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HomeMy WebLinkAbout2012-11-06; Municipal Water District; 759; Quitclaim Waterline Lot 89 Mao 13434 PR 12-3216 CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL AB# MTG. DEPT. 759 11/6/12 CED QUITCLAIIVl A PORTION OF A WATERLINE EASEMENT LYING WITHIN LOT 8 OF MAP NO. 13434 PR 12-32 DEPT. HEAD CITY ATTY. CITY MGR. 1^^ RECOMMENDED ACTION: Adopt Resolution No. 1452 quitclaiming a poilion 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 June 6, 2012, the Planning Commission approved Resolution No. 6884, a Site Development Plan Amendment' (SDP 00-066), to allow for a 8,830 square foot expansion to an existing two-story administration and classroom building. This expansion necessitated some changes to the existing waterline, including the relocation of an existing 6" fire service. 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: 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 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 Resolution No. 1452 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 2. Location Map 3. Quitclaim Deed (PR 12-32) DEPARTMENT CONTACT: Tecia levy 760-602-2733 Tecla.Levy(gcarlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL/BOARD APPROVED ACTION: DENIED CONTINUED WITHDRAWN AMENDED X • • • • CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER-SEE MINUTES • 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 EXHIBIT 1 RESOLUTION NO. 1452 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 12-32 WHEREAS, Daybreak Community Church of Coastal North County has requested to quitclaim a portion of the waterline easement acquired per grant deed 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; and WHEREAS, said portion of the 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. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Water District ofthe City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the CMWD approves the quitclaim of a portion of the waterline easement, Document No. 2001-0656932, as described in Exhibit A. 3. That the quitclaim deed (PR 12-32), which is on file with the Secretary and is incorporated herein by this reference, is approved. 4. That the President is authorized to execute the quitclaim deed and the Secretary is hereby authorized to record said document. /// /// 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 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District Board of Directors, held on the 6th day of November, 2012, by the following vote: AYES: NOES: ABSENT: Board Members Hall, Kulchin, Blackbum, Douglas and Packard None None MATT HALL, President ATTEST: = £0 O ^5 EXHIBIT 2 VICINITY MAP PROJECT NAME QUITCLAIM WATERLINE EASEMENT PROJECT NUMBER PR 12-32 EXHIBIT S!l^Y^LFRE^OMEROyRANSPROTAION DEPT. 9/28/12. C:\Departmetns_Projecls\ENGINEERlNG-COUNTER\Teclo_Levy\LOCATION-UAP RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 -SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED OF EASEMENT 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): 215-841-07-00 Project ID: SDP 00-06(B) Related Project ID(s): PR 12-32 Project Name: Davbreak Community Church 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 November 6 2012, 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 President ATTEST: ,^^^^s^jB t3,^^>^^c r e t ar y Doc ER-11-06 