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HomeMy WebLinkAbout2003-12-02; Municipal Water District; 559; Quitclaim of a Waterline Easement 3235 Tyler St0 ae tL 4 .. 2 0 F n a a 2 p! 0 4B# 559 - TITLE: APPROVE A QUITCLAIM OF A WATERLINE EASEMENT ACROSS 3235 TYLER STREET, CARLSBAD, CA MTG. 12/02/03 APN: 204-070-01 THRU 03 DEPT. HD. CITY ATTY. @, ' CITY MGR. (PR 02-1 19) IEPT. ENG RECOMMENDED ACTION: Adopt Resolution No. 1195 quitclaiming a 20-foot wide easement for water pipelines over property at 3235 Tyler Street. ITEM EXPLANATION: Carlsbad Village Self Storage, LLC, a California limited liability company, has submitted an application to quitclaim a water line easement traversing over a portion of APN 204-070-01, 02 and 03, also being a portion of Lot 7 of Industrial Tract per Map No. 1743. This easement is parallel with and adjacent to the street right-of-way. The applicant is submitting the request to quitclaim the easement as required per Engineering Condition No. 12 of Design Review Board (DRB) Resolution No. 279, adopted by the Housing and Redevelopment Commission on January 22, 2002. The Housing and Redevelopment Commission approved development of a self-storage facility on the property. The properties fronting Tyler Street, including the subject property, are adequately served by a water main located within the street right-of-way. The City has no records of any pipelines being installed within the easement and has determined that the easement has no future beneficiary use. 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 will have a significant effect on the environment. FISCAL IMPACT: The item has no fiscal impact to the City. The waterline easement was granted to the District for a no fee cost acquisition and the District will quitclaim the easement for a no fee cost return to the property owner. The owner has paid the standard fee for processing this quitclaim. EXHIBITS: 1. Location Map 2. Resolution No. 1195 3. Quitclaim Deed. DEPARTMENT CONTACT: David Rick, (760) 602-2781, drick@.ci.carlsbad.ca.us I PROJECT NAME WATERLINE EASEMENT QUITCLAIM APN 204-070-01. 02 & 03 LO C AT1 0 N PROJECT EXHIBIT NUMBER PRO2- 1 19 7 MAP 1 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 i /\ )\J1 L\ RESOLUTION NO. 1195 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) APPROVING A QUITCLAIM OF A WATERLINE EASEMENT OVER PROPERTY AT 3235 TYLER STREET, APN: 204-070-01 THROUGH 204-070-03, BEING A PORTION OF LOT 7 OF INDUSTRIAL TRACT, FILED AS MAP NO. 1743. WHEREAS, Carlsbad Village Self Storage, LLC, a California Limited Liability Company, has submitted a request for quitclaim of a water easement granted to Carlsbad Municipal Water Company on March 5, 1946 in Book 2065, Page 229 of Official Records of the San Diego County Recorder; and WHEREAS, the properties fronting Tyler Street, including the subject property, are adequately served by the existing public waterline in Tyler Street; and WHEREAS, said easement was never utilized for the purpose for which it was granted and is not now nor is it contemplated to be needed for water pipe purposes and appurtenant facilities; and WHEREAS, the Board of Directors of Carlsbad Municipal Water District (CMWD) has determined it to be in the public interest to quitclaim said easement; and 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. 2. That the above recitations are true and correct. That the Carlsbad Municipal Water District (CMWD) quitclaim the existing waterline easement across APN: 204-070-01 through 204-070-03, being a portion of Lot 7 of Industrial Tract, filed as Map No. 1743. ‘11 Ill VI VI Ill VI i 1 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 3. That the President is authorized to execute the deed and the Secretary is hereby authorized to release the original quitclaim deed to Carlsbad Village Self Storage, LLC, a California limited liability company. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 2nd day of December , 2003 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard ATTEST r: December 10,2003 Carlsbad Village Self Storage, A California Limited Liability Co. 2601 Main Street, Suite 1330 Imine, CA 92614 QUITCLAIM OF WATERLINE EASEMENT ACROSS 3235 TYLER STREET The Board of Directors of the Carlsbad Municipal Water District, at their meeting of December 2,2003, approved the quitclaim of a 20-foot wide easement for water pipelines over property located at 3235 Tyler Street. The Quitclaim has been signed and notarized, and the original document is enclosed so that your company can have it recorded with the San Diego County Recorder. Assistant City Clerk Enclosure (1) 1200 Carlsbad Village Drive * Carlsbad, CA 92008-1 989 - (760) 434-2808 @ RECORDING REQUESTED BY I MAIL TAX STATEMENTS TO: Carlsbad Village Self Storagc, $@a Main St, Suite 1330 Irvine CA 92614 AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Village Self Storag 2601 Main St, Suite 1330 Irvine CA 92614 The undersigned grantor(s) declare(s): Assessor's Parcel No. 204-070-01 thru 03 Documentary transfer tax is $ 00.0 yw RP 01-09, PR 02-1 19 ( ) 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 Project No. & Name Carlsbad Village Self-storage CARLSBAD MUNICIPAL WATER DISTRICT FOR A VALUABLE CONSIDERATION, .. receipt of which is hereby acknowledged. aws ROBERT^ wo JCI W QUITCLAIM DEED CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 191 1, 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 Carlsbad Village Self Storage, LLC, a California Limited Liability Company all right, title and interest in the property described in Exhibits "A' & "B", consisting of 3 page(s), which is(are) attached hereto and made a part hereof. Executed on December 20 03 , at Carlsbad, California APPROVED AS TO FORM: ROI\IALP R. BALL, GENERAL COUNSEL r the Municipal Water District of the City of ..--7 / L&/?rn c M. WOOD, Secretary / 2. y 03 (Notarial acknowledgement of execution of Grantor must be attached.) AB #559 Resoiution No. 1195 CMWD 12 - 2 - 0 3 H:/Development ServiceslMasterslDeeds-Grant Deeds-Easements/Quitclaim Deed - CMWD (Real Property) 6/1/00 rc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAd On F. 2603, before me, Z&&iu Name and TRle / of Officer cn (e g vi* , "Jane Doe, Notary PuMic") personally appeared cCAL(D 6 a. hLS t Name@) of Signer@) Date &personally known to me 0 proved to me on the basis of satisfactory evidence to be the personN whose namew is/- subscribed to the within instrument and acknowledged to me that he/- executed the same in his/h4rlthcLv ' authorized capacity- and that by his/herk& signatureo on the instrument the personw, or the entity upon behalf of which the personw acted, executed the instrument. WITNESS my hand and official seal. A 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. Title or Type of Document: U !r cC)& /bl Dm Description of Attached Document u\ > c. .A OS3 Number of Pages: OOD 3 P *BALL. LOpRRwk e Signer(s) Other Than Named Above: ROW/?[ L Capacity(ies) Claimed by Signer g Individual 0 Partner - 0 Limited 0 General Signer's Name:CI,ChC fi< ,, A- .- iXuI5 Corporate Officer - Title(s): Pw5/DaQrr U Attorney in Fact Trustee El Guardian or Conservator 0 Other Signer Is Representing. hiuu E! Pp(. bh=, DLSlXK~ 0 1997 National Notary Association 9350 De Soto Ave PO Box 2402 Chatsworth, CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT “A” WATER EASEMENT QUITCLAIM LEGAL DESCRIPTION PR 02-1 19 PARCEL 1 THAT PORTION OF LOT 7 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP No. 1743 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHEASTERLY 20.00 FEET OF SAID LOT 7 PER DOCUMENT RECORDED MARCH 6, 1946 IN BOOK 2065, PAGE 229 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE ABOVE DESCRIBED PARCEL CONTAINS 2,764 SQUARE FEET, MORE OR LESS. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR’S ACT. la /5//07 WARREN WILLIAMS, JR., ’P.L.S. 7038 DATE REGISTRATION EXPIRES 9/30/06 ‘i '\ WATER EASEMENT QUITCLAIM IN LOT 7 w MAP NO. 1743 IN THE aw of CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CAUFORNIA. 05 $' \. / / DRAWN BY: DRC. INC. PR 02-119 REVISED: / / / / / \ / \\ \ )ATE: iCALE: 10-29-2OO3 1" = 60' PN: !04-070-01. 02 t 03 2065 / 229 O.R. \ \ YY \ \ / / THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION WARREN WILLIAMS, JR. P.L.S. 7038 DATE EXHIBIT "B" SHEET 1 OF 1