The URL can be used to link to this page

Home My WebLink About1991-01-22; Municipal Water District; 072; Acceptance of Grant Deed for Water Line PurposesW# 07% HTG.1/22 >EPT. ENG* ‘-IWD - AGENDA BlLL =ACCEPTANCE OF GRANT DEE6 FOR WATER LINE PURPOSES FOR LOT 30, CMWD PROJECT NO. 88-C-277 RECOMMENDED ACTION: Adopt Resolution No. 708 accepting a Grant Deed for water line purposes. ITEM EXPLANATION: Upland Industries Corporation, developers of the subject project, 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 project is located on the south east side of Balfour Court. The Engineering Staff has reviewed the Grant Deed and find it satisfactory for its intended purposes. FISCAL IMPACT Requiring dedications as a condition of water system improvements will save the District expenses in future easement acquisitions. 1. Location Map. 2. A Grant Deed from Upland Industries Corporation dated December 27, 1990. 3. Resolution No. 708 accepting a Grant Deed for water line purposes. CMWD 88-C-277 MCClEllAN PALOMAR - --.-L-..- .-..- .-~- . _ . _. - -_ -_- - __ _ Lp-;ATlqq p..,/$p vK.lIr~lI-p~’ MA,p ., MCCLELUN PALOMAR 3AF;I3EAU~ I<ESE.Q~-J-I CENTEF, EN-ilk3l-F Fkl:jL! r..j13, (J’JIT Ni3: 2 1 88-c. i77 1 RESOLUTION NO. 708 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT, 3 ACCEPTING A GRANT DEED 4 WHEREAS, Upland Industries Corporation, a Nebraska 5 corporation, have submitted a Grant Deed conveying an easement to 6 the Carlsbad Municipal Water District for waterline purposes over 7 a portion of Lot 30, Carlsbad Research Center Unit 2, CMWD 8 Project No. 88-C-277; and 9 WHEREAS, the Board of Directors of the Carlsbad 10 Municipal Water District has determined it to be in the public 11 interest to accept said Deed; 12 NOW THEREFORE, BE IT RESOLVED by the Board of Directors 13 of the Carlsbad Municipal Water District as follows: 14 15 16 17 18 19 20 1. That the above recitations are true and correct. 2. That the Grant Deed for Upland Industries Corporation dated December 27, 1990, conveying an easement for water line purposes over a portion of Lot 30, Carlsbad Research Center Unit 2, CMWD Project No. 88-C-277 which is on file with the Carlsbad Municipal Water District and is incorporated herein by reference, is accepted. 21 //I 22 /I/ 23 //I 25 “’ 26 “’ 27 //’ I 3 I I. 1 2 4 : E 1C 19 20 21 22 23 24 25 26 27 28 -4 3. That the Secretary of the Board is authorized to cause the original Deed to be recorded in the office of the 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 22 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: Z, Secretary KAREN R. KUNDTZ, Assistant Secretary (SEAL) CMWD 88-C-277 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 _- PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]). .i ‘i” L;, “L’ RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 Assessor's Parcel No. 212-070-14 I’ i Project Name & No. Lot 30, Carlsbad Research Center Unit 2 ‘ CMWD Project No. 88-C-277 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL Z, Secretary KAREN R. KUNDTZ, Assistant Secretary EASEMENT UPLAND INDUSTRIES CORPORATION, a Nebraska corporation, 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 1 revised 12/13/90 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 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 and devices; provided, however, that Grantee's use shall not unreasonably obstruct or interfere with the current use of a portion of the easement area as a driveway and parking lot. 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. Except for any use granted under any pre-existing and recorded easements or covenants, conditions and restrictions and the right of Grantor to use the easement area for landscaping, a driveway and parking lot together with the right to maintain, repair and replace any existing landscaping or parking and driveway improvements, the uses described herein shall be exclusive to the Grantee. Grantor .a herein agrees that no buildings'and/or structures will be erected, walls constructed, fences built nor trees planted, nor, except for any use granted under any pre-existing and recorded easements or covenants, conditions and restrictions and the right of Grantor to use the easement area for landscaping, a driveway and a parking lot together with the right to maintain, repair and replace any existing landscaping or parking and driveway improvements, 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. 