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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David Rick 760-602-2781 david.rick@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION:APPROVED DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC d CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 EXHIBITS: 1.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 1 DRAWN BY: SCOTT EVANS. CARLSBAD UTILITIES DEPT. 5/11/10 ft \DEm.OPU£NT PROJECTS\PR\f>R10-13.DWG RESOLUTION NO. 2010-153 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 4 21 22 23 24 25 26 27 28 CARLSBAD, CALIFORNIA, QUITCLAIMING TWO TEMPORARY FIRE STATION EASEMENTS AND A TEMPORARY SLOPE EASEMENT AT 3131 LEVANTE STREET. PR 10-13 5 n WHEREAS, Per the 1988 Fire Station Agreement between the City of Carlsbad and 6 BCE Development, Inc. dated October 14, 1988 and the First Amendment to 1988 Fire Station 7 Agreement between the City of Carlsbad and Fieldstone/La Costa Associates Limited Partnership, 8 a Limited Liability Partnership, dated December 18, 1989, the City has agreed to relinquish to the .9 property owner of Lot 249 of La Costa Vale Unit No. 1, in the City of Carlsbad, County of San 10 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 14 Diego County; and 1 w 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. C 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 Q 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. 11 4. That the quitclaim deed (PR 10-13), which is on file with the City Clerk and is 12 incorporated by this reference, is approved. 13 5. That the Mayor is authorized to execute the quitclaim deed and the City Clerk is 14 hereby authorized to record said document. 15 16 17 18 19 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 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.