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Home My WebLink About1998-12-01; Municipal Water District; 426; Kelly Ranch Village E - Quitclaim Deed- 4B# Y!u7 TITLE: FOR APPROVAL AND EXECUTION OF A VITG. 17,/nl&& QUITCLAIM DEED OF A WATERLINE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DEPT. CMWDlENG DISTRICT OVER A PORTION OF KELLY RANCH VILLAGE “E” (CT 96-07), CMWD PROJECT NO. 96-521 I l/CARLSBAD MUNICIPAL WATER DISTRICT CITY ATTY. CITY MGR. w RECOMMENDED ACTION: Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. 1031 for approval and execution of a quitclaim deed of a waterline easement granted to Carlsbad Municipal Water District over a portion of Kelly Ranch Village “E” (CT 96-07) CMWD Project No. 96421. ITEM EXPLANATION: This item is a request of Kelly Land Company; Marvin H. Sippel and Lucia C. Sippel, Co- Trustees of the Sippel Revocable Family Trust; Co-Owners of the development, Kelly Ranch Village “E” (CT 96-07) CMWD Project No. 96-521, located west of El Camino Real and south of future Cannon Road, to quitclaim a waterline easement granted to the Carlsbad Municipal Water District for waterline purposes dated March 30, 1964 recorded in the Office of the San Diego County Recorder on May 20, 1964 as file/page no. 90323. Please see attached Exhibit 2. The easement was used to convey potable water to the Kelly property that is located to the southwest of Kelly Ranch Village “El’. The easement is no longer required because a replacement public water system to service the Kelly property will be constructed concurrently with Village “E”. The Village “E” developer will maintain temporary water service to the Kelly property until the permanent system is installed. A temporary water easement was granted by the property owner over Village “E” to maintain this temporary water service. FISCAL IMPACT: This item has no fiscal impact. ENVIRONMENTAL IMPACT: The Planning Director has determined that a quitclaim deed is not subject to CEQA pursuant to Section 15061 (b) (3) of the CEQA Guidelines. EXHIBITS: I. Location Map. 2. Waterline Easement granted to CMWD and recorded May 20, 1964 as file/page no. 90323. 3. Quitclaim Deed. 4. Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. I03 1 for Approval and Execution of a Quitclaim Deed of a Waterline Easement Granted to Carlsbad Municipal Water District Over a Portion of Kelly Ranch Village “E”, CMWD Project No. 96-521. I SEE SHEET 2 Clrf OF OCEANSIoE CITY OF VISTA NOT Tb SCALE D MUNKIPAL WATER DlSTRlCT EASEMENT FILE/PAGE NO. 90323 REC. MAY 20, 1964 TO BE QUITCLAIMED PERMANENT WA TfR FAClLlTlES W/l1 BE PLACED IN THE STREET SYSTEM AS PROJECT IS CONSTRUCTED. NOT Tb SCALE ;HEET 2 OF 2 PROJECT NAME PROJECT EXHIBIT KELLY RANCH VILLAGE ‘E’ NUMBER (X96-07 I h RV CPC)TT FVANC PARI ‘?=,A,7 FMC,b,dh ,-S&J, 3 -- h EXHIBIT 2 GRANT OF RIGHT OF WAY- 1 m 0. KELLY a married man . . . . .._._............................................ - . . . . . . . . . . . . . . . . .._................... I . . . . . . . . . . . . . . . . . . . . . . _-.._ _._. L...... -....-.....- .--._ . . . . ..-.- - -..-- - -....... _.- .-.-__ --..- _ . .._-.._---....-.. __ . . . . . . ..-......-. - .-....... _ . . ..- _.-._ ___._ , IS .Grsntor, for and in consideration of the sum of OM Dollar and other vrlurbk consideration paid by..-... _____ _ .__._._ ?!%%!!!!. .~CIP~-.~~..~~~~~.-~-.~C4~.-~~f.~r dfetrfct, organised and exfating under the Municipal Water Dirtrict kt of 1911 ..- ..--...... _ ..-. _ _--.-_-. _._-- -..... _..._ ..--....- -.- _--.-.--_ --_-_ . . .._......_... _ .._.___._- -- --......... _._ . . . . --...--- . . . . -..I---.--. --_. a.. aa amended, _-- -’ . . . . . . . ..-_.__.-- _ _..____..._...-..-.-.-..._ _ .-_..-__-..._ _ _.._.._ . . . . . ..- _.--_ . . . .._......_._..___ - I_._.....-..--... a . . . . . . . . _..-...-- I------.-.. - . . . . . l . . . . t3 Grantee, receipt whereof is krcby rckoowkdgcd, do hereby yrnt to aid .