HomeMy WebLinkAbout2015-01-13; Municipal Water District; 795; Quitclaim Map 15902 Lot 9 Spillage and Access Rights Portion or Waterline Easement, Portions of Lots F and H of Rancho Agua Hedionda Map 823�F CAR�f
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CARLSBAD MUNICIPAL WATER DISTRICT -AGENDA BILL 13
AB# 795 ADOPT RESOLUTION QUITCLAIMING SPILLAGE AND DEPT. DIRECTOR
ACCESS RIGHTS WITHIN LOT 9 OF MAP 15902 AND
MTG. 1 / 13 / 15 QUITCLAIMING A PORTION OF A WATER LINE CITY ATTORNEY
DEPT. CED EASEMENT WITHIN LOT 9 OF MAP 15902 AND CITY MANAGER If�
PORTIONS OF LOTS "F" AND "H" OF RANCHO AGUA
HEDIONDA MAP 823, BOTH LYING WEST OF THE
CROSSINGS DRIVE
RECOMMENDED ACTION:
Adopt Resolution No. 1510 quitclaiming spillage and access rights lying within Lot 9 of City of
Carlsbad CT 09-03, Map 15902 recorded March 4, 2013 as File No. 2013-0139681 (Lot 9) and quitclaiming a
portion of a water line easement, lying within Lot 9, within Parcel A of Lot Line Adjustment 06-18 per
Certificate of Compliance recorded October 6, 2006 as File No. 2006-0714868 (Grand Pacific Property) and
within a portion of Lot "F" and Lot "H" of Rancho Agua Hedionda, Map 823 per deed recorded May 15, 1961 as
File/Page No. 83960 (CMWD Property), and generally lying westerly of the cul de sac of The Crossing Drive,
north of Palomar Airport Road, within the Westin Hotel and Timeshare project.
ITEM EXPLANATION:
On July 27, 1962 a portion of Lot "F" of Rancho Agua Hedionda Map 823 and was granted to the Carlsbad
Municipal Water District (CMWD) by Instrument No. 127706 and on October 11, 1979 a portion of Lot "H" of
Rancho Agua Hedionda Map 823 was granted to the Carlsbad Municipal Water District (CMWD) by Instrument
No. 79-425039 for the construction of CMWD water storage tank "E". Instrument No. 127706 also granted
CMWD the rights and privilege to spill water in natural drainage channels, together with the right of ingress
thereto, over and across a portion of Lot "F" of Rancho Agua Hedionda Map 823. These spillage and access
rights encumber adjacent property including Lot 9. Lot 9 is owned by the City of Carlsbad, a municipal
corporation.
On July 27, 1962, an easement for pipeline and incidental purposes was granted to CMWD over a portion of
Lot "F" and a portion of Lot "H" of Rancho Agua Hedionda Map 823 by Instrument No. 127707. This easement
encumbers property including Lot 9 owned by the city, a portion of the Grand Pacific Property and portion of
the CMWD Property.
On December 9, 2014, the City Council approved a ground lease option agreement between Grand Pacific
Resorts and the Carlsbad Public Financing Authority over property including Lot 9. Termination of the
unnecessary easement rights encumbering Lot 9, the Grand Pacific Property and the CMWD Property is
required to address title issues related to the ground lease option agreement.
