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Home My WebLink About2015-05-19; Municipal Water District; 805; Quitclaim Water Line Easement Paseo Del NorteCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL 15 DEPT. DIRECTOR CITY ATTORNEY iV CITY MANAGER AB# 805 MTG. 5/19/15 DEPT, CED ADOPT RESOLUTION QUITCLAIMING A WATER LINE EASEMENT LOCATED AT 5425 AND 5445 PASEO DEL NORTE PR 14-52 RECOMMENDED ACTION: Adopt Resolution No. 1523 quitclaiming a water line easennent located at 5425 and 5445 Paseo Del Norte, generally located on the west side of Paseo Del Norte between Palomar Airport Road and Cannon Road. ITEM EXPLANATION: On February 17, 2006, the property owner at the time, Carlsbad Autopark Properties, LLC, dedicated a public water easement to the Carlsbad Municipal Water District (CMWD) for planned on-site water facilities and fire hydrants. The public water facilities and easement were required to accommodate development of a city approved Pontiac/GMC dealership. However, neither the dealership nor the related water facilities were constructed. The water easement was inadvertently recorded with the San Diego County Recorder in anticipation of construction ofthe dealership and its related water facilities. Since then, title has been transferred to Hoehn Enterprise 2, LLC, a California Limited Liability Company, which has received approval to construct a Hoehn Motors Audi Dealership on the property. New onsite public water facilities and fire hydrants required to serve the dealership will be installed and aligned differently from the existing easement alignment. A new CMWD easement has been dedicated for these new water facilities. Therefore, the applicant is requesting to quitclaim the existing easement as it is no longer needed as no water facilities will be constructed within its alignment. FISCAL IMPACT: The easement was acquired by CMWD for a no fee cost acquisition and CMWD will quitclaim the easement for a no fee cost return to the property owner. The owner has paid the standard fee for processing this quitclaim. 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. PUBLIC NOTIFICATION: No public notification is required. EXHIBITS: 1. Resolution No. 1523 quitclaiming a water line easement located at 5425 and 5445 Paseo Del Norte, generally located on the west side of Paseo Del Norte between Palomar Airport Road and Cannon Road 2. Location Map 3. Quitclaim deed (PR 14-45) DEPARTMENT CONTACT: David Rick 760-602-2781 david.rickg)carlsbadca.gov FO/? C/rV CLERKS USE ONLY. BOARD ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • 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 EXHIBIT 1 RESOLUTION NO. 1523 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) QUITCLAIMING A WATER LINE EASEMENT LOCATED AT 5425 AND 5445 PASEO DEL NORTE, GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE BETWEEN PALOMAR AIRPORT ROAD AND CANNON ROAD. WHEREAS, Hoehn Enterprise 2 LLC, a California Limited Liability Company, has requested to quitclaim the water easement acquired per grant deed of easement to Carlsbad Municipal Water District (CMWD), recorded on February 16, 2006 in the Office of the County Recorder of San Diego County as file No. 2006-0118580 of Official Records (Waterline Easement); and WHEREAS, the property owner has paid the standard fee for processing this quitclaim; and WHEREAS, said waterline easement is not required for the purpose for which it was granted and is not now, nor is contemplated to be, needed for future waterline purposes and appurtenant facilities. