HomeMy WebLinkAbout2013-06-18; Municipal Water District; 771; Quitclaim Waterline Easement Palomar PR 08-19CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL 14
AB# 771 QUITCLAIM OF A 20-FOOT WIDE WATERLINE
EASEMENT AT MCCLELLAN-PALOMAR AIRPORT
PR 08-19
DEPT. DIRECTOR ^^yT^Jg-'
WITG. 6/18/13
QUITCLAIM OF A 20-FOOT WIDE WATERLINE
EASEMENT AT MCCLELLAN-PALOMAR AIRPORT
PR 08-19
CITY ATTORNEY ""^J^
DEPT. CED
QUITCLAIM OF A 20-FOOT WIDE WATERLINE
EASEMENT AT MCCLELLAN-PALOMAR AIRPORT
PR 08-19 CITY MANAGER ^
RECOMMENDED ACTION:
ADOPT Resolution No. 1474 quitclaiming a 20-foot wide wateriine easement lying over a
portion of Lot "G" of Rancho Agua Hedionda, generally located at 2006 Palomar Airport Road at
McClellan-Palomar Airport.
ITEM EXPLANATION:
The County of San Diego, the property owner of a portion of land leased by SCIF Palomar, LLC, a
Delaware limited liability company, requests that a wateriine easement located at 2006 Palomar
Airport Road be quitclaimed.
In 2004, public wateriines and fire hydrants were proposed for the Magellan Aviation Hangars at 2006
Palomar Airport Road. These water facilities were planned as part of the development of the Aviation
Hangars approved under CUP 172. Although the hangars were built, final design of the water
improvement plans were eventually abandoned since these water facilities would only be needed if
future phases were constructed. Consequently the water facilities were never built. On October 21,
2005, prior to the decision being made to abandon construction of the water facilities, the easement
for the wateriine was recorded. Since the wateriines were never built nor is it anticipated that the
facilities would ever be publicly owned and maintained if built in the future, the easement is no longer
needed and thus, a quitclaim of the easement is requested.
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 wateriine easement was granted to Carisbad Municipal Water District for no fee cost acquisition
and the Water District will quitclaim the easement for no fee cost return to the property owner. The
City is processing this quitclaim in the interest of removing an unnecessary encumbrance on the
property and clarifying utility maintenance responsibilities at the airport.
DEPARTMENT CONTACT: David Rick 760-602-2781 david.rick@carisbadca.gov
FOR CITY CLERKS USE ONL Y
BOARD ACTION: APPROVED ^
DENIED •
CONTINUED •
WITHDRAWN •
AMENDED •
CONTINUED TO DATE SPECIFIC •
CONTINUED TO DATE UNKNOWN •
RETURNED TO STAFF •
OTHER-SEE MINUTES •
Page 2
EXHIBITS:
1. Resolution No. 1474 quitclaiming a 20-foot wide wateriine easement, PR 08-19
2. Location map
3. Quitclaim Deed (PR 08-19)
4. Letter from the County of San Diego dated May 14, 2013 requesting quitclaim of water
easement.
EXHIBIT 1
21
22
23
24
25
26
27
28
RESOLUTION NO. 1474 1
2
A RESOLUTION OF THE BOARD OF DIRECTORS OF
3 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD),
QUITCLAIMING A 20-FOOT WIDE WATERLINE EASEMENT
4 LYING OVER A PORTION OF LOT "G" OF RANCHO AGUA
HEDIONDA, GENERALLY LOCATED AT 2006 PALOMAR
5 AIRPORT ROAD AT MCCLELLAN-PALOMAR AIRPORT, PR 08-
19.
6
7
8
9
10
11
12
13
14
15
16
WHEREAS, the County of San Diego is requesting the quitclaim of a 20-foot wide
wateriine easement acquired per a deed granted to the Carisbad Municipal Water District, a
Public Agency recorded October 21, 2005 filed in the Office of the County recorder of San Diego
County as Document No. 2005-0916162 of Official Records; and
WHEREAS, the said easement is no longer required for the purpose for which it was
granted and is not now, nor is it contemplated to be, needed for wateriine purposes and
appurtenant facilities; and
WHEREAS, the Board of Directors of CMWD has determined it to be in the public interest
to quitclaim said easement; and
NOW, THEREFORE, BE IT RESOLVED by the Carisbad Municipal Water District Board
of the City of Carisbad, California, as follows:
''^ 1. That the above recitations are true and correct.
18 2. That the Quitclaim Deed conveying the wateriine easement within a portion of Lot
19 "G" of Rancho Agua Hedionda, Partition Map No. 823 to County of San Diego, which is on file
20 with the City Clerk and is incorporated by this reference, is approved.
3. That the President is authorized to execute the deed and the Secretary is hereby
authorized to release the original Quitclaim Deed to County of San Diego.
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PASSED, APPROVED AND ADOPTED at a Special Meeting ofthe Carlsbad Municipal
Water District of the City of Carlsbad on the 18^^ day of June, 2013, by the following vote to wit:
AYES:
NOES:
Board Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
ATTEST:
BARBARA ENGLESOI^Secretary
EXHIBIT 2
LOCATION MAP
NOT TO SCALE
PROJECT NAME MAGELLAN AVIATION HANGERS
WATERLINE QUITCLAIM
PROJECT NUMBER
PR08-19
EXHIBIT
DRAWN BY: SCOTT EVANS. CARLSBAD UVUVES DEPT. 5/16/12 D:\DEVELOPUENT PR0JECTS\PR\PR0S-19.DWG
s
RECORDING REQUESTED BY:
Carlsbad Municipal Water District
WHEN RECORDED MAIL TO:
District Secretary
Carlsbad Municipal Water District
1200 Carisbad Village Dr.
Carisbad, 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).: 760-221-73-00
Project ID: PD 06-21
Related Project ID(s): PR 08-19
Project Name: Magellan Aviation Hangers
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 consideration, the receipt
and adequacy of which are hereby acknowledged, does hereby remise, release, and quitclaim to
County of San Diego ("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 Carlsbad, California
GRANTOR: Carisbad Municipal Water District, a public
agency organized under the Municipal Water Act of 1911,
and a subsidiary district of the City of Carisbad
MATT h/ALL, President
ATTEST:
BARBARA ENGLESON, Sefcretary
Doc ER-11-06
02/16/2012
EXHIBIT A
PR 08-19
LEGAL DESCRIPTION FOR WATER EASEMENT QUITCLAIM
That portion of McClellan-Palomar Airport described in document No. 2005-0916162 filed in
the Office ofthe County Recorder of San Diego County recorded October 21, 2005, being a
portion of Lot "G" of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego,
State of California, according to Partition Map thereof No. 823 filed in the Office of the County
Recorder of San Diego County on November 16,1896.
Ui O z S
IS
CO F> o
EASEMENT DATA
NO. BEARING LENGTH NO. BEARING LENGTH
1 S 79"44'0r W 545.20' 11 N 79'44'Or E 12.00'
2 N 1015*59" W 289.04' 12 S 10*15'59'' E 10.00'
3 S 79'44'Or W 21.86' 13 N 79*44'0r E 8.00'
4 N 10'15'59" W 700' 14 S 10*15'59'' E 66.89'
5 S 79*44'or W 5.00' 15 N 79*44'01'' E 164.25'
6 N 10'15'59" W 13.00' 16 S 10*15*59" E 20.00'
7 N 79'44'Or E 26.86' 17 S 79*44'0r W 305.13'
8 N 1015'59" W 16.49' 18 S 1015'59'' E 285.54'
9 N 79*44'0r E 140.88' 19 N 79*44'01'' E 525.18'
10 N 10-15'59" W 76.89' 20 S 1019'ir E 20.00'
LOT G
RANCHO AGUA HEDIONDA
AVJATJON L£AS£ PARCEL A(A) f2006-0183-AJ
P.O.C.
MOST S'LY CORNER
McCLELLAN-PALOMAR AIRPORT
R.O.S. 17732 PARCEL A(BJ 12005-0183-33
LEGEND: N 79*40'49'' E 647.15'
P.O.C.
T.P.O.B.
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
LEASE BOUNDARY
INDICATES QUITCLAIM AREA AS DESCRIBED IN DOC.
No. 2005-0916162 O.R. REC'D OCTOBER 21. 2005
BASIS OF BEARINGS:
TTHE BASIS OF BEARINGS FOR THIS PLAT IS THE MOST
NORTHEASTERLY UNE OF MAP No. 11288 AS SHOWN ON R.O.S.
17996. SAID BEARINGS ARE BASED ON CCS83, ZONE 6.
I.e. NiGig'irw
LEGAL DESRCIPTION:
THAT PORTION OF McCLELLAN-PALOMAR AIRPORT, AS DESCRIBED IN
DEED TO THE COUNTY OF SAN DIEGO. REC. FEBRUARY 17, 1958
BOOK 6952 PAGE 391 O.R. BEING A PORTION OF LOT 'G' OF
RANCHO AGUA HEDIONDA. IN THE COUNTY OF SAN DIEGO. STATE OF
CAUFORNIA. ACCORDING TO PARTITION MAP THEREOF No. 823. FILED
IN THE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.
VICINITY MAP
N.T.S.
SHEET 1 OF 1 SHEETS
EXHIBIT "B"
Carlsbad Municipal Water District
WATER EASEMENT
QUITCLAIM
PR 08-19
FREDERICK R. LePAGE
P.LS. 7524 EXP. 12/31/2009
Carlsbad Municipal Water District
WATER EASEMENT
QUITCLAIM APN 760-221-73
DIMENSION UND
SURVEYING & MAPPING
P.O. BOX 2796
RAMONA, CA 92065
PHONE & FAX (760) 789-3166
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of Sa nVxeA^r,
On before me,
\j (Here insertji||bie and title of the officet)J
personally appeared
who proved to me on the basis of satisfactory evidence to be the person^) whose namejV) is/afe-subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/hef/their authorized
capacityOes), and that by his/hep/tfeeir signature(-s) on the instmment the person(^, or the entity upon behalf of
which the person(s)-acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph
is true and correct.
