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Home My WebLink About2015-05-19; Municipal Water District; Resolution 15231 2 3 4 5 6 7 8 9 EXHIBIT 1 RESOLUTION NO. 1523 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT {CMWD) QUITCLAIMING A WATER LINE EASEMENT LOCATED AT 5425 AND 5445 PASEO DEL NORTE, GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE BETWEEN PALOMAR AIRPORT ROAD AND CANNON ROAD. WHEREAS, Hoehn Enterprise 2 LLC, a California Limited Liability Company, has requested to quitclaim the water easement acquired per grant deed of easement to Carlsbad Municipal Water District {CMWD), recorded on February 16, 2006 in the Office of the County Recorder of San Diego County as file No. 2006-0118580 of Official Records (Waterline Easement); and WHEREAS, the property owner has paid the standard fee for processing this quitclaim; 10 and 11 WHEREAS, said waterline easement is not required for the purpose for which it was 12 granted and is not now, nor is contemplated to be, needed for future waterline purposes and appurtenant 13 facilities. 14 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal 15 Water District {CMWD) of the City of Carlsbad, California, as follows: 16 1. That the above recitations are true and correct. 17 2. That the CMWD approves the quitclaim of the water easement, file No. 2006- 18 0118580, as described in Exhibit A of the quitclaim deed. 19 20 3. That the quitclaim deed {PR 14-52), which is on file with the Secretary and is 21 incorporated herein by this reference, is approved. 22 4. That the President is authorized to execute the quitclaim deed and the Secretary is hereby authorized to record said document. 23 24 Ill 25 Ill 26 Ill 27 28 I) ),.- 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 Special Meeting of the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 19th day of May 2015, by the following vote to wit: AYES: Board Members Hall, Blackburn, Schumacher, Wood, Packard NOES: None. ABSENT: None. MATI HALL, President ATIEST: (SEAL) RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 ----------------l'-------SPACEABOVE THIS LINE FOR RECORDER'S USE ---- QUITCLAIM DEED OF EASEMENT Assessor's Parcel No(s).: 211-060-09 The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0 (easement~ ( ) computed on full value of property conveyed, or Project 10: SOP 14-06 ( ) computed on full value less value of liens and Related Project ID(s):__,_P...:..R,_1'-'4'--'-5=2:.J...._ ___ _ encumbrances remaining at time of sale PR 14-53 DWG 485-1 COP 14-10 ) Unincorporated area: ( X ) City of Carlsbad Project Name: HOEHN AUDI Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad ("Grantor"), for a valuable consideration, the receipt and adequacy of which are hereby acknowledged, does hereby remise, release, and quitclaim to Hoehn Enterprise 2 LLC, a California Limited Liability Company ("Grantee") all right, title, and interest in the property described in Exhibit A attached hereto and made a part of hereof. Exhibit B is attached for clarity only. Executed on MQ.t ~1 2015, at Carlsbad, California GRANTOR: Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911, :~d a ~istrict of the City of Carlsbad 'MATT HALL, P1 eside1 1t !(~.~ Bl~r"" 1 MQ)'or Ptt~T~ for Prt$-cknf- Doc ER-11-06 0211612012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 5an 0; ee:f=> On Ma.y ;1J1 G)oJS before me, bJ....ficitA. T rev; o JW;e<>, .AJofaty pu.bJ: c Date Here Insert Name and Title of the Officer personally appeared _ ____..KU-fh'-""" ..... · .L:....JL__ ...... B.Llu.atltf.ru-~:!..!.r_.o~---------------- Namej8J of Signer;M- who proved to me on the basis of satisfactory evidence to be the persor}(s) whose nam~ is/.are-- subscribed to the within instrument and acknowledged to me that het.l:lelthey executed the same in hisA:leFttheif authorized capacity,(j.eS), and