HomeMy WebLinkAbout2013-01-29; Municipal Water District; 763; Quitclaim Palomar Commons SDP 09-05 PR 12-0812
CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
AB# 763
l^^^- 1/29/13
DEPT. CED
QUITCLAIM A PORTION OF A WATERLINE
EASEMENT SOUTH OF PALOMAR AIRPORT
ROAD WITHIN THE PALOMAR COMMONS
PROJECT, SDP 09-05, PALOMAR COMMONS.
PR 12-08
DEPT DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
ADOPT Resolution No. : 1462 quitclaiming a portion of a waterline easement lying within
Lot G of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the office of the County
Recorder of San Diego County on November 16, 1896, and generally located on the south side of
Palomar Airport Road, west of El Camino Real, within the Palomar Commons project.
ITEM EXPLANATION:
On March 3, 2001 a grant deed of water line easement was recorded for waterline purposes across
portions of property owned by the County of San Diego for the installation of waterline facilities to
serve the North County Animal Shelter. Subsequent to the installafion and operafion of CMWD
waterline facilifies within said easement, the city approved SDP 09-05, Palomar Commons, for the
development of property adjacent to and easterly of the animal shelter. A portion of the facilities
installed within said easement have been relocated as a condifion of approval of SDP 09-05. The
relocated facilities have been installed in an easement granted to the city by the county and have
been accepted for service by the Carlsbad Municipal Water District. Staff has confirmed the waterline
facilities in the portion of said easement to be quitclaimed are not in use by CMWD, said facilities
have been removed and the portion of said easement to be quitclaimed is not needed now or in the
future by CMWD.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within
the meaning of CEQA in that it has no potential to cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and therefore
does not require environmental review.
FISCAL IMPACT:
The item has no fiscal impact to CMWD. The waterline easement was granted to CMWD for no fee cost
acquisition and CMWD will quitclaim a portion of the easement for no fee cost return to the property
owner. Removal of the abandoned facilities is the responsibility of the property owner. The owner has
paid the standard fee for processing this quitclaim.
EXHIBITS:
1.
2.
3.
1462 Resolution No..
Location Map
Quitclaim Deed (PR 12-08)
DEPARTMENT CONTACT: Steve Bobbett, 760-602-2747, steve.bobbett@carlsbadca.gov
FOR CITY CLERKS USE ONL Y
BOARD ACTION: APPROVED X,
DENIED •
CONTINUED •
WITHDRAWN •
AMENDED •
CONTINUED TO DATE SPECIFIC •
CONTINUED TO DATE UNKNOWN •
RETURNED TO STAFF •
OTHER-SEE MINUTES •
EXHIBIT 1
RESOLUTION NO. .1462
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A RESOLUTION OF THE BOARD OF DIRECTORS OF
3 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD),
QUITCLAIMING A PORTION OF A WATERLINE EASEMENT
4 LYING WITHIN LOT G OF RANCHO AGUA HEDIONDA,
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE
5 OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON NOVEMBER 16, 1896, AND GENERALLY
6 LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT
ROAD, WEST OF EL CAMINO REAL, WITHIN THE PALOMAR
7 COMMONS PROJECT.
CASE NO.: SDP 09-05, PR 12-08
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WHEREAS, it is in the interest of the Carlsbad Municipal Water District to quitclaim a
portion of waterline easement acquired per grant of easement to Carlsbad Municipal Water
District, recorded March 3, 2004 in the Office of the County Recorder of San Diego County as
Doc. 2004-0174134 in the office ofthe County Recorder of San Diego County; and
WHEREAS, a portion of said waterline easement is not required for the purpose for which
it was granted and is not now nor is contemplated to be needed in the future for waterline
purposes and appurtenant facilifies.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board
of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Carlsbad Municipal Water District approves the quitclaim of a portion of
the waterline easement lying within Lot G of Map No. 823, filed in the office of the
County Recorder of San Diego County on November 16, 1896.
3. That the quitclaim deed (PR 12-08), which is on file with the Secretary and is
incorporated by this reference, is approved.
4. That the President is authorized to execute the quitclaim deed and the Secretary is
hereby authorized to record said document.
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of
Directors of the Carisbad Municipal Water District of the City of Carisbad on the 29^^ day
of January 2013, by the following vote to wit:
AYES: Board Members Hall, Packard, Wood, Blackburn, Douglas.
NOES: None.
ABSENT: None.
MA
ATTEST:
CO o
EXHIBIT 2
LOCATION MAP
NOT TO SCALE
cm OF OCEANSIOE
HICHWAY .