FISCAL IMPACT:
This item has no fiscal impact to CMWD. The spillage and access rights per Instrument No. 127706 were
granted to CMWD for no cost. The waterline easement per Instrument No. 127707 was granted to CMWD for
DEPARTMENT CONTACT: Steve Bobbett 760-602-2747 steve.bobbettsteve.bobbett@carlsbadcagov
FOR CITY CLERKS USE ONLY
BOARD ACTION: APPROVED
CONTINUED TO DATE SPECIFIC
❑
DENIED
❑
CONTINUED TO DATE UNKNOWN
❑
CONTINUED
❑
RETURNED TO STAFF
❑
WITHDRAWN
❑
OTHER — SEE MINUTES
❑
AMENDED
0
Lot 9 Quitclaim Spillage and Access Rights
Page 2 of 2
no cost. CMWD will quitclaim the spillage and access rights over Lot 9 and the portions of the waterline
easement lying within Lot 9, the Grand Pacific Property and the CMWD Property for no cost to the respective
property owners, the City of Carlsbad, a municipal corporation, Grand Pacific Carlsbad Hotel, L.P., a Delaware
limited partnership, and Carlsbad Municipal Water District, a Public Agency organized under the Municipal
Water Act of 1911, and a Subsidiary District of the City of Carlsbad.
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 direst physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
EXHIBITS:
1. Resolution No. 1510
2. Location Map
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RESOLUTION NO. 1510
A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL
WATER DISTRICT, QUITCLAIMING SPILLAGE AND ACCESS RIGHTS
WITHIN LOT 9 OF MAP 15902 AND QUITCLAIMING A PORTION OF A
WATER LINE EASEMENT WITHIN LOT 9 OF MAP 15902 AND PORTIONS
OF LOTS "F" AND "H" OF RANCHO AGUA HEDIONDA MAP 823, BOTH
LYING WEST OF THE CROSSINGS DRIVE
WHEREAS, the City of Carlsbad owns property described as Lot 9 of Map 15902 (Lot 9),
generally located west of northerly terminus of The Crossings Drive; and
WHEREAS, Grand Pacific Carlsbad Hotel, L.P., owns property adjacent to Lot 9 described
as Parcel A of Lot Line Adjustment 06-18 per Certificate of Compliance recorded October 6, 2006 as File
No. 2006-0714868 (Grand Pacific Property); and
WHEREAS, Carlsbad Municipal Water District, a Public Agency organized under the
Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad owns property adjacent to
Lot 9 described as portions of Lot F and portions of Lot H Rancho Agua Hedionda, Map 823 per deed
recorded May 15, 1961 as File/Page No. 83960 (CMWD Property); and
WHEREAS, on December 9, 2014 the City Council of the City of Carlsbad approved a
ground lease option agreement between Grand Pacific Resorts and the Carlsbad Public Financing
Authority; and
WHEREAS, to address title issues related to that action it is in the interest of the City of
Carlsbad to terminate unnecessary easements encumbering Lot 9, the Grand Pacific Property and the
CMWD Property; and
WHEREAS, the Carlsbad Municipal Water District acquired spillage and access rights
across Lot 9 per grant deed of real property to Carlsbad Municipal Water District recorded July 27, 1962
as Instrument No. 127706 in the Office of the County Recorder of San Diego County; and
WHEREAS, these spillage and access rights across Lot 9 are not required for the purpose
for which they were granted and they are not now nor are they contemplated to be needed in the
future; and
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WHEREAS, the Carlsbad Municipal Water District acquired a waterline easement across
Lot 9, the Grand Pacific Property and the CMWD Property. per grant of easement to Carlsbad Municipal
Water District recorded July 27, 1962 as Instrument No. 127707 in the Office of the County Recorder of
San Diego County; and
WHEREAS, the portions of said waterline easement across Lot 9, the Grand Pacific
Property and the CMWD Property are not required for the purpose for which they were granted and are
not now nor are contemplated to be needed in the future.
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 Carlsbad Municipal Water District approves the quitclaim of spillage
and access rights per document 1962-127706 lying within Lot 9 of Map 15902 City of Carlsbad Tract CT
09-03, recorded March 4, 2013 as File No. 2013-0139681.
3. That the Carlsbad Municipal Water District approves the quitclaim of portions of
the waterline easement per document 1962-127707 lying within Lot 9 of Map 15902 City of Carlsbad
Tract CT 09-03 recorded March 4, 2013 as File No. 2013-0139681, within Parcel A of Lot Line Adjustment
06-18 per Certificate of Compliance recorded October 6, 2006 as File No. 2006-0714868 and within
Portions of Lot F and Portions of Lot H of Rancho Agua Hedionda Map 823 per document 1962-127706
recorded July 27, 6962 and per deed recorded May 15, 1961 as File/Page No. 83960.
