HomeMy WebLinkAbout; Hubbs-Sea World Research Institute; 1996-0007133; Easement.. 002287
FEB - 5 1996
!. RECORDING REQUESTED BY
-
Carlsbad Municipal Water District
AND WHEN RECORDED,
PLEASE MAIL TO: iq 9 Carlsbad Municipal Water District
Engineering Department
5950 El Camino Real
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
The undersigned grantor(s) declare(s):
Documentary transfer tax is $o.oO
406
Space above thls ilne for Recorder's use.
Assessor's Parcel No. 206-070-1 1
Project No. & Name CMWD 93-C.405
computed on full value of properly conveyed, or Hubbs-Sea World Research Institute
) 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.
GRANT DEED OF WATER LINE EASEMENT
ab% HUBBS-SEA WORLD RESEARCH INSTITUTE
WHEREAS, SAN DIEGO GAS & ELECTRIC COMPANY, a corporation hereinafter referred to as the
"Grantor", is owner of real property located in the City of Carlsbad, San Diego County, California, and for purposes of this
Easement Deed may be generally described as the Agua Hedionda Property; and
WHEREAS, Grantor has entered into a written License Agreement for certain uses of a portion of said Agua
Hedionda Lagoon Properly with HUBS-SEA WORLD RESEARCH INSTITUTE, a California non-profit corporation,
hereinafter referred to as 'HSWRI'; and
WHEREAS, the City of Carlsbad, hereinafter referred to as "City," has granted to HSWRI Conditional Use
Permit No. 92-10 (%UP") and Hillside Development Permit No. 93-05 ("HDP") in order for HSWRI to implement the uses
contemplated in its written License Agreement with Grantor; and
WHEREAS, in order to satisfy various Cily's conditions of the CUP and HDP, in particular to provide a
functioning fire hydrant on-site through a municipal water line, it is necessary for Grantor, as the landowner, to convey to
1 1011 6/95 Rev.
,=. .: . 407
iCARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, hereinafter referred to as
"Grantee," as easement for said waterline: and
WHEREAS, the License Agreement provides a potential situation in the event the HSWRl use ceases, that
the Agua Hedionda Lagoon Property shall be restored to its per-existing condition: and
WHEREAS, Grantee has the ability to easily terminate water service to the Agua Hedionda Lagoon Property
through the aforedescribed waterline utilizing equipment off-site: and
WHEREAS, Grantor wishes to preserve the ability to extinguish this Easement Deed in the event the HSWRl
use ceases on its property and to assure that the property may fully return to its pre-existing use; and
WHEREAS, Grantee is willing to accommodate the potential future extinguishment of this Easement through
this document.
NOW, THEREFORE, in consideration of the foregoing recitals, and for other consideration,
Grantor does hereby grant to Grantee, its successors and assigns, an easement for the following described
purposes, and upon the following agreed conditions:
1. PURPOSES: The easement granted herein shall be granted for the following purposes: the
construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and
repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water,
including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial
drainage ditches and structures of any kind, whether above or below the surface of the ground.
Said facility may include pipelines, pumping facilities, structures, designed to control the flow of water and
all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from
natural and other forms of damage including, but not limited to, erosion control, facilities, locking devices, alarms, lights,
and all other protective facilities and devices. The use shall also include a means of access to and from said facility for
the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing the facility.
The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings
and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the
Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or
incompatible with the uses described herein without the express written approval of the Grantee.
2. CONDITIONS: By acceptance and recordation of this Easement Deed, Grantee agrees that it will,
2 loll 6/95 Rev.
.. ‘ 408
,’within thirty (30) days of Grantor’s written request, take steps to extinguish or quitclaim the Easement herein granted back
to Grantor, upon the following additional conditions:
a. That CUP 92-10 as issued by the City to HSWRI in no longer in effect; and
b. That HSWRl has vacated the Agua Hedionda Lagoon Property; and
c. That Grantor supplies Grantee or City with such additional documentation to provide
Grantee or City with adequate assurances that a municipal water line is no longer necessary to serve the HSWRI use.
3. LOCATION OF THE EASEMENT: The Easement granted herein shall be located within and
upon the properties more particularly described in Exhibit ‘An and Exhibit ‘BN attached hereto and by this reference made
a part hereof.
Executed by the Grantor this g day of ~&TC&”hqf
19s.
GRANTOR:
SAN DIEGO GAS 81 ELECTRIC COMPANY, a corporation
Real Estate Operations Director
(title of signatory)
(sign here)
(title of signatory)
APPROVED AS TO FORM:
GENERAL COUNSEL
RONALD R. BALL
(Notarial acknowledgement of execution of GRANTOR must be attached.) .
