HomeMy WebLinkAbout2015-01-13; Municipal Water District; 794; Quitclaim EasementoQ CAR�f
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CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL
AB# 794 1 / 13 / 15 DEPT. DIRECTOR
MTG. QUITCLAIM OF A WATER LINE EASEMENT LOCATED AT CITY ATTORNEY
5600 AVENIDA ENCINAS, PR 14-45
DEPT. CED CITY MANAGER
RECOMMENDED ACTION:
Adopt Resolution No. 1509 quitclaiming a water line easement located at 5600 Avenida Encinas,
generally located on the west side of Avenida Encinas between Palomar Airport Road and Cannon Road, on the
Floral Trade Center site.
ITEM EXPLANATION:
On August 5, 2014, the Carlsbad Municipal Water District recorded a public water easement (Doc. No. 2014-
0332679) over existing on —site water facilities at 5600 Avenida Encinas. The easement was recorded with the
understanding that the existing on -site water system should be publicly maintained since the water system
includes fire hydrants. On -site fire hydrants are publicly owned and maintained per city policy.
Once construction began and much of the system was unearthed, it became clear, however, that the system
was not built to current city standards. Converting the entire water system to meet public standards would
require a complete redesign and replacement of the water facilities. Rather than require a complete redesign
of the system, the city and developer agreed to convert the water system back to a private facility with select
upgrades to the water system needed to ensure protection of the public water system and to ensure that
adequate fire sprinkler and fire hydrant systems are constructed. Although public systems are preferred, the
city has permitted other projects to construct private fire hydrant water systems when circumstances
warranted.
The city fire marshal and district engineer have reviewed and approved the revisions to the water system
(DWG 480-9A) and are satisfied that said system will provide the necessary protection to public life and
property. The Fire Department requires submittal of scheduled fire flow testing and maintenance reports to
ensure adequate fire protection is maintained.
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.
DEPARTMENT CONTACT: David Rick 760-602-2781 david.rick@carlsbadca.gov
FOR CITY CLERKS USE ONLY
BOARD ACTION: APPROVED
CONTINUED TO DATE SPECIFIC
❑
DENIED
CONTINUED TO DATE UNKNOWN
❑
CONTINUED
❑
RETURNED TO STAFF
❑
WITHDRAWN
❑
OTHER — SEE MINUTES
❑
AMENDED
13
Quitclaim of Water line Easement
Page 2 of 2
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.
PUBLIC NOTIFICATION:
No public notification is required.
EXHIBITS:
1. Resolution No. 1509 quitclaiming a water line easement located at 5600 Avenida Encinas,
generally located on the west side of Avenida Encinas between Palomar Airport Road and Cannon Road, on the
Floral Trade Center site
2. Location Map
3. Quitclaim deed (PR 14-45)
EXHIBIT 1
1
RESOLUTION NO. 1509
2
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL
3 WATER DISTRICT (CMWD), QUITCLAIMING A WATER LINE EASEMENT
LOCATED AT 5600 AVENIDA ENCINAS, GENERALLY LOCATED ON THE
4 WEST SIDE OF AVENIDA ENCINAS BETWEEN PALOMAR AIRPORT ROAD
5 AND CANNON ROAD, ON THE FLORAL TRADE CENTER SITE.
CASE NO. PR 14-45
6
WHEREAS, The Malt -Carlsbad LLC, a California limited liability company, owner of
7
property at 5600 Avenida Encinas, has requested to quitclaim all of the waterline easement acquired per
8
grant deed of easement to Carlsbad Municipal Water District (CMWD), recorded on August 5, 2014, in
9
the Office of the County Recorder of San Diego County as file No. 2014-0332679 of Official Records; and
10
11 WHEREAS, said water easement is not required for the purpose for which it was granted
12 and is not now, nor is it contemplated to be, needed for future waterline purposes and appurtenant
13 facilities.
14 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of
15 the City of Carlsbad, California, as follows:
16 1. That the above recitations are true and correct.
17 2. That the CMWD approves the quitclaim of all of the water easement, Document
18 No. 2014-0332679, as described in Exhibit A.
19 3. That the quitclaim deed (PR 14-45), which is on file with the Secretary and is
20 incorporated herein by reference, is approved.
21 4. That the President is authorized to execute the quitclaim deed and the
Secretary is hereby authorized to record said document.
22
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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 13th day of January 2015, by
the following vote to wit:
AYES: Board Members Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
MATT HALL, Presi ent
ATTEST:
BARBARA ENGLESON, cretary
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a i "k:
EXHIBIT 2
LOCATION MAP
I PROJECT NAME PROJECT QUITCLAIM
RA�TR,4DECEN ER ENT I PNUMBER
R14-45I EXHIBIT I
PLOTTED BY. SCOTT EVANS PLOT DATE:11/24/14 PA7H:D:\DEVELOPMENT PROXCTS\PR\AUTOCAD\PR14-45.DWG
RECORDING REQUESTED BY:
Carlsbad Municipal Water District
WHEN RECORDED MAIL TO:
District Secretary
Carlsbad Municipal Water District
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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).: 210-090-50-00
Project ID: CD 13-18
Related Project ID(s): PR 14-45, PIP 89-08(A)
Project Name: FLORAL TRADE CENTER
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 The
Malt -Carlsbad LLC, a California limited liability company ("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 J'&ntta GRANTOR: Carlsbad Municipal Water District, a public
2015, at Carlsbad, California agency organized under the Municipal Water Act of 1911,
and a subsidiary district of the City of Carlsbad
By
MATT HALL, President
ATTEST:
f1e
BARBARA ENGIL ON, Secretary
Doc ER-11-06
02/16/2012
ALL-PURPOSECALIFORNIA O.
A notary public or other officer completing this certfcate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of M. t . pyA o )
On r
,� �� before me, V
Date -A Hbre Insert Nag6 and Title o the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personN whose name(*) is/are
subscribed to the within instrument and acknowledged to me that he%geAhey executed the same in
his/he~ authorized capacity(ies), and that by his„^�;e;.� signature*on the instrument the person(e),
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 California that the foregoing paragraph
is true and correct.
MORGEN FRY WITNESS my hand and official seal.
Commission i 2091497
Notary Pubhe . CaNk Ms L1
San Signature
Comm- E� 0 ft24 2018 Signature 6 Notary P
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document �"
? Title or Type of Document: (I Aj+L) t I �Yi E X P(' J�-1 Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(es) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
EXHIBIT "A"
PR 14-45
ALL THOSE PORTIONS OF PARCEL I OF PARCEL MAP NO. 16274, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE RECORDER'S
OFFICE OF SAID COUNTY ON OCTOBER 26, 1990 AS FILE NO.90-584113 OF OFFICIAL
RECORDS MORE PARTICULARLY DESCRIBED IN PARCELS I THROUGH 4 AS FOLLOWS:
PARCEL]
COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1; THENCE ALONG
THE NORTHERLY LINE OF SAID PARCEL l NORTH 67.29' 19" EAST (RECORD NORTH
67029'3 FEAST), 89.59 FEET;
THENCE NORTH 73047' 12" EAST (RECORD NORTH 73°47'24" EAST), 576.87 FEET TO THE
WESTERLY LINE OF THAT CERTAIN 9.50 FOOT WIDE STRIP OF LAND DESIGNATED AS
"IRREVOCABLE OFFER OF DEDICATION MADE HEREON" ON SAID PARCEL MAP NO. 16274;
THENCE ALONG SAID WESTERLY LINE SOUTH 26010' 12" EAST (RECORD SOUTH 26-10'00"
EAST), 370.41 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 26010' 12" EAST, 18.55 FEET;
THENCE LEAVING SAID WESTERLY LINE SOUTH 63°49'48" WEST, 26.56 FEET TO A POINT
HEREIN DESIGNATED AS POINT "A";
THENCE NORTH 26010' 12" WEST, 29.31 FEET;
THENCE NORTH 64000'00"E, 20.06 FEET;
THENCE SOUTH 26010' 12" EAST, 10.70 FEET;
THENCE NORTH 63049'48" EAST, 6.50 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT POINT "A" DESCRIBED IN PARCEL 1, ABOVE;
THENCE NORTH 26010' 12" WEST, 185.19 FEET;
THENCE SOUTH 63049' 13" WEST, 152.40 FEET TO A POINT HEREIN DESIGNATED AS POINT
«B.
