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Home My WebLink About1996-05-07; Municipal Water District; 319; Quitclaim of a Water Line Easement. r k 9 i2 e % I ‘_ . . p 2 ii? P CARLSBAD MUNICIPAL WATER DISTRICT - AGEND 46# 319 MTG. 05/07/95 DEPT. CMWD TITLE: QUITCLAIM OF A WATER LINE EASEMENT FOR FOUR SEASONS RESORT AVIARA, C.T. 95-02, CMWD PROJECT NO. 89-509 RECOMMENDED ACTION: Adopt Resolution No. 9 3 5 quitclaiming an easement granted to the Ca rl - sbad Municipal Water District for water line purposes by Aviara Resort Associates for Four seasons Resort Aviara, Carlsbad Tract 95-02, CMWD Project No. 89-509 located over a portion of the site south of Alga Road and north of Batiquitos Drive. ITEM EXPLANATION: This item is a request of the owner of the Four Seasons Resort Aviara, CMWD Project No. 89-509, located over a portion of the site south of Alga Road and north of Batiquitos Drive to quitclaim an easement for water line purposes no longer necessary because proposed facilities will not be constructed at this location. The current design will locate the water facilities within a roadway. FISCAL IMPACT: None EXHIBITS: 1. Location Map 2. Quitclaim Deed 3. Resolution No. 9 3 S quitclaiming an easement granted to the Carlsbad Municipal Water District by Aviara Resort Associates. for the Four Seasons Resort Aviara, Carlsbad Tract 95-02, CMWD Project No. 89-509 LOCATION MAP dTS PROJECT NAME: Project No. Exhiblt No. Four Seasons Resort Aviara Sarlsbad Tract 9502, Unit 1 89-509 Planning 2A and a Portion of 28 1 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 RESOLUTION NO. 935 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT FOR APPROVAL AND EXECUTION OF A QUIT CLAIM DEED FOR WATER LINE PURPOSES FOR FOUR SEASONS RESORT AVIARA, CARLSBAD TRACT 95-02, CMWD PROJECT NO. 89-509 WHEREAS, Aviara Resort Associates has submitted a request for quitclaim of a water line easement over a portion of the site south of Alga Road and north of Batiquitos Drive more particularly described in Exhibit “A” and “B” of the Quitclaim Deed attached thereto and made a part thereof, Carlsbad Tract 95-02, CMWD Project No. 89-509; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it to be in the public interest to quitclaim said easement; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water District, as follows: 1. That the above recitations are true and correct. 2. That the Quitclaim Deed conveying a water line easement over a portion of Four Seasons Resort Aviara, Carlsbad Tract 95-02, CMWD Project No. 89-509, which is on file with the Secretary and is incorporated by this reference; is approved. /Ii Ill Ill III. Ill ill 3. That the president is authorized to execute the deed, and secretary the secretary is hereby authoiized to cause the original deed to be recorded in the Office of the County Recorder of San Diego County, State of California which will be returned to Aviara Resort Associates following recordation. PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Municipal Water District held on the 7th dayof MAY , 193, by the following vote, to wit: AYES: Board Members Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: Board Member Lewis ATTEST: KAREN R. KUNDT ww 2, Secretary ssistant Secretary CMWD 89-509 RECORDING REQUESTED BY Aviara Resort Associates AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, Califoria 92008 MAIL TAX STATEMENTS TO: Aviara Resort Assoicates 7100 Blue Heron Place Carlsbad, California 92909 The undersigned grantor(s) declare(s): Documentary transfer tax is $ 90 0 ( ) computed on full value osrty conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Assessor’s Parcel No. 215-612-91 Project No. & Name CMWD 89.509 Four Seasons Resort Avlara QUITCLAIM DEED CORPORATION WATER LINE EASEMENT FOR FOUR SEASONS RESORT AVIARA CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Corporation, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to AVIARA RESORT ASSOCIATES, a llmfted ~artnershlp all right, title and interest in the property described in Exhibits ‘A’ & ‘B, consisting of 6 (six) page(s), which is(are) attached