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Home My WebLink About2011-03-08; Municipal Water District; 729; QUITCLAIM WATER LINE EASMENTS PARCEL MAP NO 17971CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL 12 AB# 729 MTG- 3/8/11 DEPT, CED QUITCLAIM WATERLINE EASEMENTS LYING WITHIN PARCELS 3 AND 4 OF PARCEL MAP NO. 17971 , PR 10-02 DEPT. HEADjg£ CITY ATTY. (^ Qfr CITY MGR. U/-"" RECOMMENDED ACTION: Adopt Resolution No. 1414 quitclaiming waterline easements lying within parcels 3 and 4 of Parcel Map No. 17971, PR 10-02. ITEM EXPLANATION: On March 18, 1999 and November 22, 2010, waterline easements were granted to Carlsbad Municipal Water District (CMWD) over portions of Parcels 3 and 4 of Parcel Map No. 17971. Life Technologies Corporation, a Delaware Corporation ("Life Technologies"), is processing development permits under approved land use application PUD 09-02(A) ("Project"). As part of the Project, Life Technologies submitted construction plans to construct a new building and associated improvements over Parcels 3 and 4 of Parcel Map No. 17971. As part of the Project, Life Technologies is providing the necessary waterline improvements as shown on drawing 462-7 and 462-7C. Life Technologies has dedicated new waterline easements (PR 10-03) that encompass the new CMWD facilities. The previously dedicated waterline easements do not align with the proposed waterline improvements. The property owner, Life Technologies has requested that the previously dedicated waterline easements be quitclaimed. Based on staff review, waterline improvements were never built within the previously dedicated waterline easements. The previously dedicated easements are not needed now or in the future by CMWD as potable water needs are provided by other CMWD waterlines and easements. Therefore, staff recommends quitclaiming these easements to avoid unnecessary easement conflicts with the Project. ENVIRONMENTAL IMPACT: The proposed quitclaim of waterline easements do 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 CMWD. The waterline easements were granted to CMWD for no fee cost acquisition. Except for processing fees, CMWD will quitclaim the easements at a no fee cost to the property owner. In accordance with the adopted Fee Schedule, the property owner has paid the standard fee for processing this quitclaim. DEPARTMENT CONTACT: Jeremy Riddle 760-602-2737 ieremv.riddle@carlsbadca.aov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED x:ua D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D Da D Page 2 EXHIBITS: 1. Resolution No. 1414 quitclaiming waterline easement lying within parcels 3 & 4 of Parcel Map No. 17971, PR 10-02. 2. Location map. 3. Quitclaim Deed (PR 10-02) 1 RESOLUTION NO. 1414 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF 3 4 5 8 10 11 12 13 EXHIBIT 1 CARLSBAD MUNICIPAL WATER DISTRICT, QUITCLAIMING OF WATERLINE EASEMENTS LYING WITHIN PARCELS 3 AND 4 OF PARCEL MAP NO. 17971. PR 10-02. WHEREAS, Life Technologies Corporation, Inc. a Delaware Corporation, has submitted a request to quitclaim the waterline easements acquired per grants of easement to Carlsbad Municipal Water District (CMWD), recorded March 18, 1999, in the Office of the County Recorder of San Diego County as file/page No. 1999-0175733 of Official Records and on November 22, 2010, in the Office of the County Recorder of San Diego County as file/page No. 2010-0641614 of Official Records ("waterline easements", collectively); and and WHEREAS, the property owner has paid the standard fee for processing this quitclaim; WHEREAS, said waterline easements are not required for the purpose for which they were granted and are not now, nor are they contemplated to be, needed for future waterline purposes and appurtenant facilities. 