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Home My WebLink About2005-04-26; Municipal Water District; 586; Quitclaim Existing Waterline Easement0 w > 0 LT Q 2 .. 2 0 F 0 a n p! a 0 m \B# 586 TITLE: APPROVE AND AUTHORIZE QUITCLAIM OF - AN EXISTING WATERLINE EASEMENT ACROSS LOT 26 AND LOT 27 OF CT 02-1 9 (PR 05-08) IITG. 4/26/05 IEPT. ENG V DEPT. H #.F+Q CITY ATTY. RECOMMENDED ACTION: Adopt Resolution No. 1239 Lot 27 of CT 02-1 9 per Map No. 14892, PR 05-08. to quitclaim an existing waterline easement across Lot 26 and ITEM EXPLANATION : On November 5, 2003, the Planning Commission approved the subdivision CT 02-1 9, Bressi Ranch, located southwest of Greenhaven Drive, north of Poinsettia Lane, and west of El Fuerte. 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 Bressi Gardenlane, LLC, a Delaware limited liability corporation. They have submitted a request to quitclaim that portion of the waterline easement that traverses their property, Le., Lot 26 and Lot 27 of CT 02-19. 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 waterline easement. 2. Resolution No. 1239 to quitclaim an existing waterline easement across Lot 26 and Lot 27 of CT 02-1 9 per Map No. 14892, PR 05-08. 3. Corporation quitclaim deed of easement PR 05-08. DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick8ci.carlsbad.ca.us I L 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. 1239 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO QUITCLAIM AN EXISTING WATER PIPELINE EASEMENT ACROSS LOT 26 AND LOT 27 OF CT 02-19 PER MAP NO. 14892, PR 05-08. WHEREAS, a replacement waterline system has been constructed to serve the levelopment of Bressi Ranch, CT 02-1 9; and WHEREAS, the original waterline system across Lot 26 and Lot 27 of CT 02-19 per Map \lo. 14892 has been removed from service and the original waterline easement is no longer ieeded; and WHEREAS, Bressi Gardenlane, LLC, a Delaware limited liability corporation is the owner hrough which the original easement traverses; and WHEREAS, the owner has submitted a request for quitclaim of the waterline easement granted to Carlsbad Municipal Water District on October 23,1961 per File / Page No. 183352 of Ifficial 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 Carlsbad Municipal Water District (CMWD) quitclaims the existing That the above recitations are true and correct. vaterline easement across Lot 26 and Lot 27 of CT 02-19 per Map No. 14892. IJ I/ I/ I/ I/ I/ I/ I/ I/ 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 if? 17 18 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 Bressi Gardenlane, LLC, a Delaware limited liability corporation. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 26th day of April , 2005 by the following vote, to wit: AYES: Board Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Board Member Lewis MATT HALL, Vice-president ATTEST: n h L'ORRAINE M. WOOD, Secretary (SEAL) 4 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Bressi Gardenlane 1525 Faraday Ave Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: Bressi Gardenlane 1525 Faraday Ave Carlsbad, CA 92008 The undersigned grantor(s) declare(s): IDocumentary transfer tax is $ 00.0 Space above this line for Recorder's Use. Assessor's Parcel No. 21 3-1 22-03-00 Project No. 8, Name CT 02-19, Bressi Ranch PA 11 I( ) computed on full value of property conveyed, or PR 05-08 I( ) computed on full value less value of liens and encumbrances remaining at time of sale. 1: ) Unincorporated area: (x) City of Carlsbad , and CARLSBAD MUNlCl PAL WATER DISTRICT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. ROBERT J. mOJCIK fl QUITCLAIM DEED CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 I, 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 