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Home My WebLink About2021-07-20; Municipal Water District; ; Quitclaim of a Water Line Easement for RAF Pacifica Group Fusion Over Lots 33 and 34 of Map Number 11288 located at 1950 Camino Vida Roble, SDP 2019-0012, VAC 2020-0001Meeting Date: July 20, 2021 To: President and Board Members From: Scott Chadwick, Executive Manager Staff Contact: Kyrenne Chua, Associate Engineer kyrenne.Chua@carlsbadca.gov, 760-602-2744 Subject Quitclaim of a Water Line Easement for RAF Pacifica Group Fusion Over Lots 33 and 34 of Map Number 11288 located at 1950 Camino Vida Roble, SDP 2019-0012, VAC 2020-0001 District 2 Recommended Action Adopt a resolution approving a quitclaim of a water line easement for RAF Pacifica Group Fusion over Lots 33 and 34 of Map No. 11288 located at 1950 Camino Vida Roble, SDP 2019- 0012, VAC 2020-0001. Executive Summary RAF Pacifica Group and 170 Arrowhead Partners, the property owners of 1950 Camino Vida Roble (Lots 33 and 34 of Map No. 11288), are requesting a quitclaim of a waterline easement. The easement was dedicated to Carlsbad Municipal Water District on May 13, 1996, and contains a public water line and related equipment that only serves the subject property. With the redevelopment of the property, the public water system will be converted to a private system. Because the district has no anticipated future use of the easement, staff recommends approving the quitclaim request. As noted in CMWD ordinance, quitclaim requests require the approval of the CMWD’s board of directors. Discussion On May 13, 1996, an easement was dedicated to CMWD for water line purposes and recorded as instrument No. 1996-0242910 of official records. A CMWD waterline was constructed within the easement and currently serves the existing industrial office building at 1950 Camino Vida Roble. On May 12, 2020, the City Planner administratively approved permits (SDP 2019-0012 and PUD 2019-0007) to develop an outdoor employee amenity area on the existing parking lot and drive aisles. Condition No. 31 of these permits required the developer to process the necessary documentation to convert the on-site public water system to a private water system. This is consistent with the district’s current directive to design water systems on private property as private water systems when feasible, to reduce the need to access the property for repairs and avoid damage to private property improvements. The system has been redesigned to conform to the requirements of a private system in accordance with approved construction July 20, 2021 Item #2 Page 1 of 11 plans, so staff recommend approving a quitclaim of a water line easement for RAF Pacifica Group Fusion over Lots 33 and 34 of Map No. 11288 located at 1950 Camino Vida Roble, SDP 2019-0012, VAC 2020-0001. Options Staff recommend quitclaiming the water line easement, as requested. • Quitclaiming the waterline easement alleviates CMWD maintenance cost and responsibility of the water line on private property • If the water line easement is not quitclaimed, CMWD would retain maintenance responsibility and may damage private improvements during water line repair. • Staff identified no benefits to the city in not approving this quitclaim request. Fiscal Analysis There are no fiscal impacts with quitclaiming this easement. All fees necessary to process this quitclaim have been paid by the developer. Next Steps Staff will record the attached quitclaim deed, legal description and plat, the map showing the divisions of land, with the Office of the County Recorder of San Diego County. Environmental Evaluation (CEQA) The proposed quitclaim does not constitute a “project” within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 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 and Outreach Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. Carlsbad Municipal Water District resolution 2. Location map July 20, 2021 Item #2 Page 2 of 11 RESOLUTION NO. 1661 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD (CMWD), APPROVING A QUITCLAIM OF A WATER LINE EASEMENT OVER LOTS 33 AND 34 OF MAP NO. 11288 LOCATED AT 1950 CAMINO VIDA ROBLE, SDP 2019-0012, VAC 2020-0001 WHEREAS, the Carlsbad Municipal Water District Board has determined that RAF Pacifica Group — Real Estate Fund IV, LLC, ARKA Monterey Park, LLC and 170 Arrowhead Partners, LLC, the property owners of Lot 33 and 34 of Map No. 16092 filed in the Office of the County Recorder of the County of San Diego on July 16, 1985, have filed an application to quitclaim a water line easement over all properties; and WHEREAS, on May 13, 1996, an easement was dedicated to Carlsbad Municipal Water District for water line purposes recorded as instrument no. 1996-0242910 of official records; and WHEREAS, the water line easement is no longer required for the purpose for which it was granted and is not now, nor is it contemplated to be, needed for future public water line purposes; and 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. 2.That the Carlsbad Municipal Water District Board of Directors quitclaims a water line easement recorded on May 13, 1996 as recorded instrument no. 1996-0242910 over portions of Lots 33 and 34 of Map No. 11288 located at 1950 Camino Vida Roble, as described in Attachment A. 3.That the quitclaim deed (Attachment A), on file with the Secretary and 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 both documents. July 20, 2021 Item #2 Page 3 of 11 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District of the City of Carlsbad on the 20th day of July, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel. NAYS: None. ABSENT: None. MATT HALL, PRESIDENT POCki Gane2 Pepc/ -1-`c BARBARA ENGLESON:SECRETARY Crii` (SEAL) July 20, 2021 Item #2 Page 4 of 11 ATTACHMENT A EXHIBIT "A" DESCRIPTION VAC 2020-0001 ALL THAT PORTION OF LOTS 33 AND 34 OF CARLSBAD TRACT NO. 81-46, UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP NO. 11288 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JULY 16, 1985, BEING A STRIP OF LAND 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE OF, AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 34.' SAID POINT ALSO BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF KELLOGG AVENUE (72.00 FEET WIDE); THENCE ALONG THE WESTERLY LINE OF SAID LOT 34 AND SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 9°34'56" EAST 98.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE AND SAID EASTERLY RIGHT-OF-WAY LINE ALONG SAID CENTERLINE, NORTH 79°39'41" EAST 75.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE NORTH 79°39'41" EAST 245.31 FEET; THENCE SOUTH 37°50'19" EAST 4.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B": THENCE SOUTH 37°50'19" EAST 88.20 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C"; THENCE SOUTH 37°50'19" EAST 42.72 FEET; THENCE SOUTH 10°20'19" EAST 209.02 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D"; THENCE SOUTH 10°20'19" EAST 212.16 FEET; THENCE SOUTH 79°39'41" WEST 89.83 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "E"; THENCE SOUTH 79°39'41" WEST 22.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "F"; THENCE SOUTH 79°39'41" WEST 59.98 FEET; THENCE NORTH 66°07'22" WEST 151.35 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "G": THENCE NORTH 66°07'22" WEST 57.48 FEET; THENCE NORTH 10°20'19" WEST 50.29 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "H"; THENCE NORTH 10°20'19" WEST 169.15 FEET; THENCE NORTH 0°54'41" EAST 85.50 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "I"; THENCE NORTH 0°54'41" EAST 106.17 FEET; THENCE NORTH 10°20'19" WEST 16.00 FEET TO THE HEREINABOVE MENTIONED POINT "A"; THENCE SOUTH 79°39'41" WEST 75.00 FEET TO THE TRUE POINT OF BEGINNING. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS AND LOT LINES. ALSO: BEGINNING AT ABOVE MENTIONED POINT "B"; THENCE NORTH 52°09'41" EAST 30.