CMWD 93-C.405
3 10/16/95 Rev.
r 409
STATE OF CALIFORNIA 1
1 ss.
COUNTYOF San Diew J
personally appeared J. G. Larkin
NAME@) OF SIGNER(S)
a personally known to me - OR - prciv&~mX7WW45"Sf€iHW~~ to be the personIsjwhose
nameM islam subscribed to the within instrument and acknowledged to me that he/sb&bey executed the same in
his- authorized capacity(ies), and that by his/Ret#kcirsignaturelrfon the instrument the person& or the entity
upon behalf of which the person& acted, executed the instrument.
WITNESS my hand and official seal.
-SIGNATURE OF NOTARY (This area for official notary seal.)
Title or Type of Document Water Line Easement
Date of Document 12-8-95 No. of Pages 9
Signer(s) other than named above
CMWD 93-C.405
0811 4/95 Rev.
410
92-1011-3
11/06/95
EXHIBIT "A"
GENERAL UTILITY AND ACCESS EASEMENT
. THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
SAID COUNTY OF SAN DIEGO, NOVEMBER 16, 1896; TOGETHER WITH THAT
PORTION OF BLOCK "W" OF PALISADES NUMBER TWO, ACCORDING TO MAP
THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY OF SAN DIEGO, AUGUST 25, 1924, BOTH OF OFFICIAL
RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL "A"
A GENERAL UTILITY AND ACCESS EASEMENT BEING A STRIP OF LAND 20 FEET
IN WIDTH, LYING 10 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID BLOCK "W" ; THENCE,
ALONG THE NORTHEASTERLY LINE OF SAID BLOCK "W", NORTH 38O 36' 20"
WEST 67.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING
SAID NORTHEASTERLY LINE OF BLOCK "W" AND ALONG SAID EASEMENT
CENTERLINE, SOUTH 9O 29' 55" EAST 18.93 FEET TO THE BEGINNING OF A
TANGENT 100 FOOT RADIUS CURVE, CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 93' 34' 15" A DISTANCE OF 163.31 FEET; THENCE TANGENT TO SAID
CURVE NORTH 76O 55' 50" EAST 42.24 FEET TO THE BEGINNING OF A TANGENT 100 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 66O 19' 30" A DISTANCE OF 115.76 FEET; THENCE TANGENT TO SAID CURVE SOUTH 36O 44' 40" EAST 5.18 FEET TO A POINT HEREIN DESCRIBED
AS POINT A; THENCE CONTINUING SOUTH 36O 44' 40" EAST 25.82 FEET TO
THE BEGINNING OF A TANGENT 75 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 65O 53' 30" A DISTANCE OF 86.25 FEET; THENCE
TANGENT TO SAID CURVE NORTH 77O 21' 50" EAST 40.00 FEET TO THE
BEGINNING OF A TANGENT 75 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38O 34' 22" A DISTANCE OF 50.49 FEET TO THE BEGINNING OF A REVERSE 315 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF loo 05' 03" A DISTANCE OF 55.44 FEET TO A POINT HEREIN DESCRIBED AS POINT B, A RADIAL TO SAID POINT B BEARS NORTH
4 1 O 07' 29 " WEST; THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF
SAID 315 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 1 4 9' 09" A DISTANCE OF 10.00 FEET TO THE POINT OF TERMINATION OF SAID PARCEL ##At# .
C.M.W.D. 93-C.405
,. 411
e
THE SIDELINES OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED TO
BEGIN ON A LINE THAT BEARS NORTH 38' 36' 20" WEST THROUGH THE TRUE
WEST THROUGH THE POINT OF TERMINATION OF SAID PARCEL 'A". POINT OF BEGINNING AND END ON A LINE THAT BEARS NORTH 41° 07' 29"
PARCEL B:
A GENERAL UTILITY AND ACCESS EASEMENT BEING A STRIP OF LAND 10 .OO FEET IN WIDTH, LYING 5 FEET ON EACH SIDE AND PARALLEL WITH THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE ABOVE DESCRIBED POINT A; THENCE NORTH 53O 15' 20" EAST 15.00 FEET TO THE POINT OF TERMINATION OF SAID PARCEL "B".
PARCEL C:
A GENERAL UTILITY AND ACCESS EASEMENT BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE ABOVE DESCRIBED POINT B; THENCE SOUTH 41' 07' 29" EAST 30.00 FEET TO THE POINT OF TERMINATION OF SAID PARCEL "C" .
