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Home My WebLink About1999-12-14; Municipal Water District; 460; Pacific View Estates - Quitclaim Deed.I - h A Y/J\ \ L CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL \ AB# 460 TITLE- L DEPT. H . MTG. 12/14/99 ?!E APPROVAL AND EXECUTION OF A QUITCLAIM DEED m-Y *TTY- l DEPT. CMWD OF WATER PIPELINE EASEMENT; APN 167-250-16; PACIFIC VIEW ESTATES; CMWD PROJECT NO. 96-516 CITY MG- RECOMMENDED ACTION: Adopt Resolution No. 1069 for Approval And Execution Of A Quitclaim Deed Of Water Pipeline Easement; APN 167-250-16; Pacific View Estates; CMWD Project No. 96-518. ITEM EXPLANATION: This item is a request of LB/L - CONCORDIA CARLSBAD - 25, LLC., a Delaware limited liability company. This easement was granted to Carlsbad Municipal Water District per Document: 1998- 0202772, recorded April 10, 1998, in the Office of the Assessor/Recorder of San Diego County. The easement is lying within Lot 1 of Map No. 11973, in the City of Carlsbad, County of San Diego, State of California and was for water pipeline purposes. No water pipelines were constructed within this easement as a result of a proposed Tentative Map Amendment. The engineering staff has reviewed the request and concurs with the owner that new water facilities are concurrently and adequately otherwise provided for within separately dedicated easements. Therefor, the District is in agreement with the owner that the easement is 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: 1. Location Map. 2. Deed of Easement: Document No. 1998-0202772, Recorded April 10, 1998, in the Office of the Assessor/Recorder of San Diego County. 3. Quitclaim Deed of Easement. 4. Resolution No. lo69 for Approval And Execution Of A Quitclaim Deed Of Water Pipeline Easement; APN 167-250-16; Pacific View Estates; CMWD Project No. 96-518. /h -\ LOCATION MAP \ ‘. \ \ laxr5na~ura- Ucu-cUn-~cltcrW \ NXlU?!S3liWdCU- I ‘ROJECT NAME: Project No. ‘ACIFIC VIEW ESTATES 96-518 Exhibit No. I 2 .* .’ . .’ . , A+ MAI& TAX STATEMENTS T+ Y ‘: jj EXEMPT ; PIeA* record the documentil’no fea zis It Is to the bet+efn (jf the DOC a APr 2.0, Disbict{Gm.Cocte[61C)3].)' : I Space above this line The undersigned grantor(s) d&are(s): Documentary transfer tax is $3 --- ‘~~-jXi5tipiaed on full value of property conveyed, or ( ) computed OR full value less blue of Rens and ( encumbyws remaining at time of sala ) Unincorporatqd area: (x) Citi of G&&j- and FORAVALUABLE CO@jSIDERAIlON, receipt of;whii ie hereby acknowledged. WATER OlSiRlCT GRANT DEED OF WATER LlNE EASEMENT successors and IPAL WATER DISTRICT, a Public Agency orgznlzed in the State of Califomi and structurns natirai and 0th 3 devices, alarms, ilghts, and 411 &her protective facilities and devices. The use shall also include a means of aooess to and .