2 revised 12/13/90 1 2 3 4 5 6 7 8 9 10 11 12 13 i4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2348 LOCATION OF THE EASEMENT: The easement granted herein shall be located within an upon the properties 'more particularly described in Exhibit rlA1t and Exhibit vrBtl attached hereto and by this reference made a part hereof. UPLAND INDUSTRIES-CORPORATION, a Dated ! -.l /i (' . . ..::,A /,G,G>) , UAssistant Secretary (Attach Notary Acknowledgment) CMWD 88-c-277 revised 12/13/90 2349 Notary acknowledgment for Lot 30, C.R.C. Unit 2 State of :,A. fl A/4: / '-8,‘ I County of I?;'. -.. H: I~. On this 7; day of !,:. r .._ A;. ,- , the unders+gned, in the year 1990, before me a notary public in and for said state, personally appeared .I ;‘-~ ,‘-yj / ,i , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. c State of ; 'J-3 ,'. , _J1 County of ',. I .., Y. I' On j-his “:'f/' day of f the undersigned, in the year 1990, before me appeared ,. ,I' a notary.'public in and for said state, personall; ,I, '1. ' ; . personally known to me (or proved to me on the basis of satisfactory e;idence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. I... . ‘/. (Signature.of Gotar,)' i (Seal of Notary) CMWD 88-c-277 4 . . . :. . -. * ‘_ :- 2350 CERTIFICATE OF ACCEPTABILITY This is to certify that the interest in real property conveyed by the Deed dated December 27 I 1990, from UPLAND INDUSTRIES CORPORATION, a Nebraska corporation, 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 January 22, I 19991, and the Grantee consents to recordation thereof by its duly authorized officer. DATED January 22 , b 199 . CARLSBAD MUNICIPAL WATER DISTRICT By: , Secretary ater District KAREN R. KUNDTZ, Assistant Secretary CMWD 88-c-277 5 ‘. . . ’ . I _. . * 2351 EXHIBIT "A" LEGAL DESCRIPTION WATERLINE EASEMENT PO 32QGIG. NO. 294-9 ’ ’ P.R. : -47 APN 21~-070-14 A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FOOT ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES, ALL WITHIN LOT 30 OF CARLSBAD RESEARCH CENT&R IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 11134 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE CENTERLINES TfIEREOF DESCR.TBl:D AS FOLLOIJS: .PARCEL A COCICIENCING AT THE NORTHWEST CORNER OF SAID LOT 30 SAID POINT BEING ON TIIE ARC OF A 60 -00 FOOT RADIUS CURVE CONCAVE NORTffWESTERLY, A RADIAL l.JNE TO SAID POJ.NT BEARS NORTH 86’10’06,1 EAST; THENCE SOUTIIERLY ALONG TflR ARC OF SAID cunvs 2.81 FEET THROUGH A CENTRAL ANGLE 0F 02'4 1.1071~ To wir mu15 POINT OF BEGINNING; TffENCE NORTH 83" 28’59” EAST 11.00 FEET; TIJENCE SOUTH 06~31~01" EAST 22.00 FEET TO A POINT HEREINAFTER KNOWN AS POINT "B"; T\iENCE CONTINUING SOUTH 06"31'01" EAST 15.00 FEET TO A POINT HEREINAFI-ER KdOWN AS POINT "C"; THENCE NORTH 83'28'5gat EAST 177.00 FEET To A POINT HEREINAFTER KNOWN AS POINT "D"; THENCE SOUTH 10" 18'39" EAST 265.00 FEET; Tf1E;NCE NORTH 79" 41'21" EAST 20.00 FEET TO THE POINT OF TERMINUS. TffE SIDELINES OF SAID EASEMENT TO BE PROLONGATED OR SHORTENED AT ALL ANGLE POINTS AA'D TO BEGIN IN THE NORTHERLY LINE OF SAID LOT 30. PARCEL B BEGINNING AT THE AFORESAID POINT B; TflENCE NORTH 83'2P5g" EAST 24.00 FEET. PARCEL C BEGINNING AT THE AFORESAID POINT C; THENCE SOUTH 83' 2815gtt WEST lg.ofi FEET TO THE NORTHWESTERLY LINE OF SAID LOT 30. THE SIDELINES OF SAID EASEMENT TO BE PROLONGATED OR SflORTENED TO TERMINA1‘E WESTERLY IN SAID NORTHWESTERLY LINE. PARCEL D BEGINNING r\T THE AFORESAID POINT D; THENCE NORTf4 83’28’5g” EAST 118.liO FEE-f 1'0 THE EASTERLY LINE OF SAID LOT 30, SAID POINT LYING SOUTH 10'18'39" EAST, 39.90 FEET FRO)1 THE NORTHEAST CORNER OF LOT 30. TIiE SIDELINES OF SAID EASEI\IENT TO BE PROLONGATED OR SflORTENED TO TERMINATE EASTERLY IN SAID EASTERLY LINE. j: . . I , C.M.N.D. 0e- G.2??- z 2 .a :. -. , ‘> 2352 PL-?l/DWG. NO. 294-9 P.R. 3.5.47 RPN 212-070-14 PARCEL E BEGINNING AT THE AFORESAID POINT D; THENCE NORTH 10’18~39~~ wEsF 39.90 FEET TO THE NORTHERLY LINE OF SAID LOT 30, SAID POINT LYING SOUTH 83’28’59” WEST, 48.40 FEET FROM THE NORTHEAST CORNER OF LOT 30. THE SIDELINES OF SAID EASEMENT TO BE PROLONGATED OR SHORTENED TO TERMINATE NORTHERLY IN SAID NORTHERLY LINE. 12131 12-06-88 /LA 1.1 n 3. n r n-i-l . ,’ 1 \--‘\TER EASEME,NT PLAT: - _- : . iXHlBlT “B”, 2353 -. . . 111’ 1. ! I fin! CUR. \ V1CINI-rY MAP. NUT lo SCALE I_Q%“lo’~y 4v %Q- - - I 11.11 iJ3"'f MAP 1 J J 226.L 9 c24 1 (TY!) 7.50: I 7.50' '!,- I /I NO. I N DELTA RADIUS LENGTH Cl 06. i2’22’ 60.00’ 90.27’ I c2 02' 41' 07" 60.00’ 2.81 I I I. 1 !I I , I Ix, lb, * I” ’ 1-m I’ I.“, ‘k 1 - 12 lti I= 1% I 1 I I I ’ I I I 1 ’ I I ; ’ I I I 1 I ’ I I I 1 I I / i’_-; TIT L----J A.P.N. 212- 070- 14 A NO. BEARING OISTANCE Ti N79’41’2i’E 20.00’ T2 N83’28’59’E 19.04’ T3 N06’31’0l”W 15.00’ T4 N06’31’0i’W 22.00' TS N03’28’59’E 24.00 J6 N03'28'59"E 4.00' Jl N83'28' 59°C 48.40' J8 N!0'/8' 39-w 39.90' 1 N79’41’21’E 286.06’ r OMHER: UPLAtIU \NVU5TR\E5 CUXPOWT7ON PR 3.547 / PD 321 6.877 Vro~OO AVLWWO ti Omoa. CA %‘lZJ.1(47 fb197 718~SJ~