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HomeMy WebLinkAbout2000-06-06; Municipal Water District; 476; QUITCLAIM DEEDS OF WATER PIPELINE EASEMENT APN 1671240600 DAVID AND ELENORE MCNABB CMWD 99-C.00T. I - ( )I‘ :J ‘2 , . . “L ,” _ t iv CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL ._ 4B# 476 TITLE: APPROVING AND AUTHORIZING EXECUTION OF WTG. 6/6/2000 QUITCLAIM DEEDS OF WATER PIPELINE EASEMENT OVER A PORTION OF APN 167-124-06 FOR DAVID & ELEONORE MCNABB, IEPT. ENG OWNERS; CMWD PROJECT NO. 99-C.OOT. DEPT. HD. CITY ATTY. w CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. row approving and authorizing execution of quitclaim deeds of water pipeline easement for David & Eleonore McNabb; CMWD Project No. 99-C.OOT. ITEM EXPLANATION: This item is a request of David & Eleonore McNabb, owners of Lot 53 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 53. 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. IOKK approving and authorizing execution of quitclaim deeds of water pipeline easement for David & Eleonore McNabb; CMWD Project No. 99-C.OOT. I , LOCATION MAP A N NOT TO SCALE PROJECT NAME PROJECT NUMBER EXHIBIT LOT 53, CHARTER OAK DR. 99-COO T QUITCLAIM FOR EXIST. WATER EASEMENT A.P.N. 167-724-06 '1' , RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: David & Eleonore McNabb 3505 Charter Oak Driie 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 property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. Assessor’s Parcel No. 167-l 24-06 Project No. & Name LOT 53, CHARTER OAK DRIVE QUITCLAIM FOR EXISTING WATER EASEMENT CMW D 99-C.OOT ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CARLSBAD MUNICIP ATER DISTRICT YflL 4 WILLIAM E. PLUMMER, P.E., Deputy City 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 David and Eleonore McNabb, husband and wife as joint tenants 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 20 00 , at Carlsbad, California , ICIPAL WATER AS TO FORM: R. BALL, GENERAL COUNSEL (Notarial acknowledgement of execution of Grantor must be attached.) Eng\Word\DocsVbfasters~onns\Quitclaim Deed - CMWD 1 10/29/98 Rev. .A 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 \*I& 0 L Signature of Notary (This area for official notary seal) Title or Type of Document Quitclaim Deed 167-I 24-08 Date of Document June l&2000 No. of Pages Signer(s) other than named above None 1 .- EXHIBIT “A” LEGAL DESCRIPTION PUBLIC UTILITY ACCESS EASEMENT - QUITCLAIM ALL THAT PORTION OF LOT 55 OF SEACREST ESTATES, UNIT NUMBER 2, IN THE CITY OF CARLSBAD, COUNTY OF SAti 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 MOST SOUTHERLY CORNER OF SAID PARCEL, SAID POINT BEING THE POINT OF INTERSECTION OF THE WESTERLY AND SOUTHEASTERLY BOUNDARIES OF SAID LOT 55; THENCE LEAVING SAID POINT ALONG THE SAID SOUTHEASTERLY BOUNDARY NORTH 23”43’00” 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 55. 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 55. - .- QUITCLAIM PLAT POINT Of TERMINUS ESTATES UNIT NO.2 MAP NO. 4280 ENTERLINE OF EASEMENT PROJECT NAME PROJECT NUMBER EXI-WIT LOT 55, CHARTER OAK DR. QUITCLAIM FOR 9%c.oo s ‘B’ EXIST. WATER EASEMENT AP.N. 767-124-08 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .- -. RESOLUTION NO. 1o88 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 53 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-C.OOT. WHEREAS, David and Eleonore McNabb, owners of Lot 53 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 have submitted a request for approval and execution of a quitclaim deed of a portion of a water pipeline and access easement granted to the Carlsbad Mutual Water Company, to which Carlsbad Municipal Water District became successor in interest, in Book 1085 page 325 of Official Records, which crosses over that portion of land described on Map 4280, Lot 53 of Seacrest Estates, Unit No. 2 in the City of Carlsbad, County of San Diego, State of California, 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 to the owners of Lot 53 of Seacrest Estates Unit 2. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Water District (CMWD) of the City of Carlsbad, California, 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 Map 4280, Lot 53 of Seacrest Estates, Unit No. 2 in the City of Carlsbad, County of San Diego, State of California, CMWD Project No. 99-C.OOT, granted to the Carlsbad Mutual Water Company, to which Carlsbad Municipal Water District became successor in interest, per document: Book 1085, Page 325, no longer will be necessary since new water facilities have been adequately provided for within the public right-of-way. Ill Ill Ill 1 2 3 4 3. That the President is authorized to execute the quitclaim deed to be recorded in the Office of the County Recorder of San Diego County, State of California, and the Secretary is hereby authorized to cause the original deed to be returned to the owner, David and Eleonore McNabb, 3505 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: 6 AYES: Board Members Lewis, Hall, Pinnila, Nygaard and Kulchin 9 10 11 12 14 15 c 17 ATTEST: 1 (SEAL) 16 19 20 21 22 23 24 25 26 27 28 4 * . - May 52000 ctry ATTORNWS OffIS cmofcARlsBAD G TO: DAMIEN BROWER, DEPUTY CITY AlTORNEY FROM: Mark Biskup, Utility Engineering PRELIMINARY DRAFT OF AGENDA BILLS AND RESOLUTIONS APPROVING AND AUTHORIZING EXECUTION OF QUITCLAIM DEEDS FOR WATER LINE EASEMENTS IN APN 167-124-08, CMWD 99C.OOS AND APN 767-124-06 CMWD 94C.OOT. Attached for your review/comment and/or approval is the preliminary draft agenda bill and resolution. meets with your approval, please contact the in order that it may be placed on the If you require any additional information or have any comments, you may reach me at ext. 2768. Very truly yours, CITY OF CARLSBAD - UTILITY ENGINEERING dw Mark Biskup Enc. (2) CMWD 99-C.OOS and CMWD 99-C.OOT86-105 .- -_ . . CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL L AB# MTG. DEPT. ENG TlTLE- iikii&/lNG AND AUTHORIZING EXECUTION OF QUITCLAIM DEEDS OF WATER PIPELINE EASEMENT OVER A PORTION OF A.P.N. 167-124-06 FOR DAVID & ELEONORE MCNABB, OWNERS: CMWD PROJECT NO. 99-C.OOT. DEPT. HD. CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. Approving And Authorizing Execution Of Quitclaim Deeds Of Water Pipeline Easement For David and Eleonore McNabb; CMWD Project No. 99-C.OOT. ITEM EXPLANATION: successor in interest, in Book 1085, page 325 of official record Lot 53. The easement contains an abandoned water pipeline that is no longer necessary. The engineering staff has reviewed this request and concurs with the owner that 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. 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. I 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. Approving and Authorizing Execution Of Quitclaim Deeds Of Water Pipeline Easement For David and Eleonore McNabb; CMWD Project No. 99-C.00 T. LOCATION MAP A N NOT TO SCALE PROJECT NAME LOT 53, CHARTER OAK DR. QUITCLAIM FOR EXIST. WATER EASEMENT PROJECT NUMBER I I 99-C.00 T AP.N. 167-124-06 '1' RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: David 8 Eleonore McNabb 3505 Charter Oak Drive Carlsbad, CA 92008 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 AVALUABLE CONSIDERATION, receipt cf which is hereby acknowledged. Space above this line for Recorder’s Use. Assessor’s Parcel No. 167-l 24-06 Project No. & Name LOT 53, CHARTER OAK DRIVE QUITCLAIM FOR EXISTING WATER EASEMENT CMWD 99-C.OOT CARLSBAD MUNICIPAL WATER DISTRICT WILLIAM E. PLUMMER. P.E., Deputy City 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 David and Eleonore McNabb, husband and wife as joint tenants 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 20 1 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: APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL LORRAINE M. WOOD, Secretary BY Eng\Word\Docs\Masters\Forms\Quitdaim Deed - CMWD 1 O/29/98 Rev. State of California County of On before me, personally appeared Cl 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. (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 99-C.OOT 2 06/l 4195 Rev. 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 86”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. QUITCLAIM PLAT CENTERUNE OF EASEMENT 15’ WlDE WATERLINE EASEMENT cARLsBAo MunJAL WATER cm BOOK 1085 PAGE 325 O.R. LOT 54 EST ESTATE I\\\\\\\\\1 EASEMENT PROJECT NAME PROJECT NUMBER LOT 53, CHARTER OAK DR. 99-C.00 T QUITCLAIM FOR EXIST. WATER EASEMENT ARN. 167-724-66 EXHIBIT ? I B EXHIBIT 3 RESOLUTION NO. 