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Home My WebLink About1992-03-03; City Council; 11573; APPROVAL OF GRANTING OF A DEED CONVEYING A WATER LINE EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT ACROSS A PORTION OF FUTURE PARK SITE IN ZONE 19, L.F.M.P.AB# /( J /'' TITLE: APPROVAL OF GRANTING OF A DEED MTG. 3 -.3 - 7.2 CONVEYING A WATER LINE EASEMENT TO CARLSBAD P&R MUNICIPAL WATER DISTRICT ACROSS A PORTION DEPT. OF FUTURE PARK SITE IN ZONE 19, L.F.M.P. DEPT. CITY 1 CITY I * a w 3 8 la 2 .. z g I- o 4 d g 3 o o L.f I OF CARLSBAD - AGENVBILL \ RECOMMENDED ACTION: Adopt Resolution No. 92-6 Yapproving grant of a deed conveying a line easement to Carlsbad Municipal Water District across a p of future park site for Zone 19, Local Facilities Management Pr ITEM EXPLANATION: The Carlsbad Municipal Water District is involved in acg easements for the installation of a twelve inch (12") water mai Camino Vida Roble southerly to an existing easement and wate that leads to the District's Twin 'Dl water storage tank site proposed water main will be installed across the City owned par in said Zone 19. An easement will be required from the Obtaining this easement will allow the District to bring addi potable water to the reservoir site. This will also allc conversion of one of the reservoir tanks from potable wa' reclaimed water, in order to provide reclaimed water storage f south section of the District. A condition of approval ( easement involved execution of an agreement between the city 2 District whereby the District agrees to the two following requir of the City: 1. If the water line has to be relocated when the future pal in said Zone 19 is developed, the District will provi relocation. At the time the park site is developed and reclaimed lir available, the District will provide a connection 1 reclaimed water system for irrigation purposes. This agreement was passed, approved, and adopted by City ( action on November 5th 1991, and executed on November 7 , 1991. of the Agenda Bill No. 11,419 and Resolution No. 91-359 approvi action is attached as Exhibit 1. The project is located on thi side of Camino Vida Roble between Palomar Airport Road and El Real The Engineering Staff has reviewed the Grant Deed and f satisfactory for its intended purposes. 2. FISCAL IMPACT: None. Requiring the agreement as a condition of granting thc line easement will save the City expenses in future wate relocation and reclaimed water connection in the Zone 19 propos site. EXHIBITS: 1. Copy of Agenda Bill No. 11,419 and Resolution No. approving Agreement for Conditions of Approval for C Convey a Water Line Easement Across Future Park Site in for D-2 Project, CMWD Project No. 86-109. j e 0 PAGE 2 OF AB # //,4’33 2. Location Map. 3. A Grant Deed conveying a water line easement to the Ca Municipal Water District 4. Resolution No. 92 - & L{ approving the Grant Deed conve water line easement for water line purposes. CMWD 86-109 . 6 -_ D u1 > 0 U a e 4 .. 5 F 0 a A z5 z 3 0 0 OF CARLSBAB - AGENWBILL / I AGREEMENT FOR CONDITIONS OF APPROVAL P&R ACROSS FUTURE PARK SITE IN ZONE 19 FOR y_ DEPT. FOR CITY TO CONVEY A WATER LINE EASEMENTCITY1 CITY 1 cw AB#s Tm- MTG. // -3- - ‘i/ DEPT. D-2 PROJECT, CMWD PROJECT 86-109 RECOMMENDED ACTION: Adopt Resolution No ,~/-~~‘fapproviny an ayreement for con( of approval for the City to convey a water line easement future park site in Zone 19, Local Facilities Man Program, to the Carlsbad Municipal Water District. ITEM EXPLANATION: The Carlsbad Municipal Water District is involved in ac easements for the installation of a twelve inch (12l’) wat for Camino Vida Roble southerly to an existing easemf water main that leads to the District’s Twin ID1 water tank site. Granting this easement will allow the Dist bring additional potable water to the reservoir site a allow the conversion of one of the reservoir tanks from water to reclaimed water, in order to provide reclaime storage for the south section of the District. An e granted by City will be required across the City owned pa in said Zone 19. After review of the project and meeti the District staff, it was agreed that a condition of a of the easement involves an agreement between the City District, which has been approved as to form by t€ Attorney. The agreement has been executed between the C the District and recognizes the two following requirem the City: 1. If the water line has to be relocated when the futL site in said Zone 19 is developed, the Distric provide the relocation. At the time the park site is developed and reclaim€ are available, the District will provide a connec the reclaimed water system for irrigation purposes The subject project is located on the south side of Camj Roble between Palomar Airport Road and El Camino Real. The Parks & Recreation Staff has reviewed the Agreement i it satisfactory for its intended purposes. 