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Home My WebLink About2006-10-10; Municipal Water District; 619; Quitclaim Water Easement Aviara Py & Poinsettia LnCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL 1 & 619AB# MTQ. 10/10/06 DEPT. ENG QUITCLAIM OF A CMWD WATER EASEMENT AT THE NORTHEAST CORNER OF AVIARA PARKWAY AND POINSETTIA LANE, PR 05-64 CITYATTY. CITY MGR. I,, RECOMMENDED ACTION: Adopt Resolution No. generally located at the 1278 northeast assessor parcel numbers 215-070-13 and 215-070-36 ITEM EXPLANATION: quitclaiming a water easement on a comer of Aviara Parkway and Poinsettia portion of property Lane, identified as Application to quitclaim the above described easement is being processed as required per Condition No. 23 of Minor Subdivisipn 04-02, approved on January 27, 2005. MS 04-02 and related approved development permits provided the necessary approvals for a proposed church at the northeast cprner of Aviara Parkway and Poinsettia Lane. In approving the minor subdivision, the City Engineer determined that a 30-foot wide Carlsbad Municipal Water District (CMWD) easement still encumbered the property but was no longer needed. This easement traverses the property in an east-west direction. The water main pipe within this easement has been abandoned and is no longer needed. New water mains in Poinsettia Lane replaced this water main when Poinsettia Lane was constructed. Therefore, the above-described easement is no longer necessary. Staff recommends that the Board of Directors approve the quitclaim requested by North Coast Calvary Chapel. ENVIRONMENTAL REVIEW: The activity is exempt from California Environmental Quality Act (CEQA) review per CEQA Section 15061(b)3, because it can be seen with certainty that there is no possibility that the quitclaim may have a significant effect on the environment. FISCAL IMPACT: The item has no fiscal impact to the District other than a reduction in cost for any maintenance associated with said easement. The easement was granted to the District for a no fee cost acquisition and the District 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. EXHIBITS: 1. 2. 3. 1278 quitclaiming a 30-foot wide water easement on a portionResolution No. of property generally located at the northeast corner of Aviara Parkway and Poinsettia Lane, identified as assessor parcel numbers 215-070-13 and 215-070-36. Location Map. Quitclaim deed PR 05-64. DEPARTMENT CONTACT: David Rick, (760) 602-2781. drick@ci.carlsbad.ca.us FOR CITYC£E«KS USE ONLY. ., BOARD ACTION: APPROVED » DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 RESOLUTION NO. 1278 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD 3 MUNICIPAL WATER DISTRICT (CMWD), QUITCLAIMING A 30- FOOT WIDE WATER EASEMENT ON A PORTION OF PROPERTY 4 LOCATED AT THE NORTHEAST CORNER OF AVIARA PARKWAY AND POINSETTIA LANE, IDENTIFIED AS ASSESSOR PARCEL 5 NUMBERS 215-070-13 AND 215-070-36. 6 WHEREAS, Calvary Chapel - North Coast, a California Non-Profit Corporation, has 7 submitted a request for a quitclaim on property located at the northeast corner of Aviara Parkway 8 and Poinsettia Lane of a water easement acquired per Document recorded October 1, 1958 in 9 Book 7278 Page 537 of Official Records of San Diego County; and 10 WHEREAS, the previous waterline that was located in said easement has been 11 abandoned and replaced in Poinsettia Lane to the satisfaction of the District Engineer and the 12 purpose of said easement is no longer required for which it was granted as is not now nor is it 13 contemplated to be needed for waterline purposes and appurtenant facilities; and 14 WHEREAS, the Board of Directors of Carlsbad Municipal Water District (CMWD) has 15 determined it to be in the public interest to quitclaim said easement; and 16 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City of Carlsbad, California, as follows: 18 1. That the above recitations are true and correct. 19 2. That a quitclaim deed conveying an easement over a portion of property as 20 described in a Document recorded October 1, 1958 in Book 7278 Page 537 of Official Records of 21 San Diego County, which is on file with the City Clerk and is incorporated by this reference, is 22 approved. 