SITE
I VICINITY
MAP
NOT TO SCAU:
PROJECT NAME PALOMAR COMMONS
PROJECT
NUMBER
PR m
EXHIBIT
RECORDING REQUESTED BY:
Carlsbad Municipal Water District
AND WHEN RECORDED,
PLEASE MAIL TO:
District Secretary
Carlsbad Municipal Water District
1200 Carisbad Village Drive
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
Please record the document at no fee
as it is to the benefit of the District
(Gov. Code [6103]
QUITCLAIM DEED
The undersigned grantor(s) declare(s):
Documentary transfer tax is $ 0 (easement)
( ) 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
Assessor's Parcel No(s).: 213-020-18
Project ID: SDP 09-05
Related Project ID(s):_
Project Name:
PR 12-08
Palomar Commons
Carisbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911,
and a subsidiary district of the City of Carisbad ("Grantor"), for a valuable conslderafion, the receipt
and adequacy of which are hereby acl<nowledged, does hereby remise, release, and quitclaim to the
County of San Diego, a political subdivision of the State of California, ("Grantee") all right, title, and
interest in the property described in Exhibit A attached hereto and made a part of hereof. Exhibit B is
attached for clarity only.
Executed on
2013, at Carlsbi Isbiid, Califgi nia
GRANTOR: Carlsbad Municipal Water District, a public
agency organized under the Municipal Water Act of 1911,
and a subsidiary district of the City of Carlsbad
MATT HALL, President
ATTEST
EXHIBIT «A"
WATER LINE EASEMENT QUITCLAIM
LEGAL DESCRIPTION
PR 12-08
PAGE 1 OF 1
THE LAND DESCRIBED HEREIN IS A PORTION OF PALOMAR AIRPORT IN LOT "G"
OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 823, FILED IN
THE OFFICE OF THE SAN DIEGO COUNTY RECORDER NOVMEBER 16,1896, LYING
SOUTH OF PALOMAR AIRPORT ROAD, AS SHOWN ON RECORD OF SURVEY NO.
9939, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER FEBRUARY 27,
1985, DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE EASEMENT FOR PUBLIC WATERLINE PURPOSES
GRANTED PER DOCUMENT RECORDED MARCH 3,2004 AS DOCUMENT NO. 2004-
0174134, OF OFFICL\L RECORDS, CONTAINED WITHIN COUNTY PARCEL NUMBER
2010-0045-A AS DESCRIBED IN DOCUMENT RECORDED OCTOBER 22,2010 AS
DOCUMENT NO. 2010-0568211, OF OFFICL\L RECORDS.
DATED THIS DAY OF yO^^'J 2012.
DONALD ROY CURRY, i^. 7846
EXP. 12/31/12
EXHIBIT "B"
WATER EASEMENT QUrTCLAIM
PLAT PAGE 1 OF 1
LEGAL DESCRIPTION
A PORTION OF LOT G OF RANCHO
AGUA HEDIONDA IN THE CITY OF
CARLSBAD, COUNTY OF SAN
DIEGO. CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 823,
FILED IN THE OFFICE OF THE
SAN DIEGO COUNTY RECORDER
NOVEMBER 16, 1896.
BASIS OF BEARINGS
THE TARINGS USED HEREIN ARE
BASED ON THE CCS 83 (NAD 83)
GRID BEARING (EPOCH 1999.92)
BETWEEN STATIONS SDGPS 41 AND
CLSB-097. AS SAID STATIONS
ARE LISTED IN RECORD OF
SURVEY NO. 17271
GRAPHIC SCALE QUITCLAIM PLAT PR 12-08
OWNER
COUNH OF SAN DIEGO
PREPARED BY
5555 OVERLAND AVE.
CMWD APN 760-221-96
BUILDING 2, ROOM 110
SAN DIEGO, CA 92123
^
DONALD ROY CURRY. L.S. 7546
LICENSE EXP. 12'31-12
DATE
FUSCOE ENGINEERING INC,
6390 GREENWICH DR. NO.170
SAN DIEGO, CA 92122
(858) 554-1500
n
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of .S^jn T^iejO }
On-^nm^^^^^U^ before me, .y^lf,'^^ ^ ^JI^^^S^l^L^j'^J b I • 'o.-
personally appeared
Name(s) of Signerfs)
Ml
(jiStl
SHEILA RENAE COBIAN
Commission # 1848471
Notary Public - California
San Diego County
My Comm. Expires May 10,2013
who proved to me on the basis of satisfactory evidence to
be the person^whose name^a®are-subscribed to the
thin instrument and acknowledged to me that
^sj^he^ttiey executed the same inC@heB^r authorized
capacfty(ie^, and that byC6S»or/tholr SK;nature(^ on the
instrument the persow^ or the entity upon behalf of
which the person(&)^acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Place Notary Seal ABove Signature.
OPTIONAL -
of IMotaiy
Though the intormation betow 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 fa another document
Description of Attached Document
Title or Type of Documerrt:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Slgner(s)
Signer's Name:
• Individual
Corporate Officer — Tit[e(s):
Partner— L_" Limited L General
L Attorney in Fact
L_ Trustee
• Guardian or Conservator
r Other:
Signer Is Representing:
RtGHTTHUWBPRINT
OF SJGNER
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Signer's Name:
~ Individual
I Corporate Officer —Title(s):
_ Partner — ]_ Limited _ General
Z Attorney in Fact
I Trustee
~ Guardian or Conservator
1 Other:
Signer Is Representing:
RIGHTTHUMBPRINT OF SIGNER
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01/03/2011