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Home My WebLink About1999-06-22; Municipal Water District; 447; Ocean Bluff Quitclaim Deed. - . 4 CARLSBnO MUNICIPAL WATER DISTkiCT - AGENDA BIL AB# YY3 MTG. 06122199 DEPT. CMWD TITLE- APPROVAL AND EXECUTION OF A QU~TCLAIM DEED OF A WATER PIPELINE EASEMENT OVER A PORTION OF OCEAN BLUFF, CARLSBAD TRACT 93-09, ALONG THE WEST SIDE OF BLACK RAIL ROAD, CMWD PROJECT NO. 89405 RECOMMENDED ACTION: Adopt Resolution No. 1058 for approval and execution of a quitclaim deed of a water pipeline easement over a portion of Ocean Bluff, Carlsbad Tract 93-09, along the west side of Black Rail Road, CMWD Project No. 89505. ITEM EXPLANATION: This item is a request of Catellus Residential Group, Inc., owner of Ocean Bluff Development, Carlsbad Tract 93-09, CMWD Project No. 89-505 located along the west side of Black Rail Road. This easement was granted to Carlsbad Municipal Water District per document recorded October 23, 1961 as File No. 18344 of Official Records for water pipeline purposes. The easement contains an abandoned water pipeline that is no longer suitable for water purposes due to deterioration of the pipeline. The engineering staff has reviewed the request and concurs with the owner that since new water facilities have concurrently and adequately been provided for within the public right-of-way in Black Rail Road that the abandoned water pipeline will no longer be necessary or needed at any time in the future. Therefor, the District is in agreement with the owner that the easement no longer necessary can be quitclaimed to the owner. FISCAL IMPACT: This item has no fiscal impact. The abandoned easement was granted to the District for a no cost acquisition of the property, and the District will quitclaim the abandoned 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. i0Sg for approval and execution of a quitclaim deed of a water pipeline easement over a portion of Ocean Bluff, Carlsbad Tract 93-09, along the west side of Black Rail Road, CMWD Project No. 89-505. LOCATION MAP CJTY a;’ cAR.LSBAD TXACT 844321AJ \ COi3BLESTC)NE SEA PROJECT: QUITCLAIM FOR OCEAN BLUFF, CARLSBAD TRACT 93-09 PROJECT NO. EXHIBIT NO. 89-505 1 RECORDING REQUESTED BY Catellus Residential Group, Inc. AND WHEN RECORDED, PLEASE MAIL TO: Brian Geis Catellus Residential Group, Inc. 5 Park Plaza, Suite 400 Irvine, California 92714 MAIL TAX STATEMENTS TO: Brian Geis Catellus Residential Group, Inc. 5 Park Plaza, Suite 400 Irvine, California 92714 The undersigned grantor(s) declare(s): Documentary transfer tax is $ 00.0‘ ’ . . . - . _ Space above this line for Recorder’s Use. Assessor’s Parcel No. 215-070-I 6 Project No. & Name 89-505. Ocean Bluff. Carlsbad - -- -- ( ) computed on full value of property conveyed, or Tract 93-09 ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and WATER DISTRICT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. 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 CATELLUS RESIDENTIAL GROUP. INC.. a California corooration, all right, title and interest in the property described in Exhibits “A” & “B”. consisting of two (2) page(sj, which is(are) attached hereto and made a part hereof. Executed on June 25, 19z,at Carlsbad, California APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL BY ATTEST: , (Nota Y ral acknowledgement of execution of Grantor must be attached.) 1 1 O/29/98 Rev. State of California El)Z..~~;cti personally appeared q personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the persond whose name& I -subscribed to the within instrument and acknowledged to me that B she&a+executed the same i and that by@&&& signatu r authorized capacityw, trument the person@, or the entity upon behalf of wh instrument. WITNESS, my hand and official seal. ($J acted, executed the (This area for official notary seal.) Title or Type of Document &.A; t c4m-im Dxd Date of Document No. of Pages Signer(s) other than named above ~und-k &ke fhobd.hL: CMWD 89405 2 06/l 4195 Rev. . EXHIBIT “A” LEGAL DESCRIPTION WATER EASEMENT ABANDONMENT ALL OF THAT CERTAIN EASEMENT FOR WATER LINE PURPOSES GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT PER DEED RECORDED OCTOBER 23, 1961 AS FILE NO. 183444 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, LYING WlTHlN THE SUBDIVISION BOUNDARY OF CITY OF CARLSBAD TRACT 93-09(A) OCEAN BLUFF, IN THE CIlY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13679, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON NOVEMBER 10,1998. JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 :DA \WSERVERWAPPINGVegals\l953 Ocean BIuff003A03x.doc wo 1953-3 5/25/99 C-/-f Y OF CARfSBAD TRACT &I%-32/AJ COBBLE8Tcv+b!E SEA MLAGE 1/N/T 2 --- : : : , ---_ LEGEND: INDICNE-S EXlSllNC ,%SEMENT TO QIRLS&ID h4UNlClIpAL WA KR DISTRICT RECORDED 10/-23/1961, flLE NO. 163444 OF O.R. AMNDONED HEREON. 