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HomeMy WebLinkAbout1999-10-26; Municipal Water District; 455; Poinsettia Shores Planning Area C Water EasementCARLSBAD MUNICIPAL WATER DISTRICT -AGENDA E AB# 455 TITLE- L MTG. 1 O/26/99 APPROVAL AND EXECUTION OF TWO QUITCLAIM DEPT. CMWD DEEDS OF WATER PIPELINE EASEMENT; APN 216- 140-30-00. CMWD PROJECT NO. 95-504 DEPT. HD. r & CITY Al-l-Y. RECOMMENDED ACTION: CT 98-6/CP 98-5) Adopt Resolution No. 1066 for approval and execution of two quitclaim deeds of water pipeline easement; APN 216-140-30-00, CMWD Project No. 95-504 ITEM EXPLANATION: This item is a request of GREYSTONE HOMES, INC., a Delaware corporation, owner of Poinsettia Shores Plan Area C, Lot IO, Condominiums, East Side of Windrose Circle, CMWD Project No. 95 504. These easements were granted to Carlsbad Municipal Water District per document: 1) A Portion of the Existing 20’ Water Easement Recorded November 06, 1958 in Book 7338, Page 303 of Official Records and 2) A Portion of the Existing 20’ Water Easement Recorded August 29, 1961 as File No. 150326 of Official Records. Both easements are lying within Lot 1 of Map No. 13653 in the City of Carlsbad, County of San Diego, State of California and were for water pipeline purposes. The easement contains an abandoned water pipeline that is no longer necessary. The engineering staff has reviewed the request and concurs with the owner that new water facilities have concurrently and adequately been provided for within the public right-of-way in Avenida Encinas and Windrose Circle. Therefor, the District is in agreement with the owner that the easement no longer necessary and can be quitclaimed to the owner. FISCAL IMPACT: This item has no fiscal impact. The abandoned easement was granted to the District for a no cost acquisition of the property, and the District will quitclaim the abandoned easement for a no cost return of the property. The owner has paid the standard $200 fee for processing of a quitclaim. ENVIRONMENTAL REVIEW: The Planning Director has determined that this item is exempt in accordance with CEQA Guidelines Section 15061 (b)(3) (the “General Rule”). 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: l 1. Location Map. 2. Quitclaim Deed of Easement, Recorded November 06, 1958 In Book 7338, Page 303 Of Official Records. 3. Quitclaim Deed of Easement, Recorded August 29, 1961 As File No. 150326, Of Official Records. 4. Resolution No. 1066 for approval and execution of two quitclaim deeds of water pipeline easement; APN 216-140-30-00, CMWD Project No. 95-504. . . . . . II -MITE IT - DON’T SAY-T! To File From Isabelle Paulsen Date November 18 0 Reply Wanted ONo Reply Necessary 19 gg Lorraine Wood informed me that she had sent the original quitclaim deeds to Mariane at CMWD for recordation processing. . ,.( ‘.I CXATION MAP’ PROJECT NAME PROJECT NUMBER EXHIBIT QUITCLAIM FOR EXIST. WATER EASEMENT 95-504 1 1 : 4 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 1066 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD, CALIFORNIA, FOR APPROVAL AND EXECUTION OF TWO QUITCLAIM DEEDS OF WATER PIPELINE EASEMENT; APN 216-140-30-00. CMWD PROJECT NO. 95-504. WHEREAS, GREYSTONE HOMES, INC., owner of Poinsettia Shores Plan Area C, Lot 10, Condominiums, East Side of Windrose Circle, CMWD Project No. 95-504, have submitted a ‘equest for approval and execution of two quitclaim deeds of a water pipeline easement granted :o Carlsbad Municipal Water District per document: 1) A Portion of the Existing 20’ Water Easement Recorded November 06, 1958 in Book 7338, Page 303 of Official Records and 2) A Dortion of the Existing 20’ Water Easement Recorded August 29, 1961 as File No. 