HomeMy WebLinkAbout2004-01-20; Municipal Water District; 563; Waterline easement quitclaimiB# 563
ITG. 01/20/04
IEPT. ENG
n
a e
a
w 5
II
.. z 0 F 0 a n
m
z 0
TITLE: - APPROVE AND AUTHORIZE QUITCLAIM OF
AN EXISTING WATERLINE EASEMENT
CITY MGRa ACROSS LOTS 1 THROUGH 5 OF CT 97-09
PR 00-96
RECOMMENDED ACTION:
Adopt Resolution No. 1200
through 5 of CT 97-09 per Map No. 14038.
to quitclaim an existing waterline easement across Lots 1
ITEM EXPLANATION:
On June 17, 1998 the Planning Commission approved the subdivision CT 97-09 La Costa Lucky
Sav-on Shopping Center at the northeast corner of El Camino Real and La Costa Avenue. The
project was conditioned to dedicate a new waterline easement for pipelines to serve the
development and to abandon or remove the old pipelines and quitclaim the easement for the
pipelines that served the previous land uses.
The construction of the new water pipelines has been completed and the old pipelines have been
rendered inactive. The owners of the land through which the old easement traverses are American
Stores Properties, Inc., a Delaware corporation, Grant Tucker Properties, a California limited liability
company, and Carlsbad Fuels Corp., a California corporation. They have submitted a request to
quitclaim those portions of the waterline easement that traverse over their property; Le., Lots 1
through 5 of CT 97-09.
Staff concurs with the owners that there are no waterline facilities within the original easement and
the easement is no longer necessary. The easement can be quitclaimed to the owners.
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 may have a significant effect on the environment.
FISCAL IMPACT:
The original waterline easement was granted to the District for a no cost acquisition and the District
will quitclaim the easement for a no cost return to the property owners. The owners have paid the
standard fee for processing this quitclaim.
EXHIBITS:
1. Location map for quitclaim of water pipeline easement.
2. Resolution No. 1200 to quitclaim an existing water pipeline easement across Lots 1
through 5 of CT 97-09 per Map No. 14038
3. Corporation quitclaim deed of easement PR 00-96.
DEPARTMENT CONTACT: Frank Jimeno, (760) 602-2758, fiime@ci.carlsbad.ca.us
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. 1200
A RESOLUTION OF THE BOARD OF DIRECTORS OF
CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO
QUITCLAIM AN EXISTING WATER PIPELINE EASEMENT
ACROSS LOTS 1 THROUGH 5 OF CT 97-09 PER MAP NO.
WHEREAS, a replacement waterline system has been constructed to serve the
jevelopment of La Costa Lucky Sav-on Shopping Center, CT 97-09; and
WHEREAS, the original waterline system across Lots 1 through 5 of CT 97-09 per Map
10. 14038 has been removed from service and the original waterline easement is no longer
ieeded, and
WHEREAS, American Stores, Inc., a Delaware corporation, Grant Tucker Properties, a
2alifornia limited liability company, and Carlsbad Fuels Corp., a California corporation are the
3wners through which the original easement traverses; and
WHEREAS, the owners have submitted a request for quitclaim of the water pipeline
5asement granted to Carlsbad Municipal Water District on August 1, 1973 per File 73-21 2527 of
3fficial Records of the San Diego County Recorder.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal
Nater 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) quitclaims the existing water
iipeline easement across Lots 1 through 5 of CT 97-09 per Map No 14038.
/I
Il
I/
/I
Il
Il
Il
2
<
I(
1'
1;
1:
14
1:
1E
li
1E
19
20
21
22
23
24
25
26
27
28
3. That the President is authorized to execute the deed and the Secretary is hereby
authorized to release the original quitclaim deed to Bradley and Blayne Harvey Family Trust,
Frank W. and Ellen M. Turnbull, and Cary E. and Nancy P. Thomas.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Water District held on the 20th day of January , 2004 by the
following vote, to wit:
AYES: Board Members Lewis, Finnila, Kulchin, Hall and Packard
4TTEST /i
(SEAL)
BATIQUITOS LAGOON LA COSTA GO1 F COURSE
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
Grant Tucker Properties
P. 0. Box 7974
Newport Beach, CA 92658
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor@) declare@):
Documentary transfer tax is $o.oO
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
( ) Unincorporated area: (x) City of Carlsbad, and
Assessor's Parcel No.
