CA Review GH
Meeting Date: July 23, 2024
To: President and Board Members
From: Scott Chadwick, Executive Manager
Staff Contact: Dave Padilla, Assistant General Manager/District Engineer [email protected], 442-339-2356
Neil Irani, Utilities Associate Engineer
[email protected], 442-339-2305
Subject: Quitclaiming a water easement at the Valley Middle School Campus, PD2023-012, VAC2023-0004
District: 1
Recommended Action
Adopt a Carlsbad Municipal Water District Board of Directors resolution quitclaiming a water easement over Tract No. 246 of Map No. 1681, located at the Valley Middle School Campus, 1645 Magnolia Avenue, PD2023-012, VAC2023-0004.
Executive Summary
Carlsbad Municipal Water District (CMWD) staff are requesting the board’s approval to terminate (or "quitclaim") a water easement giving the district access to a tract of land at Valley Middle School, at 1645 Magnolia Ave. Easements like the one at issue, give the district access to private property to install or main public infrastructure. This easement was granted in 1994 for a public fire hydrant and pipeline.
Now, with the property is being redeveloped and these facilities will be owned and maintained by the school district. Because the easement is no longer needed for public water system purposes, the staff recommend that the CMWD easement be terminated.
The Board of Directors approval is required because CMWD ordinances do not provide authority to the Executive Manager or designee to approve the quitclaim deed.
Explanation & Analysis
The Carlsbad Unified School District granted a water easement to the CMWD (recorded as Instrument No. 1994-337945) in 1994. A public fire hydrant and pipeline were then constructed to serve Valley Middle School.
The city approved a plan to the Carlsbad Unified School District’s plan to make improvements to the Valley Middle School campus on March 13, 2024 (Private Development Plan PD2023- July 23, 2024
Item #5 Page 1 of 9
~ ', . MUNIC IIPAL WAT E R D I ST RICT
~ Staff Report
0012). The approved grading plan for that project requires the school to convert an existing city-owned public fire hydrant on the site to a school district-owned fire hydrant.
This conversion is consistent with the CMWD’s current practice to design water systems on private property as private water systems, when feasible, to reduce the need to access the property for repairs and avoid damage to private property improvements.
The system has been redesigned to conform to the requirements of a private system in accordance with the approved construction plans, so staff recommend the board approve quitclaiming the water easement to the school district.
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
Upon approval of the CMWD Board of Directors, the Secretary of the Board will record the attached quitclaim deed and other required recording documents with the San Diego County Office of the Recorder.
Environmental Evaluation
The proposed quitclaim deed does not qualify as a project under the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review.
Exhibits
1. Carlsbad Municipal Water District Board of Directors resolution
2. Location map
July 23, 2024
Item #5 Page 2 of 9
RESOLUTION NO. 1745
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT QUITCLAIMING A WATER EASEMENT OVER TRACT NO. 246 OF MAP NO.1681 LOCATED AT THE VALLEY MIDDLE SCHOOL CAMPUS, 1645 MAGNOLIA AVENUE, PD2023-012, VAC2023-0004
WHEREAS, the Carlsbad Municipal Water District, or CMWD, has determined that the Carlsbad Unified School District, the property owner of Tract No. 246 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 1681 thereof, filed in the Office of the County Recorder of San Diego County on Dec. 9, 1915, have filed an application with CMWD to quitclaim a water easement over their property; and
WHEREAS, on May 23, 1994, a water easement was dedicated to the CMWD as Instrument No. 1994-337945; and
WHEREAS, the water easement is no longer required for the purpose for which it was granted, nor will it be needed for any future public water purpose.
NOW, THEREFORE, BE IT RESOLVED by the CMWD Board of Directors of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the quitclaim deed, attached hereto as Attachment A, on file with the Secretary of the CMWD Board of Directors and incorporated herein by reference, is approved.
3. That the CMWD Board President is authorized to execute the quitclaim deed attached hereto as Attachment A, and the Secretary of the CMWD Board of Directors is hereby authorized to record said document.
Exhibit 1
July 23, 2024 Item #5 Page 3 of 9
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District Board of Directors of the City of Carlsbad on the 23rd day of� 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA.
NONE.
NONE.
NONE.
KEITH BLACKBURN, President
SHERRY FREISINGER, Secretary
(SEAL)
July 23, 2024 Item #5 Page 4 of 9
1r
RECORDING REQUESTED BY:
Carlsbad Municipal Water District
WHEN RECORDED MAIL TO:
District Secretary
Carlsbad Municipal Water District
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Attachment A
DOC# 2024-0196209
111111111111 lllll 111111111111111111111111111111 IIIII IIIII 1111111111111 Jul 26, 2024 04:09 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PCOR: N/A
PAGES:4
------------�------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 cif 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).: 205-220-33-00
Project ID: PD2023-0012
Related Project ID(s): VAC2023-0004
Project Name: Valley Middle School Campus
Modernization, 1645 Magnolia Avenue
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 Carlsbad Unified School District ("Grantee") all right, title, and interest in the property described in Exhibit A attached hereto and made a part of hereof. Exhibit Bis attached for clarity only.
