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HomeMy WebLinkAbout2004-04-06; Municipal Water District; 565; QUITCLAIM WATERLINE EASEMENTS PASEO DEL NORTE0 w 5 2 a a .. 2 0 F 0 a n m 3 0 4B# 565 - TITLE: APPROVE A QUITCLAIM OF WATERLINE EASEMENTS OVER PROPERTY MTG. 04/06/2004 ADJACENT TO PASEO DEL NORTE DEPT. ENG (PR 03-74) APN: 2 1 1-02 1-30-32 DEPX & CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 1204 quitclaiming waterline easements over the property adjacent to Paseo del Norte just north of Palomar Airport Road, APN: 21 1-021-30-32 (PR 03-74). ITEM EXPLANATION: CPTISC Title Holding Corporation, a California Corporation has submitted an application to quitclaim waterline easements granted as document 1995-01 221 98, recorded March 24, 1995 and as document 1994-0272434 recorded April 25, 1994. The existing easements traverse over a portion of APN 211-021-30-32. These easements are adjacent to the street right-of-way. The applicant is submitting the request to quitclaim the easements that encompassed a waterline abandoned pursuant to the King’s Fish House development, CUP 01-06. The developer removed the old waterline out of the existing easements and installed a replacement waterline in Paseo del Norte per dwg 398-8. Since the waterlines have been relocated, staff recommends the Board quitclaim the easements. 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 Board. The waterline easements were granted to the District for a no fee cost acquisition and the District will quitclaim the easements 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. 1204 quitclaiming waterline easements for water pipelines over property adjacent to Paseo del Norte, APN: 21 1-021-30-32 (PR 03-74). 3. Quitclaim Deed. DEPARTMENT CONTACT: Jeremy Riddle, (760) 602-2737, jridd@ci.carlsbad.ca.us 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 3 RESOLUTION NO. 1204 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) APPROVING A QUITCLAIM OF WATERLINE EASEMENTS OVER PROPERTY ADJACENT TO PASEO DEL NORTE, APN: 21 1-021-30-32 (PR 03-74). WHEREAS, CPTISC Title Holding Corporation, a California Corporation, has submitted a request to quitclaim water easements granted to Carlsbad Municipal Water Company per document 1995-01 221 98 recorded March 24, 1995 and per document 1994-0272434 recorded April 25, 1994; and WHEREAS, the properties fronting Paseo del Norte, including the subject property, are adequately served by the existing public waterline in Paseo del Norte; and WHEREAS, the previous waterlines that were located in said easements have been -elocated in Paso del Node to the satisfaction of the City Engineer and the purpose of said 3asements are no longer required for which it was granted and is not now nor is it contemplated to De needed for waterline purposes and appurtenant facilities; and WHEREAS, the Board of Directors of Carlsbad Municipal Water District (CMWD) has letermined it to be in the public interest to quitclaim said easements; 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 Carlsbad Municipal Water District (CMWD) quitclaims the existing That the above recitations are true and correct. waterline easements across APN: 21 1-021 -30-32. I1 It I1 I1 I1 I1 I1 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 2' 2; 2: 2r 2! 2f 2; 21 3. That the President is authorized to execute the quitclaim deed and the Secretary is lirected to record the original quitclaim deed, the attached legal description and plat in the Office )f the County Recorder of San Diego County. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal JVater District held on the 6th day of Apr i 1 , 2004 by the Following vote, to wit: AYES: Board Members Lewis, F a, Kulchin, Hall and Packard ATTEST 14 w/ Lowm E M. WOOD, Secretary (SEAL) CMWD Resolution No. 1204 page 2 RECORDING REQUESTED BY WHEN RECORDED MAILTO: CPT/SC Title Holding Corporation 2321 Rosecrans Avenue Suite 3230 El Segundo, CA 90245 SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $- Assessor’s Parcel No. 21 1-021-30-32 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad, and Project No. & Name: Kings Fish House, CUP 01-06 encumbrances remaining