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Home My WebLink About2019-03-19; Municipal Water District; ; Quitclaim of a wastewater easement over a portion of Lot 102 of Map 12815 located at 1525 Faraday Avenue, VAC 2018-0002Meeting Date To: From: Staff Contact: Subject March 19, 2019 President and Board Scott Chadwick, Executive Manager Tim Carroll, Associate Engineer tim.carroll@carlsbadca.gov or 760-602-2737 CA Review .EK. Quitclaim of a wastewater easement over a portion of Lot 102 of Map 12815 located at 1525 Faraday Avenue, VAC 2018-0002. Recommended Action Adopt a Resolution approving a quitclaim of a wastewater easement over a portion of Lot 102 of Map No. 12815 located at 1525 Faraday Avenue, VAC 2018-0002. Executive Summary Emerald Lake Corporate Centre, LP, the property owner of Lot 102 of Map No. 12815, is requesting to quitclaim the wastewater easement traversing the property. The easement was dedicated to Carlsbad Municipal Water District (CMWD) on July 1, 1994 as Document No. 1994- 0419262. There are no active wastewater facilities within said easement. With no current use or anticipated future use of said easement for wastewater purposes, staff recommends approving a quitclaim of the wastewater easement over a portion of Lot 102 of Map No. 12815, VAC 2018-0002. On January 1, 1990, the CMWD became a subsidiary district of the City of Carlsbad through an agreement between both agencies approved by the City Council and CMWD on April 25, 1989. The Carlsbad City Council, acting as CMWD's board of directors, governs CMWD. CMWD ordinances do not provide authority to staff to proceed with approval of the quitclaim of the noted wastewater easement. This action by the CMWD's board of directors, will approve the quitclaim over a portion of Lot 102 of Map No. 12815 and remove the easement originally dedicated to CMWD by the property owner in 1994. Discussion On July 1, 1994, an easement was dedicated to CMWD as Document No. 1994-0419262 for wastewater purposes over a portion of Lot 102 of Carlsbad Tract No. 85-24, Unit 5, Map No. 12815 of official records. There are no active wastewater facilities within the pipeline easement, therefore staff recommends approving a quitclaim of the wastewater easement over Lot 102 of Map No. 12815, VAC 2018-0002. On January 1, 1990, the CMWD became a subsidiary district of the City of Carlsbad through an agreement between both agencies, being approved by the City Council as Resolution No. 89- 126 and by CMWD as Resolution No. 614, both on April 25, 1989. The Carlsbad City Council March 19, 2019 Item #2 Page 1 of 8 accepted the responsibility as CMWD's board of directors as Resolution 89-433 on December 12, 1989. Fiscal Analysis There are no fiscal impacts with quitclaiming this easement. All fees necessary to process this quitclaim have been paid by the developer. Next Steps The Secretary will record the attached quitclaim deed, legal description and plat in the Office of the County Recorder of San Diego County. Environmental Evaluation (CEQA) The proposed vacation does not qualify as a 'project' under the California Environmental Quality Act {CEQA) per Public Resources Code Section 21065 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 for a quitclaim. Exhibits 1. CMWD Resolution 2. Location Map March 19, 2019 Item #2 Page 2 of 8 RESOLUTION NO. 1615 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD (CMWD), APPROVING A QUITCLAIM OF A WASTEWATER EASEMENT OVER A PORTION OF LOT 102 OF MAP NO. 12815, LOCATED AT 1525 FARADAY AVENUE Exhibit 1 WHEREAS, the Carlsbad Municipal Water District Board, subsidiary of the City of Carlsbad, California has determined that Emerald Lake Corporate Centre, LP, owner of Lot 102 of Carlsbad Tract No. 85-24, Unit 5, Map No. 12815 filed in the Office of the County Recorder of the County of San Diego on May 16, 1991, have filed an application to quitclaim a waterline easement over said property; and