4. That the President is authorized to execute the quitclaim deeds (PR 14-56, PR
15-01 and PR 15-02) attached hereto as Exhibits 1, 2 and 3, and the Secretary is hereby authorized to
record said documents.
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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 13th day of January 2015, by
the following vote to wit:
AYES: Board Members Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
--�" " R �'2 I
MATT HALL, President
ATTEST:
BARBARA ENGLESON, ecretary
1.%•yb•J�0 Gp.•' �
8siva
�1j11li:`
EXHIBIT 1
QUITCLAIM DEED
PR 14-56
I
RECORDING REQUESTED BY:
Carlsbad Municipal Water District
WHEN RECORDED MAIL TO:
District Secretary
Carlsbad Municipal Water District
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
THIS LINE FOR RECORDER'S USE
QUITCLAIM DEED OF EASEMENT
The undersigned grantor(s) declare(s): Assessor's Parcel No.: 212-271-02
Documentary transfer tax is $ 0 (easement)
( ) 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
Project ID: CT 14-08
Related Project ID(s): PR 14-56
Project Name: Westin Hotel and Timeshare
Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911,
and a subsidiary district of the City of Carlsbad ("Grantor'), for a valuable consideration, the receipt and
adequacy of which are hereby acknowledged, does hereby remise, release, and quitclaim to the City
of Carlsbad, a municipal corporation, all right, title, and interest in those portions of that certain 20-foot
easement for pipelines and incidental purposes, recorded July 27, 1962 as Instrument No. 127707; and
those certain rights and privilege to spill water in natural drainage courses together with the right of
ingress thereto, all as within the limits of the property described in Exhibit A attached hereto and made
a part of hereof. Exhibit B is attached for clarity only.
Executed on 1Tan a S , GRANTOR: Carlsbad Municipal Water District, a public
2015, at Carlsbad, California agency organized under the Municipal Water Act of 1911,
and a subsidiary district of the City of Carlsbad
By
MATT HALL, President
ATTEST:
BARBARA ENGLESON, S retary
Doc ER-11-06
02/16/2012
ALL-PURPOSECALIFORNIA . •.
C. : i:..�:,�a:.:�..,:�::�.�`-�< -i.�• •�,: �i:.a••,�"a•�i..:iC,�i:,�i,,.iC.•.i.,:iC.:�C,�,,y;:i":�s�•;�i:,:�:•:i:/.:�.a s�'!�: �:.
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 California
County of i Phi .
On � - before me, ov� ���
Date , r, . i e Insert Nam nd Title of the4ifficer
personally appeared
Names) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/at-e
subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in
his/gei44heir authorized capacity(ies), and that by his/hir signatures) on the instrument the personN,
or the entity upon behalf of which the person(a)-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 official seal.
NIORGEN FRY
Commission #t 2091497 Signature
NoWy Public - CaNfi
San 0I900 Cou* Signature 4f otary u�i c
Corm. Emiras Oac 24 01
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(➢es) Claimed by Signers)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
PR 14-56
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF LOT F OF RANCHO AGUA HEDIONDA, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARTITION MAP THEREOF 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, ON NOVEMBER 16, 1896, MORE
PARTICULARLY DESCRIBED AS FOLLOW:
LOT 9 OF CARLSBAD TRACT 09-03, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
15902, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
ON MARCH 4, 2013 AS FILE NO. 2013-013968 1.