at time of sale PR 03-74 CORPORATION QUITCLAIM DEED OF EASEMENT I FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Carlsbad Municipal Water District, a Public Agenc or anized under the Municipal Water or anized under the laws of the State of California does hereby REMISE, RELEASE, AND F~REVER quitclaim to: California: a waterline easement as describe dy in Exhibit “A consisting of 1 pa e, attached Act of 191 1, and a Subsidiary district of the City of 8% ark ad CPTlSC Title Holding Corporation, a California Corporation the following described real property in the Cit of Carlsbad, County of San Diego, State of hereto and made a part hereof. Exhibit “B” consisting of 2 page(s) is attached for c arity only. a ATTEST: /7 (SEAL) H4Developmenl Sewices\MASTERS\DEEDS. GRANT DEEDS, EASEMENTSCORP QIUTCLAIM OF EASEMENT CMWD (6-1-00).doc 6/1/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California / , before me, A5&l? (42 Name and Title of Gffiwr (e g Jane Doe, Notary PuMIc') 9 Name@) of Signer@) personally appeared personally known to me &proved to me on the basis of satisfactory evidence to be the ' authorized acknowledged to me that hekhdky executed the same in his- capacityo, and that by his/- signatureh on the instrument the person@, or the entity upon behalf of which the personh 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. Description of Attache Title or Type of Document: Document Date: 3- 8,o $ Number of Pages: Signer(s) Other Than Named Above: 13oaJ .- Individual 17 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator '$&Corporate Officer - Title(s): A, - DGMT Other: Signer Is Representing !&.&.-&& 0 1997 National Notary Assmiallon * 9350 De Solo Ave PO Box 2402 Chatsworth CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876 EXHIBIT “A” QUITCLAIM WATERLINE EASEMENT ALL OF EXISTING WATERLINE EASEMENT BEING A STRIP OF LAND 20.00 FEET IN WIDTH AND 10.00 FEET IN WIDTH IN THE CITY OF CAFUSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT, A PuBLrc AGENCY AS DOCUMENT NUMBER 1995-0122198, RECORDED MARCH 24,1995, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND ALL OF EXISTING WATERLINE EASEMENT BEING A STRIP OF LAND 15.00 FEET IN WIDTH, IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, GRANTED TO THE CARLSBAD MUNICIPAL WATER RECORDED APRIL 25,1994, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. DISTRICT, A PUBLIC AGENCY AS DOCuMFlvT NUMBER 1994-0272434, 0.1JJ DOUGLAS R LCHIOR P.L.S. LICENSE NO. PLb 461 1 EXPIRES 9-30-06 RECEIVED SEP 2 2 2003 ENGINEERING DEPARTMENT PARI'EI.S A,B,C 01- CIlY OF CARi.2?AC' BOUNDARY ADJU5L!ENT 02-(35 RECORD€@ 10- 18-2002 AS 206'2 - 09 13260, 2002-09 1326 I, 20132- 09 13,362 OUITCUIMB'D CITY OF CARLSBAD TATBR- LINE EASEMENT APPLICANT CPT~ m HOLDING CORP. 232 ROSECRANS AM., SUITE 3230 a SEUJNOO, CA. 90245 LS-WI EP. 9130-06 REG NO. DATE an maNm 1 N 67'31'12'E 86.00 8 N 67'31'12" E 313.92' 3 0=02.08'48" R=643.# 1324.09' 4 N 2229'26' W 6A9S M 6#ARINc 5 N 2675'29" W 68.05' 6 N 25*12?4" W 300.01' ! N 2628'03" W 738.65' 8 N 26'48'03" W 161.34' 9 N 33'4836" W 151.34' 8 1 N 41'33'09" W 36-16' N 4133'09" W 171.28' N 45143'28" W 103.07' N 4476'32" E 66-00' N 87'50'23" W 691.82' D= 11 20'36 * R=557.00' I = 110.27' 0=2136'1#" R=557.M' L=210-01' 0=22 24 '03 " R= 55 7.00' I =2 1 7.77' N 7750'16" W 100.00' N 22'29'37" W 105.95' 0=5 124 '55 R=357.00' L = 499.83' SH Lw'T-EDJH ET 1 OF 2 EETS 21 1-021 -30 211 -021 -31 A.P.N. 211-On-32 DATE 09-03-2003 B CRAPHIC SCALE 200 200 400 800 SCALE I" = 200 FEET April 16,2004 CPT/SC Title Holding Company 2321 Rosecrans Avenue, Suite 3230 El Segundo, Ca 90245 QUITCLAIM OF WATERLINE EASEMENTS ADJACENT TO PASEO DEL NORTE The Carlsbad Municipal Water District, at its meeting of April 6,2004, approved the quitclaim of waterline easements over property adjacent to Paseo del Norte, just north of Palomar Airport Road, APN: 21 1-021-30-32 (PR 03-74). The original, fully executed original quitclaim deed of easement is enclosed so that you can have it recorded with the Office of the San Diego County Recorder. Assistant City Clerk u Enc. (1) 1200 Carlsbad Village Drive * Carlsbad, CA 92008-1 989 - (760) 434-2808 @