WHEREAS, On July 1, 1994, an easement was dedicated to Carlsbad Municipal Water District for wastewater purposes as Document No. 1994-0419262 of official records; and WHEREAS, said waterline easement is not required for the purpose for which it was granted and is not now, nor is it contemplated to be, needed for future pipeline purposes; and 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 CMWD approves the quitclaim of that wastewater easement recorded on July 1, 1994 as Document No. 1994-0419262 over a portion of Lot 102 of Map No. 12815 located at 1525 Faraday Avenue, as described in Attachment A. 3. That the quitclaim deed (Attachment A), on file with the Secretary and incorporated herein by reference, is approved. 4. That the President is authorized to execute the quitclaim deed attached hereto as Attachment A and the Secretary is hereby authorized to record both documents. PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District of the City of Carlsbad on the 19th day of March 2019, by the following vote, to wit: AYES: NOES: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. None. None. March 19, 2019 Item #2 Page 3 of 8 .. RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2019-0147290 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Apr 23, 2019 11 :51 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $23.00 (S82 Atkins $0.00) PCOR N/A PAGES 4 -------------~------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).: 212-130-27 Project ID: VAC 2018-0002 Related Project ID(s): ________ _ Project Name: 1525 Faraday Ave Wastewater_ Quitclaim ____________ _ 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 Emerald Lake Corporate Centre, LP, a California limited partnership ("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 ?(lw.Lh d, 0, 2019, 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 ATTEST: Doc ER-11-06 02/16/2012 March 19, 2019 Item #2 Page 4 of 8 ACKNOWLEDGMENT 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 San Diego On rYJcA.UldD, ,9,o/9 before me Tamara R. McMinn, Notary Public , _________________ _ (insert name and title of the officer) personallyappeared ma. ±t Hu JI ___________ · - who 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. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~~~ -------------------- March 19, 2019 Item #2 Page 5 of 8 V AC 2018-0002 EXHIBIT "A" January 8, 20 l9 PAGE 1 OF 1 LEGAL DESCRIPTION WASTEWATER EASEMENT VACATION A 28 FOOT WIDE WASTEWATER EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT AS DOC. NO. 1994-0419262 RECORDED JULY 1, 1994 BEING WITHIN LOT 102 OF CARLSBAD TRACT NO. 85-24, UNIT 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12815, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 16, 1991 AS FILE NO. 91-234162 OF OFFICIAL RECORDS. AREA = 0.039 ACRES March 19, 2019 Item #2 Page 6 of 8 SCALE· !"=200' La.I ::, 101 ~I < EXHIBIT iJ" 103 TRUE POINT OF BECINNINC CT 85-24 L2 L3 102 MAP APN 212-130-27 1/08/19 110 Ct/RV£ TABLE NO. OEL TA RAO/t/S LENC TH Ct 00'06'!7" 836.00' 1.53' 107 UNIT NO. 5 LINE TABLE NO. BEAR/NC Lt N00'45'00"W L2 N8975'oO"E L3 N00'45'oO''W L4 N8975'oO"E L5 N00'45'oO''W LENCTH 214.38' 28.001 60.00' 28.00' 58.471 U ERMAN, PLS 7603 DATE ------------BASIS OF BEAR/NC EX :EL ENGINEERING L4ND PL4NNING •ENGINEERING• SIJR'CtTNG #0 STATE PLACE, ESOOV0/00, CA 92029 PH (160 745-8118 FX (160)145-1890 --- ----0 200 400 SHEET 1 OF 1 WASTEWATER EASEMENT QUITCLAIM PLAT -CARLSBAD MUNICIPAL WATER DISTRICT DATE: 1/08/2019 A.P.N.: 212-130-27 EASEMENT PER DOC. NO. 1994-0419262, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA VAC 2018-0002 EXHIBIT 'B' March 19, 2019 Item #2 Page 7 of 8 LOCATION SITE NOT TO SCALE PROJECT NAME 1525 FARADAY AVENUE CMWD EASEMENT VACATION APN 212-130-27 MAP PROJECT NUMBER VAC2018-0002 PLOTmJ BY: SCOTT EVANS PLOT DATE::1/7/19 PA1H:D:\DE',£LOPMENT PRo.£C15\STV\AUTOCAD\VAC2018-0002.DIM'.; EXHIBIT 2 March 19, 2019 Item #2 Page 8 of 8