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HomeMy WebLinkAbout2000-06-06; Municipal Water District; 475; QUITCLAIM DEEDS OF WATER PIPELINE EASEMENT APN 1671240800 LESTER AND MARGARET VEIGEL CMWD 99-C.00S4 r CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL 4B# ws TITLE: APPROVING AND AUTHORIZING EXECUTION OF blTG. 6/6/20QO QUITCLAIM DEEDS OF WATER PIPELINE EASEMENT OVER A PORTION OF APN 167-l 24-08 FOR LESTER AND MARGARET R. DEPT. ENG VEIGEL, OWNERS; CMWD PROJECT NO. 99-C.OOS. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 1087 approving and authorizing execution of quitclaim deeds of water pipeline easement for Lester and Margaret R. Veigel; CMWD Project No. 99-C.OOS. ITEM EXPLANATION: This item is a request of Lester and Margaret R. Veigel, owners of Lot 55 of Seacrest Estates, Unit No. 2 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 4280 filed in the office of the Recorder of said San Diego County, July 28, 1959. This easement was granted to Carlsbad Mutual Water Company, to which the Carlsbad Municipal Water District became successor in interest, in Book 1085, page 325 of official records. Said easement is lying within said Lot 55. The easement contains an abandoned water pipeline that is no longer necessary as replacement water pipelines have been constructed in surrounding streets. 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 is no longer necessary and can be,quitclaimed to the owner. 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. 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 easement property has no present value to the Carlsbad Municipal Water District. 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 this quitclaim. EXHIBITS: 1. Location Map. 2. Quitclaim Deeds of Easement. 3. Resolution No. 10% 7 approving and authorizing execution of quitclaim deeds of water pipeline easement for Lester and Margaret R. Veigel; CMWD Project No. 99-C.OOS. LOCATION MAP A N NOT TO SCALE PROJECT NAME LOT 55, CHARTER OAK DR. QUITCLAIM FOR EXIST. WATER EASEMENT PROJECT NUMBER 99-c.00 s A.P.N. 167-724-08 EXHIBIT '1' , RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: Lester and Margaret R. Veigel 3521 Charter Oak Drive Carlsbad, CA 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 Gty 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-l 24-08 Project No. & Name LOT 55, CHARTER OAK DRIVE QUITCLAIM FOR EXISTING WATER EASEMENT CMW D 99-C.OOS CARLSBAD MUNICIPAL WATER DISTRICT (P p/m / WILLIAM E. PLUMMER, P.E., Deputy 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 Lester Veigel and Margaret R. Veigel all right, title and interest in the property described in Exhibits “A” & “B”, consisting of two page(s), which are attached hereto and made a part hereof. Executedon June 23 t 20 00 , at Carisbad, California rict of the City of (Notarial acknowledgement of execution of Grantor must be attached.) Eng\WorcN)ocs\MasterFo~s\Quitclaim Deed - CMWD 1 . State of California ) 1 County of San Diego ) On June 15, 2000, before me, Belinda R. Guzman, Notary Public, personally appeared William E. Plummer, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Signa ture of Notary ’ @-t/q (This area for I/ official notary seal) Title or Type of Document Quitclaim Deed 167-I 24-06 Date of Document June 15,200O No. of Pages 1 Signer(s) other than named above None EXHIBIT “A” LEGAL DESCRIPTION PUBLIC UTILITY ACCESS EASEMENT - QUITCLAIM ALL THAT PORTION OF LOT 53 OF SEACREST ESTATES, UNIT NUMBER 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NUMBER 4280 FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, JULY 28, 1959; BEING A STRIP OF LAND 15 FEET WIDE