16 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Water District of the City of Carlsbad, California, as follows: 18 1. That the above recitations are true and correct. 19 2. That the CMWD approves the quitclaim of the waterline easements lying within 20 parcels 3 & 4 of Parcel Map No. 17971, PR 10-02. 21 3. That the quitclaim deed (PR 10-02), which is on file with the Secretary and is 22 incorporated by this reference, is approved. 23 4. That the President is authorized to execute the quitclaim deed and the Secretary 24 is hereby authorized to record said document. 25" 26 27 28 1 2 3 4 5 6 7 g 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 8th day of March 2011, by the following vote to wit: AYES: Board Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. MATT (HALL, President ATTEST: >RRAWE M. (SEAL)1 , Secretry EXHIBIT 2 LOCATION MAP NOT TO SCALE OF OCEANSIDE HIGHWAY j SITE VICINITY MAP NOT TO SCALE PROJECT NAME QUITCLAIM OF WATERLINE EASEMENTS IN PARCELS 3&40F PARCEL MAP 17971 PROJECT NUMBER PR10-02 EXHIBIT OKAHN BY: SCOTT EVANS, CARLSBAD UTtUT£S KPT. 2/08/11 C \DCVCLOPIUENT PRO£C7S\TO\PRIO-02.DltG J-15767 EXHIBIT "A" QUITCLAIM OF EASEMENTS PR 10-02 All of the described easements granted to Carlsbad Municipal Water District in the "Grant Deed of Water Line Easement" recorded in the Office of the County Recorded of San Diego County on March 18,1999 as Document No. 1999- 0175733. ALSO: That portion of water easement granted to Carlsbad Municipal Water District recorded VsWmbpf ZlpM* as File/Page Zoto -QbHifcm as shown on exhibit attached hereto. Patrick A. McMichael, L.S. 6187 Date Jb/15767_004 EXHIBIT "B" PR 10-02 FOR. OF WA TER ESMT. REC'D \\IZllto AS DOC.NO.t&bA QUITCLAIMED HEREIN (SEE SHEET 2) FARADYAVE EXPIRES 3-31-2010 SHEET 1 OF 2 LEGEND INDICATES PARCEL 'A" PER DOC. 1999-0175733 REC'D 3/18/1999, QUITCLAIMED HEREIN INDICATES PARCEL 'B" PER DOC. 1999-0175733 REC'D 3/18/1999, QUITCLAIMED HEREIN INDICATES PARCEL MAP 17971 LOT LINE 200 100 200 GRAPHIC SCALE 1"= 200' VICINITY MAP EL PATRICK A. McMICHAEL, LS 6167 5620 FRIARS ROAD SAN DIEGO, CA 92110 619.291.0707 ENGINEERINGCOM^NY (FAX)619.291.4165 ALLEN WAY RICK J. 15767 CARLSBAD MUNICIPAL WATER DISTRICT DATEi 03-19-10 SCALE" 1" = 200' A. P.M. 212-130-49 QUITCLAIM WATER EASEMENT PLAT IN PARCEL A OF CERTIFICATE OF COMPLIANCE FOR BOUNDARY ADJUSTMENT IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA PUD 09-02 (A) PR 10 - 02 REVISED! I* \15767\Survey\1S767exb_qultolalm01.dyi \\erv_phato1 SRI okStrndcrdeXBant I ey_2006\worlCBpaoe\proJeot«\Con>Std8_200S-SD\ I p I af\CorpStde_2005_SD. pen 19-MAR-2010 16i 52 EXHIBIT "B" PR 10-02 SHEET 2 OF 2 LEGEND INDICATES PORTION OF WATER ESMT. REC'D TO/JO _ AS DOC. WATER REC DOC. QUITCLAIMED HEREIN INDICATES PARCEL '8" PER DOC. 1999-0175733 REC'D 3/18/1999, QUITCLAIMED HEREIN AS OfeMUaH N ii? 40 20 40 GRAPHIC SCALE 1"= 40'J. 15767 CARLSBAD MUNICIPAL WATER DISTRICT DATEi 03-02-10 SCALEi 1" = 200' A.P.N. 212-130-49 QUITCLAIM WATER EASEMENT PLAT IN PARCEL A OF CERTIFICATE OF COMPLIANCE FOR BOUNDARY ADJUSTMENT IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA PUD 09-02 (A) PR 10 - 02 REVISED" MiM5767\Survoy\1S767exb_qultoIalmOZ.dpi \\erv_photo1NRIoKS+mda-deXBentIey-2006\vorkepaoe\proJ*ote\CorpS+da_2005_SO\IpIot\CorpStde_2005_SD.pen19-MAR-2010 