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Home My WebLink About1985-10-22; City Council; 8375; Joint Use Agreement San Marcos Water District0% OR CARLSBAD --- AGENL , . BILL AB# F37S- TITLE: JOINT USE AGREEMENT BETWEEN CITY DEPT. HD.— MTG. 10/22/85 AND SAN MARCOS COUNTY WATER DISTRICT CITY ATTY-VE16— DEPT. CA CITY MGR,&L RECOMMENDED ACTION: Adopt Resolution No. Qa.3,'Z authorizing the Mayor to sign the agreement. ITEM EXPLANATION The City and San Marcos County Water District are jointly constructing an effluent disposal line. Part of the line will be constructed in an easement already owned by the City. Because of legal technicalities the District must also condemn the right to put the line in the easement from the underlying property owner. The City is named in that condemnation action. This joint use agreement will allow the district to use the City's easement jointly with the City and will. result in a dismissal of the City from the condemnation action. The agreement has been reviewed by the Utilities and Maintenance Director. He reports no conflicts or problems as a result of the joint use. Our office approves the agreement as well. FISCAL IMPACT None EXHIBIT /Resolution No. F02 3 � 0 UJ O 4. CL d Z 0 F V a 5 Z 0 II 1 RESOLUTION NO. 8232 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 _CARLSBAD, CALIFORNIA APPROVING A JOINT USE AGREEMENT BETWEEN CITY AND SAN MARCOS COUNTY 4 WAATER DISTRICT FOR UTILITY EASEMENT. 5 The City Council of the City of Carlsbad, California, 6 does hereby resolve as follows: 7 1. That certain joint use agreement between the City of 8 Carlsbad and San Marcos County Water District for utility 9 easement marked Exhibit A and made a part hereof, is hereby 10 approved. 11 2. That the Mayor of the City of Carlsbad is hereby 12 authorized and directed to execute said agreement for and on c y 13 behalf of the City of Carlsbad. C, Q w a 14 PASSED, APPROVED AND ADOPTED at a regular meeting of the 00Zz i o Z a o 15 City Council of the City of Carlsbad, California, held on the # �?�a zW W o 22nd day of October , 1985 by the following vote, WZ< 16 >k�s 17 to wit: U AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine U 18 19 NOES: None 20 ABSENT: None 21 22 `rt CrL.z,_ 23 MARY H.�AZ�ER,Mayor ATTEST: 24 ALETHA L. RAUTENKRANZ, City er 26 27 28 G a r,^ 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 FOR 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 WATER 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 Recorus of San Diego County. 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 leaal EXHIBIT A1, aw. dcscriptiori 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. i F. The CITY and DISTRICT desire to provide for their joint use of the easement being acquired by DISTRICT. C-O-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 of way for the effluent "B" jointly as right transmission pipeline and for access to k, 1 f �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 i 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 i entered by DISTRICT in the course of the proceeding. 4. NOTICE a 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 S San Diego, State of California is , 1985. 1. THE CITY OF CARLSBAD By MAYOR Attest: CITY CLERK SAN MARCOS COUNTY WATER DISTRICT By MARY A. NEWPORT, President of the Board of Directors Attest: WILLIA.M W. RUCKER, Secretary to the Board of Directors 6 STATE OF CALIFORNIA ) ss COUNTY OF SAN DIEGO ) 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 _r,_ 1 I STATE OF CALIFORNIA ) ss COUNTY OF SAN DIEGO ) 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 President, 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 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- t ity rf C.rrISb. <1 «•-� r+City of Carl_ cbild aA 1200 Elm Avenue Carlsbad, CA 90008 a. a rW ru <r•MM1 O I rCity of Carlsbad t v.Io 1700 Elm Avenue Carlsbad, CA 92008 L r 1 J Grant Deed L— TMIG FORM /UAMIa M[D tY TrrL; #"*U1rA1*Q AMD Ta URT coup^- 1.. �^t•e I�JJ FCCv;3E^ REOVEST Cf MLI rr lil.11 OFFICIAL RECORDS i.Sil "uiE'vv Cvvn i i i:.Sli�. MARLET F.BLOON RECORDER SPACE AOOVE THIS uNr FOR RECOPOrR•S USE The urdenirned grantor(.) deeLrt(t) . i)oeumentary trarLsfrr tax is S n t ( ) computed on full value of property ennveyed, or ( ) computed on full value less value of lima and rneomhrnnrr+ mwining at time of a+le ( ) Unincorporated area: (x ) City of Ca r I sb d and roil A VAIAIATI.LF, CONSIDMATIO-I, receipt of which i< hereby aeknowletlt•ed. Andrew McReynolds hereby GRANT(S) to C i ty of Carl sbad, :in easement for gener. 