HomeMy WebLinkAbout1999-10-26; Municipal Water District; 455; Poinsettia Shores Planning Area C Water EasementCARLSBAD MUNICIPAL WATER DISTRICT -AGENDA E
AB# 455 TITLE- L
MTG. 1 O/26/99 APPROVAL AND EXECUTION OF TWO QUITCLAIM
DEPT. CMWD DEEDS OF WATER PIPELINE EASEMENT; APN 216- 140-30-00. CMWD PROJECT NO. 95-504
DEPT. HD. r & CITY Al-l-Y.
RECOMMENDED ACTION:
CT 98-6/CP 98-5)
Adopt Resolution No. 1066 for approval and execution of two quitclaim deeds of water pipeline
easement; APN 216-140-30-00, CMWD Project No. 95-504
ITEM EXPLANATION: This item is a request of GREYSTONE HOMES, INC., a Delaware corporation, owner of Poinsettia
Shores Plan Area C, Lot IO, Condominiums, East Side of Windrose Circle, CMWD Project No. 95
504. These easements were granted to Carlsbad Municipal Water District per document: 1) A
Portion of the Existing 20’ Water Easement Recorded November 06, 1958 in Book 7338, Page 303 of
Official Records and 2) A Portion of the Existing 20’ Water Easement Recorded August 29, 1961 as
File No. 150326 of Official Records. Both easements are lying within Lot 1 of Map No. 13653 in the
City of Carlsbad, County of San Diego, State of California and were for water pipeline purposes. The
easement contains an abandoned water pipeline that is no longer necessary. The engineering staff
has reviewed the request and concurs with the owner that new water facilities have concurrently and adequately been provided for within the public right-of-way in Avenida Encinas and Windrose Circle.
Therefor, the District is in agreement with the owner that the easement no longer necessary and 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: l
1. Location Map.
2. Quitclaim Deed of Easement, Recorded November 06, 1958 In Book 7338, Page 303 Of Official
Records.
3. Quitclaim Deed of Easement, Recorded August 29, 1961 As File No. 150326, Of Official Records.
4. Resolution No. 1066 for approval and execution of two quitclaim deeds of water pipeline
easement; APN 216-140-30-00, CMWD Project No. 95-504.
.
. . . . II -MITE IT - DON’T SAY-T!
To File
From Isabelle Paulsen
Date November 18
0 Reply Wanted
ONo Reply Necessary
19 gg
Lorraine Wood informed me that she had sent the original quitclaim deeds
to Mariane at CMWD for recordation processing.
. ,.( ‘.I CXATION MAP’
PROJECT NAME PROJECT NUMBER EXHIBIT
QUITCLAIM FOR
EXIST. WATER EASEMENT 95-504 1
1
:
4
6
7
8
9
10
11
12
13
14
15
16
17
16
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 1066
A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER
DISTRICT, CARLSBAD, CALIFORNIA, FOR APPROVAL AND EXECUTION OF TWO QUITCLAIM DEEDS OF WATER PIPELINE
EASEMENT; APN 216-140-30-00. CMWD PROJECT NO. 95-504.
WHEREAS, GREYSTONE HOMES, INC., owner of Poinsettia Shores Plan Area C, Lot
10, Condominiums, East Side of Windrose Circle, CMWD Project No. 95-504, have submitted a
‘equest for approval and execution of two quitclaim deeds of a water pipeline easement granted
:o Carlsbad Municipal Water District per document: 1) A Portion of the Existing 20’ Water
Easement Recorded November 06, 1958 in Book 7338, Page 303 of Official Records and 2) A
Dortion of the Existing 20’ Water Easement Recorded August 29, 1961 as File No. 150326 of
Official Records. Both easements are lying within Lot 1 of Map No. 13653 in the City of Carlsbad,
Zounty of San Diego, State of California and were for water pipeline purposes.
