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HomeMy WebLinkAbout1990-05-08; Municipal Water District; 018; Quitclaim Offer for Waterline Easement Carlsbad Tract 85-19 Meadowlands Subdivision. 4 .3 GMWD - -AGENDA BILL a iB# Q/8 TITLE: MTG.~&!& QUITCLAIM OF AN OFFER OF DEDICATION FOR A IEPT. . WATERLINE EASEMENT OVER CARLSBAD TRACT 85-19 (MEADOWLANDS SUBDIVISION) RECC)MMENDED ACTION: Adopt Resolution No. -EL--- quitclaiming an offer of dedication for two waterline easements over Carlsbad Tract 85-19 (Meadowlands Subdivision). ITEM EXPLANATION This item is a request by the owners of Carlsbad Tract 85-19 (Meadowlands Subdivision) to quitclaim an offer of dedication for two waterline easements as they affect the above mentioned proposed subdivision. The .Engineering staff has reviewed the request and concurs with the owners contention. These easements will no longer be necessary once the proposed map records. The existing facilities within the easements will remain and will fall within public streets or new easements dedicated on said map. The water facilities within the easements belong to the Vallecitos Water District therefore proposed easements will be granted to them. We have a letter on file from Vallecitos Water District giving permission to abandon the easements with the understanding that new easements will be granted to Vallecitos Water District concurrent with the recordation of the final map and abandonment of the above described easements FISCAL IMPACT: None EXHIBITS 1. Location Map 2. Quitclaim Deed 3. Resolution No. 660 B----m quitclaiming an offer of dedication for two waterline easements over Carlsbad Tract 85-19 (Meadowlands Subdivision). CMWD 7127 _- WCIMTY MAP NO SCALE Waterline Easements Location Carlsbad Tract 85-19 (Meadowlands Subdivision) DATE: PROJECT NO.: 7127 LOCATION: East Side of Intersection of Alga Rd. & Melrose Dr. ikITE IT - DON’T SAY-k! Date 5/10 19 90 To Sandy - CMWD 0 Reply Wanted From Karen - City Clerk's Office IXlNo Reply Necessary Re: Quitclaim of Offer of Dedication for Waterline Easements - CT 85-19 - Meadowlands Enclosed are the two original quitclaims which were approved by the Water Board at its meeting of May 8, 1990. The documents are fully executed, and I am returning them to you so that you can have them recorded. AIGNER FORM NO. 55-032 PRlNTED IN USA . I’ RECORDING REDUESTED BY CAL 4189 Joint Venture AND WHEN RECOROED MAILTO r 1 NAME Carlsbad Municipal Water District :$& 5950 El Camino Real CITY. STATE Carlsbad, California 92008 SPACE ABOVE THIS LINE FOR RECORDER’S USE . r PLEASE RECOkDTHIS DOCUMENT AT bla FEE AS IT IS TO THE BENEFIT OF-THIS DISTRICT (GOV. 'CODE [6103]). TitleOrderNo. goog52-14 Escrow No. QUITCLAIM DEED CORPORATION DOCUMENTARY TRANSFER TAX $ No fee Cl computed on full value of property conveyed, or Cl computed on full value less liens and encumbrances remaining at time of sale. C.M.W.D. CARLSBAD MUNICIPAL WATER DISTRICT, a water district, organized and existing under the Municipal Water Act of 1911 a Corporation duly organized and existing under and by virtue of the laws of the State of California with its principal place of business located at 5950 El Camino Real City of Carlsbad , County of San Diego 1 State of California for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and forever quitclaim to CAL 4189, JOINT VENTURE, a California general partnership whose sole partners