2. FISCAL IMPACT: None. Requiring the agreement as a condition of grant water line easement will save the City expenses in futui line relocation and reclaimed water connection in the proposed park site. e (I) PAGE 2 OF AB # /< '?/ 4 EXHIBITS: 1. Location Map 2. An agreement between the City and the Carlsbad Mu Water District for conditions of approval for the 1 approve grant of conveying a waterline easement 901 line purposes across a portion of future park site 19 of the Local Facilities Management Program. 3. Resolution No. 57.3 59 approving an agreeme conditions of approval for the City to convey a watt easement. CMWD 86-109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 w RESOLUTION NO .91-359 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT FOR CONDITIONS OF APPROVAL FOR CITY TO CONVEY A WATER LINE EASEMENT ACROSS A PORTION OF FUTURE PARK SITE IN ZONE 19, LOCAL FACILITIES I MANAGEMENT PROGRAM, CMWD PROJECT NO. 86-109 WHEREAS, the City Council of the City of Carlsbz determined it to be in the public interest to approve an agri for conditions of approval for the City to convey a watei easement to Carlsbad Municipal Water District across a port future park site in Zone 19, Local Facilities Management Pr NOW, THEREFORE, BE IT RESOLVED by the City Council City of Carlsbad, California, as follows: 1. That the above recitations are true and corr 2. That the Agreement for conditions of approv the City to convey a water line easement to Carlsbad Mur Water District, which is on file with the City Clerk q incorporated by this reference, is approved. 3. That the Mayor and City Clerk are authorize /// /// /// /// /// /// /// /// /// /// /// 1 /I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e execute the agreement which will be returned to the City Cle a copy forwarded to the Carlsbad Municipal Water Distric recordkeeping. PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the 5th day of November 1991 by the following vote, to wit: AYES: Council Members Lewis, Larson, Stanton and Nygaard NOES: None ABSENT: Council Member Kulc ATTEST : A~Lu$w*~~ (SEAL) CMWD 86-109 2 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 W AGREEMENT FOR CONDITIONS OF APPROVAL FOR CITY OF CAKLSBAD TO APPROVE GRANT OF A DEED CONVEYING A WATER LINE EASEMENT ACROSS A PORTION OF FUTURE PARK SITE IN ZONE 19 OF THE LOCAL FACILITIES MANAGEMENT PROGRAM CMWD PROJECT NO, 86-109 This CONDITIONAL AGREEMENT (AGREEMENT), is made and en into this YG day of , 199/, by and betwee City of Carlsbad, a municipal - corporation, hereinafter referr as the "CITY", and the Carlsbad Municipal Water Distric municipal corporation, hereinafter referred to as IIDISTRICT1' WHEREAS, DISTRICT is responsible for the distributi potable and reclaimed water within the City of Carlsbad ar boundary- / I e WHEREAS, DISTRICT and CITY recognize the use of potable and reclaimed water (treated domestic wastewater) as a positi achievable means of helping to meet the growing water dl within the City of Carlsbad and Southern California in the fi WHEREAS, DISTRICT-is involved in acquiring easements fc installation of a twelve inch (12") water main from Caminc Roble southerly to an existing easement and water main that to the District's Twin ID1 water storage tank site. The pr water main will be installed across the CITY owned park s said Zone 19, an easement will be required from the Obtaining this easement will allow the DISTRICT to bring addi potable water to the reservoir site. This will also all conversion of one of the reservoir tanks from potable wa reclaimed water, in order to provide reclaimed water stora the south section of the DISTRICT. ". WHEREAS, CITY, as a condition of approval of the easemel 1 1 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 requested two requirements and the execution of this agreemei DISTRICT agrees with the requirements and execution o agreement. NOW, THEREFORE, in consideration of these recitals 2 mutual covenants contained herein, CITY and DISTRICT agrec execution of this agreement providing for the two fo conditions: I CONDITION 1. %If the new twelve inch (12") water line has to be re ~~/P~/~~~~j/~~~~~Z~lM~~l/~Zt~~!ddILY/ when the f utu site in said Zone 19 is developed, the DISTRICT will be resp for its vertical relocation. fish CONDITION 2. At the time the park site is developed and reclaime lines are available, the DISTRICT will provide a connectior reclaimed water system for irrigation purposes. /// /// /// /// /// /// /// /// /// /// /// /// ', \ ,- c is,, *. 