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HomeMy WebLinkAbout2024-07-23; Municipal Water District; ; Quitclaiming a water easement at the Valley Middle School Campus, PD2023-012, VAC2023-0004CA Review GH Meeting Date: July 23, 2024 To: President and Board Members From: Scott Chadwick, Executive Manager Staff Contact: Dave Padilla, Assistant General Manager/District Engineer dave.padilla@carlsbadca.gov, 442-339-2356 Neil Irani, Utilities Associate Engineer neil.irani@carlsbadca.gov, 442-339-2305 Subject: Quitclaiming a water easement at the Valley Middle School Campus, PD2023-012, VAC2023-0004 District: 1 Recommended Action Adopt a Carlsbad Municipal Water District Board of Directors resolution quitclaiming a water easement over Tract No. 246 of Map No. 1681, located at the Valley Middle School Campus, 1645 Magnolia Avenue, PD2023-012, VAC2023-0004. Executive Summary Carlsbad Municipal Water District (CMWD) staff are requesting the board’s approval to terminate (or "quitclaim") a water easement giving the district access to a tract of land at Valley Middle School, at 1645 Magnolia Ave. Easements like the one at issue, give the district access to private property to install or main public infrastructure. This easement was granted in 1994 for a public fire hydrant and pipeline. Now, with the property is being redeveloped and these facilities will be owned and maintained by the school district. Because the easement is no longer needed for public water system purposes, the staff recommend that the CMWD easement be terminated. The Board of Directors approval is required because CMWD ordinances do not provide authority to the Executive Manager or designee to approve the quitclaim deed. Explanation & Analysis The Carlsbad Unified School District granted a water easement to the CMWD (recorded as Instrument No. 1994-337945) in 1994. A public fire hydrant and pipeline were then constructed to serve Valley Middle School. The city approved a plan to the Carlsbad Unified School District’s plan to make improvements to the Valley Middle School campus on March 13, 2024 (Private Development Plan PD2023- July 23, 2024 Item #5 Page 1 of 9 ~', . MUNIC IIPAL WAT ER D I STRICT ~ Staff Report 0012). The approved grading plan for that project requires the school to convert an existing city-owned public fire hydrant on the site to a school district-owned fire hydrant. This conversion is consistent with the CMWD’s current practice to design water systems on private property as private water systems, when feasible, to reduce the need to access the property for repairs and avoid damage to private property improvements. The system has been redesigned to conform to the requirements of a private system in accordance with the approved construction plans, so staff recommend the board approve quitclaiming the water easement to the school district. 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 Upon approval of the CMWD Board of Directors, the Secretary of the Board will record the attached quitclaim deed and other required recording documents with the San Diego County Office of the Recorder. Environmental Evaluation The proposed quitclaim deed does not qualify as a project under the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Exhibits 1. Carlsbad Municipal Water District Board of Directors resolution 2. Location map July 23, 2024 Item #5 Page 2 of 9 RESOLUTION NO. 1745 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT QUITCLAIMING A WATER EASEMENT OVER TRACT NO. 246 OF MAP NO.1681 LOCATED AT THE VALLEY MIDDLE SCHOOL CAMPUS, 1645 MAGNOLIA AVENUE, PD2023-012, VAC2023-0004 WHEREAS, the Carlsbad Municipal Water District, or CMWD, has determined that the Carlsbad Unified School District, the property owner of Tract No. 246 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 1681 thereof, filed in the Office of the County Recorder of San Diego County on Dec. 9, 1915, have filed an application with CMWD to quitclaim a water easement over their property; and WHEREAS, on May 23, 1994, a water easement was dedicated to the CMWD as Instrument No. 1994-337945; and WHEREAS, the water easement is no longer required for the purpose for which it was granted, nor will it be needed for any future public water purpose. NOW, THEREFORE, BE IT RESOLVED by the CMWD Board of Directors of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the quitclaim deed, attached hereto as Attachment A, on file with the Secretary of the CMWD Board of Directors and incorporated herein by reference, is approved. 