EXHIBIT $$B"
11 A 1\ 1 1 T\ / \ I ♦ r1
.W&71 are SVIM
TO
.LE
TA
Y OF
J
COS
VI LI14V11141 IP1J
LEawo N ��
sveoi�lsioN ao�NOARr � GlEN K. °�
...... --
EXIS1INO EASEMENT VAN -PESKi - - - - -
,. PLS-Ml
PREPARED BY PROJECT DWG. PR >4-56
l#ES17N HOTEL & PR 15-01 & PR 15-02
Ay ?�j T/MESHARE DATE
CT 14-08 EXH/B/T AY"
I
APN
211-021--07
I
z�, P1Q 1�02�
APN 211-1,30-03 - -
-71
A? 15--01
N1827;72"W 99.62'
-\N7125VOr 27. 65'
SCALE 1 "-100'
EXHIBIT "B"
-PR 14-56
sWEr2Or2SE75
!!-EX1ST/NG BLANKET EASEMENT OkER
ALL OF LOT 9 FOR INGRESS, EGRESS
AND SPILLAGE PURPOSES GRANTED TO
CARLSBAD MUNICIPAL WATER DISTRICT,
REC. 712711962 AS INST. NO. 127706
O.R. QUITCLAIM PER THIS DOCUMENT.,
APN 212-271-02
396 3%
-PR
OV
1,
- PORTION OF ZWS77NG 20' EASEMENT
FOR PIPELINES AND INCIDENTAL
PURPOSES GRANTED TO CARLSBAD
MUNICIPAL WATER DISTRICT, REC.
7/27/1962 AS INST. NO. 127707 O.R.
QUITCLAIM PER TH15 DOCUMENT.
0
GLEN K.
VAN PESKI
PLS-8801
PREPARED 9 v- PROJECT DWG. PR 14-56
WESTIIV HOTEL PR 15-01 & PR 15-02
TIMESHARE DATE
CT 14-08 EXHIBIT 'B"
m
CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT
This is to certify that the interest in real property conveyed by the Quitclaim Deed of
Easement dated January 15, 2015, from the Carlsbad Municipal Water District, a public agency
organized under the Municipal Water. Act of 1911, and a subsidiary district of the City of
Carlsbad to the Carlsbad Municipal Water District, a public agency organized under the
Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad, is hereby
accepted by the Board of Directors of the Carlsbad Municipal Water District, California,
pursuant to Resolution No. 1510, adopted on January 13, 2015, and the grantee consents to
the recordation thereof by its duly authorized officer.
DATED: January 16, 2015
She fry Freis(ingbr, CMC, Deputy Secretary
.4(Seal)
cgC1FOR��P y-`
/�''"�ei�neeee�`•
EXHIBIT 2
QUITCLAIM DEED
PR 15-01
12,
RECORDING REQUESTED BY:
Carlsbad Municipal Water District
WHEN RECORDED MAIL TO:
District Secretary
Carlsbad Municipal Water District
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
ABOVE THIS LINE FOR RECORDER'S USE
QUITCLAIM DEED OF EASEMENT
The undersigned grantor(s) declare(s): Assessor's Parcel No.: 211-130-10
Documentary transfer tax is,$ 0 (easement)
( ) 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
Project ID: CT 14-08
Related Project ID(s): PR 15-01
Project Name: Westin Hotel and Timeshare
Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911,
and a subsidiary district of the City of Carlsbad ("Grantor"), for a valuable consideration, the receipt and
adequacy of which are hereby acknowledged, does hereby remise, release, and quitclaim to Grand
Pacific Carlsbad Hotel, L.P., a Delaware limited partnership, all right, title, and interest in those portions
of that certain 20-foot easement for pipelines and incidental purposes, recorded July 27, 1962 as
Instrument No. 127707 lying within the property described. in Exhibit A attached hereto and made a part
of hereof. Exhibit B is attached for clarity only.