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "C"; THENCE SOUTH 52°09'41" WEST 20.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "D"; THENCE NORTH 79°39'41" EAST 23.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "E"; THENCE SOUTH 10°20'19" EAST 40.00 FEET; THENCE NORTH 79°39'41" EAST 20.00 FEET TO A PONT OF TERMINATION. July 20, 2021 Item #2 Page 5 of 11 BEGINNING AT ABOVE MENTIONED POINT "F"; THENCE SOUTH 10°20'19" EAST 23.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "G"; THENCE SOUTH 23°52'38" WEST 62.00 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 33 AND NORTHEASTERLY RIGHT-OF-WAY OF CAMINO VIDA ROBLE (72.00 FEET WIDE) AND THERE TERMINATING. BEGINNING AT ABOVE MENTIONED POINT "H"; THENCE SOUTH 79°39'41" WEST 45.00 FEET TO A POINT OF TERMINATION. BEGINNING AT ABOVE MENTIONED POINT "I"; THENCE NORTH 89°05'19" WEST 20.00 FEET TO A POINT OF TERMINATION. THE SIDELINES OF SAID STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED AT ALL ANGLE POINTS. ALSO: ALL THAT PORTION OF SAID LOT 34 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID L0'1' 34, SAID POINT BEING ON THE NORTHERLY SIDELINE OF THE HEREINABOVE DESCRIBED 15.00 FOOT WIDE STRIP OF LAND; THENCE ALONG NORTHERLY SIDELINE NORTH 79°39'41" EAST 75.00 FEET; THENCE LEAVING SAID NORTHERLY SIDELINE NORTH 9°34'56" WEST 10.00 FEET; THENCE SOUTH 79°39'41" WEST 75.00 FEET TO SAID WESTERLY LINE; THENCE ALONG SAID WESTERLY LINE SOUTH 9°34'56" EAST 10.00 FEET TO THE POINT OF BEGINNING. SEE EXHIBIT "B" ATTACHED HERETO. t +14-- ZO 20 GARY D. MELLOM, PLS 8537 DATE July 20, 2021 Item #2 Page 6 of 11 July 20, 2021 Item #2 Page 7 of 11 SAVE DATE: — PL s13140 RAF PACIFICA GROUP1SURVEY\DRAWING‘EASEIVIENTSka140-SV-ESIVIT-QUITC EXHIBIT "B" VICINITY MAP LA/vo DATE: PASCO LARET SUITER ASSOCOATES San Diego I Solana Beach I Orange County Phone 858.259.8212 I www.plsaengineering.com PUBLIC WATER EASEMENT QUITCLAIM SCALE: 1"=1000' VAC 2020-0001 SDP 2019-0012 SHEET 1 OF 2 GARY ct D. MELLOM LS 8537 GARY D. MELLOM, PLS 8537 July 20, 2021 Item #2 Page 8 of 11 RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 QUITCLAIM DEED OF EASEMENT The undersigned grantor(s) declare(s): Assessor’s Parcel No(s).: 212-093-05-00 Documentary transfer tax is $ 0 (easement) 212-093-12-00 ( ) computed on full value of property conveyed, or Project ID: SDP 2019-0012 ( ) computed on full value less value of liens and Related Project ID(s): VAC 2020-0001 encumbrances remaining at time of sale PUD 2019-0007 ( ) Unincorporated area: ( X ) City of Carlsbad Project Name: RAF Pacifica Group Fusion 1950 Camino Vida Roble Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad (“Grantor”), for a valuable consideration, the receipt and adequacy of which are hereby acknowledged, does hereby remise, release, and quitclaim to RAF Pacifica Group – Real Estate Fund IV, LLC, a California limited liability company, for an undivided 15%, ARKA Monterey Park, LLC, a Utah limited liability company, an undivided 67%, and 170 Arrowhead Partners, LLC, a California limited liability company, for an undivided 18%, all as tenants in common (“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 , GRANTOR: Carlsbad Municipal Water District, a public 2021, at Carlsbad, California agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad By ___________________________________________ MATT HALL, President ATTEST: ___________________________________________ BARBARA ENGLESON, Secretary SPACE ABOVE THIS LINE FOR RECORDER'S USE July 20, 2021 Item #2 Page 9 of 11 July 20, 2021 Item #2 Page 10 of 11 PALOMAR AIRPORT RDOWENS AVCAMINOVIDAROBLE PALOMAR OAKS WY KELLOGG AV AIRCRAFT DY SDP 2019-0012 / VAC 2020-0001 Quitclaim Waterline Easement Over Lots 33 and 34 of Map No. 11288 SITE MAP J PROJECTSITE E L C AMINO R E ALLA COSTA AVCARLSBAD B L MELROSE DR McClellan-Palomar Airport J:\cbgis\products\planning\LocationMap\A_Template_For_Location.mxd EXHIBIT 2 July 20, 2021 Item #2 Page 11 of 11