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HomeMy WebLinkAbout2010-02-16; Municipal Water District; 710; Quitclaim of Waterline Easement Lying Within Lot 9 in Section 35 Township 12 South Range 4 West San Bernardino Meridian PR 08-70CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL 13 AB# ?10 MTG. 02/16/10 DEPT. CED QUITCLAIM OF WATERLINE EASEMENT LYING WITHIN LOT 9 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN. PR 08-70 DEPT. HEAD &£, %t CITY ATTY. ([£?' CITY MGR. i ^ RECOMMENDED ACTION: Adopt Resolution No. 1388 _ quitclaiming a waterline easement lying within Lot 9 in Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, PR 08-70. ITEM EXPLANATION: On February 22, 2008, an easement to the Carlsbad Municipal Water District (CMWD) was recorded for a waterline across portions of property owned by the Leucadia Wastewater District. Prior to completion of the waterline and acceptance by CMWD as a public facility, the Leucadia Wastewater District requested that the waterline remain private. Water operations staff and the Fire Marshall concurred that it was acceptable to have the waterline as a private facility. The Leucadia Wastewater District subsequently requested that CMWD quitclaim the easement. Staff has confirmed the easement in question is not in use by CMWD, and the easement is not needed now or in the future by CMWD as water transmission needs are met by other CMWD waterlines 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 waterline easement was granted to CMWD for no fee cost acquisition and the Water District will quitclaim the easement for no fee cost return to the property owner. The property owner has paid the standard fee for processing this quitclaim. EXHIBITS: 1. 2. 3. Location map. Resolution No.1388 quitclaiming waterline easement lying within Lot 9 in Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, PR 08-70. Quitclaim Deed (PR 08-70) DEPARTMENT CONTACT: Frank Jimeno 760-602-2758 frank.jimeno@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL/BOARD ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D D D O EXHIBIT 1 LOCATION MAP NOT TO SCALE SITE PROJECT NAME QUITCLAIM OF WATER EASEMENT PROJECT NUMBER PR08-70 EXHIBIT 1 DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 1/5/10 C:\DEVELOPUENT PROJECTS\PR\PR08-70.DWG 1 RESOLUTION NO. 1388 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF 22 23 24 25 26 27 28 EXHIBIT 2 CARLSBAD MUNICIPAL WATER DISTRICT, QUITCLAIMING OF WATERLINE EASEMENT LYING WITHIN LOT 9, SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO 3 4 MERIDIAN. PR 08-70. 5 WHEREAS, Leucadia Wastewater District, a county water district, has submitted a 6 request to quitclaim the waterline easement acquired per grant of easement to Carlsbad Municipal 7 Water District (CMWD), recorded February 22, 2008, in the Office of the County Recorder of San 8 Diego County as file/page No. 2008-0092888 of Official Records (Waterline Easement"); and 9 WHEREAS, the property owner has paid the standard fee for processing this quitclaim; 10 and 11 WHEREAS, said waterline easement is not required for the purpose for which it was granted and is not now, nor is contemplated to be, needed for future waterline purposes and I O appurtenant facilities.14 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal15 Water District of the City of Carlsbad, California, as follows:16 1. That the above recitations are true and correct. 