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HomeMy WebLinkAbout2008-08-12; Municipal Water District; 664; Quitclaim Of Waterline EasementCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL AB# 664 MTG. 8/12/08 DEPT. ENG QUITCLAIM OF WATERLINE EASEMENT LYING WITHIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 22, 2005 AS FILE NO 2005-1094979 OF OFFICIAL RECORDS, PR 06-1 07 DEPT. HEAD "j^"j~J" CITY ATTY. //£_ CITYMGR. A?//V m^f^^ RECOMMENDED ACTION: Adopt Resolution No.1333 quitclaiming waterline easement lying within Certificate of Compliance recorded December 22, 2005 as File No. 2005-1094979 of Official Records, PR 06-107. ITEM EXPLANATION: On October 8, 1984, an easement was recorded to the Costa Real Municipal Water District for a waterline across portions of property now known as La Costa Resort and Spa. On January 1, 1990 the Costa Real Municipal Water District became a subsidiary district of the City of Carlsbad and was renamed the Carlsbad Municipal Water District (CMWD). On June 28, 1991 the City and CMWD entered into an operational agreement in which all of the City's water related assets were transferred to CMWD. The owners of La Costa Resort and Spa, Arenal Road LLC, a California limited liability company, have requested that CMWD quitclaim the easement. Staff has confirmed the easement in question is no longer in use, and the easement is not needed now or in the future by CMWD as water transmission needs are met by new waterlines and other CMWD easements. 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: The item has no fiscal impact to the Water District. The waterline easement was granted to Costa Real Municipal Water District for no fee cost acquisition and the Water District will quitclaim the easement for no fee cost return to the property owner. The property owner has paid the standard fee for processing this quitclaim. EXHIBITS: 1. 2. 3. 1333 quitclaiming waterline easement lying within Certificate of Location map. Resolution No. Compliance recorded December 22, 2005 as File No. 2005-1094979, PR 06-107. Quitclaim Deed (PR 06-107). DEPARTMENT CONTACT: Stephen Bobbett 760-602-2747 sbobb@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY BOARD ACTION: APPROVED DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D LOCATION MAP NOT TO SCALE CITY OF OCEANSIDE HIGHWAY,—** VICINITY MAP NOT TO SCALE SITE PACIFIC OCEAN PROJECT NAME QUITCLAIM OF WATER EASEMENT PROJECT NUMBER PR06-107 EXHIBIT 1 DRAW BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 5/22/08 C: \DEVELOPUENT P/?a£C75\P/?\PR06-J07.DW5 RESOLUTION NO. 1333 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF 3 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), QUITCLAIMING WATERLINE EASEMENT LYING WITHIN 4 CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 22, 2005 AS FILE NO. 2005-1094979 OF OFFICIAL RECORDS, 5 PR 06-1 07. 6 WHEREAS, Arenal Road LLC, a California limited liability company, has submitted a 7 request for a quitclaim of waterline easement acquired per a grant of easement to Costa Real 8 Municipal Water District recorded October 8, 1984 filed in the Office of the County Recorder of 9 San Diego County as file/page no. 84-380189 of Official Records ("Waterline Easement"); and 10 WHEREAS, the Carlsbad Municipal Water District is the successor in interest to the Waterline Easement; and 12 WHEREAS, said Waterline Easement was acquired by the Carlsbad Municipal Water District for no fee; and 14 WHEREAS, the property owner has paid the standard fee for processing this quitclaim; 15 and WHEREAS, said Waterline Easement is no longer required for the purpose for which it was granted and is not now, nor is contemplated to be, needed for future waterline purposes and 1 ft appurtenant facilities. 19 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board 20 of the City of Carlsbad, California, as follows: 21 1 . That the above recitations are true and correct. 22 2. That the Carlsbad Municipal Water District approves the quitclaim of the Waterline 23 Easement lying within Certificate of Compliance recorded December 22, 2005, as file no. 2005- 24 1 094979 of official records, PR 06-1 07. ._ 3. That the quitclaim deed (PR 06-107), which is on file with the City Clerk and is25 incorporated by this reference, is approved. 26 4. That the President is authorized to execute the quitclaim deed and the secretary is 27 hereby authorized to release the original quitclaim deed to Arenal Road LLC, a California limited 28 liability company to record said document. 