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Home My WebLink About1999-12-07; Municipal Water District; 459; Quitclaim Deed of Water Pipeline Easementa s % % C A PflK \ AB# 459 TITLE- - MTG. 12/07/99 APPROVAL AND EXECUTION OF A QUITCLAIM DEED DEPT. CMWD OF WATER PIPELINE EASEMENT; APN 212-120-28, CMWD PROJECT NO. 97-278 RECOMMENDED ACTION: CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL I A/V DEPT. H& 2& CITY ATTY. CITY MGS Adopt Resolution No. 1068 for Approval And Execution Of A Quitclaim Deed Of Water Pipeline Easement; APN 212-120-28, CMWD Project No. 97-276 ITEM EXPLANATION: This item is a request of DIVERSIFIED CARLSBAD 47 & 48, LLC, a California Limited Liability Company, owner of that portion of Lot 48 of Carlsbad Tract No. 85-24 Unit No.3 in the City of Carlsbad, County of San Diego, State of California According To Map Thereof No. 11810. This easement for water pipeline purposes was granted to Carlsbad Municipal Water District per document: Grant Deed of Water Line Easement recorded July 23, 1998 as Document No. 1998- 0458764 in the Office Of The San Diego County Recorder. Construction of a waterline in the adjacent property (Lot 49) deemed it unnecessary to construct a section of the waterline in that portion of Lot 48. The engineering staff has reviewed the request and concurs with the owner that a portion of said easement in Lot 48 is no longer necessary and can be quitclaimed to the owner, FISCAL IMPACT: This item has no fiscal impact. The 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 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: 1. Location Map. 2. Deed of Easement For APN 212-120-28, Lot 48, Carlsbad Tract 85-24, Carlsbad Research Center Unit 3, Recorded July 23, 1998 As Document No. 1998-0458764 In The Office Of The County Recorder of San Diego County. 3. Quitclaim Deed For APN 212-120-28, A Portion Of Lot 48, Carlsbad Tract 85-24, Carlsbad Research Center Unit 3 4. Resolution No. 1068 for approval and execution of quitclaim deed of water pipeline easement; APN 212-120-28, CMWD Project No. 97-276. LOCATION MAP SITE A N NOT TO SCALE PROJECT NAME QUITCLAIM FOR EXIST. WATER EASEMENT PROJECT NUMBER EXHIBIT 97-276 I I 1 1 , . f -1 . . ‘- 1’1 it T T 2 0 .a. . . . : , RECORDING REQUESTED BY * ’ Diversified Carlsbad 47 & 48, L.L.C. AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 MAIL TAX STATEMENTS TO: F EXEMPT i .r,? .* Please record the document at no ‘ fee as it is to the benefit of the District (Gov. Code [6103].) 128 JL.11 233 1338 9:35 Ai+3 Space above this line for Recorder’s use. OFFICIFtt RECORDS SAN DIEGO COUNTY RECORDER’S WICE GREGORY J. SMITH, l.iOUtlTY RECORDER FEES: 0.00 OC: WI The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 ( ) 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. 212-120-28 Project No. & Name 97-278, Lot 48. Carlsbad Tract 85-24. Carlsbad Research Center Unit 3 ( ) Unincorporated area: (x) City of Carl&ad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CARLSBAD MUNICIPAL WATER DISTRICT GRANT DEED OF WATER LINE EASEMENT DIVERSIFIED CARLSBAD 47 & 48, L.L.C., a California Limited Liability Company does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, its successors and assigns, an easement. Purpose: the easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from 1 1 O/20/97 Rev. : - . I .- *. . . . 