2. That the CMWD approves the quitclaim of the waterline easement lying within18 Lot 9, Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, PR 08-70.i y 3. That the quitclaim deed (PR 08-70), which is on file with the Secretary and is incorporated by this reference, is approved. 4. That the President is authorized to execute the quitclaim deed and the Secretary is hereby authorized to record said document. 3 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 Carlsbad Municipal Water District of the City of Carlsbad on the 16th day of February 2010, by the following vote, to wit: AYES: NOES: ABSENT: Board Members Lewis, Kulchin, Hall, Packard, Blackburn None None A. LEWIS, PRESIDENT ATTEST: LOR^INBM/WDODJ^ECRETARY Karen R. Kundtz, Assistant Secretary (SEAL) RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Leucadia Wastewater District 1960 La Costa Avenue Carlsbad, CA 92009 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) 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 POP 05-01 Assessor's Parcel No. Project No. & Name: Leucadia Wastewater District PR 08-70 216-124-22 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 Carlsoad organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to: Leucadia Wastewater District, a political subdivision the following described real property in the City of Carlsbad, County of San Diego, State of California: that certain water line easement granted to the Carlsbad Municipal Water District by deed recorded February 22, 2008, as document No. 2008-0092888 Official Records in the Office of the County Recorder of San Diego County as described in Exhibit "A" consisting of three (3) pages, attached hereto and made a part hereof. Exhibit "B" consisting of three (3) pages is attached for clarity only. DATED February 16. 2010 CLAUDE^ ATTEST: .Itf..VyOQD, Sec/etary Karen R. Kundtz, Assistant Secretary H:\Development Services\PROJECTS\PDP\PDP 05-01 Leucadia Wastewater District Site Plan - Jimeno\Deeds-Easement\CORP QIUTCLAIM OF EASEMENT CMWD PR 08- 70.docx 6/1/00 EXHIBIT "A" LEGAL DESCRIPTION WATERLINE EASEMENT QUITCLAIM PR 08-70 THAT CERTAIN EASEMENT GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT BY DEED RECORDED FEBRUARY 22, 2008, AS DOCUMENT NO. 2008- 0092888 OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY IN THAT PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP THEREOF NO. 17771, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 10, 2003, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A" A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF LOT 7 OF CARLSBAD TRACT NO. 97-09, MAP NO. 14038, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 15, 2000; THENCE ALONG THE SUBDIVISION BOUNDARY OF SAID MAP NO. 14038, NORTH 89° 26' 18" WEST A DISTANCE OF 33.12 FEET; THENCE ALONG THE EAST LINE OF LOT 1 OF SAID MAP NO. 14038, SAID LINE ALSO BEING THE SUBDIVISION BOUNDARY OF SAID MAP NO. 14038, NORTH 00° 33' 42" EAST A DISTANCE OF 54.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 90° 00' 00" EAST A DISTANCE OF 17.86 FEET; THENCE NORTH 45° 00' 00" EAST A DISTANCE OF 41.01 FEET; THENCE NORTH 90° 00' 00" EAST A DISTANCE OF 12.97 FEET TO A POINT HEREIN DESIGNATED AS POINT "A"; THENCE CONTINUING NORTH 90° 00' 00" EAST A DISTANCE OF 129.18 FEET TO A POINT HEREIN DESIGNATED AS POINT "B"; THENCE CONTINUING NORTH 90° 00' 00" EAST A DISTANCE OF 6.07 FEET TO A POINT HEREIN DESIGNATED AS POINT "C"; L:\PROJECTS\0438\Admin\Legals\EXHIBIT-A-Onsite-Quitclaimrev3-2-09.doc Page 1 of3 THENCE CONTINUING NORTH 90° 00' 00" EAST A DISTANCE OF 32.71 FEET; THENCE NORTH 