C.M.W.D. 93-C.405
L .
ELY LINE OF BLOCK W .
\ ' BLOCK W
NO. 1803
BLOCK Y
PALISADES NO. TWO
MAP NO. 1803
412
413
CERTIFICATION OF ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed of easement, dated@#Bed 9 v
19z tom SAN DIEGO GAS ELECTRIC COMPANY, a cor~orat~on
to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal
Water District Act of 191 1, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad
Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 773 of the Carlsbad
Municipal Water District adopted on January 28, 1992, and the grantee consents to recordation thereof by its duly
authorized officer.
DATED: January 2, 1996
CMWD 93-C.405 nt Secretary
0611 4/95 Rev.
4.
INTERNAL CORRESPONDENCE W.
TO Y. A. Kyd
FROM S. D. Davis
DATE Xpril 17, 1990
FILE NO.
SUBJECT DELEGATION OF SIGNATURE AUTHORITY
.-
In an effort to streamline our document signing process and to
delegate signature authority to appropriate levels, a Quick
Action Team (QAT) was formed in our department to address the matter.
The QAT identified thirty-three documents that are utilized
routinely in the Land Services Department. Each document was
analyzed and evaluated based upon such factors as: dollar risk,
levels,of approval prior to execution, public relations exposure and significance of transaction. A description of each document and an evaluation factor list is attached.
Of the thirty-three documents reviewed, the first eleven are
deemed to be at the appropriate level and are not recommended for change. However, the remaining twenty-two documents are recommended for change to more efficiently and effectively be transacted by front-line employees and/or their immediate
with multiple approval levels. Of the twenty-two, six formerly
superiors without any significant loss in the benefits associated
required your signature and dealt with purchases, sales, leases
these types of transactions would have fallen below the $250,000 and licenses of property. Over the past three years, 95% of
limit (formerly $100,000) designated for Manager approval.
In order to implement these changes the signatures of T. A. Page,
3. E. Thomas and yourself are needed. This memo will supersede a
prior delegation of signature authority memo to J. E. Hamrick,
dated December 5, 1986. SE.&g&ijz 'ZZ, '
Steven D. Davis, Manager
Land Services Department
Ext. 2494
SDD : kms
Attachment
r.
' M: A. Kyd
..
-2-
APPROVED :
J. President &
April 17, 1990
415
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RECOMMENDATION FOR SIGNATURE AUTHORITY LEVEL
416 Administrative Siqnature Level
Quitclaim Deed ....................... .Manager M
Grant of Easement ..................... .Manager M
Escrow Document for Sale, Purchase or Lease of Property .. .Manager M
Railroad, Telephone Company, and State and Federal Agency
New Existinq
License Agreements .................... .Manager M
Option Agreement for Purchase, Sale or Lease of Property
($250~) ......................... .Manager M
Subordination Certificate .................. .Manager M
MTD8 Facilities Relocation Agreement and Amendments .... .Manager M
Right of Way Use Agreement ................. .Supervisor S
Estoppel Certificate .................... .Supervisor S
Joint Use Agreement .................... .Supervisor S
Subdivision Map ...................... .Supervisor S
Acceptance of Land Use Permit Conditions .......... .Supervisor S
License Agreement for Use of Co. Prop. ($2501:) ....... .Manager VP
Lease of Real Property for Co. Use ($250~) ......... .Manager VP
Lease Agreement for Company Property ($250~) ........ .Manager VP
Property Sales/Purchase Agreement ($2~0~) ......... .Manager VP
Memorandum of Mortgage, Lease and Deed of Trust ...... .Manager VP
Encroachment Removal Agreement ............... .Manager VP
Port District Easement, Permit and License ......... .Supervisor M
School District License Agreement ............. .Supervisor M
Utility Agreement and Service Contract (or Agreement) ... .Supervisor M
Consent to Common Use Agreement .............. .Supervisor M
Assignment of SDG&E Easement ................ .Supervisor M
Lease Assignment ...................... .Supervisor M
Lease and License Amendment ................ .Supervisor M
Broker Sales, Contracts and Listing Agreements ....... .Supervisor M
State Highway Right of Way Contract ............ .Supervisor M
Application for Governmental Agencies Land Use Permits ... .Representative M
Various Governmental Agency Forms Associated with
Land Use Permit Application ............... .Representative M
Right of Entry Permit ................... .Representative M
Consent Letter ....................... .Representative S
Letter of Permission for Grading .............. .Representative s
Letter of Permission to Use Public Utility Easement .... .Representative s