that by hisiheFttheH<-signature~on the instrument the perso~. or the entity upon behalf of which the persor\(8f acted, executed the instrument. I certify under PENAL TV 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 Sea/ Above Signature ~ 1-daal1i.Q R ~ ~Signature of Notary PUHC ugh this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description o ached Document Title or Type of Do Number of Pages: Signer(s) Other Than Named Abo . ____________ _ Capacity{ies) Claimed by Sign Signer's Name:--------~---~ D Corporate Officer -Title(s): ----~£._- 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fa D Trustee 0 Guardian Conservator D Other: _____ __,.,'-------- Signer Is Representi igner's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner - D Limited 0 General D Individual 0 Attorney in Fact 0 Guardian or Conservator ational Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1- EXHIBIT "A" LEGAL DESCRIPTION FOR QUITCLAIM OF PUBLIC WATER EASEMENT PR 14-52 BEING THAT CERTAIN WATERLINE EASEMENT GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED FEBRUARY 17,2006 AS DOCUMENT NO. 2006-0118580 IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AND BEING A PORTION OF LOT 3, CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 30, 1972, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 3, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF·WAY OF PASEO DEL NORTE (86.00 FEET WIDE): THENCE S.00°23'44"W. ALONG THE EASTERLY LINE OF SAID LOT 3, 96.45 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE (1) DEPARTING SAID EASTERLY LINE N.89°36'16"W., 55.00 FEET; THENCE (2) S.00°23'44"W., 5.00 FEET; THENCE (3) N.89°36'16"W., 6.17 FEET; THENCE (4) S.00°23'44"W., 10.00 FEET; THENCE (5) S.89°36'16"E., 6.17 FEET; THENCE (6) S.00°23'44"W., 260.48 FEET; THENCE (7) S.67°53'44"W., 72.49 FEET; THENCE (8) N.22°06'16"W., 11.00 FEET; THENCE (9) S.67°53'44"W., 10.00 FEET; THENCE (1 0) S.22°06'16"E., 11.00 FEET; THENCE (11) S.67°53'44"W., 23.52 FEET: THENCE (12) S.22°06'16"E., 20.00 FEET; THENCE (13) N.67°53'44"E., 107.80 FEET; THENCE (14) S.89°36'16"E., 45.69 FEET TO THE EASTERLY LINE OF SAID LOT 3; THENCE (15) N.00°23'44"E. ALONG SAID EASTERLY LINE, 20.00 FEET; THENCE (16) N.89°36'16"W, 35.00 FEET; THENCE (17) N.00°23'44"E., 253.27 FEET; THENCE (18) S.89°36'16"E, 35.00 FEET TO THE EASTERLY LINE OF SAID LOT 3; THENCE (19) N.00°23'44"E. ALONG SAID EASTERLY LINE, 20.00 FEET TO THE TRUE POINT OF BEGINNING. Daniel Rubio, Expires: 12/31/15 EXHIBIT "A" LEGAL DESCRIPTION FOR QUITCLAIM OF PUBLIC WATER EASEMENT PR 14-52 BEING THAT CERTAIN WATERLINE EASEMENT GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED FEBRUARY 17,2006 AS DOCUMENT NO. 2006-0118580 IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AND BEING A PORTION OF LOT 3, CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 30,1972, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 3, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF·WAY OF PASEO DEL NORTE (86.00 FEET WIDE): THENCE S.00°23'44"W. ALONG THE EASTERLY LINE OF SAID LOT 3, 96.45 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE (1) DEPARTING SAID EASTERLY LINE N.89°36'16"W., 55.00 FEET; THENCE (2) S.00°23'44"W., 5.00 FEET; THENCE (3) N;89°36'16"W., 6.17 FEET; THENCE (4) S.00°23'44"W., 10.00 FEET; THENCE (5) S.89°36'16"E., 6.17 FEET; THENCE (6) S.00°23'44"W., 260.48 FEET; THENCE (7) S.67°53'44"W., 72.49 FEET; THENCE (8) N.22°06'16"W., 11.00 FEET; THENCE (9) S.67°53'44"W., 10.00 FEET; THENCE (10) S.22°06'16"E., 11.00 FEET; THENCE (11) S.67°53'44"W., 23.52 FEET: THENCE (12) S.22°06'16"E., 20.00 FEET; THENCE (13) N.67°53'44"E., 107.80 FEET; THENCE (14) S.89°~6'16"E., 45.69 FEET TO THE EASTERLY LINE OF SAID LOT 3; THENCE (15) N.00°23'44"E. ALONG SAID EASTERLY LINE, 20.00 FEET; THENCE (16) N.89°36'16"W, 35.00 FEET; THENCE (17) N.00°23'44"E., 253.27 FEET; THENCE {18) S.89°36'16"E, 35.00 FEET TO THE EASTERLY LINE OF SAID LOT 3; THENCE {19) N.00°23'44"E. ALONG SAID EASTERLY LINE, 20.00 FEET TO THE TRUE POINT OF BEGINNING. Daniel Rubio, Expires: 12/31/15 PROPERTY LEGAL DESCRIPTION LOT NO. 3, CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7492. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 30, 1972. SITE BASIS OF BEARINGS CITY OF PACIFIC OCEAN THE BEARING OF S.00"23'44nW. SHOWN FOR THE CENTERLINE OF PASEO DEL NORTE AS SHOWN ON CARLSBAD TRACT NO. 72-3 (RECORDED AS MAP NO. 7492) WAS USED AS THE BASIS OF BEARING FOR THIS EASEMENT PLAT. CURRENT ADDRESS 5425 PASEO DEL NORTE CARLSBAD, CA 92008 VICINITY MAP CITY OF ENCINITAS NOT TO SCALE CITY OF VISTA DANIEL RUBIO, .L. EXP.: 12/31/15 EXHIBIT "8" aurrCLAIM PLAT-CARLSBAD MUNICIPAL WAlER DISTRICT PREPARED BY: -JONES, CAHL & ASSOCIATES CONSULTING ENGINEERS 18090 Beach Boulevard-Huntington Beach California 92648-(714) 848-0566 e-mail: jca@jonescahl.com A.P.N.: 211-060-09 PR 14-52 SHEET 1 OF 3 PROPERTY LEGAL DESCRIPTION LOT NO. J, CARLSBAD TRACT NO. 72-J, IN THE CITY OF CARLSBAD, COUNTY OF rJll SAN DIEGO, STATE OF CALIFORNIA, i()l ~ b S ACCORDING TO THE MAP THEREOF NO. ~'\0 c..~.~ 7492. FILED IN THE OFFICE OF THE )·.; COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 30, 1972. ''t.. ~r:,d:,~ ~6 \ 5425/5445 PASEO DEL NORTE APN: 211-060-09 AREA • 130,141 SO. FT. • 3.384 ACFES LOT3 CAFILSBAD TRACT NO. 72-3 MAP NO. 7492 N ·t£ ~ N. T.S. BASIS OF BEARINGS THE BEARING OF S 00'2J'44nW. SHOWN FOR THE CENTERLINE OF PASEO DEL NORTE AS SHOWN ON CARLSBAD TRACT NO. 72-3 (RECORDED AS MAP NO. 7492) WAS USED AS THE BASIS OF BEARING FOR THIS EASEMENT PLAT. CURRENT ADDRESS 5425 PASEO DEL NORTE CARLSBAD, CA 92008 EXISTING 10' WIDE GENERAL EASEMENT FOR UTILITY, SIDEWALK & LANDSCAPING PER MAP NO. 7492 AND DOCUMENTS 73-074588 AND 73-250837. EXISTING ROAD RIGHT-OF-WAY 20' WIDE PUBLIC WATER EASEMENT PER DOCUMENT 2006-0118580 TO t BE QUITCLAIMED: SEE SHEET 3 FOR ~ ~ DUAILS. ~ ~ @ I"" ~ Q~~ EXP.: 12/31/15 1/-~11~ lDATE EXHIBIT "8" OUrTCLAIU PLAT-CARLSBAD MUNICIPAL WATER DISTRICT PREPARED BY: -JONES, CAHL & ASSOCIATES CONSULTING ENGINEERS 18090 Beach Boulevard -Huntington Beach California 92648-(714) 848-0566 e-mail: jca@jonescahl.com A.P.N.: 211-060-09 PR 14-52 SHEET 2 OF 3 PROPERTY LEGAL DESCRIPTION LOT NO. 3, CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7492. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 30, 1972. COURSE UNE DATA TABLE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 BEARING N89'36'16"W 500'23'44 "W N89'36'76"W S00'23'44"W S89'36'16"E S00'23'44"W S67'53'44"W N22'06'16"W S67'53'44"W S22'06'16"E S67'53'44"W S22'06'16"E N67'53'44"E S89'36'16"E N00'23'44't N89'36'16"W N00'23'44"E S89'36'16"E N00'23'44"E DISTANCE 55.00' 5.00' 6.17' 10.00' 6.17' 260.48' 72.49' 11.00' 10.00' 11.00' 23.52' 20.00' 107.80' 45.69' 20.00' 35.00' 253.27' 35.00' 20.00' ~.~ EXP.: 12/31/15 BASIS OF BEARINGS THE BEARING OF S.00'23'4rw. SHOWN FOR THE CENTERLINE OF PASEO DEL NORTE AS SHOWN ON CARLSBAD TRACT NO. 72-3 (RECORDED AS MAP NO .. 7492) WAS USED AS THE BASIS OF BEARING FOR THIS EASEMENT PLAT. CURRENT ADDRESS 5425 PASEO DEL NORTE CARLSBAD, CA 92008 5425/5445 PASEO DEL NORTE APN: 211-060-09 AREA ... 130,141 SO. FT. -3.384 ACRES LOT3 CARLSBAD TRACT NO. 72-3 #?,Jg dATE MAP NO. 7492 EXHIBIT "8" QUITCLAIM -CARLSBAD MUNICIPAL WA TEA DISTRICT PREPARED BY: -JONES, CAHL & ASSOCIATES CONSULTING ENGINEERS 18090 Beach Boulevard -Huntington Beach California 92648-(714) 848-0566 e-mail: jca@jonescahl.com I i I I A.P.N.: 211-060-09 PR 14-52 SHEET 3 OF 3 PACIFIC OCEAN NOT TO SCALE PROJECT NAME LOCATION AGUA HEDIONDA LAGOON MAP QUITCLAIM OF WATER EASEMENT HOEHN MOTORS AUDI DEALERSHIP PLOmD BY: SCOTT £VANS PLOT DAT£:4/7/15 PATH:D: \D£mOPM£NT PRO.£CTS\PR\AUTOCAD\PRI4-52.D'IIC PROJECT NUMBER PR14-52 EXHIBIT 2