Loading...
HomeMy WebLinkAbout2011-10-11; Municipal Water District; 741; QUITCLAIM WATERLINE EASEMENT DOCUMENT NO. 185221 CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL AB* 741 MTG- 10/11/11 DEPT. CED APPROVAL OF THE QUITCLAIM OF A PORTION OF A WATERLINE EASEMENT AS DESCRIBED IN THAT CERTAIN EASEMENT DOCUMENT NO 1852 PR 09-38 DEPT. HEAD £f£> CITY ATTY. <£&• CITY MGR. (r^_- RECOMMENDED ACTION: ADOPT Resolution No. 1428 APPROVING the quitclaim of a portion of a waterline easement as described in that certain easement document recorded on January 4, 1963 as document no. 1852, generally located within the new high school site at the intersection of College Boulevard and Cannon Road, PR 09-38. ITEM EXPLANATION: The Carlsbad Unified School District (CUSD) is currently building a new high school campus on their property located at the northeast corner of the Cannon Road and College Boulevard intersection. A 20-foot water easement, document no. 1852, recorded on January 4, 1963, was dedicated to Carlsbad Municipal Water District (CMWD) for a recycled water main that crosses CUSD property to connect to the CMWD recycled water reservoir known as "Tank C" located on the adjacent property, as shown on DWG 921-1. The CUSD requested realignment of the existing recycled water main to avoid conflicts with the new high school development. On June 8, 2010, the City approved DWG 459- 9, the improvement plan for the new recycled water main alignment located at Cannon Road Extension. The new recycled water main has been built in accordance with DWG 459-9. The new line has been in service for several months and is fully functional to the satisfaction of CMWD staff. The school district subsequently requested that CMWD quitclaim the existing easement. Staff has confirmed that the easement in question is not in use by CMWD, and the easement is not needed now or in the future. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. 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 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. Resolution No. 1428 quitclaiming a portion of waterline easement as described in that certain easement recorded on January 4, 1963, as document no. 1852, PR 09-38 2. Location Map 3. Quitclaim Deed (PR 09-38) DEPARTMENT CONTACT: Tecla Levy 760-602-2733 tecla.lew@carlsbadca.gov FOR CITY CLERKS USE ONL Y. \S COUNCIL/BOARD ACTION: APPROVED J& CONTINUED TO DATE SPECIFIC D DENIED "** D\ CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER-SEE MINUTES D AMENDED D 1 2 3 4 5 6 7 8 9 10 11 12 13 EXHIBIT 1 RESOLUTION NO. 1428 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT, APPROVING THE QUITCLAIM OF A PORTION OF WATERLINE EASEMENT AS DESCRIBED IN THAT CERTAIN EASEMENT DOCUMENT NO. 1852, GENERALLY LOCATED WITHIN THE NEW HIGH SCHOOL SITE AT THE INTERSECTION OF COLLEGE BOULEVARD AND CANNON ROAD, PR 09-38 WHEREAS, Carlsbad Unified School District has requested to quitclaim the waterline easement acquired per grant of easement to Carlsbad Municipal Water District (CMWD), recorded January 4, 1963, in the Office of the County Recorder of San Diego County as file no. 1852 of Official Records (Waterline Easement); and and WHEREAS, the property owner has paid the standard fee for processing this quitclaim; WHEREAS, on June, 8, 2010, the City approved DWG 459-9, the improvement plan for the new recycled water main alignment located within the Cannon Road extension; and 14 WHEREAS, the new recycled water main has been built in accordance with DWG 459-9, 5 ' and is fully functional to the satisfaction of CMWD staff; and 6 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 18 appurtenant facilities. 