* * km mid facMty far the put&e of oonstnMfng, operating. repdklng, m&Waining, lrtspectlng and reconstructing sdd facility. i The uses d+bed hereln sha5 be exclusive to the Grantee. Grantor herein agrees that no buitdfn& and/or structurea will be erected, waits oonstruotad, fences buitt nor trees planted, nor may the easement be used by the Grantor or any other person~cr,entii, incfuding other uttlities, whether pubifc or private, for uses whether ootnpatibk b inoo&atibls with the uses d&tied herein without ihe express written approval of the Grantee. I LOCATiON OF ME EASE&NT: The easement granted herein shalt be located within and upon the properties more paRiCUlarfy described in Exhibit “A” and Exhibit ?3” &ached hereto and by ihls reference made a part hereof. I . r bytheGrenbrthii 3 . ..e. - : : : GRANTOR g PAClFlC VlEW COMMUNiTlES LLC., a Califomi tlmlted Liablllty Company f [name of 9 ! OWNER must be attached.) I sign for Mrpcrations. If only officer signs, Je secretary undar corporate seal empowering Vrpr I I the partnership must attach a statement of parkership authorking the partner )o 2 1 O/20197 Rev. 4 ! I ! 1 ! 1280 - ml.-- i personally appeared ~.,~sLx ~‘~~\UJ?=%.MLIL~~~~ ) OF SIGNER(S) J i personally known to me - OF 7 ** proved to me on the basis b satisfactory evidence to be the person{s) whose ware subsonbed to the within instrument and acknowledged to me that b&l+e&hy executed the same in : / ,,..~..,~ut@orized capao$@s), andSthat by his&X/their signature(s) on the instrument the person(s), or the entity which the perso& acted, executed the instrument WITNESS my hGd and oficlal seat. t i i (This area far oftidal notary saat.) CMWD 9wi1a 06114f95 RI+ I . . .* . . - . . - . . .’ : . I ESHIBIT"A'* 11251 WATER EASEBI~~T - C.Xf.1V.D. JOB KO. 96518 A PORTION OF T& NORTHWEST QUARTER OF 13i~ SOUTHWEST QUARTER 0~ SECTION 32, TOWhSMP I 1, RANGE 4 WES’r SAN B&RWRDMO EMSE AND MERIDIAN, IN TH%Z CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCQRDMG TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST, CORNER OF LOT 1 OF MAP NO. 11973, M THE CITY OF CARLSBXD, COUNTY OF. SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF TljE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 11. 1987 AS FILE NO. Ij7-683620 OF QFFKVU. RECORDS; THENCE SOUTH 00%‘35” WEST 532.99 FEET T!3 THE TRUE POINT OF BEGINNING; THENCE COh‘TINUMG SCXuTi OO”56’35” WEST 147.112 FEET; THENCE SOUTH 89”12’20” EAST 304.45 FEET; THENCE NORTH 24%'57" *ST 22.08 FEEf; THENCE NORTH S961220” WEST 275.05 FEET; THENCE NORTH OO”56’35” EAST I 14.90 FEET; THENCE NORTH 63%7’03” EAST t59.42 FEET; THENCE NORTH 30’52’31” EAST 30.41 FEET TO A POINT ON THE ARC OF A NON-TANGENT 45,: 1 FOOT RADIUS CURVE CONCAVE NORTHwEs?ERLY, A RADIALLINE TO SPq POINT BEARS, SOUTII 04*4321 WEST; THENCE NORTHWESTERLY -ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE (IF 26”04’lti k DISTANCE OF 20.71 FEM; THENCE LEAVING THE ARC OF SAfD CURVE, SOUT 165.70F$ET TO T$E SAlD E sEMFeNTC 30’52’31. WEST 20.00 FEET; THENCE SOUTH 63’07’30” WEST RUE POINT OF BEGINNING. NTAMS 0.279 ACRES MORE OR LESS. I i ! i I ! ! i t i i i ; : i I I 1 1282 i I &Y OF OcEANSmE . . . T e-i :+ PA&lC ’ .- CrpC OF ENClNlTAS bd , VlClNtTY MAP NOT TO SCALE cJ@-sB+ Mupl1CfPAL wcsm DlSfaCCf EsfEDIN: I I VICINITY MAP i c No, C+l.&R.&~ No. OAfE : 3-3?-98 sEErlcF2 RI.I.JU&jt&T~ I -m ,‘. . . . - . ~ . - ‘5/ 1 - ‘a ‘- 1 . 