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HomeMy WebLinkAbout2003-01-14; City Council; Resolution 2003-0131 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 RESOLUTION NO. 2003-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE QUITCLAIM OF A PORTION OF AN OPEN SPACE EASEMENT OVER LOT 395 OF CARLSBAD TRACT NO. 97-03, MAP 13837. WHEREAS, Rick Engineering Company, on behalf of Rancho Carrillo Master Association, a California nonprofit mutual benefit corporation, have submitted a request for quitclaim of a portion of an open space easement over Lot 395 dedicated to the City per Carlsbad Tract No. 97-03; and WHEREAS, a lot line adjustment was processed through the City to shift the property line between Lot 395 and Lot 359 of Carlsbad Tract No. 97-03 such that Lot 359 gains 0.165 acres of land designated with an open space easement from Lot 395; and WHEREAS, said newly acquired property to Lot 359 will no longer require an open space / easement since this portion of the easement is no longer a part of the designated open space lot; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to quitclaim said easement; and WHEREAS, the City Council finds that that portion of land affected by the proposed reduction in open space does not appear on the "Official Open Space and Conservation Map" dated June 1992 and therefore the City Council need not make specific findings before adjusting the boundaries of this open space area; and WHEREAS, Certificates of Compliance for the lot line adjustment will be recorded with the San Diego County Recorders Office subsequent to execution of the quitclaim deed. 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 quitclaim deed conveying an open space easement over a portion of Lot 395, Map No. 13837 of Carlsbad Tract No. 97-03, to Rancho Carrillo Master Association, a California nonprofit mutual benefit corporation, which is on file with the City Clerk and is incorporated by this reference, is approved. 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 (SEAL) 3. That the Mayor is authorized to execute the deed and the City. Clerk is hereby authorized to release the original quitclaim deed to Rancho Carrillo Master Association, a California nonprofit mutual benefit corporation. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 14th day of JANUARY , 2003 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard ATTEST: Page 2 of 2 of Resolution No. 2003-013