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HomeMy WebLinkAbout2013-01-29; Municipal Water District; 763; Quitclaim Palomar Commons SDP 09-05 PR 12-0812 CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL AB# 763 l^^^- 1/29/13 DEPT. CED QUITCLAIM A PORTION OF A WATERLINE EASEMENT SOUTH OF PALOMAR AIRPORT ROAD WITHIN THE PALOMAR COMMONS PROJECT, SDP 09-05, PALOMAR COMMONS. PR 12-08 DEPT DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: ADOPT Resolution No. : 1462 quitclaiming a portion of a waterline easement lying within Lot G of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the office of the County Recorder of San Diego County on November 16, 1896, and generally located on the south side of Palomar Airport Road, west of El Camino Real, within the Palomar Commons project. ITEM EXPLANATION: On March 3, 2001 a grant deed of water line easement was recorded for waterline purposes across portions of property owned by the County of San Diego for the installation of waterline facilities to serve the North County Animal Shelter. Subsequent to the installafion and operafion of CMWD waterline facilifies within said easement, the city approved SDP 09-05, Palomar Commons, for the development of property adjacent to and easterly of the animal shelter. A portion of the facilities installed within said easement have been relocated as a condifion of approval of SDP 09-05. The relocated facilities have been installed in an easement granted to the city by the county and have been accepted for service by the Carlsbad Municipal Water District. Staff has confirmed the waterline facilities in the portion of said easement to be quitclaimed are not in use by CMWD, said facilities have been removed and the portion of said easement to be quitclaimed 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 CMWD. The waterline easement was granted to CMWD for no fee cost acquisition and CMWD will quitclaim a portion of the easement for no fee cost return to the property owner. Removal of the abandoned facilities is the responsibility of the property owner. The owner has paid the standard fee for processing this quitclaim. EXHIBITS: 1. 2. 3. 1462 Resolution No.. Location Map Quitclaim Deed (PR 12-08) DEPARTMENT CONTACT: Steve Bobbett, 760-602-2747, steve.bobbett@carlsbadca.gov FOR CITY CLERKS USE ONL Y BOARD ACTION: APPROVED X, DENIED • CONTINUED • WITHDRAWN • AMENDED • CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER-SEE MINUTES • EXHIBIT 1 RESOLUTION NO. .1462 1 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF 3 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), QUITCLAIMING A PORTION OF A WATERLINE EASEMENT 4 LYING WITHIN LOT G OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE 5 OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, AND GENERALLY 6 LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD, WEST OF EL CAMINO REAL, WITHIN THE PALOMAR 7 COMMONS PROJECT. CASE NO.: SDP 09-05, PR 12-08 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, it is in the interest of the Carlsbad Municipal Water District to quitclaim a portion of waterline easement acquired per grant of easement to Carlsbad Municipal Water District, recorded March 3, 2004 in the Office of the County Recorder of San Diego County as Doc. 2004-0174134 in the office ofthe County Recorder of San Diego County; and WHEREAS, a portion of said waterline easement is not required for the purpose for which it was granted and is not now nor is contemplated to be needed in the future for waterline purposes and appurtenant facilifies. NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Carlsbad Municipal Water District approves the quitclaim of a portion of the waterline easement lying within Lot G of Map No. 823, filed in the office of the County Recorder of San Diego County on November 16, 1896. 3. That the quitclaim deed (PR 12-08), which is on file with the Secretary and is incorporated 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." 