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Home My WebLink About2017-11-07; Municipal Water District; Resolution 1587RESOLUTION 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. 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) 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~ 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) 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, CONCAVE 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 RADIAJ;, 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. 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. \ ADJ 12-02 DOC. NO. 2012-0187408 PARCEL B POINT OF COMMENCEMENT NO. Cl C2 CURVE /JA TA TABLE /JELTA RA/J/US LENGTH 00'4!'56" 522.00' 6.37' !5'.35'49" 353.00' 96.09' t/,__ _____ EXIS77NG 20.00' 111/JE WATER LECENO TRUE POINT OF BECINNINC ADJ 12-02 POINT~' DOC. NO. LB 2012-0187408 LINE EASEMENT GRANTE/J TO CARLSBA/J MUNICIPAL WATER /J/STRICT, RECOR/JE/J MARCI-I !!, 2008 AS /JOC. NO. 2008-0/2923! Ll2 f7771 POR710N OF EXIS77NC WATERLINE ~ EASEMENT TO BE OUITCLA/ME/J \ PROPERTY LINE SCALE: I'~ 100' \ \ I I LINE /JA TA TABLE POR 710N OF EXIS77NG \ ~ 20. oo' 111/JE PUBLIC Y',.___ NO. BEAR/NC LI N!OrJ5'59''E L2 N!OrJ5'59''E L3 N36 '58'55''£ L4 N5978'55''E L5 N8!'58'55"E L6 S7S3!05t L7 S26 '.JI 05 ''E LB S26 '.JI fJ5''E L9 S!8'29'48"E LIO S40rJ!'57"E LI! S30 '.JI fJ5''E Ll2 N59'48'47''E EXCEL ENC/NEERING 440 STATE PLACE ESCON/J//JO, CA 92029 PHONE (760) 745-8! 18 REOUESTE/J BY: CHY OF C4RLSBAIJ 16.J5 FARA.a4Y AYENUE C4/..RS840, C4 92008 PHONE (760) 602-27KJ LENCT/-1 58.40' 69.62' 2/.3!' 62.59' 34.80' 61.89' 67.36' 13. 44' 56.92' 39.20' 36.24' !5.6!' U77LITY EASEMENT ' '-.., -----..., ""- PER MAP !5332 '-J"--......_ ',, "-..._ ' ' ' ' '-., ', 01 < .... ' " ' ' ' ' ' ' ' ' ', '\ '--1 I \ \ I I I \ I \ \ \ \ \ \ I \ I I \ I I I I I r_i \ \ \__ ___ J EASEMENT QUITCLAIM PORTION OF EXIST/NC WA !ERLINE EASEMENT PR 15-88 SHT I OF I SHT A.P.N. 21 !-130-12 &- 2! !-!.J!-19 /JATE !!/07/2015 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