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Home My WebLink About2017-11-07; Municipal Water District; ; Adopt a Resolution quitclaiming a portion of a public water easement at 5420, 5430 and 5440 Grand Pacific DriveMeeting Date To: From: Staff Contact: Subject November 7, 2017 President and Board Kevin Crawford, Executive Manager David Rick, Associate Engineer david.rick@carlsbadca.gov or 760-602-2781 CA Review~ Adopt a Resolution quitclaiming a portion of a public water easement at 5420, 5430 and 5440 Grand Pacific Drive. Recommended Action Adopt a Resolution approving a quitclaim of a portion of a public water easement for an existing water system designed solely for fire service at 5420, 5430 and 5440 Grand Pacific Drive, thereby converting the water system with one fire hydrant to private ownership and maintenance. Executive Summary Grand Pacific Carlsbad Hotel Company, the property owner at 5440 Grand Pacific Drive and Grand Pacific Carlsbad, LP., a California Limited Liability Company, the property owner at 5420 and 5430 Grand Pacific Drive, are requesting to quitclaim a portion of a public water easement over an existing water pipe and related appurtenances solely designed for fire service. The easement was originally dedicated per Doc No. 2008-0129231 on March 11, 2008 when all on- site fire systems were designed to be public. Consistent with the water district's current directive to design water systems on private property as private systems when feasible, the water system constructed within this easement is to be converted from public ownership to private ownership, thereby reducing city maintenance and repair costs. Discussion On November 17, 2015, the City Council adopted Resolution No. 2015-282 approving Carlsbad Ranch Planning Area 5, a development for 172 timeshare condominium units, an 88 room hotel and a 17,000 square foot conference room and restaurant. As part of that approval, some of the on-site public water system providing fire service to both the proposed Westin hotel and the existing Sheraton hotel was redesigned to a private system. Resolution No. 2015-282 also adopted the project-related conditions of Planning Commission Resolution No. 7124, including Condition No. 52 which required the developer to process the necessary documentation to convert a portion of the existing on-site water main and fire hydrants to private ownership and maintenance. The system has recently been redesigned and reconfigured to a private system in accordance with approved construction plans. This quitclaim, together with the separate summary vacation of a water easement (STV 15-01), is the last step to convert the system from public to private ownership. California law requires periodic inspection, testing and maintenance of private fire systems via industry-wide standard National Fire Protection Association 25 to ensure continuous proper function. November 7, 2017 Item #11 Page 1 of 10 Fiscal Analysis The public water easement being quitclaimed was for a no fee cost acquisition and the city will quitclaim said easement for no fee. All fees necessary to process this quitclaim have been paid by the developer. The water system improvements were constructed by the property owner/developer at no cost to the district. Converting the water system from public ownership to private ownership will reduce maintenance and repair costs to the district. Next Steps The City Clerk will record this Resolution, the attached legal description and plat in the Office of the County Recorder of San Diego County. Upon the date that this resolution is recorded in the County Recorder's Office, the area being vacated no longer constitutes a public water easement and the underlying water system will no longer be publicly owned or maintained. Environmental Evaluation (CEQA) The proposed vacation does not qualify as a 'project' under the California Environmental Quality Act (CEQA) per Public Resources Code Section 21065 and State CEQA Guidelines Section 15378 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. Public Notification No public notification is required for a quitclaims. Exhibits 1. CMWD Resolution 2. Location Map November 7, 2017 Item #11 Page 2 of 10 RESOLUTION NO. 1587 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD (CMWD), APPROVING A QUITCLAIM OF A PORTION OF A WATER EASEMENT