hereto and made a part hereof. Executed on May 10 1996, at Carlsbad, California , CARLSBAD MUNICIPAL WATER DISTRICT, a Municpal Corporation, ce President KAREN R. KUNDTZ, uistant Secretary 1 06/14/95 Rev. APPROVED AS TO FORM: RONALD Ft. BALL GENEfllJNSEL (Notarial acknowledgement of execution of Grantor must be attached.) State of California 1 County of 3%) D1 gGD on -6 146 before me, R twbi5.F /-&m/a - ~07-mw 63 BLI c personally appeared x /&rrlr7e d\Iquar4 6Zr~d p(G(ef) 6?. %L3r’Id+t IJ J&personally known to me -OR- fJ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ta&be/they executed the same in bis&Mheir authorized capacity(ies), and that by &?&their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Notay Paic - canfofnia WITNESS, my hand and official seal. (This area for official notary seal.) Title or Type of Document 6m-eMlm De-cd eof@dr~&~q Date of Document 5hd9G No. of Pages Signer(s) other than named above /? - &-u CMWD 89-509 2 06/l 4195 Rev. - !sk!et1of3Sheets EXHIBIT 'A' 10/24/199l(DA) 300,16;SV 10277A A.P.N. 215-612-01 LEGAL DESCRIPTION WATER EASEMENT BEING THAT PORTION OF LOT 87 OF CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I - UNIT "B", ACCORDING TO MAP THEREOF NO. 12410, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989 AS FILE NO. 89-345851, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A 15.00 FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT IN THE EASTERLY LINE OF SAID LOT 87 DEFINED AS THE NORTHERLY TERMINUS OF THE COURSE BEARING NORTH 47*47'47" WEST, 74.00 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 82*36'44" WEST, 137.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 78O57'11" WEST, 65.00 FEET; THENCE SOUTH 11*02'49" EAST, 38.64 FEET; THENCE SOUTH 56*02'49" EAST, 23.33 FEET; THENCE SOUTH 11°02'49" EAST, 30.74 FEET; THENCE NORTH 78*57'11" EAST, 5.00 FEET; THENCE SOUTH llOO2'49' EAST. 20.00 FEET; THENCE SOUTH 78O57'11" WEST, 5.00 FEET; THENCE SOUTH 11°02'49" EAST, 73.04 FEET TO THE BEGINNING OF A TANGENT 130.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28*43'22" A DISTANCE OF 65.17 FEET; THENCE SOUTH 39O46'11" EAST, 26.38 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02O13'56" A DISTANCE OF 5.84 FEET; THENCE NORTH 54°10'54n EAST, 8.73 FEET; THENCE SOUTH 35*49'06" EAST, 9.00 FEET; THENCE SOUTH 54*10'54" WEST, 8.73 FEET TO THE BEGINNING OF A NON-TANGENT 150.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID POINT BEARS NORTH 55*54'03" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14'44'40" A DISTANCE OF 38.60 FEET; THENCE SOUTH 19O21'17" EAST, 63.24 FEET TO THE BEGINNING OF A TANGENT 80.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14OO3'29" A DISTANCE OF 19.63 FEET, TO THE BEGINNING OF A COMPOUND 28.00 FOOT C.M.W.D. 89-509 !sk&2of3sheets EXHIBIT 'A' RADIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAL LINE TO SAID POINT BEARS SOUTH 56*35'14" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28*22'32" A DISTANCE OF 13.87 FEET; THENCE SOUTH 5OO25'20" WEST, 32.38 FEET; THENCE NORTH 39*34'40" WEST, 10.00 FEET; THENCE NORTH 50*25'20" EAST, 15.13 FEET TO THE BEGINNING OF A NON-TANGENT 95.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST, A RADIAL LINE TO SAID POINT BEARS SOUTH 53026'21n WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17O12'22" A DISTANCE OF 28.53 FEET; THENCE NORTH 19*21'17" WEST, 63.24 FEET TO THE BEGINNING OF A TANGENT 135.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2OO24'54" A DISTANCE OF 48.10 FEET; THENCE NORTH 39*46'11' WEST, 26.38 FEET TO THE BEGINNING OF A TANGENT 145.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28*43'22" A DISTANCE OF 72.69 FEET; THENCE NORTH 11'02'49" WEST, 75.04 FEET; THENCE SOUTH 78O57'11" WEST, 15.00 FEET; THENCE NORTH llOO2'49" WEST, 20.00 FEET; THENCE NORTH.78*57'11" EAST, 15.00 FEET; THENCE NORTH llOO2'49" WEST, 22.52 FEET; THENCE NORTH 56*02'49" WEST, 23.33 FEET; THENCE NORTH llOO2'49" WEST, 17.47 FEET; THENCE SOUTH 78O57'11" WEST, 40.19 FEET TO THE BEGINNING OF A TANGENT 82.50 FOOT RADIUS CURVE CONCAVE M THE NORTH; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38*33'21" A DISTANCE OF 55.52 FEET, TO THE BEGINNING OF A REVERSE 52.50 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, A RADIAL LINE TO SAID POINT BEARS NORTH 27O30'32" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64*20'16" A DISTANCE OF 58.95 FEET; THENCE SOUTH 53°10'16" WEST, 45.12 FEET TO A POINT ON THE EASTERLY LINE OF THE PROPOSED GENERAL UTILITY AND ACCESS EASEMENT KNOWN AS BLUE HERON PLACE (PRIVATE), SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT 235.