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HomeMy WebLinkAbout2000-04-04; Municipal Water District; 470; QUITCLAIM DEEDS OF WATER PIPELINE EASEMENT APN 1560300900 BARBARA LANGE CMWD 99-C.00NI . . _ . c4 0 / CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL 4B# 476 TITLE: DEPT. HD. APPROVING AND AUTHORIZING EXECUTION OF QUITCLAIM WTG. 04/04/2000 F DEEDS OF WATER PIPELINE EASEMENT OVER A PORTION CITY ATTY. d@ ’ OF A.P.N. 156-030-09 FOR BARBARA E. LANGE, OWNER; IEPT. ENG CMWD PROJECT NO. 99-COON. RECOMMENDED ACTION: Adopt Resolution No. /b )Pf Approving And Authorizing Execution Of Quitclaim Deeds Of Water Pipeline Easement For Barbara E. Lange; CMWD Project No. 99-C.OON. ITEM EXPLANATION: This item is a request of Barbara E. Lange, owner of that portion of Record of Survey Map No. 154524 described in Official Document No. 1991-0138765 recorded in the County Recorders Office on the 28’h of March 1991. This easement was granted to Oceanside Mutual Water Company, to which Carlsbad Mutual Water Company became successor in interest, in Book 672, Page 364 of Official Records. Said easement is lying within that portion of the Record of Survey Map Number 15424 described in document number 1991-0138765 recorded in the San Diego County Recorders Office on the 28’h of March 1991. 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 adequately been provided. Therefore, 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 these 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. Quitclaim Deeds of Easement. 3. Resolution No. /O F/ Approving and Authorizing Execution Of Quitclaim Deeds Of Water Pipeline Easement For Barbara E. Lange; CMWD Project No. 99-C.00 N. . , I LOCATION MAP / BUENA VlSTA Wt. SITE A N WoTMs!2AlE PRoJECT NAME LANGE PROPERTY PROJECT NUMBER QUITCLAIM FOR 99-COO N EXIST. WATER EASEMENT A.P.N. 156-030-09 EXHIBIT I I 1 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - EXHIBIT 3 RESOLUTION NO. 1081 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT FOR APPROVAL AND EXECUTION OF A QUITCLAIM DEED OF WATER PIPELINE EASEMENT OVER A PORTION OF THE RECORD OF SURVEY MAP NO. 15424 DESCRIBED IN OFFICIAL DOCUMENT NO. 1991-0138765 RECORDED IN THE SAN DIEGO RECORDERS OFFICE ON THE 28TH OF MARCH 1991, CMWD PROJECT NO. 99-C.OON. WHEREAS, Barbara E. Lange, owner of that portion of Record of Survey Map No. 154524 described in Official Document No. 1991-0138765 recorded in the County Recorders Office on the 28” of March 1991 has submitted a request for approval and execution of a quitclaim deed of a portion of a water pipeline and access easement granted to the Oceanside Mutual Water Company, to which Carlsbad Municipal Water District became successor in interest, in Book 672 page 364 of Official Records, which crosses over that portion of land described in Official Document No. 1991-0138765, since the pipeline has deteriorated and is no longer used or necessary; and WHEREAS, the Board of Directors of 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 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 lying within that portion of land described in Official Document No. 1991-0138765 recorded in the County Recorders Office, within the City of Carlsbad, County of San Diego, State of California, CMWD Project No. 99-C.00 N, granted to the Oceanside Mutual Water Company, to which Carlsbad Municipal Water District became successor in interest, per document: Book 672, Page 364, no longer will be necessary since new water facilities have been adequately provided for within the public right-of- way. 1 3. That the President is authorized to execute the quitclaim deed, and the Secretary is 2 hereby authorized to cause the original deed to be returned to the owner, Barbara E. Lange, 522 3 Stanley Street, Oceanside, California 92054, to be recorded in the