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HomeMy WebLinkAbout2011-04-26; Municipal Water District; 732; QUITCLAIM WATERLINE EASEMENT LOT 8 MAP 1343422 CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL AB# 732 MTG' 4/26/11 DEPT. CED QUITCLAIM A PORTION OF A WATERLINE EASEMENT LYING WITHIN LOT 8 OF MAP NO. 13434 PR 10-1 7 DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No.1417 quitclaiming a portion of a waterline easement lying within Lot 8 of Map No. 13434, generally located at the southwest corner of Poinsettia Lane and Ambrosia Lane, on the site of the Daybreak Community Church and Daycare Facility. ITEM EXPLANATION: On November 15, 2000, the Planning Commission approved Resolution No. 4868, a Site Development Plan (SDP 00-06), to allow the construction and operation of Daybreak Community Church and Daycare facility. On September 13, 2001, a waterline easement, document No. 2001-0656932, granted to the Carlsbad Municipal Water District (CMWD) was recorded across portions of the property to serve the above facility as required in Condition No. 46 of Planning Commission Resolution 4868. On October 7, 2009, the Planning Commission approved Resolution No. 6639, a Site Development Plan Amendment (SDP 00-06A), to allow for the addition of a 6,188 square foot, two-story administration and classroom building (building "B"). The addition of building "B" necessitated some changes to the existing waterline, including the relocation of one existing fire hydrant. As a result, a portion of the existing waterline easement described in Exhibit "A" is no longer needed. Daybreak Community Church 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.1417 quitclaiming a portion of a waterline easement lying within Lot 8 of Map No. 13434, generally located at the southwest corner of Poinsettia Lane and Ambrosia Lane, on the site of the Daybreak Community Church and Daycare Facility Location Map Quitclaim Deed (PR 10-17) DEPARTMENT CONTACT: Tecla Levy 760-602-2733 tecla.levy@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL/BOARD APPROVED ACTION: DENIED CONTINUED WITHDRAWN AMENDED D n n D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D 10 11 12 and 13 EXHIBIT 1 RESOLUTION NO. 1417 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT, QUITCLAIMING A PORTION OF A WATERLINE EASEMENT LYING WITHIN LOT 8 OF MAP NO. 13434, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF POINSETTIA LANE AND AMBROSIA LANE, ON THE SITE OF THE DAYBREAK COMMUNITY CHURCH AND DAYCARE FACILITY. CASE NO.: PR 10-17 WHEREAS, Daybreak Community Church of Coastal North County has requested to quitclaim the waterline easement acquired per grant of easement to Carlsbad Municipal Water District (CMWD), recorded on September 13, 2001, in the Office of the County Recorder of San Diego County as file No. 2001-0656932 of Official Records (Waterline Easement); 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 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 2. That the CMWD approves the quitclaim of a portion of the waterline easement, 1. That the above recitations are true and correct. 19 20 Document No. 2001-0656932, as described in Exhibit A. 21 3. That the quitclaim deed (PR 10-17), which is on file with the Secretary and is 22 incorporated herein 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 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of 2 Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 26th day of April, 2011, by the following vote to wit: 4 5 AYES: Board Members Hall, Kulchin, Blackburn, Douglas and Packard. 6 NOES: None. 7 ABSENT: None.8 9 10 11 MATfHA'LL, President 12" 13 ATTEST: 14 15 16 LORRAINE M. WOOD, Secretary (SEAL) 17" 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 2 LOCATION MAP NOT TO SCALE PROJECT NAME WATER EASEMENT QUITCLAIM PORTION OF LOT 8 OF MAP 13434 PROJECT NUMBER SDPOO-06(A) EXHIBIT DRAWN BY: SCOTT EVANS. CARLSBAD UT1UT1ES DEPT. 2/08/11 C: \DEVELOPUENT PRO£CTS\SDP\SDPOO-06(A).DWG RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED, MAIL DEED AND TAX STATEMENTS TO: Daybreak Community Church of Coastal North County 6515 Ambrosia Lane Carlsbad, CA 92011 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 No(s).: 215-841-07-00 Project ID: SDP 00-06(A ) Related Project ID(s): PR 10-17 Project Name: Daybreak Community Church