THENCE CONTINUING SOUTH 63049' 13" WEST, 352.06 FEET;
JN-13-059-01
THENCE SOUTH 26010' 12" EAST, 344.66 FEET TO A POINT HEREIN DESIGNATED AS POINT
THENCE CONTINUING SOUTH 26010' 12" EAST, 119.16 FEET;
THENCE NORTH 63049' 13" EAST, 504.46 FEET TO A LINE WHICH BEARS SOUTH 26010,12
EAST FROM SAID POINT "A";
THENCE NORTH 26010' 12" WEST, 278.63 FEET TO SAID POINT "A" AND THE TERMINATION
OF THE HEREIN DESCRIBED LINE.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE ABOVE DESCRIBED PARCEL
1.
PARCEL 3
A 5.00 FOOT WIDE STRIP OF LAND LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT POINT `B" DESCRIBED IN PARCEL 2, ABOVE;
THENCE SOUTH 26010' 47" EAST, 22.41 FEET TO THE TERMINATION OF THE HEREIN
DESSCRIBED LINE.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE ABOVE DESCRIBED PARCEL
2.
PARCEL 4
A 5.00 FOOT WIDE STRIP OF LAND LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT POINT "C" DESCRIBED IN PARCEL 2, ABOVE;
THENCE NORTH 6307' 12" EAST, 31.08 FEET TO THE TERMINATION OF THE HEREIN
DESSCRIBED LINE.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE ABOVE DESCRIBED PARCEL
2.
AREA: 41,232 S.F. (0.947 AC.)
THIS DESCRIPTION WAS PREPARED
BY ME OR UNDER MY DIRECTION
A i7e� F,
DENNIS W. GOOD, LS 8084
J N-13-059-01
EXHIBIT "B"
4fi2AE} 5 \ Y\
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SEE DETAIL 'A"
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�PARCEL 2�'� \\N\ \\ \. \\ R=262.50'
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PARCEL 4SEE
" DETAIL
ON SHEET 3 C PT .C. \\ \\
6
00
l,,5g9
10 N2610-47-E
(N2610'35"W)
SCALE: 1" = 200'
LAND
THIS PLAT WAS PREPARED BY
ME OR UNDER MY DIRECTION
L.S. 8084
K&S ENGINEERING, INC. ,DOM
1/15
Fln—Planning . Engineering . Surveying r
7801 Mission Center Court, Suite )DO Son Diego, CA 92108 qrF CAL%
(619) 296-5565 Fax: (619) 296-5564 DENNIS W. GOOD, LS 8084
CARLSBAD MUNICIPAL WATER DISTRICT
DATE: 2014.11.211WATERLINE EASEMENT QUITCLAIM I# PR14-45
WITHIN PARCEL 1 OF PARCEL MAP NO. 16274 IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
SCALE: 1 "=200' APN 210-090-50-00 FLORAL TRADE 7SHEET 1 OF 3
EXHIBIT "B"
PARCEL 2
s
TPOB
All
6A�!`CI
1�630.9 6y6
POINT "A"
DETAIL "A"
1 "=30'
CARLSBAD MUNICIPAL WATER DISTRICT
DATE:2014.11.21 WATERLINE EASEMENT QUITCLAIM PR 14-45
WITHIN PARCEL 1 OF PARCEL MAP NO. 16274 IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
SCALE: 1"=30' APN 210-090-50-00 FLORAL TRADE 7SHEET 2 OF 3
EXHIBIT "B"
POINT W /' G L
F s.
POINT "C"
�3
r
DETAIL "B"
1 "=30'
n
moo.
DETAIL "C"
1 "=30'
CARLSBAD MUNICIPAL WATER DISTRICT I
DATE: 2014.11.21 # PR 14-45
WATERLINE EASEMENT QUITCLAIM
WITHIN PARCEL 1 OF PARCEL MAP NO. 16274 IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
SCALE: 1"=30' 1 APN 210-090-50-00 FLORAL TRADE SHEET 3 OF 3