2 A c ? 1 2 3 4 5 6 7 8 g 10 11 12 jg 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e w IN WITNESS WHEREOF, the parties hereto have cause AGREEMENT to be executed and to be effective on the aforementioned grant deed conveying a water line easeme granted by the CITY to the DISTRICT. CITY; DISTRICT : CI CARLSBAD MUNICIPAL co I . -a BY r- - ATTEST: AT ST: )L&-,q-. LI ALETHA L. RAUTENKRANZ, City Clerk L/u &IL.( L OBERT J. G AN Y, (SEAL) General Man fl"? ge APPROVED AS TO>QRM: c TY A g TO NIE VINmN F BrO DOAJR. f .d(d!,m$ CMWD 86-109 , i r* .- - 3 li a W PLEASE RECORD THIS DOCUMENT AT 1 NO FEE AS IT IS TO THE BENEFIT 1 1 RECORDING REQUESTED BY AND 1 WHEN RECORDED, PLEASE MAIL TO: 1 1 Carlsbad Municipal Water District ) Engineering Department 1 5950 El Camino Real 1 Carlsbad, California 92008 1 OF THIS DISTRICT (GOV. CODE [6103]) ) Space above this line Recorder's use. Assessor's Parcel No. 215-080-25 Project Name & No. Twelve Inch (12") Cross Connection, Vida Roble to Existinlq Thirty Foot (2 Water Line Easement - CMWD 86-109 DOCUMENTA.RY TRANSFER TAX: None CARLS BAD MUNICIPAL WATER DISSTRICT &J. h?- - Aletha L. Rautenkranz, Sec Board of Directors EASEMENT CITY OF CARLSBAD, a Municipal Corporation does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Agency organized in the State of California, its successo assigns, an easement. Purpose: The easement granted herein shall be 5 for the following purposes: the construction, operation, I reconstruction and all activities necessary to cons reconstruct, operate, maintain and repair facilities desigr the general purpose of collecting, storing, transporting, 1 and treating all water, including surface water, stream flood water and ground water flowing into said facilities, i natural and artificial drainage ditches and structures of an] 1 3/14/5 0 w whether above or below the surface of the ground. Said facility may include pipelines, pumping facil structures designed to control the flow of water and all faci and structures associated with said use which are desig facilitate the use and protect the facility from natural anc forms of damage including, but limited to, erosion c facilities, fences, gates, doors, locking devices, alarms, 1 and all other protective facilities and devices. The use also include a means of access to and from said facility f purpose of constructing, operating, repairing, mainte inspecting and reconstructing said facility,, The uses described herein shall be exclusive Grantee. Grantor herein agrees that no buildings and/or stn will be erected, walls constructed, fences built nor trees pl nor may the easement be used by the Grantor or any other pel entity, including other utilities, whether public or prival uses whether compatible or incompatible with the uses de: herein without the express written approval of the Grantee, /// /// /// /// /// /// /// /// /// /// 2 3/14/' 0 0 LOCATION OF THE EASEMENT: The easement granted herein shall. be located wit upon the properties more particularly described in Exhibit Exhibit lrBrl attached hereto and by this reference made hereof. , Executed by the GRANTOI 1992. 4th day Of March GRANTOR: CITY OF CARLSBAD, a Mur Corporation antoi By &7$Kfl : (s 'n' ere) CLAUDE A. LEWIS, Mayor (title of signat By : aQ64.k (sign here) ALETHA L. FMJTENKRANZ, C (title of signa APPROVED AS TO FORM: RONALD ACTIl/6&&NSEL By: /2. L 3.4' we (Notarial acknowledgment of execution by GFUNTOR must be at CMWD 86-109 3 3/11 0 w EXHIBIT "A" LEGAL DESCRIPTION I FOR WATER LINE AND TEMPORARY CONSTRUCTION EASEME!NT VESTING: CITY OF CARLSBAD, A MUNICIPAL CORPORATION APN: 215-080-25 THAT PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARISBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF, AS SHOWN ON RECORD OF SURVEY NO. 10774, RECORDED OCTOBER 30, 1986 AS FILE NO. 86-494180, DESCRIBED AS FOLLOWS: PARCEL I: WATER LINE EASEMENT A STRIP OF LAND 15.00 FEET WIDE LYING 7.50 FEET ON EACH SIDE AND PARALLEL TO THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF FRACTIONAL SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; THENCE NORTH ALONG THE WESTERLY LINE OF SAID SECTION 23, NORTH 0'33'25" EAST 2296.25 FEET TO AN ANGLE POINT IN THE NORTHEASTERLY BOUNDARY OF THAT'CERTAIN LAND CONVEYED TO THE CITY OF CARLSBAD BY DEED RECORDED JUNE 29, 1989, AS FILE NO 89-345769 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE NORTH 52'4 5 ' 54" WEST 71.