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Home My WebLink About1999-01-05; Municipal Water District; 430; Mariners Point Quitclaim Deedw &O I CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL AB# L(36 TITLE: APPROVAL AND EXECUTION OF A MTG. 01/05/99 QUITCLAIM DEED OF A WATER PIPELINE EASEMENT OVER A PORTION OF LOT 7 CITY ATTY. DEPT. CMWD MARINERS POINT, CMWD PROJECT NO. 86-504 CITY MGR. RECOMMENDED ACTION: c-i- W--l& Adopt Resolution No. /a3 5 for a approval and execution of a quitclaim deed of a water pipeline easement over a portion of Lot 7, Mariners Point, CMWD Project No. 86-504. ITEM EXPLANATION: I This item is a request of Stephen D. Doan and Tahra D. Doan, owners of Lot 7, Mariners Point, located between Lemon Leaf Drive and Aviara Parkway. The owners have requested that the portion of a water easement granted to Carlsbad Municipal Water District recorded July 21, 1958 in Book 7174, Page 308 O.R. which crosses over a portion of their property Lot 7, Mariners Point should be quitclaimed to them since it no longer contains pipelines or is necessary. The engineering staff has reviewed the request and concurs with the owner’s contention that the water pipeline was moved into the public right-of-way and will no longer be necessary since the water pipeline has concurrently and adequately been provided for within the public right-of-way. Therefor, the District is in agreement with the owner that the original pipeline easement granted to the District can be quitclaimed to the owner. FISCAL IMPACT: This item has no fiscal impact. The original easement was granted to the District for a no cost acquisition of the property, and the District will quitclaim the easement for a no cost return of the property. The owner will pay the standard $200 fee for processing of a quitclaim. ENVIRONMENTAL REVIEW: This item is exempt in accordance with Section 15061 Section (b)(3) Review for Exemption, The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. EXHIBITS: 1. Location Map. 2. Quitclaim Deed. 3. Resolution No. 10 31 for approval and execution of a quitclaim deed of a water pipeline easement over a portion of Lot 7, Mariners Point, CMWD Project No. 86-504 LOCATION MAP ‘ROJECT NAME: Project No. Exhibit No. .OT 7, MARINERS POINT 86-504 I - - RECORDING REQUESTED BY Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: Stephen D. Doan and Tahra D. Doan 6768 Lemon Leaf Drive Carlsbad, California 92009 MAIL TAX STATEMENTS TO: Stephen D. Doan and Tahra D. Doan 6768 Lemon Leaf Drive Catlsbad, California 92009 Space above this line for Recorder’s Use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ 00.0 ( ) computed on full value of 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. Assessor’s Parcel No. 214-550-07 Project No. & Name 86-504. Lot 7. Mariners Point CARLSBAD MUNICIPAL WATER DISTRICT WILLIAM E. PLUMMER, P.E., District Engineer QUITCLAIM DEED CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to STEPHEN D. DOAN AND TAHRA D. DOAN. Husband and Wife as Communitv Prooertv, 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. Executedon ~anllarv 12 . UNICIPAL WAT 192,at Carlsbad. California APPROVED AS TO FORM: (Notarial acknowledgement of execution of Grantor must be attached.) 