1 \ %\ PL : : Q6 ! : \w \ 1 \ ! \ /I r - BtHlBiT ‘B 1283 . - ,- - VEsm iN: . -1 1 kjS&X’S t=AR / ’ DATE : 3-31-98 - ptXET 2 WT No. kfd&XT NO. -367~250-I I r i C. -‘-‘- 96-518 1 1 RDGCO~LTqNTS f E?!!!EF . -.. Q . . - _‘. . . ** A .- . ,.. - : ,- . -. .- b’ I This is to certify thbt the interest in rf?at property coiveyad by the grant dead of easement, dated / I 19a from PA FtC $?-+/ 2 LIpJrtad ; Liabilitv Comoany jto the Carl&ad Lknidp~ Water OisMcf Cartsbad, Cdifomia. pursuant to the btunidpal Water D+ict Act of 1911, as amended, is hereby accepted by tha: undersigned officer QC agent an behalf of the Car&bad Municlpat Wafer Diict, Carlsbact, Califomla, putxiuant to authority conferred by . Resolution No. 996 :af the Cadsbad Municipal Water District adopted on September 9, 1997, and the grantee consent to kxdatton thereof by its duly authorized offi. DATED: April 9, 1998 1284 GERTtFKATlON FOR ACCEPTANCF OF DEED CMWD ;96-518 : KAREN R. KlJNDTZ sslstant Secretary 1 l/03/97 Rev. I I : I L I 1 I I I I . I 1 : ! 1 I I I i , / 9 -c-v e-----1. .T,*,cr\rt.z RESOLUTION NO. 1069 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD, CALIFORNIA, FOR APPROVAL AND EXECUTION OF A QUITCLAIM DEED OF WATER PIPELINE EASEMENT; APN 167-250-I 6; PACIFIC VIEW ESTATES: CMWD PROJECT NO. 96-518 WHEREAS, LB/L - Concordia Carlsbad - 25, LLC, a Delaware Limited Liability Company., 7 owner of Parcel 1 of Pacific View Estates, CMWD Project No. 96-518, has submitted a request 8 for approval and execution of a quitclaim deed of a water pipeline easement granted to Carlsbad 9 Municipal Water District per Document: 1998-0202772, recorded April 10, 1998, in the Office of ‘0 the Assessor/Recorder of San Diego County. The easement is lying within Lot 1 of Map No. 11 11973, in the City of Carlsbad, County of San Diego, State of California and was for water I2 pipeline purposes, and 13 Whereas new water facilities are concurrently and adequately otherwise provided for 14 within separately dedicated easements, and 15 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has 16 determined it to be in the public interest to approve the quitclaim deed attached hereto; and 17 NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Carlsbad 18 Municipal Water District, as follows: 19 1. That the above recitations are true and correct. 20 2. That the Quitclaim Deed conveying a water pipeline easement granted to Carlsbad 21 Municipal Water District per Document: 1998-0202772, recorded April 10, 1998, in the Office of 22 the Assessor/Recorder of San Diego County and lying within Lot 1 of Map No. 11973, in the City 23 of Carlsbad, County of San Diego, State of California, CMWD Project No. 96-518, , no longer will 24 be necessary since new water facilities are concurrently and adequately otherwise provided for 25 within separately dedicated easements. 