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HomeMy WebLinkAbout2010-08-24; Municipal Water District; 723; QUITCLAIM OF WATERLINE EASEMENT15 CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL 7'23AB# MTG. 8/24/10 DEPT. CED QUITCLAIM OF WATERLINE EASEMENT AS DESCRIBED IN THAT CERTAIN EASEMENT DOCUMENT NO. 1991-0327822 PR 10-25 DEPT. CITY ATTY CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 1402 quitclaiming a waterline easement as described in that certain easement document No. 1991-0327822. ITEM EXPLANATION: On July 3, 1991, an easement, document No. 1991-0327822, to the Carlsbad Municipal Water District (CMWD) was recorded for a waterline across portions of property owned by the Carlsbad Unified School District (CUSD) to serve the existing Carlsbad High School located at 3557 Lancer Way. The Carlsbad Unified School District is currently undertaking a modernization project of the existing Carlsbad High School. The project includes a major renovation of the existing waterlines. CUSD requested all onsite waterlines to be private. Water operations staff and the Fire Marshall concurred that it was acceptable to have the waterline as a private facility. The School District subsequently requested that CMWD quitclaim the existing 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. ENVIRONMENTAL IMPACT: The proposed quitclaim of a waterline easement does not qualify as a "project" under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or reasonable foreseeable indirect physical change in the environment. FISCAL IMPACT: The item has no fiscal impact to the Carlsbad Municipal 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. Resolution No.1402 quitclaiming a waterline easement as described in that certain easement document no. 1991-0327822, PR 10-25. Location Map Quitclaim Deed (PR 10-25) DEPARTMENT CONTACT: Tecla Levy 760-602-2733 tecla.levv@carlsbadca.gov FOR CITY CLERKS USE ONL Y. COUNCIL/BOARD ACTION: APPROVED # DENIED G CONTINUED D WITHDRAWN Q AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 RESOLUTION NO. 1402 2 " 3 4 5 6 7 8 9 10 11 12 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT, QUITCLAIMING OF WATERLINE EASEMENT AS DESCRIBED IN THAT CERTAIN EASEMENT DOCUMENT NO. 1991-0327822, PR 10-25 WHEREAS, Carlsbad Unified School District has requested to quitclaim the waterline easement acquired per grant of easement to Carlsbad Municipal Water District (CMWD), recorded July 3,1991, in the Office of the County Recorder of San Diego County as file No. 1991-0327822 of Official Records (Waterline Easement); and and WHEREAS, the property owner has paid the standard fee for processing this quitclaim; 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 1 ^10 appurtenant facilities. 14 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal 5 Water District of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the CMWD approves the quitclaim of the waterline easement as described 18 in that certain easement document No. 1991 -0327822. 19 3. That the quitclaim deed (PR 10-23), which is on file with the Secretary and is 20 incorporated by this reference, is approved. 21 4. That the President is authorized to execute the quitclaim deed and the Secretary 22 is hereby authorized to record said document. 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 24th day of August, 2010, by the following vote to wit: AYES: Board Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. lS, President ATTEST: LORRAIN (SEAL) LOCATION STE S/TE PROJECT NAME QUITCLAIM OF WATER EASEMENTS PROJECT NUMBER PR10-25 DRAW BY: SCOTT EVANS, CARLSBAD UTILITIES Di '. 7/L1/10 C:\DEVELOPMLNr f:::>!!:CTS\PR\PR10-25.DWG RECORDING REQUESTED BY CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Unified School District 6225 El Camino Real Carlsbad, CA 92009 MAIL TAX STATEMENTS TO: EX E M PT The undersigned grantor(s) declare(s): Documentary transfer tax is $ 00.0 ( ) computed on full value of property conveyed, or ( ) com puted 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.: APN 205-140-35; APN 205-140-30 Project ID: PD 08-06 Related Project ID: PR 10-25 Related Project ID: Project Name: Carlsbad High School Modernization CITY OF CARLSBAD GtEN K. VAN PESKI, P.E. 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 Carlsbad Unified School District all right, title and interest in the property described in Exhibit "A", consisting of 1 page(s), attached hereto and made a part hereof. Exhibit "B" is attached for clarity only. T, icipal Water 'of the City of Executed on 20 If) at Cardbad, California NICIPAL WATER organized under Sut/sidia ATTEST APPROVED AS TO FORM: RONALD R. BALL, GENERAL COUNSEL LORRAJNE M. fymitld i*yennp (Notarial acknowledgement of execution of Grantor must be attached.) EXHIBIT A LEGAL DESCRIPTION QUITCLAIM OF EASEMENTS PR 10-25 ALL THOSE PORTIONS OF TRACTS 248 AND 249 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 9, 1915 AS DESCRIBED IN THAT CERTAIN EASEMENT DOCUMENT NO. 1991-0327822, RECORDED JULY 3, 1991 THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT. SIGNATURE DATE PAUL E. GOEBEL, LS 8486 7/19/2010 Page 1 of 1 EXHIBIT B PR 10-25 61'22'H 10.00' CHESTNUT AVENUE PARCELS 1. 2, AND 3 SE. CORNER TRACT 249 1 VICINITY MAP NOT TO SCALE INDICATES EASEMENT PER DOC. 191-0327822 SCALE: 1"= 100' CORNERSTONE ENGINEERING, INC. 208 OAK STREET 717 PIER VIEW WAY BAKERSFIELD, CA 93304 OCEANSIDE, CA 92054 TEL (661 )325-9474 TEL (760)722-3495 CONSULTING CIVIL ENGINEERING AND LAND SURVEYING CARLSBAD MUNICIPAL WATER DISTRICT APN: 205-140-35 DATE: JULY 19, 2010 SHEET 1 OF 2 EXHIBIT B PR 10-25 M A P N 0. 1 6 8 1 CARLSBAD HIGH SCHOOL S 87*58'37" W- 28.00' S 87-58'37" W 28.00' T H U M N 36'32'00" W 77.72' POINT "A" PARCEL LANDS PARCEL 4 N 02^01'23" W 25.00' (SOUTHERLY \ T.P.O.B PARCEL 4CHESTNUT AVENUE S 87'58'37" W 28.00' PARCELS 4 AND 6 SW. CORNER TRACT 249 I VICINITY MAP A NOT TO SCALE INDICATES EASEMENT PER DOC. 191-0327822 INDICATES ACCESS PER DOC. 191-0327822 SCALE: 1"= 100' CORTSTERSTONE ENGINEERING, ITSTC. 208 OAK STREET 717 PIER VIEW WAY BAKERSFIELD, CA 93304 OCEANSIDE. CA 92054 TEL (661 )325-9474 TEL (760)722-3495 CONSULTING CIVIL ENGINEERING AND LAND SURVEYINGwww.com6rston06nQ.coni CARLSBAD MUNICIPAL WATER DISTRICT APN: 205-140-35 DATE: JULY 19, 2010 SHEET 2 OF 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, personally appeared .£>£ A-Name(s) of Slgner(s) SHERRY A. FREISINGER Commission * 1727044 Notary Public - California i San Ol*go County I I 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/srje/they executed the same in his/her/tjrteir authorized capacity(iqfe), and that by his/her/their signature^) on the instrument the person(sjf, or the entity upon behalf of which the personffe) 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. 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