Loading...
HomeMy WebLinkAbout2008-03-04; Municipal Water District; 649; Quitclaim 30 Foot Wide Waterline Easement Lying Within Lots D and E of Rancho Agua Hedionda Robertson Ranch PR 06-78CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL AB# 649 MTG. 3/4/08 DEPT. ENG QUITCLAIM THE 30-FOOT WIDE WATERLINE EASEMENT 1 YING WITHIN 1 OT<3 "D" AND "E" OF RANCHO AGUA HEDIONDA (ROBERTSON RANCH) PR 06-78 DEPT. HEAD" £rr>f CITYATTY. /fj^~ CITY MGR. \}J^ RECOMMENDED ACTION: Adopt Resolution No. 1312 quitclaiming the 30-foot wide waterline easement lying within Lots' "D" and "E" of Rancho Agua Hedionda, located within Robertson Ranch. ITEM EXPLANATION: On July 11, 1930, an easement was recorded to the Oceanside Mutual Water Company for a waterline across portions of property now known as Robertspn Ranch and Calavera Hills. In 1934, the Oceanside Mutual Water Company water rights were quitclaimed to the Carlsbad Mutual Water Company. In 1958, the City of Carlsbad acquired the Carlsbad Mutual Water Company and its assets became the property of the City. On January 1, 1990 the Costa Real Municipal Water District became a subsidiary district of the City of Carlsbad and was renamed the Carlsbad Municipal Water District (CMWD). On June 28, 1991 the City and CMWD entered into an operational agreement in which all of the City's water related assets were transferred to CMWD. The owners of Robertson Ranch East Village, Calavera Hills II, LLC, a California limited liability company, have requested that CMWD quitclaim the portion of the easement lying within their property. The waterline within the easement in question is no longer in use, and the easement is not needed now or in the future by CMWD as water transmission needs are met by new waterlines within public streets and other CMWD easements. ENVIRONMENTAL IMPACT: 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 Water District. The property owner has paid the standard fee for processing this quitclaim. EXHIBITS: 1. 2. 3. Location Map. Resolution No.1312 quitclaiming the 30-foot wide waterline easement lying within Lots "D" and "E" of Rancho Agua Hedionda, located within Robertson Ranch. Quitclaim Deed (PR 06-78). DEPARTMENT CONTACT: David Hauser 760-602-2739, dhaus@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY BOARD ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D LOCATION MAP NOT TO SCALE S/7E O u VICINITY MAP NOT TO SCALE SITE PROJECT NAME QUITCLAIM OF 30' WATERLINE EASEMENT WITHIN LOTS "D" & "E" OF RANCHO AGUA HEDIONDA PROJECT NUMBER PR06-78 EXHIBIT 1 DRAW BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 2/14/08 C: \DEVELOPUENT PROJECTS\PR\PR06-78.DWG 1 RESOLUTION NO. 1312 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD 3 MUNICIPAL WATER DISTRICT (CMWD), QUITCLAIMING THE 30-FOOT WIDE WATERLINE EASEMENT LYING LOTS "D" AND "E" 4 OF RANCHO AGUA HEDIONDA (ROBERTSON RANCH). PR 06-78. 5 WHEREAS, Calavera Hills II, LLC, a California limited liability company, has submitted a 6 request for a quitclaim of the 30-foot wide waterline easement acquired per a deed granted to the 7 Oceanside Mutual Water Company recorded July 11, 1930 filed in the Office of the 8 County Recorder of San Diego County in Book 1796 of Deeds, Page 142 of Official Records 9 ("Waterline Easement"); and 10 WHEREAS, the Carlsbad Municipal Water District is the successor in interest to the 11 Waterline Easement; and 12 WHEREAS, said easement is no longer required for the purpose for which it was granted and is not now, nor is it contemplated to be, needed for waterline purposes and appurtenant facilities. 15 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board 16 of the City of Carlsbad, California, as follows: 17 1. That the above recitations are true and correct. 18 2. That the quitclaim deed conveying the Waterline Easement lying within Lots "D" 19 and "E" of Rancho Agua Hedionda, which is on file with the City Clerk and is incorporated by this reference, is approved. 