FOR AN EXISTING WATER SYSTEM AT 5420, 5430 AND 5440 GRAND PACIFIC DRIVE (PR 15-88). Exhibit 1 WHEREAS, the Carlsbad Municipal Water District Board, subsidiary of the City of Carlsbad, California has determined that Grand Pacific Carlsbad Hotel Company, owner of property at 5440 Grand Pacific Drive and Grand Pacific Carlsbad, L.P., A California Limited Partnership, owner of property at 5420 and 5430 Grand Pacific Drive, more particularly described as Parcel A and B, respectively, of ADJ 12-02 as shown on City of Carlsbad Certificate of Compliance No. CE 12-04, recorded April 2, 2012 as Doc. No. 2012-0187408 of Official Records filed in the Office of the County Recorder of the County of San Diego, has filed an application to quitclaim a portion of a public water easement over said property; and WHEREAS, the City Council approved City Council Resolution 2015-282 on November 17, 2015 approving Carlsbad Ranch Planning Area 5, CT 15-08, PUD 15-16, SOP 03-02(A), CUP 03-0l(A), CDP 03- 04(A) and the findings and conditions contained in Planning Commission Resolution No. 7124 for the development of 172 timeshare airspace condominium units within 11 buildings, 88 hotel rooms in one building, a 17,000 square foot resort building with meeting room and restaurant, a pool and on-site parking; and WHEREAS, condition No. 52 of Planning Commission Resolution No. 7124 contemplated the conversion a public water main and fire hydrants to private ownership and maintenance and the quitclaim of the related public water easement; and WHEREAS, said water easement is not required for the purpose for which it was granted and is not now, nor is it contemplated to be, needed for future public waterline purposes and appurtenant facilities; and WHEREAS, California law requires the property owner to inspect, test and maintain private fire systems to ensure continuous function. NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. November 7, 2017 Item #11 Page 3 of 10 2. That the CMWD Board approves the quitclaim of a portion of the water easement, granted via Document No. 2008-0129231 as described in Attachment A. 3. That the quitclaim deed (PR 15-88), which is on file with the Secretary and is incorporated herein by reference, is approved. 4. That the President is authorized to execute the quitclaim deed attached hereto as Attachment A and the Secretary is hereby authorized to record said document. PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District of the City of Carlsbad on the 7th day of November, 2017, by the following vote, to wit: AYES: NOES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. ABSENT: None. ~~ MATT HALL, PRESIDENT ( 1?/mw'-0-krrla~ L,., BARBARA ENGLESON, SECRETARY D V'- (SEAL) November 7, 2017 Item #11 Page 4 of 10 RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2017-0562383 11111111111111111111111111111111 lllll 111111111111111111111111111111111 Dec 04, 2017 11 :05 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $30.00 PCOR N/A PAGES 6 ---------------'------SPACE ABOVE THIS LINE FOR RECORDER'S USE---- QUITCLAIM DEED OF EASEMENT The undersigned grantor(s) declare(s): Documentary transfer tax is $ O (easement) Assessor's Parcel No(s).: 211-130-12 & 211-131-19 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and Project ID: ~C~T~1~5-~0~8 ________ _ Related Project ID(s): "-P""'"R"""'1~5--=8~8 ____ _ encumbrances remaining at time of sale ) Unincorporated area: ( X ) City of Carlsbad Project Name: CARLSBAD RANCH PA 5 Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad ("Granter"}, for a valuable consideration, the receipt and adequacy of which are hereby acknowledged, does hereby remise, release, and quitclaim to Grand Pacific Carlsbad Hotel Company and Grand Pacific Carlsbad, L.P., A California Limited Partnership ("Grantee") all right, title, and interest in the property described in Exhibit A attached hereto and made a part of hereof. Exhibit B is attached for clarity only. Executed on (} Qj} , '8 , 20 I 1 , at Carlsbad, California 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 ByMA~L ATTEST: ~b&Z£1-11Lv~ November 7, 2017 Item #11 Page 5 of 10 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 CalifQEA-ia n· County of ~ k)i Q'f{2 On -~!~l~/~g~/~J~J~---before me, .."-,£1...:....::L...L....==:~=-u_;:cla.."'-=-#--'----'-~~:L...U...,L..+---1--L--=----'----1c.