1 1 O/29/98 Rev. State of California 1 1 County of k On \!I’$:: ‘Ob personally appeared a/- personally known to me -OR- Cl proved to me on the basis of satisfactory evidence to be the person ubscribed to the within instrument and tkeyl executed the same in U&&heir authorized capacity@sJ, and that by.hi@@tbeir signatureHon the instrument the personr, or the entity upon behalf of which the person P acted, executed the instrument. WITNESS, my hand and official seal. (This area for official notary seal.) Title or Type of Document w Date of Document \ fp qq Signer(s) other than named J above No. of Pages CMWD 86-504 06/l 4/95 Rev. State of California . -iLQ&b > ss. County of personally appeared Name(s) of Signer(s) Place Notaly Seal Above GI$&sonally known to me q proved to me on the basis of satisfactory evidence to be the person(?) whose name@@- subscribed to the within instrument and acknowledged to me tha@$M&hey executed the same in abe&& authorized capacityJie5), and that by (@h&&z+ signature r on the instrument the person(gf: or the entit upon behalf of which the personw acted, executed the instrument. WITNESS my hand and official seal. . OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document e - Title or Type of Document: aed Q,* Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: q Individual 0 Corporate Officer - Title(s): q Partner - 0 Limited q General II Attorney in Fact q Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here 8 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1500-876-6827 i 5620 Friars Road San Diego RICKENGINEERINGCOMPANY California 92110-2596 (619)291-0707 Legal Description J-l 2494 LEGAL FOR QUITCLAIM OF WATER EASEMENTS IN LOT 7 OF MARINERS POINT (CMWD EASEMENT) By: RB/jb.O17 Date: November 9, 1998 TC Ret. co. Order No. Date Descr. Rev. By Page 1 of 1 EXHIBIT “A” That portion of that easement to Carlsbad Municipal Water District recorded July 21, 1958 in Book 7174, Page 308 of Official Records lying within Lot 7 of Carlsbad Tract 91-l 2, Unit No. 1 in the City of Carlsbad, County of San Diego, State of California according to Map No. 13394 on file in the Office of the San Diego County Recorder of said state. RE103 4m9 mWsGAD Tr?ACT 91-12 6 “z\ \ WATER EASEMENT TO iHE CITY OF CARLSBAD BY FINAL tiRDEi? Of CONDEh4NATION. - N69946 REC. NOVEMBER /5./9%i?b’ii 0 “\ SUPERIOR COURT CASE NO. -37 \ \ AS FILE NO.199617578777 OR. \ . 1 WATEk EASEMENT GRA;yIC :X&ALE = IICK ENGINEERING COMPANY 5620 FRIARS ROAD, SAN DIEGO, CA. 92110-2596 PHONE: (619) 291-0707 TO CARLSBAD MUNICIPAL WATER DISTRICT REC. JULY Z/,1958 IN BOOK 7174. PAGE 308 OR. EXHIBIT “B’ PLAT TO ILLUSTRATE LEGAL DESCRIPTION OF WATER EASEh4ENTS WER LOT 7 OF MARhVERS POINT UNIT / SHEET I OF I PROJECT NO. 12494 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. 1o35 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD, CALIFORNIA FOR APPROVAL AND EXECUTION OF A QUITCLAIM DEED OF A WATER PIPELINE EASEMENT OVER A PORTION OF LOT 7, MARINERS POINT, CMWD PROJECT NO. 86504 WHEREAS, Stephen D. Doan and Tahra D. Doan, owners of Lot 7, Mariners ~ Point, have submitted a request for approval and execution of a quitclaim deed of a portion of a water pipeline easement granted to Carlsbad Municipal Water District ~ recorded July 21, 1958, in Book 7174, Page 308 O.R., which crosses over a portion of Lot 7, Mariners Point, CMWD Project No. 86-504, located between Lemon Leaf Drive and Aviara Parkway for pipeline purposes, since the water pipeline was moved into the public right-of-way and will no longer be necessary, because the water pipeline has concurrently and adequately been provided for within the public right-of-way; 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; and 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 pipeline easement over a portion of Lot 7, Mariners Point, CMWD Project No. 86504, located between Lemon Leaf Drive and Aviara Parkway granted to the Carlsbad Municipal Water District, 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; 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 returned to the original owner 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 Carlsbad Municipal Water District held on the 5 th day of January 1999 , by the following vote to wit: AYES: Board Members Lewis, Nygaard, Finnila, Hall & Kulchin I NOES: None ABSENT: None ATTEST: ALHHA L.%&&&lkN (SEAL) CMWD 86-504