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HomeMy WebLinkAbout1999-10-26; Municipal Water District; Resolution 1066x< 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. 1066 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD, CALIFORNIA, FOR APPROVAL AND EXECUTION OF TWO QUITCLAIM DEEDS OF WATER PIPELINE EASEMENT; APN 216-140-30-00, CMWD PROJECT NO. 95-504. WHEREAS, GREYSTONE HOMES, INC., owner of Poinsettia Shores Plan Area C, Lot IO, Condominiums, East Side of Windrose Circle, CMWD Project No. 95-504, have submitted a request for approval and execution of two quitclaim deeds of a water pipeline easement granted to Carlsbad Municipal Water District per document: 1) A Portion of the Existing 20’ Water Easement Recorded November 06, 1958 in Book 7338, Page 303 of Official Records and 2) A Portion of the Existing 20’ Water Easement Recorded August 29, 1961 as File No. 150326 of Official Records. Both easements are lying within Lot 1 of Map No. 13653 in the City of Carlsbad, County of San Diego, State of California and were for water pipeline purposes. Whereas new water facilities have been concurrently and adequately provided for within the public right-of-way of Avenida Encinas and Windrose Circle, and the abandoned water pipeline and easement will no longer be necessary; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it to be in the public interest to approve the two quitclaim deeds attached hereto; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Carlsbad Municipal Water District, as follows: 1. That the above recitations are true and correct. 2. That the Quitclaim Deed conveying a water pipeline easement lying within Lot 1 of Map No. 13653 in the City of Carlsbad, County of San Diego, State of California, CMWD Project No. 95-504, granted to the Carlsbad Municipal Water District, per document: 1) A Portion of the Existing 20’ Water Easement Recorded November 06, 1958 in Book 7338, Page 303 of Official Records and 2) A Portion of the Existing 20’ Water Easement Recorded August 29, 1961 as File No. 150326 of Official Records. recorded October 23, 1961 as File No. 18344 of Official Records, IO longer will be necessary since new water facilities have been concurrently and adequately 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 provided for within the public right-of-way of Avenida Encinas and Windrose Circle, which is on file with the Secretary and is incorporated by this reference, is approved. 3. That the President and the Secretary are authorized and directed to execute said quitclaim deeds. Following the President's signature of the said quitclaim deed, the Secretary is further authorized and directed to cause the original deed to be returned to the owner, GREYSTONE HOMES, INC., 5973 Avenida Encinas, Suite 101, Carlsbad, California, 92008, to be recorded in the Office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 26th day of OCTOBER , 1999, by the following vote to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin ATTEST: / AWA L. WNKFJA#Z, Secretary (SEAL) v KAREN R. KUNDTZ, Assistant Secretary RECORDING REQUESTED BY . GREYSTONE HOMES AND WHEN RECORDED, PLEASE MAIL TO: GREYSTONE HOMES 5973 AVENIDA ENCINAS SUITE 101 CARLSBAD, CALIFORNIA 92008 MAIL TAX STATEMENTS TO: GREYSTONE HOMES 5973 AVENIDA ENCINAS SUITE 101 CARLSBAD, CALIFORNIA 92008 Space above this line for Recorder's Use. The undersigned grantor@) declare(s): Documentary transfer tax is $ 00.0 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Assessor's Parcel No. 21 6-14030-00 Project No. & Name 95-504; POINSETTIA SHORES PLAN AREA C. LOT 10. CONDOMINIUMS. EAST SIDE OF WINDROSE CIRCLE CARLSBAD MUNICIPAL WATER DISTRICT WILLIAM E. PLUMlbER, P.E., Deputy City Engineer 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 GREYSTONE HOMES, INC., all right, title and interest in the property described in Exhibits "A" & "B, consisting of TWO (2) pages, which are attached hereto and made a part hereof. Executed on November 3 I 192, at Carlsbad, California APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL ATTEST: (Notarial acknowledgement of execution of Grantor must be attached.) 1 .. . 10/29/98 Rev. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 On 7%2!!