150326 of Official Records. Both easements are lying within Lot 1 of Map No. 13653 in the City of Carlsbad, Zounty of San Diego, State of California and were for water pipeline purposes. Whereas new water facilities have been concurrently and adequately provided for within he public right-of-way of Avenida Encinas and Windrose Circle, and the abandoned water bipeline and easement will no longer be necessary; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has letermined it to be in the public interest to approve the two quitclaim deeds attached hereto; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Carlsbad Aunicipal Water District, as follows: 1. That the above recitations are true and correct. 2. That the Quitclaim Deed conveying a water pipeline easement lying within Lot 1 of tlap No. 13653 in the City of Carlsbad, County of San Diego, State of California, CMWD Project lo. 95-504, granted to the Carlsbad Municipal Water District, per document: 1) A Portion of the :xisting 20’ Water Easement Recorded November 06, 1958 in Book 7338, Page 303 of Official !ecords and 2) A Portion of the Existing 20’ Water Easement Recorded August 29, 1961 as File lo. 150326 of Official Records. recorded October 23, 1961 as File No. 18344 of Official Records, o longer will be necessary since new water facilities have been concurrently and adequately 1 provided for within the public right-of-way of Avenida Encinas and Windrose Circle, which is on 2 file with the Secretary and is incorporated by this reference, is approved. 3 3. That the President and the Secretary are authorized and directed to execute said 4 quitclaim deeds. Following the Presidents signature of the said quitclaim deed, the Secretary is 5 further authorized and directed to cause the original deed to be returned to the owner, 6 GREYSTONE HOMES, INC., 5973 Avenida Encinas, Suite 101, Carlsbad, California, 92008, to 7 be recorded in the Office of the County Recorder of San Diego County, State of California. 8 g PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water 10 District held on the 26’” day of OCTOBER , 1999, by the following vote to wit: 11 12 AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin 13 14 15 16 17 18 NOES: None ABSENT: None 19 20 21 22 23 24 25 26 27 28 ATTEST: / AmA L. wNKR#JZ, Secretary (SEAL) v KAREN R. KUNDTZ, Assistant Secretary s . I RECORDING REQUESTED BY , GREYSTONE HOMES AND WHEN RECORDED, PLEASE MAIL TO: GREYSTONE HOMES 5973 AVENIDA ENCINAS SUITE 101 CARLSBAD, CALIFORNIA 92008 MAIL TAX STATEMENTS TO: GREYSTONE HOMES 5973 AVENIDA ENCINAS SUITE 101 CARLSBAD, CALIFORNIA 92008 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. 216-140-30-00 Project No. & Name 95504: POINSETTIA SHORES PLAN AREA C. LOT 10. CONDOMINIUMS. EAST SIDE OF WlNDROSE CIRCLE CARLSBAD MUNICIPAL WATER DISTRICT WILLIAM E. PLUMMER, P.E., Deputy City Engineer QUlTCLAIM 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 GREYSTONE HOMES, INC., all right, title and interest in the property described in Exhibits “A” & “B”, consisting of TWO (2) pages, which are attached hereto and made a part hereof. Executedon November 3, 192, at Carlsbad, California I APPROVED AS TO FORM: RONALD R. BALL. GENERAL COUNSEL ATTEST: !@EJ$lA LMENKWZ, Secretary KAREN R. kJNDTZ,&!sistant Secretary (Notarial acknowledgement of execution of Grantor must be attached.) 