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Home My WebLink About1990-11-06; Municipal Water District; 056; Water Line Easement* I -f-‘MWD - AGENDA BILL - u3l3~~~~,/~ IE!az QUITCLAIM OF AN OFFER OF DEDICATION FOR A WATER LINE EASEMENT OVER A PORTION OF LOTS t 97, C.T. 85-35, AVIARA, RECOMMENDEDACTION: 1 CtTY MGR..y&ji Adopt Resolution No. 693 guitclaiming an offer of dedication for a waterline easement over a portion of Lot 92, 93, 96 & 97, Carlsbad Tract 85-35, Aviara Phase I, Unit C, CMWD 88-503. ITEM EXPLANATION This item is a request by the owners of Lot 92, 93, 96 & 97, Carlsbad Tract 85-35, Aviara Phase I, Unit C to quitclaim an offer of dedication for a waterline easement no longer required. The Engineering staff has reviewed the request and concurs with the owners contention. The easement will no longer be necessary as it contained a temporary waterline for residential/park sites. The waterline has been removed, and the easement is no longer required. FISCAL IMPACT None EXHIBITS 1. Location Map. 2. Quitclaim Deed 3. Resolution No. 693 guitclaiming an offer of dedication for a waterline easement over a portion of Lot 92, 93, 96 & 97, Carlsbad Tract 85-35, Aviara Phase I, Unit C. CMWD 88-503 !-- . LOCATION MAP EJO SCALE C.M.W.D. 88-503 EY: rsT1f-k MATER PROJECT NAME: WATER LINE EASEMENT QUITCLAIM CT 85-35 PHASE I UNIT C AVIARA PROJ, /EXHlSIT NO. I I RECORDING REOUESTED BY Car&bad Municipal Water District AND WHEN RECORDED MAIL TO zE Carlsbad, California 92008 L -I T,lk Order NO Escrow No. I SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED CORPORATlON encumbrances remainmg al time of sale. C.M.W.D. Q T%ecret& Name CAREBAD MUNICIPAL WATER DISTRICT, a water district, organized and existing under the Municipal Water Act of 1911 a Corporation duly organized and existing under and by virtue of lhe laws of Ihe Slate of California with’its principal place of business located at 5950 El Camino Real ~. city of Carlsbad County of San Diego , State of California for a valuable consideration receipt of which is herebj, acknowledged. does hereby remlse, release and forever quilclaim to DAVIDSON CQXAN PARTNERS, a California general partnership the following described real property in the City 01 Carlsbad County of San Diego , Slate 01 Calilornia: See attached Exhibit "A" Legal Description All is shown for convenience sake on attached Exhibit"B". Assessor’s parcel NO. 215-612-06, 07, 215-592-13 14, 215-592-18, 19, 20 Executed on d 7 , 19%. at STATE OF CALIFORNIA personally known to me (or proved cretary. respectwely. of the s or a resolution ot its b WITNESS my hand a r tion therein named. and acknowledged to me MAIL TAX STATEMENTS TO Davidson Coscan Partners, 12520 Hi Bluff Dr., Ste. 300, San Diego, CA CNWD 88-503 NAME ADDRESS ,,PYL'I3cT DLFD-dUIICLIIM-tORMRPiTlON WOLCOIIS ml4 m--RC" 9 84 lhll Ild"dlld ,Olrn II Intended m ihe lYPlCll Ill"dtlo"~ l"CO""lllCd I" IhL IllI.3 l"dlcalld Ho*e"Ir belore "0" rqn le.30 I, 111, I" dll "la""5 w lYB4 woLcoIIs. INC mcccmr 3, d"d nuke *"alem C"d"DFI are aPP'oPLue and "ecel6q ID your oaIIIc"IaI lldill.xllOn COll"ll d lllYPl 84 "0" LIWO, the loin, I llllleil ,or your purport and "II , . \ i- STATE OF CALIFORNIA ss: COUNTY OF SAN DIEGO 923 On November 7, 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared Claude A. Lewis and Karen Kundtz personally known to me to be the persons who executed the within'instrument as President and Assistant Secretary respectively, of the corporation therein named, and acknowledged' to me that the corporation executed it pursuant to its bylaws or a resolution of its board of directors. RANDEE HARLIB Name (Typed or printed) ‘. ’ . ,, ‘. 