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Home My WebLink About1997-04-08; Municipal Water District; 363; Quitclaim of a Water Line Easement. 9 s E % . . p 2 2 2 AB# &%-m TITLE: QUITCLAIM OF A WATER LINE EASEMENT MTG. 04loal97 FOR CARLSBAD RANCH UNIT 2, CARLSBAD TRACT 94-09-2, AND CARLSBAD RANCH DEPT. CMWD UNIT 3, CARLSBAD TRACT 94-093, CMWD PROJECT NO. 96-522 AND 94-504 RECOMMENDED ACTION: ~AL931- , CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL I DEPT. HD. /?d%$ CITY ATTY. a% CITY MGR. +t/ Adopt Resolution’for quitclaim of a water line easement for Carlsbad Ranch Unit 2, Carlsbad Tract 94-09-2, CMWD Project No. 96-522, and Carlsbad Ranch Unit 3, Carlsbad Tract 94-09-3, CMWD Project No. 94-504, granted to the Carlsbad Municipal Water District for water line purposes, traveling northerly along and west of Armada Road continuing northerly across Sound Street and Fleet Road. ITEM EXPLANATION: This item is a request of the Carlsbad Ranch Company, L.P., and Carlsbad Estate Holding, Inc., owners of the development, Carlsbad Ranch Unit 2, Carlsbad Tract 94-09-2, CMWD Project No. 96-522, and Carlsbad Ranch Unit 3, Carlsbad Tract 94-09-3, CMWD Project No. 94-504, to quitclaim an easement for water line purposes no longer required. A new location has been constructed within the right-of-way of Armada Road which replaces the old waterline original easement. 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. 95% for quitclaim of a water line easement for Carlsbad Ranch Unit 2, Carlsbad Tract 94-09-2, CMWD Project No. 96-522, and Carlsbad Ranch Unit 3, Carlsbad Tract 94-09-3, CMWD Project No. 94-504 granted to the Carlsbad Municipal Water District for water line purposes, traveling northerly along and west of Armada Road continuing northerly across Sound Street and Fleet Road. . LOCATION MAP VICINITY MAP PROJECT: PROJECT NO. EXHIBIT NO. CARLSBAD RANCH UNITS 2 & 3 96422 CARLSBAD TRACTS 94-09-Z & 94-09-3 94-504 1 ’ - ‘RITE IT - DON’T SAY ‘T! Date April 14 19 97 To File 0 Reply Wanted From Isabelle Paulsen ONo Reply Necessary On this date, Sandy Schuck, CMWD, was sent the original Quitclaim Deed. Council Meeting: April 8, 1997. CMWD Resolution No. 972. ;. . RECORDING REQUESTED BY r’ Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: Carltas Development Company 5600 Avenida Encinas, Suite 100 Carlsbad, California 92008 MAIL TAX STATEMENTS TO: Carltas Development Company 5600 Avenida Encinas, Suite 100 Carlsbad, California 92008 Space above this line for Recorder’s Use. The undersigned grantor(s) declare(s): Assessor’s Parcel No. 21 I-022-21.12,10.11,16 Documentary transfer tax is $ 00.0 Project No. & Name 96-522. Carlsbad Ranch Unit 2. ( ) computed on full value of property conveyed, or Carlsbad Tract 94-09-2. and 94-504 Carlsbad Ranch ( ) computed on full value less value of liens and Unit 3. Carlsbad Tract 94-09-3 encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CARLSBAD MUNICIPAL WATER DISTRICT WILLIAM E. PLUMMER, P.E., District Engineer QUITCLAIM DEED CORPORATION CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Corporation, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to Carlsbad Ranch ComDanv, L.P.. a California limited PartnershiD and Carlsbad Estate Holdins. Inc.. a California corporation. as their interest atwear of records all right, title and interest in the property described in Exhibits “A” & “B”, consisting of 3 page(s), which is(are) attached hereto and made a part hereof. Executed on April 11 11997, at Carlsbad, California ATTEST: By: ALETHA L. RAUTENKRANZ, Secretary 1 0 l/20/97 Rev. - APPROVED AS TO FORM: RONALD R. BALL ’ GENERAL COUNSEL BY (Not&al acknowledgement of execution of Grantor must be attached.) State of California before me, personally appeared Cl personally known to me -OR- q proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) n/are subscribed to the within instrument and acknowledged to me that -h&she/they executed the same in his/her/their authorized capacity(ies), and that by h&h&their 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 (This area for official notary seal.) SIGNATURE 0~ NOTARY Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD 96-522 & 94-504 2 01/20/97 Rev. EXHIBIT "A" WATER EASEMENT ALL THAT PORTION OF LOT "H" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, AS SHOWN ON RECORD OF SURVEY MAP NO. 12462, FILED DECEMBER 28, 1989 AS FILE NO. 89-704916 OF OFFICIAL RECORDS, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF MAP NO. 13078, FILED DECEMBER 28, 1993 AS FILE NO. 1993-0876429 OF OFFICIAL RECORDS, SAID POINT BEING THE BEGINNING OF A 725.