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HomeMy WebLinkAbout2003-09-16; Municipal Water District; 558; Quitclaim of Existing Waterline EasementsiB# 558 ATG. 09/16/03 IEPT. ENG RECOMMENDED ACTION: Adopt Resolution No. 1192 to quitclaim existing waterline easements across APN: 168-041-08, being portions of Parcel Map No. 16233. ITEM EXPLANATION: Cal El LLC, a Delaware limited liability company, has submitted a request to quitclaim those portions of waterline easements that traverse over APN 168-041-08, being portions of Parcel Map No. 16233. With the development of Calavera Hills - Village “Q”, CT 83-32, new waterlines constructed in Carlsbad Village Drive, College Boulevard and Tamarack Avenue replaced the old waterlines across Parcel Map No. 16233. The old waterlines were abandoned with the activation of the new lines. Staff concurs with the owner that there are no waterline facilities within the easements and the easements are no longer necessary. The easements can be quitclaimed to the owner. ENVIRONMENTAL REVIEW: The proposed quitclaim is exempt from environmental review under the California Environmental Quality Act Section 15061 (b)(3), because it can be seen with certainty that there is no possibility that the quitclaim may have a significant effect on the environment. FISCAL IMPACT: The waterline easements were granted to the District for a no cost acquisition and the District will quitclaim the easements for a no cost return to the property owner. The owner has paid the standard fee for processing this quitclaim. EXHIBITS: 1. 2. Resolution No. 1192 to quitclaim existing waterline easements across APN Location map for quitclaim of waterline easements. 168-31 1-01, being portions of Parcel Map No. 16233. Corporation quitclaim deed of easement PR 03-44 Corporation quitclaim deed of easement PR 03-45 DEPARTMENT CONTACT: Frank Jimeno, (760) 602-2758, fiime@ci.carlsbad.ca.us 3. 4. - TITLE: DEPT. HI! “e CITY ATTY. @/ CITY MGl3.W APPROVE AND AUTHORIZE QUITCLAIM OF EX IS TIN G WATE RLI N E EASEMENTS PR 03-44 and 45 ACROSS APN: 168-041 -08 LOCAT IO N PROJECT NUMBER PR03-44 PRO3-45 EASEMENT QUITCLAIMS FOR PROJECT NAME CALAVERA HlLLS VILLAGE "E-?" MAP EXHIBIT 7 NOT TO SCALE . -/ OF 05 I 2 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. 1192 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO QUITCLAIM EXISTING WATER PIPELINE EASEMENTS MAP N0.16233. ACROSS APN: 168-041-08 BEING PORTIONS OF PARCEL WHEREAS, a replacement waterline system was constructed with the development of >alaveta Hills - Village “Q, CT 83-32; and WHEREAS, the waterline across APN: 168-041-08 has been removed from service and he waterline easements are no longer needed. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Nater District (CMWD) of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Carlsbad Municipal Water District (CMWD) quitclaims the existing water ipeline easements across APN: 168-041 -08, being portions of Parcel Map No. 16233. