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HomeMy WebLinkAbout2011-03-22; Municipal Water District; 730; QUITCLAIM SAN BERNARDINO MERIDIANCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL 11 730AB# MTG- 3/22/11 DEPT. CED QUITCLAIM WATERLINE EASEMENTS LYING WITHIN THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN. PR 10-28 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 1415 _ quitclaiming a portion of a waterline easement lying within the north half of the southwest quarter of the southwest quarter of Section 23, Township 12 South, Range 4 West, San Bernardino Meridian, PR 10-28. ITEM EXPLANATION: On May 21, 1963 and on March 25, 1964, three easement grants of right of way to the Carlsbad Municipal Water District (CMWD) were recorded for waterlines across portions of property now owned by Carlsbad Poinsettia Land Company, LLC, a California limited liability company, and generally located on the south side of Cassia Road and just east of Poinsettia Lane (Exhibit 2 - Location map). Subsequent to the installation and operation of CMWD waterline facilities within said easements, the waterline facilities were relocated, use and operation of the facilities within said easements was abandoned, and a portion of the facilities were removed. The easements to be quitclaimed and the remaining portions of the abandoned facilities are within the boundary of CT 04-10(A), Poinsettia Place. Staff has confirmed the waterline facilities in said easements are not in use by CMWD, and said easements to be quitclaimed are 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 CMWD. The waterline easements were granted to CMWD for no fee cost acquisition and CMWD will quitclaim the easements for no fee cost return to the property owner. Removal of the remaining abandoned facilities is the responsibility of the property owner. The owner has paid the standard fee for processing this quitclaim. DEPARTMENT CONTACT: Steve Bobbett 760-602-2747 Steve.Bobbett@carlsbadca.gov FOR CITY CLERKS USE ONLY BOARD ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 EXHIBITS: 1. Resolution No. 1415 Quitclaiming Waterline Easements Lying Within The North Half Of The Southwest Quarter Of The Southwest Quarter Of Section 23, Township 12 South, Range 4 West, San Bernardino Meridian. PR 10-28 2. Location Map 3. Quitclaim Deed (PR 10-28) EXHIBIT 1 1 RESOLUTION NO. 1415 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF 3 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), QUITCLAIMING WATERLINE EASEMENTS LYING WITHIN THE 4 NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 5 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN. PR 10-28 6 7 WHEREAS, it is in the interest of the Carlsbad Municipal Water District to quitclaim 8 waterline easements acquired per grant of easements to Carlsbad Municipal Water District, 9 recorded May 21, 1963 in the Office of the County Recorder of San Diego County as file/page 10 No. 88649 and on March 25, 1964 in the office of the County Recorder of San Diego County as 11 file/page No. 54230 and file/page No. 54231, all of Official Records ("Waterline Easements"); and 12 WHEREAS, said waterline easements are not required for the purpose for which they 13 were granted and are not now, nor are contemplated to be, needed in the future for waterline 14 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 Carlsbad Municipal Water District approves the quitclaim of the waterline 19 easements lying within the north half of the southwest quarter of the southwest quarter of Section 20 23, Township 12 South, Range 4 West, San Bernardino Meridian, PR 10-28. 21 3. That the quitclaim deed (PR 10-28), 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 I" 27 '" III 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 22nd day of March 2011, by the following vote to wit: AYES: Board Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. ATTEST: "LORRAINE M. WOOD, Secretary EXHIBIT 2 LOCATION MAP CITY OF OCEANSIDE HWHWAY , ?