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HomeMy WebLinkAbout1998-03-24; Municipal Water District; 408; Waterline Easement Poinsettia HillsCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA silLL n/.. AB# y;o TITLE: APPROVAL AND EXECUTION OF A QUITCLAIM MTG. 03124198 DEED OF A WATERLINE EASEMENT OVER A PORTION OF ;;\zg& - _ DEPT. CMWD I POINSETTIA HILLS, CARLSBAD TRACT 93-03, CMWD PROJECT NO. 92-501 RECOMMENDED ACTION: Adopt Resolution No. /O/O for approval and execution of a quitclaim deed Iof a waterline easement over a portion of Poinsettia Hills, Carlsbad Tract 93-03, CMWD Project No. 92- 501. ITEM EXPLANATION: This item is a request of Western Pacific Housing-Poinsettia L.P.; owner of the development Poinsettia Hills, Catlsbad Tract 93-03, CMWD Project No. 92401; located no$h of Cassia Road and west of El Camino Real. The engineering staff has reviewed the request and concurs with the owner’s contention. The easement no longer contains water system facilities and will no longer be necessary. FISCAL IMPACT: None. ENVIRONMENTAL REVIEW: This item has no environmental impact. EXHIBITS: 1. Location Map. 2. Quitclaim Deed. f? 8 IE % . . p 0 a 2 2 3. Resolution No. 10 / 0 for approval and execution of a quitclaim deed f a waterline “, easement over a portion of Poinsettia Hills, Carlsbad Tract 93-03, CMWD Pr ject No. 92- 501. LOCATION MAP LU)#(OAcuA)(EDIOOA -----0em--- VICINITY’ MAP - ~~~ ~~~ NO SCALE PROJECT NAME: POINSETTIA HILLS, CARLSBAD TRACT 93-03 Project No. 92-501 Exhlbit No. I 1 \I-?ITE IT - DON’T SAY To )\lOTf -7-o FII-c Date Jflr P RI S I,$& 0 Reply Wanted DNo Reply Necessary h RECORDING REQUESTED BY * Western Pacific Housing - Poinsettia L.P. AND WHEN RECORDED, PLEASE MAIL TO: Western Pacific Housing 2385 Camino Vida Roble, Suite 107 Cartsbad, CA 92009 MAIL TAX STATEMENTS TO: Western Pacific Housing 2385 Camino Vida Roble, Suite 107 Carlsbad, CA 92009 The undersigned grantor(s) declare(s): Documentary transfer tax is $ 00.0 ( Assessor’s Parcel No. 215-020-01-00 Project No. & Name 92-501. Poinsettia Hills, 1 computed on full value of property conveyed, or Carlsbad Tract 93-03 ( ) 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, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. Space above this line for Recorder’s Use. WILLIAM E. PLUMMER, P.E., District Engineer QUlTCLAlM 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 WESTERN PACIFIC HOUSING - POlNSElTlA L.P. a California limited Dartnershir, ail right, title and interest in the property described in Exhibits “A” & “B”, consisting of two (21 page(s), which is(are) attached hereto and made a part hereof. Executed on rnd 2 7 , NICIPAL WATER DISTRICT, 19g, at Carlsbad, California ;” BY L&i& ALETHA L. RAUTENK~NZ, Secretary / APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL BY (Notarial acknowledgement of execution of Grantor must be attached.) 1 12/23/97 Rev. State of California 1 1 County of San Diego 1 On March 31, 1998 before me, Sherrie D. Worrell, Notary Public personally appeared Claude A. Lewis El personally known to me tcjsil a~~~h~hrig~Mgb8S~~l~ibP~d~l~~d~ to be the person&J whose namew is- subscribed to the within instrument and acknowledged to me that heh&&hqrexecuted the same in hisYM@#u& authorized capacity@Q and that by hi-signature@ on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS, my hand and official seal. (This area for official notary seal.) I Title or Type of Document Quitclaim Deed Corporation I Date of Document March 27, 1996 Signer(s) other than named above n/a No. of Pages 4 CMWD 92dOi 2 06114195 Rev. - EXHIBIT ‘A” LEGAL DESCRIPTION THAT PORTION OF THAT CERTAIN EASEMEM’ FOR VWER LINE PURPOSES GRANTED TO CARLSBAD MUNlClPAL WATER DISTRICT BY DOCUMENT RECORDED JULY 21,1958, IN BOOK 7174, PAGE 286 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALlFORNlA, LYING WITHIN THE BOUNDARY OF CIM OF CARLSBAO TRACT 93-03, POlNSETTlA HILL, ACCORDING TO MAP THEREOF NO. 13475 IN THE CIM OF CARLSRM, COUNTY OF SAN DIEGO, STATE OF CALlFORNlA, RECORDED SEPTEMBER 12, 1937, AS FILE NO. 19974443862 OF SAID OFRCIAL RECORDS. JOHN W. HILL, JR. Is. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. ZJeM PAGE 1 OF l wo l,Sl-~~ 1mNDoc r . f I * I . . a \ N 89’26’37’W.1348.06’ - . - 30’ YIOE WATER EASEMENT TO CARLSBAO \ -- -11”1 II * H--n 0 z J -- N 89’3;‘3O’W 1348.06’ . 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 1010 EXHIBIT 3 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD, CALIFORNIA FOR APPROVAL AND EXECUTION OF A QUITCLAIM DEED OF A WATERLINE EASEMENT OVER A PORTION OF POINSETTIA HILLS, CARLSBAD TRACT 93-03, CMWD PROJECT NO. 92-501 WHEREAS, Western Pacific Housing-Poinsettia L.P., owner of the development Poinsettia Hills, has submitted a request for approval and execution of quitclaim deed of a water line easement over a portion of Poinsettia Hills, Carlsbad Tract 93-03, CMWD Project No. 92-501, located north of Cassia Road and west of El Camino Real granted to Carlsbad Municipal Water District by document recorded July 21, 1958, in Book 7174, Page 286 of Official Records in the Office of the County Recorder of San Diego County California, for waterline purposes, which no longer contains water system facilities and 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 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 Poinsettia Hills, Carlsbad Tract 93-03, CMWD Project No. 92-501, located north of Cassia Road and west of El Camino Real, granted to Carlsbad Municipal Water District by document recorded July 21, 1958, in Book 7174, Page 286 of Official Records in the Office of the County Recorder of San Diego County California, which no longer contains water system facilities and will no longer be necessary, which is on file with the Secretary and is incorporated by this reference; 1 I ! 1( 11 12 1: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - is approved. 3. That the president is authorized to execute the quitcl and the secretary is hereby authorized to cause the original deed to be ,” im deed, r turned to the original owner to be recorded in the Office of the County Recorder of $ an Diego County, State of California. ~ PASSED, APPROVED AND ADOPTED at a special meeti Carlsbad Municipal Water District held on the 24th day of March by the following vote, to wit: AYES: Board Members Le NOES: None ABSENT: None ATTEST: (SEAL) CMWD 92-501