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Home My WebLink About1997-04-08; Municipal Water District; 362; Quitclaim of a Water Line EasementQ 9 0 f CARLSBAD MUNICIPAL WATER DISTRICT - AGENI I r\B# 31i, z MTG. 04/08/97 DEPT. CMWD TITLE: QUITCLAIM OF A WATER LINE EASEMENT FOR CARLSBAD RANCH UNIT 2, CARLSBAD TRACT 94-09-2, CMWD PROJECT NO. 96-522 & CARLSBAD RANCH UNIT 3, CARLSBAD TRACT 94-09-3, CMWD PROJECT NO. 94-504 RECOMMENDED ACTION: ,fqw-- iA BILL I DEPT. HD. u(c CITY ATTY. CITY MGR. $‘- Adopt Resolution’hjr$kclaim of a water line easement for Carlsbad Ranch Unit 2, Carlsbad Tract 94-09-2, CMWD Project No. 96-522, and Carlsbad Ranch Unit 3, Carlsbad Tract 94-09-3, CMWD Project No. 94-504, granted to the Carlsbad Municipal Water District for water line purposes, located north of Palomar Airport Road along and west of Armada Drive. ITEM EXPLANATION: This item is a request of the Carlsbad Ranch Company, L.P., and Carlsbad Estate Holding, Inc., owners of the development, Carlsbad Ranch Unit 2, Carlsbad Tract 94-09-2, CMWD Project No. 96-522, and Carlsbad Ranch Unit 3, Carlsbad Tract 94-09-3, CMWD Project No. 94-504, to quitclaim an easement for water line purposes no longer required. A new location has been constructed within the right-of-way of Armada Road which replaces the old waterline original easement. 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. 931 for quitclaim of a water line easement for Carlsbad Ranch Unit 2, Carlsbad Tract 94-09-2, CMWD Project No. 96-522, and Carlsbad Ranch Unit 3, Carlsbad Tract 94-09-3, CMWD Project No. 94-504, granted to the Carlsbad Municipal Water District for water line purposes, located north of Palomar Airport Road along and west of Armada Drive. C/N OF OCEANSIDE CH-Y OF VISTA \ ’ -4-J C/N OF ENCINITAS VICINITY MAP NO SCALE HUUSAKER & ASSOCIATES SAN DIECO. INC. PLANNING - ENCINERRINC - SURYEYINC G’PLICANT : CARLTAS COMPANY 5600 AVENIM ENCINAS SUITE 100 CARLSBAD, CA 92008 (619) 431-5600 DEDICATION PlAT - CITY OF CARLSBAD PREPARED BY: PROJECT: A.P.N.: 21 l-022-02, 21 l-022-12 4 %2)&q 3-/8-t7 CJ,fW,D, 94-504 21’-‘00-04 & 2”-100-06 JOHN W. HILL, JR. L.S. 5669 EXPIRES: g/30/99 & 96-522 EXHIBIT “B” - “‘RITE IT - DON’T SAY ‘T! TO File From Isabelle Paulsen Date April 14 0 Reply Wanted q No Reply Necessary 19 97 On this date, the original Quitclaim Deed was sent to Sandy Schuck, CMWD. Council Meeting: April 8, 1997 CMWlXResolution No. 971 < 9 * RECORDING REQUESTED BY ,I Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: Carltas Development Company 5600 Avenida Encinas, Suite 100 Carlsbad, California 92008 MAIL TAX STATEMENTS TO: Carltas Development Company 5600 Avenida Encinas, Suite 100 Carlsbad, California 92008 Space above this line for Recorder’s Use. The undersigned grantor(s) declare(s): Assessor’s Parcel No. 21 l-022-02,12 21 l-l 00-04.06 Documentary transfer tax is $ 00.0 Project No. & Name 96-522. Carlsbad Ranch Unit 2, ( ) computed on full value of property conveyed, or Carlsbad Tract 94-09-2, and 94-504 Carlsbad ( ) computed on full value less value of liens and Ranch Unit 3. Carlsbad Tract 94-09-3 encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CARLSBAD MUNICIPAL WATER DISTRICT WILLIAM E. PLUMMER, P.E., District Engineer QUITCLAIM DEED CORPORATION CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Corporation, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to Carlsbad Ranch Company. L.P., a California limited Partnership and Carlsbad Estate Holdina. inc., a California corporation, as their interest appear of records all right, title and interest in the property described in Exhibits “A” & “B”, consisting of 3 