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Home My WebLink About1996-12-17; Municipal Water District; 349; Quitclaim Deed for Water Line Easement. . . . p 2 2 ii CARLSBAD MUNICIPAL WATER DISTRhT - AGENDA BIL AB# d%- TITLE: FOR APPOVAL AND EXECUTION OF A QUITCLAIM DEPT. HD? &- /+% DEED TO ODMARK & THELAN AND THE DAVIDSON MTG. COMPANIES PARTNERSHIP FOR A WATER LINE EASEMENT clTY ATTY. DEPT. CMWD GRANTED FOR WATER LINE PURPOSES FOR BROCATTO, CARLSBAD TRACT 89-19, CMWD PROJECT NO. 85-401 CITY MGR.i!f RECOMMENDED ACTION: Adopt Resolution No. 9 b 1 for approval and execution of a quitclaim deed to Odmark & Thelan and the Davidson Companies Partnership for a water line easement granted for water line purposes for Brocatto, Carlsbad Tract 89-19, CMWD Project No. 85401, ITEM EXPLANATION: This item is a request of the owner, Odmark & Thelan and the Davidson Companies Partnership, for Brocatto, Carlsbad 89-19, CMWD Project 85401, located north of Piovana Court and east and west of Gabbiano Lane to quitclaim an easement for water line purposes no longer required. The engineering staff has reviewed the request and concurs with the owner’s contention. The easement will no longer be necessary as it no longer contains water system facilities. FISCAL IMPACT: None. EXHIBITS: 1. Location Map. 2. Quitclaim Deed 3. Resolution No. 9 & 1 for approval and execution of a quitclaim deed to Odmark & Thelan and the Davidson Companies for a water line easement granted for water line purposes for Brocatto, Carlsbad Tract 89-19, CMWD Project No. 85-401, granted to the Carlsbad Municipal Water District. CMWD 85-401 , . LOCATION MAP ‘\ PROJECT NAME: BROCATTO, CARLSBAD TRACT 89-I 9 Project No. 85-401 Exhibit No. 1 V’?ITE IT - DON’T SAY “! To File From Isabelle Paulsen Date December 24 0 Reply Wanted ONo Reply Necessary 19 96 On this date, Sandy Schuck, CMWD, was sent the original quitclaim deed fully signed by City representatives. Sandy stated that the document would be sent to the County Recorder for recordation. Council Meeting: December 17, 1996 Resolution No. 9.61 . , RECORDING REQUESTED BY . Carlsbad Municipal Water District 4 AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District 5950 El Camino Real Cartsbad, California 92008 MAIL TAX STATEMENTS TO: Brookfield-Brocatto, Inc, 12865 Pointe Del Mar, Suite 200 Del Mar, California 92014 Please record this document at no fee as it is to the benefti of this District (Gov. Code [61031). The undersigned grantor(s) declare(s): Documentary transfer tax is $ 00.0 I . . . _.. - ( computea on tull value or 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. 216-450-50,51,52,53,54,55, Assessors Parcel No. 27. 28, 29, 23. 22, 78, 79 Project No. & Name CMWD Proiect No. 85-401 Brocatto, Carlsbad Tract 89-l 9 QUITCLAIM DEED CORPORATION f CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Corporation, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to ODMARK & THEIAN AND DAVIDSON COMPANIES PARTNERSHIP. a California aeneral partnership all right, title and interest in the property described in Exhibits “A” & “B”, consisting of 2 page(s), which is(are) attached hereto and made a part hereof. at Carlsbad, California 1 e!!i, CARLSBAD MUNICIPAL WATER DISTRICT, ATTEST: BY 09104196 Rev. , ’ ’ APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL (Notarial acknowledgement of execution of Grantor must be attached.) State of California County of .Si+iV bttZ:-CD \ 1 On 12 SJSL before me, QA IdDEE //kJT.&uq? a3LlC personally appeared c LAc)DE A. LFNl-5 El’&rsonally known to me -OR- Cl proved to me on the basis of satisfactory evidence to be the person(!$whose nameM is&@?! subscribed to the within instrument and acknowledged to me that hetstz&aq executed the same in his&z&t&& authoriied capacity&z+ and that by his- signaturew on the instrument the per.sonM, or the entity upon behalf of which the person&j acted, executed the instrument. WITNESS, my hand and official seal. 1 n (This area for official notary seal.) SIGNATURE OF NOTARY . Title or Type of Document ti-&A, Date of Document , No. of Pages I Signer(s) other than named above I CMWD 85-401 2 09/04/96 Rev. 89-1004 AUGUST 8, 1996 EXHIBIT A LEGAL DESCRIPTION QUITCLAIM OF WATER LINE EASEMENT BEING A PORTION OF LOT 1 IN SECTION 33, TOGETHER WITH A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, ALL OF TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO , STATE OF CALIFORNIA; ALSO BEING A PORTION OF AN EXISTING WATER LINE EASEMENT DEDICATED TO CARLSBAD MUNICIPAL WATER DISTRICT AND RECORDED ON JANUARY 25, 1963 AS FILE