are K/W Realty Group Limited Partnership, a Delaware limited partnership and Reilly Homes, a California limited partnership, each holding a 50% interest therein the following described real property in the City of Carlsbad County of San Diego , State of California: Property Description of Exhibit "A" Attached. Assessor’s parcel No. 222-160-41 Executed on May 9, , 19 90 at -9 Carlsbad, California President. ALETHA L. STATE OF CALIFORNIA > ss. COUNTY OF San Diego On this 10th day of , in the year 1990, May before me, the undersigned, a Notary Public in and for said State, personally appeared L Claude A. Lewis and xxxxxxxxxxxxxxxxxx Aletha L. Rautenkranz , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed Ihe within instrument as xxxxxxxxxxxxxxxxxx President and XXXXXXXXXXXXXXXXXXX Secretary, respectively, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. SANOlEQOCOUNPl MAIL TAX STATEMENTS TO NAME ADDRESS LIP Llttn OLIIICLAIM-CORPORAlION lhls slandard lorm IS mtended lor Ihe lypcal SIIual10nS encounlered I” Ihe held lndmted However. below you slg” read II IIll I” ail blanks. WOLLOIlS IUHM iBB-fQV 984 and make whnlewr changes are approprmle and necessary 10 your palbcular t~dnsacbon Consull a lawyer II you doubl the IOlm 5 I~lnesSIol (’ 1 liltld WOlCOf IS. INC IpllCeClaSs 3) your purpose and use CMWD 7127 PARCEL ,"A": EXHIBIT “A” LEGAL DESCRIPTION BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE MERIDIAN, ACCORDING THE OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN .DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: . BEGINNING AT THE CENTERLINE INTERSECTION OF MELROSE DRIVE PER ROAD EASEMENT GRANTED PER DOCUMENT RECORDED MARCH 1, 1982 AS FILE/PAGE NO. 82-054926 AND THE CENTERLINE .OF ALGA ROAD PER EASEMENT OF RIGHT-OF-WAY GRANTED PER DOCUMENT RECORDED FEBRUARY 5, 1973 AS FILE/PAGE NO. 73-031956, ALL OF OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF THE AFORESAID MELROSE DRIVE, NORTH 17" 50' 05" WEST 51.00 FEET, (SOUTH 17" 50' 30" EAST PER SAID DOCUMENT 82-054926), TO THE NORTHERLY RIGHT-OF-WAY OF SAID ALGA ROAD; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY, NORTH 72" 09' 30" EAST 585.23 FEET TO A POINT ON THE ARC OF A NON-TANGENT 170.00 RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL BEARS SOUTH 42' 16' 27" WEST, (SOUTH 42" 08' 02" WEST PER SAID DOCUMENT 73-031956), SAID POINT ALSO BEING ON THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE MEADOWLARK COMMUNITY CHURCH BY DEED RECORDED AUGUST 24, 1964 AS FILE PAGE _, NO. 153259, SERIES 5, BOOK 1964 OF SAID OFFICIAL RECORDS; THENCE SOUTHERLY ALONG THE BOUNDARY OF SAID PARCEL OF LAND AND THE ARC OF THE AFOREMENTIONED 170.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 07" 07'. 56" A DISTANCE OF 21.16 FEET, (07' 00' 46" A DISTANCE OF 20.81 FEET PER SAID DOCUMENT'73-031956); THENCE SOUTH 54' 52' 56" EAST 49.98 FEET, (SOUTH 55' 20' 48" EAST 50.00 FEET PER SAID DOCUMENT 73-031956), TO A POINT ON THE ARC OF A NON-TANGENT 230.00 RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL BEARS SOUTH 35" 09' 07" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12' 53' 27" A DISTANCE OF 51.75 FEET, (12' 53' 27"' A DISTANCE OF 52.08 FEET PER SAID DOCUMENT 73- 031956), SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY OF SAID ALGA'ROAD; THENCE LEAVING SAID 230.00 RADIUS CURVE AND, THE WESTERLY BOUNDARY OF SAID COMMUNITY CHURCH, ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID ALGA ROAD SOUTH 72' 09' 55" WEST 653.26 FEET, (SOUTH 72" 09' 30" WEST PER SAID DOCUMENT 73-031956), TO THE CENTERLINE OF AFORESAID MELROSE DRIVE; THENCE LEAVING SAID RIGHT- OF-WAY, ALONG SAID CENTERLINE NORTH 17" 50' 05" WEST 51.09 FEET, (SOUTH 17' 50' 30' EAST PER SAID DOCUMENT 82-054926), TO THE TRUE POINT OF BEGINNING. CONTAINS 1.454 ACRES (MORE OF LESS). THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT "B" ATTACHED HERE*0 AND MADE A PART OF THIS LEGAL DESCRIPTION, WAS PREPARED BY ME OR UNDER MY DIRECTION. BY: MANUEL E. NIETO R.C.E. 30724 / DATE REGISTRATION EXPIRES: 03-31-92 / i Gt/AL JN. 8018.031 11-20-89 Prepared in the c “xe ol ChPh Engineering, Inc. SCALE IN FEET Consulting Engineers 225 Broadway Suife 700 Planners San Diego, CA 92101 Surveyors Telephone (619) 237-0722 PLAT TO ACCOMPANY . ,. :. LEGAL DESCRIPTION c ‘, ,..... /N~/~7TES PrR m. /w-d FLfB. 5,/973 AS f/P/%@. 73-03/95G,o.8.. IT.7 . . . . . . . /~o/c4 T&S PET P?OPUSKD c7RL/5BA 0 x44c7 85-/P -&?E4Lk9Wal/vo5. EXHlBlf “B” SAN hMRCcIs V/C/N/7?’ hf.4 f’ No SCALE PRDpDsL;D .00UNMY - f GIRL%340 7X4CT85-/9 \ MEALUWLAND5 . PLEASE R&0RD THIS DOCUMENT AT 9 FEE AS IT Is TO THE BENEFIT OF-THIS DISTRICT (‘Gov. LODE [61 !j$gv!cfffBrn -!mwf/f%m _ .Ni\LwflIa RECORDING REOUESTED BY CAL 4189 Joint Venture AND WHEN RECORDED MAIL TO r 1 NAMtCarlSbad Municipal Water District i:,& 5950 El Camino Real CIIY. STATE Carlsbad, California 92008 ZIP L T~lleOrderNa. goog52-14 Escrow No. SPACE ABOVE THIS LINE FOR RECORDER’S USE QUITCLAIM DEED CORPORATION DOCUMENTARY TRANSFER TAX $ No fee Cl computed on full value of property conveyed, or 0 computed on full value less liens and encumbrances remaining at time of sale. C.M.W.D. CARLSBAD MUNICIPAL WATER DISTRICT, a water district, organized and existing under the Municipal Wat,er Act of 1911 a Corporatton duly orgamzed and exrstmg under and by virtue of the laws of the State of California with its principal place of business located at 5950 El Camino Real City of Carlsbad , County of San Dieqo , State Of California for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and forever quitclaim to CAL 4189 JOINT VENTURE, a California general partnership whose sole partners are K/W Realty Group Limited Partnership, a Delaware limited partnership and Rielly thH”i”ofio”v;ing described real property in the City of a California limited partnershi Hn each holding a 50% interest therein Car sbad County of San Diego , State of California: Property Description of Exhibit "A" Attached. Assessor’s parcel No. 222-160-41 Executed on May 9 , 1990, at Carlsbad, California lclly and Stare) STATE OF CALIFORNIA COUNTY OF San Diego > ss On this 10th day of May , in the year 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared xxxxxxxxxxxxxxxxxxxxxxxxxx Claude A. Lewis and xxxxxxxxxxxxxxxxx Aletha L. Rautenkranz , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as xxxxxxxxxxxxxxxxxxx president and XXXXXXXXXXXXXXXXXX Secretary, respectively, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant lo its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. MAfL TAX STATEMENTS TO ULtO-OUIICLAIM-CORPORATION WOLCOIIS fOHM IBe-Rev 9 84 (i! PXl4 WOLCOIIS. INC (prlCeClaS5 3) NAME ADDRESS ZIP lhls standard form IS mlended Ior Ihe lyplcal ~IIuat~onS encountered I” Ihe fleld lndlcaled However. below yo” sign read II I111 I” all blanks and make whatever changes ate approprlale and necessary 10 your parbcular llansacbon Consull a lawyer 11 you doubt Ihe lorm 5 hlness 101 your purpose and use CMWD 7127 . EXHIBIT "A" LEGAL DESCRIPTION PARCEL "A": BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: A STRIP OF LAND 60.00 FEET IN WIDTH, LYING 30.