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Home My WebLink About2005-05-10; Municipal Water District; 588; Quitclaim of an Existing Waterline Easementn a w s 2 e .. z 0 F n a m 2 PL 0 4B# 5aa JITG. 5/10/05 IEPT. ENG - TITLE: APPROVE AND AUTHORIZE QUITCLAIM OF AN EXISTING WATERLINE EASEMENT ACROSS PORTION OF CT 02-14 UNITS 2, 3 & 4 DEPT. HD. v/38 (PR 05-09) ~ RECOMMENDED ACTION: Adopt Resolution No. 1241 CT 02-14 - Units 2,3, and 4, per Map No. 14778, Map No. 14774, and Map No. 14775, PR 05-09. to quitclaim an existing waterline easement across a portion of ITEM EXPLANATION: On October 28, 2003, the City Council approved the subdivision CT 02-14, Bressi Ranch, located south of Palomar Airport Road, and west of El Fuerte Street. 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 Greystone Homes, Inc., a Delaware corporation. They have submitted a request to quitclaim that portion of the waterline easement that traverses their property, i.e., a portion of CT 02-14 - Units 2, 3, and 4, per Map No. 14778, Map No. 14774, and Map No.14775. 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 waterline easement. 2. Resolution No. -1 241 tu quitclaim an existing waterline easement across a portion of CT 02-14 - Units 2, 3, and 4, per Map No. 14778, Map No. 14774, and Map No. 14775. 3. Corporation quitclaim deed of easement PR 05-09. DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@,ci.carlsbad.ca.us LOCATI 0 N PROJECT NAME PROJECT NUMBER QUITCLAIM OF EXISTING WATERLINE EASEMENT ACROSS A PORTION OF CTO2-14 - UNITS 2,3 & 4 ~~05-09 MAP EXHIBIT 7 NOT TO SCALE 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. 1241 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO QUITCLAIM AN EXISTING WATERLINE EASEMENT ACROSS A PORTION OF CT 02-14 - UNIT 2, 3 AND 4, PER MAP NO. 14778, MAP NO. 14774, AND MAP NO. 14775, PR05-09. WHEREAS, a replacement waterline system has been constructed to serve the development of Bressi Ranch, CT 02-14, Units 2, 3, and 4; and WHEREAS, the original waterline system across a portion of CT 02-14 - Unit 2, 3, and 4, per Map No. 14778, Map No. 14774, and Map No. 14775 has been removed from service and the wiginal waterline easement is no longer needed; and WHEREAS, Greystone Homes, Inc., a Delaware corporation are the owners through tvhich the original easement traverses; and WHEREAS, the owners have submitted a request for quitclaim of the water pipeline sasement 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 Nater District (CMWD) of the City of Carlsbad, California, as follows: 1. 2. That the Carlsbad Municipal Water District (CMWD) quitclaims the existing Naterline easement across a portion of CT 02-14 - Unit 2, 3,and 4, per Map No. 14778, Map No. 14774, and Map No. 14775. 71 I1 I// I1 71 I1 I1 That the above recitations are true and correct. 3 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 wthorized to release the original quitclaim deed to Greystone Homes, Inc., a Delaware :orporation. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Nater District held on the 10th day of May , 2005 by the following vote, to wit: AYES: Board Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Board Member Lewis MATT HALL, Vice-president 4TTEST: (SEAL) RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Greystone Homes 1525 Fatraday Ave. Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: Greystone Homes 1525 Fatraday Ave. Carlsbad, CA 92008 Space above this line for Recorder's Use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ 00.0 Assessor's Parcel No. 213-162-01 thru 35, 213-161-01 thru 15 213-160-01 thru 24. 