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Home My WebLink About2005-04-26; Municipal Water District; 587; Quitclaim Existing Waterline Easement3 4B# 587 TITLE: APPROVE AND AUTHORIZE QUITCLAIM OF UITG. 4/26/05 ACROSS A PORTION OF CT 03-03 - AN EXISTING WATERLINE EASEMENT DEPT. HD r!$p CITY ATTY&S' I (PR 05-07) IEPT. ENG RECOMMENDED ACTION: Adopt Resolution No. 1240 CT 03-03 per Map No. 14800, PR 05-07. to quitclaim an existing waterline easement across a portion of ITEM EXPLANATION: On October 28, 2003, the City Council approved the subdivision CT 03-03, Bressi Ranch, PA 15 located south of Palomar Airport Road, and west of El Fuerte Street. 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 company, Bressi Holding, LLC, a California limited liability company, and LNR Bressi Commercial, Inc., a California corporation. They have submitted a request to quitclaim that portion of the waterline easement that traverses their property, i.e., a portion of CT 03-03, per Map 14800. 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. 1240 to quitclaim an existing waterline easement across a portion of CT 03-03, per Map 14800, PR 05-07. 3. Corporation quitclaim deed of easement PR 05-07. DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwickQci.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. 1240 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO QUITCLAIM AN EXISTING WATERLINE EASEMENT ACROSS A PORTION OF CT 03-03 PER MAP NO. 14800. PR 05-07. WHEREAS, a replacement waterline system has been constructed to serve the development of Bressi Ranch, CT 03-03; and WHEREAS, the original waterline system across a portion of CT 03-03 per Map No. 14800 has been removed from service and the original waterline easement is no longer needed; and WHEREAS, Bressi Gardenlane, LLC, a Delaware limited liability company, Bressi Holding, LLC, a California limited liability company, and LNR Bressi Commercial, Inc., a California corporation, are the owners through which the original easement traverses; and WHEREAS, the owners have submitted a request for quitclaim of the waterline easement granted to Carlsbad Municipal Water District on October 23,1961 per File I Page No. 183352 of Official Records of the San Diego County Recorder. 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 Carlsbad Municipal Water District (CMWD) quitclaims the existing That the above recitations are true and correct. waterline easement across a portion of CT 03-03 per Map No. 14800. Ill Ill Ill Ill Ill Ill Ill Ill Ill 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ii 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 Company. 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 CLAUDE A. LEWi$ President MATT HALL, Vice-president ATTEST: LORRAINE 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): Documentary transfer tax is $ 00.0 Space above this line for Recorder's Use. Assessor's Parcel No. 21 3-1 90-01 -00, 21 3-1 90-02-00 21 3-1 91 -02-00 ( ) computed on full value of property conveyed, or Project No. & Name CT 03-03, Bressi Ranch PA 15 ( ) computed on full value less value of liens and PR 05-07 ~ ~ encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and CARLSBAD MUNICIPAL WATER DISTRICT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. 