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Nater District held on the 16th day of SEPTEMBER , 2003 by the following vote, to wit: AYES: Board Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None ATTEST (SEAL) RECORDING REQUESTED BY WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 THE ORIGINAL Of’ MIS NT W EEMIRDU) ON SEP 19, 203 DOCHNT MH 2003-ll56495 GREGORY J. SMITH, CMTY ECOKDER SAN DIEGO CCWNTY RElXJRKR’S OFFICE TIE: 3:lO PH SPACE ABOVE THIS LINE FOR RECORDER‘S USE The undersigned grantor(s) declare(s): Documentary transfer tax is !$= @ Assessor’s Parcel No. 168-041 -08 ( ) computed on full value of prop rty conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad, and Project No. 81 Name: Calavera Hills - Village ‘E-I’ PR 03-45 Pipeline Easement Quitclaim CT 01-03 / encumbrances remaining at time of sale CORPORATION QUITCLAIM DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Carlsbad Municipal Water District, successor in interest to Costa Real Municipal Water District, a Public A enc or anized under the Municipal Water Act of 1911, and a Subsidiary district of ?hz e ity o 7 Carlsbad or anized under the laws of the State of California does hereby REMISE, RELEASE, AND F~REVER quitclaim to: Cal El LLC, a Delaware limited liability company the following described real property in the City of Carlsbad, County of San Die 0, State of California: a pipeline easement as described in Exhibit “A“ consistin of one VI) page(s) attached hereto and made a part hereof. Exhibit “B” consisting of two ( 9 ) page(s) is attached for clarity only. ATTEST: (SEAL) b AB i~ssa 9/16/03 H:\Developmenl Services\PROJECTS\CT FILES\CT 01-03 CH Village E-1 - JimendDeeds-Easements\PR 03-45 CMWD QC.doc 6/1/00 EXHIBIT “A” LEGAL DESCRIPTION PR 03-45 THAT PORTION OF 160.00 FOOT WIDE PIPELINE EASEMENT GRANTED TO THE COSTA REAL MUNICIPAL WATER DISTRICT BY DOCUMENT RECORDED NOVEMBER 23,1982, AS DOCUMENT NO. 82-362089 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. LYING WITHIN PARCEL MAP NO. 16233 FILED SEPTEMBER 21,1990, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AND LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY OF CARLSBAD VILLAGE DRIVE AS SHOWN ON SAID PARCEL MAP 16233, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.192 ACRES MORE OR LESS. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 :tn M:\0553\163\Legal Descriptions\A02 CMWD 2 QUITCLAIM .doc WO 553-’I 63 9/5/03 EASEMENT QUITCLAIM 2 PPLICANT: BROOKFIELD HOMES 12865 POlNTE DEL MAR SUITE 200 (858) 481-8500 DEL MAR, CA 92014-3859 BASIS OF BEARINGS PREPARED BY: PROJECT: A.P.N.: CAM VERA HILLS VILLAGE E- 1 APN: 168-04 1 -08 EXHIBIT "B" DAMD W. AMBLER L.S. 7322 EXPIRES: 12/3 1 /05 PR 03-45 mSIS OF BEARINGS IS THE WESTERLY SIDELINE OF GLASGOW DRIVE PER PARCEL MAP NO. 16233 i. e. N 18'36 '34 "W 2 CALAMRAS PROJECT N VICINITY MAP NOT TO SCALE SITE SHEET 1 OF 2 R:\O196\&Map\VP CMWD (2) Easement Abandon Sht l.DWG[ 1891]Sep-04-2003 KO. 553- 163 EASEMENT QUITCLAIM PLAT - CARLSR4D MUNICIPAL WATER DISTRICT 0 200 400 600 BROOKFl ELD HOMES 12865 POINTE DEL MAR SUITE 200 DEL MAR, CA 92014-3859 (858) 481-8500 INDICATES PORTION OF 160 WIDE PIPELINE EASEMENT BEING QUITCLAIMED AREA = 0.192 ACRES lb I$ VY& LEGEND - INDICATES PARCEL MAP BOUNDARY -4 I & CALA VERA HI1 LS APN 168-04 