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Home My WebLink About2002-01-08; City Council; Resolution 2002-0112 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 RESOLUTION NO. 2o02-c11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A QUITCLAIM AND RESERVATION OF EASEMENT FOR TWO PARCELS ORIGINALLY DEDICATED TO THE COUNTY OF SAN DIEGO FOR ROAD RIGHT-OF-WAY. WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary and in the public interest to quitclaim the two parcels identified as a portion of Parcel 66398A and Parcel 66398B per document recorded February 16, 1987 as file/page 21426 O.R. (the “PARCELS”) originally dedicated to the County of San Diego for road purposes; and WHEREAS, Carlsbad is the successor in interest to the County of San Diego for the PARCELS by way of annexation; and WHEREAS, The City Engineer has determined that retention of public road and public utility easements over the PARCELS currently owned in fee by City, shown on Exhibits “A” and “B” attached hereto and made a part hereof, serves the City’s need for use of the parcels for public road and utility use; and WHEREAS, The 1996 Ranch0 Santa Fe Road Agreement, entered into between the City and Real Estate Collateral Management Company (URECM”) provides for the dedication of the right-of-way for the realignment and widening of Ranch0 Santa Fe Road by RECM in exchange for the City vacating the old Ranch0 Santa Fe Road right-of-way and causing title to be transferred to RECM when such old right-of-way is no longer necessary for City purposes; and WHEREAS, RECM is currently processing a final map for CT 99-04, the City Engineer has determined it appropriate to transfer title for the PARCELS at this time to clear up title issues relating to the final map; WHEREAS, the City of Carlsbad and RECM have jointly agreed that the value of the parcels to be quitclaimed to RECM is equal in value to the easements to be dedicated by RECM for the realigned Ranch0 Santa Fe Road. I// I// 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 California, as follows: 3 1. That the above recitations are true and correct. 2. 4 That the Quitclaim and Reservation of Easement Deed conveying a portion of Parcel 66398A and Parcel 663988 per document recorded February 16,1967 as file/page 21426 5 O.R. to Real Estate Collateral Management Company which is on file with the City Clerk and is 6 incorporated by this reference; is approved. 7 3. That the Mayor is authorized to execute the original Quitclaim and Reservation of 8 Easement Deed and the City Clerk is hereby authorized to cause the original Quitclaim and 9 Reservation of Easement Deed to be released to the property owners to be recorded in the office 10 of the County Recorded of San Diego County. 11 12 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 13 held on the 8th day of JANUARY , 2002 by the following vote, to wit: AYES: Council Members Lewis, hin, Finnila, Nygaard, Hall (SEAL) Resolution No. 2002-011 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: RECM 1903 Wright Place, Suite 180 Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s): a Space above this line for Recorder’s Use. Assessor’s Parcel No. 223-050-67-00 Documentary transfer tax is $ ( OO.O/ryw ) 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. Project No. & Name CT 99-04 Villages of La Costa, The Oaks PR 01-65 CITY OF CARLSBAD ws Robert W&k QUITCLAIM DEED AND RESERVATION OF EASEMENT 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 Real Estate Collateral Management Company, a Delaware corporation, all right and title in the property described in Exhibits “A” & “B”, consisting of three pages, which are attached hereto and made a part hereof (the “Property”), while reserving unto the City of Carlsbad, and its successors in interest, an easement for PUBLIC STREET AND PUBLIC UTILITY PURPOSES over, under and across the Property. (Muef/! ( 2ooai ,E@ arlsbad, California APPROVED AS TO FORM: M. WOOD, City Clerk (Notarial acknowledgement of execution of Grantor must be attached.) City Altomey Approved Version 09.06.01 State of California County of 3w AA%.49 > ss. On l-11 -02- Date personally appeared d personally known to me 17 proved to me on the basis of satisfactory evidence JANlcEmEnENFElD b i to be the person(e) whose name(s) is/;we subscribed to the within instrument and acknowledged to me that he/&&hey executed the same in his/kerWkei+ authorized capacity(i@, and that by his/he&!+eir signature(s) on the instrument the person@), or the entity upon behalf of which the person(+ acted, executed the instrument. 