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Home My WebLink About2000-09-12; Municipal Water District; 489; Terraces at Sunny Creek - Quitclaim Deed. 46# qs9 TITLE- APPROVING AND AUTHORIZING EXECUTION OF . QUITCLAIM DEED FOR WATER PIPELINE EASEMENT MTG. 9/l 2/00 OVER A PORTION OF APN 209-090-01 AND 209-090-10 FOR THE TERRACES AT SUNNY CREEK, CMWD PROJECT NO. 98-501 DEPT. ENG RECOMMENDED ACTION: . CARLSBAD MNICIPAL WATER DISTRICT -‘AGENDA % CITY MGR. Adopt Resolution No. /0?7 approving and authorizing execution of quitclaim deed of water pipeline easement for The Terraces at Sunny Creek; CMWD Project No. 98-501. ITEM EXPLANATION: This item is a request of The Terraces at Sunny Creek, LLC, a California limited liability company, owners of Lot 1 and Lot 10 on Carlsbad Tract Map No. 83-36, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11242, filed in the Office of the County Recorder of said County May 23, 1985. The easements within said Lot 1 and Lot 10 were granted to Costa Real Municipal Water District to which Carlsbad Municipal Water District has become successor in interest, according to said Map 11242. The easements were dedicated to provide for future water facilities necessary for the planned development of said map. No facilities have been constructed within said easements. The owner has revised plans and is recording a revised map, Carlsbad Tract Map, CT 96-02 for the development of this property and said easements are no longer necessary. Carlsbad Tract Map, CT 96-02 provides easements for sewer and water to the City of Carlsbad and Carlsbad Municipal Water District at no cost to the City of Carlsbad or Carlsbad Municipal Water District. The engineering staff has reviewed this request and concurs with the owner that water facilities will adequately be provided through revised plans and easements. The District is in agreement with the owner that the easements are 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 engineering staff agrees with the owner that the value of the easements granted to the City on Carlsbad Tract Map, CT 96-02 at no cost is equivalent or exceeds that value of the easements to be quitclaimed to The Terraces at Sunny Creek. The engineering staff agrees with the owner that the quitclaim shall come at no cost beyond standard processing fees. The owner has paid the standard $410 fee for processing of this quitclaim. EXHIBITS: 1. Location Map. 2. Quitclaim Deed of Easement. 3. Resolution No. 1097 approving and authorizing execution of quitclaim deed of water pipeline easement for The Terraces at Sunny Creek; CMWD Project No. 98-501. I LOCATION MAP A N NOT TO SCALE . PROJECT NAME QUITCLAIM OF WATER PIPELINE EASEMENTS FOR THE TERRACES AT SUNNY CREEK SITE -w -& PROJECT NUMBER CMWD 98-501 A.P.N. 209490-01&209-090-10 . -- . RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: District Secretarv Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: 111111111 llln II t , DOG # 2000-0548932 clct 12% 2000 II:25 AM ._’ S~ac~%@$we this line for Recorder’s Use. he undersigned grantor(s) declare(s): Documentary transfer tax is $ OO& computed on full value ofproperty conveyed, or ( ) computed on full value less value of liens and encumbrances remaining #$ne of$%te. ( ) Unincorporated area: -(x) City of’Carlsbad , and FOR A VALUABLE C@#3lDERATlON, receipt of which is hereby acknowledged. Assessor’s Par&No. 2094xio-01,209-090-10 ‘? Project No. & Name C&iim98-501 THE TERRACES AT SUNNY CREEK : ., . CARLSBAD MUNICIPAL WATER DISTRICT ‘QUITClAIM DEED CARLSBAD MUNICIPAL WATeR DISTRICT, a Public Agency organized under the.Munidlpal 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 The Teiiaces at Sunny Creek, a Califomia Limited Liability Company, all right, title and in?erest in the property described in Exhtb,its ‘A* & “B”, con.$is?ing of two pa&&, which are attached hereto and made a part hereof. Executed on October 2 20 00 , at Carlsbad, California the Municipal Water istrict of the City of VED AS TO FORM: . RAINE M) WOOD, Secretary (Notarial acknowledgement of execution of Grantor must be attached.) Word\Masters\Forms\Quitclaim Deed - CMWD (Real Property) n--r->-# -_ \ 6/l/00 7 3651 State of California -_ County of personally appeared - I-.--- to be the -A@ ed td the within instrument and ecuted the same in km-r- by&- *- la f oiwhich the persori;(S) &te the entity upon instrument. WITNESS, my hand and official seal. (This area for official n&&, seal.) SIGNATURE OF NOTARY :. .’ Title or Type of Document Date of Document Signer(s) other than named above CMWD Word\Masters\Forms\Quitdaim Deed - CMWD (Real Property) 3652 EXEEBXT “A’ QUI’XCLAXM OF WATER BASEMENTS DEDXCATED ON CARLSBAD TUCTNO. 