« SITE PACIFIC OCEAN NOT" TO SCALE VICINITY MAP NOT TO SCALE PROJECT NAME WATER EASEMENT QUITCLAIM PROJECT NUMBER CT04-10(A) EXHIBIT DKAml BY: SCOTT EVANS, CARLSBAD UTILITIES DEPT. 1/11/11 ft \flEVELOPUENT PROJECTS\fV\PR10-28.DWG 5 RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED, MAIL DEED AND TAX STATEMENTS TO: Carlsbad Poinsettia Land Company 219 Meadow Vista Way Encinitas CA 92024 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 QUITCLAIM DEED Assessor's Parcel Note).: 215-020-23 Project ID: CT04-10(A) Related Project ID(s): PR 10-28 / DWG 469-5A Project Name: Poinsettia Place 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 Carlsbad Poinsettia Land Company, a California limited liability company, ("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 fOc 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 MATT HALtJ, President ATTEST: LORRAINE M. W^bTsecfetary^ A '^ o Doc ER-11-06 01/03/2011 EXHIBIT 'A' LEGAL DESCRIPTION WATER EASEMENT QUITCLAIM THAT PORTION OF NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: PARCELS 1 AND 2 OF GRANT OF RIGHT OF WAY, RECORDED MAY 21, 1963 AS FILE/PAGE NO. 88649 AND ALSO RECORDED MARCH 25, 1964 AS FILE/PAGE NO. 54230 AND 54231. CONTAINING 0.843 ACRES MORE OR LESS AND AS SHOWN ON ATTACHED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF. LORNE L DaPRON, P.L.S. 7824 DATE ELCAMINOREAL CASSIA RD AMBROSIA LANE BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAT IS THE NORTH LINE OF THE N1/2, SWIM, SW1/4, SEC 23. I.E. N90°00'00"W SITE POINSETTIA- LANE LINE TABLE LINE L1 L2 L3 BEARING S 00°00'00" W S 35°00'00" W S 00°00'00" W DISTANCE 177.99' 195.51' 41.21' 300 VICINITY MAP NOT TO SCALE 600 CURVE TABLE CURVE C1 C2 DELTA A=35°00'00" A=35°00'00" RADIUS R=240.00' R=250.00' LENGTH L=146.61' L=1 52.72' GRAPHIC SCALE 1"=300' LOT 2 MAP NO. 13434 MAP NO. LOT 13475 LOT 21 23 .CASSIA ROAD < LU o LOT 31 rr§8 -L3 N90°00'00"W 1122.20' NORTH LINE. N1/2. > SW1/4, SW1/4, SEC 23 ROS NO. 18529 N1/2, SW1/4, SW1/4 SOUTH LINE, N1/2, SW1/4, SW1/4, SEC 23 LOT1 S1/2, SW1/4, SW1/4 co ;= CO111CO I LEGEND V///\ INDICATES PARCEL 1 OF WATER EASEMENT RECORDED MAY 21,1963 AS FILE/PAGE NO. 88649 AND ALSO MARCH 25, 1964 AS FILE/PAGE 54230 AND 54231 QUITCLAIMED HEREON. AREA = 0.328 ACRES INDICATES PARCEL 2 OF WATER EASEMENT RECORDED MAY 21,1963 AS FILE/PAGE NO. 88649 AND ALSO MARCH 25, 1964 AS FILE/PAGE 54230 AND 54231 QUITCLAIMED HEREON. AREA = 0.515 ACRES TOTAL AREA = 0.843 ACRES LORNE L. DaPRON, P.LS. 7824 DATE SHEET 1 OF 1 WATER EASEMENT QUITCLAIM PLAT - CARLSBAD MUNICIPAL WATER DISTRCIT DATE: 10/20/10 A.P.N.: 215-020-23 A PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PR 10-28 EXHIBIT 'B1 p^Uim^^ Jan 24, 2011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On K5v£h<38.£0\\ before me, Date personally appeared te ovvrv hytzxaf vx re Insert Name and Titid of the Officer \ Name(s) of Signer(s) SHEILA RENAE COBIAN [ Commission * 1848471 f Notary Public - California I San Oiego County 2 My Comm. Expires May 10, ?013 j who proved to me on the basis of satisfactory evidence to be the person^ whose namefcJUsjSafe' subscribed to the within instrument and acknowledged to me that /fie/bherthey executed the same irCjiis/heivtheii1 authorized capacity (testT and that byC^s^ier/theirsignaturefs^ on the instrument the persontsT, 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. WITNESS my hand and official seal. Place Notary Seal Above Signature- OPTIONAL - _ Signature of Notary Public 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: 3>'Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: PT\Ci\T r\ CX A \ D Individual .0" Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact III 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 •Q Other: Signer Is Representing: RIGHTTHUMBPHINT! OF SIGNER Top of thumb here © 2007 National Notary Association • 9350 Oe Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NatkjnalNolary.org Item »5907 Reorder Call Toll-Free 1 -800-876-6827 Doc ER-11-06 01/03/2011