26 3. That the President and the Secretary are authorized and directed to execute said 27 quitclaim deed. Following the Presidents signature of the said quitclaim deed, the Secretary is 28 further authorized and directed to cause the original deed to be returned to the owner, LB/L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 Concordia Carlsbad - 25, LLC, a Delaware Limited Liability Company., 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 7th day of DECEMBER , 19 99 , by the following vote to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None ABSENT: None ATTEST: stant Secretary (SEAL) 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 $ 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. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Assessor’s Parcel No.: 167-250-16 Project No. & Name: 96-518; PACIFIC VIEW ESTATES, N.E. CORNER OF DONNA AT CARLSBAD VILLAGE DRIVE CARLSBAD MUNICIPAL WATER DISTRICT fl ILLIAM E. PLUMMER, 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 LB/L - CONCORDIA CARLSBAD - 25, LLC, a Delaware Limited Llability Company, all right, title and interest in the property described in Exhibits “A” & “B”, consisting of THREE (3) pages, which are attached hereto and made a part hereof. Executed on 1 g-, at Carlsbad, California I 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 1 O/29/98 Rev. IO , * r . ei . . a ’ -. 4 ESJIJBCT -A” 1251 I ! WATER &4SE+ - CX1.W.D. 1OB SO. 96-518 APORTIONOF~NOR'MW~QUARTEROFniESO~QUARTERGF SECTION 32, TOW&SHIP it, RANGE 4 WES SAN BERNARDWCI BASE AND Muw>IAN,mTIfiCrrYOFCARLsBAD,coutJnOFsAND~.STATEGF CAL~FORMAAC~mGTOO~CULPLATTHEREOF.MOREPXR~CUtARLY DESCRIBEDASFCjLLOWS: BEGMMNoA7~~~~CORNEROfWTIOFMAPNO.1~973,m~E ClTYOfCMILSBh,COUNTYOF.SAN DIEGO,Si’A’lE OFChllFORNIA,FREDm THEOfF~CEOFTHECOUNTYRECORDER OFSAN DfEGOCXXM7-Y DECEMBERII, 1987 AS F KE NO. ti-683620 OF OFFICIAL RZCORDS; THENCE SOUTH 0@‘%‘3P WEST ~~~~~~E~~TG~TRUEPOINTOFBECLYIYJNG~TK~~JCE~~~~~~G~~Z 00%‘35” WEST 147:2 FEET, THENCE SOUTH 89“t2’20’ EAST 341.45 m, THENCE NORTH 23’WW’ #EST 22.08 FEET; THENCE NORTH SV'1220" WEST275.05 FEET; ~CENOR~0O056~S‘EAST1I4.90FEFIS,7HENCENOR~63~3'EAST 159.42 FEET;THENCENdRiti3095231'~T30.41FEETr0APOINTO#THEARCOFA NG?+TANGENT4S..JlFoOTftADiUS CURVECONCAVE NOR-Y,A RADIAL'LfNETO$#JDPOMTBEARS,SWTHOd'%3'Il=wEsp;THENCB NORlfHWESTERLYIPLLONGTHEARCOFSAlDCURVETHROUGHACENTRAL ._ ANGLE OF 26"04'10“ A DiSTANCE OF 20.71 FEE?; TJGNC$ LEAVING THE ARC OF SAID CUR- souq 3oT221’ WE!37 20.00 FEET; THENCE SOUTH: 63’0730- IvEsr i65.7O~TOWE TRUEPOINTOFBEGRMNG. :' SAJD &~MENTCAmAMS 0.279 ACRESMORE OR LESS i i i I ! , . . ‘. ’ 1 ; ! I * I - . . - , . A * I . . II 2 I ---. . -T--=:- . *. I ! I i A282 1 I . cm OF ocEANsloE , , . I \* IcrrrofvlsTA I- ; i &as VICINITY MAF’ NOT TO SCALE EWEOIN: : VlClNlTY MAP 3-31-98 sleTlcF2~ RDG CO=?- i 3ooyeEiloAEa tm- t * ?2. *. ’ l , . - -- I 8acMrs rRoTo5w WAlm CLSDCM ulb*-o27lAcRE3rwrpc(tLE5D IssAlrs *BM?bRY \ \ 1 f$qED IN: f3iRLS~ i . DATE: 3-3G98 si-Er2w ’ AqEs.0R.s PAR RJ3G CONSULTANTS -167~250-l e---w =FS .... I --.. -a . -: - (Notarial acknowledgement of execution of Grantor must be attached.) State of California County of On personally appeared before me, 0 personally known to me -OR- Cl 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. (This area for official notary seal.) SIGNATURE OF NOTARY Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD 96-518 2 08/l 4195 Rev.