LYING 7.5 FEET AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE. BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL, SAID POINT BEING THE POINT OF INTERSECTION OF THE WESTERLY AND NORTHWESTERLY BOUNDARIES OF SAID LOT 53; THENCE LEAVING SAID POINT ALONG THE SAID SOUTHEASTERLY BOUNDARY NORTH 66”27’00” EAST, 20.42 FEET TO A TRUE POINT OF BEGINNING THENCE LEAVING SAID TRUE POINT OF BEGINNING, NORTH 23 33’00” WEST A DISTANCE OF 183.32 FEET TO A POINT OF TERMINUS ON THE NORTHWESTERLY BOUNDARY OF SAID LOT 53. THE SIDELINES OF SAID 15 FOOT WIDE EASEMENT TO BE LENGTHEND AND OR SHORTENED AT ALL ANGLE POINTS TO CREATE A CONTINUOUS BOUNDARY WITHIN SAID LOT 53. L r- - - QUITCLAIM PLAT CENlEFdJNE OF EA!XMENT 15 #DE WAlERUNE EASEMENT CARLSBAD MUTUAL WATER COM BOOK 1085 PADE 325 O.R. EASEMENT PROJECT NAME LOT 53, CHARTER OAK DR. QUITCLAIM FOR EXIST. WATER EASEMENT PROJECT NUMBER 99-C.00 T AP.N. 767-124-06 EXHIBIT ‘8’ c RESOLUTION NO. 1087 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) FOR APPROVAL AND EXECUTION OF A QUITCLAIM DEED OF WATER PIPELINE EASEMENT OVER A PORTION OF MAP 4280, LOT 55 OF SEACREST ESTATES, UNIT NO. 2 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE SAN DIEGO RECORDERS OFFICE ON THE 28TH OF JULY 1959, CMWD PROJECT NO. 99-COOS. 7 WHEREAS, Lester and Margaret R. Veigel, owners of Lot 55 of Seacrest Estates, Unit No. 6 2 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 4280 filed in the office of the Recorder of said San Diego County, July 28,1959 have submitted a 9 request for approval and execution of a quitclaim deed of a portion of a water pipeline and access 10 easement granted to the Carlsbad Mutual Water Company, to which Carlsbad Municipal Water 11 District became successor in interest, in Book 1085 page 325 of Official Records, which crosses l2 over that portion of land described on Map 4280, Lot 55 of Seacrest Estates, Unit No. 2 in the City l3 of Carlsbad, County of San Diego, State of California, since the pipeline has deteriorated and is 14 no longer used or necessary; and 15 WHEREAS, the Board of Directors of Carlsbad Municipal Water District has determined it ,s to be in the public interest to quitclaim said easement to the owners of Lot 55 of Seacrest Estates ,7 Unit 2. 16 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water District (CMWD) of the City of Carlsbad, California, as follows: 19 1. That the above recitations are true and correct. 20 2. That the quitclaim deed conveying a water pipeline easement lying within that 21 portion of Map 4280, Lot 55 of Seacrest Estates, Unit No. 2 in the City of Carfsbad, County of San n Diego, State of California, CMWD Project No. 99-COOS, granted to the Carlsbad Mutual Water 2s Company, to which Carlsbad Municipal Water District became successor in interest, per 24 document: Book 1085, Page 325, no longer will be necessary since new water facilities have been 25 adequately provided for within the public right-of-way. 26 'ii 27 If' Ill 1 3. That the President is authorized to execute the quitclaim deed to be recorded in 2 the Office of the County Recorder of San Diego County, State of California, and the Secretary is 3 hereby authorized to cause the original deed to be returned to the owner, Lester and Margaret R. 4 Veigel, 3521 Charter Oak Drive, Carlsbad, California 92008. 