Whereas new water facilities have been concurrently and adequately provided for within
he public right-of-way of Avenida Encinas and Windrose Circle, and the abandoned water
bipeline and easement will no longer be necessary; and
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has
letermined it to be in the public interest to approve the two quitclaim deeds attached hereto; and
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Carlsbad
Aunicipal Water District, as follows:
1. That the above recitations are true and correct.
2. That the Quitclaim Deed conveying a water pipeline easement lying within Lot 1 of
tlap No. 13653 in the City of Carlsbad, County of San Diego, State of California, CMWD Project
lo. 95-504, granted to the Carlsbad Municipal Water District, per document: 1) A Portion of the
:xisting 20’ Water Easement Recorded November 06, 1958 in Book 7338, Page 303 of Official
!ecords and 2) A Portion of the Existing 20’ Water Easement Recorded August 29, 1961 as File
lo. 150326 of Official Records. recorded October 23, 1961 as File No. 18344 of Official Records,
o longer will be necessary since new water facilities have been concurrently and adequately
1 provided for within the public right-of-way of Avenida Encinas and Windrose Circle, which is on
2 file with the Secretary and is incorporated by this reference, is approved.
3 3. That the President and the Secretary are authorized and directed to execute said
4 quitclaim deeds. Following the Presidents signature of the said quitclaim deed, the Secretary is
5 further authorized and directed to cause the original deed to be returned to the owner,
6 GREYSTONE HOMES, INC., 5973 Avenida Encinas, Suite 101, Carlsbad, California, 92008, to
7 be recorded in the Office of the County Recorder of San Diego County, State of California.
8
g PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water
10 District held on the 26’” day of OCTOBER , 1999, by the following vote to wit:
11
12 AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin
13
14
15
16
17
18
NOES: None
ABSENT: None
19
20
21
22
23
24
25
26
27
28
ATTEST:
/
AmA L. wNKR#JZ, Secretary
(SEAL) v
KAREN R. KUNDTZ, Assistant Secretary
s . I
RECORDING REQUESTED BY
, GREYSTONE HOMES
AND WHEN RECORDED, PLEASE MAIL TO:
GREYSTONE HOMES
5973 AVENIDA ENCINAS
SUITE 101
CARLSBAD, CALIFORNIA 92008
MAIL TAX STATEMENTS TO:
GREYSTONE HOMES
5973 AVENIDA ENCINAS
SUITE 101
CARLSBAD, CALIFORNIA 92008
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.
( ) Unincorporated area: (x) City of Carlsbad , and
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
Assessor’s Parcel No. 216-140-30-00
Project No. & Name 95504: POINSETTIA SHORES
PLAN AREA C. LOT 10. CONDOMINIUMS. EAST
SIDE OF WlNDROSE CIRCLE
CARLSBAD MUNICIPAL WATER DISTRICT
WILLIAM E. PLUMMER, P.E., Deputy City Engineer
QUlTCLAIM 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 GREYSTONE HOMES, INC., all right, title and interest in the property described in
Exhibits “A” & “B”, consisting of TWO (2) pages, which are attached hereto and made a part hereof.
Executedon November 3,
192, at Carlsbad, California I
APPROVED AS TO FORM:
RONALD R. BALL. GENERAL COUNSEL
ATTEST:
!@EJ$lA LMENKWZ, Secretary
KAREN R. kJNDTZ,&!sistant Secretary
(Notarial acknowledgement of execution of Grantor must be attached.)
1 O/29/98 Rev.
State of California
dv &w I
ss. County of
On b4+‘6 /?9, before me, M %7 l m
Date
personally appeared
e and Title of Officer (e.g., “Jane Doe. Notary P&ii”) ,
Name(s) cd Signer(s)
LORRAINE M, WOOD Commkion # 1225172 ~~tiii - cdiianb
Place Notaiy Seal Above
iX7personally known to me
•i proved to me on the basis of satisfactory
evidence
to be the person Pf whose name Ff isk9t-e
subscribed to the within instrument and
acknowledged to me thaahelthey executed
the same in @her/their authorized
capacity&+ and that by @her/their
signaturwn the instrument the persowor
the entity upon behalf of which the person@+
acted, executed the instrument.
WITNESS mv hand and official seal.
.
