HomeMy WebLinkAbout2012-03-13; Municipal Water District; 748; QUITCLAIM WATERLINE LA COSTA RESORT AND SPA17
CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL
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3/13/12
DEPT. CED
QUITCLAIM A PORTION OF WATERLINE
EASEMENT LYING WITHIN LOT 1 OF MAP 14984,
CT 03-01, LA COSTA RESORT AND SPA.
PR 11-30
DEPT.DIRECTOR ^^^^
CITY ATTORNEY J[^_
CITY MANAGER
RECOMMENDED ACTION:
ADOPT Resolution No. 1437 APPROVING the quitclaiming of a portion of wateriine
easement lying within Lot 1 of Carisbad Tract No. 03-01, La Costa Resort and Spa, according to Map
thereof No. 14984, filed in the office ofthe County Recorder of San Diego County on March 18, 2005,
generally located immediately easteriy of the clubhouse.
ITEM EXPLANATION:
On April 1, 2008 a grant deed of water line easement was recorded for wateriine purposes across
portions of property now owned by LC Investment 2010, Inc. Subsequent to the installation and
operation of Carisbad Municipal Water District (CMWD) wateriine facilities within said easement, a
portion of the wateriine facilities were relocated, use and operation of a portion of the facilities within
said easement was abandoned, and a portion of the facilities were removed. The portion of the
easement to be quitclaimed lies within the boundary of CT 03-01, La Costa Resort and Spa. Staff has
confirmed the wateriine facilities in the portion of said easement to be quitclaimed are not in use by
CMWD, and the portion of said easement to be quitclaimed is not needed now or in the future by
CMWD.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within
the meaning of CEQA in that it has no potential to cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and therefore
does not require environmental review.
FISCAL IMPACT:
The item has no fiscal impact to CMWD. The wateriine easement was granted to CMWD for no fee
cost acquisition and CMWD will quitclaim a portion of the easement for no fee cost return to the
property owner. Removal of the remaining abandoned facilities is the responsibility of the property
owner. The owner has paid the standard fee for processing this quitclaim.
EXHIBITS:
1.
2.
3.
1437 Resolution No.
Location Map
Quitclaim Deed (PR 11 -30)
DEPARTMENT CONTACT: Steve Bobbett 760-602-2747 steve.bobbett(@carisbadca.aov
FOR C/7T CLERKS USE ONLY
BOARD ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED 3 CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
EXHIBIT 1
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RESOLUTION NO. 1437
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A RESOLUTION OF THE BOARD OF DIRECTORS OF
3 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD),
QUITCLAIMING A PORTION OF WATERLINE EASEMENT
4 LYING WITHIN LOT 1 OF MAP NO. 14984, LA COSTA RESORT
AND SPA, GENERALLY LOCATED IMMEDIATELY EASTERLY
5 OFTHE CLUBHOUSE. PR 11-30
WHEREAS, it is in the interest ofthe Carisbad Municipal Water District to quitclaim
a portion of wateriine easement acquired per grant of easement to Carisbad Municipal Water
District, recorded April 1, 2008 as Doc. 2008-0166956 in the office ofthe County Recorder of San
Diego County; and
WHEREAS, a portion of said wateriine easement is not required for the purpose for which
it was granted and is not now nor is contemplated to be needed in the future for wateriine
purposes and appurtenant facilities.
NOW, THEREFORE, BE IT RESOLVED by the Carisbad Municipal Water District Board
of the City of Carisbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Carisbad Municipal Water District approves the quitclaim of a portion of
the wateriine easement lying within Lot 1 of Map No. 14984, filed in the office of
the County Recorder of San Diego County on March 18, 2005.
3. That the quitclaim deed (PR 11-30), which is on file with the Secretary and is
incorporated by this reference, is approved.
4. That the President is authorized to execute the quitclaim deed and the Secretary
is hereby authorized to record said document.
Ill
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of
Directors of the Carisbad Municipal Water District of the City of Carisbad on the 13*^
day of March, 2012, by the following vote to wit:
AYES: Board Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
MATT HALL, President
ATTEST:
(SEAL)
INE M. WOOD, Secretary
EXHIBIT 2
DRAm BY: ALFRED fiOMERft mANSPORTAWN DEPT. 2/08/2012 0:\00'y«?7»or\£MaNED?We-COW7ER\S7EVE^^
RECORDING REQUESTED BY:
Carisbad Municipal Water District
WHEN RECORDED MAIL TO:
District Secretary
Carlsbad Munidpal Water District
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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 of properly 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).: 216-593-01
Projed ID: CT 03-01
Related Projed ID(s): PR 11-30
Projed Name: La Costa Resort and Spa
Carisbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911.
and a subsidiary district of the City of Carisbad ("Grantor"), for a valuable consideration, the receipt
and adequacy of which are hereby acknowledged, does hereby remise, release, and quitdaim to LC
Investment 2010. Inc. ("Grantee") all right, title, and interest in the property described in Exhibit A
attached iiereto and made a part of hereof. Exhibit B is attached for clarity only.
