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Home My WebLink About2024-07-23; Municipal Water District; Resolution 1745RESOLUTION NO. 1745 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT QUITCLAIMING A WATER EASEMENT OVER TRACT NO. 246 OF MAP NO. 1681 LOCATED AT THE VALLEY MIDDLE SCHOOL CAMPUS, 1645 MAGNOLIA AVENUE, PD2023-012, VAC2023-0004 WHEREAS, the Carlsbad Municipal Water District, or CMWD, has determined that the Carlsbad Unified School District, the property owner of Tract No. 246 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 1681 thereof, filed in the Office of the County Recorder-of San Diego County on Dec. 9, 1915, have filed an application with CMWD to quitclaim a water easement over their property; and WHEREAS, on May 23, 1994, a water easement was dedicated to the CMWD as Instrument No. 1994-337945; and WHEREAS, the water easement is no longer required for the purpose for which it was granted, nor will it be needed for any future public water purpose. NOW, THEREFORE, BE IT RESOLVED by the CMWD Board of Directors of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the quitclaim deed, attached hereto as Attachment A, on file with the Secretary of the CMWD Board of Directors and incorporated herein by reference, is approved. 3. That the CMWD Board President is authorized to execute the quitclaim deed attached hereto as Attachment A, and the Secretary of the CMWD Board of Directors is hereby authorized to record said document. PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District Board of Directors of the City of Carlsbad on the 23rd day of l!!!.Y, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, President SHERRY FREISINGER, Secretary (SEAL) RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Attachment A --------------'--------SPACE ABOVE THIS LINE FOR RECORDER'S USE ---- QUITCLAIM DEED OF EASEMENT The undersigned grantor(s) declare(s): Assessor's Parcel No(s).: 205-220-33-00 Documentary transfer tax is $ 0 (easement) ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and Project ID: PD2023-0012 Related Project ID(s): VAC2023-0004 encumbrances remaining at time of sale ) Unincorporated area: ( X ) City of Carlsbad Project Name: Valley Middle School Campus Modernization. 1645 Magnolia Avenue Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911 , and a subsidiary district of the City of Carlsbad ("Grantor''), for a valuable consideration, the receipt and adequacy of which are hereby acknowledged, does hereby remise, release, and quitclaim to Carlsbad Unified School District ("Grantee") all right, title, and interest in the property described in Exhibit A attached hereto and made a part of hereof. Exhibit Bis attached for clarity only. GRANTOR: 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 ~ KEITH ~ ATTEST: ~fZ2zlc~ SHERRY FREISINGER, Secretary Doc ER-11-06 01/25/2024 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego } On July 25, 2024 before me!,,~ !{;_~~I ,1~ personally appeared _K_e_it_h_B_l_ac_k_b_u_r_n ____________ ---:----- who proved to me on the basis of satisfactory evidence to be the persori(s) whose name(-s-)@are subscribed to the within instrument and acknowledged to me that ~he/they executed the same in@ier/their authorized capacity(ies), and that by ~er/their signature(-s-) on the instrument the perso_n(s), or the entity upon behalf of which the person(-s-) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. l@· TAMARA R. CLOUD-IICIIINN.l ..-COMM. #2407464 z ~ Notary Public • California ~ z San Diego County ... 