HomeMy WebLinkAbout2000-06-06; Municipal Water District; 475; QUITCLAIM DEEDS OF WATER PIPELINE EASEMENT APN 1671240800 LESTER AND MARGARET VEIGEL CMWD 99-C.00S4
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CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
4B# ws TITLE:
APPROVING AND AUTHORIZING EXECUTION OF
blTG. 6/6/20QO QUITCLAIM DEEDS OF WATER PIPELINE EASEMENT OVER
A PORTION OF APN 167-l 24-08 FOR LESTER AND MARGARET R.
DEPT. ENG VEIGEL, OWNERS; CMWD PROJECT NO. 99-C.OOS. CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 1087 approving and authorizing execution of quitclaim deeds of
water pipeline easement for Lester and Margaret R. Veigel; CMWD Project No. 99-C.OOS.
ITEM EXPLANATION:
This item is a request of Lester and Margaret R. Veigel, owners of Lot 55 of Seacrest Estates, Unit
No. 2 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No.
4280 filed in the office of the Recorder of said San Diego County, July 28, 1959. This easement
was granted to Carlsbad Mutual Water Company, to which the Carlsbad Municipal Water District
became successor in interest, in Book 1085, page 325 of official records. Said easement is lying
within said Lot 55. The easement contains an abandoned water pipeline that is no longer necessary
as replacement water pipelines have been constructed in surrounding streets. The engineering staff
has reviewed the request and concurs with the owner that new water facilities have adequately been
provided. Therefore, the District is in agreement with the owner that the easement is no longer necessary and can be,quitclaimed to the owner.
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.
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 easement property has no present value to the Carlsbad
Municipal Water District. 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 this quitclaim.
EXHIBITS:
1. Location Map.
2. Quitclaim Deeds of Easement.
3. Resolution No. 10% 7 approving and authorizing execution of quitclaim deeds of
water pipeline easement for Lester and Margaret R. Veigel; CMWD Project No. 99-C.OOS.
LOCATION MAP
A N NOT TO SCALE
PROJECT NAME
LOT 55, CHARTER OAK DR.
QUITCLAIM FOR
EXIST. WATER EASEMENT
PROJECT NUMBER
99-c.00 s
A.P.N. 167-724-08
EXHIBIT
'1'
,
RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
City of Carlsbad
1200 Carlsbad Village Drive Carlsbad, CA 92008
MAIL TAX STATEMENTS TO:
Lester and Margaret R. Veigel
3521 Charter Oak Drive
Carlsbad, CA 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 Gty 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. 167-l 24-08
Project No. & Name LOT 55, CHARTER OAK DRIVE
QUITCLAIM FOR EXISTING WATER EASEMENT
CMW D 99-C.OOS
CARLSBAD MUNICIPAL WATER DISTRICT (P p/m /
WILLIAM E. PLUMMER, P.E., Deputy 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 Lester Veigel and Margaret R. Veigel all right, title and interest in the property
described in Exhibits “A” & “B”, consisting of two page(s), which are attached hereto and made a part hereof.
Executedon June 23 t 20 00 , at Carisbad, California rict of the City of
(Notarial acknowledgement of execution of Grantor must be attached.)
Eng\WorcN)ocs\MasterFo~s\Quitclaim Deed - CMWD 1
.
State of California )
1 County of San Diego )
On June 15, 2000, before me, Belinda R. Guzman, Notary Public, personally appeared
William E. Plummer, personally known to me to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
Signa ture of Notary ’ @-t/q (This area for
I/ official notary seal)
Title or Type of Document Quitclaim Deed 167-I 24-06
Date of Document June 15,200O No. of Pages 1
Signer(s) other than named above None
EXHIBIT “A”
LEGAL DESCRIPTION
PUBLIC UTILITY ACCESS EASEMENT - QUITCLAIM
ALL THAT PORTION OF LOT 53 OF SEACREST ESTATES, UNIT NUMBER 2, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO THE MAP THEREOF NUMBER 4280 FILED IN THE OFFICE OF
THE RECORDER OF SAID SAN DIEGO COUNTY, JULY 28, 1959; BEING A STRIP
OF LAND 15 FEET WIDE LYING 7.5 FEET AND PARALLEL WITH THE FOLLOWING
DESCRIBED CENTERLINE.
