HomeMy WebLinkAbout2007-10-16; Municipal Water District; 643; Quitclaim Water Easement Seacrest Estates Unit 11
CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
AB* 643
MTG. 10/16/07
DEPT. ENG
QUITCLAIM A PORTION OF A
WATER EASEMENT LYING WITHIN LOT 1 OF
SEACREST ESTATES UNIT NO. 1, PR 07-48
DEPT. HEAD ^CJ
CITYATTY. ^}/^
CITY MGR. /^
3
RECOMMENDED ACTION:
Adopt Resolution No.
Lot 1 of Seacrest Estates
Ridgecrest Drive.
ITEM EXPLANATION:
1307_ quitclaiming the 1 5-foot wide waterline easement lying within
Unit No. 1, located at the southwest corner of Seacrest Drive and
The rear 1 5 feet of the properties located along the west side of Seacrest Drive are encumbered by a
waterline easement dedicated to the Carlsbad Mutual Water Company on October 31, 1940. In 1958,
the City of Carlsbad acquired the Carlsbad Mutual Water Company and its assets became the
property of the City. On January 1, 1990 the Costa Real Municipal Water District became a
subsidiary district of the City of Carlsbad and was renamed the Carlsbad Municipal Water District
(CMWD). On June 28, 1991 the City and CMWD entered into an operational agreement in which all
of the City's water related assets were transferred to CMWD.
The owners of the property located at 3325 Seacrest Drive, Marilyn and Frederic Grote, are
requesting that CMWD quitclaim the portion of the waterline easement lying within their property. The
waterline easement in question is no longer in use and is not needed now or in the future by CMWD
as the waterlines in this area were relocated into the public streets.
ENVIRONMENTAL IMPACT:
The activity is exempt from California Environmental Quality Act (CEQA) review per CEQA 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 item has no fiscal impact to the Water District. The property owner has paid the standard fee for
processing this quitclaim.
EXHIBITS:
1.
2.
3.
Location Map.
Resolution No.1307 quitclaiming the 15-foot wide waterline easement lying
within Lot 1 of Seacrest Estates Unit No. 1, located at the southwest corner of Seacrest Drive
and Ridgecrest Drive.
Quitclaim Deed (PR 07-48).
DEPARTMENT CONTACT: David Mauser 760-602-2739, dhaus@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY
BOARD ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
Xn
n
nn
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
n
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n
LOCATION MAP
NOT TO SCALE
PROJECT NAME GROTE RESIDENCE
QUITCLAIM OF WATERLINE EASEMENT
PROJECT
NUMBER
PR07-48
EXHIBIT
1
DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 7/31/07 C: \DEVELOPUENT PROJECTS\PR\F>R07-48.DWG
1
RESOLUTION NO. 1307
2
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD
3 MUNICIPAL WATER DISTRICT QUITCLAIMING THE 15-FOOT WIDE
WATERLINE EASEMENT LYING WITHIN LOT 1 OF SEACREST
4 ESTATES UNIT NO. 1 LOCATED AT THE SOUTHWEST CORNER
OF SEACREST DRIVE AND RIDGECREST DRIVE. (PR 07-48).
5
WHEREAS, Frederic I. Grote and Marilyn J. Grote, trustees under declaration of trust
6
dated October 9, 1987, have submitted a request for a quitclaim of a portion of a water easement
7
acquired per a deed granted to the Carlsbad Mutual Water Company recorded October 31, 1940
8
filed in the Office of the County Recorder of San Diego County according to Official Records Book
9
1085, Page 325 ("Water Easement"); and,
10
WHEREAS, the Carlsbad Municipal Water District is the successor in interest to the Water
11
Easement; and,
12
WHEREAS, said easement is no longer required for the purpose for which it was granted
\ O
and is not now, nor is it contemplated to be, needed for waterline purposes and appurtenant14
facilities.15
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board16
of the City of Carlsbad, California, as follows:
17
1. That the above recitations are true and correct.
18
2. That the quitclaim deed conveying the portion of the Waterline Easement lying
19 within Lot 1 of Seacrest Estates Unit No. 1, which is on file with the City Clerk and is incorporated
on by this reference, is approved.
21 3. That the President is authorized to execute the quitclaim deed and the Secretary is
22 hereby authorized to release the original quitclaim deed to Frederic I. Grote and Marilyn J. Grote,
23 trustees under declaration of trust dated October 9, 1987.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of
Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 16th
day of October, 2007, by the following vote:
AYES: Board Members Lewis, Kulchin, Hall, Packard and Nygaard
NOES: None
ABSENT: None
ATTEST:
LORRAINE M. WOOD, Secretary'
(SEAL)
RECORDING REQUESTED BY
CITY OF CARLSBAD MUNICIPAL
WATER DISTRICT
AND WH EN RECORDED,
PLEASE MAIL TO:
District Secretary
Carlsbad Municipal Water District
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX STATEMENTS TO:
Space above this line for Recorder's Use.
The undersigned gran'tor(s) declare(s):
Documentary transfer tax is $ 00.0
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
encumbrances remaining at time of sale.
( ) Unincorporated area: (x) City of Carlsbad . and
FOR A VALUABLE CONSIDERATION,
receipt of which is hereby acknowledged.
Assessor's Parcel No. 167-054-01-00
Project No. & Name PR 07-48
Grate Residence
CARLSBAD WATER DISTRICT
DAVID A. MAUSER, DEPUTY DISTRICT ENGINEER
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 Frederic I. Grate and Marilyn J. Grate, trustees under declaration of trust dated
October 9, 1987, all right, title and interest in the property described in Exhibits "A", consisting of one (1) page, which is
attached hereto and made a part hereof.
Executed on October 18
20 07 at Carlsbad, California
CARLSBA]
a Public
Act of
Carls
By
T,
'unicipal Water
of the City of
APPROVED AS TO FORM:
RONALD R. BALL, GENERAL COUNSEL
By
(Notarial acknowledgement of execution of Grantor must be attached.)
ICIPAL WATER
izedxunder
ary
LORRAINE M. WOOD, Secretary
Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Quitclaim Deed - CMWD (Real Property)6/1/00 S
EXHIBIT "A"
LEGAL DESCRIPTION
All of that portion of the water easement granted to the Carlsbad Mutual Water
Company per the easement deed recorded October 31, 1940 filed in the Office of
the County Recorder of San Diego County according to Official Records Book
1085, Page 325 lying within Lot 1 of Seacrest Estates Unit No. 1, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof No.
3906, filed in the Office of the County Recorder of San Diego County on June 10,
1958.
PR 07-48
GROTE RESIDENCE
State of California
County of
On /#before me."7?e/)ae. (jobian u
personally appeared
personally known to me -OR- D proved to me on the basis of satisfactory evidence to be the person^
CwnmSon*
Notary PuMc - Coltomta
San Diego County
My Comra Expires Dec 3Ct 2006
(This area for official notary seal.)
whose name^d^afe- subscribed to the within instrument and
acknowledged to me that CHe)isho/thoy executed the same in
^ijs)foef/their authorized capacity(ies), and that byCHjD'her'/their
signature^ on the instrument the personfcs), or the entity upon
behalf of which the person^sfacted, executed the instrument.
WITNESS, my hand and official seal.
SIGNATURE OF NOTARY
Title or Type of Document.
Date of Document
Signer(s) other than named above
No. of Pages
CMWD
HVDevelopment Services/Masters/Deeds-Grant Deeds-Easements/Quitclaim Deed - City (Real Property)6/1/00