16i31 IO EXHIBIT 3 RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED, MAIL DEED AND TAX STATEMENTS TO: Life Technologies Corp 5791 Van Allen Way Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0 (easement) ( ) 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 Assessor's Parcel Note).: 212-130-49 Project ID: PUD 09-02(A) Related Project ID(s): PR 10-02 Project Name: Life Technologies Amenity Building Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad ("Grantor"), for a valuable consideration, the receipt and adequacy of which are hereby acknowledged, does hereby remise, release, and quitclaim to Life Technologies Corporation, a Delaware Corporation ("Grantee") all right, title, and interest in the property described in Exhibit A attached hereto and made a part of hereof. Exhibit B is attached for clarity only. Executed on 2011, at Carlsbad, California GRANTOR: Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad ATTEST: Doc ER-11-06 01/03/2011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of \/V\jr>Cl_)\C On HTVvftob>)t).QlO)) before me, *c T5Se „ " personally appeared i CVfei\af\ IV/frfcari\ £jHers Insert Name andTitfe of the Officer I Name(s) of Signers) 1SHEILA RENAE COBIAN Commission * 1848471 Notary Public - California z San Diego County 5 My Comm Expires May 10.20131 who proved to me on the basis of satisfactory evidence to be the person^whose nams^sjCB'afe subscribed to the within instrument and acknowledged to me that hgtefce/they executed the same in(@/her/tho'tr authorized capacities), and that byfasfh&ftneir signaturefS) on the instrument the persoRrS), or the entity upon behalf of which the person(sf 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. WITNESS my hand and official seal. Place Notary Seal Above Signature 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:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:. D Individual Corporate Officer —Title(s): D Partner — G Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ; Signer Is Representing: RIGHT THUMBPRINTOF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited G General Q Attorney in Fact Q Trustee a Guardian or Conservator D Other: ... Signer Is Representing: RIGHTTHUMBPRINT, OF SIGNER Top of thumb hers ®20Q7 National Notary Association-9350 DeSotoAve., P.O.Box 2402-Ctiatsworth.CA 91313-2402'www.NationalNotary.org Item #5907 Reorder Call Toll-Frsel -800-876-6827 Doc ER-11-06 01/03/2011 RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED, MAIL DEED AND TAX STATEMENTS TO: Life Technologies Corp 5791 Van Allen Way Carlsbad, CA 92008 QUITCLAIM DEED SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0 (easement) ( ) 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 Assessor's Parcel No(s).: 212-130-49 Project ID: PUD 09-02(A) Related Project ID(s): PR 10-02 Project Name: Life Technologies Amenity Building Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad ("Grantor"), for a valuable consideration, the receipt and adequacy of which are hereby acknowledged, does hereby remise, release, and quitclaim to Life Technologies Corporation, a Delaware Corporation ("Grantee") all right, title, and interest in the property described in Exhibit A attached hereto and made a part of hereof. Exhibit B is attached for clarity only. Executed on 2011, at Carlsbad, California GRANTOR: Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad BV Aj/MJ MATTlHALL, Presider ATTEST lORRA/NE M. WOOD, Secretary .'3 = Doc ER-11-06 01/03/2011 