+---- (insert name and title of th personally appeared _ _____._{/(J------'-____,__,.Q.__,_~ti=-----_____.i,_{i~cJ_Q'---'·'---_,__ ___________ _ who proved to me on the basis of satisfactory evidence to be the person.(,5Jwhose name(at is/-Me- subscribed to the within instrument and acknowle5*~? to __ ~~ tha~ executed the same in ~ authorized capacityfiesJ, and that b~ signatur~ on the instrument the personM, or the entity upon behalf of which the personksracted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • TAMARA R. MCMINN · Nota. ry Public -California San Diego County ~ COMmi11ion II 2159561 ~ · M Comm. Ex Ires Jul 10, 2020 (Seal) November 7, 2017 Item #11 Page 6 of 10 EXHIBIT "A" LEGAL DESCRIPTION PR 15-88 PORTIONS OF PARCEL A AND B OF ADJ 12-02 AS SHOWN ON CITY OF CARLSBAD CERTIFICATE OF COMPLIANCE NO. CE 12-04, RECORDED APRIL 2, 2012 AS DOC. NO. 2012-0187408 OF OFFICIAL RECORDS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 A 20.00 FOOT WIDE EASEMENT, THE SIDELINES OF SAID EASEMENT LYING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL A, SAID POINT ALSO LYING ON A 522.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 64°02'59" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG THE WESTERLY LINE OF SAID PARCEL A, THROUGH A CENTRAL ANGLE OF 00°41'56", AN ARC LENGTH OF 6.37 FEET TO THE BEGINNING OF A 353.00 FOOT RADIUS REVERSE CURVE, CONCA VE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 64°44'55" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 15°35'49", AN ARC LENGTH OF 96.09 FEET, A RADIAL TO SAID POINT BEARS SOUTH 49°09'06" WEST; THENCE LEA YING SAID WESTERLY LINE OF PARCEL A, NORTH 49°09'02" EAST A DISTANCE OF 89.17 FEET; THENCE NORTH 10°05'59" EAST A DISTANCE OF 58.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 10°05'59" EAST A DISTANCE OF 69.62 FEET; THENCE NORTH 36°58'55" EAST A DISTANCE OF 21.31 FEET; THENCE NORTH 59°28'55" EAST A DISTANCE OF 62.59 FEET; THENCE NORTH 81 °58'55" EAST A DISTANCE OF 34.80 FEET; THENCE SOUTH 75°31 '05" EAST A DISTANCE OF 61.89 FEET; THENCE SOUTH 08°01 '05" EAST A DISTANCE OF 109.31 FEET; THENCE SOUTH 26°31'05" EAST A DISTANCE OF 67.36 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'A'; THENCE CONTINUING SOUTH 26°31'05" EAST A DISTANCE OF 13.44 FEET; THENCE SOUTH 18°29'48" EAST A DISTANCE OF 56.92 FEET; THENCE SOUTH 40°01'57" EAST A DISTANCE OF 39.20 FEET; THENCE SOUTH 30°31'05" EAST A DISTANCE OF 36.24 FEET AND THE END THEREOF. November 7, 2017 Item #11 Page 7 of 10 PARCEL2 A 10.00 FOOT WIDE EASEMENT, THE SIDELINES OF SAID EASEMENT LYING 5.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT 'A'; THENCE NORTH 59°48'47" EAST A DISTANCE OF 15.61 FEET TO THE END THEREOF. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1. SAID DESCRIBED PARCELS CONTAINS 11,509 SQUARE FEET. November 7, 2017 Item #11 Page 8 of 10 \ ~ LE GENO ADJ 12-02 DOC. NO. 2012-0187408 PARCEL B POINT OF COMMENCEMENT \ TRUE POINT OF BECINN/NC ADJ 12-02 POINT :.4, DOC. NO. LB 2012-0187408 PORTION OF £XIS TINC JfA !ERLINE EASEMENT TO BE OUITCLA/MED CURVE DA TA TABLE NO. DELTA RADIUS LENCTH Cl 00'4!'56,, 522.00 1 6.371 C2 !S35'49,, 353.00 1 96.091 /fE---....EXISTINC 20. 00' J41/DE JfA TER LINE EASEMENT GRANTED TO CARLSBAD MUNICIPAL JfA TER DISTRICT, RECORDED MARCH !!, 2008 AS DOC. NO. 2008-0/2923! Ll2 \ PROPERTY LINE SCALE /'~/00' LINE DA TA TABLE I I I I PORTION OF EXIST/NC \ ~ NO. BEAR/NC LI N/0'05'59,,£ L2 N/0'05'59,,£ L3 N36'58'55"£ L4 N59'28'55"£ L5 N8!'58'55,,E L6 S7S3!05t L7 S26"3!05t L8 S26"3!05t L9 S!8'29'48T LIO S40'0!'57T LI! S30"3!05t Ll2 N59 '48'47"£ EXCEL ENC/NEER/NC 440 STATE PLACE ESCONDIDO, CA 92029 PHONE (760) 745-8/18 REOUESTED BY: CRY OF C4HLS840 16.15 FAHAIJ4Y AWUE C4LRSB41), C4 !}2008 PHONE (760) 602-27HJ LENCTH 58.401 69.621 21.31' 62.591 34.801 61.89' 67.361 13.44' 56.921 39.201 36.241 15.6!' 20. oo' MD£ PUBLIC Y',, UTILITY EASEMENT ' , ---...._, "' PER MAP 15332 L.r--, ',, "' ' ' ' ' ''> ', 01 { " ' " ' ' ' ' ' ' ' ' ', \ " I I I I I I I I I I \ \ \ I I I I I I I I I I I I rJ \ \ I J \...--- EASEMENT QUITCLAIM PORllON OF EX/SllNG WATERLINE EASEMENT PR 15-88 SHT I OF I SHT A.P.N. 21/-/30-!2 & 2!!-131-!9 DATE !!/07/2015 November 7, 2017 Item #11 Page 9 of 10 SITE MAP EASEMENT QUITCLAIM • N NOT TO SCALE EXHIBIT 2 Carlsbad Ranch PA 5 Water Easement Quitclaim PR 15-88 November 7, 2017 Item #11 Page 10 of 10