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Home My WebLink About1985-10-22; City Council; Resolution 8232RESOLUTION NO. 8232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A JOINT USE AGREEMENT BETWEEN CITY AND SAN MARCOS COUNTY WAATER DISTRICT FOR UTILITY EASEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That certain joint use agreement between the City ol Carlsbad and San Marcos County Water District for utility easement marked Exhibit A and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of thf City Council of the City of Carlsbad, California, held on the 22nd day of October , 1985 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None V ATTEST: luLtL4L84- ALETHA L. RAUTENKRANZ, CityJlerk RECORDING REQUESTED BY AND AFTER RECORDING MAIL TO: SAN MARCOS COUNTY WATER DISTRICT 788 West San Marcos Boulevard San Marcos, California 92069 Attn: William W. Rucker, Gen. Mgr. Documentary Transfer Tax NONE JOINT USE AGREEMENT FOP. UTILITY EASEMENT This Joint Use Agreement is entered into by and between the CITY OF CARLSBAD, a City located in San Diego County, State of California (hereinafter "THE CITY") and the SAN MARCOS COUNTY PJATER DISTRICT, a county water district organized and operating pursuant to California Water Code S 30,000 et seq. (hereinafter "THE DISTRICT"). This Agreement shall become effective as of , 1985, upon execution by the parties. R-E-C-I-T-A-L-S A. An easement for general utility purposes was granted to the CITY OF CARLSBAD, (herein "CITY"), on July 31, 1974, by ANDREW W, McREYNOLDS by Grant Deed recorded August 9, 1974, as Document File # 74-216629 in Official Records of San Diego Count-y. A legal description of the easement granted is attached hereto, marked Exhibit "A" , and incorporated herein by reference. B. The SAN MARCOS COUNTY WATER DISTRICT, a public agency, (herein "DISTRICT") , has commenced litigation, entitled SAN MARCOS COUNTY WATER DISTRICT, a public agency, Plaintiff, v. ANDREW McREYNOLDS and CHRISTA M. McREYNOLDS, husband and wife, THE CITY OF CARLSBAD, a municipal corporation, et al., Case No. N 24411, in the Superior Court of the State of California, County of San Diego, North County Branch, an action in eminent domain to condemn an easement for utility purposes for installa- tion of a portion of the Outfall Interceptor Sewer Pipeline being constructed for the benefit of DISTRICT and CITY. A leqal -4- EXHIEIT A 3 description of the easement to be acquired is attached hereto, marked Exhibit "B", and incorporated herein by reference. C. The easement sought by the DISTRICT lies within the easement heretofore granted to CITY, D. The effluent transmission pipeline has been constructed and installed in the area of the easement granted to CITY shown in Exhibit "A" hereto. E. The parties hereto are sharing the effluent trans- mission capacity of the pipeline to provide sewer effluent trans- mission to the Encina Treatment Plant. F. The CITY and DISTRICT desire to provide for their joint use of the easement being acquired by DISTRICT. C-0-V-E-N-A-N-T-S 1. INTERIM USE OF EASEMENT Pending the outcome of the eminent domain litigation described above, CITY and DISTRICT will use the easement granted to CITY described in Exhibit "A" hereto jointly as a right of way for the effluent transmission pipeline and for access to the pipeline for construction, repair or maintenance of the said pipeline. 2. JOINT USE OF EASEMENT Upon the recording of a Final Order of Condemnation granting the easement sought in the said eminent domain proceeding by DISTRICT, the CITY and the DISTRICT agree that they shall use the easement described in Exhibit IIB" jointly as right of way for the effluent transmission pipeline and for access to I. the pipeline for construction, repair and maintenance of the said pipeline. This agreement shall not prevent City from use of the City's easement for general utility purpose without the consent of District provided such use does not conflict with use of the easement for the effluent transmission pipeline. 3. EMINENT DOMAIN PROCEEDING CITY shall not be required to appear in the eminent domain proceeding. A dismissal of CITY as a defendant will be entered by DISTRICT in the course of the proceeding. 4. NOTICE Each party shall give the other party ten (10) consecu- tive days advance written notice of any work to be performed in the said easement or in the area within the easement heretofore granted to CITY except in those cases where an emergency causes improvement, maintenance, or repair to be made immediately. 5. BINDING EFFECT All of the covenants, terms and conditions of this Agreement shall be binding upon and inure to the benefit of the successors of both parties. 