HomeMy WebLinkAbout2005-11-01; Municipal Water District; 605; Quitclaim Existing Waterline EasementCARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL
B# 605 TITLE: APPROVE AND AUTHORIZE QUITCLAIM OF DEPT. HD.
ITG. 11/01/05 ACROSS LOT 8 OF CT 98-07 CITY ATTY.
AN EXISTING WATERLINE EASEMENT
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RECOMMENDED ACTION:
Adopt Resolution No. 1258
98-07 per Document No. 1999-0787037, PR 05-85.
to quitclaim an existing waterline easement across Lot 8 of CT
ITEM EXPLANATION:
On April 20, 2005, the Planning Commission approved the Conditional Use Permit 04-24, Pure
Fitness Center, located west of El Camino Real and south of Palomar Airport Road. The project was
required to dedicate a new waterline easement for a pipeline to serve the development and to
remove the old pipeline and quitclaim the easement located under the proposed swimming pool.
The construction of the new water pipeline has been completed and the old pipeline has been
removed. The owner of the land through which the .old easement traverses is Calwest Industrial
Properties, LLC, a California limited liability company. They have submitted a request to quitclaim
that portion of the waterline easement that traverses their property, i.e., a portion of Lot 8 of CT 98-
07.
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 tht 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 applicant has paid the
standard fee for processing this quitclaim.
EXHIBITS:
1. Location map for quitclaim of waterline easement.
2. Resolution No. 1258 to quitclaim an existing waterline easement across Lot 8 of CT
98-07 per Document No. 1999-0787037, PR 05-85.
3. Corporation quitclaim deed of easement PR 05-85.
DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@,ci.carlsbad.ca.us
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&(C'/IT 02-
RESOLUTION NO. 1258
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
MUNICIPAL WATER DISTRICT (CMWD) TO QUITCLAIM AN EXISTING WATER PIPELINE EASEMENT ACROSS A PORTION OF
LOT 8 CT 98-07 PER DOCUMENT NO. 1999-0787037. PR 05-85.
WHEREAS, a replacement waterline system has been constructed to serve the
development of Pure Fitness, CUP 04-24; and
WHEREAS, the original waterline system across a portion of Lot 8 of CT 98-07 per
Document No. 1999-0787037 has been removed from service and the portion of original waterline
sasement is no longer needed; and
WHEREAS, Calwest Industrial Properties, LLC, a California limited liability company is the
3wner through which the original easement traverses; and
WHEREAS, the owner has submitted a request for quitclaim of the waterline easement
jranted to Carlsbad Municipal Water District on December 2, 1999 per Doc. No. 1999-0787037 of
:he 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 a portion of the
?xisting waterline easement across Lot 8 of CT 98-07 per Document No. 1999-0787037.
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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 Calwest Industrial Properties, LLC, a California
limited liability company.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Water District held on the 1st day of November , 2005 by the following vote, to wit:
AYES: Board Members Lewis, Hall, Packard, Sigafoose
NOES: None
Board Member
ATTEST
(SEAL)
RECORDING REQUESTED BY
AND WHEN RECORDED, PLEASE MAIL TO:
Calwest Industrial Properties 21 31 Palomar Airport Road Carlsbad, CA 92009
MAIL TAX STATEMENTS TO:
Calwest Industrial Properties 21 31 Palomar Airport Road Carlsbad, CA 92009
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 00.0
Space above this line for Recorder's Use.
Assessor's Parcel No. 213-020-14
Project No. & Name Pure Fitness, CUP 04-24
( ) computed on full value of property conveyed, or
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad , and
Water service easement quitclaim
( ) computed on full value less value of liens and PR 05-85
CARLSBAD MUNICIPAL WATER DISTRICT
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged. - ROBERT J. mJCIK 4
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 Calwest Industrial Properties, LLC, a California limited liability company all right,
title and interest in the property described in Exhibits "A" & "B", consisting of 3 pages, which are attached hereto and
made a part hereof.