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 Bressi Gardenlane, LLC, a Delaware Limited Liability Company, Bressi Holding, LLC, A California Limited Liability Company: LNR Bressi Commercial, Inc., A California Corporation all right, title and interest in the property described in Exhibits "A' & "B", consisting of three (3) pages, which are attached hereto and made a part hereof. Executedon Ami1 29 20 05 , at Carlsbad, California APPROVED AS TO FORM: ROW. BALL, GENERAL COUNSEL - 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 BY 1 0 &//a CLAUDE A. LEWIS, President MATT HALL, Vice President H:IDeveloprnent ServiceslMasterslDeeds-Grant Deeds-EasernentslQuitclaim Deed - CMWD (Real Property) 611 100 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California U (1 Name and Title of Officer (e g , "Jane Doe, notary Public") 1 On qfaq-aoos , before me, QOnm personally appeared MATT h Date , Name($ of Signer(s) - CI 1 \ Place Notary Seal Above dersonally known to me to the within instrument and acknowledg @swthpy executed the same in authorized capacity(ygs), and that by signatureaon the instrument the pe entity upon behalf of which the pe executed the instrument. to 2 my hand offi ial seal. m g.%bd J- Signature of Notary Public OPTlONA L 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. itfJ Arm Q40L a03-0~ &pz<; & Description of Attached cument Title or Type of Document: Document Date: -&q 0 < Number of Pages: - Signer(s) Other Than Named Above: f% ne, 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee I Signer's Name: 0 Individual 0 Corporate Officer - Title@): 0 Partner - 0 Limited 0 General Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: I I 0 2004 National Notary Association - 9350 De Solo Ave., P.O. Box 2402 * Chatsworth. CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT 'A' LEGAL DESCRIPTION FOR QUITCLAIM OF WATER EASEMENT THAT PORTION OF A WATER EASEMENT GRANTED PER DOCUMENT RECORDED OCTOBER 23, 1961 AS FILE/PAGE NO. 183352 OF OFFICIAL RECORDS, CONTAINED WITHIN CARLSBAD TRACT CT 03-03, ACCORDING TO MAP THEREOF NO. 14800 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 21, 2004, IN THE CITY OF CARLS- BAD, COUNTY SAN DIEGO, STATE OF CALIFORNIA. - 3/23/6< RONALD E. ROTH ATE LS 5506 EXPIRATION DATE 9/30/06 C.T.NO.03-03 P.R N0.05-07 PAGE 1 OF 1 T:\Mapping\2407\2407.20\PLATS\Legals\2407 WTR VAC PA 15.doc 3 LEGAL DESCRIP 77ON: 9 PPUCAN I- BRESY VAME GARDENLANZ, LLC lDDRESS 1525 FARADAY AM: LEGEND: A.P.N. 213-190-01 213- 190-02 213-191-02 701 B STREET SUITE 800 CT ~ 03-03 PROJEC J DESIGN CONSUL TAN TS CARLSBAD TRACT CT 03-03 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDlNG TO MAP THEREOF NO. lNDlCA TES WA TER EASEMENT QUITCLAIM 14800. AREA = 0.436 ACRES, MORE OR LESS INDICA TES WA TER EASEMENT GRANTED TO CARLSBAD MUNlClPAL WATER DISTRICT PER FlLE NO. 183352 RECORDED 10-23-61 O.R. INDICATES EXlSTlNG WA TER EASEMENT INDICATES PORllON OF WATER EASEMENT TO BE QUlTCLAlMED 1NDlCATES SUBDIWSION UNIT BOUNDARY v\ LA COSTA Bi M) - I A WCINITY MAP N NO SCALE ENGINEER OF WORK: PROCKCT DESIGN CONSUL TAN TS 701 B STREET SUIlE 800 SAN DIEGO, CALIFORNIA 92101 3/23/6 < RONALD E. ROTH, L.S. 5506 REGISTRA llON EXPIRES 9/30/2006 DA TE EXHIBIT 'B' I WIWM W WATER EASEVENT - WTY W CARLSAD I SHEET1 cy2 :ARLSBAD, CALIFORNIA 92008 I SAN DIEGO, CALIFORNIA 92101 I PR 05-07 I I \Mapping\2407\2407.20\PLAE\CITY ESMT QUITCLAIMS\2407 WTR VAC PA 15.dwg Mar 23, 2005 - 10:45am GRAPHIC SCALE N WI~M t~ WAER EXEMENT - aw t~ CARLSAD PREPARED B APPLICAN Z NAME GARDENLANE, LLC ADDRESS 1525 FARADAY AM ,~ 701 B STREET SUITE 800 CARLSBAD, CALIFORNIA 92008 SAN DIEGO, CALIFORNIA 92101 PROKCT DESIGN CONSUL TAN TS BRESSI ~€€TZWZ A. P. N. 213-190-01 213- 190-02 213- 19 1 - 02 CT 03-03 PR 05-07