NO. 14065, AND ON MAY 9, 1963 AS FILE NO.'S 80364 AND 80365, IN THE OFFICE OF THE SAN \ DIEGO COUNTY RECORDER; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF MAP 7996, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED AUGUST 5, 1974, IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT ALSO BEING A CORNER ON THE WESTERLY LINE OF MAP 12902, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED DECEMBER 11, 1991, IN THE OFFICE OF SAID COUNTY RECORDER, SAID CORNER BEING 238.90 FEET'EAST OF THE MOST WESTERLY CORNER OF SAID MAP, ALONG A LINE BEARING NORTH 89'11'08" WEST, SAID LINE ALSO BEING THE NORTHERLY BOUNDARY OF SAID SECTION 33; THENCE NORTHERLY ALONG THE WESTERLY LINE OF MAP 12902, NORTH 19OO8'28 EAST, 0.14 FEET; THENCE NORTH 81'51'42" EAST (NORTH 81OO4'55" EAST PER SAID WATER LINE EASEMENT, FILE NO. i4065) 28.61 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; C.M.W.D. 85-401 THENCE CONTINUING LONG SAID EASTERLY LINE N. .TH 81'51'42" EAST (NORTH 81'04'55" EAST PER SAID WATER LINE EASEMENT, FILE NO. 140651, 392.95 FEET TO THE BEGINNING OF A TANGENT 420.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35'34'00" AN ARC DISTANCE OF 260.72 FEET; THENCE, TANGENT TO SAID CURVE NORTH 46'17'42" EAST, (NORTH 45'30'55" EAST PER SAID WATER LINE EASEMENT, FILE NO. 14065), 291.12 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF SAID MAP 12902; THENCE ALONG SAID EASTERLY BOUNDARY LINE SOUTH 00'30'39" WEST, 27.91 FEET; THENCE SOUTH 46'17'42" WEST (SOUTH 45O30'55" WEST PER SAID WATER LINE EASEMENT, FILE NO. 140651, 271.66 FEET TO THE BEGINNING OF A TANGENT 440.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35'34'00" AN ARC DISTANCE OF 273.13 FEET; THENCE, TANGENT TO SAID CURVE SOUTH 81'51'42" WEST (SOUTH 81OO4'55" WEST PER SAID WATER LINE EASEMENT, FILE NO. 140651, 378.63 FEET; THENCE NORTH 43'44'28" WEST, 24.60 FEET TO THE TRUE POINT OF BEGINNIN C.M.W.D. 85-401 I ItXHllW ‘tl’l -, \I / :\\ LP-x DATA* ‘+ CT /‘-i NO. 1 DELTA OR BEARING 1 RADIUS 1 DlSTANd ir. (d 75 sr/es g 11 -,*yrs.“r’ ,, -- - LYi-i J L/ Jr! i J BOUNLXUY \*\ * P/L\ UNE 1 \ ,x4 a-9 .‘.,( cc‘ A SGtLt-.. I’ = loo’ yp&y--- N z3OFf f- EASEMENT QUlTCUlM PLA T FLM C.M. HID. PfPlzJM- REQUEslEv 8r 1 PREPARED BK ------ -.-)Ay ,.< / : . , =*E -bf 7 SHErn VW- crMlrr I Bumnm a4 MDSO~ G‘tuh%t u-l 12865 FW7E DR MU #200 fi! a. 92014 c .(, , ,_. , L “CT- IVV November 22, 1996 TO: KAREN KUNDTZ, DEPUTY CITY CLERK FROM: Robert J. Greaney, General Manager QUITCLAIM DEED TO ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP FOR A WATER LINE EASEMENT GRANTED FOR WATER LINE PURPOSES FOR BROCATTO, CARLSBAD TRACT 89-19, CMWD PROJECT NO. 85-401 Attached is the original subject document for execution by Claude Lewis and Aletha Rautenkrantz, President and Secretary of the CMWD Board of Directors. Upon approval by the Board, please obtain proper signatures and return to Sandy Schuck for recordation and further processing. If you have any comments or require any additional information, please give Sandy a call at ext. 125. Thank you, ROBERT J. GREANEY General Manager By: CLINT PHILLIPS, Administrative Manager RJG:sjs attachment CMWD 85-401 RESOLUTION NO. 961 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT FOR APPROVAL AND EXECUTION OF A QUIT CLAIM DEED TO ODMARK & THELAN AND THE DAVIDSON COMPANIES PARTNERSHIP FOR A WATER LINE GRANTED FOR WATER PURPOSES FOR BROCATTO, CARLSBAD TRACT 89-l 9, CMWD PROJECT NO. 85-401 WHEREAS, Odmark & Thelan and the Davidson Companies Partnership 1 has submitted a request for a quitclaim deed of a water line easement over a portion , of Brocatto, Carlsbad Tract 89-l 9, CMWD Project No. 85-401; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it to be in the public interest to quitclaim said easement; 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 line easement over a portion of Brocatto, Carlsbad Tract 89-19, CMWD Project No. 85-401, which is on file with the Secretary and is incorporated by this reference; is approved. Ill Ill , 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 is authorited to execute the quitclaim deed, and the secretary is hereby authorized to cause the original deed to be recorded in the Office of the County Recorder of San Diego County, State of California which will be returned to Odmark & Thalen and Davidson Companies Partnership following recordation. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 17th day of December , WL by the following vote, to wit: AYES: Board Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ATTEST: ALETHA L. RAU (SEAL) CMWD 85-401 /