Executed on..._ J � ,;25'
2024, at Carlsbad,glitornia
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
ATTEST:
�fz!lcn=,, SHERRY FREISINGER, Secretary
Doc ER-11-06
01/25/2024
July 23, 2024 Item #5 Page 5 of 9
July 23, 2024 Item #5 Page 6 of 9
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF 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 July 25, 2024 before m.l,._~ ~ ~~~Ir::/,~
personally appeared _K_e_it_h_B_l_ac_k_b_u_r_n ___ _ ______ _ _ ___ _ _ who proved to me on the basis of satisfactory evidence to be the persori(-5-) whose name(-s-)@are subscribed to the within instrument and acknowledged to me that ~he/they executed the same in~er/their authorized capacity(ies), and that by ~er/their signature(s-) on the instrument the perso.n(s-), or the entity upon behalf of which the person(-s-) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws oJ the ~ate of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. li~ul.:~ TAMARA R. CLOUD-MCilNN.[ .- • COMM. #2407464 z ~ Notary Public • California ~
z \."llllilalot'-✓ San Diego County ....
1 ~!f"' 0 Mj Comm. Expires Jun_; 8, 2026 [
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Notary Public Signature (Notary Public Seal)
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INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages __ Document Date ___ _
CAPACITY CLAIMED BY THE SIGNER
□ Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
□ Attorney-in-Fact
□ Trustee(s)
0 Other _ _ _____ __ _
www.NotaryClasses.com 800-873-9865
if 11.eeded, should be completed and attached to the document. Acknowledgments from other states mey be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law.
• State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization.
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EXHIBIT'�"
LEGAL DESCRIPTION
PD2023-0012
VAC2023-0004
A STRIP OF LAND 15 FEET IN WIDTH OVER THAT PORTION OF TRACT NO. 246 OF THUM LANDS,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, BEING THAT CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT RECORDED MAY 23, 1994 AS DOCUMENT NO. 1994-0337945. FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, THE CENTERLINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF HIGHLAND DRIVE AND MAGNOLIA AVENUE AS SHOWN ON SAID MAP; THENCE ALONG SAID CENTERLINE OF MAGNOLIA AVENUE NORTH 61°21'00" EAST 509.30 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 28 °39'00" EAST
30.00 FEET TO THE NORTHWESTERLY LINE OF SAID TRACT 246 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE OF SAID 15 FOOT STRIP OF LAND SOUTH 28°39'00" EAST 61.00 FEET; THENCE SOUTH 25°21'00" WEST 24.00 FEET; THENCE SOUTH 20°09'00" EAST 159.00 FEET; THENCE SOUTH 10 °09'00" EAST 40.00 FEET; THENCE SOUTH 14 °39'00" EAST
91.00 FEET TO THE POINT OF TERMINATION.
THE SIDELINES OF SAID STRIP SHOULD BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS MAKING A CONTINUOUS LINE.
CONTAINING 5625 SQUARE FEET OR 0.129 AGERS, MORE OR LESS EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
DATE:
PASCO LARET SUITER
I lli��©tC!llil!E�
San Diego I Encinitas I Orange County
Phone 858.259.8212 I www.plsaengineering.com PLSA 3483
PD2023-0012
VAC2023-0004
EASEMENT QUITCLAIM
SHEET 1 OF 1
July 23, 2024
Item #5 Page 7 of 9
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REFERENCES:
R1 -MAP 1681
LINE TABLE:
L 1 s2B039'00"E 30.00·
L2 S28 °39'00"E 61.00'
L3 s25 °21·oo"w 24.oo·
L4 s20 °09'00"E 159.oo·
L5 s10°09'00"E 40.00·
L6 s14°39'00"E 91.00·
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EXISTING 15.00' WIDE WATER
LINE EASEMENT GRANTED TO
CARLSBAD MUNICIPAL WATER
DISTRICT, RECORDED MAY 23,
1994 AS DOCUMENT NO.
1994-0337945, O.R.
15'0
1,
APN: 205-220-33
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NOTE:
IND/CA TES WATER LINE
0 EASEMENT QUITCLAIMED HEREON
5625 SQ.FT. (0.129 ACRES)
LEGEND:
----- PROPERTY LINE
----- RIGHT-OF-WAY LINE
-- - -- CENTER LINE
-------- EASEMENT LINE
30' 30'
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P.O.C.
T.P.O.B.
P.O.T.
TO BE QUITCLAIMED HEREON. I
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
POINT OF TERMINATION
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(N61 °21'00"E 1152.55' R1)
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NW'L Y LINE OF
TRACT 247
APN: 207-010-27
TRACT24
VICINITY MAP
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VALLEY
� MIDDLE i-,:
THIS PLAT WAS PREPARED BY
M NDER MY DIRECTION.
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PASCO LARET SUITER SCALE= 1" = 100' PO2023-0012
VAC2023-0004
EASEMENT QUITCLAIM I �$$(0)CC!�llE$
San Diego I Encinitas I Orange County
Phone 858.259.82121 www.plsaengineering.com PLSA 3483 SHEET 1 OF 1 July 23, 2024
Item #5 Page 8 of 9
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DATE:
LOCATION MAP
PROJECT NAME PROJECT EXHIBIT
NUMBER
Exhibit 2
July 23, 2024
Item #5 Page 9 of 9
VALLEY MIDDLE SCHOOL
CAMPUS MODERNIZATION PD2023-0012
NOT TO SCALE
2