Office of the County Recorder 4 of San Diego County, State of California 5 6 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water 7 District held on the 25th II day of April , 2000 by the following vote to wit: 8 9 AYES: Board Members Lewis, Hall, Finnila, Nygaard and Kulchin 10 (I NOES: None 11 12 13 14 15 1s ATTEST: II 17 18 (' 19 WOOD, Secretary 20 21 22 23 24 25 26 27 28 (SEAL) ‘. , 0 - RECORDING REQUESTED BY Barbara E. Lange AND WHEN RECORDED, PLEASE MAIL TO: Barbara E. Lange 522 Stanley Street Oceanside, CA 92054 MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s): nnc # 2000-022G426 Mau 029 2000 12:2X. PM OFFICIAL KCORDS SAN DlEGO COUHTY RECORDER’S OFFICE GREGORY J. SMITH? COUNTY RECORDER FEES: 24.00 oc: MA Space above this line for Recorder’s Use. Assessor’s Parcel No. 156-036-69 Documentary transfer tax is !$ 00.0 &a#2M~hy [tQl+ps ( ) 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. Project No. & Name 99-C.009 LANGE PROPERTY CARLSBAD MUNICIPAL WATER DISTRICT 6 a- 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 Barbara E. Lange 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 oMkc , , 2000. at Carlsbad, California APPROVED AS TO FORM: ;;N;\I;$xzSEL (Notarial acknowledaement of execution of Grantor must be attached.) State of California 1 Countyof -5L~~~O 1 On 412dm before me, hJb& ktq. ?&m-z&y ?!~LLC personally appeared c ~1Sote A. k-w LS, 7-s IQ~~T oa1ccpJfL u#bG( Ed personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(X) whose name@ is/are subscribed to the within instrument and acknowledged to me that hemy executed the same in his-r authorized capacity@& and that by his/&&b& signature(%) on the instrument the p&sot-@), dr &beir signature&j on the instrument the p&sot-&), dr b the entity upon behalf of which the personw acted, executed the tne enrlry upon behalf of which the personw acted, executed the instrument. WITNESS, my hand and official seal: . l (This area for official notary seal.) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD EXHIBIT “A” LEGAL DESCRIPTION PUBLIC UTILITY ACCESS EASEMENT - OUITCLAIM ALL THAT PORTION OF LAND ACCORDING TO THE RECORD OF SURVEY MAP NO. 15424, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 31,1997 BEING A STRIP OF LAND 20 FEET WIDE LYING 10 FEET AND PARALLEL WITH THE FOLLO’hlNG DESCRIBED CENTERLINE. BEGINNING AT A POINT AT THE SOUTHWESTERN CORNER OF SAID PARCEL, SAID POINT BEING A POINT ON THE EASTERLY RIGHT-OF-WAY OF HIGHLAND DRIVE AND THE SOUTHERLY BOUNDARY OF SAID PARCEL; THENCE LEAVING SAID POINT ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL NORTH 89’59’00” EAST, 54.93 FEET TO THE TRUE POINT .OF BEGINING; THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 16”46’00” WEST, 73.11 FEET TO A POINT OF TERMINUS ON THE NORTHERLY BOUNDARY OF SAID PARCEL. THE SIDELINES OF SAID 20 FOOT WIDE EASEMENT TO BE LENGTHENED AND OR SHORTENED AT ALL BOUNDARY LINES TO CREATE A CONTINUOUS BOUNDARY WITHIN SAID PARCEL. QUITCLAIM PLAT PORTiON OF SOUT/iEAST GTR., SEC. 31, TRACT 11 SOUTC RANGE 4 LVEST, SAN BERNADINO MERIDIAiV, CiTY OF CARiSBAD, COUAUY OF SAN DIEGO NOR lHERL Y BOUNDAR Y --- 20’ WA liERUNE EASEMENT OCEANSIDE MUTUAL WA ?ER COMPANY BOOK 672-364, DEEDS R. OS. M.AP NO. 15424 CENTERLJNE OF EASEMENT SOUTHERLY BOUNDARY m-m-- , A Ys h w 1s -L PROJECT NAME LANGE PROPERTY PROJECT NUMBER EXHIBIT C3UITCLAIM FOR Q&C nf’h N ‘R’ From: Lorraine Wood To: Dee Ulrich ’ Date: 4/26/00 251 PM Subject: CMWD Council Item No. 1 - 4145100 Dee, When the Clerk has signed the Quitclaim for Barbara Lange please return to Mark Biskup (x2763) in Water Operations. He will see that the contractor/citizen records the Quitclaim. Traditionally, the City does not record, except with special request. If you have any questions, please let me know. Thank you as always for your help. Lorraine cc: Mark Biskup