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HomeMy WebLinkAbout2012-03-13; Municipal Water District; 748; QUITCLAIM WATERLINE LA COSTA RESORT AND SPA17 CARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL AB# MTG. j4a_ 3/13/12 DEPT. CED QUITCLAIM A PORTION OF WATERLINE EASEMENT LYING WITHIN LOT 1 OF MAP 14984, CT 03-01, LA COSTA RESORT AND SPA. PR 11-30 DEPT.DIRECTOR ^^^^ CITY ATTORNEY J[^_ CITY MANAGER RECOMMENDED ACTION: ADOPT Resolution No. 1437 APPROVING the quitclaiming of a portion of wateriine easement lying within Lot 1 of Carisbad Tract No. 03-01, La Costa Resort and Spa, according to Map thereof No. 14984, filed in the office ofthe County Recorder of San Diego County on March 18, 2005, generally located immediately easteriy of the clubhouse. ITEM EXPLANATION: On April 1, 2008 a grant deed of water line easement was recorded for wateriine purposes across portions of property now owned by LC Investment 2010, Inc. Subsequent to the installation and operation of Carisbad Municipal Water District (CMWD) wateriine facilities within said easement, a portion of the wateriine facilities were relocated, use and operation of a portion of the facilities within said easement was abandoned, and a portion of the facilities were removed. The portion of the easement to be quitclaimed lies within the boundary of CT 03-01, La Costa Resort and Spa. Staff has confirmed the wateriine facilities in the portion of said easement to be quitclaimed are not in use by CMWD, and the portion of said easement to be quitclaimed is not needed now or in the future by CMWD. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA 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. FISCAL IMPACT: The item has no fiscal impact to CMWD. The wateriine easement was granted to CMWD for no fee cost acquisition and CMWD will quitclaim a portion of the easement for no fee cost return to the property owner. Removal of the remaining abandoned facilities is the responsibility of the property owner. The owner has paid the standard fee for processing this quitclaim. EXHIBITS: 1. 2. 3. 1437 Resolution No. Location Map Quitclaim Deed (PR 11 -30) DEPARTMENT CONTACT: Steve Bobbett 760-602-2747 steve.bobbett(@carisbadca.aov FOR C/7T CLERKS USE ONLY BOARD ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED 3 CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • EXHIBIT 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 27 28 RESOLUTION NO. 1437 1 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF 3 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), QUITCLAIMING A PORTION OF WATERLINE EASEMENT 4 LYING WITHIN LOT 1 OF MAP NO. 14984, LA COSTA RESORT AND SPA, GENERALLY LOCATED IMMEDIATELY EASTERLY 5 OFTHE CLUBHOUSE. PR 11-30 WHEREAS, it is in the interest ofthe Carisbad Municipal Water District to quitclaim a portion of wateriine easement acquired per grant of easement to Carisbad Municipal Water District, recorded April 1, 2008 as Doc. 2008-0166956 in the office ofthe County Recorder of San Diego County; and WHEREAS, a portion of said wateriine easement is not required for the purpose for which it was granted and is not now nor is contemplated to be needed in the future for wateriine purposes and appurtenant facilities. NOW, THEREFORE, BE IT RESOLVED by the Carisbad Municipal Water District Board of the City of Carisbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Carisbad Municipal Water District approves the quitclaim of a portion of the wateriine easement lying within Lot 1 of Map No. 14984, filed in the office of the County Recorder of San Diego County on March 18, 2005. 3. That the quitclaim deed (PR 11-30), which is on file with the Secretary and is incorporated by this reference, is approved. 4. That the President is authorized to execute the quitclaim deed and the Secretary is hereby authorized to record said document. Ill 25 /// 26 /// /// /// 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 Carisbad Municipal Water District of the City of Carisbad on the 13*^ day of March, 2012, by the following vote to wit: AYES: Board Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. MATT HALL, President ATTEST: (SEAL) INE M. WOOD, Secretary EXHIBIT 2 DRAm BY: ALFRED fiOMERft mANSPORTAWN DEPT. 2/08/2012 0:\00'y«?7»or\£MaNED?We-COW7ER\S7EVE^^ RECORDING REQUESTED BY: Carisbad Municipal Water District WHEN RECORDED MAIL TO: District Secretary Carlsbad Munidpal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED OF EASEMENT The undersigned grantor(s) declare(s): Documentary transfer tax Is $ 0 (easement) ( ) computed on full value of properly conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale ( ) Unincorporated area: (X) City of Carlsbad Assessor's Parcel No(s).: 216-593-01 Projed ID: CT 03-01 Related Projed ID(s): PR 11-30 Projed Name: La Costa Resort and Spa Carisbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911. and a subsidiary district of the City of Carisbad ("Grantor"), for a valuable consideration, the receipt and adequacy of which are hereby acknowledged, does hereby remise, release, and quitdaim to LC Investment 2010. Inc. ("Grantee") all right, title, and interest in the property described in Exhibit A attached iiereto and made a part of hereof. Exhibit B is attached for clarity only. Executed on "ff)rAJtth A/ 2012, at Carlsbad, California GRANTOR: Carisbad Munidpal Water District, a public agency organized under the Municipal Water Act of 1911 and a subsidiary district of the City of Carisbad By MATT (HALL. President ATTEST WO(3Dj6ecretary f^^^ Doc ER-11-06 02/16/2012 EXHIBIT 'A' QUITCUIM OF A PORTION OF CMWD EASEMENT PR 11-30 That certain parcel of land being a portion of land as described in that certain easement granted to Carlsbad Municipal Water District recorded April 1, 2008 as file/page no. 2008-0166956 of Official Records, lying within Lot 1 of Carlsbad Tract No. 03-01, La Costa Resort and Spa, according to Map thereof No. 14984, filed in the Office of the County Recorder of San Diego County on March 18, 2005, described as follows: A strip of land 20.00 feet wide, lying 10.00 feet on either side and parallel with the following described centeriine, COMMENCING at a point on the centeriine of Parcel 1 of said Carlsbad Municipal Water District Water Line Easement, said point being the TRUE POINT OF BEGINNING of Parcel 1; thence along said centeriine, the following courses: North 89n6'46" East 32.66 feet to the TRUE POINT OF BEGINNING; thence continuing North 89°16'46" East 3.04 feet; thence South 56°58'14" East 89.25 feet; thence South 46°43'14" East 115.40 feet; thence South 00°16'46" West 167.80 feet; thence South 22^54'26" West 462.45 feet; thence South 65°54'26" West 108.22 feet to the POINT OF TERMINUS. The sidelines of said 20.00 foot quitclaim to be extended or shortened to terminate in a line bearing North 32°09'26" East through the POINT OF TERMINUS. CONTAINING: 0.434 acres, more or less. APN 216-593-01 This description was prepared by me or under my direction jWn R. Duquette(jLS 7566 License expires 12/31/2011 RBF CONSULTING 9755 Clairemont Mesa Boulevard, Suite 100 San Diego, California 92124 JN. 55-100705 8/11/2011 H:\pdata\55100705\Admin\legals\0705lgl002-cmwd-QC1.doc Pagel of 1 8/25/20"11 P,Q,C SEE DETAIL SHEET 2 COSTA REAL MUNICIPAL WATER DISTRICT EASEMENT REC. 10/23/1987 PER F/P. 87-5980222, O.R. LEUCADIA COUNTY WATER DISTRICT ESMT. REC. 7/9/1965 PER F/P. 123282, O.R. SEE SHEET 2 OF 2 FOR COURSE DATA, LEGEND, AND BASIS OF BEARINGS. LOT 3 SHEET 1 DF 2 CARLSBAD MUNICIPAL WATER DISTRICT PLAT RBF CONSULTING 9755 CLAIREMONT MESA BLVD. STE. 100 SAN DIEGO. CA 92124 858.614.5000 PREPARED BY: ES: 12/31/20 PROJECT: LA COSTA RESORT aUBHOUSE POOL WATERLINE RELOCATION CT 03-01 PR 11-30 A.P.N.: 216-593-01 EXHIBIT "B H:\PDATA\55100705\CAOO\MAPPING\0705-EX-OOZDWO JOUQUETtE 8/25/11 10:14 am ff/^<;Tc; OF BEARINGS BASIS OF BEARINGS IS A PORTION OF THE CENTERLINE OF PARCEL 1 OF CARLSBAD MUNICIPAL WATER DISTRICT ESMT. REC. 04/01/2008 F/P, 2008-0166956, O.R. I FGEND O.C. T.P.O.B. INDICATES PORTION OF PARCEL 1 OF CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT REC. 4/1/2008 PER F/P 2008-0166956, O.R. TO BE QUITCLAIMED 0.434 ACRES P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING P . 0.T . POINT OF TERMINUS JASIS OF BEARING N89°16'46 E 35.70' DETAIL NO SCALE LINE DATA TABLE ® BEARING LENGTH 1 N89''16'46"E 32.66' 2 N89*'16'46"E 3.04' 3 356°58'14"E 89.25' 4 S46''43'14"E 115.40' 5 S00*'16'46"W 167.80' 6 S65''54'26"W 108.22' SHEET 2 DF a CARLSBAD MUNICIPAL WATER DISTRICT PLAT RBF CONSULTING 9755 CLMREMONT MESA BLVD. STE. 100 SAN DIEGO, CA 92124 858.614.5000 PREPARED BY: R. DUQUETTE liS. 7566 EXMRES: 12/31/2011 PROJECT: LA COSTA RESORT CLUBHOUSE POOL WATERLINE RELOCATION CT 03-01 PR 11-30 A.P.N.: 216-593-01 99-Tk" EXHIBIT "B l:\J>DATA\55100705\CADO\MW>PING\0705-E3<-002.0WB JOUQUETTE 8/25/11 10:15 om ACKNOWLEDGMENT State of Califomia County of San Diego J On March 14, 2012 before me. Sheila Renae Cobian, Notary Public (insert name and title of the officer) ^^mvJTZory the basis of satisfactory evidence to be the ^son(s7 whose name^)Usia^ subsc S the Within instrument and acknowledged to me that®sh^ executed the same ,n jgSrauthorized capacityCiee), and that ^y^'^^^j^^'^'^'f^Z^^^^^ pSrsoivS). 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. WITNESS my hand and offidal seal. Signature v^^Qj O/^^/mo (1^ KjOiW . (Seal) SHEILA RENAE COBIAN i Commission # 1848471 I Notary Public • California 1 San Diego County g My Comm. Expires May 10,2013 L