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Home My WebLink About2020-03-10; Municipal Water District; ; Quitclaim of a portion of a water easement over portions of Lots 6, 17 and 22 of Map No. 14984 located at 7315 Estrella De Mar, VAC 2018-0003Meeting Date To: From: Staff Contact: Subject March 10, 2020 President and Board Members Scott Chadwick, executive manager Tecla Levy, associate engineef tecla.levyl@carlsbadca.gov or 760-602-2733 CAReview K. Quitclaim of a portion of a water easement over portions of Lots 6, 17 and 22 of Map No. 14984 located at 7315 Estrella De Mar, VAC 2018-0003. Recommended Action Adopt a resolution quitclaiming a portion of a water easement over portions of Lots 6, 17 and 22 of Map No. 14984 located at 7315 Estrella De Mar, VAC 2018-0003. Executive Summary LC Investment 2010, LLC, the property owner of Lots 6, 17 and 22 of Map No. 14984 is requesting to quitclaim a portion of a water easement over an abandoned water line traversing said lots. The easement was dedicated to Carlsbad Municipal Water District (CMWD) on March 21, 1969, as File/Page No. 49324, Official Records, County of San Diego. There are no active water facilities within said portion of the water easement. With no current use or anticipated future use of said easement for water purposes, staff recommends quitclaiming a portion of the said water easement over portions of Lots 6, 17 and 22 of Map No. 14984 located at 7315 Estrella De Mar, VAC 2018-0003. On Jan. 1, 1990, CMWD became a subsidiary district of the City of Carlsbad through an agreement between both agencies approved by the City Council and CMWD on April 25, 1989. The Carlsbad City Council, acting as CMWD's Board of Directors, governs CMWD. CMWD ordinances do not provide authority to staff to proceed with approval of the quitclaim of the noted water easement. This action by the CMWD's Board of Directors, will quitclaim a portion of a water easement over portions of Lots 6, 17 and 22 of Map No. 14984, VAC 2018-0003, and remove the easement originally dedicated to CMWD by the property owner in 1969. Discussion On March 21, 1969, an easement was dedicated to CMWD as File/Page No. 49324 for water purposes to serve the La Costa Condominiums No. 3, County TM2700-3, Map No. 6129 of official records. The water facility within the said water easement currently serves the existing La Costa Resort and Spa Ballroom approved by Planning Commission on Jan. 15, 2003 as Resolution No. 5354. On Jan. 16, 2019, the Planning Commission adopted Resolution No. 7315 approving a minor Master Plan Amendment, AMEND 2017-0026 and Site Development Plan, SDP 2017-0011, to expand the existing La Costa Resort Ballroom located on Lots 6, 17, 18 and 22 of Map No. 14984 within Planning Area 5 of the La Costa Resort and Spa Master Plan. March 10, 2020 Item #2 Page 1 of 9 As part of the said La Costa Resort Ballroom Expansion project, LC Investment 2010, LLC, the property owner of Lots 6, 17, 18 and 22 of Map No. 14984, has abandoned a portion of the existing 6" water main, located within the said water easement due to conflicts with the improvements for the said La Costa Ballroom Expansion project. A replacement water main has been installed within Estrella De Mar Road per DWG 514-6A within a new CMWD water easement per document no. 2019-0551392, recorded on November 26, 2019. There are no active CMWD facilities within the said portion of the water easement therefore staff recommends quitclaiming the portion of the water easement over portions of Lots 6, 17 and 22 of Map No. 14984 located at 7315 Estrella De Mar, VAC 2018-0003. Fiscal Analysis There are no fiscal impacts associated with quitclaiming this easement. All fees necessary to process this quitclaim have been paid by the developer. Next Steps Jhe City Clerk will record the attached deed, legal description and plat in the Office of the County Recorder of San Diego