HomeMy WebLinkAbout2010-06-22; City Council; 20271; Temporary Fire Station Quitclaim -Slope EasementCITY OF CARLSBAD - AGENDA BILL 12
AB# 20.271
MTG. 6/22/10
DEPT. CED
QUITCLAIM OF TWO TEMPORARY FIRE
STATION EASEMENTS AND A TEMPORARY
SLOPE EASEMENT AT 3131 LEVANTE ST.
PR 10-13
DEPT.
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Adopt Resolution No. 2010-153 quitclaiming two temporary fire station easements and a
temporary slope easement at 3131 Levante Street.
ITEM EXPLANATION:
On March 18,1997, a temporary fire station easement and temporary slope easement were recorded
over Lot 249 of La Costa Vale, Unit No. 1 in favor of the City of Carlsbad. The 1988 Fire Station
Agreement dated October 14, 1988 and First Amendment to the Fire Station Agreement dated
December 18, 1989, referenced in the easement grant deed, define the terms between the city and
property owner for temporarily locating, operating and ultimately vacating Fire Station No. 6.
Per the agreements, the city is required at city cost to quitclaim the easements and restore the site
once Fire Station No. 6 has been relocated to Rancho Santa Fe Road. The temporary fire station was
removed once the new station was constructed along Rancho Santa Fe Road in the spring of 2009.
The temporary site has been restored per the agreements.
On June 1, 2004, Lot 249 was subdivided per CT 02-29. Another temporary fire station easement
was dedicated and accepted by the city over Lot 1 of CT 02-29, overlapping the easements recorded
in 1997. The current property owner, Trimark Pacific - Casa La Costa, LLC, is requesting that the city
quitclaim all easements.
ENVIRONMENTAL IMPACT:
The proposed quitclaim of easements does not qualify as a "project" under the California
Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in
a direct or reasonable foreseeable indirect physical change in the environment.
FISCAL IMPACT:
The item bears little cost to the city. Per the 1988 Fire Station Agreement, the city is required to
process the documents necessary to remove the easements from property title. The cost associated
with processing these documents include staff time and the recording fee charged by the County
Recorder.
DEPARTMENT.CONTACT: David Rick 760-602-2781 david.rick@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION:APPROVED
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC d
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
Page 2
EXHIBITS:
1. Location map
2. Resolution No. 2010-153 quitclaiming two temporary fire station easements and a
temporary slope easement at 3131 Levante Street.
3. Quitclaim Deed (PR 10-13)
LOCATION MAP
5/7E
VICINITY
MAP
NOT TO
SCALE
NOT TO SCALE
PROJECT NAME TEMPORARY FIRE STATION
AND SLOPE EASEMENT
PROJECT
NUMBER
PR10-13
EXHIBIT
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DRAWN BY: SCOTT EVANS. CARLSBAD UTILITIES DEPT. 5/11/10 ft \DEm.OPU£NT PROJECTS\PR\f>R10-13.DWG
RESOLUTION NO. 2010-153
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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CARLSBAD, CALIFORNIA, QUITCLAIMING TWO TEMPORARY
FIRE STATION EASEMENTS AND A TEMPORARY SLOPE
EASEMENT AT 3131 LEVANTE STREET. PR 10-13
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WHEREAS, Per the 1988 Fire Station Agreement between the City of Carlsbad and
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BCE Development, Inc. dated October 14, 1988 and the First Amendment to 1988 Fire Station
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Agreement between the City of Carlsbad and Fieldstone/La Costa Associates Limited Partnership,
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a Limited Liability Partnership, dated December 18, 1989, the City has agreed to relinquish to the
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property owner of Lot 249 of La Costa Vale Unit No. 1, in the City of Carlsbad, County of San
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Diego, State of California, according to map thereof no. 7457, filed in the Office of the County
Recorder of San Diego County on October 18, 1972, all rights of City contained within the12
temporary fire station easement and temporary slope easement granted to the City per13
documents recorded March 18, 1997 as document no. 1997-0119323 of official records of San
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Diego County; and
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WHEREAS, an temporary easement exclusively for operation and maintenance of an16
interim public fire station facility together with reasonable ingress and egress over, upon and
across Lot 1 of Carlsbad Tract 02-29 Villas De La Costa, in the City of Carlsbad, County of San18
Diego, State of California, according to map thereof no. 14818, filed in the Office of the Countyi y
„_ Recorder of San Diego County, June 1, 2004 encumbers the property; and
WHEREAS, the City has removed all facilities related to the fire station and stabilized
and restored the site per said Agreements; and
WHEREAS, said temporary fire station easements and temporary slope easement is
not required for the purpose for which it was granted and is not now, nor is contemplated to be,
needed for future temporary fire station easement or temporary slope easement purposes and
appurtenant facilities.