__..._.._........_.....-.- I --._ _-_- . .._..- CARLSM WNXIML FUTEB DWIUL.. _.___..___ __- --.-- . . ..- -...-m---.---e--.-- _.-__. - -._..-. . . . . . . . . -. its succaors and assigns, m*&ment of right of way... a_. , ~in,upoe.over,uada.radaCma8tha bds krcinafter described, to COCCI, CoOWuCt, ~ccO~&UC~, @JCe, mjd, tNiOtJin JOd’UJJ J &JhJ Jc&riJJ fOr my and JII purpom, together with their amrsrry fbures and ~pputten~~~ in&ding but aat bited to Conduitt and * cables for pov&trmnsmission mod communication purposes, at such loations and CkVJiiOM, Upoa. JkMI& Ovv (ad.‘+’ the kreinrftcr dacrii right oi my as Grantee may oow or kruftv deem convcnicot and necaary ffooh time 10 ?me. . . : from explosives,ykildings and WUCWCS. . -mp' . - -.-" - -- . . dtx .I i Said easement of right of way le particularly dercrlbed aa follows: A parcel of land 20.00 feet tn vldth btiag a portion of Lot I Hedionda, Hap No. 823 as filed in the Off ice of the Recorder o San Dltgo County, November 16, 1896, the centerline of aaid 20.00 feet parcel-ir described as follows: Beginning at Comer No. 1 of aaid Lot I; thence Northerly along the Basterly line of safd Lot I, between Cornerr No. 1 and 2, North 2’29’40” Weat, 836.2s feet; thence South 87o30’20”Ueet, 10.80 feet; thence North 2’29’40” Wart, 355.78 feet; thence North 23’31’50” Rast, 87.89 feet to the IRD’g POINT OP Bl%INNIDG; thence South 23°31’~~” West, 87.89 feet; thence South 2’29’40” East, 355.78 feet; theice South 27°38’OO” Yeat, 334.10 feet to the beginntag of a taugent 800.08 foot radius cume concave Westerly; thence Southerly along raid auzxe through a central angle of b 10 04’00” an arc dfatance of 140.56 feet; thence tangent to raid cume South 37°42’OO’f West, 99.07 feet; thence South 21°43’20” Uert, 1303.83 feet to a point, designated herein as Point “A”. EXCEFTIK; THHgEFRtlM the follovlng dtrcribed parcel: Beginning at Point .“A”, dtacribed herelnbefore, thence Noyth 68016’40: peet 2 .OO feet to the TRUE POINT OF BEGINNING; thence continuing North 68’$6’40ff Rat 8.00 feet; thence North 21°43’20” East 60.00 feet; thence South 68’16’40” East 8.00 feet; thence South 21’43 ‘20“ West 60.00 feet to the TRUE POINT OP BEGINNING. SERIES 5 BD% 1964 f~FlclAl REcoRos SAN DlEGD~UNfl,~. ASWY,REcoRoQ FILE WdD 96-sa/ . I d Grantor - 1 . ..-.-.-.JUCC~MO~Y in estate shdl not erect or c*hvct, or permit to be erected or constructed, any building or c structure. plant any tree or trcq.or drill any weli &Is, within the limits of said right of way. Grantee shall have the right to erect, maintain and use gates in all fences which now cross or shaIl hereafter cross said route or routes, and IO trim and cut and clear away any trees and brush whenever in ib judgment the same shall be necessary for the convenient and safe exercise of the rights hereby granted, Ibe right to tranafcr and assign this easement in whole or in part being hereby granted to the Grantee. Grantor agrm that no other easement or easements shall k granted on, under or over said alrip of land by Grantor, wirhnut the prcviour written coercnt of Grantee. II is also understood and agreed by the parties hereto that the Grantor and.-.&.; L WcccbJm or urignh +I not increar or decrease, or permit to be incrrued or decreased, the existing ground elevations of the above described right uf wry. existing at the time this document is executed, without the previous written consent of the Grantee. -\ aa lifnrss lfprrof, the Gr.sntor..kL~ -. executea tkese presents tbbz??%.day of.-efi~., K&f R/W NO. DRAWN BY CHECKED BY BEWO ’ DATE ., c R/w~anr;ram D101 w . .: . . * . __ -. ‘. 1 -_I_--.....--.... v-.-M.--.” . . . . . ,. . . -e.-.....-..-..-.” - ; I N<rTARIEs--usB PROPER FORM ON BACK. . . ---. _ ~- --- -.--- --._--- -.-. -*> ,/-.. . . ...>. . . . n t wI-INEssFoRM - STATE OF CALIT, 1A. County of San Diqa 1 * Ota,hh&,&,d- f)ptfkc ,,---A. Dq 19&m& betme me, Paul S. S&aky - a h’o~nr~ Public in and for the uid Chmty aad Sta& redding therein. dull oammhioaed and WON ~MDIIIJ rppur&,- -I-.