment transferring ownership to an existing lot fronting Calle Gavanzo. The new owners of this portion of the open space, Bradley A. and Ann T. Hirou, are requesting the quitclaim of the open space within the transferred portion of Lot 100. Planning and Engineering staff have reviewed the requested quitclaim. Staff recommends approval of the quitclaim of the portion of the open space requested by Bradley A. and Ann T. Hirou. ENVIRONMENTAL IMPACT: The proposed quitclaim is exempt from environmental review under the California Environmental Quality Act Section 15061(b)(3), because it has been determined that the there is no foreseeable possibility that the quitclaim may have a significant effect on the environment. FISCAL IMPACT: The open space easement was granted to the City at no cost. Approval of this quitclaim will result in approximately 0.32 acres of land to be returned to the tax roll. While no detailed economic analysis was conducted, there will be an increase in tax revenue resulting from the quitclaim and any subsequent development that may benefit from said quitclaim. DEPARTMENT CONTACT: Frank Jimeno (760) 602-2758, fjime@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED tf D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D PAGE 2 OF AB "QUITCLAIM OF A PORTION OF OPEN SPACE EASEMENT LOCATED AT CALLE GAVANZO AND VIA CALLENDO PR 06-102" EXHIBITS: 1. Location Map. 2. Resolution No. 2006-244 approving the quitclaim deed for a portion of existing open space easement originally dedicated per final map for CT 02-06 Villages of La Costa, La Costa Oaks South Neighborhood 3.15. 3. Corporation Quitclaim Deed of Easement (original at City Clerk's office. LOCATION MAP n NOT TO SCALE an or OCEANSIDE HIGHWAY VICINITY MAP NOT TO SCALE SITE PROJECT NAME QUITCLAIM OF PORTION OF OPEN SPACE EASEMENT AT CALLE GAVANZO AND VIA CALENDO PROJECT NUMBER PR 05-102 EXHIBIT 1 1 RESOLUTION NO. 2006-244 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING THE QUTCLAIM DEED FOR A PORTION OF EXISTING OPEN SPACE EASEMENT ORIGINALLY 4 DEDICATED PER FINAL MAP FOR CT 02-05 VILLAGES OF LA COSTA. LA COSTA OAKS SOUTH NEIGHBORHOOD 3.15 5 WHEREAS, Bradley A. and Ann T. Hirou have submitted a request for a quitclaim of a 6 portion of existing open space easement originally dedicated to the City of Carlsbad over Lot 100 7 of CT 02-05 Villages of La Costa, La Costa Oaks South Neighborhood 3.15, and Q WHEREAS, the open space is not part of the City designated open space and does not q contain any habitat; and 10 WHEREAS, this portion of Lot 100 did not serve its intended purpose; and 11 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public 12 interest to quitclaim said portion of easement; 13 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.15 2. That the quitclaim deed quitclaiming a portion of the existing open space 16 easement to the current property owner, which is on file in the City Clerk's office and is 17 incorporated by this reference; is approved. 18 6. That the Mayor is authorized to sign the original Quitclaim Deed and the City 19 Clerk is authorized to cause the original Quitclaim Deeds to be recorded in the Office of the County Recorder of San Diego County, State of California. 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 15th day of August, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: M. WOOD, City Clerk RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Bradley A. and Ann T. Hirou 3529 Calle Gavanzo Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(sW-)/j/4^—~" Documentary transfer tax is $0.00 C^*-^ ( ) 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 Assessor's Parcel No. 223-372-18-00 Project No. & Name: PR 05-102 Hirou OS Quitclaim CORPORATION QUITCLAIM DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Carlsbad, a Municipal Corporation organized under the laws of the State of California does hereby REMISE, RELEASE, ANDFOREVER quitclaim to: Bradley A. and Artn T. Hirou the following described real property in the City of Carlsbad, County of San Diego, State of California: an Easement for open space purposes as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. Exhibit "B" consisting of one (1) page is attached for clarity only. DATED M. WOOD, City Clerk" if, H:\Development Services\Masters\Deeds1 Easements, Grant Deeds\Corp Quitclaim Deed of Easement-City 6/1/00 EXHIBIT A QUITCLAIM OF OPEN SPACE EASEMENT PR 05-102 LEGAL DESCRIPTION That portion of Parcel "A" of City of Carlsbad Adjustment Plat ADJ 05-13 in the City of Carlsbad, County of San Diego, State of California, according to Certificate of Compliance CE 06-05 recorded in the office of the County Recorder of San Diego County on February 17, 2006 as Document No. 2006-0118805, denoted as open space, as originally dedicated as Lot 100 of Carlsbad Tract CT 02-05, according to Map No. 14618, filed in the office of the County Recorder of San Diego County, June 23, 2003, more particularly described as follows: Beginning at the most northerly corner of said Parcel "A", thence South 26°58'56" East, 58.71 feet along the easterly line of said Parcel "A" to the True Point of Beginning, thence continuing along the easterly line of said Parcel "A" South 07°38'41" East, 110.39 feet, thence along the southerly line of said Parcel "A" South 71°48'33" West, 120.31 feet, thence along the westerly line of said Parcel "A" and its prolongation North 17°52'12" West 108.78 feet, thence North 71 °54'42" East, 139.91 feet to the True Point of Beginning. Contains approximately 0.32 acres. EXHIBIT 'B' LINE TABLE LINE BEARING DISTANCE LI L2 L3 N17*52'12'W N17*52'12'V N71'56'11'E 54.19' 54,59' 11.91' EASEMENT DATA i\\\\\\\\\1 EASEMENT TQ SDG8.E FDR PUBLIC UTILITIES, INGRESS/EGRESS. REC. 2/02/1987, DDC. 87-056288, D.R. 120 VICINITY MAP ND SCALE LEGEND T.P.O.B. P.O.B. SCALE l'=60' TRUE POINT OF BEGINNING POINT OF BEGINNING CITY DF CARLSBAD SHJ&Et 1 OF 1 APPLICANT! MR. BRADLEY A. HIRDU 3529 CALLE GAVANZD CARLSBAD, CA 92009 760-908-6161 PREPARED BY. THOMPSON LAND SURVEYS 5972 BLACK RAIL RD. CARLSBAD, CA 92011 760-918-9259 APN 223-372-18 PR 05-102 JUNE 6, 2006 DATE