6. The effective date of this Agreement executed and to be performed in the North County Judicial District, County of -.. . .. ,. . San Diego, State of California is , 1985. THE CITY OF CARLSBAD SAN MARCOS COUNTY WATER DISTRICT BY BY MAYOR MARY A. NEWPORT, President of the Board of Directors Attest: CITY CLERK Attest: WILLIAM W. RUCXER, Secretary to the Board of Directors I .. . . .- e STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) : ss On before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Mayor, and personally known to me or proved. to me on the basis of satisfactory evidence to be the person who executed the within instrument as the City Clerk of the CITY OF CARLSBAD that executed the within instrument and acknowledged to me that such public agency executed the same. WITNESS my hand and official seal. Notary Public in and for said County and State 7 STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) : ss On before me, the undersigned, a Notary Public in and for said State, personally appeared me on the basis of satisfactory evidence to be the person who executed the within instrument as the President, and personally known to me or proved to personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secretary of the Board of Directors of the SAN MARCOS COUNTY WATER DISTRICT that executed the within instrument and acknowledged to me that such public agency executed the same. WITNESS my hand and official seal. Notary Public in and for said County and State -6- ... ... ).. .-,. . ., . . . . , .. . .. . . , .. . : -.___ .--e-* . I, 1 't I r- ! YI-. City of Carlsbad I 1- Carlsbad, CA 90008 i L I t*r & 2 -1 3 w 1.1 nln-wn IO 1 u... City of Carlsbad 1 ,,,.., 1700 Elm Avenue I A-.. Carlsbad, CA 92008 OcrA i "L JI NO FEE SPACE ABOVE THIS UNF FOR RECORDER'S USE I 1 .. - 'T The undemiprd grantor(*) declar<( ) ( ( Documrnbry transfer ~nx is S ni f ' ) compnted on full VRIUC of property conveyed. or 1 compared on full vnloe lmr valur of lien3 and cncomhrnnm rrmaininp st timr of rilc ( Uninrorpornted *rei: (x ) city of CJ 1 sb;~d , nnd FOR A V!.I.UABLE CONSIDEEATION, mipt of which is hrrtby m&nnvled&. Andrew McRcynolds hrrrhyCRAM(s) ,* City of Carlsbad, an cascment for gencr2l utility pci rposer- thr followinl: rkrcribcd real property In thr Guntyof San fliego ,%w of Glifomia: c i tY of Ca rl sbJd See attached exhibit "A" for legal description Assessor's Parcel No. 211-040-5 & 11 Also shown for convenience sake on attachment "A", attached hereto and made a part hereof. - 823 CFPTJFICATE OF ACCEPTANCE Thjs is to certify that rctl pxopcrty convrycd hu grant datcd July 31, 1974 the interest in the deed or f ror I.' L . i. - .. -4 / 7 IXIIIDIT "A" ! I ! I I I I 1 1 I i An esse;ner.t for general utility purposes over, upder, along and ECTOSS tht portion 0: Parcel "B". according to Parcel Map thereof No. 1477 on file In the Office of the County Recorder of San Diego County and that portlon of Lot "Hi' of Rancho Aqua IIedionda, according to Map thereof No. 823 on flle in the Office of the County Recorder of San Diego County, in the City of Carlsbad, County of San Dipqo, Sate of California, desctibed as follows: A strip of land 30.00 feet in width lying IS. 00 feet each side of and parallel. with the following described centerline: Comxenclng at +he nost Northerly comer of said Rrcel "0": thence alorig the Northerly line of s?i3 lot, South 60" 09' 45" Vr'ejt, 373.67 feet to a point in the arc of a non-tzngent 938.00 foot radius curve concave Northeasterly, a radial line to said poin: bears Sotlth 60" 09' 45" West; thence Southeasterly along the arc of said curve throu~h a central angle of 9"06' 07" a distance of 144.24 feet to thn TRUE POIXT OF BEGIXTTING, a radial line to said point bears South 5lDO3' 38" West; thence Iezving said 908.00 foot radius curve North 82O27' 38" East, 208.29 feet; thonce hiorth 53"52' 50" East, 274.81 feet; thence North 84O20' 00" East, 245.73 feet: thence North 57"38' 29" East, 974.43 fee; to an Intersection with the North lire of land described in deed recorded December 28, 1959, fn bok 8065, Page 255 of OEiciel Records. The sic!.- linns of the aSovn descrlbed 30.00 foot strlp of land to beufn Southwester:). in thc zrc of :hc cbove mentioned 9'08.@0 font radius curve and terminate h'orthc2s:crIy in the ru'orth line of sald land dcscribtd in deed rccordcd Dccer;lkr 2S, 1959 In Book 6065, Page 255 of OfiIcial Records. Cxcep:iiiu Jrox the above descrlhed land all that portlon thcrcoJ.lyIng Southerly of a 1ir.n dzwn 5.00 feet Sou:herly, measured at right angles, and paralle1,with the n bvr: d c r cr I bed ce n t e r 1 i n (3 . 1 . .. i I j 1 I-- i .. .. .. .- - .. . ._. .. .. : . .'.: .r _. . .. . ........ ........ ......... . ......... .:. .! :'; :, -; ; ! , ._ _. * ., 1, ' .; ,.,-.'; ; ...... ...... A . e. . ~ 4): ..... .... I. . .-* ;* ; : ..: ;*-; ;' ;: