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Home My WebLink About1990-12-18; Municipal Water District; 068; Acceptance of Grant Deed for Water Line Purposes‘ . Ef 8 if % . . : 4 d I 8 SB#A MTG.lIj/B/PO. DEPT. ENG l I-IIWD - AGENDA BILL &-. TITLE: ACCEPTANCE OF GRANT DEED FOR WATER LINE PURPOSES FOR LOT 29, CARLSBAD OAKS EAST CMWD PROJECT NO. 89-C-317 RECOMMENDED ACTION: Adopt Resolution No. 703 accepting a Grant Deed for water line purposes. ITEM EXPLANATION: Carlsbad Oaks East, Ltd., developers of Lot 29, Carlsbad Oaks East, have granted an easement as directed in the attached documents. The easement is granted to the District for maintenance and operation of the water service to the project. The subject is located on the north end of Sea Lion Place Cul de Sac north of Palomar Airport Road. Engineering Staff has reviewed the Grant Deed and find it satisfactory for its intended purpose. FISCAL IMPACT Requiring dedications as a condition of water system improvements will save the District expenses in future easement acquisitions. EXHIBITS 1. Location Map. 2. A Grant Deed from Carlsbad Oaks East, Ltd., dated 16 hu h0 . c 3. Resolution No. 702 accepting a Grant Deed for water line purposes. CMWD 89-C-317 . h L0CATION MAP PALOMAR -- ROJECT NAME: LOMAS LOT 29 PROJECT NO. EXHIBIT NO: FOR WATERLINE EASEMENT 8g-co31 7 1 2 3 4 RESOLUTION NO. 703 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT ACCEPTING A GRANT DEED FOR WATER LINE PURPOSES FOR LOT 29, CARLSBAD OAKS EAST. CMWD PROJECT NO. 89-C-317 WHEREAS, Carlsbad Oaks East, Ltd., has submitted a Grant 5 Deed conveying as easement to the Carlsbad Municipal Water 6 District for water line purposes over a portion of Lot 29, 7 Carlsbad Oaks East; and 8 WHEREAS, the Board of Directors of the Carlsbad Municipal g Water District has determined it to be in the public interest to 10 accept said Deed: 11 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of l2 the Carlsbad Municipal Water District, as follows: 13 1. That the above recitations are true and correct. 141 2* That the Grant Deed from Carlsbad Oaks East, Ltd., 15 dated October 30, 1990 I conveying as easement for waterline 16 purposes over a portion of Lot 29, Carlsbad Oaks East which is on file with the Carlsbad Municipal Water District and is 18 incorporated by reference, is accepted. 19 3. That the Secretary of the Board is authorized to cause 20 the original Deed to be recorded in the Office of the County 21 /// 22 /// 23 //I 24 //I 25 "' 26 //I 27 //I 28 //I 1 - Recorder of San Diego County, State of California, with the appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Municipal Water District held on the 18th day of December I 1990 by the following vote, to wit: AYES: Board Members Lewis, Larson, Stanton and Nygaard NOES: None ABSENT: Board Member Kulch ATTEST: ALETHA L. RAUkENKRANZ, Secretary \ \ CMWD 89-C-317 . . . PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) RECORDED REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 Assessor's Parcel No.: 209-082-06 Project Name & No.: Lot 29, Carlsbad Oaks East CMWD Project No. 89-C-317 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT ALETHA L. RAUTENKRANZ, Se Board of Directors EASEMENT CARLSBAD OAKS EAST, LTD., a California limited partnership does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, its successors and assigns, an easement. Purpose: The easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other such protective facilities 1 . . 2020 and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit I'A" and Exhibit lIB" attached hereto and by this reference made a part hereof. CARLSBAD OAKS EAST, LTD., a California limited partnership General Partners: By: Dated: By: DEL DIOS, corporation a California By: '&A k%ecretary TECH CONSTRUCTION CORP., a California Hrporation PAUL g. YCHANG, President (Attach Notary Acknowledgment) CMWD 89-C-317 in the year 5 a--l LtlPC 1940, mf , a N&aq Public in and for said State, pekonhlly a&%&d -Tr,hn 3. PLT rc.s mraonallv lmovu to ma (or nroved to me on the basis of satisfac: l vidkce) to be thi - Pros ident, and . GG , personally knovn to ~6 (of proved the basis of B atisfactory evidence) to be the Secretary oC the Gorporatiou that executed the vithin instrument, knovn to ma to be the persons vho executed the within instrument on behalf of the corporation therein named, and acknovledged to me that such corporation executed the vithin instrument pursuant to its bylavs or a resolution of its board of directors. WITNESS my hand and oLCicia1 seal. OFFICIAL SEAL SM. ‘NESTSROOK N:CT,AX\! 