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 MAP 4280, LOT 53 OF SEACREST ESTATES, UNIT NO. 2 IN 17 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-C.OOT. WHEREAS, David and Eleonore McNabb, owners of Lot 53 No. 2 in the City of Carlsbad, County of San Diego, S No. 4280 filed in the office of the Recorder of said San submitted a request for approval and execution of pipeline and access easement granted to 1 2 3 4 5 6 7 6 9 10 11 12 13 14 Carlsbad Municipal Water District became successor in interest, in Book 1085 page 325 of ,5 Official Records, which crosses over that portion of land described Map 4280, Lot 53 of Seacrest 16 Estates, Unit No. 2 in the City of Cartsbad, County of San Diego, State of California, since the 17 16 19 20 21 22 23 24 25 26 27 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/ Vb t-xc 0 WAS 0-P Leo- s,.c 7-J-t S-W-f. NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors okCarlsbad Municipal Water District, as follows: GA J-T line easement lying within that portion rded in the County Recorders Office, alifornia, CMWD Project No. gg-C.00 tual Water Company, to which Carlsbad Municipal Water District became successor in interest, per document: Book 1085, Page 325, no longer will be necessary 26 since new water facilities have been adequately provided for within the public right-of-way. 1 I v 3. That the President is authorized to execute the quitclaim deed, and the Secretary is 2 3 hereby authorized to cause the original deed to be returned to the owner, David and Eleonore McNabb, 3505 Charter Oak Drive, Carlsbad, County Recorder of San Diego County, State of California. 6 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water 7 District held on the day of , 2000 by the following vote to wit: 8 9 IO 11 AYES: NOES: ABSENT: 12 13 14 15 CLAUDE A. LEWIS, President 16 ATTEST: 17 18 19 LORRAINE M. WOOD, Secretary (SEAL) 20 21 22 23 24 25 26 27 28 CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL AB# MTG. DEPT. TITLE- APPROVING AND AUTHORIZING EXECUTION OF QUITCLAIM DEPT. HD. DEEDS OF WATER PIPELINE EASEMENT OVER A PORTION CITY AlTY. OF A.P.N. 167-124-68 FOR LESTER AND MARGARET R. ENG VEIGEL. OWNERS: CMWD PROJECT NO. QQ-C.OOS. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. Approving And Authorizing Execution Of Quitclaim Deeds Of Water Pipeline Easement For Lester and. MargaLet 8 R.$$gel; CMWD Project No. 99-C.OOS. ITEM EXPLANATION: I e- r and Margaret R. Veigel Seacrest Estates, Unit County of San Diego, Stat e’Recorder of said San Die tual Water Company, to whi 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. The engineering staff has reviewed this request and concurs with the owner that 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. FISCAL IMPACT: /a/VC $w-677 . c Pa=-/ doned easement was granted to the District for a no cost d 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. Approving and Authorizing Execution Of Quitclaim Deeds Of Water Pipeline Easement For Lester and Margaret R. Veigel; CMWD Project No. 99-C.00 S. 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 AP.N. 167-124-06 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 The undersigned grantor(s) declare(s): Assessor’s Parcel No. 167-I 24-08 Documentary transfer tax is $ 00.0 Project No. & Name LOT 55, CHARTER OAK DRIVE Space above this line for Recorder’s Use. ( ) 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 Cartsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. QUITCLAIM FOR EXISTING WATER EASEMENT CMWD 99-C.OOS CARLSBAD MUNICIPAL WATER DISTRICT 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 20 I 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: APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL BY (Notarial acknowledgement of execution of Grantor must be attached.) Eng\Word\Docs\Master\Forms\Quitciaim Deed - CMWD 1 LORRAINE M. WOOD, Secretary 1 O/29/98 Rev. . - State of California County of On before me, personally appeared 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. (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 99-C.OOS 2 06/i 4/95 Rev. EXHIBIT “A” LEGAL DESCRIPTION PUBLIC UTILITY ACCESS EASEMENT - QUITCLAIM ALL THAT PORTION OF LOT 55 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 MOST SOUTHERLY CORNER OF SAID PARCEL, SAID POINT BEING THE POINT OF INTERSECTION OF THE WESTERLY AND SOUTHEASTERLY BOUNDARIES OF SAID LOT 55; THENCE LEAVING SAID POINT ALONG THE SAID SOUTHEASTERLY BOUNDARY NORTH 23”43’00” 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 55. 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 55. . . QUITCLAIM PLAT POINT OF TERMINUS ESTATES UNIT NO.2 MAP NO. 4280 CENTERUNE OF EASDXNT EASEMENT PROJECT NAME PROJECT NUMBER EXHIBIT LOT 55, CHARTER OAK DR. QUITCLAIM FOR 99-COO S ‘B’ EXIST. WATER EASEMENT AP.N. 167-124-08 8 9 10 11 12 13 14 EXHIBIT 3 RESOLUTION NO. 