02/16/2012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of vSaVN "^\<^0 } On_iilkliJil Date personally appeared before me, Ham Insert Name and Trtik cR the Officer 1 Name(s) ot Slgner(s) SHEILA RENAE COBIAN Commission # 1848471 Notary Public - California 1 I ^^fmmg/ San Diego County . I ^flSBB*^ Mv Comm. Expires May 10,20131 who proved to me on the basis of satisfactory evidence to be the persoa(8)r whose name(s)(©'aFe-subscribed to the within instrument and acknowledged to me that (^sho/thoy executed the same \r(H^a9(Mmr authorized capacity(ifi^, and that by(jj§}lier/thoir signature(e:)'on the instrument the person(^, or the entity upon behalf of which the persoo(8^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 Aljove WITNESS my hand and official seal. Signature ^H^cAjTVlSi ,(M)i I dignalure of Notdry Public OPTIONAL Thougfi the information below is not required by law, it may prove valualyle 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: Signer(s) Other Than Named Above: Number of Pages: Capacity(le8) Claimed by Signer(s) Signer's Name: r Individual Corporate Officer — Title(s) i Z Partner — U Limited U General C Attorney in Fact L Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual G Corporate Officer -—Title(s): U Partner — • Limited U General u Attorney in Fact Trustee • Guardian or Conservator C Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National f»totary Association* 9350 De Soto Ave.. P.O.Box 2402*Oiatswortti.CA 91313-2402•www.NationalNotary.org Item »5907 Reorder:CallTdl-Free 1-800-876-6827 Doc ER-11-06 02/16/2012 SHEET 1 OF 2 EXHIBIT ^^A^^ PR 12-32 LEGAL DESCRIPTION (QUITCLAIM OF WATER LINE EASEMENT) 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 THEREOF NO. 13434. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 23, 1997, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 8. SAID POINT BEING ON A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 1230.00 FEET AND TO WHICH POINT A RADIAL BEARING BEARS SOUTH 87*'56'57" WEST; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 8 AND ALONG SAID CURVE, 177.21 FEET THROUGH A CENTRAL ANGLE OF 08*'15'18" TO THE NORTHEAST CORNER OF THAT CERTAIN EXISTING WATER LINE EASEMENT RECORDED SEPTEMBER 13, 2001 AS DOCUMENT NO. 2001-0656932 OF OFFICIAL RECORDS AND TO WHICH POINT A RADIAL LINE BEARS NORTH 83°47'45" WEST; THENCE LEAVING SAID EASTERLY BOUNDARY LINE AND ALONG THE NORTHERLY LINE OF SAID EXISTING WATER LINE EASEMENT, NORTH 76''36'15" WEST 272.36 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 310.00 FEET; THENCE WESTERLY ALONG SAID CURVE, 17.45 FEET THROUGH A CENTRAL ANGLE OF 03°13'31" TO THE SOUTHEAST CORNER OF THAT CERTAIN WATER LINE EASEMENT QUITCLAIMED PER DEED RECORDED MAY 9, 2011 AS DOCUMENT NO. 2011-0240035 OF OFFICIAL RECORDS AND TO WHICH POINT A RADIAL LINE BEARS NORTH lO^IO'U" EAST; THENCE LEAVING THE NORTHERLY LINE OF THE AFOREDESCRIBED WATER LINE EASEMENT. ALONG THE SOUTHERLY BOUNDARY LINE OF SAID QUITCLAIMED WATER LINE EASEMENT AND CONTINUING ALONG SAID CURVE. 18.37 FEET THROUGH A CENTRAL ANGLE OF 03*'23'44" TO THE SOUTHWEST CORNER OF SAID QUITCLAIMED WATER LINE EASEMENT AND TO WHICH POINT A RADIAL LINE BEARS NORTH 06M6'30" EAST. SAID POINT ALSO BEING AN ANGLE POINT IN THE GENERALLY 7 SHEET 2 OF 2 NORTHERLY LINE OF THE AFOREDESCRIBED EXISTING WATER LINE EASEMENT; THENCE LEAVING SAID QUITCLAIMED WATER LINE EASEMENT, ALONG THE NORTHERLY LINE OF THE SAID EXISTING WATER LINE EASEMENT AND CONTINUING ALONG SAID CURVE. 