HomeMy WebLinkAbout1999-10-26; Municipal Water District; Resolution 1066x<
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RESOLUTION NO. 1066
A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER
DISTRICT, CARLSBAD, CALIFORNIA, FOR APPROVAL AND
EXECUTION OF TWO QUITCLAIM DEEDS OF WATER PIPELINE EASEMENT; APN 216-140-30-00, CMWD PROJECT NO. 95-504.
WHEREAS, GREYSTONE HOMES, INC., owner of Poinsettia Shores Plan Area C, Lot
IO, Condominiums, East Side of Windrose Circle, CMWD Project No. 95-504, have submitted a
request for approval and execution of two quitclaim deeds of a water pipeline easement granted
to Carlsbad Municipal Water District per document: 1) A Portion of the Existing 20’ Water
Easement Recorded November 06, 1958 in Book 7338, Page 303 of Official Records and 2) A
Portion of the Existing 20’ Water Easement Recorded August 29, 1961 as File No. 150326 of
Official Records. Both easements are lying within Lot 1 of Map No. 13653 in the City of Carlsbad,
County of San Diego, State of California and were for water pipeline purposes.
Whereas new water facilities have been concurrently and adequately provided for within
the public right-of-way of Avenida Encinas and Windrose Circle, and the abandoned water
pipeline and easement will no longer be necessary; and
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has
determined it to be in the public interest to approve the two quitclaim deeds attached hereto; and
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Carlsbad
Municipal Water District, as follows:
1. That the above recitations are true and correct.
2. That the Quitclaim Deed conveying a water pipeline easement lying within Lot 1 of
Map No. 13653 in the City of Carlsbad, County of San Diego, State of California, CMWD Project
No. 95-504, granted to the Carlsbad Municipal Water District, per document: 1) A Portion of the
Existing 20’ Water Easement Recorded November 06, 1958 in Book 7338, Page 303 of Official
Records and 2) A Portion of the Existing 20’ Water Easement Recorded August 29, 1961 as File
No. 150326 of Official Records. recorded October 23, 1961 as File No. 18344 of Official Records,
IO longer will be necessary since new water facilities have been concurrently and adequately
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provided for within the public right-of-way of Avenida Encinas and Windrose Circle, which is on
file with the Secretary and is incorporated by this reference, is approved.
3. That the President and the Secretary are authorized and directed to execute said
quitclaim deeds. Following the President's signature of the said quitclaim deed, the Secretary is
further authorized and directed to cause the original deed to be returned to the owner,
GREYSTONE HOMES, INC., 5973 Avenida Encinas, Suite 101, Carlsbad, California, 92008, to
be recorded in the Office of the County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water
District held on the 26th day of OCTOBER , 1999, by the following vote to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin
ATTEST:
/ AWA L. WNKFJA#Z, Secretary
(SEAL) v
KAREN R. KUNDTZ, Assistant Secretary
RECORDING REQUESTED BY
. GREYSTONE HOMES
AND WHEN RECORDED, PLEASE
MAIL TO:
GREYSTONE HOMES
5973 AVENIDA ENCINAS
SUITE 101
CARLSBAD, CALIFORNIA 92008
MAIL TAX STATEMENTS TO:
GREYSTONE HOMES
5973 AVENIDA ENCINAS
SUITE 101
CARLSBAD, CALIFORNIA 92008
Space above this line for Recorder's Use.
The undersigned grantor@) 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.
Assessor's Parcel No. 21 6-14030-00
Project No. & Name 95-504; POINSETTIA SHORES
PLAN AREA C. LOT 10. CONDOMINIUMS. EAST
SIDE OF WINDROSE CIRCLE
CARLSBAD MUNICIPAL WATER DISTRICT
WILLIAM E. PLUMlbER, P.E., Deputy City Engineer
QUITCLAIM DEED
CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a
Subsidiary District of the City of Carlsbad, for a valuable consideration receipt of which is hereby acknowledged, does
hereby remise, release and quitclaim to GREYSTONE HOMES, INC., all right, title and interest in the property described in
Exhibits "A" & "B, consisting of TWO (2) pages, which are attached hereto and made a part hereof.
Executed on November 3 I
192, at Carlsbad, California
APPROVED AS TO FORM:
RONALD R. BALL, GENERAL COUNSEL
ATTEST:
(Notarial acknowledgement of execution of Grantor must be attached.)
1
.. .
10/29/98 Rev.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
On 7%2!!&42; /?q, before me, %7 --
personally appeared
Date (e.g., "Jane Doe, Notary Public")
Name(s) of Signer(s)
PZTpersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person$ whose narneH is-
subscribed- to the within instrument and
acknowledged to me thaehelthey executed
the same in eerhheir authorized
capacity- and that by @her/their
signatur&j-on the instrument the persowor
the entity upon behalf of which the person@'
acted, executed the instrument.