&42; /?q, before me, %7 -- personally appeared Date (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) PZTpersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person$ whose narneH is- subscribed- to the within instrument and acknowledged to me thaehelthey executed the same in eerhheir authorized capacity- and that by @her/their signatur&j-on the instrument the persowor the entity upon behalf of which the person@' acted, executed the instrument. Place Notary Seal Above Signature of Notary Public OPTlONAL 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Nam-ed Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 17 Trustee 0 Guardian or Conservator Cl Other: Signer Is Representing: Q 1997 National Notary Association * 9350 De Sot0 Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 APRIL 21, 1999 J.N. : 971058-3 EXHIBIT "A" QUITCLAIM WATER EASEMENT THAT PORTION OF THE EXISTING 20' WATER EASEMENT GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED AUGUST 29, 1961 AS FILE NO. 150326, OF OFFICIAL RECORDS, LYING WITHIN LOT 1 OF MAP CALIFORNIA, RECORDED JANUARY 31, 1985 IN THE OFFICES OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: NO. 13653 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 1, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE EASTERLY BOUNDARY OF LOT 1 SOUTH 24°31'568' EAST 721.77 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY SOUTH 89O53'36" WEST 21.97 FEET TO A POINT ON THE WESTERLY LINE OF SAID WATER EASEMENT; TANGENT 291.05 FOOT RADIUS CURVE, CONCAVE TO THE VEST, THE RADIAL LINE TO SAID POINT BEARS NORTH 81O16'28" EAST, SAID POINT BEGIN 'ON THE EASTERLY RIGHT-OF-WAY OF AVENIDA ENCINAS PER MAP NO. 11616 RECORDED AS FILE NO. 86-402404, RECORDED SEPTEMBER 12, 1986 IN THE OFFICES OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OFFICIAL RECORDS; THENCE ALONG SAID RIGHT-OF-WAY NORTHERLY AN ARC DISTANCE OF 80.29 FEET THROUGH A CENTRAL ANGLE OF 1S048'24"; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 24O31'56" WEST 9.30 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE LEAVING SAID THENCE NORTH 24"31'56" WEST 628-22 FEET TO A POINT ON A NON- RIGHT-OF-WAY SOUTH 89O57'36" EAST 9.89 FEET TO THE TRUE POINT OF BEGINNING I AREA = 13,722 SQUARE FEET CMWD 95-504 I DA TA J RECORDING REQUESTED BY GREYSTONE HOMES AND WHEN RECORDED, PLEASE MAIL TO: GREYSTONE HOMES 5973 AVENlDA ENCINAS SUITE 101 CARLSBAD, CALIFORNIA 92008 MAIL TAX STATEMENTS TO: GREYSTONE HOMES 5973 AVENIDA ENCINAS SUITE 101 CARLSBAD, CALIFORNIA 92008 The undersigned grantor@) declare@): Documentary transfer tax is $ 00.0 Space above this line for Recorder's Use. Assessor's Parcel No. 216-140-30-00 Project No. & Name 95-504 POINSETTIA SHORES ( ) computed on full value of property conveyed, or PLAN AREA C. LOT 10. CONDOMINIUMS. EAST ( ) computed on full value less value of liens and SIDE OF WINDROSE CIRCLE ( ) Unincorporated area: (x) City of Carlsbad , and CARLSBAD MUNICIPAL WATER DISTRICT encumbrances remaining at time of sale. 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 GREYSTONE HOMES, INC., all right, title and interest in the property described in Exhibits "A" 8, "B", consisting of TWO (2) pages, which are attached hereto and made a part hereof. Executed on November 3. I 19=, at Carlsbad, California ATTEST: APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL (Notarial acknowledgement of execution of Grantor must be attached.) 1 10/29/98 Rev. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 On personally appeared Date Name@) of Signer@) ,hpersonally known to me 0 proved to me on the basis of satisfactory evidence Place Notary Seal Above to be the @%Z@l~(s) whose ms) Qare subscribed to the within instrument and acknowledged to me thatmshelthey executed the same in Wherltheir authorized capacity(.les), and that by @er/their signaturewon the instrument the personfs): or the entity upon behalf of which the person@)- acted, executed the instrument. WITNEq my hand and official seal. fl~b7.7m72L Signature of Notary 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. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Nam-ed Above: Capacity(ies) Claimed by Signer Signer’s Name: tndividual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact D Trustee Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here 0 1997 Naltonal Notary Association - 9350 De Soto Ave., P.O. Box 2402 * Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 APRIL 21, 1999 J.N. : 971058-3 EXHIBIT \\Aff QUITCLAIM WATER EASEMENT THAT PORTION OF THE EXISTING 20' WATER EASEMENT GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED NOVEMBER 6, 1958 IN BOOK 7338, PAGE 303 OF OFFICIAL 'RECORDS, LYING WITHIN LOT 1 OF MAP NO. 13653 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JANUARY 31, 1985 IN THE OFFICES OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY BOUNDARY OF LOT 1 SOUTH 24O31'56" EAST 721.77 FEET TO A POINT ON THE NORTH LINE OF SAID WATER EASEMENT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 24O31'56" EAST '21.97 FEET; THENCE, LEAVING SAID ,EASTERLY BOUNDARY, SOUTH 89O53'36" WEST 182.90 FEET TO A .SOUTHWESTERLY, THE . .RADIAL LINE -.TO SAID .POINT SEARS NORTH 68O43'43" EAST, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF WINDROSE CIRCLE PER MAP NO. 11616 RECORDED SEPTEMBER 12, 1986 AS FILE NO. 86-402404; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY AN ARC DISTANCE OF 21-57 FEET THROUGH A CENTRAL ANGLE OF 01O35'55"; THENCE, LEAVING SAID RIGHT-OF-WAY, NORTH 89O53'36" EAST 181.88 FEET TO THE TRUE POINT OF BEGINNING, POINT OM A HON-TANGENT 773.00 FOOT RADIUS CURVE'.'. CONCAVE CMWD 95-504