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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