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID CENTERLINE SOUTH O"33'25" WEST PARALLEL TO AND DISTANT 57.31 FEET MEASURED AT RIGHT ANGLES FROM SAID WESTERLY LINE OF SECTION 23, A DISTANCE OF 167.59 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 44"26'35It EAST 35.36 FEET; THENCE SOUTH 00°33t25tt WEST PARALLEL TO AND DISTANT 32.3 1 FEET MEASURED AT RIGHT ANGLES FROM SAID WESTERLY LINE OF SECTION 23 A DISTANCE OF 208.85 FEET MORE OR LESS TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN 30.00 FOOT WIDE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED JULY 21, 1958 IN BOOK 7174, PAGE 290 OF OFFICIAL RECORDS OF SAID COUNTY AND THE SOUTHERLY TERMINUS OF THIS EASEMENT. THE SIDELINES OF SAID 15.00 FOOT WIDE EASEMENT SHALL BE PROLONGED OR SHORTENED TO TERMINATE IN THE NORTHEASTERLY LINE OF THE AFORESAID CITY OF CARLSBAD PARCEL AND THE NORTHERLY LINE OF THE AFORESAID 30.00 FOOT CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT. SAID EASEMENT CONTAINS 6176.95 SQUARE FEET. PARCEL 2 : TEMPORARY CONSTRUCTION EASEMENT A STRIP OF LAND 50.00 FEET WIDE LYING 25.00 FEET ON EACH SIDE AND PARALLEL TO THE CENTERLINE OF THE 15.00 FOOT WIDE EASEMENT AS DESCRIBED IN PARCEL 1 ABOVE. THE SIDELINES OF SAID 50.00 FOOT WIDE EASEMENT SHALL BE PROLONGED OR SHORTENED TO TERMINATE IN THE NORTHEASTERLY LINE OF THE AFORESAID CITY OF CARLSBAD PARCEL AND THE NORTHERLY LINE OF THE AFORESAID 30.00 FOOT CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT. '( I ' ;ji i . iqp 1 7,: a w SUBJECT TEMPORARY EASEMENT SHALL EXPIRE WITHIN NINETY (90) DAYS OF THE FILING OF A NOTICE OF COMPLETION FOR THIS PROJECT. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION ARE PLATS LABELED EXHIBIT llBtl AND EXHIBIT "C" . THIS LEGAL DESCRIPTION AND PLATS WERE PREPARED BY ME OR UNDER MY DIRECTION. egl& 7/*m CECIL' E. P.L.S. CMWD 86-109 ----- _____ . .. i ,' ;;, f 9 3) 3 5 - -, -- :--.-, ,% I. m t . -!\!I : ------- DENOTES PROP~SED BO' TEMPORARY CONSTRUCTON EASEMENT DENOTES PROPOSED EASEMENT AREA, 6178.85 SO, FT. CARLSBAD MUNICIPAL WATER DISTRICT %?SED IN: EASEMENT PLAT I ClVa Engneerln Lan Survs)rln SHEET 1 OF 2 CITY OF CARLSBAD DATE; 7/30/91 - Rlght-of- Wa ]c Engineerlnf Sarvres, A$SESSOR'8 PARCEL NO. PROJECT NO. 215-086-25 C.M.W.b. 88-169 2103 a Camha klol !e 08 C)cmanald& A 0208 61g952/-4443 q EXHIBIT 'C' - r-leu t PROJECT SITE- CT VI Cl N I TY M AP NOT TO SCU CARLSBAD MUNICiPAL WATER DISTRICT VlClNlM MAP DATE: 5/09/91 I SrlEET2 OF2 Right-of-way Engineering Services, Ir ad Engmsumg Lond Surveymg 2103 a cmino ~ed st& 208 Oceanrid% u 92054 PROJECT NU C.M-W-D, 86-109 1619) 757-4443 0 w CERTIFICATION FOR ACCEPTANCE OF DEED This is to cefiify that the interest in real property conveyed by the grant deed ( easement, dated March 4,1995 from The City of Carlsbad, A Municipal Corporation to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water Distri Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on beh: of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authori conferred by Resolution NO.^ of the Carlsbad Municipal Water District adopted ( January 28, 1992, and the grantee consents to recordation thereof by it’s duly authorizc officer. DATED: March 6, 1992 ALETHA L. RAUTENKRANZ, Secrt& I . v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 a w RESOLUTION NO 92-64 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A DEED CONVEYING A WATER LINE EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT ACROSS A PORTION OF FUTURE PARK SITE IN ZONE 19, LOCAL FACILITIES MANAGEMENT PROGRAM, CMWD PROJECT NO. 86-109 WHEREAS, the City Council of the City of Carlsbi determined it to be in the public interest to approve i conveying a water line easement to Carlsbad Municipal District; NOW, THEREFORE, BE IT RESOLVED by the City Council City of Carlsbad, California, as follows: 1. That the above recitations are true and corr 2. That the Grant Deed conveying a water line ea for water line purposes to Carlsbad Municipal Water District, is on file with the City Clerk and is incorporated b! reference, is approved. 3. That the Mayor and City Clerk are authori execute the deed which will be returned to the Carlsbad Mur Water District for recordation. PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the 3rd day of March