3. That the President is authorized to execute the quitclaim deed and the Secretary is hereby authorized to release the original quitclaim deed to Calavera Hills II, LLC. 22 23 24 25 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 4th day of March, 2008, by the following vote to wit: AYES: Board Members, Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: :CA 8. WQ0D~Secretafy G RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Calavera Hills II, LLC 2750 Womble Road San Diego, CA 92106 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 Assessor's Parcel No.168-360-04-00 168-361-01-00 168-361-02-00 168-361-03-00 ( ) 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 Project No. & Name: CT 02-16 Robertson Ranch East Village PR 06-78 CORPORATION QUITCLAIM DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary district of the City of Carlsbad organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to: Calavera Hills II, LLC, a California limited liability company; the following described real property in the City of Carlsbad, County of San Diego, State of California: a waterline easement as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. Exhibit "B" consisting of two (2) pages is attached for clarity only. DATED DE A. LEWIS, President LORRAINE M. WOOD, Secretary H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-16 Robertson Ranch\deeds\CORP QUITCLAIM OF EASEMENT CMWD (6-1-00) PR 06-78 REV.doc 6/1/00 February 14, 2008 J.N.: 011014-3 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION QUITCLAIM WATERLINE EASEMENT CT 02-16 PR 06-78 THAT PORTION OF THE PIPELINE EASEMENT IN FAVOR OF OCEANSIDE MUTUAL WATER COMPANY (ACQUIRED BY CARLSBAD MUNICIPAL WATER DISTRICT AS SUCCESSOR IN INTEREST) RECORDED JULY 11, 1930 IN BOOK 1796 OF DEEDS, PAGE 142 OF OFFICIAL RECORDS, WITHIN THE FOLLOWING DESCRIBED REAL PROPERTY: LOTS 4, 5, 9, 10 AND COLLEGE BOULEVARD AS SHOWN ON MAP NO. 15608, ROBERTSON RANCH EAST VILLAGE, CARLSBAD TRACT NO. 02-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAN DIEGO COUNTY ON SEPTEMBER 18, 2007 AS FILE NO. 2007-0612802. O:\Legal_Descriptions\011014\Waterline Quitclaim-East. Igl.doc LEGAL DESCRIPTION PORTION OF LOTS 4, 5, 9, 10 AND COLLEGE BLVD. PER MAP NO. 15608. CT 02-16 SITE BUSINESS PARK OR. PACIFIC OCEAN CITY OF ENCINITAS VICINITY MAP NO SCALE CONSULT A/NTS 2710 Loker Ave. 760-931-7700 Suite 100 Fax: Carlsbad, CA 760-931-8680 92010 APPLICANT; EXHIBIT "B* WATERLINE EASEMENT QUITCLAIM - CMWD PR 06-78 DATE: FEB 14, 2008 SHEET 1 OF 2 SHEETS CALAVERA HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO, CA 92106 (619) 794-1252 uti ODAY/fGE R.C.E. 32014 EXP. 12/31/08 APPROVED BY: DAVID A. HAUSER R.C.E. 33081 EXP.6/JO/08 168-360-04 168-361-01 168-361-02 168-361-03 G:\011014\0114BZ11.dwg Feb 14, 2008 9:51 am riHAUAP \ SUBDIVISION BOUNDARY RIGHT-OF-WAY AREA OF QUITCLAIM AREA OF QUITCLAIM PIPELINE EASEMENT TO OCEANSIDE MUTUAL WATER COMPANY (ACQUIRED BY CMWD AS SUCCESSOR IN INTEREST) BK. 1796 /PC. 142 REC JULY 11, 1930 \// LOT & /I APNi 168-381-02 AREA OF QUITCLAIM ^600' "3001 SCALE: 1" = 600' LOT 10 APNi 188-381-03 MAP m 16608 LOT 6 APNi 188-361-01 •^•^ PARCEL 2 ADJ 01-13 'CERTIFICATE OF COMPLIANCE 01-66 F/N 2001-08B6066 APNi 208-010-38-00 CONSULT A> 2710 Loker Ave. 760-931-7700 Suite 100 Fax:Carlsbad, CA 760-931-8680 92010 APPLICANT: PR 06-78 DATE: FEB 14, 2008 WATERLINE EASEMENT QUITCLAIM - CMWD SHEET 2 OF 2 SHEETS CALAVERA HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO, CA 92106 (619) 794-1252 APPROVED BY: GEOhR.C.E:(EXP. 12/31/08 DAVID A. HAUSER \R.C.E. 33081 EXP.6/30/08 A.P.N. 168-360-04 168-361-01 168-361-02 168-361-03 i:\p11014\0114BZ11.dwg Feb 14. 2008 9:51 am•..V.. nuAuAp. 01UHMAP: 0114MAP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California personally appeared Name(s) of Signer(s) SHERRY A. FREISINGER Commission # 1727064 Notary Public - California San Diego County My Comm E>qpmFeb28.2011 1iI who proved to me on the basis of satisfactory evidence to be the personj^ whose namej^f is/a/e' subscribed to the within instrument and acknowledged to me that he/sheVtheV executed the same jn his/her/tfeeir authorized capacity(i<K3), and that by his/hfwthelr signature^ on the instrument the person^, or the entity upon behalf of which the person^) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above Signal OPTIONAL /Though the information below is not required by law, it may prove/valuable to persons relying on the document and could prevent fraudulent 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: ^ £&.{ e^4,»J~ - Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: • Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here S?s</6-v^ ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: CallToll-Free 1 -800-876-6827