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL, SAID POINT
BEING THE POINT OF INTERSECTION OF THE WESTERLY AND
NORTHWESTERLY BOUNDARIES OF SAID LOT 53; THENCE LEAVING SAID POINT
ALONG THE SAID SOUTHEASTERLY BOUNDARY NORTH 66”27’00” EAST, 20.42 FEET TO A TRUE POINT OF BEGINNING THENCE LEAVING SAID TRUE POINT OF
BEGINNING, NORTH 23 33’00” WEST A DISTANCE OF 183.32 FEET TO A POINT
OF TERMINUS ON THE NORTHWESTERLY BOUNDARY OF SAID LOT 53.
THE SIDELINES OF SAID 15 FOOT WIDE EASEMENT TO BE LENGTHEND AND OR SHORTENED AT ALL ANGLE POINTS TO CREATE A CONTINUOUS BOUNDARY
WITHIN SAID LOT 53.
L r- -
-
QUITCLAIM PLAT
CENlEFdJNE OF EA!XMENT
15 #DE WAlERUNE EASEMENT CARLSBAD MUTUAL WATER COM BOOK 1085 PADE 325 O.R.
EASEMENT
PROJECT NAME
LOT 53, CHARTER OAK DR.
QUITCLAIM FOR
EXIST. WATER EASEMENT
PROJECT NUMBER
99-C.00 T
AP.N. 767-124-06
EXHIBIT
‘8’
c
RESOLUTION NO. 1087
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT (CMWD) FOR APPROVAL AND EXECUTION OF A QUITCLAIM DEED OF WATER PIPELINE
EASEMENT OVER A PORTION OF MAP 4280, LOT 55 OF SEACREST
ESTATES, UNIT NO. 2 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE SAN
DIEGO RECORDERS OFFICE ON THE 28TH OF JULY 1959, CMWD PROJECT NO. 99-COOS.
7 WHEREAS, Lester and Margaret R. Veigel, owners of Lot 55 of Seacrest Estates, Unit No.
6 2 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No.
4280 filed in the office of the Recorder of said San Diego County, July 28,1959 have submitted a
9 request for approval and execution of a quitclaim deed of a portion of a water pipeline and access
10 easement granted to the Carlsbad Mutual Water Company, to which Carlsbad Municipal Water
11 District became successor in interest, in Book 1085 page 325 of Official Records, which crosses
l2 over that portion of land described on Map 4280, Lot 55 of Seacrest Estates, Unit No. 2 in the City
l3 of Carlsbad, County of San Diego, State of California, since the pipeline has deteriorated and is
14 no longer used or necessary; and
15 WHEREAS, the Board of Directors of Carlsbad Municipal Water District has determined it
,s to be in the public interest to quitclaim said easement to the owners of Lot 55 of Seacrest Estates
,7 Unit 2.
16 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad
Municipal Water District (CMWD) of the City of Carlsbad, California, as follows:
19 1. That the above recitations are true and correct.
20 2. That the quitclaim deed conveying a water pipeline easement lying within that
21 portion of Map 4280, Lot 55 of Seacrest Estates, Unit No. 2 in the City of Carfsbad, County of San
n Diego, State of California, CMWD Project No. 99-COOS, granted to the Carlsbad Mutual Water
2s Company, to which Carlsbad Municipal Water District became successor in interest, per
24 document: Book 1085, Page 325, no longer will be necessary since new water facilities have been
25 adequately provided for within the public right-of-way.
26 'ii
27 If'
Ill
1 3. That the President is authorized to execute the quitclaim deed to be recorded in
2 the Office of the County Recorder of San Diego County, State of California, and the Secretary is
3 hereby authorized to cause the original deed to be returned to the owner, Lester and Margaret R.
4 Veigel, 3521 Charter Oak Drive, Carlsbad, California 92008.
5
6
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad
Municipal Water District held on the 6th day of June I 2000 by the following
7 vote, to wit:
8 AYES: Board Members Lewis, Hall, Finnila, Nygaard and Kulchin
9 NOES: None
l6 LmAIP6E M. WOOD, Secretary
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(SEAL)
\ .
