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Home My WebLink About1991-01-08; Municipal Water District; 069; Acceptance of Grant Deed for Water Line Purposes. . 8 P $ . . p 2 e E 8 \B#O(cQ MTG. /-g-9! DEPT. ENG. C ..rWD - AGENDA BILL - TITLE: DEPT. HD.Kf$ ACCEPTANCE OF GRANT DEED FOR WATER LINE PURPOSES - CMWD PROJECT NO. 89-102 RECOMMENDED ACTION: Adopt Resolution No. 707 accepting a Grant Deed for water line purposes. ITEM EXPLANATION Hoyt S. Pardee has granted an easement as directed in the * attached documents. The easement is granted to the District for construction, maintenance and operation of a pressure regulating station for the El Camino Water Main Replacement project. The subject project is located on the east side of El Camino Real between Elm Avenue and Hosp Way. Engineering Staff has reviewed the Grant Deed find it satisfactory for its intended purposes. FISCAL IMPACT None. EXHIBITS 1. Location Map. 2. A Grant Deed from Hoyt S. Pardee dated . 3. Resolution No. 707 accepting a Grant Deed for water line purposes. CMWD 89-102 LOCATICI\I MAP \ ‘SOUTHd & i FJ \ VICINITY MAP SITE El CAMiN REAL EXI-IIGIT - cM\illG E!g - li[)z . - RESOLUTION 707 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATER LINE EASEMENT FOR EL CAMINO REAL WATER MAIN REPLACEMENT, CMWD PROJECT NO. 89-102 WHEREAS, HOYT S. PARDEE has submitted a Grant Deed conveying an easement to the Carlsbad Municipal Water District for waterline purposes over a portion of parcel 4 of Parcel Map 13206; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it to be in the public interest to accept said; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water District as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed from Hoyt S. Pardee dated June 11, 1990 conveying an easement for waterline purposes over a portion of Parcel 4 of Parcel Map 13206 which is on file with the Carlsbad Municipal Water District and is incorporated herein by reference, is accepted. 3. That the Secretary of the Board is authorized to cause the original Deed to be recorded in the office of the /// /I/ /// /// /I/ /I/ /// /// : 4 f 1( 11 1; 12 14 If lf 17 1E 1s 2c 23 22 23 24 25 26 27 28 - County 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 8th day of January I 1991 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard NOES: None ABSENT: None ATTEST: QA%% 4? ALETHA L. RAUTENKRANZ, Secreta (SEAL) CMWD 89-C-334 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: 1544 _.-.. _... Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 Assessor's Parcel No.: 167-090-61 Project Name & No.: Parcel 4, Parcel Map No. 13206 CMWD Project No. 89-102 DOCUMENTARY TRANSFER TAX: NONE CARLSBAD MUNICIPAL WATER DISTRICT ALETHA L. RAUTENKRANZ, Seer a EASEMENT HOYT S. PARDEE, an unmarried man, hereinafter referred to as "Grantor", does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency, hereinafter referred to as "Grantee", organized in the State of California, its successors and assigns, an easement as described herein. The grant of this easement is subject to all matters of record. Purpose: The easement granted herein shall be to allow Grantee to construct and operate the facilities described on Exhibits C and D hereto for the transporting and treating of water, flowing into the facilities which shall be constructed by Grantee in accordance with the plans shown on Exhibit C and Exhibit D attached hereto, and for all ac- tivities necessary to reconstruct, maintain and repair said facil- ities. Said facilities may include additional structures in the easement area which are necessary to protect the facilities from natural and other forms of damage including, but limited to, erosion control facilities, doors, locking devices, alarms, lights, and all other such protective structures. Grantee shall place all such struct- ures underground to the extent reasonably possible. The use shall also include reasonable access to and from said facilities for the purpose of constructing, operating, repairing, maintaining, in- specting and reconstructing said facilities. 