83-36 Quitclaim of those certain Water Easements dedicated and accepted by Costa Real Municipal Water District, Carlsbad Municipal Water District successor in interest to Costa Real Municipal Water District, on the Map of Carlsbacl Tract No. 83-36, in the City of Carlsbad, County of San Dicgo, State of California, n&cording to Map thereof NO. 11242, filed in the Office of the County R&corder of said County May 23, 1985, described as follows: Commencing at the Southeast&y terminuj of that certain course in the Northeasterly Sideline of Palmer Way, 60.00 f-t wide, as dedkated on said Map No. 11242, shown as North 24O17’00” West, 157.15 feet; thence along said Sideline North 24°1?‘OO* West, 63.28 feet to the True Point of Beginning; thence continuing along said Sideline North 2&7’00” West, 15.00 feet; thence leaving said Sideline North 6S043’OO” East, 18.81 feet to the Boundary of said Map No. 11242; thence along said Boundary South 50°29’16” East, 16.72 feet; thence leaving said Boundary South 6S043’OO” West, 26.19 feet to the True Point of Beginning. Said easement contains 338 +/, square feet. Commencing at the Northwesterly terminus of that certain course in the Southerly Sideline of Palmer Way, 60.00 feet wide, as dedicated on said Map No. 11242, shown as North 74°2S’OO” West, 581.13 feet on said Map No. 11242; thence along said Southerly Sideline South 74°2YOO” East, 119.39 fett to the True Point of Beginohg; thence continuing along said Sidc!ine South 74°2S’OO” East, 60.50 feet; thence leaving said Sideline at right angles South 15”35’00” West, 21.00 feet; thence parallel with said Sideline North 74°25’OO” West, 10.50 feet; thence South 15°28’OO” West, 296.14 feet to the Northerly Sideline of El Caniino Real as dedicated on said Map No. 11242; thence along said Sideline North 74’31’43” West, 15.00 feet; thence leaving said Sideline North 15O28’00” East, 296.17 feet; thence North 74°2S’OO” West, 35.00 feet; thence at right angles North 15’35’ 00” East, 21.00 feet to the True Point of Beginning. Said easement contains 5713 +/- square feet. This legal description and plat attached hereto and were prepared by me or under my direction. S-3r-a License Expires Sept. 30, 2002 made e part of this /=s-2z;,y document . - . 3653 I- I NO SCALE CARLS6AD MUNICIPAL WATER DISTRICT FORMERLY COSTA REAL MUNICIPAL WATER DISTRICT. WATER EASEMENT OEDICATED ON hhAP NO. 11242 DATA TABLE GRAPHIC SCALE 1”=200’ APti 20$‘-09~-~0 1469\1469,CMWDPLATl APN 20?-ooo-ore CARLSBAD MUNICIPAL WATER DISTRICT EASEMENTS EXHIBIT “B” DEDICATED ON MAP NO. 11242 6 RESOLUTION NO. 1097 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) FOR APPROVAL AND EXECUTION OF A QUITCLAIM DEEDS OF WATER PIPELINE EASEMENTS OVER A PORTION OF CARLSBAD TRACT MAP 83-36, LOT 1 AND LOT 10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11242, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MAY 23,1985. 7 WHEREAS, The Terraces at Sunny Creek, LLC, owners of Lot 1 and Lot 10 of Carlsbad 8 Tract Map No. 83-36, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11242, filed in the Office of the County Recorder of said County May 23, 1985 9 have submitted a request for approval and execution of a quitclaim deed of a portion of a water 10 pipeline and access easement granted to the Costa Real Municipal Water District, to which ” Carlsbad Municipal Water District became successor in interest, according to said Map 11242, 12 since said easements will no longer be necessary; and 13 WHEREAS, the Board of Directors of Carlsbad Municipal Water District has determined, 14 based upon the information before it, that it is in the public interest to quitclaim said easement to 15 the owners of Lots 1 and 10 of Map of Carlsbad Tract No. 83-36. 16 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad ,7 Municipal Water District (CMWD) of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 18 2. That the quitclaim deed conveying a water pipeline easement lying within that 19 portion of Map 11242, Lots 1 and 10 of Carlsbad Tract Map No. 83-36 in the City of Carlsbad, 20 County of San Diego, State of California, CMWD Project No. 98-501, granted to the Costa Real 2’ Municipal Water District, to which Carlsbad Municipal Water District became successor in interest, 22 per Map No. 11242, no longer will be necessary since new water facilities will be adequately 2s provided for within other easements and the public right-of-way. 27 'I' Ill 28 Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 18 19 20 21 22 23 24 25 26 27 28 3. That the President is authorized to execute the quitclaim deed of water pipeline easement over a portion of APN 209-090-01 and 209-090-l 0 for The Terraces of Sunny Creek 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 owners, The Terraces at Sunny Creek, LLC, a California limited liability company. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 12th day of September t 2000 by the following vote, to wit: AYES: Board Members Lewis , Finnila, Nygaard, and Kulchin Al-TEST (SEAL)