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Home My WebLink About2018-04-24; Municipal Water District; ; Quitclaim of a waterline easement over a single family property located at 4936 Park Drive@ MUNICIPAL WATER DISTRICT Staff Report . Meeting Date To: From: Staff Contact: April 24, 2018 President and Board Kevin Crawford, Executive Manager Tim Carroll, Associate Engineer tim.carroll@carlsbadca.gov or 760-602-2737 CAReview 0 Subject Quitclaim of a waterline easement over a single family property located at 4936 Park Drive. Recommended Action Adopt a Resolution approving a quitclaim of a waterline easement over a single family property located at 4936 Park Drive, VAC2018-0001. Executive Summary Thomas J. Almaguer and Leticia Almaguer, trustees of the 2003 Thomas and Leticia Almaguer Revocable Trust, the property owners of Lot 18 of Map No. 7292, are requesting to quitclaim the waterline easement traversing the property. The easement was dedicated to Carlsbad Municipal Water District on May 31, 1972. There are no active waterlines within said · easement. With no current use or anticipated future use of said easement for pipeline purposes, staff recommends approving a quitclaim of the waterline easement over Lot 18 of Map No. 7292, VAC2018-0001. Discussion On May 31, 1972, an easement was dedicated to Carlsbad Municipal Water District for waterline purposes on Carlsbad Tract No. 71-5, Map No. 7292 of official records. There are no active waterlines within the pipeline easement, therefore staff recommends approving a quitclaim of the waterline easement over Lot 18 of Map No. 7292, VAC2018-0001. Fiscal Analysis There are no fiscal impacts with quitclaiming this easement. All fees necessary to process this quitclaim have been paid by the developer. Next Steps The City Clerk will record the attached deed, legal description and plat in the Office of the County Recorder of San Diego County. Environmental Evaluation (CEQA) The proposed vacation 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 April 24, 2018 Item #10 Page 1 of 9 a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Public Notification No public notification is required for a quitclaim. Exhibits 1. CMWD Resolution 2. Location Map April 24, 2018 Item #10 Page 2 of 9 RESOLUTION NO. 1594 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD (CMWD), APPROVING A QUITCLAIM OF A WATERLINE EASEMENT OVER A PORTION OF A SINGLE FAMILY PROPERTY LOCATED AT 4936 PARK DRIVE WHEREAS, the Carlsbad Municipal Water District Board, subsidiary of the City of Carlsbad, California has determined that Thomas J. Almaguer and Leticia Almaguer, trustees of the 2003 Thomas and Leticia Almaguer Revocable Trust, owners of Lot 18 of Carlsbad Tract No. 71-5, Map No. 7292 filed in the Office of the County Recorder of the County of San Diego on May 31, 1972, have filed an application to quitclaim a waterline easement over said property; and WHEREAS, On May 31, 1972, an easement was dedicated to Carlsbad Municipal Water District for waterline purposes on Map No. 7292 of official records; and WHEREAS, said waterline easement is not required for the purpose for which it was granted and is not now, nor is it contemplated to be, needed for future pipeline purposes; and 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 CMWD approves the quitclaim of that waterline easement over a portion of a single family residence located at 4936 Park Drive, as described in Attachment A. 3. That the quitclaim deed (Attachment A), on file with the Secretary and incorporated herein by reference, is approved. 4. That the President is authorized to execute the quitclaim deed attached hereto as Ill Ill Ill Ill Ill Ill Attachment A and the Secretary is hereby authorized to record both documents. April 24, 2018 Item #10 Page 3 of 9 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District of the City of Carlsbad on the 24th day of April 2018, by the following vote, to wit: AYES: NOES: ABSENT: K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. M. Hall. KEITH BLACKBURN, VICE PRESIDENT (SEAL) April 24, 2018 Item #10 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 DOC# 2018-0211945 111111111111 lllll 11111111111111111111111111111111111111111111111111111 May 25, 2018 09:00 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $23.00 (SB2 Atkins $0.00) PCOR: NIA PAGES 4 _____________ ......._ ______ SPACE ABOVE THIS LINE FOR RECORDER'S USE---- QUITCLAIM DEED OF EASEMENT The undersigned grantor(s) declare(s): Assessor's Parcel No(s).: 207-290-15 Documentary transfer tax is$ 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:PD2018-0003 Related Project ID(s): VAC2018-0001 ___ _ ) Unincorporated area: ( X ) City of Carlsbad Project Name: Almaguer Waterline Quitclaim_ 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 Thomas J. Almaguer and Leticia Almaguer, trustees of the 2003 Thomas and Leticia Almaguer Revocable Trust dated November 5, 2003 ("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 M 8-'1 1 2018, 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 },\ ,c \l>q-e \ 0c ~"'-o/)"-c he /2 By ~rl dili_r4L §f2- MATT HALL, President ATTEST: Doc ER-11-06 I 02/16/2012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California } Countyof Saa'b,e,~ r ' . ' On /Y)'a ~-'], .QQ / ~ before me, ~ la, :J:? · Ca\;) l 'a,{) , rl o:tlf ~ °7.J b )j C-ate Here Insert Name and Title of the Ollicer personally appeared l!1,c.haeL Sc.hum~ ~J!\JLV , 1············1 SHEILA R. COBIAN : ····~ Notary Public -Californiil 2 San Diego County ~ Commission• 2204481 My Comm. Expires Jul 10, 2021 Place Notary Seal Above " Name(s) ot7gner{s) who proved to me on the basis of satisfactory evidence to be the perso~hose nam$) ~ubscribed to the ~in instrument and acknow~e~. t? me that ~xecuted the same in ~uthorized capacity.(iesj, and that b i · · nature(a) on the instrument the person( , or the entity upon behalf of which the person~cted, 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. . Signature ~ JJo.W, (F~ 1 ....,L Slgna~ry Public , OPTIONAL------------ Though the information below 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 to another document. Description of Attached Document Title or Type of Document:-------------------------------- Document Date: ___________________ Number of Pages: ________ _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): D Partner -D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ________ _ Signer Is Representing: ___ _ RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: ______________ _ D Individual D Corporate Officer -Title{s): ________ _ D Partner -D Limited D General D Attorney in Fact DTrustee D Guardian or Conservator D Other: _________ _ Signer Is Representing: ____ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here • @2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402• www.Na1iona!Notary.org Item #5907 Reorder: Call Toi-Free 1-800-876-6827 Doc ER-11-06 02/16/2012 April 24, 2018 Item #10 Page 6 of 9 VAC2018-0001 2ALMAGUER WATERLINE EASEMENT QUITCLAIM 4936 PARK DRIVE, APN 207-290-15 E L CA M I N O REAL CANNON RD.TAMARACK AVE.KELLYDR.PARK DR.LOMALAGUNADR.HILLSI D E DR.NEBLINADR.CRESTVIEW DR.SITE SITE April 24, 2018 Item #10 Page 9 of 9