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Water District (CMWD) ofthe City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the CMWD approves the quitclaim of the water easement, file No. 2006- 0118580, as described in Exhibit A ofthe quitclaim deed. 3. That the quitclaim deed (PR 14-52), which is on file with the Secretary and is incorporated herein 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. /// /// /// 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 PASSED, APPROVED AND ADOPTED at a Special Meeting ofthe Board of Directors ofthe Carlsbad Municipal Water District ofthe City of Carlsbad on the 19th day of May 2015, by the following vote to wit: AYES: Board Members Hall, Blackburn, Schumacher, Wood, Packard NOES: None. ABSENT: None. MATT HALL, President ATTEST: (SEAL) BARBARA ENGLESONy Secretary CO -jmiS Si LOCATION MAP PACIFIC OCEAN VICINITY NOT TO SCALE PROJECT NAME QUITCLAIM OF WATER EASEMENT HOEHN MOTORS AUDI DEALERSHIP PROJECT NUMBER PR14-52 EXHIBIT PLOTTED Sr: SCOTT TONS PLOT DATE:4/7/1S PATH:D:\IXVELOPUENT PR0JEC1S\PP\AUT0CAD\PR14-52.DWG RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED MAILTO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 -SPACE ABOVE THIS LINE FOR RECORDER'S USE • QUITCLAIM DEED OF EASEMENT 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).: 211-060-09 Project ID: SDP 14-06 Related Project ID(s): PR 14-52, PR 14-53. DWG 485-1. CDP 14-10 Project Name: HOEHN AUDI Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad ("Grantor"), for a valuable consideration, the receipt and adequacy of which are hereby acknowledged, does hereby remise, release, and quitclaim to Hoehn Enterprise 2 LLC, a California Limited Liability Company ("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 Hft/ ,D1 2015, at Carlsbad, California 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 By •MATT HALL, Piesidyiit DocER-11-06 02/16/2012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sin Qi On f^ay cTlf^Glfi before me, AjL.'hriQ.T/r^i'^ RfU^^^^ AjQ-h^ pli'hr.c Date Here Insert Name and Title of the Officer personally appeared Kuih R}cekbc>rn NameJjBf of Signerj^ who proved to me on the basis of satisfactory evidence to be the persor>(^ whose uamej^ is/afe- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/bor/thoif authorized capacity(ijeg), and that by his/ber/thoifsignaturej{^on the instrument the persoQ(8)-, or the entity upon behalf of which the persori^sf acted, executed the instrument. LETICIA TREVINO REYES I COMM. #1994847 I Notary Public • California g San Diego County ? My Comm. ExD»es Oct. 21.2016| 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. Signature"^C^^ K'^ Signature of Notary Public Place Notary Seal Above OPTIONAL this section is optional, completing this information can deter alteration of the document or^ fraudulent reattachment of this form to an unintended document. Docum Description ofAttached