^...-.- ?i3k&-Y2......_K2.~ Q r#+ -------. ---.--Jmown\omelotlelbepenon.-- wlKunund,s sdmlbed to I& witbls hammcnt, u a Wimca thereto, rba be&g by ma duly morn, 7luL-Aa’ n?cidd.,ldCRr~Sn ~~~~(hn /* I) .+ . be 4ASpreuat Md uw /)LLAd 0. /cE(LY _ palm* known to atorbcuma~~wbaslunto ,s 8&ttodw ro~w*ilbtnlad~bd~~t,~~~d~~~~rlL~ ta uld &hat PIUS -.&aoctnd &a ume-md ht aid d5mt nrhrQsk. A (s&me -tbordlo ” . wiba l 3% mlws m=d 1 fuve md~hthbcertifkalidabwewriuat. . . . : this is to certify that the interest in real property conveyed by the deed or grant dated March 30, , f?L, from ALLA@ 0. KELLY Y to the CAKL$BAD MUNICIPAL WA!l’ER DI!JTRICT, i muxiiclpal water district, organized and. uieting under tbe K~~icip~l Water Dietrict Act of 1911, aa amended, is hereby accepted by order of the Board of Director8 on April 7, 1964 and the grantee consente to recordatlon thereof by ita duly autborized offictr. ,. . CARI,SBAD HBNl;CIP&,W= DISTRIm -*. ,,/- --. . ..\ . . ‘. . . . . 1 t ----v(.p I December 8,1998 MEMO TO: SANDY SCHUCK, CMWD - ENGINEERING FROM: Kathleen D. Shoup, City Clerks Office, Ext. 5106 SUBJECT: QUITCLAIM DEED KELLY RANCH VILLAGE E , PROJ 96-521 Attached is the original quitclaim deed to Kelly Land Company as to a portion and to Marvin H. Sippel and Lucia C. Sippel, co-trustees of the Sippel Revocable Family Trust as to a portion. (APN: 208-020-37) Since this was a CMWD Agenda Bill and action, and I don’t know who the original quitclaim deed should return to after recordation, nor who should pay the recordation fees, I am sending the original quitclaim to you, Sandy. (You’re so good at your job!) It will be easier for you to find the “return to” address and if the signature or zero tax declaration initiale needs to be added. The City Clerk’s Office will not need a copy of the recorded document, nor will we need to have the original recorded document back. THANKS . RECORDING REQUESTED BY Kelly Land Company, Marvin H. Sippel, and Lucia C. Sippel AND WHEN RECORDED, PLEASE MAIL TO: MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s): Documentary transfer tax is $ 00.0 Space above this line for Recorder’s Use. Assessor’s Parcel No. 20842037 Project No. & Name 96-521. Kellv Ranch Villaae E. - .- .-- -- ( ) computed on full value of property conveyed, or Carlsbad Tract 96-07 ( ) 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. 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 KELLY LAND COMPANY. a Delaware Corooration, as to a oortion. MARVIN H. SIPPEL AND LUCIA C. SIPPEL. Co-Trustees of the Siooel Revocable Familv Trust all right, title and interest in the property described in Exhibits “A” & “B”, consisting of two (2) page(s), which is(are) attached hereto and made a part hereof. Executed on B 1 19_1?g-,at Carlsbad, California - ALETHA L. RAUTENKRANZ, Secretary APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL BY /2-q-9&* 12/23/97 Rev. EXHIBIT “A” Page 1 of 1 Said easement of right of way is particularly described as follows: A parcel of land 20.00 feet in width being a portion of Lot I of Ranch0 Agua Hedionda, Map No. 823 as filed in the Office of the Recorder of San Diego County, November 16, 1896, the centerline of said 20.00 feet parcel is described as follows: Beginning at Corner No. 1 of said Lot I; thence Northerly along the Easterly line of said Lot I, between Corners No. 1 and 2, North 2O29’40” West, 836.25 feet; thence South 87’30’20” West, 10.00 feet; thence North 2’29’40” West, 355.78 feet; thence North 23°31’50” East, 87.89 feet to the TRUE POINT OF BEGINNING; thence South 23O31’50” West 87.89 feet; thence South 2O29’40” East, 355.78 feet; thence South 27°38’OO” West, 334.10 feet to the beginning of a tangent 800.00 foot radius curve, concave Westerly; thence Southerly along said curve through a central angle of 10°04’OO” an