Bressi Gardenlane, LLC, a Delaware Corporation all rights, title and interest in the property described in Exhibits "A' 8, "B", consisting of three (3) pages, which are attached hereto and made a part hereof. Executedon April 29 20 05 , at Carlsbad, California APPR ED AS TO FORM: RO&. BALL, GENERAL COUNSEL CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad BY CLAUDE'A. LEhIS, President MATT HALL, Vice President ORRAINE M. WOOD, Secretary W (Notarial acknowledgement of execution of Grantor must be attached.) H:/Development ServiceslMasterslDeeds-Grant Deeds-EasementslQuitclaim Deed - CMWD (Real Property) 6/1/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sfin 3 \< 40 personally appeared mT LL - } ss. On qfd9- Date do05 , before me, Q**m Name L and Q Title . Sk of Officer Q<(4Qd. (e g , “Jane Doe, dotary (7 Public”) oh#& c I Name@) of Signer@) - \ - Place Notary Seal Above dersonally known to me 0 to the within instrument and acknowledged to me that C&&?4fthe)C executed the same in authorized capacity(-), and that by signature9 on the instrument the pe entity upon behalf of which the person(@ acted, executed the instrument. to1 ESS my hand and official seal. Signature of No& 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. A,Al/n TXEn crm c Description of Attache Title or Type of Document: Document Date: 4 24 0 s I Number of Pages: - Signer(s) Other Than Named Above: 00 fi P Capacity(ies) Claimed by Signer’s Name: m&fl 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Co ervator r: i\ ~t YLs ~cl nr UCoTem) Signer fs Representing: a &m’ f?F QAf-Isud I Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: I I I I I I u 0 2004 National Notary Association 9350 De Soto Ave.. P.O. Box 2402 Chatsworth, CA 9131 3-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-676-6827 LEGEND: LEGAL DESCRIP 77ON: PORllONS OF LOTS 26 AND 27, CARLSBAD TRACT CT 00-06 IN THE ClTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALlFORNlA. lNDlCA TES WA TER EASEMENT QUI TCLAIM WIWM LF WARR EASEMENT - aw w MLS;BAD PROJECT DESIGN CONSUL TANTS 701 B STREET SUITE 800 SAN DIEGO, CAUFORNIA 92101 AREA = 0.134 ACRES, MORE OR LESS SHEETlW2 A. P. N. 213- 122-03 CT 02-19 PR 05-08 @ ACCORDING TO MAP THEREOF NO. 14892. INDICA TES WA TER EASEMENT GRANTED TO CARLSBAD MUNlClPAL WATER DlSTRlCT PER FILE NO. 183352 RECORDED 10-23-61 0. R. INDlCA RES EXlSllNG WATER EASEMENT lNDlCATES PORllON OF WATER EASEMENT TO BE QUlTCLAlMED lNDlCA TES SUBDl WON UNIT BOUNDARY ENGINEER OF WORK PROJECT DESlGN CONSUL TANTS 701 B STREET SUITE 800 SAN DIEGO, CAUFORNIA 92101 NO. 5506 PHn (619) 235-6471 n ROI~ALD E. Row, L.S. 5506 REGlSlRA TlON EXPIRES 9/30/2006 DA TE 1 PPUCAN I- BRESSI VAME GARDENLANZ, LLC IDDRESS 1525 FARADAY AK :ARLSBAD, CALIFORNIA 92008 '\Mapping 1240712407.20 \PLA TS\( I MClNlN MAP NO SCALE WI~M w WAZR GE~VENT - aw w ~~RLSAD APPLJCAN 2 PREPARED B X- NAME GARDENLANE, LLC ADDRESS 1525 FARADAY AM: 701 B STREET SUllE 800 CARLSBAD. CMFORNIA 92008 SAN DIEGO. CALIFORNIA 92101 PROXCT DESIGN CONSUL TAN TS BREW s T: \Mapping\2407\2407.20\PLATS\CITY ESMT OUITCLAIMS\2407 W7R VAC PA 71 LOTS 26 & 27.dwg Mar 23, 2005 - 10:48am wm2w2 A. P. N. 21 3- 122-03 CT 02-19 PR 05-08 EXHIBIT 'A' LEGAL DESCRIPTION FOR QUITCLAIM OF WATER EASENENT THAT PORTION OF A WATER EASEMENT GRANTED PER DOCUMENT RECORDED OCTOBER 23, 1961 AS FILE/PAGE NO. 183352 OF OFFICIAL RECORDS, CONTAINED WITHIN LOTS 26 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 8, 2004, IN THE CITY OF CARLSBAD, COUNTY SAN DIEGO, STATE OF CALIFORNIA. AND 27 OF CARLSBAD TRACT CT 02-19, ACCORDING TO MAP THEREOF NO. 14892 FILED LS 5506 EXPIRATION DATE 9/30/06 C.T. N0.02-19 P.R. N0.05-08 PAGE 1 OF 1 T:\Mapping\2407\2407.20\PLATS\Legals\2407 W"R VAC PA 11 LOTS 26 & 27.doc