1 .. •· ~ Comm. Expires June 8, 2026 [ CL~111tb£~ Notary Public Signature (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION Thisform complies with current California statutes regarding notary wording and, DESCRIPTION OF THE A TT ACHED DOCUMENT if needed, should be completed and attached 10 the document. Acknowledgments from other states may be completed for documents being sel'JI to that state so long as the wording does not require the California notary to violate California notary Jaw. (Title or description of attached document) • State and County infonnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages __ Document Date____ commission followed by a comma and then your title (notary public). • Print the narne(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) D Partner(s) D Attorney-in-Fact □ Trustee(s) □ Other _________ _ www.NotaryClasses.com 800-873-9865 • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /f¼fe ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached docun1ent, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. EXHIBIT'~" LEGAL DESCRIPTION PD2023-0012 VAC2023-0004 A STRIP OF LAND 15 FEET IN WIDTH OVER THAT PORTION OF TRACT NO. 246 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, BEING THAT CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT RECORDED MAY 23, 1994 AS DOCUMENT NO. 1994-0337945. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THE CENTERLINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF HIGHLAND DRIVE AND MAGNOLIA AVENUE AS SHOWN ON SAID MAP; THENCE ALONG SAID CENTERLINE OF MAGNOLIA AVENUE NORTH 61°21'00" EAST 509.30 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 28°39'00" EAST 30.00 FEET TO THE NORTHWESTERLY LINE OF SAID TRACT 246 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE OF SAID 15 FOOT STRIP OF LAND SOUTH 28°39'00" EAST 61.00 FEET; THENCE SOUTH 25°21'00" WEST 24.00 FEET; THENCE SOUTH 20°09'00" EAST 159.00 FEET; THENCE SOUTH 10°09'00" EAST 40.00 FEET; THENCE SOUTH 14°39'00" EAST 91 .00 FEET TO THE POINT OF TERMINATION . THE SIDELINES OF SAID STRIP SHOULD BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS MAKING A CONTINUOUS LINE. CONTAINING 5625 SQUARE FEET OR 0.129 AGERS, MORE OR LESS EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATE: PASCO LARET SUITER I fa.\$$0Cifa.\1i'IE$ San Diego I Encinitas I Orange County Phone 858.259.82121 www.plsaengineering.com PLSA 3483 PD2023-0012 VAC2023-0004 EASEMENT QUITCLAIM SHEET 1 OF 1 _J a (") "!- ~ I--. l) ~ 1-- EXH IBIT "B" PLAT MAGNOLIA AVENUE P.O.C. L a (") -1--=---N6-~1~02~1.,...,,·o.,,.,o·=·E + 509.30' 7 .,... (N61°21'00"E 1152.55' R1 ...J a (") 30' 30' ~ ~ ..... a:: 0:: a a 0 a ~ ~ (0 <( ~ -J 0) :r: r, (!) ~ :i: ~ 30' 30' I 30' 30' NW'LY LINE 0 TRACT246 ~,f>,tro \}\)'\ " ~ ~ '\<;;-'rf "ro<o '\~~-~ <?o ~ -+- REFERENCES: R1 -MAP 1681 LINE TABLE: L 1 s2s•39•oo"E 30.00· L2 s2s•39•oo"E 61.00· L3 s2s·21·oo"W 24.oo· L4 s20•09•oo"E 159_00· LS s10•09•oo"E 40.00· L6 S14°39'00"E 91.00' ~Co <:)~ ~~rp EXISTING 15.00' WIDE WATER LINE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED MAY 23, 1994 AS DOCUMENT NO. 1994-0337945, O.R. 15'0 1, APN: 205-220-33 ~':) ~I() t'\ fl) 1,5•0 ~V~(J ~I\ I ~ ~ "~ '(Q;;J It '\~~-~~ I I P.O.T. <?o NOTE: IND/CA TES WATER LINE 0 EASEMENT QUITCLAIMED HEREON 5625 SQ.FT. (0.129 ACRES) LEGEND: PROPERTY LINE RIGHT-OF-WAY LINE -----CENTER LINE --------EASEMENT LINE ~ ..... 0:: a 0 ~ (0 ~ 0) (") 0 ~ ~ '--'- G-::::2' ZD':Z ZJ EXISTING WATERLINE EASEMENT TO BE QUITCLAIMED HEREON. P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING P.O.T. POINT OF TERMINATION (N61 °21'00"E 1152.55' R1) 30' 30' I-LU "!-LU lC) ~ C\J Cl) I I-- >--l) LU ~ -J -J § I 30' 30' I L --+- SE'LY LINE 0 TRACT246 NW'L Y LINE OF TRACT247 APN: 207-010-27 TRACT24 VICINITY MAP MAGNOf,IA f-V~,- VALLEY ~ MIDDLE f-'. THIS PLAT WAS PREPARED BY MEO UNDER MY DIRECTION. {kr,r,__ :l-'5t· 2£>2 Cl SCHOOL C/J z -------''--''----"-..L-..L..--"---' 1;j ::s ..J I ..J l~TAMARACK-----J~ ~ I -'lvs ~~rJEANNE PL-• -, PASCO LARET SUITER SCALE = 1" = 100' PD2023-0012 VAC2023-0004 EASEMENT QUITCLAIM I fa\$$0/CIJA\"ii'IE$ San Diego I Encinitas I Orange County Phone 858.259.82121 www.plsaengineerlng.com PLSA 3483 SHEET 1 OF 1