18.22 FEET THROUGH A CENTRAL ANGLE OF 03'*22'04" TO A RADIAL LINE OF SAID CURVE WHICH BEARS NORTH 03°24'26" EAST; THENCE RADIAL TO SAID CURVE, NORTH 03*24'26" EAST 13.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RADIAL LINE AND THE GENERALLY NORTHERLY LINE OF SAID EXISTING WATER LINE EASEMENT, NORTH 03°24'26" EAST 5.00 FEET; THENCE NORTH 88''27'55" WEST 18.98 FEET; THENCE SOUTH 0r46'25" EAST 3.20 FEET; THENCE SOUTH 88*'13'35" WEST 20.00 FEET; THENCE SOUTH 03''24'28" EAST 15.29 FEET TO AN ANGLE POINT IN SAID GENERALLY NOTHERLY LINE, SAID ANGLE POINT BEING ON A CURVE CONCAVE SOUTHERLY. HAVING A RADIUS OF 310.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS NORTH 03*'24'28" WEST; THENCE LEAVING SAID GENERALLY NORTHERLY LINE, EASTERLY, ALONG THE EASTERLY PROLONGATION OF SAID CURVE, 19.57 FEET THROUGH A CENTRAL ANGLE OF 03**37'00" EAST TO A POINT ON THE SOUTHERLY PROLONGATION OF THE AFORESAID COURSE DESCRIBED AS BEING "SOUTH 0r46'25" EAST 3.20 FEET"; THENCE ALONG SAID SOUTHERLY PROLONGATION, NORTH 0r46'25" WEST 13.53 FEET TO A LINE THAT IS PARALLEL WITH AND 5.00 FEET SOUTHERLY OF THE AFORESAID COURSE DESCRIBED AS BEING "NORTH 88''27'55" WEST 18.98 FEET'; THENCE ALONG SAID PARALLEL LINE NORTH 88''27'55" WEST 18.53 FEET, TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 395 SQUARE FEET, MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY ME OR UNDER MY SUPERVISION: )REN G. SANDBERG, P.L.S. 8365 REGISTRATION EXPIRES: 12-31-13 September 24. 2012 DATE EXHIBIT "B PR 31 - 32 ^--POLNSETT!A__j^ O I o 00 o I If) CM z a. < N 86*55'00° W 236.35' i 30- WATER EASEMENT REC. 7/21/1958 BOOK 7174 PG. 290, O.R. JVJAP 13434 LOT 8 67.44> SEE DETAIL SHEET2 ro CO ID \ 00 to to b o 6P0\ N 86-16*30" E 535.47' BASIS OF BEARINGS MAP 13646 OP£N SPACE LOT 136 PREPARED BY: LGS ENGINEERING 628 N ECKHOFF ST ORANGE, CA. 92868 p.O.C. SOUTHEAST ^ CORNER OF LOT 8 SCALE: r=100* LEGEND EASEMENT QUITCLAIM AREA=395 S.F.± CARLSBAD MUNICIPAL WATER DISTRICT DATE: SEPTEMBER 24, 2012 WATER EASEMENT QUITCLAIM A PORTION OF LOT 8 OF MAP NO. 13434 IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SHEET: ^ Qp 2 SCALE: 1" = 100' WATER EASEMENT QUITCLAIM A PORTION OF LOT 8 OF MAP NO. 13434 IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA PR 31 - 32 215-841-07 WATER EASEMENT QUITCLAIM A PORTION OF LOT 8 OF MAP NO. 13434 IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA REVISED: EXHIBIT "B" PR 31 - 32 VJAP 13434 LOT 8 T.P.O.B / NOT TO SCALE DEED REC. 5-9-1 Ij AS DOC. NO. 2011-0240035, O.R. 1 N 86-16'30'' E PO.C. SOUTHEAST CORNER OF LOT 8 VICINITY MAP NOT TO SCALE INDICATES QUITCLAIM AREA = 395 S.F. ± PREPARED BY: LGS ENGINEERING 628 N ECKHOFF ST ORANGE, CA. 92868 PROJECT SITE EASEMENT DATA BEARING/DELTA LENGTH RADIUS 03*13'31" 17.45' 310.00' 0y23'44" 18.37' 310.00' <1> 03*22*04" 18.22' 310.00' <i> N03-24'26"E (R) 18.60' - <1> N88*27'55"W 18.98' - N0r46'25"W • 3.20' - <Z> N88*13'35"E 20.00' - <1> 03'37'00" 19.57' 310.00' <1> N0r46'25"W (R) 13.53' - N88*27'55"W 18.53' - N03-24*26"E (R) 13.60' - CARLSBAD MUNICIPAL WATER DISTRICT DATE: SEPTEMBER 24, 2012 SCALE: NOT TO SCALE APN: 215-841-07 WATER EASEMENT QUITCLAIM A 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: PR 31 - 32 REVISED: (0