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THE CENTERLINE OF VIREO STREET AS SHOWN OF MAP OF MEADOWLARK NO. 1, MAP NO. 4443, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 51" 34' 01" WEST 85.27 FEET, (NORTH 51" 30' 53" EAST 85.39 FEET PER DOCUMENT FILED APRIL 19, 1973 AS FILE/PAGE NO. 73-103307 OF OFFICIAL RECORDS), TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25" 11' 24' A DISTANCE OF 131.89 FEET, (25" 14' 07' A DISTANCE OF 132.13 FEET PER SAID DOCUMENT 73- 103307); THENCE TANGENT TO SAID CURVE SOUTH 76' 45'25' WEST 22.06 FEET, (NORTH 76' 45' 00" EAST 21.53 FEET PER SAID DOCUMENT 73- 103307); THENCE SOUTH 17" 50' 05" EAST 177.76 FEET, (NORTH 17" 50' 30" WEST PER SAID DOCUMENT 73-103307), TO THE NORTHERLY RIGHT-OF-WAY LINE OF ALGA ROAD PER DOCUMENT RECORDED FEBRUARY 5, 1973 AS FILE/PAGE NO. 73-031956 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY. CONTAINS 0.574 ACRES (MORE OF LESS). THIS LEGAL DESCRIPTION (EXHIBIT "A") AND A SKETCH LABELED EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION, WAS MANUEL E. NIETO R.C.E. 30724 REGISTRATION EXPIRES: 03-31-92 / gft/AL JN. 8018.031 11-20-89 A h Preoared in lhr :e ot 50 c 50 I 0 p SCALE IN FEET Church Engheering, Inc Consulting Engineers 225 Broadway Suite 70 San Diego, CA 92101 Rlephone (619) 23747 ‘PLAT TO AC&dPANY LEGAL DESCRIPTION I EXHIBIT “B’ S.m him5 L&GEivD: ‘7,;; ET;1 /ND/c4 TE.5 PW?C,CL ‘A - CO.5 74 A CRES) a //VD/C4 TES PER LWC. U&C A P/5’. /9, /973 t4 s f-/p/VC! 73-/03307,0 8.. WC//v/+ hIA f’ r.Q SCALE . SAN H*rCtm * . I > 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 660 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT APPROVING THE EXECUTION OF TWO DEEDS CONVEYING TWO WATERLINE EASEMENTS TO CAL 4189 JOINT VENTURE ACROSS A PORTION OF CARLSBAD TRACT 85-19 (MEADOWLANDS SUBDIVISION) WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it to be in the public interest to quitclaim said easements: 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 Grant Deeds conveying two easements for waterline purposes to CAL 4189 JOINT VENTURE, a California general partnership whose sole partners are K/W Realty Group Limited Partnership, a Delaware limited partnership and Rielly Homes, a California limited partnership, each holding a 50% interest therein, which is on file with the Carlsbad Municipal Water District and is incorporated by this reference; is approved. 3. That the President and the Secretary are authorized to /// /// /// /// /// /// /// '// , \ 1 2 .._ _ 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 2.8 19 20 21 22 23 24 25 26 27 28 _- execute the deeds and cause the original deeds to be recorded in the Office of the County Recorder of San Diego County, State of California which will be returned to CAL 4189 JOINT VENTURE following recordation. PASSED, APPROVED AND ADOPTED at the regular meeting of the Carlsbad Municipal Water District held on the 8th day of May I 1990 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Mamaux and Larson NOES: None ABSENT: Board Member Pettine ATTEST: ALETHA L. RAUTE$KRANZ, Secretbry (SEAL) CMWD 7127