he Municipal Water
trict of the City of
APPROVED AS TO FORM:
ROW R. BALL, GENERAL COUNSEL
BY - a:- [(- 3 -as* ?%..?[ IFOR*>py-\:- \,e 5 * ....... 9 (Notarial acknowledgement of execution of Grantor must be attached.) //
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H:/Development ServiceslMasterslDeeds-Grant Deeds-Easernents/Quitclaim Deed - CMWD (Real Property) 611 100
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State of California 1 J
County of hm bo
personally appeared - /!&.D; s
dpersonally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(@
whose nameCsJ@am subscribed to the within instrument and
acknowledged to me that@&%&ky executed the same in
wr authorized capacityCle4), and that by mkenwlteih
(This area for official notary seal.)
signature(Hon the instrument the person@, or the entity upon
behalf of which the personM acted, executed the instrument.
WITNESS, my hand and official seal.
Title or Type of Document
Date of Document
Signer(s) other than named above
(%tc\a\.m -betd
No. of Pages
CMWD
H:/Development ServiceslMasterslDeeds-Grant Deeds-EasementslQuitclaim Deed - CMWD (Real Property)
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SHEEX’ 1 OF 1
EXHIBIT “A”
WATER LINE EASEMENT QUITCLAIM
CUP 04-24
PR 05-85
A PORTION OF THE WATER EASEMENT FOR THE WATER LINE SERVICING LOT 8 OF CARLSBAD
PARTICULARLLY DESCRIBED AS FOLLOWS:
TRACT 98-07, EASEMENT RECORDED DECEMBER 2,1999 AS DOCUMENT NO. 1999-0787037, MORE
COMMENCING AT THE SOUTHERLY TERMINUS OF THE COURSE IN SAID DOCUMENT NO. 1999-
0787037 DESCRIBED AS “SOUTH 080 08’ 55” WEST, 44.91 FEET”; THENCE CONTINUING ALONG SAID
WATER EASEMENT, SOUTH 810 51’ 05” EAST, 15.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 810 51’ 05” EAST 31.39 FEET; THENCE SOUTH 080 08’ 55” WEST, 20 FEET; THENCE
NORTH 810 51’ 05” WEST, 31.39 FEET; THENCE NORTH 080 08’ 05” EAST 20 FEET TO THE TRUE POINT
OF BEGINNING.
AREA OF QUITCLAIMED EASEMENT = 627.80 SQ FT
PREPARED BY:
T. E. NORTHUP ’
CE 20727 EXP9-30-05
VICINITY MAP
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LEGAL DESCRIPTION
PORTION OF LOT 8 OF CARLSBAD
TRACT NO. 98-07 PER MAP NO.
13716 RECORDED DEC. 31,1998 EXHIBIT "B"
=7 L EADING EDGE ENGINEERING I Quitclaim of Water Easement I SHT 1 OF 2 SHTS
pREPAR-- ---
T. E NORTHTJP I
13240 Evening Creek Drive #313 San Diego. Ca 92128
858-513-1203 / 1205 la^
MN. 213 - 020 - 14 Purefitness
6215 El Camino Real
Carlsbad. Ca. 9201 1
EXISTING WATER EASEMENT TO
CARLSBAD MUNICIPAL WATER
DISTRICT PER DOC. NO. 1999.0787037
S 080 08 55” W 44.91 ’
S 08008’ 55” W 316.51’
S 080 08’ 55” W 20.00
N 810 51’ 05” W 46.39 SCALE: 1‘ = loo’
08008’ 55” W 316.51’
-----.-_____ -----___ -----__.____ -----_______
LEGEND: \
P.0.C POINT OF COMMENCEMENT
T.P.0.B TRUE POINT OF EEGINNEING DETAIL
SCALE: 1” = 40 QUITCLAIMED
EXHIBIT “B” AREA 627.80SQR
Quitclaim of Water Easement I SHT 2 OF 2 SHTS I 9 L EAEADING EDGE ENGINEERING
13240 Evening Creek Drive #313 San Diego. Ca 92128
8W513-1203 / 1205 fa^
For:
PureFitness
6215 El Camino Real
Carlsbad, Ca. 92011
PREPARED BY I T.E.NORTHUP
I I RCE 20727 Exp. 9/30/05
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