HomeMy WebLinkAbout1973-10-02; City Council; 2015-1; CT 72-25 Alicante Hills- Unit 1 Joint Use AgreementTHF CITY OF CARLSBAD, CALIFORNIA
Agenda Bill No. 201 ^A Supplement No. '__/_____?* pate Oct 2, 1973
Referred To:
Subject:
CT 72-25 (Alicante Hills- Unit 1)
Joint Use Agreement
Submitted By:/^.
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\Acting City Engi
Statement of the Hatter
Tentative Map conditions of Carlsbad Tract 72-25 require dedication of a
_twen.ty JLoux—foot__jj2kl) off-site emergency and public utility easement.
Three other public agencies, namely Leucadia County Water District:,'
Carlsbad Municipal Water District and San Diego County Flood ContVol
District, will require separate easements for sewer, water, & storm
drains. In order to avoid future maintenance problems, it is
necessary for all agencies to enter into a joint use agreement,(See
Exhibit "A").
Exhibit
"A" Joint Use Agreement
"B" Resolution No.
Staff Recommendations to the City Manager
Adopt Resolution
execute Joint Use Agreement on behalf of City.'
_authorizing Mayor to
AB No. Date: October 2, 1973
City Manager's Recommendation
This agenda item pertains to a Joint Use Agreement with
the Leucadla County Water District, Carlsbad Municipal
Water District and San Diego County Flood Control District
and it is recommended that the City Council adopt a resolution
authorizing the Mayor and Clerk to execute the Joint Use
Agreement on behalf of the City. The tentative map condition
requires dedication of a 24' off-site emergency and utility
easement. Three other agencies, namely, Leucadia County
Water District, Carlsbad Municipal Water District and
San Diego County Flood Control District will require
separate easements for sewer, water and storm drains.
Council Action
-2-
JOINT USE AGREEMENT
WHEREAS, by an instrument dated July 9, 1973 and recorded August 8, 1973
in the office of the Recorder of the County of San Diego as Document No. 73-220063,
the CARLSBAD MUNICIPAL WATER DISTRICT became the holder of an easement for
pipelines and incidental purposes over, under and across a strip of land 24 feet wide
lying within:
The NE 1/4 of Section 36 Twp. 12 S., R 4 W S.B.B. & M.
in the City of Carlsbad, County of San Diego, State of
California.
and more particularly described in said instrument and;
WHEREAS, the LEUCADIA COUNTY WATER DISTRICT, did obtain an easement
for sewer lines and incidental purposes over the easement hereinabove referred to,
by an instrument dated and recorded in said Recorder's office
as Document No.
and;
WHEREAS, the SAN DIEGO COUNTY FLOOD CONTROL DISTRICT did obtain an
easement for underground drainage and incidental purposes first hereinabove referred
to, dated and recorded in said County Recorder's office
as Document No. and;
WHEREAS, the CITY OF CARLSBAD did obtain an easement for access first
hereinabove referred to, dated and recorded in said County
Recorder's office as Document No. and;
WHEREAS, it is the intent of the above-mentioned City and Districts to share
in the use of the 24 foot strip of land first hereinabove mentioned in a manner so as to
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not interfere with the facilities installed by the holders of the respective easements;
NOW, THEREFORE, the CARLSBAD MUNICIPAL WATER DISTRICT, the
LEUCADIA COUNTY WATER DISTRICT, the CnY OF CARLSBAD, and the SAN DIEGO
COUNTY FLOOD CONTROL DISTRICT do hereby agree to occupy such portions of said
strip as their facilities require, under the following conditions;
1. That the CARLSBAD MUNICIPAL WATER DISTRICT shall occupy that portion of said
strip described as;
2. That the LEUCADIA COUNTY WATER DISTRICT shall occupy that portion of said
strip described as;
3. That the SAN DIEGO COUNTY FLOOD CONTROL DISTRICT shall occupy that
portion of said strip described as;
4. That the CITY OF CARLSBAD shall occupy that portion of said strip described as:
5. That the City and each District shall exercise care to avoid disturbance of
existing facilities of each during installation, relocation or repair and
maintenance of their respective improvements.
6. That the City and each District shall at its own expense, restore the surface to
previous condition, subsequent to installation, relocation or repair of its
facilities.
7. That the City and each District shall be responsible to reimburse any other
District herein for damages caused by the installation, relocation, use or
repairs to their respective utilities.
IT is hereon understood that each of the parties to this agreement shall have
joint use of the surface of said strip for ingress and egress to their respective
c
portions as hereinabove described.
DATED:
CARLSBAD MUNICIPAL WATER DISTRICT
By
LEUCADIA COUNTY WATER DISTRICT
By
SAN DIEGO COUNTY FLOOD CONTROL DISTRICT
By
CITY OF CARLSBAD
By