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HomeMy WebLinkAbout2004-01-13; Municipal Water District; 562; QUITCLAIM OF WATERLINE EASEMENT LOTS 3,4,5 SEAVIEW WAYLB# 562 ITG. 1/13/04 IEPT. ENG TITLE: APPROVE A QUITCLAIM OF A DEP; m. ’ /fa @ WATERLINE EASEMENT OVER LOTS 3,4, AND 5 OF CT 98-21, SEAVIEW WAY, APN NOS. 167-070- 37,38 AND 39 (PR 03-115) CITY ATTY. CITY MGR. k I LOCATION 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 A C RESOLUTION NO. 11g9 RESOLUTION OF THE BOARD OF DIRECTORS OF RLSBAD MUNICIPAL WATER DISTRICT (CMWD) APPROVING A QUITCLAIM OF A WATERLINE EASEMENT OVER PROPERTY AT 3589, 3585 AND 3581 SEAVIEW WAY, APN NOS. 167-070-37, 38, AND 39, (PR 03-115) BEING A PORTION OF LOTS 3, 4, AND 5, CT 89-21, FILED AS MAP NO. 1401 3. WHEREAS, Buccola Engineering, Inc., has submitted a request for quitclaim of a water ?asement granted to Carlsbad Municipal Water Company on December 6, 1966 in Book 1966, 'age 198693 of Official Records of the San Diego County Recorder; and WHEREAS, the properties fronting Seaview Way, including the subject property, are 3dequately served by the existing public waterline in Seaview Way; and WHEREAS, said easement is no longer needed for the purpose for which it was granted md is not now nor is it contemplated to be needed for water pipe purposes and appurtenant 'acilities; and WHEREAS, the Board of Directors of Carlsbad Municipal Water District (GMWD) has jetermined 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 Nater 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 sasement across APN Nos. 167-070-37, 38, and 39, being a portion of Lots 3, 4, and 5 of zarlsbad Tract 98-21, filed as Map No. 14013. 71 Yl 71 71 N 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 uthorized to release the original quitclaim deed to Bradley and Blayne Harvey Family Trust, :rank W. and Ellen M. Turnbull, and Cary E. and Nancy P. Thomas. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal day of January , 2004 by the Water District held on the 13th Illowing vote, to wit: , Finnila, Kulchin, Hall and Packard LTTEST: ?age 2 of 2 of CMWD Resolution No. 1199 (SEAL) RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Nancy P. Thomas 3581 Seaview Way Carlsbad. CA 92008 MAIL TAX STATEMENTS TO: Space above this line for Recorder’s Use. The undersigned grantor(s) declare(s): Assessor’s Parcel No. 167-070-37, 38.39 Documentary transfer tax is $DAH* ( ) 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 CT 98-21, Seaview PR 03-1 15 CARLSBAD MUNICIPAL WATER DISTRICT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. *= ROBERT J. MJCIK 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 Bradley and Blayne Harvey Family Trust, Frank W. and Ellen M. Turnbull. Cary E and Nancy P. Thomas all right, title and interest in the property described in Exhibits.”A” & “B”, consisting of 2 pages, which are attached hereto and made a part hereof. Executed on 5 rn-m 2% . 20e4 , at Carlsbad, Cdornia APPROVED AS TO FORM: RONALD R. BALL. GENERAL COUNSEL CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of AB #562 1-13-04 must be attached.) Resolution No. 1199 H:IOevelopmenl ServiceSIMaSlersIDeeds-Grant Deeds-EasemenWQuitclaim Deed - CMWD (Real Properly) 6/1/00 C 4’ State of California 1 t county of 5n.d DIE64 1 personally appeared CLAu7)E A. LL /bf 5 h On 1-23-04 before me, zA8E.M Title or Type of Document u iTCuRlul Date of Document Signer@) other than named above ( -A 9- 0 4 No. of Pages 3 t/UOT'AR\/ &.C%TIn&q7F personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name@) Mare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized caDacity(ies). and that by hislherltheir / signature(?,) on the instrument the person@), 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 H:IDevelopment ServiceslMasters/Deeds-Grant Deeds-EasemenWQuitclaim Deed - CMWD (Real Properly) "EXHIBIT A" THAT PORTION OF LOT "J" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896 LYING WITHIN LOTS 3, 4, AND 5 OF CARLSBAD TRACT NO. 98-21 ENTITLED SEAVIEW ACCORDING TO MAP THEREOF N0.14013 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 3, 2000 AS DOCUMENT NO. 2000- 411287 OF OFFICIAL RECORDS BEING THE CENTERLINE OF AN EASEMENT FOR A WATER SYSTEM AN0 INCIDENTAL PURPOSES, 20 FEET WIDE, RECORDED DECEMBER 22, 1966 AS FILE/PAGE NO. 198693 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS : COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF CHESTNUT AVENUE, 60.00 FEET WIDE, AND THE CENTERLINE OF CAMEO ROAD AS SHOWN ON CHESTNUT HEIGHTS MAP NO. 5320, AS FILED IN THE OFFICE OF SAID COUNTY RECORDER; THENCE WESTERLY ALONG SAID CENTERLINE OF CHESTNUT AVENUE, SOUTH 79"24' WEST 418.21 FEET TO THE BEGINNING OF A 296.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE CONTINUING ALONG SAID CENTERLINE THROUGH A CENTRAL ANGLE OF 3°07'30", A DISTANCE OF 16.14 FEET; THENCE RADIAL TO SAID CENTERLINE ALONG A LINE BEARING NORTH 13-43'30'' WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF CHESTNUT AVENUE; SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING OF THE CENTERLINE TO BE DESCRIBED; THENCE NORTHERLY ALONG THE CENTERLINE OF SAID 20.00 FOOT EASEMENT, NORTH 23"19'10" WEST A DISTANCE OF 606.89 FEET; THENCE NORTH 66"26'06" EAST (RECORD NORTH 66"26'40" EAST) A DISTANCE OF 183.83 FEET. PREPARED BY: DENNIS A. BROWN, PLS 4789 DATE BUCCOLA ENGINEERING, inc. 3142 Vista Way. Suite 301 7601721 -2000 Oceenside. CA 92056 FAX 760/721-2046