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HomeMy WebLinkAbout2004-01-20; Municipal Water District; 563; Waterline easement quitclaimiB# 563 ITG. 01/20/04 IEPT. ENG n a e a w 5 II .. z 0 F 0 a n m z 0 TITLE: - APPROVE AND AUTHORIZE QUITCLAIM OF AN EXISTING WATERLINE EASEMENT CITY MGRa ACROSS LOTS 1 THROUGH 5 OF CT 97-09 PR 00-96 RECOMMENDED ACTION: Adopt Resolution No. 1200 through 5 of CT 97-09 per Map No. 14038. to quitclaim an existing waterline easement across Lots 1 ITEM EXPLANATION: On June 17, 1998 the Planning Commission approved the subdivision CT 97-09 La Costa Lucky Sav-on Shopping Center at the northeast corner of El Camino Real and La Costa Avenue. The project was conditioned to dedicate a new waterline easement for pipelines to serve the development and to abandon or remove the old pipelines and quitclaim the easement for the pipelines that served the previous land uses. The construction of the new water pipelines has been completed and the old pipelines have been rendered inactive. The owners of the land through which the old easement traverses are American Stores Properties, Inc., a Delaware corporation, Grant Tucker Properties, a California limited liability company, and Carlsbad Fuels Corp., a California corporation. They have submitted a request to quitclaim those portions of the waterline easement that traverse over their property; Le., Lots 1 through 5 of CT 97-09. Staff concurs with the owners that there are no waterline facilities within the original easement and the easement is no longer necessary. The easement can be quitclaimed to the owners. 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 original waterline easement was granted to the District for a no cost acquisition and the District will quitclaim the easement for a no cost return to the property owners. The owners have paid the standard fee for processing this quitclaim. EXHIBITS: 1. Location map for quitclaim of water pipeline easement. 2. Resolution No. 1200 to quitclaim an existing water pipeline easement across Lots 1 through 5 of CT 97-09 per Map No. 14038 3. Corporation quitclaim deed of easement PR 00-96. DEPARTMENT CONTACT: Frank Jimeno, (760) 602-2758, fiime@ci.carlsbad.ca.us 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 RESOLUTION NO. 1200 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO QUITCLAIM AN EXISTING WATER PIPELINE EASEMENT ACROSS LOTS 1 THROUGH 5 OF CT 97-09 PER MAP NO. WHEREAS, a replacement waterline system has been constructed to serve the jevelopment of La Costa Lucky Sav-on Shopping Center, CT 97-09; and WHEREAS, the original waterline system across Lots 1 through 5 of CT 97-09 per Map 10. 14038 has been removed from service and the original waterline easement is no longer ieeded, and WHEREAS, American Stores, Inc., a Delaware corporation, Grant Tucker Properties, a 2alifornia limited liability company, and Carlsbad Fuels Corp., a California corporation are the 3wners through which the original easement traverses; and WHEREAS, the owners have submitted a request for quitclaim of the water pipeline 5asement granted to Carlsbad Municipal Water District on August 1, 1973 per File 73-21 2527 of 3fficial Records of the San Diego County Recorder. 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) quitclaims the existing water iipeline easement across Lots 1 through 5 of CT 97-09 per Map No 14038. /I Il I/ /I Il Il Il 2 < I( 1' 1; 1: 14 1: 1E li 1E 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 Bradley and Blayne Harvey Family Trust, Frank W. and Ellen M. Turnbull, and Cary E. and Nancy P. Thomas. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 20th day of January , 2004 by the following vote, to wit: AYES: Board Members Lewis, Finnila, Kulchin, Hall and Packard 4TTEST /i (SEAL) BATIQUITOS LAGOON LA COSTA GO1 F COURSE RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Grant Tucker Properties P. 0. Box 7974 Newport Beach, CA 92658 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor@) declare@): Documentary transfer tax is $o.oO ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad, and Assessor's Parcel No. Project No. & Name: CT 97-09, La Costa Plaza Quitclaim of Water Pipeline Easement 216-580-01 to 05 PR 00-96 encumbrances remaining at time of sale CORPORATION QUITCLAIM DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Carlsbad Municipal Water District, a Public Agency or anized under the Municipal Water Act of 191 1 , and a Subsidiary district of the City of 2 arlsbad company (A b Ns 216-580-03 through 05), and (! arlsbad Fuels Corp., a California or anited under the laws of the State of California does hereby REMISE, RELEASE, AND F~REVER quitclaim to: the underlying jropert corporation A corporation (APN 21 6-580-02) owners: American Stores Properties, Inc, a Delaware 21 6-&0-01), Grant Tucker Pro erties, a California limited liability the following described real property in the City of Carlsbad, County of San Diego, State of California: a water pipeline easement as described in Exhibit "A" consistin of one page(s), attached hereto and made a part hereof. Exhibit "B" consisting of two pagefs) is attached for clarity only. (SEAL) J H.\Dwek$mlonl S~I~~~~WROJECTS\CT FILES\CT 9743 La Coda Lucky Sava Sh Ctr - Jimsno\Deeds-EasmIr\CORP OIUTCWM OF EASEMENT CMWD PR 00- 96 doc 6/1100 Is ,- REVISED SEPTEMBER 29, 2000 JUNE 21, 2000 JOB NO. 96-1033 EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT QUITCLAIM SHEET 1 OF 1 PR00-96 ALL THAT PORTION OF LOTS 1 THROUGH 5, INCLUSIVE, OF MAP NO. 14038, RECORDED SEPTEMBER 15, 2000 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, SAID EASEMENT IS MORE PARTICULARLY DESCRIBED IN DOCUMENT RECORDED AUGUST 1, 1973 AS FILE NUMBER 73-212527. AREA = 28,146 SF /No. 2721 4 ,a/a?/os AEam WAER asE,unvr QUITCLAM -00- SUBDMSIOff BOUNM): C.I: 97-09 RIGHT-Of- WAY (RBI Lor UNE ------ EXISTING E4SEMEffT LINES - I PORTION OF LOTS 1 WROUGH 5 OF MP NO. 14038 .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof S4d BIGGO } ss. slu On JAnl.21; ab 04, , before me, &6U Name and mtle &WTA of Officar (a g , "Jane boe. Notary PuMd) / I Data personally appeared cMuDt5 A. &%IS I Name(s) of %ner(S) xpersonally known to me 0 proved to me on the basis of satisfactory evidence Place Notary Seal Above to be the persono+ whose nameM is/- subscribed to the within instrument and acknowledged to me that he/- executed the same in hislkeFCICttir authorized capacity@@, and that by hislhefkkir signatur-on the instrument the personM, or the entity upon behalf of which the personw acted, executed the instrument. WITNESS my hand and official seal. OPTlONAL 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: cO@b mrJ QULTiPA& M Da SP Em8it 7&7 Document Date: 200 4 Number of Pages: 4 Signer(s) Other Than Named Above: ntznr I Capacity(ies) Claimed by Signer's Name: fim U b 0 Individual -A 4 z.= -,' I . %e+- 0 Partner - 0 Limited [? General $ <. 0 Attorney in Fact ,-- & 0 Trustee ?A*& . - 1 0 Guardian or Conservator *.+..r! 0 Other: ~4 corporate Officer - Titte(s): f eC /Sf "Y,Y I .'5 --e* 1 Signer Is Representing: Q 1997 Natimal Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 913132402 Prod. No. 5907 Reorder: Call Tdl-Free 1-800876-6827 ? January 23,2004 Grant Tucker Properties P.O. Box 7974 Newport Beach, CA 92658 To Whom It May Concern: The January 20, 2004, mee,ing of the City of Carlsbad, Municipal Water District, approved the quitclaim of an existing water pipeline easement to American Stores Properties, Inc., a Delaware corporation; Grant Tucker Properties, a California limited liability company; and Carlsbad Fuels Corp., a California corporation. The original is enclosed so that you can have it recorded in the office of the San Oiego County Recorder, (760) 630-1219. Please contact me if you have any questions concerning this matter. Sincerely, k +--?ST Marcia Long Senior Office Specialist Enclosure (1) 1200 Carlsbad Village Drive Carlsbad. CA 92008-1989 (760) 434-2808 @