HomeMy WebLinkAbout2003-12-02; Municipal Water District; 559; Quitclaim of a Waterline Easement 3235 Tyler St0
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4B# 559 - TITLE: APPROVE A QUITCLAIM OF A WATERLINE EASEMENT
ACROSS 3235 TYLER STREET, CARLSBAD, CA
MTG. 12/02/03 APN: 204-070-01 THRU 03
DEPT. HD.
CITY ATTY. @, '
CITY MGR. (PR 02-1 19)
IEPT. ENG
RECOMMENDED ACTION:
Adopt Resolution No. 1195 quitclaiming a 20-foot wide easement for water pipelines over property
at 3235 Tyler Street.
ITEM EXPLANATION:
Carlsbad Village Self Storage, LLC, a California limited liability company, has submitted an
application to quitclaim a water line easement traversing over a portion of APN 204-070-01, 02 and
03, also being a portion of Lot 7 of Industrial Tract per Map No. 1743. This easement is parallel with
and adjacent to the street right-of-way. The applicant is submitting the request to quitclaim the
easement as required per Engineering Condition No. 12 of Design Review Board (DRB) Resolution
No. 279, adopted by the Housing and Redevelopment Commission on January 22, 2002. The
Housing and Redevelopment Commission approved development of a self-storage facility on the
property.
The properties fronting Tyler Street, including the subject property, are adequately served by a
water main located within the street right-of-way. The City has no records of any pipelines being
installed within the easement and has determined that the easement has no future beneficiary
use.
ENVIRONMENTAL REVIEW
The proposed quitclaim is exempt from environmental review under the California Environmental
Quality Act Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that
the quitclaim will have a significant effect on the environment.
FISCAL IMPACT:
The item has no fiscal impact to the City. The waterline easement was granted to the District for a
no fee cost acquisition and the District will quitclaim the easement for a no fee cost return to the
property owner. The owner has paid the standard fee for processing this quitclaim.
EXHIBITS:
1. Location Map
2. Resolution No. 1195
3. Quitclaim Deed.
DEPARTMENT CONTACT: David Rick, (760) 602-2781, drick@.ci.carlsbad.ca.us
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PROJECT NAME WATERLINE EASEMENT QUITCLAIM APN 204-070-01. 02 & 03
LO C AT1 0 N
PROJECT EXHIBIT NUMBER
PRO2- 1 19 7
MAP
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RESOLUTION NO. 1195
A RESOLUTION OF THE BOARD OF DIRECTORS OF
CARLSBAD MUNICIPAL WATER DISTRICT (CMWD)
APPROVING A QUITCLAIM OF A WATERLINE EASEMENT
OVER PROPERTY AT 3235 TYLER STREET, APN: 204-070-01
THROUGH 204-070-03, BEING A PORTION OF LOT 7 OF
INDUSTRIAL TRACT, FILED AS MAP NO. 1743.
WHEREAS, Carlsbad Village Self Storage, LLC, a California Limited Liability Company,
has submitted a request for quitclaim of a water easement granted to Carlsbad Municipal Water
Company on March 5, 1946 in Book 2065, Page 229 of Official Records of the San Diego County
Recorder; and
WHEREAS, the properties fronting Tyler Street, including the subject property, are
adequately served by the existing public waterline in Tyler Street; and
WHEREAS, said easement was never utilized for the purpose for which it was granted and
is not now nor is it contemplated to be needed for water pipe purposes and appurtenant facilities;
and
WHEREAS, the Board of Directors of Carlsbad Municipal Water District (CMWD) 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 Carlsbad Municipal
Water District (CMWD) of the City of Carlsbad, California, as follows:
1.
2.
That the above recitations are true and correct.
That the Carlsbad Municipal Water District (CMWD) quitclaim the existing waterline
easement across APN: 204-070-01 through 204-070-03, being a portion of Lot 7 of Industrial
Tract, filed as Map No. 1743.
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3. That the President is authorized to execute the deed and the Secretary is hereby
authorized to release the original quitclaim deed to Carlsbad Village Self Storage, LLC,
a California limited liability company.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Water District held on the 2nd day of December , 2003 by the
following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
ATTEST r:
December 10,2003
Carlsbad Village Self Storage,
A California Limited Liability Co.
2601 Main Street, Suite 1330
Imine, CA 92614
QUITCLAIM OF WATERLINE EASEMENT ACROSS 3235 TYLER STREET
The Board of Directors of the Carlsbad Municipal Water District, at their meeting of
December 2,2003, approved the quitclaim of a 20-foot wide easement for water pipelines
over property located at 3235 Tyler Street.