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT sssgaaafiaaBaSjBSJcasasaBa^ Slate of California County of On 'fTUnrh/O JDII before me, ^N £" Date personally appeared Name(s) ot Signers) iii in '"SHEILA RENAE COBIAN Commission #1848471 z Notary Public - California z San Diego County s Mv Comtn. Expires May 10.20131 who proved to me on the basis of satisfactory evidence to be the persorx(s> whose name^sjC^aFe-subscribed to the within instrument and acknowledged to me that executed the same inChjs^errthetr authorized ' and that by(fii^fo«#hetf-signature(s) on the instrument the person^" or the entity upon behalf of which the person(sf 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 WITNESS my hand and official seal. Signature. OPTIONAL - Notary Pu 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: ,. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: G Individual Corporate Officer — Title(s): Signer's Name: D Individual n Corporate Officer — Title(s):. Cl Partner — D Limited C General D Attorney in Fact u Trustee D Guardian or Conservator L Other: ; . Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here D Partner — D Limited D General D Attorney in Fact n Trustee u Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top o*' thumb here ® 2007 National Notary Association• 9350 De Solo Avs.. PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NabonalNotary.org Item »5907 Reorder:Call Totl-Frse 1 -800-876-6827 Doc ER-11-06 01/03/2011 J-15767 EXHIBIT "A" QUITCLAIM OF EASEMENTS PR 10-02 All of the described easements granted to Carlsbad Municipal Water District in the "Grant Deed of Water Line Easement" recorded in the Office of the County Recorded of San Diego County on March 18,1999 as Document No. 1999- 0175733. ALSO: That portion of water easement granted to Carlsbad Municipal Water District recorded KW^Pf ll}2£>\o as File/Page Zoio -OfeHifeiM as shown on exhibit attached hereto. Patrick A. McMichael, LS. 6187 Date Jb/15767_004 EXHIBIT "B" PR 10-02 SHEET 1 OF 2 LEGEND INDICATES PARCEL 'A'' PER DOC. 1999-0175733 REC'D 3/18/1999, QUITCLAIMED HEREIN INDICATES PARCEL 'B" PER DOC. 1999-0175733 REC'D 3/18/1999, QUITCLAIMED HEREIN INDICATES PARCEL MAP 17971 LOT LINE 200 POP. OF WA TER ESMT. REC'D \\jZll\0 AS QUITCLAIMED HEREIN (SEE SHEET 2) GRAPHIC SCALE 1"= 200' EL CAMfN0 PATRICK A. McMICHAEL, LS 6167 RICK 5620 FRIARS ROAD SAN DIEGO, CA 92110 619.291.0707 (FAX)619 291 4165 J. 15767 CARLSBAD MUNICIPAL WATER DISTRICT DATEi 03-19-10 SCALEi 1" = 200' A. P.M. 212-130-49 QUITCLAIM WATER EASEMENT PLAT IN PARCEL A OF CERTIFICATE OF COMPLIANCE FOR BOUNDARY ADJUSTMENT IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA PUD 09-02 (A) PR 10 - 02 REVISED! Mi\15767\Surv»y\1576T«xb_quItoI aIm01. dgn \\srv_photo1\RlokStaxkr (to\B«Tfl«y_2006\workapoo*\proJ<>ot8\CorpStda_2005_SD\lplo+\CorpStds_2005_SD. pen 19-UAR-2010 16i 52 EXHIBIT "B" PR 10-02 SHEET 2 OF 2 LEGEND INDICATES PORTION OF WATER ESMT. REC'D TO/tO AS DOC. NO. 20lO-Oto4U»m . QUITCLAIMED HEREIN INDICATES PARCEL 'B"PER DOC. 1999-0175733 REC'D 3/18/1999, QUITCLAIMED HEREIN F 40 20 40 GRAPHIC SCALE 1"= 40'J. 15767 CARLSBAD MUNICIPAL WATER DISTRICT DATEi 03-02-10 SCALEi 1" = 200' A. P.M. 212-130-49 QUITCLAIM WATER EASEMENT PLAT IN PARCEL A OF CERTIFICATE OF COMPLIANCE FOR BOUNDARY ADJUSTMENT IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA PUD 09-02 (A) PR 10 - 02 REVISED! !*\1576T\Sw*y\1576Taxb-quttolatiiOZ.d9i \\arv_photo1NRIokStcndardaXBWTt I•y_2006\work«pooe\proJ»ote\CorpStd»_2005_SO\IpIot\CorpStcte_2005_SO. pen 19-MAR-2010 16i 31