Executed on cLnt& r4 1 GRANTOR: Carlsbad Municipal Water District, a public
2015, at Carlsbad, Cali ornia agency organized under the Municipal Water Act of 1911,
and a subsidiary district of the City of Carlsbad
By "Y
MATT HALL, President
a6--e 4",
BARBARA ENGLESO Secretary
Doc ER-11-06 12)
02/16/2012
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 California
County of �AA129 W 0 )
On ;till 16, 2QA6 _ before me, & ,
Date Wre Insert Na ` and Title of t O hcer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/afe-
subscribed to the within instrument and acknowledged to me that he/sheAhay executed the same in
his/her/their authorized capacity(m), and that by hislhoW41aeir signature(&) on the instrument the person(&),
or the entity upon behalf of which the persons) 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.
MORGEN FRY WITNESS my hand and official seal.
Commission #E 2!1 :
Notary Public - Calltornia �-
San Diego County Signature
Comm. ire& Dec 24 M.Signature otary P bfi
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:i�], ibUjXLUA26 6�&td Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
��i�i\:.:�5�:�4�.:�.i\:.i�4v:�:��i�:'✓:�:�ti:��'�. ti�i�:�:�:v:�:`.4"✓:`.:�.��'::btiyi�.i�. "�4�iV i�ti.'y:\:.:�� �' d.��:i�✓.i 6'4.
02014 •nal Notary Associabonwww.NationalNotary.org :11 • :11 . .: 91
PR 15-01
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF LOT H OF RANCHO AGUA HEDIONDA, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARTITION MAP THEREOF 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, ON NOVEMBER 16, 1896, MORE
PARTICULARLY DESCRIBED AS FOLLOW:
PARCEL A OF BOUNDARY ADJUSTMENT 06-18, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF
COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY ON OCTOBER 6, 2006 AS FILE NO. 2006-0714868.
VAN PE Skiol ,
rd
EXHIBIT "B"
• • A . \ . . T% / \ / ♦ r\
sir 1 W 2 .SITU
TO
kLE
ETA
Y OF
J
RCOS
LEGEND
SUBDIkIS/ON BOUNDARY - - - -
EXISTNG EASEMENT ... ....... - - - - -
PREPARED BY PROJECT Dl7/G. PR 14-56
#EST/N HOTEL & PR 15-01 & PR 15-02
T/MESHARE DATE
CT 14-08
R
EXHIBIT "B"
of '
PUP
1
r
-
�s12"
02,1--07
Z9'!
PyP 1�02�
APN 211-1,70-0.3
P1Q 1�01-�
N1827;72 "W 99 62'
7500E 27.65'
SCALE 1 "100'
MW26F2SE75
-EXIS77NO BLANKET EASEMENT 0kER
ALL OF LOT 9 FOR INGRESS, EGRESS
AND SPILLAGE PURPOSES GRAN7ED TO
CARMNO MUNICIPAL WATER 0157RICT,
REC. 712711962 AS INST. NO 127706
O.R. QUITCLAIM PER 711I5DOCUMENT.!
APN 212-271-02 396.3
NdO
71
dW
,- d
• I
PORI7ON OF EXIS77NG 20' EASEMENT
FOR PIPELINES AND INCIDENTAL
PURPOSES GRANTED TO CARL58AP
MUNICIPAL WATER DISTRICT, REC.
712711,992 AS INST. NO 127707 O.R.
QUITCLAIM PER THIS DOCUMENT.
ji GLEN K.
VAN PESKI
PLS-8801
100 200
PREPARED BY PROJECT.• DWG. PR 14-56
/ WE517 HOTEL c�' PR 15-01 & PR 15-02
T/r1�1ESHARE DATE 4
CT 14-09 EXH/B/T 'B"
M
EXHIBIT 3
QUITCLAIM DEED
PR 15-02
N
RECORDING REQUESTED BY:
Carlsbad Municipal Water District
WHEN RECORDED MAIL TO:
District Secretary
Carlsbad Municipal Water District
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
THIS LINE FOR RECORDER'S USE .
