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Home My WebLink About1997-11-04; Municipal Water District; 393; Aviara Planning Area - Quitclaim. . m.. dI 97 P CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL 4B# w%%- TITLE: QUITCLAIM OF A WATER PIPELINE IlTG. 11104197 EASEMENT FOR AVIARA PLANNING AREA 30, UNIT 3, CARLSBAD TRACT 90-30-3, IEPT. CMWD CMWD PROJECT NO. 93-505 RECOMMENDED ACTION: DEPT. HD. A!ze CITY ATTY. MGR.g CITY Adopt Resolution No. 999 for quitclaim of a water pipeline easement for Aviara Planning Area 30, Unit 3, Carlsbad Tract 90-30-3, CMWD Project No. 93-505, granted to the Carlsbad Municipal Water District for water pipeline purposes, located on the south west side of Melodia Terrace. ITEM EXPLANATION: This item is a request of the Richmond American Homes of California, owners of the development, to quitclaim an easement for water pipeline purposes no longer necessary. The Engineering staff has reviewed the request and concurs 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. 99 9 for quitclaim of a water pipeline easement for Aviara Planning Area 30, Unit 3, Carlsbad Tract 90-30-3, granted to the Carlsbad Municipal Water District for water pipeline purposes, located on the south west side of Melodia Terrace. . 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 C RESOLUTION NO. 999 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT FOR A QUITCLAIM DEED OF WATER PIPELINE EASEMENT FOR AVIARA PLANNING AREA 30, UNIT 3, CARLSBAD TRACT 90-30-3, CMWD PROJECT NO. 93405, GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT FOR WATER PIPELINE PURPOSES WHEREAS, the owner, Richmond American Homes of California, Inc., has submitted a request for a quitclaim deed of a water pipeline easement located over a portion of Aviara Planning Area 30, Unit 3, Carlsbad Tract 90-30-3, CMWD Project No. 93-505, development; 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 pipeline easement over a portion of Aviara Planning Area 30, Unit 3, Carlsbad Tract 90-30-3, CMWD Project No. 93-505, which is on file with the Secretary and is incorporated by this reference; is approved. Iii Ill Ill Ill Ill Ill -- 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, Richmond American Homes of California, 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 4th day of November , 1997, by the following vote, to wit: AYES: Board Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ATTEST: sistant Secretary (SEAL) CMWD 93-505 . LOCATION MAP PROJECT NAME: AVIARA PLANNING AREA 30, UNIT 3 CARLSBAD TRACT 9030-3 Project No. 93-505 Exhibit No. 1 RECORDING REQUESTED BY Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: Richmond American Homes of California 104 W. Grand Avenue Escondido, California 92025 MAIL TAX STATEMENTS TO: Richmond American Homes of California 104 W. Grand Avenue Escondido, California 92025 \ The undersigned grantor(s) declare(s): ( ) computed on full value of property conveyed, or Documentary transfer tax is $ ( ) computed on full value less value of liens and 00.0 encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Space above this line for Recorder’s Use. Assessor’s Parcel No. Unit 3. Carlsbad Tract 90-30-3 215-644-l 2-00 Project No. & Name 93-505, Aviara Plannina Area 30, CARLSBAD MUNICIPAL WATER DISTRICT WILLIAM E. PLUMMER. P.E., District Engineer QUITCLAIM DEED CORPORATION CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Corppration, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to RICHMOND AMERICAN HOMES OF CALIFORNIA. a Colorado corporation all right, title and interest in the property described in Exhibits “A” & “B”, consisting of two (2) page(s), which is(are) attached hereto and made a part hereof. Executed on November 5 19 97, at Carlsbad, California I CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Corporation, BY ATTEST: KAREN R.