HomeMy WebLinkAbout2000-01-04; Municipal Water District; 462; Quitclaim of Existing CMWD Easement. -
‘.
3 g E 2
. .
p
2 n
%
B
CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA I I
iB# 442 ITITLE: QUITCLAIM OF EXISTING
dTG. &h
CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT
LOCATED ON PROPERTY AT THE SOUTHWEST CORNER OF
POINSETTIA LANE AND BLACK RAIL ROAD IEPT. CMWD APN 215-070-33, PR 99-77
RECOMMENDED ACTION:
DEPT. “D.’ &f+
CITYATTY. $‘-
CITY MG
Adopt Resolution No. / 0 7/ approving a quitclaim for an easement originally dedicated to
the Carlsbad Municipal Water District across a portion of the Gallagher/Cameron property at the southwest corner of Poinsettia Lane and Black Rail Road.
ITEM EXPLANATION:
This is a request to quitclaim the District’s interest in a waterline easement across the southerly
portion of the Gallagher/Cameron property located at the southwest corner of the intersection
of Poinsettia Lane and Black Rail Road. The easement was originally dedicated to the
Carlsbad Water District in 1958 for the purpose of installing water distribution lines serving the ‘D’ reservoir. This quitclaim is being done as a condition of the court settlement between the Gallagher
Family Trust and Laird Cameron and Catherine Ann Cameron regarding the acquisition of right-of-
way for the Poinsettia Lane extension. The easement is no longer necessary and will not be used in the future as all water facilities have been relocated within the new Poinsettia Lane right-of-way.
FISCAL IMPACT:
None.
EXHIBITS:
1. Location Map.
2. Quitclaim Deed.
3. Resolution No. /DU approving a quitclaim for an easement originally dedicated to the Carlsbad Municipal Water District across a portion of the Gallagher/Cameron property at
the southwest corner of Poinsettia Lane and Black Rail Road.
PRoJECT NAME QUITCLAIM OF EASEMENT PROJECT EXHIBIT
FOR GALLAGHER/CAMERON PROPERTY ,&;iy7 1
h BY: SCOTT tVANS. CARLSBAD tNGI= 2
EXHIBIT 2
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carisbad Village Dr.
Carlsbad, CA. 92008
LINE FOR RECORDER’S USE
ATTEST:
WREN R. KUNDTZ, Assistant Secretary
MASTERYFORMS/CORP QUITCLAIM DEED OF EASEMENT
(SEAL)
Rev. S/l 997
State of California
County of
personally appeared v
’ * Name(s) of SC(s)-
Pf personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
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.
Place Notary Seal Above Signature )r Notary P&tic
OPTIONAL
Though the information below is not required by law, if may prove valuable to persons relying on the document
and could prevent fraudulenf removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer -Title(s):
0 Partner - 0 Limited •i General
q Attorney in Fact
q Trustee
0 Guardian or Conservator
q Other:
Signer Is Representing:
0 1997 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 91313-2402 Prod. No. 5907 F&order: Call Toll-Free 1-600-676-6827
EXHIBIT “A’
LEGAL DESCRIPTION
AN EASEMENT 30 FEET IN WIDTH, THE CENTERLINE OF SAID EASEMENT BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 22, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN; ACCORDING TO RECORD OF
SURVEY MAP NO. 584 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29, 1987; THENCE NORTH lO51’12” WEST 1056.06 FEET TO
THE TRUE POINT OF BEGINNING; THENCE NORTH 89O55’47” WEST 1286.55 FEET
TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY HAVING A RADIUS
OF 1,000 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 24O30’38” AN ARC DISTANCE OF 427.79 FEET; THENCE TANGENT TO SAID
CURVE SOUTH 65O33’35” WEST 1022.30 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,000 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°08’OO” AN ARC
DISTANCE OF 246.67 FEET; THENCE TANGENT TO SAID CURVE SOUTH 51O25’35” WEST
349.64 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY
HAVING A RADIUS OF 500 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 38O30’30” AN ARC DISTANCE OF 335.98 FEET; THENCE TANGENT
TO SAID CURVE SOUTH 89O56’05” WEST 3097.27 FEET.
INCLUDING ONLY THAT PORTION OF SAID EASEMENT LYING WITHIN THE NORTH HALF
OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN ACCORDING TO UNITED STATES GOVERNMENT SURVEY
APPROVED SEPTEMBER 17,1915.
4
-
-- --
-i
--
l I
I I Q 2 2 ‘WI p <I d 21 s
2I u -- -I -,I 3 -m 21 al 4
3 CENTERLINE 30' WATERLINE EASEMENT rsll
“I
x __--___--__-- ----- __-- I --- _ _ _ _ _ _ _ 658L56’ -N89L5~iY~--~::- - - _ -- - ~--.
L
~__---~__-__~_--_--__----------
-- ----_ 1 -- - --6Tg;4’;- - F87~1’42’;;~T - - - - - - - - _
I- w I I I
I
:.
J-- G T
-s SCALE 1” = 100’ s SOUTH t CORNER 'z
ASSESORS PARCEL NUMBER: LEGEND: SECT/ON 22
215-070-33 STREET 4 BASIS OF BEARINGS: _--- --
STREET CENTERLlNE - - - P.O.B.
THE SOUTH L/NE OF SECllON 22 PROPERTY L/NE - - - - I.E. S 87’51’00” E EASEMENT _---
EASEMENT CENlERLlNE------ LEGAL DESCRIPTION:
THE NORTH HALF OF THE NORTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF FRACT/ONAl SECTION 22, TOWNSHlP
72 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERlOlAN ACCORDING TO UNITED STATES
GOVERNMENT SURVEY APPROVED SEPTEMBER 17. 7915.
PROJECT NAME QUITCLAIM OF EASEMENT PROJECT NUMBER FOR GALLAGHER/CAMERON PROPERTY PR99-77
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 II
28
RESOLUTION NO. I 071
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD)
APPROVING A QUITCLAIM FOR AN EASEMENT, ORIGINALLY DEDICATED TO THE CARLSBAD MUNICIPAL WATER DISTRICT OVER THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF POINSE-ITIA LANE AND BLACK RAIL ROAD.
WHEREAS, the Gallagher Family Trust and Laird Cameron and Catherine Ann Cameron
have requested the quitclaim of a water easement which was originally dedicated to the Carlsbad
Municipal Water District over a portion of their property located at the southwest corner of the
intersection of Poinsettia Lane and Black Rail Road; and
WHEREAS, the water line facilities previously constructed within said easement have
been relocated into the new Poinsettia Lane right-of-way; and
WHEREAS, said easement is no longer needed for the purpose for which it was granted
and is not now nor is it contemplated to be needed for the purpose of future waterline installation;
and
WHEREAS the Board of Directors of the Carlsbad Municipal Water District has
determined it to be in the public interest to quitclaim said easements;
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. That the above recitations are true and correct.
2. That the quitclaim deed conveying water easements over a portion of
APN 215-070-33 to the Norman G. Gallagher and Debra L. Gallagher Family Trust, and
Laird Cameron and Catherine Anne Cameron, husband and wife as joint tenants, which is on file
with the City Clerk and incorporated by this reference, is approved.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal
Water District held on the 4th day of JANUARY , 2000 by the following vote, to wit:
AYES:Board Members Lewis, Hall, Finnila, Wygaard, Kulchin
NOES: None
ABSENT: None
ATTEST:
ALWA L. @&Zl(lKR@$, Secretary (SEAL)
KAREN R. KUNDTZ, As&tant Secretary