002PlDJ0.415 1 . -I - 1 , 13 The uses described herein shall be non-exclusive to the Grantee. Grantor agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted in the easement area. However, Grantor shall have the right to landscape the ease- ment and to screen Grantee's facilities and structures, but Grantor shall allow access to the manhole and above ground--facilities re- quiring on going inspection and maintenance. Except as expressly provided above, Grantor and his heirs, successors, grantees and assigns, shall have the right to make any lawful use of any ease- ment area, so long as such use does not unreasonably interfere with Grantee's uses as described herein. No changes to the attached plans of Grantee (Exhibits C and D here- to) affecting any above ground improvements shall be made without the express written approval of the Grantor in his sole discretion. If the Grantee constructs any facilities or structures before the entire property of Grantor (including without limitation Parcel 4, Parcel Map No. 13206) is completely developed and constructed, Grantee agrees to raise or lower (as Grantor may request) the ac- cess, venting and other facilities and structures which must be above ground, all to the lowest grade at which they will function correctly and be consistent with the development plans of Grantor and to do so at Grantee's cost. All facilities and structures described herein shall be constructed, operated, repaired, main- tained, inspected and/or reconstructed at Grantee's sole cost. LOCATION OF THE EASEMENT: The easement granted herein shall be located solely within and upon the properties more particularly described in Exhibit "A" and Exhibit "Brr attached hereto and by this reference made a part here- of. DATE: , 1990 (Attach Notary Acknowledgement) 002PlDJ0.415 2 . ,. . Certification 1546 ify that the interest is real property corweyed by the Easement dated /9 19f0, frmHOYTS. PARDEX, an unmmiedman, asgrantor,toCARLSBADMUNICIPAL~DISTRICT,aMunicipalWaterDistrictAct of 1911, as amended, is hereby accepted and agreed to by order of the Board of Directors of the Carl&ad Municipal Water District on January 8 1991, and the Grantee consents to recordation thereof by its duly authorizek OfTLer. DA!I!ED January 9 , 1991 - CARISBADMUNICIPALWATERDIS'I!RICI' CarlsbadMunicipal Water District Notaxy Acknowledgement forEasement STATJ3OFC?&IKRNIA ) > ss CCUN'IYOFLOSANGELES) on this 13 L day of \-lo L: c,nl.,c ,- in the year 1990, before me, the undersigned, a notary public in and for said &ate, personally appeared HOYT S. PARDEE, personally known to me (or prove3 to me on the basis of satisfactory evidence) to be the person whose naxne is subscribed to this instrument, and 002PlDJ0.415 . .- .- 1547 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF PARCEL 4 OF PARCEL MAP 13206 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF RECORDED MARCH 14, 1984 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL 4; THENCE SOUTH 38'20'01" EAST ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 4, 50.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 38°20'Ol" EAST ALONG SAID SOUTHWESTERLY LINE 50.00 FEET; THENCE DEPARTING FROM SAID SOUTHWESTERLY LINE, NORTH 51'39'59" EAST 20.00 FEET; THENCE NORTH 38°20'01" WEST PARALLEL WITH AND DISTANT 20.00 FEET AS MEASURED AT RIGHT ANGLES FROM SAID SOUTHWESTERLY LINE, 50.00 FEET; THENCE SOUTH 51'39'59" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING. SUBJECT EASEMENT CONTAINS 1000 SQUARE FEET (0.02 ACRES) SUBJECT TO ALL EASEMENTS, COVENENTS, CONDITIONS AND RESERVATIONS OF RECORD. CMWD 89-102 (REVISION) .’ . . . .;’ ,; - 1548 EXHIBIT “B” SCALE / $’ / 9 8 8 t-a PM NoA PARCEL 3 PARCEL 4 \ N 3810'01' W N 5139’59’ E DRAINAGE EASEMENT F/P 73-144267 O.R. /” DENOTES EASEMENT EASEMENT TO BE ACQUIRED SITE WlNlM MAP (NO SCALE) CMwD 89-102 (REVISION) CARLSBAD MUNICIPAL WATER DISTRICT Right-of-Way Engineering Services, Inc. civil Engineering Land Survey(ng 2103 El Camlno Real, Suits 208 Oceansida, CA 92054 (619) 757-4443 I cm FILE: AcM\Pwcs\anuo~Dm: I- ,... _ . . . . . ~-_--- -. _-__ __ ._ - .-_ _ ~. _- -- _- __.-- .-.- -----‘r- --y~---~.. .-.... -_ _ _ ..-_-_ ___-._-- --- .(I ---I -VT- ;N b.cxV&, W$LW- d 3 -__.--- _-. ‘L-. ’ __-~--..- -.---.--...-L b.. __. _ : ..,.._._ _. . . . . . ..__..........___ _ . . . ---.-.- - .Y... --.._--..-. - ..__ .._.. - ^ _: .___, 2,a’y \,t -.J . p o...-.I. 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