1 O/29/98 Rev. State of California dv &w I ss. County of On b4+‘6 /?9, before me, M %7 l m Date personally appeared e and Title of Officer (e.g., “Jane Doe. Notary P&ii”) , Name(s) cd Signer(s) LORRAINE M, WOOD Commkion # 1225172 ~~tiii - cdiianb Place Notaiy Seal Above iX7personally known to me •i proved to me on the basis of satisfactory evidence to be the person Pf whose name Ff isk9t-e subscribed to the within instrument and acknowledged to me thaahelthey executed the same in @her/their authorized capacity&+ and that by @her/their signaturwn the instrument the persowor the entity upon behalf of which the person@+ acted, executed the instrument. WITNESS mv hand and official seal. . Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevenf fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Nam_ed Above: Capacity(ies) Claimed by Signer Signer’s Name: q individual Ci Corporate Officer - Title(s): Cl Partner - 0 Limited 0 General 0 Attorney in Fact Cl 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 1-600-676-6627 APRIL 21, 1999 J.N. : 971058-3 EXHIBIT "A" QUITCLAIM WATER EASEMENT THAT PORTION OF THE EXISTING 20' WATER EASEMENT GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED NOVEMBER 6, 1958 IN BOOK 7338, PAGE 303 OF OFFICIAL RECORDS, LYING WITHIN LOT 1 OF MAP NO. 13653 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JANUARY 31, 1985 IN THE OFFICES OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 1; THENCE ALONG THE EASTERLY BOUNDARY OF LOT 1 SOUTH 24O31'56" EAST 721.77 FEET TO A POINT ON THE NORTH LINE OF SAID WATER EASEMENT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 24O31'56" EAST .21.97 FEET; THENCE, LEAVING SAID ,EASTERLY BOUNDARY, SOUTH 89O53'36" WEST 182.90 FEET TO A POINT ON A NON-TANGENT 773.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, THE RADIAL LINE TO SAID POINT BEARS NORTH 68O43'43" EAST, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF WINDROSE CIRCLE PER MAP NO. 11616 RECORDED SEPTEMBER 12, 1986 AS FILE NO. 86-402404; THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY AN ARC DISTANCE OF 21.57 FEET THROUGH A CENTRAL ANGLE OF 01'35'55"; THENCE, LEAVING SAID RIGHT-OF-WAY, NORTH 89O53'36" EAST 181.88 FEET TO THE TRUE POINT OF BEGINNING. AREA t 3,647 SQUARE FEET CMWD 95-504 MZY IMMmSf CiRZE AS WO#w OV W’S /f6/6 AM0 I.?f8f, IL: M37~27z EflSI: SD&f EASEMiVT EkSh?NC 6’ MN &X!SRuCnn6v EAXh’flVr REC: s?I: 0, 1997 AS Eml ?Z’UTY v &4Ris8AO ACCESS .ez: MA? 134.84 ‘y-\Y -tT” a Ema \ 1 LxizwzNr h?Fc 5-03-74 ‘N-v AS fZE NO 74-115355, o.R.~~--/A- ~\y m A =&534'51' 29.70’ a N 37wzf E 2&Z l 377f’ 29/.&i’ M81’ @ A-26-- I @ N 24-.3f’ss’ W 93’ (5) N i3zvY6- w 9.89 N 2cJ156- W 21.97’ VICINITY MAP mw #o-w -c+ -w--4 hmm-w;ro s EQUESTED BY: ?rn!E MmEs P73 AK &WffA.$ SE IO/ IRLW, a 9m EXHIBIT ‘B’ t -- -- _-- - - QUl7iiMlM FAT-OR EXISL WATER CQSEMENT SHT. I YI PREPARED BY: I ^F..‘! f SmS. J % m A.P.N. 216-1/o-30-00 95-504 DATE m 21. ?$% F:MBS\%lDl9\9619NO~ 8-4-99 64904 an - APRIL 21, 1999 J.N.: 971058-3 EXHIBIT "A" QUITCLAIM WATER EASEMENT THAT PORTION OF THE EXISTING 20' WATER EASEMENT GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED AUGUST 29, 1961 AS FILE NO. 150326, OF OFFICIAL RECORDS, LYING WITHIN LOT 1 OF MAP NO. 13653 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED JANUARY 31, 1985 IN THE OFFICES OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 1, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE EASTERLY BOUNDARY OF LOT 1 SOUTH 24O31'56" EAST 721.77 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY SOUTH 89"53'36" WEST 21.97 FEET TO A POINT ON THE WESTERLY LINE OF SAID WATER EASEMENT; THENCE NORTH 24"31'56" WEST 628.22 FEET TO A POINT ON A NON- TANGENT 291.05 FOOT RADIUS CURVE, CONCAVE TO THE WEST, THE RADIAL LINE TO SAID POINT BEARS NORTH 81O16'28" EAST, SAID POINT BEGIN ON THE EASTERLY RIGHT-OF-WAY OF AVENIDA ENCINAS PER MAP NO. 11616 RECORDED AS FILE NO. 86-402404, RECORDED SEPTEMBER 12, 1986 IN THE OFFICES OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OFFICIAL RECORDS; THENCE ALONG SAID RIGHT-OF-WAY NORTHERLY AN ARC DISTANCE OF 80.29 FEET THROUGH A CENTRAL ANGLE OF lSO48'24"; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 24O31'56" WEST 9.30 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 89O57'36" EAST 9.89 FEET TO THE TRUE POINT OF BEGINNING. AREA = 13,722 SQUARE FEET CMWD 95-504 AWi’& tM%W LniW hfOR!r%wmY ckr HE N~CION Wm MNOROX CHUE AS SHOWN LW WS 11616 AND IJIBI, x N3?562fE EMS1 SX4E EAS5MENT EXfSRNG 6’ Ml&T CWSRuCnm UEC 2-25-87 AS fZE EA.