1-08 VILLAGE E- 7 EXHIBIT "B" DAWD W. AMBLER L.S. 7322 EXPIRES 12/31 /05 PR 03-45 A INDICATES 160 WIDE PIPELINE EASEMENT GRANTED TO COSTA REAL 7 MUNICIPAL WATER DISTRICT BY DOCUMENT RECORDED NOVEMBER 23, 1982 AS DOCUMENT NO. 82-362089 OF OFFICIAL RECORDS. HUNSAKER & ASSOCIATES SAN DIEGO, INC CORNER NO. 7, LOT J OF RANCHO AGUA HEDIONDA MAP NO. 823 PUNNING lOV9 Huemekens Street ENGINEERING San &go, Ca 92121 SHEET 2 OF 2 SURMYINC FIi(858)55&4500~ oC(8sS)Sss-trU R:\O796\&Map\VP CMWD (2) Easement Abandon Sht .?.DWG[ 1891]Sep-05-2003 NO. 553-163 EASEMENT QUITCLAIM PLAT - CARLSR4D MUNICIPAL WATER DISTRICT PPLICANT I PREPARED BY: I PROJECT: I A.P.N.: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sfin -D } SS. Name and Title of Officer (e g , "Jane Doe,Hotary Public') On CZ - I8-a , before me, personally appeared ifiu E A - kc w 1 5 Date Narne(s) of Signer@) personally known to me proved to me on the basis of satisfactory evidence to be the person($-whose name(+ is/- subscribed to the within instrument and acknowledged to me that he/&t&bey executed the same ,- in hisltw%bw ' authorized capacity(+@, and that by hislkeFClkeir signature(sjon the instrument the persono, or the entity upon behalf of which the person(+ acted, executed the instrument. WITNESS mv hand and official seal. Place Notary Seal Above OVTIONA L 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer ~- Signer's Name: 3 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited General Attorney in Fact Trustee 0 Guardian or Conservator U Other: Signer Is Representing: 0 1999 National Notary Association * 9350 De Sot0 Ave., P.0 Box 2402 * Chatswooh, CA91313-2402 www.nationalnotar).org Prod No. 5907 Reorder: Call Toll-Free 1-800-876-6827 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 THE ORIGINAL IIF THIS DOCU#ENT RECORDED ON SEf’ 1% 2003 DOMT NUWBER 2003-11%496 GREGORY 3. SMITH, COUNTY RECORDER 3% DIEGO COUNTY KEmR’S OFFICE TIME: 3:lO w3 SPACE ABOVE THIS LINE FOR RECORDERS USE The undersigned grantor(s) declare(s): Documentary transfer tax is $mrSw Assessor’s Parcel No. 168-041 -08 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad, and Quitclaim Project No. & Name: Calavera Hills - Village ‘E-1’ PR 03-44 Water Pipeline Easement CT 01-03 encumbrances remaining at time of sale ~~ CORPORATION QUITCLAIM DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Carlsbad Municipal Water District, a Public Agenc or anized under the Municipal Water Act of 191 1, and a Subsidiary district of the City of 8% arls ad or anized under the laws of the State of California does hereby REMISE, RELEASE, AND F~REVER quitclaim to: attached hereto an 8 made a part hereof. Exhibit “B” consisting of two (2) page(s) is attached Cal El LLC, a Delaware limited liability company the following described real property in the City of Carlsbad, County of San Die 0, State of California: a water ipeline easement as described in Exhibit “A consisting of oneT1) page(s), for clarity only. DATED & /? ATTEST: (SEAL) :t , -AB #558 = 9/16/03 H:\Development Services\PROJECTS\CT FILES\CT 01-03 CH Village E-1 . Jirneno\Deeds-Easements\PR 03-44 CMWD QC.doc 