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 prevenf fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Nam_ed Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
q individual
Ci Corporate Officer - Title(s):
Cl Partner - 0 Limited 0 General
0 Attorney in Fact
Cl Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
8 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627
APRIL 21, 1999
J.N. : 971058-3
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 1 OF
MAP NO. 13653 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, RECORDED JANUARY 31, 1985 IN THE OFFICES OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OFFICIAL RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY BOUNDARY OF LOT 1 SOUTH 24O31'56" EAST 721.77
FEET TO A POINT ON THE NORTH LINE OF SAID WATER EASEMENT, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID BOUNDARY SOUTH 24O31'56" EAST .21.97 FEET; THENCE, LEAVING
SAID ,EASTERLY BOUNDARY, SOUTH 89O53'36" WEST 182.90 FEET TO A
POINT ON A NON-TANGENT 773.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY, THE RADIAL LINE TO SAID POINT BEARS NORTH
68O43'43" EAST, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF
WINDROSE CIRCLE PER MAP NO. 11616 RECORDED SEPTEMBER 12, 1986 AS FILE NO. 86-402404; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY
AN ARC DISTANCE OF 21.57 FEET THROUGH A CENTRAL ANGLE OF 01'35'55"; THENCE, LEAVING SAID RIGHT-OF-WAY, NORTH 89O53'36"
EAST 181.88 FEET TO THE TRUE POINT OF BEGINNING.
AREA t 3,647 SQUARE FEET
CMWD 95-504
MZY IMMmSf CiRZE AS WO#w OV W’S /f6/6 AM0 I.?f8f, IL: M37~27z
EflSI: SD&f EASEMiVT EkSh?NC 6’ MN &X!SRuCnn6v
EAXh’flVr REC: s?I: 0, 1997 AS
Eml ?Z’UTY v &4Ris8AO ACCESS .ez:
MA? 134.84 ‘y-\Y -tT” a
Ema \ 1
LxizwzNr h?Fc 5-03-74 ‘N-v AS fZE NO 74-115355, o.R.~~--/A- ~\y m
A =&534'51' 29.70’
a N 37wzf E 2&Z
l 377f’ 29/.&i’ M81’ @ A-26-- I @ N 24-.3f’ss’ W 93’
(5) N i3zvY6- w 9.89
N 2cJ156- W 21.97’
VICINITY MAP mw
#o-w -c+ -w--4 hmm-w;ro s
EQUESTED BY:
?rn!E MmEs P73 AK &WffA.$ SE IO/
IRLW, a 9m
EXHIBIT ‘B’
t
-- -- _-- - -
QUl7iiMlM FAT-OR
EXISL WATER CQSEMENT SHT. I YI
PREPARED BY: I
^F..‘! f SmS.
J
%
m
A.P.N. 216-1/o-30-00
95-504 DATE m 21. ?$%
F:MBS\%lDl9\9619NO~ 8-4-99 64904 an
-
APRIL 21, 1999 J.N.: 971058-3
EXHIBIT "A"
QUITCLAIM WATER EASEMENT
THAT PORTION OF THE EXISTING 20' WATER EASEMENT GRANTED TO THE
CARLSBAD MUNICIPAL WATER DISTRICT RECORDED AUGUST 29, 1961 AS
FILE NO. 150326, OF OFFICIAL RECORDS, LYING WITHIN LOT 1 OF MAP
NO. 13653 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, RECORDED JANUARY 31, 1985 IN THE OFFICES OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OFFICIAL RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 1, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE
EASTERLY BOUNDARY OF LOT 1 SOUTH 24O31'56" EAST 721.77 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY SOUTH 89"53'36" WEST 21.97
FEET TO A POINT ON THE WESTERLY LINE OF SAID WATER EASEMENT;
THENCE NORTH 24"31'56" WEST 628.22 FEET TO A POINT ON A NON-
TANGENT 291.05 FOOT RADIUS CURVE, CONCAVE TO THE WEST, THE RADIAL LINE TO SAID POINT BEARS NORTH 81O16'28" EAST, SAID POINT
BEGIN ON THE EASTERLY RIGHT-OF-WAY OF AVENIDA ENCINAS PER MAP
NO. 11616 RECORDED AS FILE NO. 86-402404, RECORDED SEPTEMBER 12,
1986 IN THE OFFICES OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
OFFICIAL RECORDS; THENCE ALONG SAID RIGHT-OF-WAY NORTHERLY AN
ARC DISTANCE OF 80.29 FEET THROUGH A CENTRAL ANGLE OF lSO48'24";
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 24O31'56" WEST
9.30 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE LEAVING SAID
RIGHT-OF-WAY SOUTH 89O57'36" EAST 9.89 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 13,722 SQUARE FEET
CMWD 95-504
AWi’& tM%W LniW hfOR!r%wmY ckr HE N~CION Wm MNOROX CHUE AS SHOWN LW WS 11616 AND IJIBI, x N3?562fE
EMS1 SX4E EAS5MENT EXfSRNG 6’ Ml&T CWSRuCnm
UEC 2-25-87 AS fZE EA.%hllffT ~?i?c S!iFY 9, 1997 AS
nr E ffo 1997-o-435602 a 20’ WA rR EASEMTiVT g-29-61 AS ffLE NC;! 150326, Q.R.