00° 00' 00" EAST A DISTANCE OF 50.36 FEET; THENCE NORTH 08° 59' 12" EAST A DISTANCE OF 71.32 FEET TO A POINT HEREIN DESIGNATED AS POINT "D"; THENCE CONTINUING NORTH 08° 59' 12" EAST A DISTANCE OF 56.71 FEET; THENCE NORTH 24° 01' 22" WEST A DISTANCE OF 61.00 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID 20.00 FOOT EASEMENT SHALL BE LENGTHENED OR SHORTENED TO TERMINATE AT SAID EASTERLY SUBDIVISION BOUNDARY OF MAP NO. 14038, AND SHALL BE LENGTHENED OR SHORTENED TO INTERSECT AT ANGLE POINTS. PARCEL "B" A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON EACH SIDE OF THE/ FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE AFOREMENTIONED POINT "A", THENCE SOUTH 00° 00' 00" EAST A DISTANCE OF 27.26 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL "A". PARCEL"C" A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE AFOREMENTIONED POINT "B", THENCE SOUTH 00° 00' 00" EAST A DISTANCE OF 35.14 FEET; THENCE NORTH 90° 00' 00" EAST A DISTANCE OF 16.23 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL "A". THE SIDELINES OF SAID 10.00 FOOT EASEMENT SHALL BE LENGTHENED OR SHORTENED TO INTERSECT AT ANGLE POINTS. PARCEL"D" A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: L:\PROJECTS\0438\Admin\Legals\EXHIBIT-A-Onsite-Quilclaimrev3-2-09.doc Page 2 of 3 COMMENCING AT THE AFOREMENTIONED POINT "C", THENCE NORTH 00° 00' 00" EAST A DISTANCE OF 18.70 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL "A". PARCEL "E" A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE AFOREMENTIONED POINT "D", THENCE NORTH 81° 00' 48" WEST A DISTANCE OF 155.29 FEET; THENCE SOUTH 65° 58' 49" WEST A DISTANCE OF 92.19 FEET TO A POINT ON THE EASTERLY SUBDIVISION BOUNDARY OF MAP NO. 14038. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL "A". THE SIDELINES OF SAID 20.00 FOOT EASEMENT SHALL BE LENGTHENED OR SHORTENED TO TERMINATE AT SAID EASTERLY SUBDIVISION BOUNDARY OF MAP NO. 14038, AND SHALL BE LENGTHENED OR SHORTENED TO INTERSECT AT ANGLE POINTS. SAID EASEMENT CONTAINS 15,093.56 SQ. FT. THOMAS A. JONXES L.S. 6622 , DATE L \PROJECTS\0438\Admin\Legals\EXHIBIT-A-Onsite-Quitclaim rev 3-2-09 doc Page 3 of 3 CITY OF , OCEANSIDE HIGHWAY NOT TO SCALE CITY OF VISTA BASIS OF BEARINGS THE BASIS OF BEARINGS EOR THIS PU\T IS THE NORTH LINE OF LOT NO. 7 AS SHOWN ON MAP NO. 14038. I.E. N 89'26'18" W CITY OF SAN MARCOS CITY OF ENCINITAS VICINITY MAP NO SCALE LEGEND P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING INDICATES WATERLINE EASEMENT PER DOC. 2008-0092888 RECORDED FEB. 22, 2008 QUITCLAIMED HEREON AREA = 15,093.56 S.F. THOMAS A. JONES L.S. 6622 EXP. 12/31/09 V_y DWG. EILE: L:\PROJECTS\0438\Engr\Water Esmt\WatrEsmt-QuitCloim.dwg Engineering, Inc. Civil EngineeringLand Surveying 6859 Federal Boulevard Lemon Crave, California 91945 (619) 582-4992 FAX (619) 582-7428 SHEET 1 OF 3 WATER EASEMENT QUITCLAIM PLAT - CARLSBAD MUNICIPAL WATER DISTRICT DATE: 03/02/2009 A.P.N.: 216-124-22 A PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP THEREOF NO. 17771, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 10, 2003. POP 05-01 PR 08-70 EXHIBIT "B' \FOR .OT 8 r=ioo'CARLSBAD TRACT 97 \P NO. 14038 NOTE: 1. SEE SHEET 3 EOR DETAILS. DWG. FILE: L:\PROJECTS\0438\Engr\Woter Esmt\WatrEsmt-QuiiClaim.dwg Engineering, Civil EngineeringLand Surveying Inc. 6859 Federal Boulevard Lemon Grove, California 91945 (619) 582-4992 FAX (619) 582-7428 SHEET 2 OF 3 WATER EASEMENT QUITCLAIM PLAT - CARLSBAD MUNICIPAL WATER DISTRICT DATE: 03/02/2009 A.P.N.: 216-124-22 A PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OE CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP THEREOF NO. 17771, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 10, 2003. PDF 05-01 PR 08-70 EXHIBIT "B1 CARLSBAD TRACT 97-09 -\P MO. 14033 OT 1 N 24'01'22" W 61.00' N SCALE N 08'59'12" E 56.71' POINT 'D' BEGIN PARCEL 'E' N 08'59'12" E 71.32' EXIST. EASEMENT FOR GENERAL UTILITY AND ACCESS PURPOSES DEDICATED TO THE CITY OF CARLSBAD PER MAP NO. 14038 , N OO'OO'OO" E 18.70 N 90'00'OQ" E 17.86' N 45'00'00" E 41.01' N 90'00'00" E 12.97' N 90'00'00" E 129.18- N OO'OO'OO" E 50.36' N 90'QO'OO" E , 32.71'POINT C BEGIN PARCEL T.P.OjB.-x BEGIN \ PARCEL " POINT A BEGIN PARCEL 'B POINT 'B BEGIN PARCEL 'C' _, S OO'OO'OO" E 5 27.26'N 90'00'DO E N 90'00'DO" E 16.23'S OO'OOOO 35.14' SCALE: 1" = 50'COR. LOT 7 \P MO. 14033 OT7 NORTH LINE LOT 7 25' 50' EDS Engineering, Inc. Civil EngineeringLand Surveying 6859 Federal Boulevard Lemon Grove, California 91945 (619) 582-4992 FAX (619) 582-7428 DWG. FILE: L:\PROJECTS\0438\Engr\Wder Esmt\WotrEsmt-QuitCfaim.dwg SHEET 3 OE 3 WATER EASEMENT QUITCLAIM PUT - CARLSBAD MUNICIPAL WATER DISTRICT DATE: 03/02/2009 A.P.N.: 216-124-22 A PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SURVEY MAP THEREOF NO. 17771, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 10, 2003. POP 05-01 PR 08-70 EXHIBIT "B1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California of OOflxHCounty On. Date personally appeared before me,_ M Here Insert Name and Ti^of the*Officer Name(s) of Signer(s) SHERRY A. FREISINGM Commission * 1727064 Notary Public - California | San Diego County Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person^) whose name^) is/a/e subscribed to the within instrument and acknowledged to me that he/sh^th^y executed the same in his/h^r/trvtfir authorized capacity(ie^), and that by his/h^r/theffr signature(£) on the instrument the person(^), or the entity upon behalf of which the person(s) 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. WITN Sign OPTIONAL Though the information below is not required by law, it may prove f/aluable^tojfrsons relying on the do and could prevent fraudulent removal and reattachmenf of this form to another document. Description of Attachedfocu merit Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: LJ Individual D Corporate Officer — Title(s): n Partner — D Limited L~: General D Attorney in Fact u Trustee D Guardian or Conservator D Other: _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual [.] Corporate Officer — Title(s): LJ Partner — G Limited Li General D Attorney in Fact LJ Trustee G Guardian or Conservator G Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 City of Carlsbad Office of the City Clerk Records Management Department February 19, 2010 Leucadia Wastewater District 1960 La Costa Avenue Carlsbad, CA 92009 Attn: District Secretary QUITCLAIM OF WATERLINE EASEMENT - PR 08-70 At its meeting of February 16, 2010, the Carlsbad Municipal Water District Board of Directors approved the quitclaim of a waterline easement to the Leucadia Wastewater District. The easement, which is located within Lot 9, Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, is no longer needed or planned for future use by CMWD. The original fully executed Quitclaim is enclosed so that you can have it recorded with the San Diego County Recorder. KAREN R. U Assistant City Cle Enclosure (1) CMC ssistant Secretary 120O Carlsbad Village Drive • Carlsbad, CA 92008-1989 • (760) 434-2808