Document Title or Type of Dobbiment Number of Pages: ^~s. Signer(s) Other Than Named Abg Capacity(ies) Claimed by Signi Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Faj • Trustee • Guardian^efuonservator • Other: Signer Is Representi • Corporate Officer — Title(s): • Partner — • Limited • General • individual • Attorney in Fact mstee • Guardian or Conservator • Ofr Signer Is^ EXHIBIT "A" LEGAL DESCRIPTION FOR QUITCLAIM OF PUBLIC WATER EASEMENT PR 14-52 BEING THAT CERTAIN WATERLINE EASEMENT GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED FEBRUARY 17, 2006 AS DOCUMENT NO. 2006-0118580 IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AND BEING A PORTION OF LOT 3, CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 30,1972, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 3, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY OF PASEO DEL NORTE (86.00 FEET WIDE): THENCE S.00*>23'44"W. ALONG THE EASTERLY LINE OF SAID LOT 3, 96.45 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE 1) DEPARTING SAID EASTERLY LINE N.89°36'16"W., 55.00 FEET; 2) S.00°23'44"W., 5.00 FEET; 3) N.89*>36'16"W., 6.17 FEET; 4) S.00°23'44"W., 10.00 FEET; 5) S.89°36'16"E., 6.17 FEET; 6) S.00'>23'44"W., 260.48 FEET; 7) S.67053'44"W., 72.49 FEET; 8) N.22»06'16"W., 11.00 FEET; 9) S.67»53'44"W., 10.00 FEET; 10) S.22°06'16"E., 11.00 FEET; 11) S.67°53'44"W., 23.52 FEET: 12) S.22°06'16"E., 20.00 FEET; 13) N.67''53'44"E., 107.80 FEET; 14) S.89*>36'16"E., 45.69 FEET TO THE EASTERLY LINE OF SAID LOT 3; 15) N.00°23'44"E. ALONG SAID EASTERLY LINE, 20.00 FEET; 16) N.89»36'16"W, 35.00 FEET; 17) N.00°23'44"E., 253.27 FEET; 18) S.89°36'16"E, 35.00 FEET TO THE EASTERLY LINE OF SAID LOT 3; 19) N.00°23'44"E. ALONG SAID EASTERLY LINE, 20.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 9,493 SQ. FT. (0.22 ACRES) el RubiOL^' P.L.S. £(239 Daniel Rubio, Expires: 12/31/15 EXHIBIT "A" LEGAL DESCRIPTION FOR QUITCLAIM OF PUBLIC WATER EASEMENT PR 14-52 BEING THAT CERTAIN WATERLINE EASEMENT GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED FEBRUARY 17, 2006 AS DOCUMENT NO. 2006-0118580 IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AND BEING A PORTION OF LOT 3, CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 30,1972, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 3, SAID POINT ALSO BEING ON THE WESTERLY RIGHT-OF-WAY OF PASEO DEL NORTE (86.00 FEET WIDE): THENCE S.00»23'44"W. ALONG THE EASTERLY LINE OF SAID LOT 3, 96.45 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE 1) DEPARTING SAID EASTERLY LINE N.89°36'16"W., 55.00 FEET; 2) S.00''23'44"W., 5.00 FEET; 3) N.89°36'16"W., 6.17 FEET; 4) S.00°23'44"W., 10.00 FEET; 5) S.89°36'16"E., 6.17FEET; 6) S.00°23'44"W., 260.48 FEET; 7) S.67°53'44"W., 72.49 FEET; 8) N.22°06'16"W., 11.00 FEET; 9) S.67<'53'44"W., 10.00 FEET; 10) S.22°06'16"E., 11.00 FEET; 11) S.67°53'44"W., 23.52 FEET: 12) S.22°06'16"E., 20.00 FEET; 13) N.67°53'44"E., 107.80 FEET; 14) S.89«36'16"E., 45.69 FEET TO THE EASTERLY LINE OF SAID LOT 3; 15) N.00«'23'44"E. ALONG SAID EASTERLY LINE, 20.00 FEET; 16) N.89''36'16"W, 35.00 FEET; 17) N.00'>23'44"E., 253.27 FEET; 18) S.89«36'16"E, 35.00 FEET TO THE EASTERLY LINE OF SAID LOT 3; 19) N.00°23'44"E. ALONG SAID EASTERLY LINE, 20.