QUITCLAIM DEED OF EASEMENT
The undersigned grantor(s) declare(s): Assessor's Parcel No.: 211-023-07
Documentary transfer tax is $ 0 (easement)
( ) 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
Project ID: CT 14-08
Related Project ID(s): PR 15-02
Project Name: Westin Hotel and Timeshare
Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911,
and a subsidiary district of the City of Carlsbad ("Grantor"), for a valuable consideration, the receipt and
adequacy of which are hereby acknowledged, does hereby remise, release, and quitclaim to Carlsbad
Municipal Water District, a public agency organized under the Municipal Water Act of 1911, and a
subsidiary district of the City of Carlsbad, all right, title, and interest in those portions of that certain 20-
foot easement for pipelines and incidental purposes, recorded July 27, 1962 as Instrument No. 127707;
and those certain rights and privilege to spill water in natural drainage courses together with the right
of ingress thereto, all as within the limits of the property described in Exhibit A attached hereto and
made a part of hereof. Exhibit B is attached for clarity only.
Executed on'Januar I GRANTOR: Carlsbad Municipal Water District, a public
2015, at Carlsbad, Calif nia agency organized under the Municipal Water Act of 1911,
and a subsidiary district of the City of Carlsbad
By
MATT ALL, Presid nt
ATTEST:
RBARA ENGLESON, S retary
Doc ER-11-06
02/16/2012
•RNIA ALL-PURPOSE 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 California
County of Z L)
On eJ ` _ before me,
Date
personally appeared
Insert Name . -And Title of the
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is4va
subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in
his1haW#i& authorized capacity(ies), and that by his/iien4heir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
MORGEN FRY
Commission #t 2091497
Notary Pubilc . CaWornia
Son Diego L
Comm. D 24 2018 IN
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 official seal.
Signaturd�,,.,,A"A"&=��
Signature oWNotary P(bfi
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: {Ayt-lbu► De.&J hw+l440' ocument
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Date:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
:vi-.`/i�4�.'r�6�. �:�,:�G�✓:�':�;:V :�_✓_,K✓4�✓ �ti. ti�::�.'�= 4�✓.:�:.4�GC✓:�✓,:�:<✓ti.:-Jti.i�i�4-✓i �:�:C✓:�✓ �'S\`�!4\✓:�.�5��'/4C�: �:�:
PR 15-02
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF LOTS F AND H OF RANCHO AGUA HEDIONDA, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARTITION MAP THEREOF 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, ON NOVEMBER 16, 1896, MORE
PARTICULARLY DESCRIBED AS FOLLOW:
PARCEL 1
BEGINNING AT POINT 9 OF LOT "F" AS SHOWN ON SAID PARTITION MAP
NO. 823, SAID POINT 9 BEING A POINT IN THE EASTERLY BOUNDARY
COURSES OF SAID LOT "H" CONNECTING POINTS 13 OF LOT "G" AND POINT
8 OF LOT "F" AS SHOWN ON SAID MAP NO. 823; THENCE NORTH 0°07'28"
EAST ALONG THE SAID EASTERLY BOUNDARY COURSE OF SAID LOT
"H" 110.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 0007'28" EAST ALONG SAID EASTERLY BOUNDARY
COURSE 160.00 FEET; THENCE LEAVING SAID BOUNDARY COURSE
NORTH 89052'32" WEST 120.00 FEET; THENCE SOUTH 00°07'28" WEST
160.00 FEET; THENCE SOUTH 89°52'32" EAST 120.00 FEET TO THE TRUE
POINT OF BEGINNING.
