HomeMy WebLinkAbout2008-08-12; Municipal Water District; 664; Quitclaim Of Waterline EasementCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
AB# 664
MTG. 8/12/08
DEPT. ENG
QUITCLAIM OF WATERLINE EASEMENT LYING
WITHIN CERTIFICATE OF COMPLIANCE RECORDED
DECEMBER 22, 2005 AS FILE NO 2005-1094979 OF
OFFICIAL RECORDS, PR 06-1 07
DEPT. HEAD "j^"j~J"
CITY ATTY. //£_
CITYMGR. A?//V m^f^^
RECOMMENDED ACTION:
Adopt Resolution No.1333 quitclaiming waterline easement lying within Certificate of
Compliance recorded December 22, 2005 as File No. 2005-1094979 of Official Records, PR 06-107.
ITEM EXPLANATION:
On October 8, 1984, 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 28, 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, Arenal Road LLC, a California 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.
1333 quitclaiming waterline easement lying within Certificate of
Location map.
Resolution No.
Compliance recorded December 22, 2005 as File No. 2005-1094979, PR 06-107.
Quitclaim Deed (PR 06-107).
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WITHDRAWN D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
LOCATION MAP
NOT TO SCALE
CITY OF OCEANSIDE
HIGHWAY,—**
VICINITY
MAP
NOT TO
SCALE
SITE
PACIFIC
OCEAN
PROJECT NAME
QUITCLAIM OF WATER EASEMENT
PROJECT
NUMBER
PR06-107
EXHIBIT
1
DRAW BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 5/22/08 C: \DEVELOPUENT P/?a£C75\P/?\PR06-J07.DW5
RESOLUTION NO. 1333
2
A RESOLUTION OF THE BOARD OF DIRECTORS OF
3 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD),
QUITCLAIMING WATERLINE EASEMENT LYING WITHIN
4 CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 22,
2005 AS FILE NO. 2005-1094979 OF OFFICIAL RECORDS,
5 PR 06-1 07.
6 WHEREAS, Arenal Road LLC, a California limited liability company, has submitted a
7 request for a quitclaim of waterline easement acquired per a grant of easement to Costa Real
8 Municipal Water District recorded October 8, 1984 filed in the Office of the County Recorder of
9 San Diego County as file/page no. 84-380189 of Official Records ("Waterline Easement"); and
10 WHEREAS, the Carlsbad Municipal Water District is the successor in interest to the
Waterline Easement; and
12 WHEREAS, said Waterline Easement was acquired by the Carlsbad Municipal Water
District for no fee; and
14 WHEREAS, the property owner has paid the standard fee for processing this quitclaim;
15 and
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
1 ft appurtenant facilities.
19 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board
20 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 the Waterline
23 Easement lying within Certificate of Compliance recorded December 22, 2005, as file no. 2005-
24 1 094979 of official records, PR 06-1 07.
._ 3. That the quitclaim deed (PR 06-107), which is on file with the City Clerk and is25
incorporated by this reference, is approved.
26
4. That the President is authorized to execute the quitclaim deed and the secretary is
27
hereby authorized to release the original quitclaim deed to Arenal Road LLC, a California limited
28 liability company to record said document.
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.
A'CEWIS, President
ATTEST:
LORRA/fyt M. W00D, Secretary
/SEAL)
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
Arenal Road LLC
La Costa Resort and Spa
2100 Costa Del Mar
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.
Project No. & Name:
La Costa Resort and Spa
216-590-18
CT 03-01
PR 06-107
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:
Arenal Road LLC, a California 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 pne (1) page,attached hereto and made a part hereof. Exhibit "B" consisting of one (1) page is attached for
clarity only.
