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CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
I I - TITLE: APPROVE AND AUTHORIZE QUITCLAIM OF
AN EXISTING WATERLINE EASEMENT
ACROSS LOT 4 OF CT 00-06
I DEPT. Hb." I CITY ATTY. &
(PR 04-85) DEPT. ENG
RECOMMENDED ACTION:
Adopt Resolution No. 1242
CT 00-06 per Map No. 14600, PR 04-85.
to quitclaim an existing waterline easement across Lot 4 of
ITEM EXPLANATION:
On June 5, 2002, the Planning Commission approved the subdivision CT 00-06 Bressi Ranch
located South of Palomar Airport Road along both sides of El Fuerte, north of Poinsettia Lane and
east of El Camino Real. 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 owner of the land through which the old easement traverses is Bressi Ranch
Development LLC, a Delaware limited liability company. They have submitted a request to quitclaim
that portion of the waterline easement that traverses their property, Le., Lot 4 of CT 00-06.
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. 1242 to quitclaim an existing waterline easement across Lot 4 of
CT 00-06 per Map No. 14600, PR 04-85.
3. Corporation quitclaim deed of easement PR 04-85.
DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us
LO CAT1 0 N MAP
A.
tior TO SCALE
IPROJECT NAME QUITCLAIM OF WATERLINE EASEMENT LOT 4 OF CT 00-06
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RESOLUTION NO. 1242
A RESOLUTION OF THE BOARD OF DIRECTORS OF
CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO
QUITCLAIM AN EXISTING WATERLINE EASEMENT
ACROSS LOT 4 OF CT 00-06 PER MAP NO. 14600, PR 04-85.
WHEREAS, a replacement waterline system has been constructed to serve the
development of Bressi Ranch, CT 00-06; and
WHEREAS, the original waterline system across Lot 4 of CT 00-06 per Map No. 14600
has been removed from service and the original waterline easement is no longer needed; and
WHEREAS, Bressi Ranch Development LLC, a Delaware limited liability company is the
owner through 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 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 Lot 4 of CT 00-06 per Map No 14600.
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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 Bressi Ranch Development LLC, a Delaware
imited liability company.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Nater District held on the 10th day of May , 2005 by the following vote, to wit:
AYES: Board Members Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Board Member Lewis
MATT HALL, Vice-president
4TTEST:
(SEAL)
4
RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
Bressi Ranch Development
1525 Faraday Ave Carlsbad, CA 92008
MAIL TAX STATEMENTS TO:
Bressi Ranch Development
1525 Faraday Ave Carlsbad, CA 92008
Space above this line for Recorder's Use.
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 00.0
Assessor's Parcel No. 21 3-120-04-00
Project No. & Name CT 00-06, Bressi Ranch
( ) computed on full value of property conveyed, or PR 04-85
( ) computed on full value less value of liens and
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 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 Bressi Ranch Development LLC, a Delaware limited liability company 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 May 11 I
20 05 , at Carlsbad, California
CARLSBAD MUNICIPAL WATER DISTRICT,
a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of
Carlsbad 1 .I fir
MATT WLL, Vice-president
URRAI NE , OOD, Secretary
APPROVED AS TO FORM: D R. BALL, GENERAL COUNSEL
//. or.
(Notarial acknowledgement of execution of Grantor must be attached.)
H:/Development ServiceslMasterslDeeds-Grant Deeds-EasementslQuitclaim Deed - CMWD (Real Property)
State of California 1
County of LQ 1
personally appeared W& Ma
On 14~~6 before me, %h~ 0 a- u n
&rsonally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person@
whose name- subscribed to the within instrument and
a nowledged to me that(@&d/tbe$ executed the ame in & i authorized capacityCles2;' and that by&W signaturem on the instrument the personw, or the entity upon
behalf of which the person@ acted, executed the instrument.
WITNESS, my hand and official seal.
