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Home My WebLink About2006-12-19; Municipal Water District; 625; Quitclaim water line La Costa Resort and Spa1 CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL AB# 625 MTG. 12/19/06 DEPT. ENG QUITCLAIM OF A PORTION OF A WATPHI IMF PAQFMPNT I VIMfS WITHINVVA 1 CnLMNC CMo CIVIC N 1 LT UNO VVI 1 nl IN LA COSTA RESORT AND SPA PROPERTY (CT 03-01) DEPT. HEAD "j^-T^T CITYATTY. (S^^/ CITY MGR. "^i-^ RECOMMENDED ACTION: Adopt Resolution No.1286 quitclaiming a portion of an easement for waterline purposes lying within Lots 31, 34, 35 and 36 of Carlsbad Tract No. 03-01. ITEM EXPLANATION: The waterline originally located within the portions of the easement to be vacated has been relocated to the west with the development of La Costa Resort and Spa, CT 03-01, Unit 2. A new easement has been recorded over the relocated facilities, and the portions of the old easement are no longer necessary. Staff recommends that the Board of Directors approve the quitclaim requested by KSL La Costa Resort Co., LLC. ENVIRONMENTAL IMPACT: The activity is exempt from California Environmental Quality Act (CEQA) review per CEQA Section 15061 (b)3, because it can be seen with certainty that there is no possibility that the quitclaim may have a significant effect on the environment. FISCAL IMPACT: None. EXHIBITS: 1. Location Map. Quitclaim Deed.2. 3.1286 quitclaiming easement for waterline purposes lying withinResolution No. _ Lots 31, 14, 35, and 36 of CT 03-01, Map No. 15108. DEPARTMENT CONTACT: David Mauser, (760) 602-2739, dhaus@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. BOARD ACTION: APPROVED D DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D LOCATION MAP LA COSTA RESORT & GOLF COURSE NOT TO SCALE PROJECT NAME QUITCLAIM OF WATERLINE EASEMENT OVER LOTS 31, 34, 35 & 36 OF MAP 15108 (CT03-01) PROJECT NUMBER PR05-99 EXHIBIT 1 DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 10/23/06 C: \DEVELOPUENT PROJEC1S\PR\PR05-99.DWG RECORDING REQUESTED BY KSL Development Corporation 2100 Costa Del Mar Road Carlsbad, CA 92009 AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX STATEMENTS TO: Space above this line for Recorder's Use. The undersigned grantor(s) declare(s): Documentary transfer tax is $ 00.0 ( ) computed on full value of property 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.216-610-03-00 216-610-06-00 216-610-07-00 216-610-08-00 Project No. & Name CT 03-01-02 La Costa Resort Quitclaim of Waterline Easement _ PR 05-99 _ CARLSBAD MUNICIPAL WATER DISTRICT DAVID A. HAUSER QUITCLAIM DEED CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, for a valuable consideration receipt of which is hereby acknowledged, does hereby remise, release and quitclaim to KSL La Costa Resort Co., LLC, a Delaware limited liability company all right, title and interest in the property described in Exhibits "A" & "B", consisting of three (3) pages, which are attached hereto and made a part hereof. _, CARLSBAD MUNICIPAL WATER DISTRICT, a PubliaOj^a^icy organized underthe^Municipal Water Act o/1#rX and^a S^idiaryyOjstrfct of the City of Carls Executed on 200u at Carlsbad, California J\S(/P ATTEST: (9?. APPROVED AS TO FORM: RONA^D~R>^ALL, GENERAL COUNSEL . \ &By LORRAINE M. WOOD, Secretary H:\Development Services\PROJECTS\CT FILESVCT 03\CT 03-01-02 Costa Del Mar Entry-La Costa DEED-CMWD (REAL PROPERTY) (PR 05-99).doc 6/1/00 (Notarial acknowledgement of execution of Grantor must be attached.) State of California County of A J 36 before me. Ahe.il <x^Ren/UL personally appeared fl.Leu3(S ^personally known to me -OR- D proved to me on the basis of satisfactory evidence to be the person(s)- whose name(8)(Ts£aFe subscribed to the within instrument and acknowledged to me that^fi^/9ho/they executed the same in (^fili/her/their authorized capacity(iesf, and that byCfi§)Shor/their signature(a) on the instrument the person(a), or the entity upon behalf of which the person(8) acted, executed the instrument.3HHLA RENAf Commlrtonf 1599631 Notoy PuMc - CcHorrtq Son Dtogo County MyComtn,B«*»»D9c3Q2DOe WITNESS, my hand and official seal. (This area for official