RECORDING REQUESTED BY I
AND WHEN RECORDED,
PLEASE MAIL TO:
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX STATEMENTS TO:
Lester and Margaret Ft. Veigel
3521 Charter Oak Drive
Carlsbad, CA 92008
[Sk fj-6 w-5 475
DOE 'R 2000-0370079
4957 3ul 13s 2000 I:55 PM
MfICIAL RmRDu SW DIEGO COUNTY MMRDER’S OFFICE iaE#KY ;pN9 cyfT;m : :
~~~~~~ll~ll~lll~~lll~l~~~lR~~~l~~~~l 2000-0370079
Space above this line for Recorder’s Use.
grantor(s) declare(s):
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. 167-l 24-08
Project No. & Name LOT 55, CHARTER OAK DRIVE
QUITCLAIM FOR EXISTING WATER EASEMENT
CMW D 99-C.OOS
( ) Unincorporated area: (x) City of Carlsbad , and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
CARLSBAD MUNICIPAL WATER DISTRICT
/ p/)$ /
WILLIAM E. PLUMMER, P.E., Deputy 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 Lester Veigel and Margaret R. Veigel all right, title and interest in the property
described in Exhibits “A” & “B”, consisting of two page(s), which are attached hereto and made a part hereof.
Executed on June 23 I 20 00 ) at Carlsbad, California
~~~$~*~uNSEL
(Notarial acknowledgement of execution of Grantor must be attached.)
Eng\Word\Docs\Masters\Forms\Ouitclaim Deed - CMWD 1 1 O/29/98 Rev.
CALIFORNIA
4958
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Dieao
On June 23. 2000, before me, Janice! N0ta.r; pllbl i c
Date Name and Title of Officer (e.g., ‘Jane Doe. otary Public”)
personally appeared Claude Ai Lewis 9 Name(s) of Signer(s)
Bpersonally known to me
El proved ta me on the basis of satisfactory
evidence
to be the person(%) whose name& is/m
subscribed to the within instrument and
acknowledged to me that he/m executed
the same in his-K authorized
capacity(ies), and that by his/w
signature(s) on the instrument the person& or
NotarV PuMc - camnio the entity upon behalf of which the person(@
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
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
Title or Type of Document: Quitclaim Deed (APN 167-124-08)
Document Date: June 23, 2000 Number of Pages: 4
Signer(s) Other Than Named Above: none
Capacity(ies) Claimed by Signer
Signer’s Name: Claude A. Lewis
0 Individual
q Corporate Officer - Title(s): President
0 Partner - Cl Limited Cl General
0 Attorney in Fact
0 Trustee
C Guardian or Conservator
C Other:
Signer Is Representing: Carlsbad Municiual Water Dktrict
Top of thumb here
-.
4959
State of California )
1 County of San Diego )
On June 15, 2000, before me, Belinda R. Guzman, Notary Public, personally appeared
William E. Plummer, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
(This area for Signature of Notary official notary seal)
Title or Type of Document Quitclaim Deed 167-I 24-06
Date of Document June 15,200O No. of Pages 1
Signer(s) other than named above None
4960
EXHIBIT “A”
LEGAL DESCRIPTION
PUBLIC UTILITY ACCESS EASEMENT - QUITCLAIM
ALL THAT PORTION OF LOT 53 OF SEACREST ESTATES, UNIT NUMBER 2, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO THE MAP THEREOF NUMBER 4280 FILED IN THE OFFICE OF
THE RECORDER OF SAID SAN DIEGO COUNTY, JULY 28, 1959; BEING A STRIP
OF LAND 15 FEET WIDE LYING 7.5 FEET AND PARALLEL WITH THE FOLLOWING
DESCRIBED CENTERLINE.
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL, SAID POINT
BEING THE POINT OF INTERSECTION OF THE WESTERLY AND
NORTHWESTERLY BOUNDARIES OF SAID LOT 53; THENCE LEAVING SAID POINT ALONG THE SAID SOUTHEASTERLY BOUNDARY NORTH 66”27’00” EAST, 20.42
FEET TO A TRUE POINT OF BEGINNING THENCE LEAVING SAID TRUE POINT OF BEGINNING, NORTH 23 33’00” WEST A DISTANCE OF 183.32 FEET TO A POINT
OF TERMINUS ON THE NORTHWESTERLY BOUNDARY OF SAID LOT 53.
THE SIDELINES OF SAID 15 FOOT WIDE EASEMENT TO BE LENGTHEND AND OR
SHORTENED AT ALL ANGLE POINTS TO CREATE A CONTINUOUS BOUNDARY
WITHIN SAID LOT 53.