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Home My WebLink About1991-03-19; Municipal Water District; 094; Grant Deed for Water Line Purposes - CalaveraC-‘WD - AGENDA BIN TITLE: ACCEPTANCE OF GRANT DEED FOR WATER LINE PURPOSES VILLAGE Q, CALAVERA HILLS, CMWD PROJECT NO. 84-502 RECOMMENDED ACTION: -- Adopt Resolution No. 725 accepting a Grant Deed for water line purposes. Lyon/Copley Carlsbad Associates, L.P., developers of the subject, 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 north side of proposed Tamarack Avenue between proposed Cay Drive and proposed Harwich Drive. 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. EXHIBITS 1. Location Map. 2. A Grant Deed from Lyon/Copley Carlsbad, Associates, L.P. dated February 19, 1991. CMWD 84-502 3, i&so LLt, cl’*-/ no. c ?Q 5 LOCATION MAP AVE. *@” . . . ,,. ~~dv#R-19P1 03:23 FTI PLEASE RECORD THIS DOCUMENT AT . NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV, CODE [6103]) SA\j DiEb"u [ZUjT'f RE[@;pE;('~; fiFiI[E ;)#jETTE E!J#, COUfiTY ;E~@jH FEES: &()$ RECORDING 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. 168-040-24 Project Name & No. Calavera Hills, Village Q, C-T. 83-32/PUD 62 \ '-3 CMWD Project No. 84-502 : _I DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT Q. ALETHA L. RAUTENKRANZ, Secrdtary Board of Directors EASEMENT LYON/COPLEY CARLSBAD ASSOCIATES, L.P., 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 pipe1 ines, 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 and devises. 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 '#At1 and Exhibit sBl' attached hereto and by this reference made a part hereof. LYON/COPLEY CARLSBAD ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP, AS OWNER. BY LYON COMMUNITIES, INC., MANAGING GENERAL PARTNER: ASSISTANT SECRETARY _ VICE+RESIDENT STATE OF CALIFORNIA) SS. COUNTY OF SAN DIEGO) ON L-19 -9 I , BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED GARRY M. TARQUINIO AND ROBIN L. ADAMSON, PERSONALLY KNOWN TO ME +3l&PRWED TC ME-GN THE BASIS 3F v TX, IDE&GE+ TO BE THE VICE PRESIDENT AND ASSISTANT SECRETARY, RESPECTIVELY, OF LYON COMMUNITIES, INC., THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT, AND PERSONALLY KNOWN TO ME- VI? *Y VI -TO BE THE PERSONS WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION, SAID CORPORATION BEING PERSON- ALLY KNOWN TO ME G%PF4GVED T!2 ME-GN-THE B 3F SZ!JPISF?A TO BE THE MANAGING GENERAL PARTNER OF LYON/COPLEY CARLSBAD ASSOCIATES, L.P. SAID PARTNERSHIP BEING THE CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SAID CORPORATION EXE- CUTED THE WITHIN INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHIP EXECUTED THE SAME. WITNESS MY HAND AND OFFICIAL SEAL: CMWD 84-502 2 1833 CERTIFICATE OF ACCEPTABILITY This is to certify that the interest in real property conveyed by the Deed dated , 1991, from LYON/COPLEY CARLSBAD ASSOCIATES, L.P., 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 , 1991, and the Grantee consents to recordation thereof by its duly authorized officer. DATED JO , 1991 CARLSBAD MUNICIPAL WATER DISTRIST By: ALETBA L. RADTENKRANZ, Seclfetary Carlsbad Municipal Water District CMWD 84-502 1884 EXHIBIT WA" LEGAL DESCRIPTION ACCESS & WATER PIPELINE EASEMENT AN EASEMENT FOR INGRESS/EGRESS AND FOR THE INSTALLATION AND MAINTENANCE OF WATER PIPELINES AND APPURTENANCES OVER, UNDER, ALONG, AND ACROSS A PORTION OF LOT "D" OF THE RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF No. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT THE NORTHEASTERLY CORNER OF THE 493.70 ACRE PARCEL SHOWN ON RECORD OF SURVEY No. 9336, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 12, 1983, SAID POINT BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED THEREON AS "N.01°57'58"E. 610.78 FEET"; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL S.89Ol9'35"W. 2580.20 FEET (RECORD S 89O19'35"W . . 2580.31 FEET) TO AN ANGLE POINT THEREON; THENCE S 38O42'59"E . . 1,703.66 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 47.