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Home My WebLink About2005-04-26; Municipal Water District; 585; Quitclaim Existing Waterline EasementI 9B# 585 - TITLE: APPROVE AND AUTHORIZE QUITCLAIM OF AN EXISTING WATERLINE EASEMENT MTG. 4/26/05 ACROSS LOT 4 OF CT 02-1 9 3EPT. ENG (PR 05-06) 0 W i3 2 a n .. z 0 F 0 P 0 a 2 m r DEPT. HDq A%!? CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 1238 CT 02-1 9 per Map No. 14892, PR 05-06. to quitclaim an existing waterline easement across Lot 4 of ITEM EXPLANATION: On November 5, 2003, the Planning Commission approved the subdivision CT 02-19, Bressi Ranch, located southwest of Greenhaven Drive, north of Poinsettia Lane, and west of El Fuerte. 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 Bressi Gardenlane, LLC, a Delaware limited liability corporation. They have submitted a request to quitclaim that portion of the waterline easement that traverses their property, Le., Lot 4 of CT 02-1 9. 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. EXHl BITS: 1. Location map for quitclaim of waterline easement. 2. Resolution No. 1238 to quitclaim an existing waterline easement across Lot 4 of CT 02-1 9 per Map No. 14892, PR 05-06. 3. Corporation quitclaim deed of easement PR 05-06. DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwickQci.carlsbad.ca.us I LO CAT1 0 N PROJECT NAME PROJECT NUMBER PRO5-06 QUITCLAIM OF EXlSTING WATERLINE EASEMENT ACROSS LOT 4 OF CTOZ-19 MAP EXHIBIT 1 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 &Wral?- 9 RESOLUTION NO. 1238 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO QUITCLAIM AN EXISTING WATERLINE EASEMENT ACROSS LOT 4 OF CT 02-19 PER MAP NO. 14892, PR 05-06. WHEREAS, a replacement waterline system has been constructed to serve the development of Bressi Ranch, CT 02-1 9; and WHEREAS, the original waterline system across Lot 4 of CT 02-19 per Map No. 14892 has been removed from service and the original waterline easement is no longer needed; and WHEREAS, Bressi Gardenlane, LLC, a Delaware limited liability corporation is the owner through which the original easement traverses; and WHEREAS, the owner has submitted a request for quitclaim of the waterline easement granted to Carlsbad Municipal Water District on October 23,1961 per File I Page No. 183352 of Official Records of the San Diego County Recorder. 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 Carlsbad Municipal Water District (CMWD) quitclaims the existing That the above recitations are true and correct. waterline easement across Lot 4 of CT 02-1 9 per Map No. 14892. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 3 1 2 3 3. That the President is authorized to execute the deed and the Secretary is hereby authorized to release the original quitclaim deed to Bressi Gardenlane, LLC, a Delaware limited liability corporation. 5 6 7 8 9 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 26th day of April , 2005 by the following vote, to wit: AYES: Board Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Board Member Lewis 10 11 ORRAINE M. WOOD, Secretary 14 kl CLAUDE A.VLE$VIS, Preiident w (SEAL) 17 18 19 20 21 22 23 24 25 26 27 28 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Bressi Gardenlane 1525 Faraday Ave Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: Bressi Gardenlane 1525 Faraday Ave Carlsbad, CA 92008 Space above this line for Recorder's Use. The undersigned grantor(s) declare(s): Assessor's Parcel No. 21 3-1 22-03-00 Documentary transfer tax is $ 00.0 ( ) 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 