page(s), which is(are) attached hereto and made a part hereof. Executed on April 11 > 1997, at Carlsbad, California ATTEST: BY l5?kb%J ALETHA L. RAUTENKRANZ. Secretary 1 01/20/97 Rev. ., ’ APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL BY (Notarial acknowledgement of execution of Grantor must be attached.) State of California County of SGZU? ?JlPO ,I On& 1 I 4497 before me, personally appeared C\a&e A. P [3/personally known to me -OR- Cl proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heJsbe/they executed the same in hi&&their authorized capacity(ies), and that by-b&her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the COMM. + 1052864 Notary Public - Califoda instrument. W-4 DIEGO COUm &mm. Expk90 MAR S.WQ WITNESS, my hand and official seal. (This area for official notary seal.) PIGNATURE OF NOTARY Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD 96-522 & 94-504 2 06/14/95 Rev. EXHIBIT “A” LEGAL DESCRIPTION QUITCLAIM OF PORTIONS OF PARCELS 1 AND 2 OF A 20.00 FOOT WIDE EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT PER DEED RECORDED MAY 15, 1961 AS FILE/PAGE NO. 83959, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: PARCEL “A” THOSE PORTlONS OF LOT 1 AND ARMADA DRlVE OF CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH UNIT 1, ACCORDING TO MAP THEREOF NO. 13357 FILED IN THE OFFICE OF THE COUNTY RECORDER DECEMBER 28, 1993 AND THAT PORTION OF LOT 14 OF CARLSBAD TRACT NO. 92-7, CARLSBAD RANCH UNIT 3, ACCORDING TO MAP THEREOF NO. 13215 FILED IN THE OFFICE OF THE COUNTY RECORDER ON JUNE 30.1995, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT ‘POINT A’ OF SAID CARLSBAD MUNICIPAL WATER DISTRICT DEED; THENCE SOUTH 23’31’43’ EAST, 554.34 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF SAID ARMADA DRIVE AND EASTERLY LINE OF LOT 14 OF SAID-MAP NO. 13215, SAID POINT BEING ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 612.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 58’10’2F EAST; THENCE CONTINUING SOUTH 23’31’43 EAST, 99.03 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18’44’45’ A DISTANCE OF 163.59 FEET; THENCE SPUTH 04’46’58’ EAST, 626.03 FEET; THENCE SOUTH 05’21’44’ WEST, 2.91 FEET TO A POINT OF TERMINUS, SAID POINT BEING A POINT ON THE SOUTHERLY BOUNDARY OF SAlD MAP NO. 13357. C.M.W.D. 94-504 & 96522 PAGE 1 OF 3 I’ . PARCEL “6” THOSE PORTIONS OF LOTS 12, 13 AND 14 AND A PORTION OF ARMADA DRIVE OF CARLSBAD TRACT NO. 92-7, CARLSBAD RANCH UNIT 3, ACCORDING TO MAP THEREOF NO. 13215, FILED IN THE OFFICE OF THE COUNTY RECORDER ON JUNE 30, 1995, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWlNG DESCRIBED CENTERLINE: BEGINNING AT POINT ‘A’ OF THE AFORESAID CARLSBAD MUNICIPAL WATER DISTRICT DEED; THENCE SOUTH 23”31’43” EAST, 554.34 FEET TO A POINT ON WESTERLY RIGHT-OF-WAY OF SAID ARMADA DRIVE, SAID POINT BEING A POINT OF TERMINUS. PARCEL “C” THOSE PORTIONS OF LOT 12 AND ARMADA DRIVE AND FLEET ROAD OF CARLSBAD TRACT NO. 92-7, CARLSBAD RANCH UNIT 3, ACCORDING TO MAP THEREOF NO. 13215, FILED IN THE OFFICE OF THE COUNTY RECORDER ON JUNE 30,1995, IN THE CITY OF CARLSBAD, COUN-IY OF SAN DIEGO, STATE OF CALIFORNIA, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWlNG DESCRIBED CENTERLINE: COMMENCING AT POINT ‘A’ OF THE AFORESAID CARLSBAD MUNICIPAL WATER DISTRICT DEED; THENCE NORTH 57”58’13’ EAST, 32.