HomeMy WebLinkAbout1978-07-18; City Council; 5510; Temporary Water Line Easement* - •--' CITY OF CARLSBAD
Initial:
AGENDA BILL NO. ^T^/O Dept. Hd.
DATE: .TUIV 18.,. 1978 C.
DEPARTMENT: Public Horks C. Mgr.
Subject:
Temporary Hater Line Easement; Carlsbad Palisades ,?~ " -.
Statement of the Matter
Douglas Southwest, original developer of Carlsbad Palisades, relocated a 12" water line
as a temporary measure to continue water service to the Laguna Riviera subdivision
(Neblina/Avilla area) while grading and installing a 14" water line in the Palisades
subdivision. This line also serves the Laguna Riviera subdivision but at a different
location and it was intended to provide all of the water needs in the area. However,
until additional development occurs in the area between Palisades and Laguna Riviera,
use of the 14" line results in a dead end and small demand along Avilla. The 12" line
feeds through Avilla and overcomes the dead end problem. Additionally, the 12" line
provides a second supply service to the area should there be a problem on the 14" line.
L & R Partnership, owners of the property through which the 12" line passes is willing
to grant the city a 20' temporary easement until such time as the area develops. It
is recommended that the city accept the easement in order to continue use of the 12"
water line.
Exhibit
A. Temporary Easement Agreement
B. Resolution No. ^TV^tT .
Recommendation
If Council concurs, approve Resolution authorizing the Mayor to execute the temporary
easement agreement.
Colincil action
7-18-78 Resolution #5488 was adopted, approving an agreement between the
City and the L & R Partnership for a temporary water line easement
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RESOLUTION NO. 5488
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD, CALIFORNIA AND THE
L & R PARTNERSHIP FOR A TEMPORARY WATER LINE
EASEMENT.
The City Council of the City of Carlsbad, California, does hereby
resolve as follows:
1. That a certain agreement between the City of Carlsbad,
California and the L & R Partnership for a temporary water
line easement, a copy of which is attached hereto 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 the City
Council of the City of Carlsbad, California, held on the 18th day
of July , 1978 by the following vote, to wit:
AYES: CounciTmen Packard, Skotnicki,- Lewis, Alrrear and
NOES: None
ABSENT: None
Councilwoman Casler
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MARQARET/E. ADAMS, CityC Clerk
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RONALD C. PACKARD, Mayor
ATTEST:
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(SEAL)
TEMPORARY EASEMENT AGREEMENT
L & R Partnership, as grantor, hereby grants to the-City of Carlsbad, as grantee,
a twenty foot wide temporary easement for the installation, operation, replacement
and maintenance of a water pipeline or pipelines over, under, across and through
the following described property:
In the City of Carlsbad, County of San Diego; State of California, a portion of
Lot "I", Rancho Agua Hedionda as shown on Map Number 823 filed November 16,
1896 in the Office of the County Recorder of San Diego County; the center line
.of said easement being more particularly described as follows:
Beginning at the Southerly boundary of Carlsbad Tract 73-8, Unit No. 1, Map
Number 8039 recorded November 8, 1974 in the Office of the County Recorder
of said County; thence Southwesterly and Northwesterly approximately 530 feet
to the Westerly prolongation of said Tract 73-8 boundary. The side lines of
said easement shall be lengthened or shortened to terminate in said Southerly
tract boundary and the Westerly prolongation thereof. The center line of said
easement is identical to the physical location of the center line of a 12 inch
water pipeline shown on Sheet Ten of the improvement plans for said Tract 73-8
(Carlsbad Palisades), Drawing Number 179-3 dated October 18, 1974 filed in the
Office of the City Engineer of Carlsbad.
This easement shall revert to the grantor, his successors, heirs and assigns if,
because of future subdivision and/or development of said Lot "I" the water
pipeline must be relocated and another easement granted. Such relocation and grant
of easement shall not be at expense of grantee.
Jack^/Cox, General Partner
L & R Partnership
Ronald C. Packard, Mayor
City of Carlsbad
!d Jensen, Geile/tal Partner
'& R Partnership
James V. Jensen)
Margaret
City of
*" _v*-">'r -.«<*"• Q* ~ / ff .****-*-S**^L-^^—ir.E. Adams, Ci^y Clerk
Carlsbad