EASiFt’t Y &W’DHRY
tXh!SRUCflnbv & MAbWNANANcE 7 REC 9-9-97 AS f7lLE NCZ 1997-435603, OR.
MAP 134.34 ’
@ N 2cJ1’56’ w 9.w
--@y N 8F5736- W 9.&Y
@ Nt%5?~3fE ’ - 21.97
A =m35~ 291.w 5452
EXHIBIT ‘8’
QUJTCUJM PUT FOR
EXJSZ WAJi5R GQSEMENT I EQUESTED By: 1 PREPARED By: I
SHT. I OF .t SHTS.
DATE &%! 21. 1999
~%1019\9619NoT E-4-99 54904 an
I ~* ,, .
. . - .
RECORDING REQUESTED BY
GREYSTONE HOMES I
a AND WHEN RECORDED, PLEASE
MAIL TO:
GREYSTONE HOMES
5973 AVENIDA ENCINAS
SUlTE iO1
CARLSBAD, CALIFORNIA 92008
MAIL TAX STATEMENTS TO:
GREYSTONE HOMES
5973 AVENIDA ENCINAS
SUITE 101
CARLSBAD, CALIFORNIA 92008
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. 218-140-80-90 Project No. & Name 95-504: POlNSElTlA SHORES
PLAN AREA C, LOT IO. CONDOMINIUMS. EAST
SIDE OF WlNDROSE CIRCLE
( ) Unincorporated area: (x) City of Carlsbad , and
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
CARLSBAD MUNICIPAL WATER DISTRICT
QUlTCLAIM 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 GREYSTONE HOMES, INC., all right, title and interest in the property described in
Exhibits “A” & “B”, consisting of TWO (2) pages, which are attached hereto and made a part hereof.
Executedon November 3. 19*, at Carlsbad, California ,
APPROVED AS TO FORM: RONALD R. BALL. GENERAL COUNSEL
BY
ATTEST:
istant Secretary
(Notarial acknowledgement of execution of Grantor must be attached.)
1 10129198 Rev.
State of California
&ca iq-@ , Coupty of >
ss.
On ti-a’qbefore me, 6 )-h . W Date cer (e.g.. ‘Jane Doe. Ndary Public”)
personally appeared
,
Name(s) of Signer(s)
,&personally known to me
0 proved to me on the basis of satisfactory
evidence --.
Cunmlssicn # 1225172 1
NotayPubGc-m # 1
1 -~
MyczG?~%,aD(D
Place Notary Seal Above
to be the ms) whose 4s) Qare
subscribed to the within instrument and
acknowledged to me that@&he/they executed
the same in @her/their authorized capacity(Ge+, and that by @erAheir
signature&+-on the instrument the personfs): or
the entity upon behalf of which the person++
acted, executed the instrument.
my hand and official seal.
k297.m
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
iitle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
Cl Partner - Cl Limited Cl General
q Attorney in Fact
Cl Trustee
0 Guardian or Conservator
Cl Other:
Signer Is Representing:
lop of thumb here
0 1997 National Notary Associatmn * 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 913132402 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6827
October 21, 1999
/o -Z&-q9
&l
C/w0
’ TO: ALETHA RAUTENKRANZ, CITY CLERK
FROM: William Plummer, Deputy City Engineer .
QUITCLAIM DEED OF A WATER LINE EASEMENT: POINSETTIA SHORES PLAN
AREA C,LOT 10, CONDOMINIUMS, EAST SIDE OF WINDROSE CIRCLE;CMWD
PROJECT NO. 95-504
Attached is the original copy of the subject original quitclaim deed(s) of a water line
easement document tentatively scheduled for approval and execution at the October
20, 1999, Board of Directors Meeting. Upon approval and execution, please return
original copy to me for further processing.
Very truly yours,
Senior Office Specialist
Enc. (2)
CMWD 95-504