3.That the CMWD Board President is authorized to execute the quitclaim deed attached hereto as Attachment A, and the Secretary of the CMWD Board of Directors is hereby authorized to record said document. Exhibit 1 July 23, 2024 Item #5 Page 3 of 9 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District Board of Directors of the City of Carlsbad on the 23rd day of� 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, President SHERRY FREISINGER, Secretary (SEAL) July 23, 2024 Item #5 Page 4 of 9 1r RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Attachment A ---------------'--------SPACE ABOVE THIS LINE FOR RECORDER'S USE---- QUITCLAIM DEED OF EASEMENT -· The undersigned grantor(s) declare(s): Assessor's Parcel No(s).: 205-220-33-00 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 Project ID: PD2023-0012 Related Project ID(s): VAC2023-0004 ( ) Unincorporated area: ( X ) City of Carlsbad Project Name: Valley Middle School Campus Modernization, 1645 Magnolia Avenue 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 Carlsbad Unified School District ("Grantee") all right, title, and interest in the property described in Exhibit A attached hereto and made a part of hereof. Exhibit Bis attached for clarity only. 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� KEITH� ATTEST: �em� SHERRY FREISINGER, Secretary Doc ER-11-06 01125/2024 July 23, 2024 Item #5 Page 5 of 9 July 23, 2024 Item #5 Page 6 of 9 CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 July 25, 2024 before m.l,._~ ~~~~Ir::/,~ personally appeared _K_e_it_h_B_l_ac_k_b_u_r_n ________________ _ who proved to me on the basis of satisfactory evidence to be the persori(-5-) whose name(-s-)@are subscribed to the within instrument and acknowledged to me that ~he/they executed the same in~er/their authorized capacity(ies), and that by ~er/their signature(s-) on the instrument the perso.n(s-), or the entity upon behalf of which the person(-s-) acted , executed the instrument. I certify under PENALTY OF PERJURY under the laws oJ the ~ate of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. li~ul.:~ TAMARA R. CLOUD-MCilNN.[ .-• COMM . #2407464 z ~ Notary Public • California ~ z \."llllilalot'-✓ San Diego County .... 1 ~!f"' 0 Mj Comm. 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EXHIBIT'�" LEGAL DESCRIPTION PD2023-0012 VAC2023-0004 A STRIP OF LAND 15 FEET IN WIDTH OVER THAT PORTION OF TRACT NO. 246 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, BEING THAT CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT RECORDED MAY 23, 1994 AS DOCUMENT NO. 1994-0337945. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THE CENTERLINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF HIGHLAND DRIVE AND MAGNOLIA AVENUE AS SHOWN ON SAID MAP; THENCE ALONG SAID CENTERLINE OF MAGNOLIA AVENUE NORTH 61°21'00" EAST 509.30 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 28°39'00" EAST 30.00 FEET TO THE NORTHWESTERLY LINE OF SAID TRACT 246 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE OF SAID 15 FOOT STRIP OF LAND SOUTH 28°39'00" EAST 61.00 FEET; THENCE SOUTH 25°21'00" WEST 24.00 FEET; THENCE SOUTH 20°09'00" EAST 159.00 FEET; THENCE SOUTH 10°09'00" EAST 40.00 FEET; THENCE SOUTH 14°39'00" EAST 91.00 FEET TO THE POINT OF TERMINATION. THE SIDELINES OF SAID STRIP SHOULD BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS MAKING A CONTINUOUS LINE. CONTAINING 5625 SQUARE FEET OR 0.129 AGERS, MORE OR LESS EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. DATE: PASCO LARET SUITER I lli��©tC!llil!E� San Diego I Encinitas I Orange County Phone 858.259.8212 I www.plsaengineering.com PLSA 3483 PD2023-0012 VAC2023-0004 EASEMENT QUITCLAIM SHEET 1 OF 1 July 23, 2024 Item #5 Page 7 of 9 GARY . S 8537 LS 8537 2. -q . 'JL) 2>'/ _J a C") � I-(j �� EXHIBIT "B" PLAT MAGNOLIA AVENUE P.O.C. L 0 C") --I"":__-N61°21'00"E + 509.30' ---7'""" 0 30' 30' �-a::: 0 a a a �=::: (0 �$ -.J � (!) co -�:::r: 30' 30' I 30' 30' (N61°21'00"E 1152.55' R1) -J C") NW'LYLINE O TRACT 246 �<J:> rffov�v"\ " ':0 � "\�� {o9J "\'(-�· tfl�o � --+­ REFERENCES: R1 -MAP 1681 LINE TABLE: L 1 s2B039'00"E 30.00·L2 S28°39'00"E 61.00'L3 s25°21·oo"w 24.oo·L4 s20°09'00"E 159.oo·L5 s10°09'00"E 40.00·L6 s14°39'00"E 91.00· tx'od� <?�rp EXISTING 15.00' WIDE WATER LINE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED MAY 23, 1994 AS DOCUMENT NO. 1994-0337945, O.R. 15'0 1, APN: 205-220-33 �':) 'r),_'O� 'V v�v"\ " 1s•0 ':0�"\�� "ro9J I ::;;;J "\��· tfl �POT q_O � NOTE: IND/CA TES WATER LINE 0 EASEMENT QUITCLAIMED HEREON5625 SQ.FT. (0.129 ACRES) LEGEND: -----PROPERTY LINE -----RIGHT-OF-WAY LINE -----CENTER LINE --------EASEMENT LINE 30' 30' ....... I-.... a::: LU 0 LU a � � Cf) I $ >-0)LU�-.J co -.J � §'-I C/.7Zz::?':Z ZJ EXISTING WATERLINE EASEMENT 30' 30' P.O.C. T.P.O.B. P.O.T. TO BE QUITCLAIMED HEREON. IPOINT OF COMMENCEMENT TRUE POINT OF BEGINNING POINT OF TERMINATION L (N61°21'00"E 1152.55' R1) �LO C\J I-(j �� ---+­SE'LY LINE 0 TRACT 246 NW'L Y LINE OF TRACT 247 APN: 207-010-27 TRACT24 VICINITY MAPMAGNO�IA f-V�/. VALLEY � MIDDLE i-,: THIS PLAT WAS PREPARED BY M NDER MY DIRECTION. l • �'fll._ 1-1· Zo. GARY D� MELLOM, PLS 8537 o SCHOOL w z-��-����eu ::5 __J I __J ��lITAMARACK--------Jw I �,.,.� i �rJEANNE PL- -, PASCO LARET SUITER SCALE= 1" = 100' PO2023-0012 VAC2023-0004 EASEMENT QUITCLAIM I �$$(0)CC!�llE$ San Diego I Encinitas I Orange CountyPhone 858.259.82121 www.plsaengineering.com PLSA 3483 SHEET 1 OF 1 July 23, 2024 Item #5 Page 8 of 9 ::r: ---., ..... a:: oi DATE: LOCATION MAP PROJECT NAME PROJECT EXHIBIT NUMBER Exhibit 2 July 23, 2024 Item #5 Page 9 of 9 VALLEY MIDDLE SCHOOL CAMPUS MODERNIZATION PD2023-0012 NOT TO SCALE 2