County. Environmental Evaluation (CEQA) The proposed quitclaim does not qualify as a 'project' under the California Environmental Quality Act (CEQA) per Public Resources Code Section 21065 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. Public Notification No public notification is required for a quitclaim. Exhibits 1. CMWD resolution 2. Location map March 10, 2020 Item #2 Page 2 of 9 CMWD RESOLUTION NO. 1636 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD (CMWD), QUITCLAIMING A PORTION OF A WATER EASEMENT OVER PORTIONS OF LOTS 6, 17 AND 22 OF MAP NO. 14984, LOCATED AT 7315 ESTRELLA DE MAR WHEREAS, the Carlsbad Municipal Water District Board (CMWD), a subsidiary district ofthe City of Carlsbad, California has determined that LC Investment 2010, LLC, the property owner of Lots 6, 17 and 22 of Map No. 14984, filed in the Office of the County Recorder of the County of San Diego on March 18, 2005, have filed an application to quitclaim a portion of a waterline easement over portions of said property; and WHEREAS, On March 21, 1969, an easement was dedicated to CMWD for water purposes as File/Page No. 49324 of official records; and WHEREAS, a portion of said water easement is not required for the purpose for which it was granted and is not now, nor is it contemplated to be, needed for future pipeline purposes; and NOW, THEREFORE, BE IT RESOLVED by the CMWD Board of Directors, as follows: 1. That the above recitations are true and correct. 2. That the CMWD Board of Directors quitclaims a portion of a water easement recorded on March 21, 1969, as File/Page No. 49324 over portions of Lots 6, 17 and 22 of Map No. 14984 located at located at 7315 Estrella De Mar, as described in Attachment A. 3. That the quitclaim deed (Attachment A), on file with the Secretary and incorporated herein by reference, is approved. 4. That the President is authorized to execute the quitclaim deed attached hereto as Attachment A and the Secretary is hereby authorized to record both documents. March 10, 2020 Item #2 Page 3 of 9 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District of the City of Carlsbad on the 10th day of March 2020, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: ABSENT: None. None. ~~ ~ARBARA ENGLESON, SECRETARY (SEAL) ,,,,1111,,,, ,,,, C\PAL 111, ' ~~~ ········· "'-1~ ✓ ... g::,~i~ ~~---~s = ~!rt: ·-.o·:~ = = cn:0 Y::cr,;;: ~ ~-\. (! /ii£ ":, ~ .. •.'!_ltFOf.~~:",••~,~-","' •··••···· \,:, ,, ,, ,, ,, ,,,,, .. ,,,,, March 10, 2020 Item #2 Page 4 of 9 s RECORDING REQUESTED BY: Carlsbad Municipal Water District WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2020-0149545 111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Mar 23, 2020 02:25 PM OFFICIAL RECORDS Ernest J Oronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $26.00 (SB2 Atkins $0 00) PAGES 5 --------------'-------SPACE ABOVE THIS LINE FOR RECORDER'S USE---- QUITCLAIM DEED OF EASEMENT The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0 (easement) Assessor's Parcel No(s).: 216-590-05-00; 216-590-08-00; 216-591-09-00 Project ID: SDP2017-0011 ) computed on full value of property conveyed, or ) computed on full value less value of liens and encumbrances remaining at time of sale Related Project ID(s):; VAC2018-0003 AMEND2017-0026 ) Unincorporated area: ( X ) City of Carlsbad Project Name: Omni La Costa Ballroom 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 LC Investment 2010, LLC, a Delaware limited liability company ("Grantee") all right, title, and interest in the property described in Exhibit A attached hereto and made a part of hereof. Exhibit B is attached for clarity only. Executed on vrlc..A.c_l, / / ol~t Carlsbad, California GRANTOR: Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911, :~d •;;;:Ji JCarlsbad MATT HALL, President ATTEST: ~~Kuk~ /J'-I2ARBARA ENGLESON, Secretary Doc ER-11-06 02/16/2012 March 10, 2020 Item #2 Page 5 of 9 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 