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Home My WebLink About1997-07-22; Municipal Water District; 376; Carlsbad Ranch - Quitclaim Deed- I . CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL _ AB# 336 QUITCLAIM DEED OF WATER PIPELINE TITLE: MTG. 07122197 EASEMENT FOR CARLSBAD RANCH UNITS 2 & 3, CARLSBAD TRACT 94-09, MAP NO. 13408, DEPT. CMWD CMWD PROJECT NOS. 94-504 & 96-522 RECOMMENDED ACTION: Adopt Resolution No. 4 8 Y for a quitclaim deed of water pipeline easement for Carlsbad Ranch Units 2 and 3, Carlsbad Tract 94-09, Map No. 13408, CMWD Project Nos. 94-504 and 96-522, granted to the Carlsbad Municipal Water District for water pipeline purposes located over a portion of Lots 17 and 18. ITEM EXPLANATION: This item is a request of the owner, Carlsbad Estate Holding, Inc., to quitclaim the waterline easement located over a portion of Lots 17 and 18. During construction of Carlsbad Tract 94- 09, the proposed pipeline was deleted, because a new alignment was selected along Hidden Valley Road for this pipeline. The Engineering staff has reviewed the request and concur with the owner’s contention that the easement will no longer be necessary, because it will not contain a water pipeline. FISCAL IMPACT: None. EXHIBITS: 1. Location Map. 2. Quitclaim Deed. 3. Resolution No. 98 Y for a quitclaim deed of water pipeline easement for Carlsbad Ranch Units 2 and 3, Carlsbad Tract 94-09, Map No. 13408, CMWD Project Nos. 94-504 and 96- 522, granted to the Carlsbad Municipal Water District for water pipeline purposes located over a portion of Lots 17 and 18. ‘-LOCATOON MAP - GIN OF OCEANSIDE He. .- cm Of SAN MARCOS HUNSAKER h ASSOCIATES SAN DIECO, INC. ‘TA 4 BASIS OF BEARINGS: THE BASIS Of BEARINGS FOR THIS PROJECT 1s THE EASTERLY LINE Of LOT 17, MAP NO. VICINITY MAP 13408. 15. NORTH 00 03’30 EAST. NO SCALE PUNNING - ENCINEERINC - SUR YE YINC lOl70 Hus~Nxaxns SrRxm - SAW DICCO. CA szizf (619) so-4500 - PAX (#fSJ 558-1414 r::\K;u)_C\ 1774\CGl\~WCfNfTT-l.DbU PPLICANT : QUiTCLAIM PLAT - CITV OF CARLSBAD 1 PREPARED BY: 1 PROJECT: XRLTAS COUI i666 AVENIM ENCINAS i.P.N.: 211-023-08 & 211-022-16 EXHIBIT “I ” - RECORDING REQUESTED BY Carlsbad Estate Holding, inc. AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Estate Holding, Inc. 5600 Avenida Encinas, Suite 1 Carlsbad, California 92008 MAIL TAX STATEMENTS TO: Carlsbad Estate Holding, Inc. 5600 Avenida Encinas, Suite 130 Carlsbad, California 92008 30 Space above this line for Recorder’s Use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ 00.0 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. Assessor’s Parcel No. 21 I-023-08 & 211-022-I 6 Project No. & Name 94-504 & 96-522, Lot 17 & 18. Carlsbad Ranch Units 2 & 3. Carlsbad Tract 94-09. Mao No. 13408 ( ) 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 ESTATE HOLDING. INC., a California corporation all right, title and interest in the property described in Exhibits “A” & “B”, consisting of 4 page(s), which is(are) attached hereto and made a part hereof. Executed on d, 4, 3 ! d 1 19u,at Carlsbad, California &d-47 , CARLSBAD MUNICIPAL WATER DISTRICT, a Municioal Corooration. BY ATTEST: BY h- ALETHA L. RAUTENKRANZ, Secretary -~- \ 1 0 1 I20197 Rev. APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL BY -- ’ > kk--“a (Notarial acknowledgement of execution of Grantor must be attached.) State of California personally appeared [7 personally known to me -OR- 0 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 he/she/they executed the same in his/her/their authorized capacity(ies), (This area for official notary seal.) SIGNATURE OF and that by his/her/their 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. Title or Type of Document Date of Document -7/.3h 7 Signer(s) other than named above \ No. of Pages ” CMWD 94-504 & 96-522 06/14/95 Rev. EXHIBIT “A” LEGAL DESCRIPTION IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, QUITCLAIM ALL OF THOSE PORTIONS OF A 20.00 FOOT WIDE EASEMENT GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT PER DOCUMENT RECORDED MAY 15, 1961 AS FILE/PAGE NO. 83959 AND 83960 OF OFFICIAL RECORDS, LYING WITHIN LOT 17 AND LOT 18 OF CITY OF CARLSBAD TRACT 94-09, CARLSBAD RANCH - UNIT 2 AND 3, ACCORDING TO MAP THEREOF NO. 13408, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON APRIL 1, 1997, THE CENTERLINE OF SAID 20.00 WIDE EASEMENT LYING 10.00 FEET AND PARALLEL BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE IN THE EASTERLY BOUNDARY OF SAID LOT 17 AS SHOWN ON MAP NO. 13408 AS NORTH OO”O3’30” EAST, 160.00 FEET; THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT 17, SOUTH 89”56’30” EAST, 103.05 FEET TO A POINT ON THE CENTERLINE OF SAID 20.00 FOOT WIDE EASEMENT AND THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID CENTERLINE, SOUTH 18”33’20” EAST (SOUTH 18’27’32”, PER DEED), 53.10 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 17; THENCE CONTINUING ALONG SAID CENTERLINE, SOUTH 18”33’20” EAST, 46.59 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 71”26’40” WEST (SOUTH 71”32’28” WEST, PER DEED), 15.69 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 17; THENCE CONTINUING ALONG SAID CENTERLINE THROUGH SAID LOT 17 AND LOT 18 THE FOLLOWlNG THREE COURSES: 1. SOUTH 71”26’40” WEST, 11.96 FEET; 2. SOUTH 52”34’09” WEST (SOUTH 52”39’57” WEST, PER DEED), 230.75 FEET; 3. SOUTH 57”58’13” WEST (SOUTH 58”04’01” WEST, PER DEED), 2047.35 FEET, TO A POINT ON THE WESTERLY LINE OF SAID LOT 18, SAID POINT LYING ON THE ARC OF A 1300.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 59”16’59” WEST, SAID POINT BEING DISTANT 233.38 FEET AS MEASURED NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A C.M.W.D. 94-504 & 96-522 PAGE 1 OF 2 .RD M \Legals\l774\07WIl .doc wo 1774-7x 719197 CENTRAL ANGLE OF 10”17’10”, FROM THE SOUTHEASTERLY TERMINUS OF SAID CURVE, SAID POINT ALSO BEING THE POINT OF TERMINUS. JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :RD M.Vegals\l774\07UiOl .doc wo 1774-7x 719197 C.M.W.D. 94-504 & 96-522 PAGE 2 OF 2 PROPERTY LINE -, N 89”56’3O”W DETAIL -’ NO SCALE /PROPERTY LINE . CENTERLINE OF 20' WIDE C.W.W.D. EASEMENT PER DOCUMENT RECORDED ON 5-15-61 AS FILE/PAGE NO. 83959 6 83960. LOT 18 CWLSBAB WANEH - UWii=S 2 & 3 MAP NO. 93408 A=io’ 17 ’ 10’ R=1300' L=233.38' WESTERLY LINE QUITCLAIM PIAT - CITY OF CARLSE3AD SHEET 1 OF 2 =PLICANT : PREPARED BY: PROJECT: 94-504 A.P.N.: 4RLTAS COMPANY 500 AVENIDA ENCINAS 7- 4-9 -l 211-023-08 6 211-022-16 llTE 100 4RLSBAD. CA 92008 L.S. 5669 C-M-W-D-d 60) 431-5600 EXPIRES: g/30/99 EXHIBIT ” B” 7 i*x ‘-74, P!b in,-- b~~A=iWNl MAF-‘ CITY OF OCEANSIDE I-1 C/N OF VI PAClFlC I , . BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PROJECT IS THE EASTERLY LINE OF LOT 17, MAP NO. 13408. I.E. NORTH 00 03’30’ EAST. GIN OF VICINITY MAP HUNSAKER % ASSOCIATES SAN DIECO. INC. PLANNING - ENGINEERING - SURVEYING 10178 HUENffEKENS STREET - SAN DIECO. CA Op121 (619) 558-4500 - PAX (619) 558-1414 f:\AUD C\ 1774\007\~fTEiVlCfNllY1.0WC NO SCALE QUITCLAIM PLAT - CITY OF CARCSBAD I PROJECT: 94-504 C.M.W.D. 8~ 96- 522 CITY OF 1N MARCOS A.P.N.: 21 l-023-08 h 21 l-022-16 EXHIBIT “B” , 1 RESOLUTION NO. 984 2 3 4 5 6 7 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT FOR A QUITCLAIM DEED OF WATER PIPELINE EASEMENT FOR CARLSBAD RANCH UNITS 2 AND 3, CARLSBAD TRACT 94-09, MAP NO. 13408, CMWD PROJECT NOS. 94-504 AND 96-522 , GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT FOR WATER PIPELINE PURPOSES LOCATED OVER A PORTION OF LOTS 17 AND 18. a WHEREAS, the owner, Carlsbad Estate Holding, Inc., has submitted a 9 request for a quitclaim deed of a water pipeline easement located over a portion of 10 11 Lots 17 and 18, a part of the Carlsbad Ranch Unit 2 and 3 development; and 12 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District 13 14 15 16 17 ia 19 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 pipeline easement over a 20 portion of Lots 17 and 18 of Carlsbad Ranch Units 2 and 3, Carlsbad Tract 94-09, Map NO. 13408, CMWD Project Nos. 94-504 and 96-522, which is on file with the ’ 21 Secretary and is incorporated by this reference; are approved. 24 Ill 25 //I 26 JJJ 27 28 Ill . 1 ; : 4 c k 6 7 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 3. That the President is authorized to execute the quitclaim deed, and the Secretary is hereby authorized to cause the original deed to be returned to the owner, Carlsbad Estate Holding, Inc., to be recorded in the Office of the County Recorder of San Diego County, State of California. PASSED APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 22nd day of July , 1997, by the following vote, to wit: AYES: Board Members Lewis, Finnila, Nygaard, Kulchin and Hall n NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, Secretary (SEAL) CMWD 94-504 & 96-522