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HomeMy WebLinkAbout2005-05-10; Municipal Water District; 589; Quitclaim of an Existing Waterline Easementn w > 0 a R 2 .. Z 0 F n PL 4 0 m 2 4B# 509 UTG. 511 0105 CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL I I - TITLE: APPROVE AND AUTHORIZE QUITCLAIM OF AN EXISTING WATERLINE EASEMENT ACROSS LOT 4 OF CT 00-06 I DEPT. Hb." I CITY ATTY. & (PR 04-85) DEPT. ENG RECOMMENDED ACTION: Adopt Resolution No. 1242 CT 00-06 per Map No. 14600, PR 04-85. to quitclaim an existing waterline easement across Lot 4 of ITEM EXPLANATION: On June 5, 2002, the Planning Commission approved the subdivision CT 00-06 Bressi Ranch located South of Palomar Airport Road along both sides of El Fuerte, north of Poinsettia Lane and east of El Camino Real. 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 owner of the land through which the old easement traverses is Bressi Ranch Development LLC, a Delaware limited liability company. They have submitted a request to quitclaim that portion of the waterline easement that traverses their property, Le., Lot 4 of CT 00-06. 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. 1242 to quitclaim an existing waterline easement across Lot 4 of CT 00-06 per Map No. 14600, PR 04-85. 3. Corporation quitclaim deed of easement PR 04-85. DEPARTMENT CONTACT: Clyde Wickham, (760) 602-2742, cwick@ci.carlsbad.ca.us LO CAT1 0 N MAP A. tior TO SCALE IPROJECT NAME QUITCLAIM OF WATERLINE EASEMENT LOT 4 OF CT 00-06 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 RESOLUTION NO. 1242 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) TO QUITCLAIM AN EXISTING WATERLINE EASEMENT ACROSS LOT 4 OF CT 00-06 PER MAP NO. 14600, PR 04-85. WHEREAS, a replacement waterline system has been constructed to serve the development of Bressi Ranch, CT 00-06; and WHEREAS, the original waterline system across Lot 4 of CT 00-06 per Map No. 14600 has been removed from service and the original waterline easement is no longer needed; and WHEREAS, Bressi Ranch Development LLC, a Delaware limited liability company 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 00-06 per Map No 14600. Ill Ill Ill Ill 111 111 111 111 111 VI 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 authorized to release the original quitclaim deed to Bressi Ranch Development LLC, a Delaware imited liability company. 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) 4 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Bressi Ranch Development 1525 Faraday Ave Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: Bressi Ranch Development 1525 Faraday 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. 21 3-120-04-00 Project No. & Name CT 00-06, Bressi Ranch ( ) computed on full value of property conveyed, or PR 04-85 ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and CARLSBAD MUNICIPAL WATER DISTRICT FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged 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 Ranch Development 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 May 11 I 20 05 , at Carlsbad, California CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad 1 .I fir MATT WLL, Vice-president URRAI NE , OOD, Secretary APPROVED AS TO FORM: D R. BALL, GENERAL COUNSEL //. or. (Notarial acknowledgement of execution of Grantor must be attached.) H:/Development ServiceslMasterslDeeds-Grant Deeds-EasementslQuitclaim Deed - CMWD (Real Property) State of California 1 County of LQ 1 personally appeared W& Ma On 14~~6 before me, %h~ 0 a- u n &rsonally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person@ whose name- subscribed to the within instrument and a nowledged to me that(@&d/tbe$ executed the ame in & i authorized capacityCles2;' and that by&W signaturem on the instrument the personw, or the entity upon behalf of which the person@ acted, executed the instrument. WITNESS, my hand and official seal. (This area for official notary seal.) SIGNATURE OF NOTARY Title or Type of Document fl ,-if C\a;m TW ed ~o.ofpages 1 Date of Document Signer(s) other than named above ,5 - 1 \ - 0-7 - CMWD H:/Development ServiceslMasterslDeeds-Grant Deeds-Easements/Quitclairn Deed - CMWD (Real Property) 611 100 In EXHIBIT ‘A’ LEGAL DESCRIPTION FOR QUITCLAIM OF WATER EASEMENT THAT PORTION OF A WATER EASEMENT GRANTED PER DOCUMENT RECORDED OCTOBER 23 , :L961 AS FILE/PAGE NO. 183352 OF OFFICIAL RECORDS, CONTAINED WITHIN LOT 4 OF CARLSBAD TRACT CT 00-06, ACCORDING TO MAP THEREOF NO. 14600 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 29, 2003, IN THE CITY OF CARLSBAD, COUNTY SAN DIEGO, STATE OF CALIFORNIA. /2- 22-84 DATE PETER C. GOLDING LS 4768 EXPIRATION DATE 12/31/06 C.T. NO.00-06 P.R NO. 04-85 T: \&fapping\2407\2407 .20\PLATS\Legals\2407 VAC PA 4.docPAGE 1 OF 1 7 LEGEND: A PPUCAN E NAME GARDENME UC 4DDRESS 1525 FARADAY AM: GIRLSAD, CAUFMNIA 92008 BRE- - LEGAL OESCR/PnoN.. PRWClDEYGN CayvSuL TAN7S 701 B SlREET SUITE 800 SAN DIEGO, CAUFORNIA 92101 INDICATES WATER EASEMENT QUITCLAIM AREA = 0.346 ACRES, MORE OR LESS LOT 4, CARLSBAD TRACT CT 00-06 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE of CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14600. @ INDICATES WATEiR EASEMZNT GRANED TO CARLSBAD MUNICIPAL WATER DISRICT PER nLE NO. 183352 RECORDED 10-23-61 0. R. A MCININ MAP ENGINEm OF WRk PROJEClDESlW CONSUL TAN TS 701 B STREET SUITE 800 SAN DIEGO, CAUFCRNIA 92101 PHONE (619) 235-6471 PETER C. GWING, L.S. 4768 0 DATE REGISTRATION EXPIRES 3/31/2006 -N- NO SCALE EXHIBIT 'B' sHEiFT1 w2 A. P. N. 213-120-04 CT 00-06 PR 04-85 q I GRAPHIC SCALE ? 4PPUCANF BRESSl NAME GARDENLANZ, UC 4DURES 1525 FARADAY AE CARLSAD, CALIFW?NIA 92008 (m=) 1 inch = 300 ft. A. P. N. 213- 122-04 PREPARED BF PRMC lDESYGN CONSUL TAN TS 701 B STREET SUITE 800 CT ~ 00-06 SAN DIEGO' CAUF5WNIA 92101 PR 04-85 6 \Mapphg\2407\2407.20\PLATS\2407 WTR VAC PA 4.dwg Dec 22, 2004 - ll:33am 3 May 13,2005 Bressi Ranch Development 1525 Faraday Avenue Carlsbad, CA 92008 RE: QUITCLAIM OF WATERLINE EASEMENT - CT 00-06 (PR 04-85) The Carlsbad Municipal Water District, at its meeting of May IO, 2005, adopted Resolution No. 1242, approving the quitclaim of an existing waterline easement across Lot 4 of CT 00-06 per Map No. 14600, PR 04-85 to Bressi Ranch Development LLC, Delaware limited liability company. The original fully executed Quitclaim is enclosed so that you can have it recorded with the San Diego County Recorder. Sincerely, I .- .b LL.0 :$&*q..&-\-L Sheila R. Cobian Deputy City Clerk 1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1989 0 (760) 434-2808 @