DATED
ATTEST:
LS8RFTAINE M. WOOD, Secretary (SEAL)
H:\Development Services\PROJECTS\PR FILES\PR 06\PR 06-107 La Costa Resort & Spa, Glen\Deeds-Easement\CORP QUITCLAIM OF EASEMENT CMWD (6-1-OOJ.doc
6H/00
EXHIBIT 'A'
QUITCLAIM OF PORTION OF CRMWD EASEMENT
PR 06-107
That certain parcel of land described as Parcel Y in Grant of Right of Way to
Costa Real Municipal Water District recorded October 8, 1984 as file/page no. 84-
380189 of Official Records, lying within the land described in Certificate of
Compliance recorded December 22, 2005 as file no. 2005-1094979 of Official
Records; described as follows:
A strip of land 10.00 feet in width, lying 5.00 feet on each side and parallel
with the following described centerline:
COMMENCING at an angle point on the centerline of Parcel B of that certain
easement recorded October 15, 1974, as file/Page 74-273988, said angle point
formed by the courses south 09°48'18" East and South 38°00'42" East; thence
leaving said angle point along said centerline South 38°00'42" East 91.00 feet to
the TRUE POINT OF BEGINNING; thence along the centerline of said 10.00 foot strip
of land North 46°30'31" East 4.48 feet; thence North 24°56'39" West 17.72 feet;
thence North 19°55'42" East 42.62 feet; thence South 68°48'41" East 28.13 feet;
thence North 20°47'40" East 13.00 feet to the POINT OF TERMINATION.
The sidelines of said easement shall be lengthened or shortened to meet at angle
points and shall begin on the northeasterly sideline of said certain easement and
end at right angles through the point of termination.
APN 216-590-18
This description was prepared by me or under my direction.
Stephen R. Hawxhurst LS 7355
License expires 12/31/2007
RBF CONSULTING
9755 Clairemont Mesa Boulevard, Suite 100
San Diego, California 92124
October 3, 2006
JN 55-100221
H:\PDATA\55100221\ADMIN\LEGALS\221LGL-CMWD-QC-84-380189-Y.DOC Page 1 Of 1 10/4/2006
S09058'18"E
\
TERMINATION
120
SCALE: 1"=40'
CT NO. 03-01-02
LA COSTA VILLAS
MAP 15103
POINT OF LOT 37
PARCEL Y OF EASEMENT
TO COSTA REAL MUNICIPAL
WATER DISTRICT,
REC. 10/8/1984,
F/P. 84-380189, O.R.
OF BEGINNING
\ ^f PARCEL B OF EASEMENT
\/<S TO CMWD, REC. 10/15/1974,
APN 216-590-18 v/\ \
\ \ \
. 74-273988, O.R.
CERTIFICATE OF COMPLIANCE 05-3^\9>
REC, 12-22-2005
DOC#2005-1094979, O.R,
NO. BRNG/DELTA RADIUS LENGTH
C1 N46°30'31"E
C2 N24'56'39"W
C3 N19°55'42"E
C4 N68848'41"W
C5 N20°47'40"E
4.48'
17.72'
42.62'
28.13'
13.00'
PLANNINQ • DESIGN • CONSTRUCTION
9755 CLAfEUONT fcBSA BOULEVARD, BUTE 100
SAN OEOO, CALFOnMA 92124-1324
CONSULTING 8SasHSOOO.FAX858.6H5001-wwwflBF.com
l:SpDATA\5S100221\CAOD\MAPPING\EASEMENTS\221CMV«>_Afi002.DWG GMELLOU 10/3/06 3:27 pm SHEET 1 DF 1
CARLSBAD MUNICIPAL WATER DISTRICT QUITCLAIM PLAT
APPLICANT:
KSL LA COSTA RESORT CO.
PREPARED BY:
STEPHEN
EXPIRES: 12/31/2007
LS.7355
PROJECT:
CT 03-01
LA COSTA RESORT
& SPA
PR 06-107
A.P.N.:
216-590-18
EXHIBIT "BJ
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
eWsert Name and Title* the Officfer
On ALucutJ- /? £00% before7jDate '
personally appeared
fe(s) of Signer(s)
ISHERRY A. FRENUNGEft
Commluton * 1727064
Notary PubNe • CoHfomlo I
San Dtogo County -
who proved to me on the basis of satisfactory evidence to
be the persontef whose name(^ is/a/6 subscribed to the
within instrument and acknowledged to me that
he/she/the^ executed the same in his/hdr/thelr authorized
capacity(\etf), and that by his/h«fr/tfoeir signature(sr) on the
instrument the person($, 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.
WITNE
SignatPlace Notary Seal Above w ~7 ^ Signature of Notai
OPTIONAL -h
Though the information below is not required by law, it may prove valuable to persons relying on the
and could prevent fraudulent removal and reattachment of this form to another document.
<ment
Description of Attached Document
Title or Type of Document: _
Document Date:
~ Xvf
. Number of Pi
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 Gee
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:.
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:.
/
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:.
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.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827