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 9,493 SQ. FT. (0.22 ACRES) Daniel Rubio, Expires: 12/31/15 P.L.S. 8239 PROPERTY LEGAL DESCRIPTION LOT NO. 3, CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO THE MAP THEREOF NO. 7492. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 30, 1972. VICINITY MAP CITY OF OCEANSIDE HIGHWAY. NOT TO SCALE CITY OF VISTA BASIS OF BEARINGS 5425 PASEO DEL NORTE CARLSBAD, CA 92008 EXHIBIT "B" CITY OF SAN MARCOS PACIFIC OCEAN THE BEARING OF S.00-23'44"W. SHOWN FOR THE CENTERLINE OF PASEO DEL NORTE AS SHOWN ON CARLSBAD TRACT NO. 72-3 (RECORDED AS MAP NO. 7492) WAS USED AS THE BASIS OF BEARING FOR THIS EASEMENT PLAT CURRENTADDRESS DANIEL RUBIO, Fl.: EXP.: 12/31/15 8239 ' DATE QUITCLAIM PLAT - CARLSBAD MUNIQPAL WATER DISTRICT PREPARED BY: JONES, CAHL & ASSOCIATES CONSULTING ENGINEERS 18090 Beach Boulevard - Hxmtington Beach Cahfomia 92648 - (714) 848-0566 e-mail: jca@jonescahl.com A.P.N.: 211-060-09 PR 14-52 SHEET 1 OF 3 PROPERTY LEGAL DESCRIPTION LOT NO. 3. CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA rr^ ACCORDING TO THE MAP THEREOF NO. ^ ^ 7492. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 30. 1972 1)0 EXISTING W WIDE GENERAL EASEMENT EOR UTILITY, SIDEWALK & LANDSCAPING PER MAP NO. 7492 AND DOCUMENTS 75-074588 AND 75-250857 EXISTING ROAD RIGHT- 20' WIDE PUBLIC WATER EASEMENT PER DOCUMENT 2006-0118580 TO BE QUITCLAIMED'. SEE SHEET 5 FOR DETAILS THE BEARING OF S.00'23'44"W. SHOWN FOR THE CENTERLINE OF PASEO DEL NORTE AS SHOWN ON CARLSBAD TRACT NO 72-3 (RECORDED AS MAP NO. 7492) WAS USED AS THE BASIS OF BEARING FOR THIS EASEMENT PLAT CURRENTADDRESS 5425 PASEO DEL NORTE CARLSBAD, CA 92008 EXHIBIT "B" ANIEL RUBIO, P'.L.S. 8239 EXP.: 12/31/15 fDATE OUrrCLAIM PLAT - CARLSBAD MUNIQPAL WATER DISTRICT PREPARED BY: JONES, CAHL & ASSOCIATES CONSULTING ENGINEERS 18090 Beach Boulevard - Huntington Beach Califomia 92648 - (714) 848-0566 e-mail: jca@jonescahl.com A.P.M.: 211-060-09 PR 14-52 SHEET 2 OF 3 PROPERTY LEGAL DESCRIPTION LOT NO. 3, CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO THE MAP THEREOF NO. 7492 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 30, 1972 COURSE Uf^ DATA CXXnSE £E4/aM3 / N89-56'W"W 2 S007J'44"W J N89-56'16"W S00-2J'44"W S89-36'16"E S00'23'44"W S67-53'44"W N22-06'16"W S67-5344"W S22V6'16"E S67-53'44"W S22V6'16"E N67'53'44"E S89-36'16"E N007J'44"E N89'36'16"W N00-23'44"E S89-36'16"E N00-2344"E 5 6 7 8 9 10 n 12 13 14 15 16 17 18 19 BASIS OF BEARINGS THE BEARING OF S.00'23'44"W. SHOWN FOR THE CENTERLINE OF PASEO DEL NORTE AS SHOWN ON CARLSBAD TRACT NO. 72-3 (RECORDED AS MAP NO. 7492) WAS USED AS THE BASIS OF BEARING FOR THIS EASEMENT PLAT CURRENTADDRESS 5425 PASEO DEL NORTE CARLSBAD, CA 92008 EXHIBIT "B OUrrCLAIM - CARLSBAD MUNICIPAL WATER DISTRICT PREPARED BY: JONES, CAHL & ASSOCIATES CONSULTING ENGINEERS 18090 Beach Boulevard - Huntington Beach Califomia 92648 - (714) 848-0566 e-mail: jca@jonescahl.com A.P.N.: 211-060-09 PR 14-52 SHEET 3 OF 3 LOCATION MAP PACIFIC OCEAN VICINITY MAP NOT TO SCAl£ NOT TO SCALE PROJECT NAME QUITCLAIM OF WATER EASEMENT HOEHN MOTORS AUDI DEALERSHIP PROJECT NUMBER PR14-52 EXHIBIT PIOTTED BY: SCOTT EVANS PLOT DATZ:4/7/15 PATH:D:\DEVaOPUENT PmJECTS\PR\AUT0CAD\PR14-52.DWG