300 0 ho0 600 900 j SCALE 1” = 300’ HUNXKER &ASSOCIATES SAN DISCQ INC cuNpHGmv9- 5LsbzoD B*MEBusc smokgQcas?m NOSCALE SRMSNC ?lu6~*nQ~UU ~\OOlrr\~#cot~ SHEET 1 OF 1 WA7E.R EASEMENT ABANDONMENT PM - CITY OF tXUlSR4D PPLICANT: PREPARED By: PROJECT: AP.N.: CATELLUS fEsIofNTIK 5PARKPLAzA WATER L;clSEMEM +4’&9 z-~yqy A&ANDONMEVT 215-070-16 sJllE400 IRVINE, CA 92714 JOHN W. HILL, JR. LS. 5669 IT (714) 251-6100 EXPIRES: g/30/99 CMWD - 1 RESOLUTION NO. 1nss 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 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD, CALIFORNIA, FOR APPROVAL AND EXECUTION OF A QUITCLAIM DEED FOR A WATER PIPELINE EASEMENT OVER A PORTION OF OCEAN BLUFF, CARLSBAD TRACT 93-09, CMWD PROJECT NO. 89-505 WHEREAS, CATELLUS RESIDENTIAL GROUP, INC., owner of Ocean Bluff, Carlsbad Tract 93-09, CMWD Project No. 89-505, have submitted a request for approval and execution of a quitclaim deed of a water pipeline easement granted to Carlsbad Municipal Water District per document recorded October 23, 1961 as File No. 18344 of 1 Official Records over a portion of Ocean Bluff, Carlsbad Tract 93-09, CMWD Project No. 89-505, located along the west side of Black Rail Road for pipeline purposes, since new water facilities have been concurrently and adequately provided for within the public right-of- way of Black Rail Road, and the abandoned water pipeline and easement will no longer be necessary; 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; and 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 Ocean Bluff, Carlsbad Tract 93-09, CMWD Project No. 89-505, located along the west side of Black Rail Road granted to the Carlsbad Municipal Water District, per document recorded October 23, 1961 as File No. 18344 of Official Records, no longer will be necessary since new water facilities have been concurrently and adequately provided for within the public right-of-way of Black Rail Road, which is on file with the Secretary and is incorporated by this reference, is approved. 1 f5l 1 4 c: Y E 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the President and the Secretary are authorized and directed to execute said quitclaim deed. Following the President’s signature of the said quitclaim deed, the Secretary is further authorized and directed to cause the original deed to be returned to the owner, Catellus Residential Group, Inc., 5 Park Plaza, Suite 400, Itvine, California 92714, 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 , 1999 , 15 day Of June by the following vote to wit: AYES: Board Members Lewis, Nygaard, Finnila, Hall G Kulchin NOES: None ABSENT: None ATTEST: (SEAL) CMWD 89-505 2 TO: ALETHA RAUTENKRANZ, CITY CLERK FROM: Robert J. Greaney, General Manager QUITCLAIM DEED OF A WATER LINE EASEMENT OVER A PORTION OF OCEAN BLUFF, CARLSBAD TRACT 93-09, CMWD PROJECT NO. 89405 May 25,1999 Attached is the original copy of the subject original quitclaim deed of a water line easement document tentatively scheduled for approval and execution at the June 8, 1999, Board of Directors Meeting. Upon approval and execution, please return original copy to me for further processing. Sincerely, ap-%Y KELLY .I. EFIMOFF Associate Engineer KJE:sjs y.T&.&; ?2kki fpf$jf& iIbi;/; yg4.,, .$& , ~~kc. /$& & &,32 d.4 .,* /I attachment y&-J(~~ p&2* s’i ! y. /i:‘;y CMWD 89-505 (i ~~.‘$~~‘.,~,,~i,c.,~i ‘w F c/3 9 @8,‘p,. i &- d -if ~@a &?$ .Jj $3 “$+ ;p d m& 6/29/99 NOTE TO FILE +4$+ q Per instructions given above, I am returning the original quitclaim deed to the attention of Kelly Efimoff,CMWD for final processing. Kathleen/Clerk!.+ Office