129 - - . . natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking e . I devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit “A” and Exhibit “B” attached hereto and by this reference made a part hereof. Executed by the Grantor this \c 19% day of l!cmL, GRANTOR DIVERSIFIED CARLSBAD 47 & 48, L.L.C., a California Limited Liability Company h (name of grantor) (title of signatory) Bv: (sign here) (title of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL By: JANE M LDI, Deputy General Counsel CMWD 97-278 2 1 O/20/97 Rev. pl& 4 6.s; 15 ’ . , r -8 1. . . 1 130 STATE OF CALIFORNIA 7 }ss. COUNTY OF&d &!? 6-C’ I On {- /c 78 DATE before me, NAME AND TITLE OF OFFICER personally appeared NAME(S) OF SIGNER(S) personally known to me - OR - ” 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 acknowledged 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. I SAN1 WMM. A 116478 NOTARY f+J@Lbc-‘XiFORNU (This area for official notary seal.) Title or Type of Document &f'd~~ DGcD dp t!bAZ5< L/tvE &?iiEmErr,7 Date of Document 2+/s-. $8 No. of Pages Signer(s) other than named above CMWD 97-278 06/l 4195 Rev. _ c -1 -0 . . . , 131 On DATE NAME AND TITLE OF OFFICER personally appeared NAME(S) OF SIGNER(S) personally known to me - OR - is/are subscribed to the within instru authorized capacity(ies), and tha which the person(s) acted, exec basis of satisfactory evidence to be the person(s) whose name(s) ledged to me that he/she/they executed the same in his/her/their ure(s) on the instrument the person(s), or the entity upon behalf of WITNESS my hand and official seal. SIGNATURE OF NOTARY \ (This area for official notary seal.) Title or Type of Document Date of Document Signer(s) other than named above CMWD 97-278 ** c. ‘1. * , . ., . -* 132 EXHIBIT “A” ALL THAT PORTION OF LOT 48 OF CARLSBAD TRACT NO. 85-24 UNTT NO. 3 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNTA, ACCORDING TO MAP THEREOF NO. 118 10, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987; DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 48, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL’ BEARING TO SAID POINT BEARS NORTH 63 ’ 43’ 33” WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15”01’45”, AN ARC DISTANCE OF 15.74 FEET TO A POINT ON SAID CURVE, A RADIAL LINE TO SAID POINT BEARS NORTH 48”41’48” WEST, SAJD POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVTNG SAID CURVE AND SAID RIGHT-OF-WAY, NORTH 39”06’09” WEST 39.46 FEET; THENCE NORTH 63”43’33” WEST 229.82 FEET; THENCE SOUTH 26” 16’27” WEST 32.00 FEET TO THE SOUTHWESTERLY PROPERTYLINE OF SAID LOT 48; THENCE ALONG SAID PROPERTY LINE NORTH 63’43’33” WEST 20.00 FEET; THENCE NORTH 26’16’27” EAST 53.91 FEET; THENCE NORTH 40’05’59” EAST 344.09 FEET; THENCE N0RTH49”54’01”WEST8.04FEET;THENCEN0RTH40”05’59”EAST20.00FEET;THENCE S0UTH49”54’01”EAST 10.94FEET;THENCENORTH82”09’56”EAST 157.27FEETTOTHE EASTERLY PROPERTY LINE OF SAID LOT 47; THENCE SOUTH 12” 14’36” WEST 21.29 FEET; THENCE SOUTH 82’09’56” WEST 146.59 FEET; THENCE SOUTH 40’05’59” WEST 314.20 FEET; THENCE SOUTH 49’54’01” EAST 21.91 FEET; THENCE SOUTH 40’05’59” WEST 20.00 FEET; THENCE NORTH 49’54’01” WEST 21.91 FEET; THENCE SOUTH 40”05’59” WEST 16.04 FEET; THENCE SOUTH 63’43’33” EAST 234.06 FEET; THENCE SOUTH 39’06’09” EAST 43.82 FEET TO THE NORTHERLY RIGHT-OF-WAY OF RUTHERFORD ROAD AND ON A 60.