%JNDTZ, Asbidtant Secretary 1 01/20/97 Rev. - APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL (Notarial acknowledgement of execution of Grantor must be attached.) State of California 1 1 County of San Diego I On November. l2,199&efore me, Sherrie D. Worrell, Notary Public personally appeared Claude A. Lewis •l personally known to me -OR- f3pmved-tomeonthe-bas+&&&fact~thq?erson(s)whose name# is!ere subscribed to the within instrument and acknowledged to me that he/shem executed the same in hi&e&heir authorized capacity&s), (This area for official notary seal.) and that by his+het?their signature(s) on the instrument the person& or the entity upon behalf of which the person@)-acted, executed the instrument. WITNESS, my hand and official seal. . *Qu SIGNATURE OF NOTARY I Title or Type of Document Quitclaim Deed for CT 90-30-3 Date of Document 11/5/97 No. of Pages 4 . I Signer(s) other than named above CMWD 93-505 2 06/l 4/95 Rev. . -. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On Novebber 12, 1997 before me, Sherrie D. Worrell, Notary Public 1 Date Name and Title ol Clffker (e.g., -Jane Doe, Notary Public”) personally appeared Karen R. Kundtz --------------------------------------- , Name(s) of Slgrw(s) El personally known to me - BR-~p~tamearr~basisafsatisfactaryttridenceto be the person(s) whose name@) ishe subscribed to the within instrument and acknowledged to me that h&he-executed the same in iMher9their authorized capacity(iesj, and that by hi&herftheirsignature@j on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. &QW \ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Titleor Type of Document: Quitclaim Deed for CT 90-30-3 Document Date: 11/5/97 Number of Pages: 4 Signer(s) Other Than Named Above: * Capacity(ies) Claimed by Signer(s) Signer’s Name: Cl Individual Cl Corporate Officer Title(s): 0 Partner - 0 Limited q General Cl Attorney-in-Fact •i Trustee Cl Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here Signer’s Name: Cl Individual •! Corporate Officer Title(s): 0 Partner - 0 Limited 0 General Cl Attorney-in-Fact Cl Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here Q 1994 Nathmal Notary Associatlon l 8236 Remmel Ave.. P.O. Box 7184 l Canoga Perk. CA913047184 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827 EXHIBIT ‘A’ LEGAL DESCRIPTION A 20-FOOT EASEMENT FOR WATER LINE EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT PER DOCUMENT RECORDED DECEMBER 04, 1959 IN BOOK 8027, PAGE 83, OF OFFICIAL RECORDS SITUATED WITHIN THE SUBDIVISION BOUNDARY OF THE CITY OF CARLSBAD TRACT NO. 90-30, AVIARA PLANNING AREA 30 UNIT 3 ACCORDING TO MAP THEREOF NO. 13431, AS FILED JN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DATED JUNE 9,1997 AS FILE NO. 97- 275899. THE CENTERLINE OF SAID EASEMENT IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 106, SAID POINT BEING ON THE WESTERLY BOUNDARY OF SAID AVIARA PLANNING AREA 30 UNIT 3 MAP NO. 13431; THENCE ALONG THE WESTERLY LINE OF SAID BOUNDARY 1. NORTH OO”43’34” WEST 82.26 FEET ;THENCE 2. NORTH OO”3 1’09” EAST 341.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY BOUNDARY 3. NORTH 46’22’03” EAST 224.31 FEET TO A POINT OF TERMINUS. THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED SO AS TO TERMINATE ON SAID WESTERLY BOUNDARY OF SAID MAP. PREPARED BY: P&D/CTE ENGINEERS, INC. /c9-/t-q7 DALE A. DAVIS DATE L.S. 5894 IX. EXP. 12/3 l/O0 . BA77tim - Dl?k sffm-T I OF I sH..ir I EXHIBIT ‘B’ 20’ WATER LINE EASEMENT 83 106 100’ 0’ 100’ 200’ Gt?APfW SCALE I”=100 CITY .GF CARLSBAD IRAc7’ Na $0-30 A MARA PLAN!W!@ ARGA 30 UZY7 3 I ENSl7NG 20’ WATER UNf EAS5MENT TO CAULSBAD MUNfU’AL WA ?l?FR USlRfCT PER DOCUMENT f?E’.ED DEC. 4, 1959 $ fN 0004 802;! PAGE gJ, Of O.R. L &i I .-- 92 n/\/r \ \ xl ‘p, - 1 I v I-.U.L. Iqq P&D!!c7E ENQlNEH8S L-4 IX 4M WEST ‘A’ #I-, 8UWE ~806 BAA Dmwi, CALvom 02m 93 p;’ VIifl T’EL.5 f6fOJ -80 PAX 2#-ff- + I ’ I k SUt3DiMSlOf’l BOUNDARY / . _