notary seal.)SIGNATURE OF NOTARY Title or Type of Document Date of Document Signer(s) other than named above No. of Pages CMWD H:\Development Services\PROJECTS\CT FILES\CT 03VCT 03-01-02 Costa Del Mar Entry-La Costa Resort & SpaVDeeds - Easements\QUITCLAIM DEED-CMWD (REAL PROPERTY) (PR 05-99).doc 6/1/00 EXHIBIT "A" LEGAL DESCRIPTION QUITCLAIM OF EASEMENT PR 05-99 THAT PORTION OF THE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED OCTOBER 15, 1974 AS FILE NO. 273988, OF OFFICIAL RECORDS, LYING WITHIN LOTS 31, 34, 35 AND 36 OF CARLSBAD TRACT NO. 03-01-02, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15108, FILED IN THE OFFICE OF THE COUNTY RECORDER ON SEPTEMBER 19, 2005. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.232 ACRES OF LAND MORE OR LESS. DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 M:\2503\01\Legal DescriptiorM03 QC-CMWD-273988.doc WO 2352-117 7/13/06 C/7Y OF SAN MARCOS VICINITY MAP N. T.S. HUNSAKER & ASSOCIATES SAN D I E C INC PIANMNC 10179 HummUm Street ENONfflUNG Sn DtofCt & 92121 SURVEYMC PH(«58)55W500- FX<858)558-1«4 DAVID W./AMBLER EXP. 12/31/07 LS. 7322 R:\0615\kMop\QC-La Costa V!llas-OMD SHT 01.D«G[]JuI-13-2006:16:46 1.0. 2503-1 SHEET 1 OF2 WATER EASEMENT QUITCLAIM PLAT - CARLSBAD MUNICIPAL WATER DISTRICT DATE: 8/29/2005 A.P.N.: 216-123-07 QUITCLAIM PORTION OF EASEMENT, RECORDED 10-15-1974, AS DOC. NO. 74-273988, O.R. CARLSBAD TRACT NO. 03-01-02, LA COSTA RESORT AND SPA PR 05-99 EXHIBIT "B1 LEGEND INDICATES PORTION OF CMWD EASEMENT, REC. 10/15/74, FILE NO. 74-273988, O.R. TO BE QUITCLAMED FIANMNC 10179 Huamkcm Street ENOHOJHC Sn DieiA a 9ZQ1 SURVEYING FHfeSDSSMSOO- FX(858)SS8-1414 PORTION OF CMWD EASEMENT, REC. 10/15/74, FILE NO. 74-273988, O.R. TO BE QUITCLAIMED HUNSAKEFT & ASSOCIATES SAN D I E C Ol INC R:\0615\fcMop\QC-La Costa VII las-OMD SHT 02.D»G[]JuI-13-2006:16:47 W.O. 2503-1 SHEET 20F2 MM7ER EASEMENT QUITCLAIM PLAT - CARLSBAD MUNICIPAL WATER DISTRICT DATE: 8/29/2005 A.P.N.: 216-123-07 QUITCLAIM PORTION OF EASEMENT, RECORDED 10-15-1974, AS DOC. NO. 74-273988. O.R. CARLSBAD TRACT NO. 03-01-02, LA COSTA RESORT AND SPA PR 05-99 EXHIBIT "B' 1 RESOLUTION NO. 1286 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF 3 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), QUITCLAIMING A PORTION OF AN EASEMENT FOR 4 WATERLINE PURPOSES LYING WITHIN LOTS 31, 34, 35, AND 36 OF CT 03-01. 5 WHEREAS, KSL La Costa Resort Co., LLC has submitted a request for quitclaim of that 6 portion of the waterline easement originally dedicated to CMWD on October 15, 1974 as File No. 7 273988 of Official Records lying within Lots 31, 34, 35, and 36 of Carlsbad Tract No. 03-01, 8 Unit 2, Map No. 15108; and 9 WHEREAS, the waterline originally located within the portions of the easement to be10 vacated has been relocated to the west with the development of La Costa Resort and Spa, CT 03-01, Unit 2; and12 WHEREAS, a new easement has been recorded over the relocated facilities, and the13 portions of the old easement across Lots 31, 34, 35, and 36 are no longer necessary; and14 WHEREAS, the Board of Directors of CMWD has determined it to be in the public interest I O to quitclaim said portions of easement; and16 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City of Carlsbad, California, as follows: 18 1. That the above recitations are true and correct. 19 2. That the Quitclaim Deed conveying the portion of the waterline easement within 20 Lots 31, 34, 35, and 36 of Carlsbad Tract No. 03-01, Unit 2, Map No. 15108, to KSL La Costa 21 Resort Co., LLC, a Delaware limited liability company, which is on file with the City Clerk and is 22 incorporated by this reference, is approved. 23 3. That the President is authorized to execute the deed and the Secretary is hereby 24 authorized to release the original Quitclaim Deed to KSL La Costa Resort Co. 25 // 26 // 27 // 28 // 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 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 19th day of December, 2006, by the following vote: AYES: Board Members Lewis, Kulchin, Hall, Packard, Sigafoose NOES: None ABSENT: None ATTEST: LORRAINE M. WOOD, Secretary (SEAL)