PARCEL 2
BEGINNING AT A POINT 9 OF SAID LOT "F" AS SHOWN ON SAID PARTITION
MAP NO. 823; THENCE ALONG THE BOUNDARY COURSE CONNECTING
POINTS 8 AND 9 OF SAID LOT "F" NORTH 00007'28" EAST (RECORD NORTH
0031' 16" WEST, RECORD OF SURVEY 5715) 167.78 FEET TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 00°07'28" EAST
ALONG SAID BOUNDARY COURSE 67.25 FEET TO A POINT ON A 58 FOOT
RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE THROUGH SAID
POINT BEARING SOUTH 54°41'40" WEST; THENCE FROM SAID POINT
SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG SAID
CURVE 71.73 FEET THROUGH AN ANGLE OF 70051'37' TO THE TRUE POINT
OF BEGINNING.
w
EXHIBIT "B"
• I - . • . • T \ / \ I ♦ r\
VI I 1 VI L1.V 111I IP9•J
9V&71 ar 2.9VfTs
LE( NO
SU8,0114510N BOUNOARY - -
EX1S17NO EASEMENT - - - - -
PROJECT
l#EST/N HOTEL c�
T/MESHARE
CT 14-09
TO
,LE
�TA
Iowa PR 14-56
PR 15-01 & PR 15-02
DA TE
EXHIBIT 127"
VIC
l
r
lip
APN
211-02J--07
pnivigq
un r�
I
PJAP 923
APN 211-IJO-OJ - -
PR 15-01
N192732 "W .9962
7500"E 2795'
.10
SCALE > "100'
EXHIBIT "B"
a� ' a
-EXISTING BLANKET EASEMENT OkER
ALL OF LOT 9 FOR INGRESS, EGRESS
AND SPILLAGE PURPOSES GRANTED TO
CARLSBAD MUNICIPAL WATER 01S7RICT,
REC. 712711962 AS INST. NO 127706
OR QUITCLAIM PER THIS DOCUMENT-
APN 212-271-02
VC
3g6 39
AMR? 14 56 N71 5�0i
-- -� No
dW volt
i,
- POR17ON OF EXISTING 20' EASEMENT
FOR PIPELINES AND INCIDENTAL
PURPOSES GRANTED TO CARLSBAD
MUNICIPAL WATER DISTRICT, REC.
7127119,62 AS INST. NO 127707 O.R.
QUITCLAIM PER THIS DOCUMENT.
0
GLEN K.
VAN PESKI
PLS-8801
PREPARED BY PROJECT.• DWG. PR 14-56
WESTIN HOTEL PR 15-01 & PR 15-02
AA > -7� TIMESHARE DATE
CT 14-08 EXHIBIT 'B"
(14..
CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT
This is to certify that the interest in real property conveyed by the Quitclaim Deed of
Easement dated January 15, 2015, from the Carlsbad Municipal Water District, a public agency
organized under the Municipal Water Act of 1911, and a subsidiary district of the City of
Carlsbad to the Carlsbad Municipal Water District, a public agency organized under the
Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad, is hereby
accepted by the Board of Directors of the Carlsbad Municipal Water District, California,
pursuant to Resolution No. 1510, adopted on January 13, 2015, and the grantee consents to
the recordation thereof by its duly authorized officer.
DATED: January 16, 2015
(Seal)
M"�IFQ
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LOCATION MAP
LOT
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LOT 10 :
AVE
LOT 9--j-
z OLLEGE ' _ -
o �LOT3
SITEco"LOT 2 LOT 6 . J
~ AIRPORT -- .,� r•
. RD.
MpR �., •.
Cm OF OCEANSM
HIGHWAY
VICINITY
MAP
I
I
.� NOT TO
SCALE
SITE �`
(. CITY OF VISTA
PA6OM�
I�
CITY OF
SAN
YARCOS
e I
PACIFIC
OCEAN
CITY OF ENCINRAS
NOT TO SCALE
PROJECT NAME ROJE C EXHIBIT
NUMWESTIN HOTEL AND TIMESHARE PR14-57, PR15-01 2
& PR15-02
PLOTIED Br SCOTT EVANS PLOT DAZE 116115 PATH:D: \DEVELOPMENT PROJEC7S\PR\AUTOCAD\PRI4-56 & 5ZDW ��