924 SHEET 1 OF 4 SHEETS EXHIBIT "A" 08/14/1990 (MA) 300,ll;SV QQWTR2 r-A.P*N. 215-612-06,07 215~592:13,14 215-591-18,19,20 LEGAL DESCRIPTION WATER EASEMENT QUITCLAIM Being Parcel 1 of document recorded February 27, 1962'as File/Page No. 33068 of Official Records in the Office of the County Recorder of said San Diego County, located within Lots 46, 47 and 48 of City of Carlsbad Tract 85-35, Aviara Phase I, Unit A, according to the Map thereof No. 12409, and Lots 92, 93, 96 and 97 of City of Carlsbad Tract 85-35, Aviara Phase I, Unit C, according to the Map thereof No. 12411, both filed in the office of the County Recorder of San Diego County, June 29, 1989, in the City of Carlsbad, County of San Diego, State of California, more particularly described as follows: COMMENCING at the Southeast Corner of Lot 94 of said Map No. 12411, said corner being on the Westerly line of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian; thence Southerly along said Westerly line South OO"42'22" East 327.59 feet to the TRUE POINT OF BEGINNING, said point being on the Northerly line of Southwest Quarter of said Section 26; thence continuing along said Westerly line South 00'42'22" East 1967.83 feet to a point on the Southerly boundary of said Map No. 12411, said point also being on the Southerly line of the North Half of the Southwest Quarter of the Southwest Quarter of said Section 26; thence leaving said Westerly line along said Southerly line North 88"55'37" East, 20.01 feet to a point on a line 20 feet Easterly at right angles to and parallel with said Westerly line of Section 26; thence leaving said Southerly line along said parallel line North OO"42'22 " West 1968:45 feet to a point on said Northerly line of said Southwest Quarter of Section 26; thence leaving said parallel line along said Northerly line South 89"17'38" West 20.00 feet to the TRUE POINT OF BEGINNING. C.M.W.D. 88-503 ’ . ,: ’ 925 SHEET 2 OF 4 SHEETS EXHIBIT "A" The hereinabove described parcel of land contains 39362.9 sq.ft. or 0.904 acre of land more or less. This legal description was prepared by me or under my direction in conformance with the Land Surveyors L.S. 5894 License Expiration Date: 12-31-92 C.M.W.D. 88-503 . * . . _I , ,. . . SHEET 3 OF 4 SHEETS IfICfAtf TY MAP NO SCALE I II/ ..-..-WESTERLY LINE L, Q-j- SE CORNER LOT 94 Of= MAP NO. /24/l 20’ E45EMENT i.. FAVU,?’ OFCdRtSAdD MUflfClPAL \r / \ . \ s/ ---a WAliW DlS??ZC% PECO~bED \ 1 \.+-- /. F4O.H. 2 - 27-62 AS FlL*E/P4@ No. 33068 OR, PMCEL 1, 7D ’ BE W/KLA/MED - &?3”/7&%- moo 1. -‘.s__ a “\ IV\ IQ \ YkY#&ER OF WORK= 3 $D 7EChL?liOLOG~E~ WI WEST “A” S7P&E7; SUITE 2500 4N D/EGO, CA., 9 2201 WONE: (G/9) 23 Z-4466 7AL.E A. DAL’% 1.5. 5894 - LICENSE EXPhQA7/ON DA7E: E-31-92 C.M.W.D. 88-503 SOJECT NAME: WATERLINE EASEMENT QUITCLAIM PROJECT EXHIBIT CT 85-35 PHASE I - UNIT C - MAP NO. 12411 NO. SEE SHEET 4 SHEEI- 4 OF 4 SHEETS N IQ 5c&E: I”- 7-00’ 2U’EASEM&ll/T IN FAVOt? a= A.f?IN.=215- cAh=‘tk3~= MUNiCfP4L WATER DETWC7; R&coUDED Z-27-62 LI 4 l a> . AS F/t&/PAGE Na: 33068 0-R) PARCEL‘ 4 70 BE O.UU-CLA /&j&D I_..._---.- & A.!??. ‘i / '& m5-59 1-m ~~~,cu 21559f -iy z;s I-“0 fi,r r*.-r $80 -3 ‘i L’J ’ KJ 3) - -f3 G APN.=215-592-14 7Mw55’3 7”N zo.u/ t =I --- 5OUTFi&RLY BOUNDARY L/W 2 fl 3-p 35 I C.M.W.D. 88-503 ‘ROJECT NAME: WATERLINE EASEMENT QUITCLAIM PROJECT EXHIBIT NO. CT 85-35 PHASE I - UNIT C - MAP NO. 12411 --’ - - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 693 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT APPROVING QUITCLAIM FOR AN OFFER OF DEDICATION FOR A WATERLINE EASEMENT TO DAVIDSON COSCAN PARTNERS ACROSS A PORTION OF LOTS 92, 93, 96 61 97, CARLSBAD TRACT 85-35, AVIARA PHASE I, UNIT C. CMWD 88-503 WHEREAS, Davidson Coscan Partners have submitted a request ~ for guitclaim of an offer of dedication for a waterline easement over a portion of Lots 92, 93, 96 &I 97, Carlsbad Tract 85-35, Aviara Phase I, Unit C; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it to be in the public interest to quitclaim said offer of dedication: 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 the offer of dedication for an easement for waterline purposes to Davidson Coscan Partners, which is on file with the Secretary of the Board of Directors and is incorporated by this reference: is approved. 3. That the President and the Secretary are authorized to execute the deed and cause the original deed to be recorded in /// /// /// /// /I/ /// //I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 the Office of the County Recor California of which will be ret1 following recordation. PASSED, APPROVED AND ADOt. Carlsbad Municipal Water Distric November t 1990 by the following AYES: Board Members Lewis, Kulchin, Pettine, NOES: None ABSENT: None ATTEST: ALETHA L. RAGTENKRANZ, Secretab (Seal) 88-503