23 3. That the President is authorized to execute the quitclaim deed and the Secretary is 24 hereby authorized to release the original quitclaim deed to Calvary Chapel - North Coast, a 25 California Non-Profit Corporation.26 //27 // 28 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 of the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 10th day of October, 2006, by the following vote: AYES: Board Members Lewis, Hall, Packard, Sigafoose NOES: None ABSENT: Board Member Kulchin CLAUDE A LEWIS, President ATTEST: LORfcAINEM. WOOl), Secretary(SEAL) t ti LOCATION MAP SITE NOT TO SCALE PROJECT NAME NORTH COAST CALVARY CHAPEL PNRU°MJBEECRT PR05-64 EXHIBIT DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 4/12/06 C: \DEVELOPMENT PROJECTS\PR\PR05-64.DWG RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s): Documentary transfer tax is $ 00.0 ( ) 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 . and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Space above this line for Recorder's Use. Assessor's Parcel No. 215-070-13-00, 215-070-36-00 Project No. & Name MS 0^-02, PR 05-64 North Coast Calvary Chapel CARLSBAD MUNICIPAL WATER DISTRICT DAVID MAUSER QUITCLAIM DEED CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to Calvary Chapel - North Coast, a California non-profit corporation all right, title and interest in the property described in Exhibits "A" & "B", consisting of two (2) pages, which are attached hereto and made a part hereof. CARLSBAD MUNICIPAL WATER DISTRK a PublicAoe/rcy organjzed under the/Kmjptclpal Water Act of/9^K/and a^bs^ary Di^rjoTof the City of Carlst Executed on 200 0> at Carlsbad, California < President ATTEST: APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL By INE M. WOOD, Secretary (Notarial acknowledgement of execution of Grantor must be attached.) Hi/Development Services/Masters/Deeds-Grant Deeds-Easements/Quitclaim Deed - CMWD (Real Property)6/1/00 State of California County of SauT) Pit Ad before personally appeared . fn personally known to me -OR- D proved to me on the basis of satisfactory evidence to be the person(s)- whose name(s£3s?afe subscribed to the within instrument and acknowledged to me thalCIlitehe/they executed the same in authorized capacity(iee)r and that byChiS*f'he'"/their SHBIA RENAE COttAN ConvnWonil639S31 Notary Pubic - CaKbmta San Otogo County NfrComm. Expires Dec 30t 2006 (This area for official notary seal.) signature^) on the instrument the person(s), or the entity upon behalf of which the person(sy acted, executed the instrument. WITNESS, my hand and official seal. SIGNATURE OF NOTARY Title or Type of Document Date of Document No. of Pages Signer(s) other than named above CMWD H:/Development Services/Masters/Deeds-Grant Deeds-Easements/Quitclaim Deed - CMWD (Real Property)6/1/00 FEBRUARY 24, 2006 J.N. 021043 PAGE 1 OF 1 EXHIBIT 'A' QUITCLAIM OF EASEMENTS APN 215-070-13, 36 PR 05-64 LEGAL DESCRIPTION ALL THAT PORTION OF THE PIPELINE EASEMENT IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT ACQUIRED PER DOCUMENT RECORDED OCTOBER 1, 1958 IN BOOK 7278 PAGE 537 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY WITHIN THE FOLLOWING DESCRIBED REAL PROPERTY: THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. TOGETHER WITH THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22 TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. ^ O:\Legal_Descriptions\971039\PR05-64.doc 7 1 V) "T \ LOT 1 OF C. T. 91-12 MARINERS PT. UNIT 1, PER MAP NO. 13394 REC. JAN 24, 1997 APNi 215-070-13 N.W. 1/4 OF THE S.W. 1/4 OF THES.W. 1/4 OF SECTION 22 LEGEND: PROPERTY LINE EXISTING EASEMENT UNE WATER PER BK 7278 PG5J7 REC 10-01-58 0* 50* -I Y///////A 100" 400' SCALE: 1" - 200' APNi 216-070-38 SOUTH 1/2 OF THE S.W. 1/4 S / / OF THE S.W. 1/4 OF SECTION 22 EXHIBIT 'B' CONSULT T S 2710 Lok«r Av«nu« WeitSuite 100 Carlsbad, California 92010 760-831-7700 Fax: 760-031-8680 OdayOOdayconsultants.com Civil Engineering Planning ftnn n • • »ln nnucemng Surveying CARLSBAD MUNICIPAL WATER DITRICT QUITCLAIM AT WATER EASEMENT SHT. 1 OF 1 Date: 02-24-2006 APNI 215-070-13A.P.N. 215-070-36 PR 05-64 0:\B71CW\p73«ZW<H.<t«g Fib 24, 2006 ftltan *«fr V7M*r. 9738dmap