San Diego on March 11, 2020 before me, Sheila R. Cobian, Notary Public (insert name and title of the officer) personally appeared _M_a_tt_H_a_l_l ______________________ _ who 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~~fB, ~\Qrv\ (Seal} March 10, 2020 Item #2 Page 6 of 9 EXHIBIT 'A' VAC 2018-0003 LEGAL DESCRIPTION WATER EASEMENT QUITCLAIM A PORTION OF PARCEL A OF EASEMENT RIGHT OF WAY GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT IN GRANT OF RIGHT OF WAY RECORDED MARCH 21, 1969 AS FILE/PAGE NO. 49324, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00 FEET WIDE LYING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES: COMMENCING AT THE SOUTHWEST CORNER OF LOT 129 OF LA COSTA VALLEY UNIT NO. 1, MAP NO. 5434; THENCE NORTH 85°37'21" WEST 62.00 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING AND POINT 'A' IN THE CENTERLINE OF SAID PARCEL A; THENCE NORTHERLY ALONG SAID CENTERLINE AND ALONG THE ARC OF A 3468.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, WHOSE CENTER BEARS NORTH 85°37'21" WEST FROM SAID POINT 'A', A DISTANCE OF 26.68 FEET THROUGH A CENTRAL ANGLE OF 00°26'27" TO THE NORTHERLY TERMINUS OF THIS QUITCLAIM. ALSO: BEGINNING AT SAID POINT 'A'; THENCE SOUTHERLY ALONG SAID CENTERLINE SOUTH 04°22'39" WEST 152.52 FEET TO THE BEGINNING OF A TANGENT 218.16 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 19.57 FEET THROUGH A CENTRAL ANGLE OF 05°08'19" TO THE SOUTHERLY TERMINUS OF THIS QUITCLAIM. EXCEPTING THEREFROM THE PORTION LYING IN THE PREVIOUS PUBLIC RIGHT OF WAY OF ESTRELLA DE MAR AS SHOWN ON MAP 5434 AND AS EXCEPTED FROM THE ORIGINAL GRANT OF PARCEL 'A'. THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO BE PERPENDICULAR TO THE CENTERLINE. CONTAINS: 1,907.6 SQUARE FEET OR 0.044 ACRE, MORE OR LESS. SEE EXHIBIT 'B' PLAT ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PAULE. GOEBEL, PLS 8486 MBI JN 160360 DATE March 10, 2020 Item #2 Page 7 of 9 ! I ARENAL RD < J d~ fE:E~ V?Wo ..... a~ \)~\,, s"'\>-~~ cP ~\>-~ EXHIBIT 'B' I 5 I -- : ~:C ~ ~ I ';?~ w'"l I o::: i-o ~ _JJ 2' ~o::: 5 , ....I ' ·< ~ :::____i u z z VICINITY MAP 5 : ~~ ~i .., I{) ,..., "' --~ :: 0) NO SCALE I 1:,,:t lO· co co C\J .... ESTRELLA DE MAR ROAD I I _v ';;' I i ~ [PUBLIC ROW PER MAP 5434] PORT I ON 1 1 o c «> ~ OF R1 WITHIN SAID ROAD WAS «> ~ o ~ EXCEPTED AT TI ME OF THE GRANT OF I i 8 J!i o R 1 . ROW VACA TI ON SHOWN ON MAP I _, co ._, ~ 14984, BECOMES LOT 22, MAP 14984 I .... * ~ 8 ll~r;;>la?~ - NORTHERLY POINT OF I d~ d& g ---_ TERMINUS-QUITCLAIM ----S86°03'48"E(R) - TRUE POINT OF BEGINNING 8c POINT 'A' R1 TRUE POINT OF BEGINNING OF QUITCLAIM .6.=05°08'19" R=218. 16' ~ SOUTHERLY L=19.57' TERMINUS-POINT OF saoo2 QUITCLAIM 9'02"E(R) N 0 I PORTION R1 60' I 3~ ~ n---t-~-1 & :C a? LEGEND SI-EET 1 OF 1 R1 INDICATES PARCEL A OF EXISTING EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED 3/21/1969 AS DOC. N0.69-49324, OFFICIAL RECORDS. ( ) INDICATES RECORD DATA PER R1 [ ]INDICATES RECORD DATA PER MAP 5434 REFER. IN R1 ~ INDICATES PORTION OF R1 VACATED HEREON CONTAINS 1,907.6 SQ. FT. (0.044 AC) CMWD CARLSBAD MUNICIPAL WATER DISTRICT LINE DATA TABLE L1 (N85°37'21"W 62.00')(R) L2 [N85°37'21"W 60.00'](R) OLD LOT 129 MAP 5434 POINT OF COMMENCEMENT SW CORNER LOT 129 OLD LOT LINES MAP 5434 PROJECT ID: SDP 2017-0011 RELATED PROJ.ID:AMEND 2017-0026 CMWD WATER EASEMENT QUITCLAIM DATE: 9/12/2019 APN:216-590-05,08 216-591-09 PORTION OF CMWD EASEMENT RECORDED 3/21/1969 AS VAC 2018-0003 DOC. NO. 49324, OFFICIAL RECORDS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA EXHIBIT 'B' March 10, 2020 Item #2 Page 8 of 9 BATIQU~ LAGO~ NOT TO SCALE LOCATION MAP PROJECT NAME QUITCLAIM OF WATER EASEMENT APN 216-590-05 & 08 APN 216-591-09 PLOm:D BY: SCOTT EVANS PLOT DATE: 10/11/19 PA 1H:D: \DEVELOPMENT PRo..£C75\VAC\AUTOCAD\ VAC2018-000J.DIW. PROJECT NUMBER VAC2018-0003 EXHIBIT 2 EXHIBIT 2 March 10, 2020 Item #2 Page 9 of 9