Executed on "ff)rAJtth A/
2012, at Carlsbad, California GRANTOR: Carisbad Munidpal Water District, a public
agency organized under the Municipal Water Act of 1911
and a subsidiary district of the City of Carisbad
By
MATT (HALL. President
ATTEST
WO(3Dj6ecretary f^^^
Doc ER-11-06
02/16/2012
EXHIBIT 'A'
QUITCUIM OF A PORTION OF CMWD EASEMENT
PR 11-30
That certain parcel of land being a portion of land as described in that certain
easement granted to Carlsbad Municipal Water District recorded April 1, 2008 as
file/page no. 2008-0166956 of Official Records, lying within Lot 1 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 strip of land 20.00 feet wide, lying 10.00 feet on either side and parallel
with the following described centeriine,
COMMENCING at a point on the centeriine of Parcel 1 of said Carlsbad Municipal
Water District Water Line Easement, said point being the TRUE POINT OF BEGINNING
of Parcel 1; thence along said centeriine, the following courses:
North 89n6'46" East 32.66 feet to the TRUE POINT OF BEGINNING; thence continuing
North 89°16'46" East 3.04 feet; thence South 56°58'14" East 89.25 feet; thence
South 46°43'14" East 115.40 feet; thence South 00°16'46" West 167.80 feet;
thence South 22^54'26" West 462.45 feet; thence South 65°54'26" West 108.22 feet
to the POINT OF TERMINUS.
The sidelines of said 20.00 foot quitclaim to be extended or shortened to
terminate in a line bearing North 32°09'26" East through the POINT OF TERMINUS.
CONTAINING: 0.434 acres, more or less.
APN 216-593-01
This description was prepared by me or under my direction
jWn R. Duquette(jLS 7566
License expires 12/31/2011
RBF CONSULTING
9755 Clairemont Mesa Boulevard, Suite 100
San Diego, California 92124
JN. 55-100705 8/11/2011
H:\pdata\55100705\Admin\legals\0705lgl002-cmwd-QC1.doc Pagel of 1 8/25/20"11
P,Q,C
SEE DETAIL
SHEET 2
COSTA REAL MUNICIPAL
WATER DISTRICT EASEMENT
REC. 10/23/1987 PER
F/P. 87-5980222, O.R.
LEUCADIA COUNTY WATER
DISTRICT ESMT. REC.
7/9/1965 PER F/P.
123282, O.R.
SEE SHEET 2 OF 2 FOR COURSE
DATA, LEGEND, AND BASIS
OF BEARINGS.
LOT 3 SHEET 1 DF 2
CARLSBAD MUNICIPAL WATER DISTRICT PLAT
RBF CONSULTING
9755 CLAIREMONT MESA BLVD.
STE. 100
SAN DIEGO. CA 92124
858.614.5000
PREPARED BY:
ES: 12/31/20
PROJECT:
LA COSTA RESORT aUBHOUSE
POOL WATERLINE RELOCATION
CT 03-01
PR 11-30
A.P.N.:
216-593-01
EXHIBIT "B
H:\PDATA\55100705\CAOO\MAPPING\0705-EX-OOZDWO JOUQUETtE 8/25/11 10:14 am
ff/^<;Tc; OF BEARINGS
BASIS OF BEARINGS IS A
PORTION OF THE CENTERLINE
OF PARCEL 1 OF CARLSBAD
MUNICIPAL WATER DISTRICT
ESMT. REC. 04/01/2008 F/P,
2008-0166956, O.R.
I FGEND
O.C.
T.P.O.B.
INDICATES PORTION OF
PARCEL 1 OF CARLSBAD
MUNICIPAL WATER DISTRICT
EASEMENT REC. 4/1/2008
PER F/P 2008-0166956,
O.R. TO BE QUITCLAIMED
0.434 ACRES
P.O.C. POINT OF COMMENCEMENT
T.P.O.B. TRUE POINT OF BEGINNING
P . 0.T . POINT OF TERMINUS
JASIS OF BEARING
N89°16'46 E
35.70'
DETAIL
NO SCALE
LINE DATA TABLE
® BEARING LENGTH
1 N89''16'46"E 32.66'
2 N89*'16'46"E 3.04'
3 356°58'14"E 89.25'
4 S46''43'14"E 115.40'
5 S00*'16'46"W 167.80'
6 S65''54'26"W 108.22'
SHEET 2 DF a
CARLSBAD MUNICIPAL WATER DISTRICT PLAT
RBF CONSULTING
9755 CLMREMONT MESA BLVD.
STE. 100
SAN DIEGO, CA 92124
858.614.5000
PREPARED BY:
R. DUQUETTE liS. 7566
EXMRES: 12/31/2011
PROJECT:
LA COSTA RESORT CLUBHOUSE
POOL WATERLINE RELOCATION
CT 03-01
PR 11-30
A.P.N.:
216-593-01
99-Tk" EXHIBIT "B
l:\J>DATA\55100705\CADO\MW>PING\0705-E3<-002.0WB JOUQUETTE 8/25/11 10:15 om
ACKNOWLEDGMENT
State of Califomia
County of San Diego J
On March 14, 2012 before me. Sheila Renae Cobian, Notary Public
(insert name and title of the officer)
^^mvJTZory the basis of satisfactory evidence to be the ^son(s7 whose name^)Usia^
subsc S the Within instrument and acknowledged to me that®sh^ executed the same ,n
jgSrauthorized capacityCiee), and that ^y^'^^^j^^'^'^'f^Z^^^^^
pSrsoivS). 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 hand and offidal seal.
Signature v^^Qj O/^^/mo (1^ KjOiW . (Seal)
SHEILA RENAE COBIAN i
Commission # 1848471 I
Notary Public • California 1
San Diego County g
My Comm. Expires May 10,2013 L