19 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal 20 Water District of the City of Carlsbad, California, as follows: 21 1. That the above recitations are true and correct. 22 2. That the CMWD approves the quitclaim of a portion of the waterline easement as 23 described in that certain easement document no. 1852. 24 3. That the quitclaim deed (PR 09-38), which is on file with the Secretary and is 25 incorporated by this reference, is approved. 26 4. That the President is authorized to execute the quitclaim deed and the Secretary 27 is hereby authorized to record said document. 28" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 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 11th day of October 2011, by the following vote to wit: AYES: Board Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. MATfHAlL, President ATTEST: '—-H35RRAIN& M. WOOD, Secretary (SEAL) I ^sti"**'^''-.- 24 25 26 27 28 EXHIBIT 2 LOCATION MAP NOT TO SCALE i \t VICINITY SITE "MAP NOT TO SCALE PROJECT NAME QUITCLAIM WATER EASEMENT PROJECT NUMBER PR 09-38 EXHIBIT PLOTTED BY: ALFRED ROMERO PLOT DATE: 6/28/11 PATH: D:\DEPARTUENT\ENGINEERING-COUNTER\JECLAJ.EVY\CBHS_QUITCLAIU ESUNT_PR09-38\PR09-38.DVK RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED, MAIL DEED AND TAX STATEMENTS TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, CA 92008 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).: 168-050-19-00 Project ID: PD 08-07 Related Project ID(s): PR 09-38 Project Name: Carlsbad High School at College and Cannon 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 Unified School District ("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. 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 Executed on 2011, at Carlibad, California By MATT HALL, President ATTEST: u Doc ER-11-06 01/03/2011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT <3<«aeg!aes8SBe«ftgis@<se^ State of California County of -QCMP On (V.-i'flblur 13 ffi \' before me, Dote • personally appeared _ ..Insert Name^nd Title o( IheOH Name(s) ol Signer(s) SHEILA RENAEUOBIAN Commission # 1848471 z Notary Public • Calltornla 2 San Diego County -» who proved to me on the basis of satisfactory evidence to be the person^e) whose name(e£i§!&n:e-subscribed to the within instrument and acknowledged to me that (^bho/thay executed the same ii^hj^/her/thaii1 authorized capacityXies)-, and that by(fij^hef#be»f signature(e)-on the instrument the person^, or the entity upon behalf of which the person(ef 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 - fls^x ire ot~No!ary 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:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual Corporate Officer — Title(s): Q Partner — LJ Limited D General <3 Attorney in Fact Cl Trustee D Guardian or Conservator n 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 D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association-9350 Da SotoAve.. P.O.Box 2402-Chatsworth.CA 91313-2402-www.NationalNotary.org ltem«5907 Reorder:CallToll-Free 1-800-876-6827 Doc ER-11-06 01/03/2011 EXHIBIT "A" LEGAL DESCRIPTION OF QUITCLAIM WATER EASEMENT PR 09 - 38 THAT PORTION OF LOT E OF RANCHO AGUA HEDIONDA DESCRIBED IN DEED TO