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Home My WebLink About1999-02-09; Municipal Water District; 434; Poinsettia Shores Quitclaim Deedt. , a 8 tE % f . . p 2 9 is CARLSBAD.MUNICIPAL WATER DISTRICT - AGENI I 4B# s TITLE: APPROVAL AND EXECUTION OF A MTG. --- 02-09-99 QUITCLAIM DEED OF A WATER PIPELINE EASEMENT OVER A PORTION OF LOT 8, POINSETTIA IEPT. CMWD SHORES AREA “D”, CMWD PROJECT NO. 94-510 RECOMMENDED ACTION: CITY MGR. Adopt Resolution No. /OY~ for approval and execution of a quitclaim deed of a water pipeline easement over a portion of lot 8, Poinsettia Shores Area “D”, CMWD Project No. 94- 510. ITEM EXPLANATION: This item is a request of WL Homes, LLC and Watt Residential Partners, owners of Lot 8, Poinsettia Shores Area “D” located at the N. E. Corner of Railroad and Avenida Encinas. The owners have requested that the portion of a water easement granted to Carlsbad Municipal Water District recorded November 6, 1958 as Document No. 185618 in Book 7338, Page 303, O.R. which crosses over a portion of their property Lot 8, Poinsettia Shores Area “D” should be quitclaimed to them since it no longer contains pipelines or is not necessary. The engineering staff has reviewed the request and concurs with the owner’s contention that the water pipeline has concurrently and adequately been provided for within the public right-of- way. Therefor, the District is in agreement with the owner that the original pipeline easement granted to the District can be quitclaimed to the owner. FISCAL IMPACT: This item has no fiscal impact. The original easement was granted to the District at a no cost acquisition of the property, and the District will quitclaim the easement for a no cost return of the property. The owner will pay the standard $200 fee for processing of a quitclaim. ENVIRONMENTAL REVIEW: This item is exempt in accordance with Section 10561 Section (b)(3) Review for Exemption. The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. EXHIBITS: 1. Location Map. 2. Quitclaim Deed. 3. Resolution No. 10 q3 for approval and execution of a quitclaim deed of a .water pipeline easement over a portion of lot 8, Poinsettia Shores Area “D”, CMWD Project No. 94-510. a- l - RECORDING REQUESTED BY WL HOMES, LLC and WATT RESIDENTIAL PARTNERS AND WHEN RECORDED, PLEASE MAIL TO: WL Homes LLC-Inland Empire Division 10737 Laurel Street, Suite 280 Ranch0 Cucamonga, California 91730 MAIL TAX STATEMENTS TO: WL Homes LLC-Inland Empire Division 10737 Laurel Street, Suite 280 Ranch0 Cucamonga, California 91730 Space above this line for Recorder’s Use. The undersigned grantor(s) declare(s): Assessor’s Parcel No. 216-51 O-06 Documentary transfer tax is $ 00.0 Project No. & Name Lot 8. Poinsettia Shores Area “D”. ( ) computed on full value of property conveyed, or N.E. Corner Railroad and Avenida Encinas ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and CARLSBAD MUNICIPAL TER DISTRICT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. / WILLIAM E. PLUMMER, P.E., District Engineer QUITCLAIM DEED CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to WL HOMES. LLC. a Delaware limited liabilitv company and WATT RESIDENTIAL PARTNERS, a California aeneral partnershio 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 =b+ Ia w 19~,at Carlsbad, Califomi& ’ NICIPAL WATER ATTEST: LlliLzLRQe . ALETHA L. RAUTENKRANZ, Secretary APPROVED AS TO FORM: RONm BALL, GENERAL COUEL BY (Notarial acknowl:dgement of execution of Grantor must be attached.) 1 1 O/29/98 Rev. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO 1 On February 16, 1999 before me, Karen R. Kundtz, Assistant City Clerk of the City of Carlsbad, personally appeared Claude A. Lewis, President and Aletha L. Rautenkranz, Secretary, CMWD I personally known to me (432 ylm LU d haEis-& Glen-se) to be the person(s) whose name(s) ware subscribed to the within instrument and acknowledged to me that -h&she/they executed the same in-/their authorized capacity(ies), and that by W/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. &!iizikw-- City of'carlsbai (SEAL) OCTOBER 27, 1998 J.N. : 98-0900 EXHIBIT "A" QUITCLAIM WATER EASEMENT THAT PORTION OF THE EXISTING 20' WATER EASEMENT GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED NOVEMBER 6, 1958 IN BOOK 7338, PAGE 303 OF OFFICIAL RECORDS, LYING WITHIN LOT 8 OF MAP NO..13181 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JANUARY 26, 1995 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: -a BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8 OF MAP NO. 13181, THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 8 SOUTH 21OO8'29" EAST 118.84 FEET'TO A POINT ON THE NORTH LINE OF SAID WATER EASEMENT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTH LINE, NORTH 89O53'36" EAST 192.85 FEET TO .A POINT ON THE EAST LINE OF SAID LOT 8; THENCE ALONG SAID EAST LINE, SOUTH 21OO8'29" EAST 21.43 FEET TO A POINT ON THE SOUTH LINE OF SAID WATER EASEMENT; THENCE ALONG SAID SOUTH LINE, SOUTH 89'53'36" WEST 192.85 FEET TO A POINT ON THE WEST LINE OF SAID LOT 8; THENCE ALONG SAID BOUNDARY NORTH 21OO8'29" WEST 21.43 FEET TO THE TRUE POINT OF BEGINNING. AREA = 3857 SQUARE FEET - IrHE Btsi!s CkF 6itimGs FOR IMS mr 1s l7fE h&W #fmEYEHY iNi!- OF LOT 8 of AW ~3~81. LLI Ak?h%H Zf*LW’9- lE3-X ro BE tx.mL4!MED XSZ ID’ PACiW llU=WV’ 1 lr.mxMY LTas!Mw EC 12-2-54 IN K 5155 PC 4.5x OR EM% ACES & GEA! U?RflY LAS-MWT fER MN? I3616 ME4 ID S WITCCWMZD -- am &+fsiuENr uvis ma ior us M--B *II-W-~ *lblsdma :n RE9Dl.wMi FHmms . , 7.7 LAURn Sl, SE 280 ASP& 216-510-06 AC40 C-N. a - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 1043 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD, CALIFORNIA FOR APPROVAL AND EXECUTION OF A QUITCLAIM DEED OF A WATER PIPELINE EASEMENT OVER A PORTION OF LOT 8, POINSETTIA SHORES AREA “D”, CMWD PROJECT NO. 94-510 WHEREAS, WL Homes, LLC and Watt Residential Partners, owners of Lot 8, Poinsettia Shores Area “D”, have submitted a request for approval and execution of a quitclaim deed of a portion of a water pipeline easement granted to Carlsbad Municipal Water District recorded November 6, 1958 as Document No. 185618 in Book 7338, Page 303, O.R., which crosses over a portion of Lot 8, Poinsettia Shores Area “D”, CMWD Project No. 94-510, located at the N.E. corner of Railroad and Avenida Encinas for pipeline purposes, since the water pipeline was moved into the public right-of-way and will no longer be necessary, because the water pipeline has concurrently and adequately been provided for within the public right-of-way; and WHEREAS, THE Board of Director 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 Lot 8, Poinsettia Shores Area I‘D”, CMWD Project No. 94-510, located at the N.E. corner Railroad and Avenida Encinas granted to the Carlsbad Municipal Water District, no longer contains water system facilities and will no longer be necessary, which is on file with the Secretary and is incorporated by this reference, is approved. Ill ill 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 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 original owner 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 Board of Directors of the Carlsbad Municipal Water District held on the 9th day of February , 19 99 , by the following vote to wit: AYES: Board Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None ABSENT: None Al-l-EST: ALETHA L. RAUTENKRANZ, Secretar$ (SEAL) CMWD 94-510 - WRITE IT - DON’T SAY IT! Date February 16 19 99 To Sandy Schuck - ENG/CMWD 0 Reply Wanted From Kathleen Shoup - Clerk's XXZNo Reply Necessary Enclosed is the original quitclaim deed to WL Homes LLC of a pipeline easement over a portion of Lot 8, Poinsettia Shores Area "D"; CMWD project number 94-510. It has been fully executed and is ready for final processing. If you have any questions please call me. EXT 5106