The Quitclaim has been signed and notarized, and the original document is enclosed so
that your company can have it recorded with the San Diego County Recorder.
Assistant City Clerk
Enclosure (1)
1200 Carlsbad Village Drive * Carlsbad, CA 92008-1 989 - (760) 434-2808 @
RECORDING REQUESTED BY I
MAIL TAX STATEMENTS TO:
Carlsbad Village Self Storagc, $@a Main St, Suite 1330 Irvine CA 92614
AND WHEN RECORDED,
PLEASE MAIL TO:
Carlsbad Village Self Storag
2601 Main St, Suite 1330
Irvine CA 92614
The undersigned grantor(s) declare(s): Assessor's Parcel No. 204-070-01 thru 03
Documentary transfer tax is $ 00.0 yw RP 01-09, PR 02-1 19
( ) 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
Project No. & Name
Carlsbad Village Self-storage
CARLSBAD MUNICIPAL WATER DISTRICT
FOR A VALUABLE CONSIDERATION, ..
receipt of which is hereby acknowledged. aws ROBERT^ wo JCI W
QUITCLAIM DEED
CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, 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 Carlsbad Village Self Storage, LLC, a California Limited Liability Company all right,
title and interest in the property described in Exhibits "A' & "B", consisting of 3 page(s), which is(are) attached hereto and
made a part hereof.
Executed on December
20 03 , at Carlsbad, California
APPROVED AS TO FORM:
ROI\IALP R. BALL, GENERAL COUNSEL
r the Municipal Water
District of the City of
..--7
/ L&/?rn c
M. WOOD, Secretary
/ 2. y 03
(Notarial acknowledgement of execution of Grantor must be attached.)
AB #559 Resoiution No. 1195 CMWD 12 - 2 - 0 3 H:/Development ServiceslMasterslDeeds-Grant Deeds-Easements/Quitclaim Deed - CMWD (Real Property) 6/1/00
rc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SAd
On F. 2603, before me, Z&&iu Name and TRle / of Officer cn (e g vi* , "Jane Doe, Notary PuMic")
personally appeared cCAL(D 6 a. hLS t
Name@) of Signer@)
Date
&personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the personN whose namew is/-
subscribed to the within instrument and
acknowledged to me that he/- executed
the same in his/h4rlthcLv ' authorized
capacity- and that by his/herk&
signatureo on the instrument the personw, or
the entity upon behalf of which the personw
acted, executed the instrument.
WITNESS my hand and official seal. A
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.
Title or Type of Document: U !r cC)& /bl Dm Description of Attached Document
u\
> c. .A OS3 Number of Pages:
OOD 3 P *BALL. LOpRRwk e Signer(s) Other Than Named Above: ROW/?[ L
Capacity(ies) Claimed by Signer g Individual
0 Partner - 0 Limited 0 General
Signer's Name:CI,ChC fi< ,, A- .- iXuI5
Corporate Officer - Title(s): Pw5/DaQrr
U Attorney in Fact
Trustee
El Guardian or Conservator
0 Other
Signer Is Representing. hiuu E! Pp(. bh=, DLSlXK~
0 1997 National Notary Association 9350 De Soto Ave PO Box 2402 Chatsworth, CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827
EXHIBIT “A”
WATER EASEMENT QUITCLAIM
LEGAL DESCRIPTION
PR 02-1 19
PARCEL 1
THAT PORTION OF LOT 7 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP No. 1743 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE NORTHEASTERLY 20.00 FEET OF SAID LOT 7 PER DOCUMENT RECORDED MARCH 6,
1946 IN BOOK 2065, PAGE 229 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
THE ABOVE DESCRIBED PARCEL CONTAINS 2,764 SQUARE FEET, MORE OR LESS.
THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR’S ACT.
la /5//07
WARREN WILLIAMS, JR., ’P.L.S. 7038 DATE REGISTRATION EXPIRES 9/30/06
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WATER EASEMENT QUITCLAIM
IN LOT 7 w MAP NO. 1743 IN THE aw of CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CAUFORNIA.
05 $'
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DRAWN BY:
DRC. INC.
PR 02-119
REVISED:
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)ATE:
iCALE:
10-29-2OO3
1" = 60'
PN: !04-070-01. 02 t 03
2065 / 229 O.R.
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THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION
WARREN WILLIAMS, JR. P.L.S. 7038 DATE
EXHIBIT "B"
SHEET 1 OF 1