arc distance of 140.56 feet; thence tangent to said curve South 37O42’00” West 99.07 feet; thence South 21O43’20” West, 1303.83 feet to a point designated herein as Point “A”. EXCEPTING THEREFORM the following described parcel: Beginning at Point “A”, described hereinbefore, thence North 68’16’40” West 2.00 feet to the TRUE POINT OF BEGINNING; thence continuing North 68°16’40” West 8.00 feet; thence North 21°43’20” East 60.00 feet; thence South 68’16’40” East 8.00 feet; thence South 21°43’20” West 60.00 feet to the TRUE POINT OF BEGINNING. CMWD 96-521 . EXHIBIT “B” Page 1 of 1 t F )1 C I . ‘ROJECT NAME: (ELLY RANCH VILLAGE E ZARLSBAD TRACT 96-07 Project No. 96-521 A.P.N. 208-020-37 . - . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 , NOTARY PUBLIC personally appeared I NAME(S) OF SIGNER(S) @‘$&sonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SlGNATURd OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITYCLAIMEDBYSIGNER DESCRlPTlONOFAllACHEDDOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF TITLE(S) 0 PARTNER(S) 0 LIMITED q GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) i i;;;;lAN/CONSERVATOR ’ DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIl-f(IES) SIGNER(S) OTHER THAN NAMED ABOVE @lS63 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA gtZ$.gg-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of personally appeared NAME(S) OF SIGNER(S) m personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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 official seal. . SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT1 0 PARTNER(S) 0 LIMITED q GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) q GUARDIAN/CONSERVATOR 0 OTHER: ialh I~IATE 0~ DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTtTY(IES) 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 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. 1031 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF THE CARLSBAD, CALIFORNIA FOR APPROVAL AND EXECUTION OF A QUITCLAIM DEED OF A WATERLINE EASEMENT OVER A PORTION OF KELLY RANCH VILLAGE E, CMWD PROJECT NO. 96- 521 WHEREAS, Kelly Land Company; Marvin H. Sippel and Lucia C Sippel, Co- Trustees of the Sippel Revocable Family Trust; co-owners of the property, have submitted a request for a quitclaim of a waterline easement which was originally dedicated to the Carlsbad Municipal Water District dated March 30, 1964 recorded in the Offtce of the Recorder of San Diego County on May 20, 1964 as file/page no. 90323, and this easement is no longer necessary; and the Developer will maintain the existing water pipeline as a private system; and WHEREAS, 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 of Carlsbad, California, as follows; 1. That the above recitations are true and correct. 2. That the Quitclaim Deed conveying a waterline easement over a portion of Kelly Ranch Village E, CMWD Project No. 96-521, which will no longer be utilized for the purpose for which it was granted nor is it contemplated to be needed for the purpose of waterline installation, which in on file with the Secretary and is incorporated by this reference; is approved. III r 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 authorized to execute the Quitclaim Deed, and the Secretary is hereby authorized to cause the original deed to be returned to the original owner, Kelly Land Company; M&in H. Sippel and Lucia C. Sippel, Co- Trustees of the Sippel Revocable Family Trust; to be recorded in the Office of the County Recorder of San Diego County, State of California. PASSED, APPROVED, AND ADOPTED at a special meeting of the Board of Directors of the Carlsbad Municipal Water District held on the 1 day of ~ecembelj 19x, by the following vote, to wit: AYES: Board Members Lewis, Nygaard, Finnila & Hall NOES: None ABSENT: Board Member Kulchin ATTEST: CMWD 96-521 l!iXL#?&- ALETHA L. RAUTENKRANZ, Secretah (SEAL)