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 12th day of August, 2008, by the following vote to wit: AYES: Board Members Lewis, Kulchin, Hall and Packard. NOES: None. ABSENT: Board Member Nygaard. A'CEWIS, President ATTEST: LORRA/fyt M. W00D, Secretary /SEAL) RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Arenal Road LLC La Costa Resort and Spa 2100 Costa Del Mar Carlsbad, CA 92009 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) 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 Assessor's Parcel No. Project No. & Name: La Costa Resort and Spa 216-590-18 CT 03-01 PR 06-107 CORPORATION QUITCLAIM DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary district of the City of Carlsbad organized under the laws of the State of California does hereby REMISE, RELEASE, AND FOREVER quitclaim to: Arenal Road LLC, a California limited liability company the following described real property in the City of Carlsbad, County of San Diego, State of California: a waterline easement as described in Exhibit "A" consisting of pne (1) page,attached hereto and made a part hereof. Exhibit "B" consisting of one (1) page is attached for clarity only. DATED ATTEST: LS8RFTAINE M. WOOD, Secretary (SEAL) H:\Development Services\PROJECTS\PR FILES\PR 06\PR 06-107 La Costa Resort & Spa, Glen\Deeds-Easement\CORP QUITCLAIM OF EASEMENT CMWD (6-1-OOJ.doc 6H/00 EXHIBIT 'A' QUITCLAIM OF PORTION OF CRMWD EASEMENT PR 06-107 That certain parcel of land described as Parcel Y in Grant of Right of Way to Costa Real Municipal Water District recorded October 8, 1984 as file/page no. 84- 380189 of Official Records, lying within the land described in Certificate of Compliance recorded December 22, 2005 as file no. 2005-1094979 of Official Records; described as follows: A strip of land 10.00 feet in width, lying 5.00 feet on each side and parallel with the following described centerline: COMMENCING at an angle point on the centerline of Parcel B of that certain easement recorded October 15, 1974, as file/Page 74-273988, said angle point formed by the courses south 09°48'18" East and South 38°00'42" East; thence leaving said angle point along said centerline South 38°00'42" East 91.00 feet to the TRUE POINT OF BEGINNING; thence along the centerline of said 10.00 foot strip of land North 46°30'31" East 4.48 feet; thence North 24°56'39" West 17.72 feet; thence North 19°55'42" East 42.62 feet; thence South 68°48'41" East 28.13 feet; thence North 20°47'40" East 13.00 feet to the POINT OF TERMINATION. The sidelines of said easement shall be lengthened or shortened to meet at angle points and shall begin on the northeasterly sideline of said certain easement and end at right angles through the point of termination. APN 216-590-18 This description was prepared by me or under my direction. Stephen R. Hawxhurst LS 7355 License expires 12/31/2007 RBF CONSULTING 9755 Clairemont Mesa Boulevard, Suite 100 San Diego, California 92124 October 3, 2006 JN 55-100221 H:\PDATA\55100221\ADMIN\LEGALS\221LGL-CMWD-QC-84-380189-Y.DOC Page 1 Of 1 10/4/2006 S09058'18"E \ TERMINATION 120 SCALE: 1"=40' CT NO. 03-01-02 LA COSTA VILLAS MAP 15103 POINT OF LOT 37 PARCEL Y OF EASEMENT TO COSTA REAL MUNICIPAL WATER DISTRICT, REC. 10/8/1984, F/P. 84-380189, O.R. OF BEGINNING \ ^f PARCEL B OF EASEMENT \/<S TO CMWD, REC. 10/15/1974, APN 216-590-18 v/\ \ \ \ \ . 74-273988, O.R. CERTIFICATE OF COMPLIANCE 05-3^\9> REC, 12-22-2005 DOC#2005-1094979, O.R, NO. BRNG/DELTA RADIUS LENGTH C1 N46°30'31"E C2 N24'56'39"W C3 N19°55'42"E C4 N68848'41"W C5 N20°47'40"E 4.48' 17.72' 42.62' 28.13' 13.00' PLANNINQ • DESIGN • CONSTRUCTION 9755 CLAfEUONT fcBSA BOULEVARD, BUTE 100 SAN OEOO, CALFOnMA 92124-1324 CONSULTING 8SasHSOOO.FAX858.6H5001-wwwflBF.com l:SpDATA\5S100221\CAOD\MAPPING\EASEMENTS\221CMV«>_Afi002.DWG GMELLOU 10/3/06 3:27 pm SHEET 1 DF 1 CARLSBAD MUNICIPAL WATER DISTRICT QUITCLAIM PLAT APPLICANT: KSL LA COSTA RESORT CO. PREPARED BY: STEPHEN EXPIRES: 12/31/2007 LS.7355 PROJECT: CT 03-01 LA COSTA RESORT & SPA PR 06-107 A.P.N.: 216-590-18 EXHIBIT "BJ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of eWsert Name and Title* the Officfer On ALucutJ- /? £00% before7jDate ' personally appeared fe(s) of Signer(s) ISHERRY A. FRENUNGEft Commluton * 1727064 Notary PubNe • CoHfomlo I San Dtogo County - who proved to me on the basis of satisfactory evidence to be the persontef whose name(^ is/a/6 subscribed to the within instrument and acknowledged to me that he/she/the^ executed the same in his/hdr/thelr authorized capacity(\etf), and that by his/h«fr/tfoeir signature(sr) on the instrument the person($, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE SignatPlace Notary Seal Above w ~7 ^ Signature of Notai OPTIONAL -h Though the information below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document. <ment Description of Attached Document Title or Type of Document: _ Document Date: ~ Xvf . Number of Pi Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:. D Individual D Corporate Officer — Title(s): D Partner — D Limited D Gee D Attorney in Fact D Trustee D Guardian or Conservator D Other:. RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. / Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here ^2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827