THE CARLSBAD UNIFIED SCHOOL DISTRICT (FORMALLY KNOWN AS OCEANSIDE- CARLSBAD UNION HIGH SCHOOL DISTRICT) AS DOCUMENT NUMBER 216959 RECORDED NOVEMBER 27,1970, OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NXJMBER 806, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16,1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHEASTERLY CORNER OF SATO DEED TO SAID CARLSBAD UNIFIED SCHOOL DISTRICT, SAID CORNER SHOWN ON RECORD OF SURVEY NUMBER 7918, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FORMED BY THEIR COURSES NORTH 53°22'00" EAST 2037.27 FEET, AND NORTH 33°13'10" WEST 891.30 FEET PER SAID RECORD OF SURVEY NUMBER 7918; THENCE NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID DEED TO SAID CARLSBAD UNIFIED SCHOOL DISTRICT, NORTH 33°13'29" WEST (NORTH 33°11 '55 WEST PER SAID DEED) (NORTH 33°13' 10 WEST PER SAID RECORD OF SURVEY NUMBER 7918) 640.13 FEET TO THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT AS DOCUMENT NUMBER 1852 AND RECORDED JANUARY 4,1963, OFFICIAL RECORDS; THENCE LEAVING SAID EASTERLY LINE OF SAID DEED TO SAID CARLSBAD UNIFIED SCHOOL DISTRICT, SOUTHWESTERLY ALONG THE CENTERLINE OF SAID 20.00 FOOT WIDE EASEMENT TO THE CARLSBAD MUNICIPAL WATER DISTRICT, SOUTH 57°02'16" WEST (SOUTH 55°58'24" WEST PER SAID DEED TO THE CARLSBAD MUNICIPAL WATER DISTRICT) (SOUTH 55°58'24" WEST PER SAID RECORD OF SURVEY NUMBER 7918) 69.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE OF SAID 20.00 FOOT WIDE EASEMENT SOUTH 57°02'16" WEST 1330.58 FEET TO A POINT ON THE EASTERLY LINE OF CITY OF CARLSBAD EASEMENT RECORDED APRIL 1,2003 AS DOCUMENT NUMBER 2003- 0362012, OFFICIAL RECORDS, SAID POINT BEING THE POINT OF TERMINATION. THE SIDELINES OF HEREIN DESCRIBED 20.00 FOOT WIDE EASEMENT SHALL BE PROLONGATED OR SHORTENED TO CREATE A CONTINUOUS FULL QUITCLAIM OF EASEMENT WIDTH AND TERMINATE AT AFORESAID EASTERLY LINE OF PAGE 1 OF 2 CITY OF CARLSBAD EASEMENT RECORDED APRIL 1, 2003 AS DOCUMENT NUMBER 2003-0362012, OFFICIAL RECORDS. AREA 26, 611.54 SQ.FT.0.611 ACRES MORE OR LESS ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B" THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. DOUGLASR. MEtCHIOR P.L.S.4611 LICENSE EXPIRES 9-30-2010 10-1-2009 DATE JN3205 PR-09-38 PAGE 2 OF 2 EXHIBIT "[N 3313'10" WL 25T571 N 57T)2'16' PM cc*co'oo* c~1[N 555822^ EJ 891.30] (N 3311'55' W 891.30) N 3313'29' _W 891.70* _ 640.131 CARLSBAD MUNICIPAL WATER DISTRICT ,, EASEMENT PER DOCf 1852 ' J REC 1-4-1963 \\ VICINITY MAP NO SCALE OF BIASING THE BASIS OF BEARING FOR THIS PLAT IS THE EASTERLY LINE OF ROS 17111; IE: N 0413'22' E «,1. i°. LSGEND P.O.B. = INDICATES POINT OF BEGINING T.P.O.B. = INDICATES TRUE POINT OF BEGINING P.O.T. = POINT OF TERMINUS ( ) = INDICATES RECORD DATA PER DEED REC 11-27-70 AS DOCf 216959 [ ] = INDICATES RECORD DATA PER ROS 7918 T INDICATES CARLSBAD MUNICIPAL WATER DISTRICT 20 FT WDE PUBLIC WATER EASEMENT PER DOCf 1852 REC 1-14-1963 (QUITCLAIMED) AREA: 26,611.54 SQ. FT. BEING 0.6109 ACRES MORE OR LESSGRAPHIC SCALE 0 200 SCALE 1 = 200 FEET CITY OF CARLSBAD EASEMENT PER DOC* 2003-0362012 THIS PLAT WAS PREPARED BY MEOR UNDO* MY DIRECTION 5731 PALMER WAY. SUITE G CARLSBAD. CALIFORNIA 92010 (760) 438-1726OR PLS 4611 SHEET 1 OF 1DOUGLAS CARLSBAD MUNICIPAL WATER DISTRICT DATE 10-01-09 SCALE: 1 "=20tf A.P.N. 168-050-19 QUITCLAIM WATER EASEMENT PLAT CARLSBAD HIGH SCHOOL IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DRAWN BY: R CROSS PR 09-38 REVISED: 10-01-09