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS S.67O51'04"E. ; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25O11'04" AN ARC DISTANCE OF 20.66 FEET; THENCE RADIAL FROM EXHIBIT WA" - PAGE 1 OF 3 C.M.W.D. 84-502 , ’ 1835 SAID CURVE S.42°40'00"E. 1.00 FEET; THENCE CONTINUING S.42°40'00"E . 60.00 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHEASTERLY ALONG SAID. CURVE THROUGH A CENTRAL ANGLE OF 27O38'54" AN ARC DISTANCE OF 96.51 FEET TO AN INTERSECTION WITH THE EASTERLY SIDELINE OF THE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT PER DOCUMENT RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JANUARY 9, 1967, AS FILE/PAGE No. 2640, IN SERIES 8, BOOK 1967; THENCE NON-TANGENT FROM SAID CURVE ALONG SAID EASTERLY SIDELINE N.18O02'37'E. 13.57 FEET TO AN INTERSECTION WITH THE SOUTHERLY BOUNDARY OF THE PARCEL OF LAND GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT PER DOCUMENT RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON MAY 9, 1984, AS FILE/PAGE 84-186998; THENCE LEAVING SAID EASTERLY SIDELINE OF SAID EASEMENT ALONG SAID SOUTHERLY BOUNDARY S.83O44'43"W. 7.77 FEET TO A TANGENT CURVE, CONCAVE NORTHEASTERLY' HAVING A RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 74020'09" AN ARC DISTANCE OF 25.95 FEET TO A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 130.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS N.68O04'52'E. ; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06OO4'29" AN ARC DISTANCE OF 13.78 FEET TO A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 180.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS S.32O46'18'W. ; THENCE EXHIBIT 'IA" - PAGE 2 OF 3 C.M.W.D. 84-502 LEAVING SAID SOUTHERLY BOUNDARY NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14O33'42" AN ARC DISTANCE OF 45.75 FEET; THENCE TANGENT FROM SAID CURVE N.42°40'00"W. 64.37 FEET; THENCE CONTINUING N.42°40'00"W. 1.10 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ANY OF THE HEREINABOVE DESCRIBED PARCEL NOT VESTED IN THE GRANTOR. THIS PARCEL CONTAINS 2,713 SQUARE FEET, MORE OR LESS. John W. Hill, Jr. L.S. 5669 H&A San Diego 346-39 MA:ma wp:legal296 rev:6-15-90 EXHIBIT "AI' - PAGE 3 OF 3 C.M.W.D. 84-502 1887 - EXHIBIT “B”. PLAT FOR ACCESS AND WATER PIPELINE EASEMENT \ ZETA/L SCALE:iU=60’ ZGEND m /ND/CATEs EASEMEP/T 3. Nd3’44’43”E - 7: 77’ 4 d=/4*33W”te/6o’L=4d 75’ 5;N4Z040’#‘W- 6s. 47 t. A~tZ”45’ZZw~~3~‘i=Z~94’ I i: Ntd”OZ’37”‘E - 13.57’ 8. Nt33”44’43”E - 5590 ~.M.W.O. 84-502 MAP PREPARED BY: HUNSAKER d ASSOC.,S.D., INC. 10179 HUENNEKENS ST. SAN DIEGO, CA. 92121 * 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 725 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A GRANT DEED FOR VILLAGE Q, CALAVERA HILLS, CMWD PROJECT NO. 84-502 WHEREAS, LYON/COPLEY CARLSBAD ASSOCIATES, L.P., a California limited partnership, have submitted a Grant Deed conveying an easement to the Carlsbad Municipal Water District for waterline purposes over a portion of Lot trDtt of the Ranch0 Agua Hedionda, according to Map thereof No. 823, Village Q, Calavera Hills, CMWD Project No. 84-502; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it to be in the public interest to accept said Deed; 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 for Lyon/Copley Carlsbad Associates, L.P. dated February 19, 1991 conveying an easement for water line purposes over a portion of Lot II D” of the Ranch0 Hedionda, according to Map thereof 823 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 County /// /// /// /// /I/ . 3 PASSED, APPROVED AND ADOPTED at a special meeting of the 4 5 6 AYES: Board Members Lewis, Kulchin, Larson, Nygaard and Stanton 7 NOES : None ABSENT: None 8 9 10 11 12 13 14 15 36 17 18 19 20 21 22 23 24 25 26 27 28 - Recorder of San Diego County of California, with the appropriate Certificate of Acceptance attached. Carlsbad Municipal Water District held on the 19th day of March I 1991 by the following vote, to wit: ATTEST: ALETHA L. RAUTENKRANZ, Sec4etary (SEAL) CMWD 84-502