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, AND FROM SAID POINT A RADIAL LINE OF SAID CURVE BEARS SOUTH 71° 48' 33" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04O 17' SS", AN ARC DISTANCE OF 54.39 FEET TO A TANGENT POINT; THENCE TANGENT TO SAID CURVE, SOUTH 220 29' 22" EAST, 956.66 FEET; THENCE NORTH 67O 30' 38" EAST, 380.50 FEET TO THE BEGINNING OF A TANGENT 330.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40° 14' 22", AN ARC DISTANCE OF 231.76 FEET TO A TANGENT POINT; THENCE TANGENT TO SAID CURVE, SOUTH 72O 15' 00" EAST, 674.14 FEET To THE TRUE POINT 0F BEGINNING; THENCE NORTH 17O 45' 00" EAST, 6.09 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED MAY 15, 1961AS FILE NO. 83959; THENCE ALONG SAID SOUTHERLY LINE, NORTH 58O 07' 32" EAST, 30.87 FEET; THENCE LEAVING SAID SOUTHERLY EASEMENT LINE, SOUTH 17O 45' 00" WEST, 29.61 FEET; THENCE NORTH 72O 15' 00" WEST/ 20.00 FEET TO THE TRUE POINT OF BEGINNING. .AREA = 0.01 ACRES (357 SF) , ENGINEER: tzhdw DATE N.E. COR. LOT 1 MAP 13078 /-POINT Of 6EGtNNINC RADIUS &q\ : Y!i ‘~~~;‘g’gk-: 1. EXISTING EASEMENT TO C.U.W.D. PER flLE NO. 63959 RECORDED NAY 15. 1961 O.R. SEE NOTE1 - MAP -13078 \ I bRlJE POINT OF BEGINNING t!Acan \ \, /,o.,y 1” .o. w. I *aunIu- VICININ MAP f'ALOMAf? AN’ORJ ROAD lloscuc ?lZb-tUorir =z-- EXHIBIT “8’ cd-u. cY--,E .w-b,*-lm L- WATERLINE EASEMENT l Wblb-U9-y0 CMWD 94-504 RECWESTED BY: XRLTAS COL(PANY I\& 1 X00 AVENIOA ENCINAS.SK. 1OC zARLseAo, CA 92006 ‘HONE: (619) 431-5600 I : PATE WC. 1994 - I 1 A.P.N. 211-022-21,12, 10,11,16 SCALE: 1'=20 LINE ! OIRECTION I OISTANCE . - Ll I I . -. ----- -- r N 11’4XW t 1 6.09’ I L2 1 N 7215'00' W 1 EXISTING EASEMENT TO C.M.W.D. PER FILE NO. 83959 RECORDED MAY 15, 1961 O.R. / VICINITY MAP m0sa.E 1 h C~YC”, IAfire I- moo I -.- -. ..- tr .I.-“a-ma EXHIBIT "ET WATERLINE EASEMENT CMWD 94-504 1 ,HT.7k SHTS 1 I A.P.N. 2114x2-21,12, 10,11,16 DATE - DEC 1994 b REOUESTED BY: CAfiLlAS COMPANY 5600 AVENIDA ENCINAS,STE.lOC CARLSM, CA 92008 ,PHONE: (619) 431-5600 , L . 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 -2, RESOLUTION NO. 972 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT FOR QUITCLAIM OF A WATER LINE EASEMENT OVER A PORTION OF CARLSBAD RANCH CARLSBAD RANCH UNIT 2, CARLSBAD TRACT 94-09-2, CMWD PROJECT NO. 96-522, AND CARLSBAD RANCH UNIT 3, CARLSBAD TRACT 94-09-3, CMWD PROJECT NO. 94-504, GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT FOR WATER LINE PURPOSES WHEREAS, Carlsbad Ranch Company, L.P., and Carlsbad Estate Holding, Inc., have submitted a request for a quitclaim deed of a water line easement over a portion of Carlsbad Ranch Unit 2, Carlsbad Tract 94-09-2, CMWD Project No. 96-522, and Carlsbad Ranch Unit 3, Carlsbad Tract 94-09-3, CMWD Project No. 94- 504; 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 Carlsbad Ranch Unit 2, Carlsbad Tract 94-09-2, CMWD Project No. 96- 522, and Carlsbad Ranch Unit 3, Carlsbad Tract 94-09-3, CMWD Project No. 94-504, which is on file with the Secretary and is incorporated by this reference; is approved. 3. That the president is authorized 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 Carltas Development Company, 5600 Avenida Encinas, Suite 100, 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 4 Carlsbad, California 92008, following recordation. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 8th day of April ,wL by the following vote, to wit: AYES: Board Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ATTEST: A r7 llQ!aL g. kL~- ALETHA L. RAUTE&&ANZ, Secretary ) (SEAL) CMWD 96-522 & 94-504