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 Carisbad Municipal Water District of the City of Carisbad on the 29^^ day of January 2013, by the following vote to wit: AYES: Board Members Hall, Packard, Wood, Blackburn, Douglas. NOES: None. ABSENT: None. MA ATTEST: CO o EXHIBIT 2 LOCATION MAP NOT TO SCALE cm OF OCEANSIOE HICHWAY . SITE I VICINITY MAP NOT TO SCAU: PROJECT NAME PALOMAR COMMONS PROJECT NUMBER PR m EXHIBIT RECORDING REQUESTED BY: Carlsbad Municipal Water District AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carisbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103] 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 No(s).: 213-020-18 Project ID: SDP 09-05 Related Project ID(s):_ Project Name: PR 12-08 Palomar Commons Carisbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carisbad ("Grantor"), for a valuable conslderafion, the receipt and adequacy of which are hereby acl<nowledged, does hereby remise, release, and quitclaim to the County of San Diego, a political subdivision of the State of California, ("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 2013, at Carlsbi Isbiid, Califgi nia 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 HALL, President ATTEST EXHIBIT «A" WATER LINE EASEMENT QUITCLAIM LEGAL DESCRIPTION PR 12-08 PAGE 1 OF 1 THE LAND DESCRIBED HEREIN IS A PORTION OF PALOMAR AIRPORT IN LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 823, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER NOVMEBER 16,1896, LYING SOUTH OF PALOMAR AIRPORT ROAD, AS SHOWN ON RECORD OF SURVEY NO. 9939, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER FEBRUARY 27, 1985, DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE EASEMENT FOR PUBLIC WATERLINE PURPOSES GRANTED PER DOCUMENT RECORDED MARCH 3,2004 AS DOCUMENT NO. 2004- 0174134, OF OFFICL\L RECORDS, CONTAINED WITHIN COUNTY PARCEL NUMBER 2010-0045-A AS DESCRIBED IN DOCUMENT RECORDED OCTOBER 22,2010 AS DOCUMENT NO. 2010-0568211, OF OFFICL\L RECORDS. DATED THIS DAY OF yO^^'J 2012. DONALD ROY CURRY, i^. 7846 EXP. 12/31/12 EXHIBIT "B" WATER EASEMENT QUrTCLAIM PLAT PAGE 1 OF 1 LEGAL DESCRIPTION A PORTION OF LOT G OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER NOVEMBER 16, 1896. BASIS OF BEARINGS THE TARINGS USED HEREIN ARE BASED ON THE CCS 83 (NAD 83) GRID BEARING (EPOCH 1999.92) BETWEEN STATIONS SDGPS 41 AND CLSB-097. AS SAID STATIONS ARE LISTED IN RECORD OF SURVEY NO. 17271 GRAPHIC SCALE QUITCLAIM PLAT PR 12-08 OWNER COUNH OF SAN DIEGO PREPARED BY 5555 OVERLAND AVE. CMWD APN 760-221-96 BUILDING 2, ROOM 110 SAN DIEGO, CA 92123 ^ DONALD ROY CURRY. L.S. 7546 LICENSE EXP. 12'31-12 DATE FUSCOE ENGINEERING INC, 6390 GREENWICH DR. NO.170 SAN DIEGO, CA 92122 (858) 554-1500 n CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of .S^jn T^iejO } On-^nm^^^^^U^ before me, .y^lf,'^^ ^ ^JI^^^S^l^L^j'^J b I • 'o.- personally appeared Name(s) of Signerfs) Ml (jiStl SHEILA RENAE COBIAN Commission # 1848471 Notary Public - California San Diego County My Comm. Expires May 10,2013 who proved to me on the basis of satisfactory evidence to be the person^whose name^a®are-subscribed to the thin instrument and acknowledged to me that ^sj^he^ttiey executed the same inC@heB^r authorized capacfty(ie^, and that byC6S»or/tholr SK;nature(^ on the instrument the persow^ 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 - of IMotaiy Though the intormation betow 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 fa another document Description of Attached Document Title or Type of Documerrt: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Slgner(s) Signer's Name: • Individual Corporate Officer — Tit[e(s): Partner— L_" Limited L General L Attorney in Fact L_ Trustee • Guardian or Conservator r Other: Signer Is Representing: RtGHTTHUWBPRINT OF SJGNER Top ctf if-urr>b here Signer's Name: ~ Individual I Corporate Officer —Title(s): _ Partner — ]_ Limited _ General Z Attorney in Fact I Trustee ~ Guardian or Conservator 1 Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top ot rhumb he'e €l3007Nalfona»N»WafyAssociatKxt.9350DeSotoAve.,RO.Box2402.Chats^^ 91313-24(K« www.NaSonalNOfary.ofg Item^sgo? Reorder Call Toll-FfBe 1-800-876-6827 Doc ER-11-06 01/03/2011