(This area for official notary seal.) SIGNATURE OF NOTARY
Title or Type of Document fl ,-if C\a;m TW ed
~o.ofpages 1 Date of Document
Signer(s) other than named above
,5 - 1 \ - 0-7 -
CMWD
H:/Development ServiceslMasterslDeeds-Grant Deeds-Easements/Quitclairn Deed - CMWD (Real Property) 611 100 In
EXHIBIT ‘A’
LEGAL DESCRIPTION
FOR
QUITCLAIM OF WATER EASEMENT
THAT PORTION OF A WATER EASEMENT GRANTED PER DOCUMENT RECORDED OCTOBER 23 ,
:L961 AS FILE/PAGE NO. 183352 OF OFFICIAL RECORDS, CONTAINED WITHIN LOT 4 OF
CARLSBAD TRACT CT 00-06, ACCORDING TO MAP THEREOF NO. 14600 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 29, 2003, IN THE CITY
OF CARLSBAD, COUNTY SAN DIEGO, STATE OF CALIFORNIA.
/2- 22-84
DATE PETER C. GOLDING
LS 4768
EXPIRATION DATE 12/31/06
C.T. NO.00-06
P.R NO. 04-85
T: \&fapping\2407\2407 .20\PLATS\Legals\2407 VAC PA 4.docPAGE 1 OF 1
7
LEGEND:
A PPUCAN E
NAME GARDENME UC
4DDRESS 1525 FARADAY AM:
GIRLSAD, CAUFMNIA 92008
BRE-
-
LEGAL OESCR/PnoN..
PRWClDEYGN CayvSuL TAN7S
701 B SlREET SUITE 800
SAN DIEGO, CAUFORNIA 92101
INDICATES WATER EASEMENT QUITCLAIM
AREA = 0.346 ACRES, MORE OR LESS
LOT 4, CARLSBAD TRACT CT 00-06
IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE of CALIFORNIA,
ACCORDING TO MAP THEREOF NO.
14600. @ INDICATES WATEiR EASEMZNT GRANED TO CARLSBAD MUNICIPAL WATER DISRICT PER nLE NO. 183352 RECORDED 10-23-61 0. R.
A MCININ MAP
ENGINEm OF WRk
PROJEClDESlW CONSUL TAN TS
701 B STREET SUITE 800
SAN DIEGO, CAUFCRNIA 92101 PHONE (619) 235-6471
PETER C. GWING, L.S. 4768 0 DATE
REGISTRATION EXPIRES 3/31/2006
-N- NO SCALE
EXHIBIT 'B' sHEiFT1 w2
A. P. N.
213-120-04
CT 00-06
PR 04-85
q
I GRAPHIC SCALE
?
4PPUCANF BRESSl NAME GARDENLANZ, UC
4DURES 1525 FARADAY AE
CARLSAD, CALIFW?NIA 92008
(m=) 1 inch = 300 ft.
A. P. N. 213- 122-04
PREPARED BF
PRMC lDESYGN CONSUL TAN TS
701 B STREET SUITE 800 CT ~ 00-06
SAN DIEGO' CAUF5WNIA 92101 PR 04-85
6 \Mapphg\2407\2407.20\PLATS\2407 WTR VAC PA 4.dwg Dec 22, 2004 - ll:33am 3
May 13,2005
Bressi Ranch Development
1525 Faraday Avenue
Carlsbad, CA 92008
RE: QUITCLAIM OF WATERLINE EASEMENT - CT 00-06 (PR 04-85)
The Carlsbad Municipal Water District, at its meeting of May IO, 2005, adopted
Resolution No. 1242, approving the quitclaim of an existing waterline easement across
Lot 4 of CT 00-06 per Map No. 14600, PR 04-85 to Bressi Ranch Development LLC,
Delaware limited liability company.
The original fully executed Quitclaim is enclosed so that you can have it recorded with
the San Diego County Recorder.
Sincerely,
I
.- .b LL.0 :$&*q..&-\-L
Sheila R. Cobian
Deputy City Clerk
1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1989 0 (760) 434-2808 @