2clXlC - CALIFORNIA . ?XNCii’AL O;;ICE IN ;AN 31EGO Cr;UNTY /-- STATE OF CALIFORNIA COUNTY OF . San Isa. 5 1 z e On October 29, 1990 z before me, the undersigned, a Notary Public in and for Z said State, personally appeared Paul K. Tdhanq a"$ and --- B El , personally known to me (or proved to me on the basis LE ifa Of Satisfactory evidence) to be the persons who executed the within instrument as 2-m President and --- QC Secretary, on behalf of Tech Construction Corp i;i 8 ‘D u-l the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by- laws or a resolution of its board of directors, said corporation being known to me to be one of the partners of Carlsbad Oaks East, ltd. the partnership that executed the within instrument, and ack- nowledged to me that such corporation executed the same as such partner and that such partnership executed the same. -. 8 m (This area for official notarial seal) 2022 This is to certify that the interest in real property conveyed by the Deed dated October 30 --------------I 1990, from CARLSBAD OAKS EAST, LTD., a California limited partnership, as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of the Carlsbad Municipal Water District on December 18 --m--m------- , 1990, and the Grantee consents to recordation thereof by its duly authorized officer. DATED December 19 , 1990. CARLSBAD MUNICIPAL WATER DISTRICT By: ,~ KAREN R. KUNDTZ, Assistant Secretary CMWD 89-C-317 3 . _ - * - Exhibit "A" 2023 Waterline Easement - Lot 29 Carlsbad Oaks East Page 1 of 2 P.R. CMWD 89-C.317 An easement being in the City of Carlsbad, County of San Diego, State of California and being a portion of Lot 29 per Map No. 10372, filed in the Office of the County Recorder in said County in said State, more particularly described as follows: Parcel A A strip of land being 20.00 feet wide, lying 10.00 feet on each side and parallel with the following described centerline: Commencing at the Southwest corner of said lot, said corner being on the arc of a 60.00 foot radius curve concaved Southerly, a radial line to said point bears North 54"06'00" West: thence North 34"37'27 " West along the Westerly line cf said lot 356.79 feet; thence leaving said Westerly line North 55"22'33" East a distance of 44.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said centerline South 34"37'27 " East 7.50 feet to a point herein described as point A- l: thence continuing South 34"37'27" East 9.38 feet to a point herein described as point A-2: thence continuing South 34'37'27" East 244.12 feet to a point herein described as point A-3: thence continuing South 34"37'27" East 50.08 feet; thence South 44"34'36" East 53.09 feet to the POINT OF TERMINUS, said point being on a 60.00 foot radius curve and also on the Southerly boundary line of said lot. The sidelines of said 20.00 foot wide easement shall be lengthened or shortened at all angle points and to begin at the POINT OF BEGINNING and shall terminate on said Southerly boundary line. Parcel A-l Being strips of land being 15.00 feet wide, lying 7.50 feet on each side and parallel with the following described centerline: Beginning at the above described point A-l; thence North 55"22'33" East 25.00 feet to the POINT OF TERMINUS. ALSO A-2 Parcel Beginning at the above described point A-2; thence South 55"22'33" West 22.00 feet to the POINT OF TERMINUS. ALSO Parcel A-3 Beginning at the above described point to the POINT OF TERMINUS. A-3, thence No rth 55"22'33" East 17.00 feet EXHIBIT B r SHEETZOFZSHEETS - huP NO. LOT 27 \ N. T S TRUEtVfNTOF~-w., ,r -N34’3?TW BEGlNNl44 /// \ \ / ',I 150' I \ / #' -it! 55'22'33'E \ \ / / .;sc 2500 ..I- / ,!y'/ , I> w I \ z~g-c>5g-zLJA LJESTCRLriiNE------- LOT 29 MAP NO. 10372 PLAT TO ILLUSTRATE PROVOSED RICK ENOlNPERlNa COMPANY WATER LINE EASEMENT - LOT 29 CIVIL ENQINE~RB.B”R”~YoRB.PLcINNEAB CARLSBAD OAKS EAST I9SS P*LC)MAn OAKS wnv, Sun-E Roe, cAmLs.sAo. CA ewo! C.M.W.D. 89- C.317 PFOJECT NUMBER 11233.4 1 1 SCALE i’“80 1 DATE T-i?‘?0 SEA LION PLACE :/ --I/ 5&Th'ffLY BoIIA/cR~LtNE---/ ,.’ ,2025 -FT=--- LQCATION MAP PALOMAR --* ‘ROJECT NAME: LOMAS LOT 29 PROJECT NO. FOR WATERLINE EASEMENT ( 89-c=3’7’i