Quitclaim of Water Easements to Kachina J. Krafchow Located at 2325 Cambridge Avenue, Cardiff (APN )

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MEETING DATE: June 28, 2017 GENERAL MANAGER: Bill O'Donnell PREPARED BY: SUBJECT: Blair Knoll, Senior Civil Engineer DISTRICT SECRETARY: Karen P. Brust Quitclaim of Water Easements to Kachina J.

1 MEETING DATE: June 28, 2017 GENERAL MANAGER: Bill O'Donnell PREPARED BY: SUBJECT: Blair Knoll, Senior Civil Engineer DISTRICT SECRETARY: Karen P. Brust Quitclaim of Water Easements to Kachina J. Krafchow Located at 2325 Cambridge Avenue, Cardiff (APN ) RECOMMENDED ACTION: District Board take the following actions: 1. Adopt Resolution No , entitled A Resolution of the Board of Directors of San Dieguito Water District Approving Quitclaim of Water Easement APN (Attachment 2); and 2. Authorize the General Manager to file a Quitclaim Deed of Public Water Easement (Attachment 3) SAN DIEGUITO WATER DISTRICT STRATEGIC PLAN: This item is not applicable to the Strategic Plan. FISCAL CONSIDERATIONS: There is no direct fiscal impact associated with the staff recommendation. BACKGROUND: The San Dieguito Irrigation District obtained water easements through the subject property, 2325 Cambridge Avenue in Cardiff, per a permanent easement of right of way recorded March 7, 1950 in Book 3529, Page 410 and October 20, 1950 in Book 3833, Page 79 of Official Records. The purpose of the easements was for waterline construction, operation and maintenance. In 1950, the District constructed a 30-inch transmission main within the granted easements. In May 2017, the District abandoned 1,750 LF of the 30-inch transmission main from the Cambridge Yard to the San Elijo Water Reclamation Facility located at 2695 Manchester Avenue. Kachina J. Krafchow, a married woman as her sole and separate property, is the owner of 2325 Cambridge Avenue. Whiz Builders Inc. and Champion Permits Inc., acting as agents for the owner, are requesting that the District Board of Directors quitclaim the easements if they are no longer needed by the District. With the completion of the 30-inch transmission main abandonment, the easements obtained in 1950 are no longer needed Item S8F 1 of 8

2 ANALYSIS: The District has completed the abandonment of the 30-inch transmission main. Staff has determined that the easements are not needed for any present or future use. Since the District originally acquired the easement at a minimal cost, District policy is that no fee will be charged for this quitclaim other than for staff time. A $500 fee has been paid by the owner s agent, Champion Permits Inc., to cover the cost of staff time for the quitclaim procedure. ENVIRONMENTAL CONSIDERATIONS: The action being considered by the District Board is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" per Section 15378(b)(5) of the CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. ATTACHMENTS: Attachment 1 Location Map of Easement to be Quitclaimed Attachment 2 Resolution , entitled A Resolution of the Board of Directors of San Dieguito Water District Approving Quitclaim of Water Easement 2325 Cambridge Avenue, Cardiff APN Attachment 3 Quitclaim Deed Item S8F 2 of 8

Remainder Remainder22 Remainder Remainder 24 24 22 33 44 55

9,10 9,10 & & Por Por 12 12 13 13 Por Por & & 12-17 12-17

44 44 43 43 42 42 41 41 40 40 39 39 38 38 37 37 36 36 35 35

Cambridge Avenue, Cardiff s 40, 41, 42 Cambridge Ave Legend

410 of Official Records to be Quitclaimed 24 24 44 & & Por

Official33 Records 44 55 in Book 3833, Page 79 of 1 1 & &

12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 Abandoned

2017-06-28 Attachment 1 - Location Map Quitclaim of Water

map should not be used for Engineering, Survey, or

Every reasonable effort has been made to assure the

responsibility arising from the use of or reliance upon

Item S8F - Map Coordinates: Stateplane NAD83 Feet, CA Zone

can be positionally off up to +/- 40 feet 0 23 23 - Photo

3 Remainder Remainder22 Remainder Remainder Norfolk Ave s s 9,10 9,10 & & Por Por Por Por & & Alley &34 33& &32 31& Cambridge Avenue, Cardiff s 40, 41, 42 Cambridge Ave Legend Existing Easement Recorded March 7, 1950 in Book 3529, Page 410 of Official Records to be Quitclaimed & & Por Por20, 22 & & Existing Easement Recorded October 22 Official33 Records in Book 3833, Page 79 of 1 1 & & Por Por 2 2 & & 3 3 to be Quitclaimed Abandoned 30-inch Transmission Main DISCLAIMER: Encinitas Map Attachment 1 - Location Map Quitclaim of Water Easements 2325 Cambridge Avenue, Cardiff s 40, 41, 42 This map should not be used for Engineering, Survey, or Site-Specific Analysis. Every reasonable effort has been made to assure the accuracy of the data provided; nevertheless, some information may not be accurate. The City of Encinitas assumes no liability or responsibility arising from the use of or reliance upon this information. Item S8F - Map Coordinates: Stateplane NAD83 Feet, CA Zone 6 - Parcel lines are not survey accurate, and some parcels can be positionally off up to +/- 40 feet Photo flight dates: July inch pixel resolution. Digital true color. - Orthophoto and Topo positional accuracy meet the precision adequate to support National Map Accuracy Standards for 1" = 100' mapping. 50 Feet 1 inch = 50 feet 3 of 8

