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Home My WebLink About1994-07-12; Municipal Water District; 253; Quitclaim of a Water Line Easementt . .w& CARLSBAD e”‘JNICIPAL WATER DISTRICT .1 AGENDA BILL Y’ ABx 9.53 TITLE: ~ QUITCLAIM OF A WATER LINE EASEMENT MTG. 7/12/94 OVER A PORTION OF PARCEL 2 OF PARCEL DEPT. CMWD MAP NO. 1310, CARLSBAD DISTRIBUTION CENTER, CMWD PROJECT NO. 91-C.383 ’ DEPT. HD. CITY ATTY - CITY MGR. +I/ RECOMMENDED ACTION: Adopt Resolution No. @I quitclaiming an easement granted to the Carlsbad Municipal Water District for water line purposes over a portion of Parcel 2 of Parcel Map No. 1310, Carlsbad Distribution Center, CMWD Project No. 91 -C.383. ITEM EXPLANATION: This item is a request of the owner of Parcel 2 of Parcel Map No. 1310, Carlsbad Distribution Center, CMWD Project No. 91-C.383, to quitclaim an easement for water line purposes no longer required located south of Palomar Airport Road on the east side of Avenida Encinas. The Engineering staff has reviewed the request and concurs with the owner’s contention. The easement will no longer be necessary as it no longer contains water system facilities. FISCAL IMPACT: None EXHIBITS: 1. Location Map. 2. Quitclaim Deed 3. Resolution No. % j quitclaiming an easement granted to the Carlsbad Municipal Water District for water line purposes over a portion of Parcel 2 of Parcel Map No. 1310, Carlsbad Distribution Center, CMWD Project No. 91-C.383. CMWD 91 -C.383 _ . . ,“., -, ..,. EASEMENT TO QUITCLAIMED BE < ri a 0 i-7 .L J i-7 I I LJ -- - AVENDA ENCINAS VICINITY MAP NO SCALE m z . 0 .- .z I \ P v, PROJECT NAME C.M.W.D. 91-C.383 CARLSBAD DISTRIBUTION CENTER PRoNJoECT PD-408 EXHIBIT 9101 oEx7 g/25/92 PLEASE RECORD THIS DOCUM.. r’ AT NO FEE AS IT IS TO THE BENEFIT OF THI:: STRICT (GOV. CODE 56103). RECORDING REQUESTED BY JMB Industrial Properties Fund II AND WHEN RECOAOED MAIL TO r 1 Name CARLSBAD MUNICIPAL WATER DISTRICT Street Address 5950 EL CAMINO REAL City, State CARLSBAD, CALIFORNIA Zip 92008 L J Space Above this Line for Recorder’s Use Assessor’s Parcel No. 21 l-030-27 CMWD Project No. 91-c.363 QUITCLAIM DEED DOCUMENTARY TRANSFER TAX $ -O- 0 computed on full value of property conveyed, or 0 computed on full value less liens and encumbrances remaining at time of sale. CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to JMB iNDUSTRlAL PROPERTIES FUND II, a California Limited Partnership, all right, title and inlerest in the property described in Exhibits ‘A’ &. ‘B’, consisting of two (2) page(s), which is(are) attached hereto and made a pa Executed on July 14 at Carlsbad, California. I 19& ATTEST: State of California County of California 1 i so. I -- istant Secretary On 7/14/g4 before me, Randee Ilarlib personally appeared Claude A. Lewis and Karen R. Kundtz --------------- x personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) s/are subscribed to the within instrument and acknowledged to me that httMTe/they executed the same irrhfs/her/their authorized capacity(ies), and that by hieIber/their signature(s) on the instrument the person(s), or __.._-_ . ..( -<y w--<?.i. -. 1.1. IreYe . -j;--. the entity upon behalf of which the person(s) acted, executed the instrument. OFFiClAL SEAL. RANDliE HARLIB Notay PuMiC-COllfomlO SAN CtE60 COUNTY My Comn-&slon Expires February 20. 