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING SOUTH 57”58’13’ WEST, 32.18 FEET; THENCE CONTINUING SOUTH 57’58’13’ WEST, 32.69 FEET; THENCE SOUTH 81”20’43” WEST, 467.00 FEET TO A POINT HEREIN DESIGNATED POINT ‘B’, SAID POINT ALSO BEING A POINT OF TERMINUS. C.M.W.D. 94-504 & 96-522 PAGE 2 OF 3 :DMS M:iLegak\l774W?tVAC.OOC wo1nc7 2Y28m QUITClAIM OF A PORTION OF A 15.00 FOOT WIDE EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT PER DEED RECORDED APRIL 4, 1994 AS FILE NO. 1994- 0272435, LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: PARCEL “D” BEING PORTIONS OF LOT 12 AND ARMADA DRIVE OF CARLSBAD TRACT NO. 92-7, CARLSBAD RANCH UNIT 3, ACCORDING TO MAP THEREOF NO. 13215 FILED IN THE OFFICE OF THE COUNTY RECORDER ON JUNE 30, 1995, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ABOVE DESCRIBED POINT ‘B”; THENCE SOUTH 81”20’43” WEST, 5.34 FEET TO THE CENTER LINE OF THE AFORESAID 15.00 FOOT WIDE EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT; THENCE SOUTH 27”41’52’ EAST, 44.64 FEET TO THE WESTERLY LINE OF SAID ARMADA DRIVE AND TRUE POINT OF BEGINNING, SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 725.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 23’34’25’ WEST; THENCE RETRACING NORTH 27”41’52’ WEST, 44.&l FEET; THENCE CONTINUING NORTH 27”41’52’ WEST, 49.52 FEET; THENCE NORTH 24”56’19’ WEST, 422.46 FEET TO THE SOUTHEASTERLY LINE OF LOT 8 OF SAID MAP NO. 13357, SAID POINT BEING A POINT OF TERMINUS. JOkN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. :DMS M:Legals\1774WAVAC.DOC wo 1774-7 2i2am C.M.W.D. 94-504 & 96-522 PAGE 3 OF 3 8A$rS Of .BE:lNCS: *E 8OiRINC oi’ N87’49’47’W ALONG ‘b SOUTHERLY 9OUNOARY Of Cmt%Ao TRACT NO. 94-09, CARLSAD RANCH, UNIT 1 AS SHOWN 7. Mf,No\. 13357 WAS USE0 AS THE BASIS OF BEARINGS FOR THIS EXHIBIT. \ c . MJ .b AA PdfA 7 F*’ ‘V \ d +‘* % (1) S 5738’13 W 32.69’ i? PG??. 1 9;~ - c;) S 81’20’43”W 467.00’ F v 3 S 2S31’4S” E 554.34’ (;‘) S 2931’43” E 99.03’ $gw +$ -9 (ii) N 2436’19” W 422.46’ 2 f 3“ r) 7 N 27’41’52” W 44.64’ (a) N 2T41.52” W 49.52’ (9) S 61’20’43” W 5.34’ \ . \ HUUSAKGR & ASSOCUTES SAN DfECn- INC. I --- -----, -. PUUNfNC - ENGINEERING - SURVEYIIYC fOl78 HVlrNN6KW.S StRRST - SAN IMmal CA .n~# . “/ (81s) 668-461~~ - ?ti (iia) 6%14%--- - --- . -~ 7Tiiziw : QUlTCis#dM l%AT - CITY OF CAF ?LSBAD 1 PREPARE0 By: 1 PROJECT: CCP.N.: 211-022-02, 211-022-12 211-100-04 a 2tr-loo-06 EXHIBIT “B” RESOLUTION NO. 971 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT FOR QUITCLAIM OF A WATER LINE EASEMENT OVER A PORTION OF CARLSBAD RANCH UNIT 2, CARLSBAD TRACT 94-09-2, CMWD PROJECT NO. 96-522 AND CARLSBAD RANCH UNIT 3, CARLSBAD TRACT 94-09-3, CMWD PROJECT NO. 94- 504, GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT FOR WATER LINE PURPOSES WHEREAS, Carlsbad Ranch Company, L.P., and Carlsbad Estate Holding, Inc., have submitted a request for a quitclaim deed of a water line easement over a portion of Carlsbad Ranch Unit 2, Carlsbad Tract 94-09-2, CMWD Project No. 96-522, and Carlsbad Ranch Unit 3, Carlsbad Tract 94-09-3, CMWD Project No. 94- 504; 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 Carlsbad Ranch Unit 2, Carlsbad Tract 94-09-2, CMWD Project No. 96-522, and Carlsbad Ranch Unit 3, Carlsbad Tract 94-09-3, CMWD Project No. 94-504, which is on file with the Secretary and is incorporated by this reference; is approved. 3. That the president is authorized to execute the quitclaim 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 Carltas Development Company, 5600 Avenida Encinas, Suite 100, . c , Carlsbad, California 92008, following recordation. PASSED, APPROVED AND ADOPTED at a special meeting of the lo 2 3 4 5 6 7 8 9 10 11 12 13 I I 14 15 16 17 18 19 I Carlsbad Municipal Water District held on the 8th day of April , WE, by the following vote, to wit: AYES: Board Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ATTEST: @d ALETHA L. RAlJtlkF\JKRANZ, Secretary ) (SEAL) 20 21 22 23 24 25 26 27 28 . CMWD 96-522 & 94-504