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID POINT BEARS NORTH 55*00'00" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02*23'25" A DISTANCE OF 9.80 FEET; THENCE NORTH 37O23'25" WEST, 5.20 FEET; THENCE LEAVING SAID PROPOSED GENERAL UTILITY AND ACCESS EASEMENT KNOWN AS BLUE HEREON PLACE (PRIVATE) NORTH 53*10'16" EAST, 45.06 FEET TO THE BEGINNING OF A TANGENT 67.50 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 64O20'16" A DISTANCE OF 75.80 FEET, TO THE BEGINNING OF A REVERSE 67.50 FOOT RADIUS CURVE C.M.W.D. 89-509 Sheet3of3Sheets EXHIBIT 'A' CONCAVE TO THE NORTH, A RADIAL LINE TO SAID POINT BEARS SOUTH 27*30'32" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38O33' 21" A DISTANCE OF 45.42 FEET; THENCE NORTH 78O57'11" EAST, 40.19 FEET; THENCE NORTH 11*02'49" WEST, 68.27 FEET; THENCE NORTH 41'32'49" WEST, 109.33 FEET TO THE BEGINNING OF A NON-TANGENT 355.00 FOOT RADIUS CURVE CONCAVE TO THE WEST, A RADIAL LINE TO SAID POINT BEARS SOUTH 83*41'57" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12O46'14" A.DISTANCE OF 79.13 FEET; THENCE NORTH 06°28'11" WEST, 41.27 FEET TO THE BEGINNING OF A TANGENT 365.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00*47'06" A DISTANCE OF 5.00 FEET; THENCE NORTH 83*31'49" EAST, 24.97 FEET; THENCE SOUTH 06*28'11n EAST, 20.00 FEET; THENCE SOUTH 83*31'49" WEST, 10.00 FEET; THENCE SOUTH 06*28'11" EAST, 26.27 FEET TO THE BEGINNING OF A TANGENT 370.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11*25'26" A DISTANCE OF 73.77 FEET; THENCE SOUTH 84*16'17" EAST, 10.00 FEET; THENCE SOUTH 05*43'43" WEST, 11.20 FEET; THENCE SOUTH 41'32'49" EAST, 9 93.26 FEET; THENCE SOUTH 11°02'49" EAST, 49.98 FEET; THENCE NORTH 78O57'11" EAST, 49.00 FEET; THENCE NORTH 11*02'49" WEST, 12.00 FEET; THENCE NORTH 78°57'11" EAST, 16.00 FEET; THENCE SOUTH 11*02'49" EAST, 22.00 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED-PARCEL OF LAND CONTAINS 15603 SQUARE FEET OR 0.358 ACRES OF LAND MORE-OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFARMANCE WITH THE LAND SURVEYORS LICENSE EXPIRATION DATE: 12-31-92 C.M.W.D. 89-509 I . - @. . INDICA ?ES ,MSJZNG GENERAL UJ7iITY & ACCESS EASEMENT JO CITY OF CARBAD, RECORDfD 2/8/9J flL E NO. 1993-0082352 0. R. @. . INDICA TES EXXNG 102’ PU..t!IC RIGHT OF WA Y (ALGA ROAD) DEDICA FD To cf m 0F CARLSBAD PER DCOUMENJ No. 89-345765 RECORDED 6/29/89, OR f / . L’VDICA ?Fi RECORD DA TA PER DOCUMEN J RECORDED 2/8/93 AS fLE NO 1993-0082352. ( ) . INDICA IES RECORD DATA PER MAP No. 12410. m] INDCA ?ES WA ?ER fASZX4ENT TO BE OUI XLAIMED. I I I \ 87 MAP No SULE I fl \\ DATA TABLE 0. . N 47’47’13’W 74.00' z (N 47’47’47” w . . N 8236’28” W I3Z69' * N 3723'09" w (N 37?3’25’W/ 17552' ) GRAPHIC SCALE 0’ 200' 400 ’ 600' 800' SCALE: I “= 200’ EXHIBIT “B” A Ll4fIlZ-D PARThERS%’ 7m 6w.f HL#Iw mcf 92mQ I QUITCLAIM WATER EASEMENT 5469K.unyvmBRoad~0305.smoi.gaCA92223 -seL-- T.f.phomd4W) 278-9392 Fmx:t619) 279-4629 ~- -, , aSum DA TA TAt.- - 0’ 30’ 60’ SCALE ? “= 60’ 7m c i+ /Y.a &Y-35 n 1//,1A’A TWA 55 EXHIBIT “B” bwEmRm 8C ApIpIsy)bt-D 8C AUMA REsmr AssmA?ES A UW?ii PARIMRHP 7rdo &WE HEm RALT PAL4 C IXWOTIA arr #tx4aQ AVIARA ,&y 12-31-99 EP. DAB hf.. Ma DAE am 03/ow9a n- - ‘-meO’ r-- lylr NOLTE and ASSOCIATES, Inc. ~ggy--g& Engineers / Planners / Surveyors QUITCLAIM t .9*\00\ 0 WATER EASEMENT zicl&.... sa9lcnmyVIRo9dsutr3ossmDlyo.cA92Q2 - V tdmphond6l9, 27&9292 Fmxd639) 2794628 -, i? oa8an .- DATA L-AM- I A4osr N#?liYERL Y CrnNER of ior 5 A !A%=A PHA Sk? / OUlT%LAMED LJ!lY/T ‘3’ t J ** INQKA ES KCG9?D DATA PER MAP NO l241a. 0’ 30’ 60’ SCALE I”= 60’ EXHIBIT “B” -LWSL-lwp QUITCLAIM Yna m WATER EASEMENT