5 6 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 6th day of June I 2000 by the following 7 vote, to wit: 8 AYES: Board Members Lewis, Hall, Finnila, Nygaard and Kulchin 9 NOES: None l6 LmAIP6E M. WOOD, Secretary 17 16 19 20 21 22 23 24 25 26 27 28 (SEAL) \ . RECORDING REQUESTED BY I AND WHEN RECORDED, PLEASE MAIL TO: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: Lester and Margaret Ft. Veigel 3521 Charter Oak Drive Carlsbad, CA 92008 [Sk fj-6 w-5 475 DOE 'R 2000-0370079 4957 3ul 13s 2000 I:55 PM MfICIAL RmRDu SW DIEGO COUNTY MMRDER’S OFFICE iaE#KY ;pN9 cyfT;m : : ~~~~~~ll~ll~lll~~lll~l~~~lR~~~l~~~~l 2000-0370079 Space above this line for Recorder’s Use. grantor(s) declare(s): 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. 167-l 24-08 Project No. & Name LOT 55, CHARTER OAK DRIVE QUITCLAIM FOR EXISTING WATER EASEMENT CMW D 99-C.OOS ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CARLSBAD MUNICIPAL WATER DISTRICT / p/)$ / WILLIAM E. PLUMMER, P.E., Deputy 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 Lester Veigel and Margaret R. Veigel all right, title and interest in the property described in Exhibits “A” & “B”, consisting of two page(s), which are attached hereto and made a part hereof. Executed on June 23 I 20 00 ) at Carlsbad, California ~~~$~*~uNSEL (Notarial acknowledgement of execution of Grantor must be attached.) Eng\Word\Docs\Masters\Forms\Ouitclaim Deed - CMWD 1 1 O/29/98 Rev. CALIFORNIA 4958 ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Dieao On June 23. 2000, before me, Janice! N0ta.r; pllbl i c Date Name and Title of Officer (e.g., ‘Jane Doe. otary Public”) personally appeared Claude Ai Lewis 9 Name(s) of Signer(s) Bpersonally known to me El proved ta me on the basis of satisfactory evidence to be the person(%) whose name& is/m subscribed to the within instrument and acknowledged to me that he/m executed the same in his-K authorized capacity(ies), and that by his/w signature(s) on the instrument the person& or NotarV PuMc - camnio the entity upon behalf of which the person(@ acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above 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 Title or Type of Document: Quitclaim Deed (APN 167-124-08) Document Date: June 23, 2000 Number of Pages: 4 Signer(s) Other Than Named Above: none Capacity(ies) Claimed by Signer Signer’s Name: Claude A. Lewis 0 Individual q Corporate Officer - Title(s): President 0 Partner - Cl Limited Cl General 0 Attorney in Fact 0 Trustee C Guardian or Conservator C Other: Signer Is Representing: Carlsbad Municiual Water Dktrict Top of thumb here -. 4959 State of California ) 1 County of San Diego ) On June 15, 2000, before me, Belinda R. Guzman, Notary Public, personally appeared William E. Plummer, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal (This area for Signature of Notary official notary seal) Title or Type of Document Quitclaim Deed 167-I 24-06 Date of Document June 15,200O No. of Pages 1 Signer(s) other than named above None 4960 EXHIBIT “A” LEGAL DESCRIPTION PUBLIC UTILITY ACCESS EASEMENT - QUITCLAIM ALL THAT PORTION OF LOT 53 OF SEACREST ESTATES, UNIT NUMBER 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NUMBER 4280 FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, JULY 28, 1959; BEING A STRIP OF LAND 15 FEET WIDE LYING 7.5 FEET AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE. BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL, SAID POINT BEING THE POINT OF INTERSECTION OF THE WESTERLY AND NORTHWESTERLY BOUNDARIES OF SAID LOT 53; THENCE LEAVING SAID POINT ALONG THE SAID SOUTHEASTERLY BOUNDARY NORTH 66”27’00” EAST, 20.42 FEET TO A TRUE POINT OF BEGINNING THENCE LEAVING SAID TRUE POINT OF BEGINNING, NORTH 23 33’00” WEST A DISTANCE OF 183.32 FEET TO A POINT OF TERMINUS ON THE NORTHWESTERLY BOUNDARY OF SAID LOT 53. THE SIDELINES OF SAID 15 FOOT WIDE EASEMENT TO BE LENGTHEND AND OR SHORTENED AT ALL ANGLE POINTS TO CREATE A CONTINUOUS BOUNDARY WITHIN SAID LOT 53.