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 fraudulenf removal and reattachment of this form to another document. Description of Attache Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee q Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here 0 1999 Nalwnal Notary Association * 9350 De Soto Ave., P.0 Box 2402 -Chatsworth, CA 91313.2402 + wwwnatmalnotary.orgg Prod No. 5907 EXHIBIT “A” LEGAL D-ESCRIPTION QUITCLAIM AND RESERVATION OF EASEMENT PR 01-65 PARCEL “A” THAT PORTION OF PARCEL 66398-A AND ALL OF PARCEL 66398-B OF GRANT DEED TO THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED ON FEBRUARY 16, 1967 AS FILE NO. 21426 OF OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTHERLY BOUNDARY OF PARCEL “A” OF CERTIFICATE OF COMPLIANCE RECORDED ON DECEMBER 15,1989 AS FILE NO. 89- 680019 OF OFFICIAL RECORDS, SAID POINT BEING THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE BEING NORTH 41”28’22” WEST, 62.99 FEET AND SHOWN AS (NORTH 41”31’39” WEST, 63.00 FEET- RECORD PER SAID PARCEL “A”), SAID POINT ALSO BEING ON A NON-TANGENT 2400.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 41”32’41” WEST (NORTH 41”31’39” WEST - RECORD PER SAID PARCEL “,,) ; THENCE SOUTHWESTERLY ALONG SAID CURVE AND THE NORTHERLY BOUNDARY OF SAID PARCEL “A” THROUGH A CENTRAL ANGLE OF 07’35’06” AN ARC DISTANCE OF 317.72 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF SAID PARCEL 66398-A, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE AND THE PROJECTION OF SAID BOUNDARY, SOUTHWESTERLY THROUGH A CENTRAL ANGLE OF 08”18’51 ,a AN ARC DISTANCE OF 348.26 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL “A”, A RADIAL FROM SAID POINT BEARS NORTH 25O38’44” WEST (NORTH 25”35’16” WEST - RECORD PER SAID PARCEL “A”), SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY OF SAID PARCEL 66398-A AND A NON-TANGENT 1170.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 31O24’58” WEST; THENCE LEAVING SAID 2400.00 FOOT RADIUS CURVE, AND FOLLOWING THE WESTERLY, NORTHERLY AND EASTERLY BOUNDARY OF SAID PARCEL 66398-A, NORTHEASTERLY ALONG SAID 1170.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 65O28’46” AN ARC DISTANCE OF 1337.11 FEET; THENCE NORTH 83”06’16” EAST 60.00 FEET TO A POINT PAGE 1 OF 2 :GM M:\2352\12\legal descriptions\aOl - RSFR QuitclaimPCL-A.doc WO 2352-12 IO/l/O1 ON A NON-TANGENT 1230.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 83”06’16” WEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18”11’42” AN ARC DISTANCE OF 390.60 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 66398-B, SAID CORNER ALSO BEING THE BEGINNING OF A NON-TANGENT 470.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID CORNER’BEARS SOUTH 87”41’04” WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND THE EASTERY BOUNDARY OF SAID PARCEL 66398-B THROUGH A CENTRAL ANGLE OF 41”21’12” AN ARC DISTANCE OF 339.22 FEET; THENCE TANGENT SOUTH 39”02’16” WEST 19.40 FEET TO THE SOUTHERLY CORNER OF SAID PARCEL 66398-B AND A POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL 66398-A, SAID POINT ALSO BEING ON A NON-TANGENT 1230.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL FROM SAID POINT BEARS NORTH 62”20’08” WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND THE EASTERLY BOUNDARY OF SAID PARCEL 66398-A THROUGH A CENTRAL ANGLE OF 14”29’36” AN ARC DISTANCE OF 311 .I4 FEET TO THE TRUE POiNT OF BEGINNING. CONTAINING 1.729 ACRES MORE OR LESS. HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :GM M:\2352\12\legal descriptions\aOl - RSFR QuitclaimPCL-A.doc WO 2352-12 IO/l/O1 I QUITCLAIM & RESERVATION OF EASEMENT 200 0 200 400 600 -0 A- Ei II : SCALE 1" = 200' N83'06'y 6"E(R) f50soo' Lj * i! a t: . %Q .Q A . I=1 I RIGHT-OF- WAY GRANTED TO THE COUNTY OF SAN D/EGO ON FEBRUARY 16, 1967 AS FILE NO. 2 1426 I PARCEL 66398-A h I PARCEL “5” OF FILE NO. 89-680018 ‘T- / PARCEL *A* ---- -.-!- N25*05'22"W(R)(1230') PARCEL 66398-B ml PARCEL ?I ” HUNSAKER AREA = 1.729 ACRES & ASSOCIATES m PARCEL “B ” SAN OIEGO. INC AREA = 0.456 ACRES PLANNING 10’179 Hwnnekens St Suite 200 ENGINEERING San Diego, Ca 92121 SURVEYING PH(SS8)5S&4500. FX(858bS&l.1414 R\026l\Nnp\k? RSFFRdwg APPLICANTZ VILLAGES OF LA COSTA 2300 ALGA ROAD CARLSBAD, CA 92009 (760) 929-2701 (REC) - INDICATES RECORD DATA PER DOC. REC. 12-15-1989, AS F/P. 89-680019, O.R. PLAT - GIN OF CARLS I N.lS. SHFFT 1 OF 1 1 -. .--. -. . I 13140 bREPARED By: PROJECT: A.P.N.: CT 99-04 223-050-67,70 DAVID W. AMBLER L.S 7322 EXP. 12/31/01 PR.01-65 EXHIBIT “B”