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 29’30’31” WEST, THENCE SOUTHWESTERLY ALONG SAID ARC OF THE SAID CURVE THROUGH A CENTRAL ANGLE OF 19”11’17”ANARCD1STANCE0F20.09FEETT0 THETRUEPOINT -.:-- OF BEGINNING. SEE EXHIBIT “B” ATTACHED HERETO. JORGE H. PALACIOS; RCE 3203 1 Noccrll7ocxh~ -I._ , 1. F’ . --... L . L : . . C. .p”E, .W.D. 97-276 --9 v.... i MAP NO. 11810 SCALE: t-=80’ CURVE TABLE CURVE RADIUS DELTA ARC LENGTH Cl 60.00 19’11’17” 20.09’ WA TERLINE EASEMENT PLA T . : ~mJ 2G?-h?ep SALE: l-=60 JP ENGINEERING, INC. JOB NO . Al?? 9-19-97 4849 RONSON COURT, SUITE 105 i,II . i! SAN DIEGO, CA 92111 . t f 470-97 RAW: AL APRVD: JP (619) 569-7377 FAX (619) 569-0830 &/DWG.4NO.. . ‘: C.M.W.D. 87-276 h .- “W” R,i30% \5 134 - CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated April 15 19 96from DIVERSIFIED CARLSBAD 47 & 48, L.L.C., a California Limited I - Liabilitv ComPany to the Carlsbad Municipal Water District, Cartsbad, California, pursuant to the Municipal Water District Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED: June 5, 1998 CMWD 97-289 KAREN R. KUNDTZ, As&.tant Secretary 1 l/03/97 Rev. 1 2 RESOLUTION NO. 1o68 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER 3 DISTRICT, CARLSBAD, CALIFORNIA, FOR APPROVAL AND EXECUTION OF A QUITCLAIM DEED OF WATER PIPELINE 4 EASEMENT; APN 212-120-28, CMWD PROJECT NO. 97-276 5 WHEREAS, DIVERSIFIED CARLSBAD 47 & 48, LLC, a California Limited Liability 6 Company, owner of that portion of Lot 48 of Carlsbad Tract No. 85-24 Unit No.3 in the City of 7 Carlsbad, County of San Diego, State of California According To Map Thereof No. 11810. This 8 easement was for water pipeline purposes and was granted to Cadsbad Municipal Water District 9 per document: Grant Deed of Water Line Easement recorded July 23, 1998 as Document No. 10 1998-0458764 in the Office Of The County Recorder of San Diego County. 11 12 Whereas new water facilities have been concurrently and adequately provided for within 13 an adjacent property (Lot 49) and no water line was ever constructed within that portion of Lot 14 48; that section of the easement will no longer be necessary; and 15 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it to be in the public interest to approve the quitclaim deed attached hereto; and 16 17 NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Carlsbad Municipal Water District, as follows: 18 1. That the above recitations are true and correct. 19 2. That the Grant Deed conveying a water pipeline easement lying within that portion 20 of Lot 48 of Carlsbad Tract No. 85-24 Unit No.3 in the City of Carlsbad. County of San Diego, 21 State of California According To Map Thereof No. 11810; granted to Carlsbad Municipal Water 22 District per document: Grant Deed of Water Line Easement recorded July 23, 1998 as 23 Document No. 1998-0458764 in the Office Of The County Recorder Of San Diego County has 24 been deemed no longer necessary as new water facilities have been concurrently and 25 adequately provided for within an adjacent property (Lot 49) and no water line was ever 26 constructed within that portion of Lot 48; which is on file with the Secretary and is incorporated by 27 this reference, is approved. 28 1 3. That the President and the Secretary are authorized and directed to execute said 2 quitclaim deed. Following the President’s signature of said quitclaim deed, the Secretary is 3 further authorized and directed to cause the original deed to be returned to the owner, 4 DIVERSIFIED CARLSBAD 47 & 48, L.L.C., a California limited liability company, to be recorded 5 in the Office of the County Recorder of San Diego County, State of California. 