Project No. & Name:
CT 97-09, La Costa Plaza
Quitclaim of Water Pipeline Easement
216-580-01 to 05
PR 00-96
encumbrances remaining at time of sale
CORPORATION QUITCLAIM DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Carlsbad Municipal Water District, a Public Agency or anized under the Municipal Water Act of 191 1 , and a Subsidiary district of the City of 2 arlsbad
company (A b Ns 216-580-03 through 05), and (! arlsbad Fuels Corp., a California
or anited under the laws of the State of California does hereby REMISE, RELEASE, AND F~REVER quitclaim to:
the underlying jropert corporation A
corporation (APN 21 6-580-02)
owners: American Stores Properties, Inc, a Delaware 21 6-&0-01), Grant Tucker Pro erties, a California limited liability
the following described real property in the City of Carlsbad, County of San Diego, State of California: a water pipeline easement as described in Exhibit "A" consistin of one page(s), attached hereto and made a part hereof. Exhibit "B" consisting of two pagefs) is attached for clarity only.
(SEAL)
J
H.\Dwek$mlonl S~I~~~~WROJECTS\CT FILES\CT 9743 La Coda Lucky Sava Sh Ctr - Jimsno\Deeds-EasmIr\CORP OIUTCWM OF EASEMENT CMWD PR 00- 96 doc 6/1100 Is
,-
REVISED SEPTEMBER 29, 2000
JUNE 21, 2000
JOB NO. 96-1033
EXHIBIT "A"
LEGAL DESCRIPTION
WATER EASEMENT QUITCLAIM
SHEET 1 OF 1
PR00-96
ALL THAT PORTION OF LOTS 1 THROUGH 5, INCLUSIVE, OF MAP NO.
14038, RECORDED SEPTEMBER 15, 2000 IN SECTION 35, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF, SAID EASEMENT IS MORE PARTICULARLY DESCRIBED IN
DOCUMENT RECORDED AUGUST 1, 1973 AS FILE NUMBER 73-212527.
AREA = 28,146 SF
/No. 2721 4 ,a/a?/os
AEam
WAER asE,unvr QUITCLAM
-00- SUBDMSIOff BOUNM): C.I: 97-09
RIGHT-Of- WAY (RBI Lor UNE ------ EXISTING E4SEMEffT LINES - I
PORTION OF LOTS 1 WROUGH
5 OF MP NO. 14038
..
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof S4d BIGGO } ss.
slu On JAnl.21; ab 04, , before me, &6U Name and mtle &WTA of Officar (a g , "Jane boe. Notary PuMd)
/
I Data
personally appeared cMuDt5 A. &%IS I
Name(s) of %ner(S)
xpersonally known to me 0 proved to me on the basis of satisfactory
evidence
Place Notary Seal Above
to be the persono+ whose nameM is/-
subscribed to the within instrument and
acknowledged to me that he/- executed
the same in hislkeFCICttir authorized capacity@@, and that by hislhefkkir
signatur-on the instrument the personM, or
the entity upon behalf of which the personw
acted, executed the instrument.
WITNESS my hand and official seal.
OPTlONAL
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: cO@b mrJ QULTiPA& M Da SP Em8it 7&7
Document Date: 200 4 Number of Pages: 4
Signer(s) Other Than Named Above:
ntznr I
Capacity(ies) Claimed by
Signer's Name: fim U b
0 Individual -A 4
z.= -,' I . %e+- 0 Partner - 0 Limited [? General $ <. 0 Attorney in Fact
,-- & 0 Trustee ?A*& . - 1 0 Guardian or Conservator *.+..r!
0 Other:
~4 corporate Officer - Titte(s): f eC /Sf "Y,Y I
.'5 --e*
1 Signer Is Representing:
Q 1997 Natimal Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 913132402 Prod. No. 5907 Reorder: Call Tdl-Free 1-800876-6827
?
January 23,2004
Grant Tucker Properties
P.O. Box 7974
Newport Beach, CA 92658
To Whom It May Concern:
The January 20, 2004, mee,ing of the City of Carlsbad, Municipal Water
District, approved the quitclaim of an existing water pipeline easement to
American Stores Properties, Inc., a Delaware corporation; Grant Tucker
Properties, a California limited liability company; and Carlsbad Fuels Corp., a
California corporation.
The original is enclosed so that you can have it recorded in the office of
the San Oiego County Recorder, (760) 630-1219.
Please contact me if you have any questions concerning this matter.
Sincerely,
k +--?ST
Marcia Long
Senior Office Specialist
Enclosure (1)
1200 Carlsbad Village Drive Carlsbad. CA 92008-1989 (760) 434-2808 @