%hllffT ~?i?c S!iFY 9, 1997 AS nr E ffo 1997-o-435602 a 20’ WA rR EASEMTiVT g-29-61 AS ffLE NC;! 150326, Q.R. EASiFt’t Y &W’DHRY tXh!SRUCflnbv & MAbWNANANcE 7 REC 9-9-97 AS f7lLE NCZ 1997-435603, OR. MAP 134.34 ’ @ N 2cJ1’56’ w 9.w --@y N 8F5736- W 9.&Y @ Nt%5?~3fE ’ - 21.97 A =m35~ 291.w 5452 EXHIBIT ‘8’ QUJTCUJM PUT FOR EXJSZ WAJi5R GQSEMENT I EQUESTED By: 1 PREPARED By: I SHT. I OF .t SHTS. DATE &%! 21. 1999 ~%1019\9619NoT E-4-99 54904 an I ~* ,, . . . - . RECORDING REQUESTED BY GREYSTONE HOMES I a AND WHEN RECORDED, PLEASE MAIL TO: GREYSTONE HOMES 5973 AVENIDA ENCINAS SUlTE iO1 CARLSBAD, CALIFORNIA 92008 MAIL TAX STATEMENTS TO: GREYSTONE HOMES 5973 AVENIDA ENCINAS SUITE 101 CARLSBAD, CALIFORNIA 92008 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. Assessor’s Parcel No. 218-140-80-90 Project No. & Name 95-504: POlNSElTlA SHORES PLAN AREA C, LOT IO. CONDOMINIUMS. EAST SIDE OF WlNDROSE CIRCLE ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CARLSBAD MUNICIPAL WATER DISTRICT QUlTCLAIM 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 GREYSTONE HOMES, INC., all right, title and interest in the property described in Exhibits “A” & “B”, consisting of TWO (2) pages, which are attached hereto and made a part hereof. Executedon November 3. 19*, at Carlsbad, California , APPROVED AS TO FORM: RONALD R. BALL. GENERAL COUNSEL BY ATTEST: istant Secretary (Notarial acknowledgement of execution of Grantor must be attached.) 1 10129198 Rev. State of California &ca iq-@ , Coupty of > ss. On ti-a’qbefore me, 6 )-h . W Date cer (e.g.. ‘Jane Doe. Ndary Public”) personally appeared , Name(s) of Signer(s) ,&personally known to me 0 proved to me on the basis of satisfactory evidence --. Cunmlssicn # 1225172 1 NotayPubGc-m # 1 1 -~ MyczG?~%,aD(D Place Notary Seal Above to be the ms) whose 4s) Qare subscribed to the within instrument and acknowledged to me that@&he/they executed the same in @her/their authorized capacity(Ge+, and that by @erAheir signature&+-on the instrument the personfs): or the entity upon behalf of which the person++ acted, executed the instrument. my hand and official seal. k297.m Signature of Notary Public 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 iitle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): Cl Partner - Cl Limited Cl General q Attorney in Fact Cl Trustee 0 Guardian or Conservator Cl Other: Signer Is Representing: lop of thumb here 0 1997 National Notary Associatmn * 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 913132402 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6827 October 21, 1999 /o -Z&-q9 &l C/w0 ’ TO: ALETHA RAUTENKRANZ, CITY CLERK FROM: William Plummer, Deputy City Engineer . QUITCLAIM DEED OF A WATER LINE EASEMENT: POINSETTIA SHORES PLAN AREA C,LOT 10, CONDOMINIUMS, EAST SIDE OF WINDROSE CIRCLE;CMWD PROJECT NO. 95-504 Attached is the original copy of the subject original quitclaim deed(s) of a water line easement document tentatively scheduled for approval and execution at the October 20, 1999, Board of Directors Meeting. Upon approval and execution, please return original copy to me for further processing. Very truly yours, Senior Office Specialist Enc. (2) CMWD 95-504