and Davcare 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 Daybreak Community Church of Coastal North County, a California non-profit religious 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 Carlsbara, 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 By MATT1 ., President ATTEST: LORRAINE M. WOOD, Secretary «na V,1' ,y ''""M,,,,,^' Doc ER-11-06 01/03/2011 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of (Here inert name and title of the oficer) personally appeared who proved to me on the basis of satisfactory evidence to be the person^s.) whose name^) is/ace_ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature^ on the instrument the person(S^ 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. jESS my hand and official seal. Signature of Notary Public (Notary Seal MORGEN FRY Commission #1918442 Notary Public • California 1 San Diego County 5 My Comm. Expire* Dec 24,2014^ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) /''' D Corporate Officer f/' (Title)x D PartnerX-sf D Attofney-in-Fact n..xfrustee(s) D Other INSTRUCTIONS FOR COMPLETING JHJS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate"acknowledgment form must be properly completed and attached to thalf,.etocument. The only exception is if a document is to be recorded outside of^alifornia. In such instances, any alternative acknowledgment verbiage as may^be printed on such a document so long as the verbiage does not require ihertotary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). 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If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary) • Securely attach this document to the signed document 2008 Version CAPA vl2.IO.07 800-873-9865 www.NotaryCIasses.com EXHIBIT 'A' WATER EASEMENT QUITCLAIM PR 10-17 LEGAL DESCRIPTION Being a portion of Lot 8 of City of Carlsbad Tract No. 92-3, in the city of Carlsbad, County of San Diego, State of California, according to Map No. 13434, filed in the Office of the County Recorder of San Diego County, June 23, 1997, more particularly described as follows: Beginning at the Southeast corner of said Lot 8, said point being on the westerly Right- of-Way line of Ambrosia Lane, being a point on a 1230.00 foot radius curve, concave easterly; thence northerly along said Right-of-Way line and said curve through a central angle of 8°15'18", an arc distance of 177.21 feet to the beginning of the northerly line of a Water Easement described in Doc. 2001-0656932, recorded Sept. 13, 2001, O.R., from which point a radial bears South 83°47'45" East; thence leaving said Right-of-Way line along said northerly line North 76°36'15" West, 272.36 feet to the beginning of a tangent 310.00 foot radius curve concave southerly; thence westerly along said curve through a central angle of 3°13'31" a distance of 17.45 feet to the True Point of Beginning, from which point a radial bears South 10° 10'14" West; thence continuing along said curve through a central angle of 3°23'44", a distance of 18.37 feet, to a point from which a radial bears South 6°46'30" West; thence leaving said curve North 6°46'30" East, 27.59 feet; thence South 81°23'03" East, 20.00 feet; thence South 10°10'14" West, 27.54 feet to the True Point of Beginning. Said Parcel contains 527 S.F., more or less. 4r— - EXHIBIT 'B1 POINSETTIA LANE MAP 13434 /*>$*; 0«(i-i A<=.' Lpi.8 A=3'13'31' R=310'L=17,45' 3ug§s*8* S 86*16'30* V BASIS OF BEARINGS MAP 13645 OPEN SPACE LOT 138 NORTH SCALE l'=120' EASEMENT QUITCLAIM AREA=527 SQ.FT., MORE OR LESS. LINEAR SURVEYS 5972 BUCK RAIL RD. CARLSBAD, CA 760-717-3848 CARLSBAD MUNICIPAL WATER DIS RICT DATE' OCT. 28, 2010 SCALE 1"=120' APN 215-841-07 WATER EASEMENT QUITCLAIM PORTION OF LOT 8 OF MAP NO. 13434 IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SHEET 1 OF 2 PR 10-17 REVISED EXHIBIT 'B1 MAP 13434 LOT 8 EXISTING WATER EASEMENT PER DDC 2001-0656932, REC. "9/13/2001, D.R. NORTH NOT TO SCALE INDICATES QUITCLAIM EASEMENT DATA BEARING/DELTA LENGTH RADIUS £b ® ® $© 3'13'31" 3*23'44' LN6*46'30'E <R> S81*23'03'E SIO'IO'14'V (R> 17.45' 18.37' 27.59' 20.00' 27.54' 310.00' 310.00' CARLSBAD MUNICIPAL WATER DIS RICT DATE'OCT. 28, 2010 SCALE NOT TO SCALE APN 215-841-07 WATER EASEMENT QUITCLAIM PORTION OF LOT 8 OF MAP NO. 13434 IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SHEET 2 OF 2 PR 10-17 REVISED