1995 IGNATURE OF NOTARY 5/19/94 Rev. EXHIBIT “A” LEGAL DESCRIPTION OF WATER EASEMENT TO BE QUITCLAIMED ALL OF THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 1310, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY ON FEBRUARY 16, 1973 AS FILE NO. 73- 04261 9, BEING A PORTION OF EASEMENT #2 OF A PUBLIC WATER MAIN EASEMENT TO THE CITY OF CARLSBAD RECORDED JULY 12,1974 AS FILE NO. 74-187294, ALL OF OFFICIAL RECORDS. A STRIP OF LAND BEING 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2 OF SAID PARCEL MAP, THENCE SOUTHEASTERLY ALONG A 2735.79 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, THROUGH A CENTRAL ANGLE OF 00”09’26”, AN ARC DISTANCE OF 7.51 FEET TO THE BEGINNING OF SAID EASEMENT #2; THENCE ALONG THE CENTERLINE OF SAID EASEMENT #2 NORTH 59’30’33” EAST (REC NORTH 59’30’41” EAST), 242.00 FEET TO THE TRUE POINT OF BEGINNING. THENCE ALONG SAID CENTERLINE SOUTH 75’29’27” EAST (REC SOUTH 75’29’19” EAST), 261.00 FEET; THENCE CONTINUING NORTH 14’30’33” EAST (REC NORTH 14”30’41” EAST), 35.00 FEET TO A POINT OF TERMINATION, EXCEPTING THERE FROM ALL THOSE PORTIONS OF AN EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED DECEMBER 30, 1993 AS FILE NO. 1993- 0886346. CMWD 91 -C.383 iv- N’LY UNE PCL 2 I / ( ) PER MAP 1310 < > PER ESMT. REC 7/12/74 J..Av - & AS DOC 74-1872iI4 b.R. AU RECORD BOUNDARY DATA PER ALTA SURVEY BY PATRICK O’DAY RCE 27214 SIGNED 7/15/91 N3029’27-W 139.72 (N3029’19’W 139.84) / TPOB -‘%’ EXIST, ESMT #2 - CL 15’ PUB U-IL ESMT A REC JULY 12, 1974 DOC ROTA co 4-l 87294,‘ O.R. ccw o-o 08’ TO FlT BNDY PER A.LT.A. sg 2 54 f .w ‘i ii -0 8 PaI p V . VICINITY MAP I NO SCALE 9 I m A=OO’O9’26’ :=;72579 TI3.?6 L-l ml’ k18k.79 AVENIDA ENCINAS MOST WLY COR PCL 2 PROJECT NAME C.M.W.D. Q-l-C.383 PRCIJoECT EXHIWT CARLSBAD DISTRIBUTION CENTER pD-408 B 9101 OEX6 g/25/92 5 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 RESOLUTION NO. 881 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT FOR APPROVAL AND EXECUTION OF A QUIT CLAIM DEED FOR WATER LINE PURPOSES OVER A PORTION OF PARCEL 2 OF PARCEL MAP NO. 1310, CARLSBAD DISTRIBUTION CENTER, CMWD PROJECT 914.383 WHEREAS, JMB Industrial Properties Fund II, property owner, has submitted a request for quitclaim of an easement for water line purposes no longer required as it no longer contains water system facilities over a portion of Parcel 2 of Parcel Map No. 1310, Carlsbad Distribution Center, CMWD 1 Project No. 914.383; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it to be in the public interest to quitclaim said easement; 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 line easement over a portion of Parcel 2 of Parcel Map No. 1310, Carlsbad Distribution Center, CMWD Project No. 91 -C3B3 which is on file with the Secretary and is incorporated by this reference; is approved. Ill Ill Ill Ill Ill I// Ill Ill Ill Ill ill 1 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 3. That the president and the secretary are authorized to execute the deed, and the secretary is hereby authorized to cause the original deed to be recorded in the Office of the County Recorder of San Diego County, State of California, which will be returned to JMB Industrial Properties II following recordation. PASSED, APPROVED AND ADOPTED at a special meeting of the Car&bad Municipal Water District held on the 12th day of JULY , 19& by the following vote, to wit: AYES: Board Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None All-EST: tw tant Secretary CMWD 91-c.383 2