6 II 7 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water 8 District held on the 7th day of DECEMBER ,I999 I by the following vote to 9 wit: 10 11 AyEs:Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None 14 15 16 17 18 19 AT-l-EST: (I 20 21 r AMHAWENKWZ, Secretary 22 KAREN R. KUNDTZ, Assistant Secretary II 23 24 25 26 27 28 (SEAL) . RECORDING REQUESTED BY * DIVERSIFIED CARLSBAD 47 & 48, LLC., a California Limited Liability Company AND WHEN RECORDED, PLEASE MAIL TO: DIVIERSIFIED CARLSBAD 47 & 48, LLC MAIL TAX STATEMENTS TO: DIVIERSIFIED CARLSBAD 47 8 48, LLC c/o WILLIAM TSCHANTZ 1770 GILLESPEE WAY SUITE 101 EL CAJON, CALIFORNIA 92020 Space above this line for Recorder’s Use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 ( ) 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.: 212-120-28 Project No. & Name: 97.276,LOT 48,CARLSBAD LOT 48, CARLSBAD TRACT 85.24, CARLSBAD RESEARCH CENTER UNIT 3 ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CARLSBAD MUNICIPAL WATER DISTRICT 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 DIVERSIFIED CARLSBAD 47 8 48, LLC., 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. Executed on 19 -9 at Carlsbad, California CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad BY CLAUDE A. LEWIS, President ATTEST: ALETHA L. RAUTENKRANZ, Secretary APPROVED AS TO FORM: . RONALD R. BALL, GENERAL COUNSEL Bv lOi29i98 Rev. sx \b&\5 EXHIBIT “A” i ALL THAT PORTION OF LOT 48 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 3 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAT’ THEREOF NO. 118 10, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987; DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 48, SAID POINT BEING ON THE NORTHWESTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD, AND ON A 60.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL BEARING TO SAJD POINT BEARS NORTH 63 ’ 43’ 33” WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAJD CURVE, THROUGH A CENTRAL ANGLE OF 15 “01’45”, AN ARC DISTANCE OF 15.74 FEET TO A POINT ON SAID CURVE, A RADIAL LINE TO SAID POINT BEARS NORTH 48 “41’48” WEST; THENCE LEAVING SAID CURVE AND SAID RIGHT-OF-WAY, NORTH 39”06’09” WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 39”06’09” WEST 34.46 FEET; THENCE NORTH 63”43’33” WEST 229.82 FEET; THENCE NORTH 26”38’14” EAST 20.00 FEET; THENCE SOUTH 63”43’33” EAST 234.06 FEET; THENCE SOUTH 39”06’09” EAST 38.82 FEET; THENCE SOUTH SO”53’51” WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING. SEE EXHIBIT “B” ATTACHED HERETO. JORGE H. PALACIOS, RCE 3203 1 C.M.W.D. ?+2~ / ’ m-r 4.3 CARLSSAD // TRACT No. t35 uw-r 1wo. 3 // MA? NO. 1 Mo /4 EXISTING 20’ EASEMENT / TO CITY OF CARLSEAD PER DOC. NO. 1998-0458764 DATED JULY 23. 1998 ,80’ EXHIBIT ‘B’ / QC ’ / APN 212-120-28 ABANDONMENT OF WATERLINE EASEMENT PLAT :ALE: 1 “= 80’ JP ENGINEERING, INC. JOB NO. 1 TE: 5- 24-99 4849 RONSON SUITE 105 COURT, 470-97 SAN DIEGO, CA 92111 OWG. NO. 7AWN: AL APRVLI: JP (619) 569-7377 FAX (619) 569-0830 C.M.W.D. 97-276 1 STATE OF CALIFORNIA 1 ) ss. COUNTY OF I On DATE before me, NAME AND TITLE OF OFFICER personally appeared NAME(S) OF SIGNER(S) q 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 acknowledged 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 (This area for official notary seal.) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD 97-276 06/l 4/95 Rev.