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 Council approves the quitclaim of the temporary fire station
easement and temporary slope easement lying within Lot 249 of La Costa Vale Unit No. 1, in the
City of Carlsbad, County of San Diego, State of California, according to map thereof no. 7457,
5 filed in the Office of the County Recorder of San Diego County on October 18, 1972.
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3. That the City Council approves the quitclaim of the temporary easement
exclusively for operation and maintenance of an interim public fire station facility together with
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reasonable ingress and egress over, upon and across Lot 1 of Carlsbad Tract 02-29 Villas De La
9 Costa, in the City of Carlsbad, County of San Diego, State of California, according to map thereof
10 no. 14818, filed in the Office of the County Recorder of San Diego County, June 1, 2004.
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4. That the quitclaim deed (PR 10-13), which is on file with the City Clerk and is
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incorporated by this reference, is approved.
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5. That the Mayor is authorized to execute the quitclaim deed and the City Clerk is
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hereby authorized to record said document.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 22nd day of June, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, and Blackburn.
NOES: None.
ABSENT: Council Member Packard.
ATTEST:
/}
/ (Jo 4
L0RRAINGM. WOOpTCity Clerk Q
jfSEAL) O ^^
RECORDING REQUESTED BY
City of Carlsbad
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX STATEMENTS TO:
Trimark Pacific-Casa La Costa LLC
613 W Valley Pkwy Ste 200
Fsrnnriirio. CA 92025-2551
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.
SPACE ABOVE THIS LINE FOR RECORDER'S USE.
Assessor's Parcel No.: 223-170-61 and 223-170-62
Project ID: PR 10-13
Related Project ID: n/a
Related Project ID: n/a
Project Name: Temporary Fire Station No 6
Easement and Temporary slope
easement quitclaim
CITY OF CARLSBAD
GIIEN K. VAN PESKI, PE
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 Trimark Pacific -
Casa La Costa, LLC, a California limited liability company, all right, title and interest in the property described in Exhibit "A",
consisting of one page, attached hereto and made a part hereof.
& , CITYO#^LSBAL/al\flMnicipamojp0orcU*bn,Executed on
20 lQ atljferlsbad, California
LSBAD/a Municipal
LAUDE A. LEWIS, Mayor
ATT
(Notarial acknowledgement of execution of Grantor must be attached.)
H:\Development Services\Projects\PR FILES\PR 10\PR 10-13 Temoraray Fire Station 6 and slope easement quitclaim - Rick\PR 10-13 Temp Fire Station Quitclaim Deed City Real
10.doc REV 4/15/10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
AlCounty of
On
^
Date
personally appeared
before me,vtyl ai
C<j2/)iJLrtJLr)
of the
Name(s)-gner(s)
Notary **•'"*?*S»n Diego Count*
c^< May 10.2*131
who proved to me on the basis of satisfactory evidence to
be the person(sf whose name(s)<ii)feHs&- subscribed to the
within instrument and acknowledged to me that
^Bhe/they executed the same in(fjj]})fhen'trwtr authorized
capacity(ies£ and that bytfiishref/tbeif signature^on the
instrument the person(*K or the entity upon behalf of
which the person(s)^icted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
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(s)
Signer's Name:
D Individual
D Corporate Officer —Title(s):
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
a Other:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:.
Signer's Name:
D 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:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
®2007Nattonal Notary Assoctation-9350D8SotoAve.,RO.Box2402.ChatsworthlCA 91313-2402 •www.NattonalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-676-6827
H:\Development Services\Projects\PR FILES\PR 10\PR 10-13 Temoraray Fire Station 6 and slope easement quitclaim - RicWPR 10-13 Temp Fire Station Quitclaim Deed City Real Property revised 4-15-
10.doc REV 4/15/10
EXHIBIT "A"
LEGAL DESCRIPTION
QUITCLAIM OF TWO TEMPORARY FIRE STATION EASEMENTS
AND A TEMPORARY SLOPE EASEMENT
PR 10-13
ALL OF PARCEL "A" OF A TEMPORARY FIRE STATION EASEMENT AND PARCEL "B" OF A TEMPORARY
SLOPE EASEMENT TOGETHER WITH REASONABLE INGRESS AND EGRESS THERETO IN FAVOR OF THE CITY
OF CARLSBAD ACQUIRED PER DOCUMENTS RECORDED MARCH 18, 1997 AS DOCUMENT NO. 1997-
0119323 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY ON A PORTION OF LOT 249 OF LA COSTA VALE
UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 7457, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
OCTOBER 18, 1972;
TOGETHER WITH TEMPORARY EASEMENT EXCLUSIVELY FOR OPERATION AND MAINTENANCE OF AN
INTERIM PUBLIC FIRE STATION FACILITY INCLUDING REASONABLE INGRESS AND EGRESS OVER, UPON
AND ACROSS LOT 1 OF CARLSBAD TRACT 02-29 VILLAS DE LA COSTA, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14818, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 1, 2004.