The URL can be used to link to this page

Home My WebLink About1999-03-16; Municipal Water District; 436; Poinsettia Shores Quitclaim DeedCARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL AB# q36 I I n e, , TITLE* -- ._ * us/ lb/99 -‘APPROVAL AND EXECUTION OF A QUITCLAIM MTG. _ DEED OF A WATER PIPELINE EASEMENT OVER - A PORTION OF PARCEL C, POINSETTIA SHORES, DEPT. CMWD PLANNING AREA B-l, CMWD PROJECT NO. 94-515 CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. /oqy for approval and execution of a quitclaim deed of a water pipeline easement over a portion of Parcel C, Poinsettia Shores, Planning Area B-l, CMWD Project No. 94-515. ITEM EXPLANATION: This item is a request of WL Homes, LLC, owners of Parcel C, Poinsettia Shores, Planning Area B-l located east of Carlsbad Boulevard, north of 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 Parcel “C”, Poinsettia Shores, Planning Area B-l, should be quitclaimed to them since it no longer contains a water pipeline. The engineering staff has reviewed the request and concurs with the owner 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 no cost acquisition of the property, and the District will quitclaim the easement for a no cost return of the property. The owner has paid the standard $200 fee for processing of a quitclaim. ENVIRONMENTAL REVIEW: The Planning Director has determined that this item is exempt in accordance with CEQA Guidelines Section 15061 (b)(3) (the “General Rule”). 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. 1 044 for approval and execution of a quitclaim deed of a water pipeline easement over a portion of Parcel C, Poinsettia Shores, Planning Area B-l, CMWD Project No. 94-515. LOCATION MAP -------- -----w-- \ \ NO SCALE VICINITY MAP NO SCALE PROJECT NAME: Project No. Exhibit No. PARCEL C, POINSETTIA SHORES PLANNING AREA B-l, CARLSBAD TRACT 94-08 94-515 1 RECORDING REQUESTED BY - WL HOMES LLC AND WHEN RECORDED, PLEASE MAIL TO: WL HOMES LLC 10737 Laurel Street, Suite 280 Ranch0 Cucamonga, California 91730 MAIL TAX STATEMENTS TO: WL HOMES LLC 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-09 Documentary transfer tax is $ 00.0 Project No. & Name 94-515. Parcel C. Poinsettia - ( ) computed on full value of property conveyed, or Shores, Plannina Area B-l ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and CARLSBAD MUNICIPAL WATER DISTRICT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. f p/f / ILLIAM E. PLUMMER, P.E., District Engineer QUITCLAW DEED CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 I, 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 comoanv 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. Executedon u \ 7 193,at Carlsbad, California , ATTEST: ALETHA L. RAUTENKRANZ, Secretary 1 APPROVED AS TO FORM: RONqLP R. BALL, GENERAL COUNSEL (Notarial acknowledgement of execution of Grantor must be attached.) 1 1 O/29/98 Rev. State of California personally appeared lZf$&sonally known to me -OR- q NANcYMn.lm E cotmwon#11wl 3 be the person@ whose nameM acknowledged to me that authorized capacity- the person($), or acted, executed the WITNESS, my hand and official seal. (This area for official notary seal.) Title or Type of Document Qti/-C+A <Dee d Date of Document d 99 I- c Signer(s) other than named above No. of Pages CMWD 94-515 06/l 4195 Rev. Jc AUGUST 7, 1998 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 PARCEL 'C' OF PARCEL MAP 17825 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED FEBRUARY 18, 1997 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT COMMON TO PARCELS 'C' AND 'D' OF SAID PARCEL MAP 17825 AND LOT 8 OF MAP No. 13181, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 26, 1995; THENCE ALONG THE BOUNDARY LINE COMMON TO SAID PARCEL 'C' AND SAID LOT 8 SOUTH 55'26'33" EAST 130.68 FEET; THENCE SOUTH 20'08'29" FAST 28.88 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 89"53'36" EAST 512.14 FEET TO A NON-TANGENT 182.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, RADIAL LINE FOR SAID CURVE BEARS NORTH 72O20'40" WEST, SAID POINT BEING ON THE BOUNDARY LINE COMMON TO SAID PARCEL 'C' AND LOT 6 OF SAID MAP NO. 13181; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06'29'23", AN ARC DISTANCE OF 20.61 FEET; THENCE TANGENT TO SAID CURVE, CONTINUING ALONG SAID BOUNDARY SOUTH 11°09'57" WEST 0.06 FEET TO A POINT ON THE SOUTH LINE OF SAID WATER EASEMENT; THENCE ALONG SAID SOUTH LINE, SOUTH 89O53'36" WEST 499.27 FEET TO A POINT ON THE BOUNDARY COMMON TO SAID PARCEL 'C' AND SAID LOT 8; THENCE ALONG SAID BOUNDARY NORTH 21OO8'29" WEST 21.43 FEET TO THE TRUE POINT OF BEGINNING. F:\MSOFFICE\WINWORD\96-1034\9619S!?.MT.LGL . . - 7%E tw.ss OF BCQRINCS FOR IhIS PLAr ifs 7h’E hi-057 tWR7i5’WJERLY L/M Of LOT 8 Of MP 13181. l.L NORTH 55.2~3~ #ESZ - l&IT PoRnON Of EM9i?VC 20’ WAlrR C+l.S&MENT RECORDED A43454fER s, 1958 IN 6DOK 7338 0-R LtliVG WITH/N PmlaL %’ Of PKEL MP 17825. ‘EL 23’ PM I7325 l-/Y/ ‘/f L7d;7 II . iziii awa- Am ro &F OullwE- d- w- lm7. Gl.mfMum :- t!xsl. LOT LNS /6!!sh fb w-w- rnlMY &WE Ai- I -3 1 WA1 F- l- E 1tlfV -?SBZCL# EXHIBIT ‘8’ _ _ _ _ _ _ _ _ I 1 SHI. I VI- 1 SHTS. ?EQUES; -- -. _ rFn RY- IDnfmARrn RY. I . I I I V-Ii hESXXiVm P?mNERs I 1 m . 1 -4ji; ‘1 !?737 UURD SI, SE 280 A.p,N. 216-510-09 ?, ~~coLK;QAQrnc4 DATE d&Y 1. 1998 - 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. 1044 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 PARCEL C, POINSETTIA SHORES PLANNING AREA B-l, CMWD PROJECT NO. 94-515 WHEREAS, WL HOMES, LLC, owner of Parcel C, Poinsettia Shores, Planning Area B-l, has 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 Parcel C, Poinsettia Shores, Planning Area B-l, CMWD Project No. 94-515, located east of Carlsbad Boulevard, north of 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 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 Parcel C, Poinsettia Shores, Planning Area B-l, CMWD Project No. 94-515, located east of Carlsbad Boulevard and north of 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 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 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 WL HOMES LLC, 10737 Laurel Street, Suite 280, Ranch0 Cucamonga, California 91730, to be recorded in the Office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ACCEPTED at a special meeting of the Board of Directors of the Carlsbad Municipal Water District held on the 16th day of March , 19 99 , by the following vote to wit: AYES: Board Members Lewis, Hall, Finnila and Kulchin NOES: None ABSENT: Board Member Nygaard ATTEST: ALETHA L. RAUTENKRANZ, Secreta (SEAL) CMWD 94-515 City March 22,1999 WL HOMES LLC 10737 LAURAL ST. SUITE 280 RANCH0 CUCAMONGA, CA 91730 QUflCXAJ~ OF:A. W$&f$ F’!PE+INE EASEMENT OVER A PORTf@KOF PARCEL c‘;,~QIhi@TTIA~#lORE~, GMWD PR03. NO. 94J’l6 Enclosed for your reference are copies of Carlsbad Municipal Water district Agenda Bill No. 436, and Resolution No. 1044. These documents went before the Carlsbad Municipal Water District Board on March 16, 1999, when the Resolution was adopted, approving the quitclaim referenced above.. Also enclosed is one original, fully executed Quitclaim Deed. Your company will be responsible for insuring the document is recorded with the San Diego County Recorder’s Office. If you have any questions regarding this quitclaim deed, please call William Plummer, District Engineer, at the Carlsbad Municipal District at (760) 438-2722, extension 7 126. Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 * (760) 434-2808 @