02-19, Bressi Ranch PA 11 ( ) computed on full value of property conveyed, or PR 05-06 CARLSBAD MUNICIPAL WATER DISTRICT FOR A VALUABLE CONSIDERATION, I receipt of which is hereby acknowledged. - ROBERT J. WOJCIK fl 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 Bressi Gardenlane, LLC, a Delaware limited liability company all right, title and interest in the property described in Exhibits "A" & "B", consisting of three (3) pages, which are attached hereto and made a part hereof. Executedon April 29 20 05 , at Carlsbad, California BY +a- or* CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad BY CLAUDE A. LEWIS, President MATT HALL, Vice President LORRAINE M. WOOD, Secretary (Notarial acknowledgement of execution of Grantor must be attached.) H:IDevelopment ServiceslMasterslDeeds-Grant Deeds-EasementslQuitclaim Deed - CMWD (Real Property) 611 100 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } SS. County of SAd 3rEcSn tewa,dMP cl.lnll0 Name and Title of Olficer (e g , “Jane Doe, Notary Public”) On 4-24-aOa , before me, $had Date I Name@) of Stgner(s) personally appeared rnA7-r +-\ALL &rsonally known to me Mthey executed the same orized capacity(@), and that signature@ on the instrument the person(w, or the entity upon behalf of which the personpQ acted, executed the instrument. Place Notary Seal Above Signature of Notary Public 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. h PA(\ Title or Type of Document: m4Foa01q ce-s \ PAM. Description of Attached a-9- OS Number of Pages: 4 c Document Date: Signer@) Other Than Named Above: m&& Capacity(ies) Claimed by Signer(s) 0 Individual 0 Corporate Officer - Title(s): Signer’s Name: l‘rA77- & LL 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: I Signer Is Representing: Q 2004 National Notary Association * 9350 De Soto Ave , PO Box 2402 Chatsworth, CA 91313-2402 Item No 5907 Reorder Call Toll-Free 1-800-676-6827 EXHIBIT 'A' LEGAL DESCRIPTION FOR QUITCLAIM OF WATER EASEMENT THAT PORTION OF A WATER EASEMENT GRANTED PER DOCUMENT RECORDED OCTOBER 23, 1961 AS FILE/PAGE NO. 183352 OF OFFICIAL RECORDS, CONTAINED WITHIN LOT 4 OF CARLSBAD TRACT CT 02-19, ACCORDING TO MAP THEREOF NO. 14892 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 8, 2004, IN THE CITY OF CARLSBAD, COUNTY SAN DIEGO, STATE OF CALIFORNIA. 3/Q/d 'DATE LS 5506 EXPIRATION DATE 9/30/06 C.T. N0.02-19 P.R. N0.05-06 PAGE 1 OF 1 T:\Mapping\2407\2407.20\PLATS\Legals\2407 WTR VAC PA 11 LOT 4.doc 3 LEGEND: LEGAL DESCRlP77ON: PORllON OF LOT 4, CARLSBAD TRACT CT 02-19 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO INDICA TES WA TER EASEMENT QUITCLAIM BRESS VAME GARDENLANE, LLC 1DDRESS 1525 FARADAY AM :ARLSBAD, CALIFORNIA 92008 AREA = 0.058 ACRES, MORE OR LESS PROJECT DESIGN CONSUL TAN TS 213- 122-03 CT 02-19 SAN DIEGO, CAUFORNIA 92101 PR 05-06 701 B SREET SUITE 800 MAP THEREOF NO. 14892. ENGINEER OF WORK PROJECT DESIGN CONSUL TANTS 701 B STREET SUITE 800 SAN DIEGO, CALIFORNIA 92101 INDICA TES WA TER EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT PER FILE NO. 183352 RECORDED 10-23-61 O.R. INDICA TES EXlSllNG WA TER EASEMENT INDICATES PORllON OF WATER EASEMENT TO BE QUITCLAIMED INDICA TES SUBDl WON UNIT BOUNDARY PHONE (619) 235-6471 3/23/0 s / dA TE REGISTRA TlON EXPIRES 9/30/2006 APPLICAN F NAME GARDENLANE, LLC ADDRESS 1525 FARADAY AM CARLSBAD, CALIFORNIA 92008 BRESSI - EXHIBIT 'B' wm2w2 QuITcYuM (ut WAER USE~VENT - am ck~ CARLSBAD PREPARED B K PROECT DEXN CONSUL TAN TS 701 B STREET SUITE 800 ~ SAN DIEGO, CALIFORNIA 92101 A.P.N. 21 3- 122-03 CT 02-19 PR 05-06 - IO:37am