4 Attachment 2 Resolution RESOLUTION NO A RESOLUTION OF THE BOARD OF DIRECTORS OF SAN DIEGUITO WATER DISTRICT APPROVING QUITCLAIM OF WATER EASEMENT 2325 CAMBRIDGE AVENUE, CARDIFF APN WHEREAS, Kachina J. Krafchow, a Married Woman as her sole and separate property is the owner of the property located at 2325 Cambridge Avenue, Cardiff (APN ); and WHEREAS, said water easements were dedicated to the San Dieguito Irrigation District on March 7, 1950 in Book 3529, Page 410 and October 20, 1950 in Book 3833, Page 79 of Official Records; and WHEREAS, the San Dieguito Water District is successor in interest to the San Dieguito Irrigation District; and WHEREAS, the San Dieguito Water District has abandoned or removed said waterline in accordance with District standards within the property and the underlying property owner has accepted those facilities not removed; and WHEREAS, the easement is no longer necessary, and it is in the District s interest to quitclaim the easement to the underlying property owner; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the San Dieguito Water District order as follows: 1. That the quitclaim deed be granted and is approved. 2. That the General Manager of the San Dieguito Water District is authorized and directed to execute the quitclaim deed on behalf of the District. PASSED AND ADOPTED at a regular meeting of the Board of Directors of San Dieguito Water District held on the 28th of June 2017, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Tony Kranz, President Item S8F 4 of 8

5 ATTEST: Karen P. Brust, Secretary to the Board Item S8F 5 of 8

6 Attachment 3 Quitclaim Deed RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 160 CALLE MAGDALENA ENCINITAS, CA This space for recorder s use only APN QUITCLAIM DEED OF PUBLIC WATER EASEMENT SAN DIEGUITO WATER DISTRICT DOCUMENTARY TRANSFER TAX is $ 0 since the easement has no value FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAN DIEGUITO WATER DISTRICT, an Irrigation District of the State of California, hereby release(s) and forever quitclaims to: OWNER OF RECORD: Kachina J. Krafchow, a Married Woman as her sole and separate property the following described real property in the City of Encinitas, County of San Diego, State of California: An easement for water pipe lines and incidental purposes as granted to the San Dieguito Irrigation District on March 7, 1950 in Book 3529, Page 410 and October 20, 1950 in Book 3833, Page 79 of Official Records for an exclusive and permanent easement of right-of-way in, upon, over and across the lands hereinafter described, for the purpose of locating, relocating, constructing, reconstructing, maintaining, operating, inspecting and repairing a pipe line or pipes lines, and all fixtures and appurtenances incidental thereto for use in connection therewith, for the transmission and distribution of water and all uses and purposes incidental thereto; The route of said easement of right of way across the aforesaid lands shall be located within the Easterly Twenty Feet of said s 41 and 42 in Block 12 of Cardiff Item S8F 6 of 8

7 AND The route of said easement of right of way across the aforesaid lands shall be located within the Easterly Fifteen (15) Feet of 40, within the Easterly Twenty-Five (25) feet of 41, and within the Easterly Thirty-five (35) Feet of 42 in Block 12 of Cardiff. Located on the property described as: The land referred to herein is situated in the State of CALIFORNIA, County of SAN DIEGO, and described as follows: s 40, 41 and 42 in block 12 of Cardiff, in the County of San Diego, State of California, according to the map thereof No. 1298, filed in the Office of the County Recorder of San Diego County, November 14, Assessor's Parcel Number: The premise over which this easement extends is described on Exhibit A and Exhibit B attached hereto and made a part of. The above described real property being quitclaimed has an abandoned 30-inch concrete cylinder pressure pipeline, 18-inch manhole and 3-inch air vacuum and air release valve buried below the surface of the ground. By signing this form, the Owner of Record acknowledges that all easements being quitclaimed are being left in place in an as-is condition. Owner of Record acknowledges that the San Dieguito Water District is conveying all rights, title, and interest to the easement, right-of-way, and abandoned pipeline to the Owner of Record in an as-is condition. Owner of Record further acknowledges that the San Dieguito Water District does not warranty the condition of any abandoned pipe nor guarantee its fitness for any purpose. Owner of Record agrees to defend, indemnify, protect, and hold harmless the San Dieguito Water District, each member of its Board of Directors, agents, officers, and employees from and against any and all claims asserted or liability established for damages or injuries to any person or property, including bodily injury to the Owner of Record s employees arising out of or in any manner directly or indirectly connected with the Owner of Record s use of the quitclaimed easement, right-of-way, and abandoned pipe, however caused, except for sole negligence, willful misconduct, or active negligence of the San Dieguito Water District. PROPERTY OWNER Dated: By: Kachina J. Krafchow Owner of Record Item S8F 7 of 8

8 SAN DIEGUITO WATER DISTRICT Dated: By: William C. O Donnell General Manager San Dieguito Water District (ALL SIGNATURES TO BE NOTARIZED) Item S8F 8 of 8

Notice of Completion for Windsor Estates City of Encinitas Tentative Map No Public Water Improvements

MEETING DATE: June 28, 2017 GENERAL MANAGER: Bill O Donnell PREPARED BY: Blair Knoll, Senior Civil Engineer CITY MANAGER: Karen P. Brust SUBJECT: Notice of Completion for Windsor Estates City of Encinitas