213-140-01 thru 37 ,- 213-141-01 thru 64, 213-150-01 thru 42 213-151-01 thru 55 1 comDuted on full value of DroDertv conveved. or ..I ., i j 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 02-14, Bressi Ranch Unit 2, 3 and 4 PR 05-09 FOR A VALUABLE CONSIDERATION. CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. QUITCLAIM DEED 1CARLSBAD 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 Greystone Homes, Inc., a Delaware Corporation all rights, 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. Executed on May 11 20 05 , at Carlsbad, California APPROVED AS TO FORM: ROW 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 Carlsbad Vice-president (Notarial acknowledgement of execution of Grantor must be attached.) H:lDeveloprnent ServiceslMasterslDeeds-Grant Deeds-EasernentslQuitclairn Deed - CMWD (Real Property) #--- 3 611 IO0 (Notarial acknowledgement of execution of Grantor must be attached.) State of California 7 1 County of ;ea 0 1 On 5!\2!aq before me, .Sh.a',-m personally appeared lif&rsonally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS, my hand and official seal. I (This area for official notary seal.) SIGNATURE OF NOTARY , \ Title or Type of Document I ( &c\ a\ m e4 No. of Pages - Date of Document Signer(s) other than named above CMWD H:/Development ServiceslMasterslDeeds-Grant Deeds-Easernents/Quitclairn Deed - CMWD (Real Property) 6/1/00 LQ EXHIBIT ‘A‘ LEGAL DESCRIPTION FOR QUITCLAIM OF WATER EASEMENT THAT PORTION OF A WATER EASEMENT GRANTED PER DOCUMENT RECORDED OCTOBER 23, 31961 AS FILE/PAGE NO. 183352 OF OFFICIAL RECORDS, CONTAINED WITHIN CARLSBAD TRACT CT 02-14, UNIT NO. 3, MAP NO. 14774, CARLSBAD TRACT CT 02-14, UNIT NO. 4, MAP NO. 14775 AND CARLSBAD TRACT CT 02-14, UNIT NO. 2, MAP NO. 314778, ALL IN THE CITY OF CARLSBAD, COUNTY SAN DIEGO, STATE OF CALIFORNIA. LS 5506 EXPIRATION DATE 9/30/06 C.T. N0.02-14 P.R. N0.05-09 PAGE 1 OF 1 T:\Mapping\2407\2407.2O\PLATS\Legals\2407 WR VAC PA 7, 8. h 9.doc LEGAL DESCRP 77ON: CARLSBAD TRACT CT 02-14, UNlT 2 MA? NO. 14778, CARLSBAD TRACT CT 02-14, UNIT 3 MAP NO. 14774, AND CARLSBAD TRACT CT 02-14, UNIT 4 MA? NO. 14775, ALL IN THE ClTY OF CARLSBAD, COUNN OF SAN DIEGO, STATE OF CALIFORNlA. APPUCANE MAME GARDENLANE LLC ADDRESS 1525 FARADAY AE BRESSl CARL BAD, CALIFW?NIA 92008 ASSESSORS PARCEL NO: 213-140-01 THROUGH 37 213-141-01 THROUGH 64 213-150-01 THROUGH 42 213-151-01 THROUGH 55 213-160-01 THROUGH 24 213-161-01 THRGUGH 15 213-162-01 THROUaY 35 A. P. N. SEE A.P.N. UST ABOK PROZCT DESIGN CONSUL TANK CT 02-14 701 B SlREET SUITE 800 SAN DIEGO, CALIFORNIA 92101 PR 05-09 LEGEND: lNDlCA TES WA TER EASEMENT QUI TCLAIM AREA = 0.850 ACRES, MORE OR LESS INDICA ES WA TER EASEMENT GRAN ED TO CARLSBAD MUNlClPAL WATER DISTRICT PER NLE NO. 183352 RECORDED 10-23-61 O.R. @ INDlCA TES EXISTING WATER EASEMENT ----- ----- INDICATES PORTION OF WATER EASEMENT TO BE QUITCLAIMED ----- ---- I lNDlCA ES SUBDlWSlON UNIT BOUNDARY ENGINEER OF W?k NO. 55ub PROECT DESIGN CONSUL TANK 701 B STREET SUITE 800 SAN DI€GO, CALIFORNIA 92101 PHON'j' (619) 235-6471 ,. /) P n \ LA COSTA A MClNlN MAP N NO SCALE ROh6ILD ROW, L.S. 5506 DA TE REGlSTRA TlON EXPIRES 9/30/2006 EXHIBIT 'B' I QUI~M ck~ WAER EASEMENT - aw cy CARLSAD I SHEZTI cy2 I APPLICAN E PREPARED B BRESSl NAME GARDENLANC LLC ADDRESS 1525 FARADAY AM: PRMCT DEYGN CONSUL TAN Ts 701 B SREET SlJllE 800 SAN DIEGO, CALIFORNIA 92101 A. P. N. SEE A.P.N. LIST ON SHEET 1 CT 02-14 PR 05-09 10:41am 9 May 13,2005 Greystone Homes 1525 Faraday Avenue Carlsbad, CA 92008 RE: QUITCLAIM OF WATERLINE EASEMENT - CT 02-14 (PR 05-09) The Carlsbad Municipal Water District, at its meeting of May IO, 2005, adopted Resolution No. 1241 , approving the quitclaim of an existing waterline easement across a portion of CT 02-14 - Units 2,3, & 4, per Map No. 14778, Map No. 14774, and Map No. 14775, PR 05-09 to Greystone Homes, Inc., a Delaware corporation. The original fully executed Quitclaim is enclosed so that you can have it recorded with the San Diego County Recorder. Sincerely, Deputy City Clerk 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 * (760) 434-2808 @