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HomeMy WebLinkAbout2008-08-12; Municipal Water District; 663; Quitclaim Of Portion Of Waterline EasementCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL 8 AB# 663 MTG. 8/12/08 DEPT. ENG QUITCLAIM OF A PORTION OF WATERLINE EASEMENT LYING WITHIN LOTS 2 AND 23 OF MAP NO. 14984, PR 06-94 DEPT. HEAD pffrj" CITY ATTY. /X, CITYMGR. \'s ' 1332 quitclaiming a portion of waterline easement lying within Lots 2 RECOMMENDED ACTION: Adopt Resolution No. and 23 of Map No. 14984, PR 06-94. ITEM EXPLANATION: On October 23, 1987, an easement was recorded to the Costa Real Municipal Water District for a waterline across portions of property now known as La Costa Resort and Spa. On January 1, 1990 the Costa Real Municipal Water District became a subsidiary district of the City of Carlsbad and was renamed the Carlsbad Municipal Water District (CMWD). On June 25, 1991 the City and CMWD entered into an operational agreement in which all of the City's water related assets were transferred to CMWD. The owners of La Costa Resort and Spa, W2007 La Costa Resort Co., LLC, a Delaware limited liability company, have requested that CMWD quitclaim the easement. Staff has confirmed the easement in question is no longer in use, and the easement is not needed now or in the future by CMWD as water transmission needs are met by new waterlines and other CMWD easements. ENVIRONMENTAL IMPACT: The activity is exempt from California Environmental Quality Act (CEQA) review per CEQA section 15061 (b) 3, because it can be seen with certainty that there is no possibility that the quitclaim may have a significant effect on the environment. FISCAL IMPACT: The item has no fiscal impact to the Water District. The waterline easement was granted to Costa Real Municipal Water District for no fee cost acquisition and the Water District will quitclaim the easement for no fee cost return to the property owner. The property owner has paid the standard fee for processing this quitclaim. EXHIBITS: 1. 2. 3. Location map. Resolution No.1332 quitclaiming a portion of waterline easement lying within Lots 2 and 23 of Map No. 14984, PR 06-94. Quitclaim Deed (PR 06-94). DEPARTMENT CONTACT: Stephen Bobbett 760-602-2747 sbobb@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY BOARD ACTION: APPROVED DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 LOCATION MAP NOT TO SCALE SITE PROJECT NAME QUITCLAIM OF WATER EASEMENT PROJECT NUMBER PR06-94 EXHIBIT 1 DRAW BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 5/22/08 C:\DEVELOPUENT PROJECTS\PR\PR06-94.DWG 1 RESOLUTION NO. 1332 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF 3 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), QUITCLAIMING A PORTION OF WATERLINE EASEMENT 4 LYING WITHIN LOTS 2 AND 23 OF MAP NO. 14984. PR 06-94. 5 WHEREAS, W2007 La Costa Resort Co., LLC, a Delaware limited liability company, has 6 submitted a request for a quitclaim of a portion of waterline easement acquired per a grant of 7 easement to Costa Real Municipal Water District recorded October 23, 1987 filed in the Office of 8 the County Recorder of San Diego County as file/page no. 87-598022 of Official Records 9 ("Waterline Easement"); and 10 WHEREAS, the Carlsbad Municipal Water District is the successor in interest to the 11 Waterline Easement; and 12 WHEREAS, said Waterline Easement was acquired by the Carlsbad Municipal Water 13 District for no fee; and 14 WHEREAS, the property owner has paid the standard fee for processing this quitclaim; 15 and 16 WHEREAS, said Waterline Easement is no longer required for the purpose for which it was granted and is not now, nor is contemplated to be, needed for future waterline purposes and 18 appurtenant facilities. 19 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board 2^ of the City of Carlsbad, California, as follows: 21 1. That the above recitations are true and correct. 22 2. That the Carlsbad Municipal Water District approves the quitclaim of a portion of 23 the Waterline Easement lying within Lots 2 and 23 of Map 14984, PR 06-94. 24 3. That the quitclaim deed (PR 06-94), which is on file with the City Clerk and is _ _ incorporated by this reference, is approved.25 4. That the President is authorized to execute the quitclaim deed and the secretary is 26 hereby authorized to release the original quitclaim deed to W2007 La Costa Resort Co., LLC, a 27 Delaware limited liability company to record said document. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 12th day of August, 2008, by the following vote to wit: AYES: Board Members Lewis, Kulchin, Hall and Packard. NOES: None. ABSENT: Board Member Nygaard. UDE A LEWIS, President ATTEST: RECORDING REQUESTED BY WHEN RECORDED MAIL TO: W2007 La Costa Resort Co. LLC 2100 Costa Del Mar Road Carlsbad, CA 92009 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) 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, and Assessor's Parcel No.216-590-01 216-590-13 Project No. & Name: CT 03-01 La Costa Resort and Spa PR 06-94 CORPORATION QUITCLAIM DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary district of the City of Carlsbad organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to: W2007 La Costa Resort Co., LLC, a Delaware limited liability company the following described real property in the City of Carlsbad, County of San Diego, State of California: a waterline easement as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. Exhibit "B" consisting of one (1) page is attached for clarity only. DATED ATTEST: LORRAflNE M. WOOD, Secretary HAAfV, UaP " " ' ••-*- (SEAL) F:\PR 06-94 CORP QIUTCLAIM OF EASEMENT CMWD.doc 6/1/00 EXHIBIT 'A1 QUITCLAIM OF PORTION OF CRMWD EASEMENT PR 06-94 That certain parcel of land being a portion of land as described in easement granted to Costa Real Municipal Water District recorded October 23, 1987 as file/page no. 87-598022 of Official Records, lying within Lots 2 and 23 of Carlsbad Tract No. 03-01, La Costa Resort and Spa, according to Map thereof No. 14984, filed in the Office of the County Recorder of San Diego County on March 18, 2005, described as follows: A portion of Parcel C of said easement, described as follows: A strip of land 10.00 feet wide, lying 5.00 feet on either side and parallel with the following described centerline, BEGINNING at the true point of beginning of said Parcel C; thence along said centerline the following courses: North 59°40'02" East 102.72 feet; thence South 78°14'04" East 154.00 feet; thence North 11045'56" East 94.82 feet to a POINT OF TERMINUS. The sidelines of said 10 foot easement to be extended or shortened to meet at angle points and to begin on a line bearing South 28°18'25" East through the POINT OF BEGINNING and to end on a line bearing South 36028'14M East through the POINT OF TERMINUS. CONTAINING: 0.081 acres, more or less. APN 216-590-01, 216-590-13 This description was prepared by me or under my direction. Li/?VM» Stephen R. Hawxhurst LS 7355 License expires 12/31/2007 RBF CONSULTING 9755 Clairemont Mesa Boulevard, Suite 100 San Diego, California 92124 JN. 55-100221 8/30/2006 H:\PDATA\55100221\Admin\legals\221lgl-cmwd-qc-87-598022-1.doc Page 1 of 1 8/30/2006 LOT 8 INDICATES PORTION OF PARCEL "C" COSTA REAL MUNICIPAL WATER DISTRICT ESMT. REC. 10/23/1987 PER F/P. 87-598022, O.R. TO BE QUITCLAIMED AREA - 0.081 ACRES 3 CT NO. 03-01 LA COSTA RESORT AND SPA MAP 14934 LOT 1 J36°28'14"W POINT OF TERMINUS POINT OF BEGINNING PARCEL COSTA REAL MUNICIPAL WATER DISTRICT ESMT. REC. 10/23/1987 PER F/P. 87-598022, O.R. PARCEL 'A' COSTA REAL MUNICIPAL WATER DISTRICT ESMT. REC. 10/23/1987 PER F/P. 87-598022, O.R. 50 0 50 100 150 "'SCALE: 1"=50 SHEET 1 DF 1 CARLSBAD MUNICIPAL WATER DISTRICT QUITCLAIM PLAT RBF CONSULTING 9755 CLAIREMONT MESA BLVD STE. 100 SAN DIEGO, CA 92124 858.614.5000 PREPARED BY: HAWXHURST LS.7355 EXPIRES: 12/31/2007 PROJECT: LA COSTA RESORT CLUBHOUSE POOL KATERLIhE RELOCATION CT 03-01 PR 06-94 A.P.N.: 216-590-01,13 EXHIBIT "B' H:\PDATA\55100221\CADD\MAPPING\EASEMENTS\221CMV»_03.DVyG GMELLOM 8/30/06 2:12 pm CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californi County of On Date personally appeared Hers Insert Name^id Title'of the Officer^ M.^uSTame(s) of Signer(s) SHERRY A. FREISINGfR CommlMton * 1727064 Notary Public - California San Dl*oo County 1 |i who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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. WITNESS my Place Notary Seal Above Signal 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. 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