WITNpSS my hand and offidal seal.
Sighstfure of Notary Public
(Notary Seal)
MORGEN FRY
Commission # 1918442
Notary Public - California
San Oiego County
I
My Comm. Expires Dec 24,20141
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(Title or description of attached document cpntinued)
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CAPACITY CLAIMED BY THE SIGNER
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(Title)
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PETER DRINKWATER
DIRECTOR OF AIRPORTS
May 14, 2013
DEPARTMENT OF PUBLIC WORKS
COUNTY AIRPORTS
1960 Joe Crosson Drive, El Cajon, CA 92020
(619) 956-4800 FAX: (619) 956-4801
Web Site: www.sdcountyatrports.com
Mr. Glen Van Peski, P.E.
City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Dear Mr. Van Peski:
MCCLELLAN-PALOMAR AIRPORT - COUNTY PARCEL NUMBER 2005-0176-A -
REQUEST FOR QUITCLAIM OF 20-FT WIDE WATERLINE EASEMENT
In conjunction with Magellan Aviation's redevelopment project at McClellan-Palomar Airport,
County of San Diego issued to the Carlsbad Municipal Water District a GRANT DEED OF
WATERLINE EASEMENT recorded on October 21, 2005 as File/Page No. 2005-0916162
of Official Records of San Diego County, California, and describing land therein as shown in
Exhibit A (PR 04-29) attached hereto.
It is County's understanding that the proposed wateriines and fire hydrants which
necessitated this easement were never built and it is not anticipated that the facilities will be
built in the future. As such, this easement is no longer needed and County requests the
Carlsbad Municipal Water District quitclaim the easement for no fee cost return to County
as the underlying fee owner of the property.
If you have any questions regarding this matter, please contact me, or Anne Baldwin of my
staff at (619) 956-4819.
Peter Dnnk
Director of AU^ports
Enclosure
Cc: David Rick, Associate Engineer, City of Carlsbad, 1635 Faraday Avenue, Carlsbad,
CA 92008, david.rickO)carlsbadca.qov
Safe Communities • Sustainahie Environments * Healthy Families
EXHIBIT A
PR 04-29
LEGAL DESCRIPTION
PUBLIC WATER EASEMENT
THAT PORTION OF McCLELLAN-PALOMAR AIRPORT, BEING A PORTION OF LOT "G" OF THE
RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE PARTITION MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF McCLELLAN-PALOMAR AIRPORT, AS
SHOWN ON RECORD OF SURVEY NO. 17732, BEING ALSO THE NORTHWEST CORNER OF LOT 32
OF CARLSBAD TRACT NO. 81-46, ACCORDING TO MAP THEREOF NO. 11288; THENCE ALONG
THE SOUTHERLY LINE OF MCCLELLAN-PALOMAR AIRPORT NORTH 79^40*49" EAST, 647.15
FEET; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 10°19'11" WEST, 153.29 FEET to the
TRUE POINT OF BEGINNING; THENCE, SOUTH 79°44'01" WEST, 545.20 FEET; THENCE NORTH
10^5*59" WEST, 289.04 FEET; THENCE SOUTH 79**44'01" WEST, 21.86 FEET; THENCE NORTH
10«15'59" WEST, 7.00 FEET; THENCE SOUTH 79*'44'01" WEST, 5.00 FEET; THENCE NORTH 10°15'59"
WEST, 13.00 FEET; THENCE NORTH 79M4'01" EAST, 28.86 FEET; THENCE NORTH 10°15'59" WEST,
16.49 FEET; THENCE NORTH 79M4'01" EAST, 140.88; THENCE NORTH 10*'I5'59" WEST, 76.89 FEET;
THENCE NORTH 79**44'01" EAST, 12.00 FEET; THENCE SOUTH 10*'15'59" EAST, 10.00 FEET;
THENCE NORTH 79°44'01" EAST, 8.00 FEET; THENCE SOUTH 10**15'59" EAST, 66.89 FEET; THENCE
NORTH 79^44*01" EAST, 164.25 FEET; THENCE SOUTH 10n5'59" EAST, 20.00 FEET; THENCE
SOUTH 79°44*01" WEST, 305.13 FEET; THENCE SOUTH 10°15*59" EAST, 285.54 FEET; THENCE
NORTH 79M4'01" EAST, 525.18 FEET; THENCE SOUTH 10°19U1" EAST, 20.00 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINS 25,077 SQ. FT., 0.576 ACRES, MORE OR LESS.
ROBERT C. IMSANDE
R.CE. 25609
EXPIRATION DATE 12/31/2005
DATE