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HomeMy WebLinkAbout2018-01-09; Municipal Water District; ; Adopt a Resolution quitclaiming a portion of a pipeline easement over Lot 4 of Map No. 15902, VAC 2017-0009Fiscal Analysis There are no anticipated fiscal impacts with quitclaiming this easement. Next Steps The City Clerk will record the quitclaim deed in the Office of the County Recorder of San Diego County. Once the quitclaim deed is recorded, that portion of the easement for pipeline purposes over Lot 4 of Map No. 15902 will be quitclaimed. Environmental Evaluation (CEQA) The proposed quitclaim does not qualify as a 'project' under the California Environmental Quality Act (CEQA) per Public Resources Code Section 21065 and State CEQA Guidelines Section 15378 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 for quitclaims. Exhibits 1. City Council Resolution 2. Location Map January 9, 2018 Item #9 Page 2 of 9 RESOLUTION NO. 1591 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), APPROVING THE QUITCLAIM OF A PORTION OF A PIPELINE EASEMENT OVER LOT 4 OF MAP NO. 15902, LOCATED AT THE SOUTHWEST CORNER OF COLLEGE BOULEVARD AND PALOMAR POINTE WAY. CASE NAME: QUITCLAIM OF A PORTION OF A PIPELINE EASEMENT OVER LOT 4 OF MAP NO. 15902 CASE NO.: VAC 2017-0009 WHEREAS, the Board of the Carlsbad Municipal Water District Board of the City of Carlsbad, California has determined an easement for pipeline and incidental purposes was granted to Carlsbad Municipal Water District and recorded October 19, 1961 as file no. 181791 filed in the office of the County Recorder's Office; and The pipeline easement was originally intended for public waterlines constructed prior to the city road network being constructed; and New public waterlines have since been constructed within adjacent public right-of-way for College Boulvard and the old waterlines crossing this property were since taken out of service and abandoned;and There are no active public waterlines existing or planned to be constructed within the pipeline easement; and WHEREAS, staff determined that the pipeline easement is not needed for present or future pipeline purposes; and WHEREAS, staff has determined it to be in the public interest to quitclaim said easement. NOW, THEREFORE, BE IT RESOLVED by the Board of the Carlsbad Municipal Water District of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That Carlsbad Municipal Water District Board hereby approves the quitclaim of that portion of a pipeline easement granted October 19, 1961 as file no. 181791 filed in the office of the County Recorder's Office lying within lot 4 of map no. 15902, located at the southwest corner of College Boulevard and Palomar Pointe Way. January 9, 2018 Item #9 Page 3 of 9 3. The President shall execute the attached quitclaim deed and the City Clerk is directed to record the attached quitclaim deed in the Office of the County Recorder of San Diego County. PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District of the City of Carlsbad on the 9th day of January, 2018, by the following vote, to wit: AYES: NOES: ABSENT: Hall, Blackburn, M. Schumacher, C. Schumacher, Packard. None. None. (SEAL) January 9, 2018 Item #9 Page 4 of 9 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): Assessor's Parcel No(s).: 2122700400 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 Project ID: ~C~T~0~9~-0~3~--------- Related Project ID(s): VAC2017-0009 ) Unincorporated area: ( X) City of Carlsbad Project Name: CARLSBAD MUNICIPAL GOLF COURSE Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad ("Granter"), for a valuable consideration, the receipt and adequacy of which are hereby acknowledged, does hereby remise, release, and quitclaim to the City for Carlsbad ("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 ByMA-:jg~ ATTEST: • ~~P'- Doc ER-11-06 02/16/2012 January 9, 2018 Item #9 Page 5 of 9 ACKNOWLEDGMENT A notary public or other officer completing this certificate 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 San Diego -----On ', n {:') , 1 O. rl,D IS> before me, Tamara R. McMinn, Notary Public "~ I (insert name and title of the officer) personally appeared · ;-·)/. /4-r ti f-i-.J?f , who proved to me on the basis of satisfactory evidence to be the p§_rson{srwhose name.(s)· istai:s ~_ubscribed to the within instrument and acknowled_ged to me tha~they·executed the same in ~tl=!eirauthorized capacity.(j.fisJ-, and that by~~tflei.r signatur~---on the instrument the person.CS,, or the entity upon behalf of which the person(-SJ·acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ------------... WITNESS my hand and official seaL : I. TAMARA ft MCMINN t . t. Nota. ry Public -California ( San Diego County ~ Cotnmission # 2159561 ~ , , . · My Comm. Exoires Jul 1 o. 2020 t --- January 9, 2018 Item #9 Page 6 of 9 EXHIBIT 'A' VAC2017-0009 Quitclaim Description: Quitclaiming that portion of a waterline easement granted to Carlsbad Municipal Water District recorded October 19, 1961 as file no. 181791 lying within the boundaries of Lot 4 of Map No. 15902 recorded March 4, 2013 as file no. 2013-0139681 filed in the office of the County Recorder1s Office of the County of San Diego, State of California. January 9, 2018 Item #9 Page 7 of 9