6/1/00 ci. EXHIBIT “A” LEGAL DESCRIPTION PR 03-44 THOSE PORTIONS OF 20.00 FOOT WIDE WATER PIPELINE EASEMENTS GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT BY DOCUMENTS RECORDED JANUARY 9,1967, IN BOOK 1967, PAGE 2641, PAGE 2643, PAGE 2644 AND PAGE 2646 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY LYING WITHIN PARCEL MAP NO. 16233 FILED SEPTEMBER 21,1990 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.370 ACRES MORE OR LESS. DAVID W. AMBLER HUNSAKER & ASSOCIATES SAN DIEGO, INC. ’ L.S. 7322 PAGE 1 OF 1 :tn M:\0553\163\Legal DescriptionsMOl CMWD 1 QUITCLAIM .doc WO 553-1 63 9/5/03 EASEMENT QUITCLAIM 1 BROOKFIELD HOMES 12865 POINTE DEL MAR SUITE 200 DEL MAR, CA 92014-3859 (858) 48 1-8500 BASIS OF BEARINGS MSIS OF BEARINGS IS THE WESTERLY SIDELINE OF GLASGOW DRIVE PER PARCEL MAP NO. 16233 i. e. N I836 '34 Yrv CAM VERA HILLS APN: 168-04 1-08 VILLAGE E- I PR 03-44 EXHIBIT "B " DAVlD W. AMBLER L.S. 7322 EXPIRES: 12/31 /05 N VICINITY MAP NOT TO SCALE SITE SHEET 1 OF 2 R:\Ol96\&Map\VP CMWD (1) Easement Abandon Sht l.DWG[ 1891]Sep-04-2003 NO. 553- 163 EASEMENT QUITCLAIM PLAT - CXRLSMD MUNICIPAL WATER DISRICT PPLICANT I PREPARED BY: I PROJECT I A.P.N.: 0 5*57’53”W 10.38’ Lo CORNER NO. 5, LOT D OF RANCHO SCALE 1 ”= 200 ’ AGUA HEDIONDA MAP NO. 823 PROPOSED GOUV off GARLSBAD GALAMERA MOLLS VObBA@SE E-1 AREA BEING QUITCL4IMED. AREA = 0.370 ACRES. - INDICATES PARCEL MAP BOUNDARY NUMBER DELTA RADIUS LENGTH Cl 15*30’26” 949.00 256.85 GRANTED TO CMWD BY DOCUMENTS RECORDED JANUARY 9. 1967 BEING QUITCLAIMED: I A IN BOOK 1967, PAGE 2641 OF O.R. BROOKF I UD HOMS 12865 POINTE DEL MAR SUITE 200 DEL MAR, CA 92014-3859 (858) 481-8500 IN BOOK 1967, PAGE 2643 OF O.R. IN BOOK 1967, PAGE 2644 OF 0.R. IN BOOK 1967, PAGE 2646 OF O.R. HUNSAKER & ASSOCIATES CORNER NO. 7, LOT J OF RANCHO AGUA HEDIONDA MAP NO. 823 SAN DIEGQ INC A PLANNING 10179 Hwmdtmr Street ENGINEERING San Diego, Ca 92121 CALA VERA HILLS APN 168-04 1-08 VILLAGE E- I PR 03-44 EXHIBIT ”B” OAWO 4. AMBLER L.S. 7322 EXPIRES: 12/31 /05 SHEET 2 OF 2 SURVEYING PH(858)55&4500~ FX(8Se)S%UW R:\Ol96\&Map\kP CMWD (I) Easement Abandon Sht Z.DWG[ 1891]Sep-04-2003 KO. 553-163 EASEMENT QUITCLAIM PLAT - CARLSWI MUNICIPAL WATER DISTRICT APPLICANT I PREPARED BY: I PROJECT: 1 A.P.N.: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SMJ - j]lu; G, } ss. 9 Name@) of Signer(s) personally appeared &mD6 A - 5 &personally known to me 0 proved t3 me on the basis of satisfactory evidence to be the person(sfwhose name(& is/= subscribed to the within instrument and acknowledged to me that hem executed the same in his/heWeir authorized Notary Public - Callfanb capacity(m, and that by hishedtheir signature(+ on the instrument the person(+, or the entitv upon behalf of which the Dersonh-H Son Diego County ., 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: El Individual L1 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee U Guardian or Conservator 0 Other: Signer Is Representing: iD 1999 National Notary Association * 9350 De Soto Ave.. P.0. Box 2402 Chatsworlh. CA 91313-2402 - www.nalimalnoIary.org Prod. NO. 5907 Reorder. Call Toll-Free 1-800-876-6827