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HomeMy WebLinkAbout1999-12-07; Municipal Water District; Resolution 10681 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 0 @ RESOLUTION NO. A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD, CALIFORNIA, FOR APPROVAL AND EXECUTION OF A QUITCLAIM DEED OF WATER PIPELINE EASEMENT; APN 212-120-28, CMWD PROJECT NO. 97-276 WHEREAS, DIVERSIFIED CARLSBAD 47 & 48, LLC, a California Limited Liability 2ompany, owner of that portion of Lot 48 of Carlsbad Tract No. 85-24, Unit N0.3 in the City of zarlsbad, County of San Diego, State of California According To Map Thereof No. 11810. This ?asement was for water pipeline purposes and was granted to Carlsbad Municipal Water District >er document: Grant Deed of Water Line Easement recorded July 23, 1998 as Document No. 1998-0458764 in the Office Of The County Recorder of San Diego County. Whereas new water facilities have been concurrently and adequately provided for within m adjacent property (Lot 49) and no water line was ever constructed within that portion of Lot 18; that section of the easement will no longer be necessary; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has letermined it to be in the public interest to approve the quitclaim deed attached hereto; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Carlsbad ulunicipal Water District, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed conveying a water pipeline easement lying within that portion If Lot 48 of Carlsbad Tract No. 85-24 Unit No3 in the City of Carlsbad, County of San Diego, State of California According To Map Thereof No. 11810; granted to Carlsbad Municipal Water listrict per document: Grant Deed of Water Line Easement recorded July 23, 1998 as locument No. 1998-0458764 in the Office Of The County Recorder Of San Diego County has Ieen deemed no longer necessary as new water facilities have been concurrently and Idequately provided for within an adjacent property (Lot 49) and no water line was ever :onstructed within that portion of Lot 48; which is on file with the Secretary and is incorporated by his reference, is approved. 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 3. That the President and the Secretary are authorized and directed to execute said quitclaim deed. Following the President’s signature of said quitclaim deed, the Secretary is urther authorized and directed to cause the original deed to be returned to the owner, IIVERSIFIED CARLSBAD 47 & 48, L.L.C., a California limited liability company, to be recorded n the Office of the County Recorder of San Diego County, State of California. 3ASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water Iistrict held on the 7th day Of DECEMBER , 1999 , by the following vote to Nit: council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None ATTEST: KAREN R. KUNDTZ, Assistant- Secretary (SEAL) RECORDING REQUESTED BY DIVERSIFIED CARLSBAD 47 & 48, LLC., a California Limited Liability Company AND WHEN RECORDED, PLEASE MAIL TO: DlVlERSlFlED CARLSBAD 47 & 48, LLC MAIL TAX STATEMENTS TO: DlVlERSlFlED CARLSBAD 47 & 48, LLC c/o WILLIAM TSCHANTZ 1770 GILLESPEE WAY SUITE 101 EL CAJON, CALIFORNIA 92020 The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 ( ) 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. Space above this line for Recorder's Use. Assessor's Parcel No.: 212-120-28 Project No. & Name: 97-276,LOT 48,CARLSBAD CARLSBAD RESEARCH CENTER UNIT 3 LOT 48, CARLSBAD TRACT 85-24, CARLSBAD MUNICIPAL WATER DISTRICT 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 DIVERSIFIED CARLSBAD 47 & 48, LLC., 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 I CARLSBAD MUNICIPAL WATER DISTRICT, I9 , at Carlsbad, California a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad CLAUDE A. LEWIS, President ATTEST: APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL ALETHA L. RAUTENKRANZ, Secretary 1 10/29/98 Rev. \b &\5 EXHIBIT "A" ALL THAT PORTION OF LOT 48 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 3 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1 18 10, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987; DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 48, SAID POINT BEING ON FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL BEARING TO SAID POINT BEARS NORTH 63 " 43' 33" WEST; THENCE NORTHEASTERLY ALONG THE ARC 15.74 FEET TO A POINT ON SAID CURVE, A RADIAL LINE TO SAID POINT BEARS NORTH 39"06'09" WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 39"06'09" WEST 34.46 FEET; THENCE NORTH 63"43'33" WEST 229.82 FEET; THENCE NORTH 26"38'14" EAST 20.00 FEET; THENCE SOUTH 63"43'33" EAST 234.06 FEET; THENCE SOUTH 39"06'09" EAST 38.82 FEET; THENCE SOUTH 50"53'51" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING. THE NORTHWESTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00 OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15"01'45", AN ARC DISTANCE OF NORTH 48"41'48" WEST; THENCE LEAVING SAID CURVE AND SAID RIGHT-OF-WAY, SEE EXHIBIT "BI' ATTACHED HERETO. JORGE H. PALACIOS, RCE 3203 1 - 1 SCALE: 7”=80’ ABANDONMENT OF WA TERllNE EASEMENT PLA T 0 STATE OF CALIFORNIA 1 COUNTY OF On before me, DATE NAME AND TITLE OF OFFICER personally appeared NAME(S) OF SIGNER(S) 0 personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SlGNATURE OF NOTARY (This.area for official notary seal.) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above 1 I CMWD 97-276 06/14/95 Rev.