Place Notary Seal Above Signature of Notary Public
OPTlONAL
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 Nam-ed Above:
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
17 Trustee
0 Guardian or Conservator
Cl Other:
Signer Is Representing:
Q 1997 National Notary Association * 9350 De Sot0 Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
APRIL 21, 1999
J.N. : 971058-3
EXHIBIT "A"
QUITCLAIM WATER EASEMENT
THAT PORTION OF THE EXISTING 20' WATER EASEMENT GRANTED TO THE
CARLSBAD MUNICIPAL WATER DISTRICT RECORDED AUGUST 29, 1961 AS
FILE NO. 150326, OF OFFICIAL RECORDS, LYING WITHIN LOT 1 OF MAP
CALIFORNIA, RECORDED JANUARY 31, 1985 IN THE OFFICES OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, OFFICIAL RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
NO. 13653 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 1, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE
EASTERLY BOUNDARY OF LOT 1 SOUTH 24°31'568' EAST 721.77 FEET;
THENCE LEAVING SAID EASTERLY BOUNDARY SOUTH 89O53'36" WEST 21.97
FEET TO A POINT ON THE WESTERLY LINE OF SAID WATER EASEMENT;
TANGENT 291.05 FOOT RADIUS CURVE, CONCAVE TO THE VEST, THE
RADIAL LINE TO SAID POINT BEARS NORTH 81O16'28" EAST, SAID POINT
BEGIN 'ON THE EASTERLY RIGHT-OF-WAY OF AVENIDA ENCINAS PER MAP
NO. 11616 RECORDED AS FILE NO. 86-402404, RECORDED SEPTEMBER 12,
1986 IN THE OFFICES OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
OFFICIAL RECORDS; THENCE ALONG SAID RIGHT-OF-WAY NORTHERLY AN
ARC DISTANCE OF 80.29 FEET THROUGH A CENTRAL ANGLE OF 1S048'24";
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 24O31'56" WEST
9.30 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE LEAVING SAID
THENCE NORTH 24"31'56" WEST 628-22 FEET TO A POINT ON A NON-
RIGHT-OF-WAY SOUTH 89O57'36" EAST 9.89 FEET TO THE TRUE POINT OF
BEGINNING I
AREA = 13,722 SQUARE FEET
CMWD 95-504
I DA TA
J
RECORDING REQUESTED BY
GREYSTONE HOMES
AND WHEN RECORDED, PLEASE
MAIL TO:
GREYSTONE HOMES
5973 AVENlDA ENCINAS
SUITE 101
CARLSBAD, CALIFORNIA 92008
MAIL TAX STATEMENTS TO:
GREYSTONE HOMES
5973 AVENIDA ENCINAS
SUITE 101
CARLSBAD, CALIFORNIA 92008
The undersigned grantor@) declare@):
Documentary transfer tax is $ 00.0
Space above this line for Recorder's Use.
Assessor's Parcel No. 216-140-30-00
Project No. & Name 95-504 POINSETTIA SHORES
( ) computed on full value of property conveyed, or PLAN AREA C. LOT 10. CONDOMINIUMS. EAST
( ) computed on full value less value of liens and SIDE OF WINDROSE CIRCLE
( ) Unincorporated area: (x) City of Carlsbad , and CARLSBAD MUNICIPAL WATER DISTRICT
encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
QUITCLAIM DEED
CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, and a
Subsidiary District of the City of Carlsbad, for a valuable consideration receipt of which is hereby acknowledged, does
hereby remise, release and quitclaim to GREYSTONE HOMES, INC., all right, title and interest in the property described in
Exhibits "A" 8, "B", consisting of TWO (2) pages, which are attached hereto and made a part hereof.
Executed on November 3. I
19=, at Carlsbad, California
ATTEST:
APPROVED AS TO FORM:
RONALD R. BALL, GENERAL COUNSEL
(Notarial acknowledgement of execution of Grantor must be attached.)
1 10/29/98 Rev.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 1
On
personally appeared
Date
Name@) of Signer@)
,hpersonally known to me
0 proved to me on the basis of satisfactory
evidence
Place Notary Seal Above
to be the @%Z@l~(s) whose ms) Qare
subscribed to the within instrument and
acknowledged to me thatmshelthey executed
the same in Wherltheir authorized
capacity(.les), and that by @er/their
signaturewon the instrument the personfs): or
the entity upon behalf of which the person@)-
acted, executed the instrument.
WITNEq my hand and official seal.
fl~b7.7m72L Signature of Notary Public
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 Nam-ed Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
tndividual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
D Trustee
Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
0 1997 Naltonal Notary Association - 9350 De Soto Ave., P.O. Box 2402 * Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
APRIL 21, 1999
J.N. : 971058-3
EXHIBIT \\Aff
QUITCLAIM WATER EASEMENT
THAT PORTION OF THE EXISTING 20' WATER EASEMENT GRANTED TO THE
CARLSBAD MUNICIPAL WATER DISTRICT RECORDED NOVEMBER 6, 1958 IN
BOOK 7338, PAGE 303 OF OFFICIAL 'RECORDS, LYING WITHIN LOT 1 OF
MAP NO. 13653 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, RECORDED JANUARY 31, 1985 IN THE OFFICES OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, OFFICIAL RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 1; THENCE
ALONG THE EASTERLY BOUNDARY OF LOT 1 SOUTH 24O31'56" EAST 721.77
FEET TO A POINT ON THE NORTH LINE OF SAID WATER EASEMENT, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID BOUNDARY SOUTH 24O31'56" EAST '21.97 FEET; THENCE, LEAVING
SAID ,EASTERLY BOUNDARY, SOUTH 89O53'36" WEST 182.90 FEET TO A
.SOUTHWESTERLY, THE . .RADIAL LINE -.TO SAID .POINT SEARS NORTH
68O43'43" EAST, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF
WINDROSE CIRCLE PER MAP NO. 11616 RECORDED SEPTEMBER 12, 1986 AS
FILE NO. 86-402404; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY
AN ARC DISTANCE OF 21-57 FEET THROUGH A CENTRAL ANGLE OF
01O35'55"; THENCE, LEAVING SAID RIGHT-OF-WAY, NORTH 89O53'36"
EAST 181.88 FEET TO THE TRUE POINT OF BEGINNING,
POINT OM A HON-TANGENT 773.00 FOOT RADIUS CURVE'.'. CONCAVE
CMWD 95-504