1 ut i 1 i ty our(oscg, the follnring de<cribed real property in the City of Car 1 sbao County of San Diego ,:late of Gli(ornia: 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. sz� CFF.T7FICATE AF ACCEPTANCE `'' .,,i 'r 823 I T111s is to ccrtity that the interest in rc 1 pJoperty convrved by the deed or grant dated July �1, 1974 troy. ------ Andrew N, McReynolds 1 to the City '*)f Carlsbad, California, t I a political corporation and/or 1 governnenta) agency, is hereby accepted ' l+y the undersigned officer or agent an h 1, ) c a f or the City Council of the City of Carlsbad, California a C-V-ZT � „/r,�— •Y! . pursuant � Otn,ui Sint r* authority confcricd Iru Resolution IIISJ7 o i l�';�a Yrfinlahl.Smdh f the CI tU 01, t'J.�-• anu. r^.he •B r.. i on Juju i. Inff, .+r•. rhr• wren r ' ...._..^•... , ' re t•• Prl'.1 ^O.nt. t rnr:�tel, r- tr• Cho rerr+.d,rt:n /. f hr•Ir•r•r hrl — In fCv�r..^� Ir•I'. MN a t.ri r Jt• r11111auf h•�r 2/: nr! t.; (t ,'<<��• ! . NO FEE 1 i / ' • bAZ j t i I:•:111i11T "A" i I ,%n easement for general utility purposes over, under, along and across that { portion of Parcel "B% according to Parcel Map thereof No. 1477 on file in the _ Office of the County Recorder of San Diego County and that portion of Lot "H" of Rancho Aqua liedionda, according to Map thereof No. 823 on file in the Office ' of the County RP corder of San Diego County, In the City of Carlsbad, County of I San Diego, Statc of California, described as follows: 3 A strip of land 30.00 feet in width lying 15.00 feet each side of and paraileLwith the following described centerline; Commencing at the most Northerly corner of said Parcel "B"; thence along the Northerly line of said lot, South 60' 09' 45" West, 373.67 feet to a point in the ' arc of a non -tangent 908.00 foot radius curve concave Northeasterly, a radial + line to said point bears South 60, 09' 45" West: thence Southeasterly along the j arc of said curve through a central angle of 91, 06, 07" a distance of 144.24 feet to + the TRUE POINT OF BEGIN ING, a radial line to said point bears South 51°03' 38" West: thence leaving said 908.00 foot radius curve North 82"27' 38" East, 208.29 84" 20' 00" East, feet; thence North S3° 52' 50" East, 274.81 feet; thence North 29'• East, 974.43 feet to an Intersection with thv 245.73 feet; thence North S7° 38' line of land described in deed recorded December 28, 1959, !n Book 8065, North Pace 255 of Official Records. ►•t�� I The s;d'., lin^:; of the above described 30.00 foot strip of, land to begin Southwesterly t in th-' ,rc of the above mentioned 908.00 foot radius curve and terminate IT,nrtho'!strrly in the North line of said land descrlbed in deed mcorded 1 P�cerjb°_r 2r,, 1959 In Book 6065, Page 2S5 of Ofiicial Records. ! 1.xc.�ntina from the above descrih^d land all that portlon thereof lying Southerly of a 1!ne d.—awn 5.00 feat Southerly, neasured bt right angirr., and parallel with the Thnve, descrltx,d centerline.. 10 824 �, c too �;1 - o s. �Of LE6AL' DESCR/P�70/✓ i �'� �o• FOF E'X/ST/N6 V• -erwcz EASEMENT iv B!/EN,4 - i ti 9.4NiTaT/DN D/�TRicT p PER SUPER/OAP LVU,QJ-CASE c-, h 2"46 RAC. Ne m, /9Gt F/LE NQ "C Jsl N. 4� /966,48 F/LE 1 NQ Q? mosrN L0%VDE,� . LA T.P. 0. S. PL AT TD /L L US 7R.4 rF EGAL ::E5CR1P7-1O1v Of ZO' 6!4FNrR.4L RICK ENGINEERING co:".PAPlly �L:Xv�Ra.4o�.rTiCTSCT'L rwmc.:.-.LVM -tlq '! %1r�Y�?t :J � SO AVi NVE. uALS@AD Gll lffu,414 •1,"vS, Trup"onc jrw) 723-+9N7 _L ~ PANCEI. I The lands -.jjj(j cj,,�cnwnt of Light of way is hereby granted arc situ trr cl in tSan Diego, h.- County of State of California, and ;part i knil,ii ly �1,'Scj-jh"d as; follows, to wit: 29-19 in the City of Parcel A ot CaAshad, CountY Of Son Dictm, state c)f California, filed in tho chif.i, of the County Recorder :)[ San Diego County, A11,1W;t 9, 107.1 j:; filo number 74-216632 being a PrWrioil 01I, t it ,,1 llodiundn •li-q:0rding to on to 222. map th Said ca:n","t of l"O"-ol-way 51 Lit(' tf(_)r,-s-1i6 land;; i:; Particuiarly d-s-rik-1 010 170110": A _;trip IM IN, 00 1()t)L in w1di It ]Yillcl and " "j" Ij).j)0 foot uasomcnt L,lt jon Di,0xict. withi.ri Ljic lZinds first qxon dinvi lbod an shown on P,trct�l Map 1.10. .!94(l Recorded Am"A ", 1974, as Filn Mo. 74-?l01_,1` JIt P,)qQ 1949 of tio' POM. ()t* in th(' Offic., of tht. County I he Count '.,r W Sill Di.,rjo, k"', lvt: of Caliki-A.- C G:J. ; r O /I 1 5 00 FOOT CO 0,15 7PUCIvo?./ YY •'•• �. ,, � _•�."\1 ' i �i .tom' ' , G 03 13. /r/ � �•E. 3� s� f.ENrc-RC /NE 01�✓ N� f; ', ' " EX/5rwo /O. 00 Foor E'A5EMENr TO BUc;v4 5AN/TAT/0.�' O/5relcr A 590Wnf ON AARCEC MIP No. 2049. (•om rRUCTl01V C-A5E'4iEn/r �• 5. 00 FOOT An10 014E 35.00 fOC; I , fo',POPA*'Y WORKING MrA L APII,% O.V 7G 570 5Q. FT. i5 I 0 OF .32 i^ .).`i£-550R :5 PAl?rE C i 'o. 2//-040 -/2 ' CUL.4 r6D AND C'o.'4PII : (5 S. M. C. w. 0. r- r' :'fi! .•! 051 L:jj ► '3