HomeMy WebLinkAbout1999-12-07; Municipal Water District; Resolution 10681
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RESOLUTION NO.
A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER
DISTRICT, CARLSBAD, CALIFORNIA, FOR APPROVAL AND
EXECUTION OF A QUITCLAIM DEED OF WATER PIPELINE
EASEMENT; APN 212-120-28, CMWD PROJECT NO. 97-276
WHEREAS, DIVERSIFIED CARLSBAD 47 & 48, LLC, a California Limited Liability
2ompany, owner of that portion of Lot 48 of Carlsbad Tract No. 85-24, Unit N0.3 in the City of
zarlsbad, County of San Diego, State of California According To Map Thereof No. 11810. This
?asement was for water pipeline purposes and was granted to Carlsbad Municipal Water District
>er document: Grant Deed of Water Line Easement recorded July 23, 1998 as Document No.
1998-0458764 in the Office Of The County Recorder of San Diego County.
Whereas new water facilities have been concurrently and adequately provided for within
m adjacent property (Lot 49) and no water line was ever constructed within that portion of Lot
18; that section of the easement will no longer be necessary; and
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has
letermined it to be in the public interest to approve the quitclaim deed attached hereto; and
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Carlsbad
ulunicipal Water District, as follows:
1. That the above recitations are true and correct.
2. That the Grant Deed conveying a water pipeline easement lying within that portion
If Lot 48 of Carlsbad Tract No. 85-24 Unit No3 in the City of Carlsbad, County of San Diego,
State of California According To Map Thereof No. 11810; granted to Carlsbad Municipal Water
listrict per document: Grant Deed of Water Line Easement recorded July 23, 1998 as
locument No. 1998-0458764 in the Office Of The County Recorder Of San Diego County has
Ieen deemed no longer necessary as new water facilities have been concurrently and
Idequately provided for within an adjacent property (Lot 49) and no water line was ever
:onstructed within that portion of Lot 48; which is on file with the Secretary and is incorporated by
his reference, is approved.
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3. That the President and the Secretary are authorized and directed to execute said
quitclaim deed. Following the President’s signature of said quitclaim deed, the Secretary is
urther authorized and directed to cause the original deed to be returned to the owner,
IIVERSIFIED CARLSBAD 47 & 48, L.L.C., a California limited liability company, to be recorded
n the Office of the County Recorder of San Diego County, State of California.
3ASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water
Iistrict held on the 7th day Of DECEMBER , 1999 , by the following vote to
Nit:
council Members Lewis, Hall, Finnila, Nygaard, Kulchin
NOES: None
ATTEST:
KAREN R. KUNDTZ, Assistant- Secretary
(SEAL)
RECORDING REQUESTED BY DIVERSIFIED CARLSBAD 47 & 48, LLC.,
a California Limited Liability Company
AND WHEN RECORDED, PLEASE
MAIL TO:
DlVlERSlFlED CARLSBAD 47 & 48, LLC
MAIL TAX STATEMENTS TO:
DlVlERSlFlED CARLSBAD 47 & 48, LLC
c/o WILLIAM TSCHANTZ
1770 GILLESPEE WAY
SUITE 101
EL CAJON, CALIFORNIA 92020
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 0.00
( ) 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.: 212-120-28
Project No. & Name: 97-276,LOT 48,CARLSBAD
CARLSBAD RESEARCH CENTER UNIT 3
LOT 48, CARLSBAD TRACT 85-24,
CARLSBAD MUNICIPAL WATER DISTRICT
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 DIVERSIFIED CARLSBAD 47 & 48, LLC., 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 I CARLSBAD MUNICIPAL WATER DISTRICT,
I9 , at Carlsbad, California a Public Agency organized under the Municipal
Water Act of 1911, and a Subsidiary District of the
City of Carlsbad
CLAUDE A. LEWIS, President
ATTEST:
APPROVED AS TO FORM:
RONALD R. BALL, GENERAL COUNSEL
ALETHA L. RAUTENKRANZ, Secretary
1 10/29/98 Rev.
\b &\5
EXHIBIT "A"
ALL THAT PORTION OF LOT 48 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 3 IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 1 18 10, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, MAY 19,1987; DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 48, SAID POINT BEING ON
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL BEARING TO SAID
POINT BEARS NORTH 63 " 43' 33" WEST; THENCE NORTHEASTERLY ALONG THE ARC
15.74 FEET TO A POINT ON SAID CURVE, A RADIAL LINE TO SAID POINT BEARS
NORTH 39"06'09" WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 39"06'09" WEST 34.46 FEET; THENCE NORTH 63"43'33" WEST 229.82 FEET;
THENCE NORTH 26"38'14" EAST 20.00 FEET; THENCE SOUTH 63"43'33" EAST 234.06
FEET; THENCE SOUTH 39"06'09" EAST 38.82 FEET; THENCE SOUTH 50"53'51" WEST
20.00 FEET TO THE TRUE POINT OF BEGINNING.
THE NORTHWESTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00
OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15"01'45", AN ARC DISTANCE OF
NORTH 48"41'48" WEST; THENCE LEAVING SAID CURVE AND SAID RIGHT-OF-WAY,
SEE EXHIBIT "BI' ATTACHED HERETO.
JORGE H. PALACIOS, RCE 3203 1
-
1 SCALE: 7”=80’
ABANDONMENT OF WA TERllNE EASEMENT PLA T
0
STATE OF CALIFORNIA 1
COUNTY OF
On before me, DATE NAME AND TITLE OF OFFICER
personally appeared
NAME(S) OF SIGNER(S)
0 personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SlGNATURE OF NOTARY
(This.area for official notary seal.)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
1 I
CMWD 97-276
06/14/95 Rev.