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 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-C.OOS. WHEREAS, Lester and Margaret R. Veigel, owners of L Seacrest Estates, Unit No. 2 in the City of Carlsbad, County of San Diego, State o rnia, according to map thereof No. 4280 filed in the office of the Recorder of said Diego County, July 28, 1959, has submitted a request for approval and execution of uitclaim deed of a portion of a water pipeline and access easement granted to th Mutual Water Company, to which Carlsbad Municipal Water District became successor in interest, in Book 1085 page 325 of ,s Official Records, which crosses over that portion of land described Map 4280, Lot 55 of Seacrest 1s Estates, Unit No. 2 in the City of Carlsbad, County of San Diego, State of California, since the 17 pipeline has deteriorated and is no longer used or necessary; and 18 WHEREAS, the Board of Directors of Carlsbad Municipal Water District has determined it /-ye n& 0 19 to be in the public interest to quitclaim said easement. 20 NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors o&arlsbad Municipal 2 A 21 Water District, as follows: 22 1. That the above recitations are true and correct. C@d? ent lying within that portion County Recorders Office, MWD Project No. 99X.00 Mutual Water Company, to which Carlsbad Municipal Water District 27 became successor in interest, per document: Book 1085, Page 325, no longer will be necessary 28 since new water facilities have been adequately provided for within the public right-of-way. , . I 3. That the President is authorized to execute the quitclaim dee 2 hereby authorized to cause the original deed to be returned to the owner, Lester and Margaret R. 3 Veigel, 3521 Charter Oak Drive, Carlsba corded in the Office of the Cou& Y \ 4 ’ Recorder 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 day of 9 2000 by the following vote to wit: 8 9 AYES: 10 NOES: II ABSENT: 12 13 14 15 CLAUDE A. LEWIS, President 16 ATTEST: 17 18 I9 LORRAINE M. WOOD, Secretary (SEAL) 20 21 22 23 24 25 26 27 28 RECORDING REQUESTED BY I $J‘ 412,qw 4g5i DOC # 2000-0370078 AND WHEN RECORDED, PLEASE MAIL TO: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: David & Eleonore McNabb 3505 Charter Oak Drive Carlsbad, CA 92008 ;I[- Jul 13, 2cmo I:55 PM ofF1c1cv RECORD!3 SIul DIEGO COUNTY RECORDER’S ffFIE (i!imlRY gmH3 cyTyEmm oci ‘rw 1 . .,_ 6 .k $\a I Space above this line for Recorder’s Use. . j’ LP 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. 167-l 24-06 Project No. & Name LOT 53, CHARTER OAK DRIVE QUITClAIM FOR EXISTING WATER EASEMENT CMW D 99-C.OOT CARLSBAD MUNlClPaCYVATER DISTRICT &&iW-- / WILLIAM E. PLUMMER, P.E., Deputy City 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 David and Eleonore McNabb, husband and wife as joint tenants 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 20 00 , at Carlsbad, California ’ rict of the City of AS TO FORM: R. BALL. GENERAL COUNSEL (Notarial acknowledgement of execution of Grantor must be attached.) Eng\WorchDocs\Mastws\Forms\Quitclaim Deed - CMWD 1 1 O/29/98 Rev. 4953 State of California County of San Diego ) On June 23, 2000, before me, Janice Breitenfeld, Notary Public, personally appeared Claude A. Lewis, 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 hand and official seal WITNESS my (This area for official notary seal) Title or Type of Document: Quitclaim Deed (APN 167-124-06) Date of Document: June 23,200O No. of Pages: 5 Signer(s) other than named above: None 4954 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 y$&& 0 L \ Signature of Notary I (This area for official notary seal) Title or Type of Document Quitclaim Deed 167-124-08 Date of Document June 15,200O No. of Pages Signer(s) other than named above None 1 - ., ;.j ” 4955 EXHIBIT “A” LEGAL DESCRIPTION PUBLIC UTILITY ACCESS EASEMENT - QUITCLAIM ALL THAT PORTION OF LOT 55 OF SEACREST ESTATES, UNIT NUMBER 2, IN THE CITY OF CARLSBAD, COUNTY OF SAi’J 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 MOST SOUTHERLY CORNER OF SAID PARCEL, SAID POINT BEING THE POINT OF INTERSECTION OF THE WESTERLY AND SOUTHEASTERLY BOUNDARIES OF SAID LOT 55; THENCE LEAVING SAID POINT ALONG THE SAID SOUTHEASTERLY BOUNDARY NORTH 23”43’00” EAST, 20.42 FEET TO A TRUE POINT OF BEGINNING; THENCE LEAVING SAID TRUE POINT OF BEGINNING, NORTH 2333’00” WEST A DISTANCE OF 183.32 FEET TO A POINT OF TERMINUS ON THE NORTHWESTERLY BOUNDARY OF SAID LOT 55. 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 55. 4956 . QUIT&-iM PLAT POINT OF TERMINUS ESTATES UNIT NO.2 MAP NO. 4280 ENTERLINE OF EASEMENT PROJECT NAME PROJECT NUMBER EXHIBIT LOT 55, CHARTER OAK DR. QUITCLAIM FOR w-c.oo s ‘B’ EXIST. WATER EASEMENT A.P.N. 167-124-08