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Home My WebLink About1991-06-18; Municipal Water District; 110; Grant Deed for Water Line Purposes-^- CARLSBAD 1 IICIPAL WATER DISTRICT - -- 3ENDA BILL AB # j ! 0 TITLE: ACCEPTANCE OF GRANT DEED FOR WATER MTG. b ;fG:-, / LINE PURPOSES CARLSBAD HIGH SCHOOL DEPT. PHASE I, CMWD PROJECT NO. 88-116 RECOMMENDED ACTION: Adopt Resolution No. 739 accepting a Grant Deed for water line purposes. Carlsbad Unified School District, as successors to Oceanside- Carlsbad Union School District of San Diego County, 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 west side of Monroe Street between Chestnut Avenue and Valley Street. 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 Carlsbad Unified School District, as successors to Oceanside-Carlsbad Union School District of San Diego County dated May 8, 1991. 3. Resolution No. 739 accepting a Grant Deed for water line purposes. CMWD 88-116 - -. -- . SITE VICINITY MAP H1 SCALE PROJECT NAME: CARLSBAD HIGH SCHUCIL PRCIJ, Nil, CMWD 88-116 EXHIBIT 1 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 26 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: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real I(( ".$b Carlsbad, California 920 ,,~. ,&q$Y$ " v:i.l a -- $,., ; "~&., "- " / 2: ;$.:@% i ,.. ! ,A .,f‘,l .)3 - "8 "s-= :) ,+- ~oI&&Q~~~~ “i:z;:, "%d& .f Assessor I s parc&'3#$~ Project Name t I@@,* _ ;ii7,:' Carl; -,: ,- &-:- &( Hiti"L&ho ', ; -':&&¶WD 88-11,6 0 i c:Ths :’ EASEMENT -* (!C ,, ‘,$$ ','$ -,- (’ z CARLSBAD UNIFIED &H&L D"T!X&T; A;B SUCCESSORS TO OCEANSIDE- ,% ?' (-'mLSBAD Ui&&)N"‘ ~~~~ DIST&+' ,-o;$ SAN -':@&JNTy does hereby 9 :-' ,, grant to CARLS "':+JNIcIPAti W&$&R DISTF&Z!& a Public Agency ";: ')(, .(O i organized in the S&& of Cat~~~~~~a,,its,,~~~cessbrs and assigns, :, ( , , 'i,' .; , , , "- , _ an easement. ! : ';; L*- ,; :,> _ ,, ') .--,.' ,a 2 l:i k ,,>'~>.. i(i, _" '(' 7, ! i I i ( : " ,3' ,,' ,:,. L '.'; i" / -,s :,‘,. "&,.!i,' ',; PURPOSE: The eas'ement granted herein svhhll be granted for the following purposes: the c&st&zction, 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, 1 revised 10/19/90 c . ’ . I r J’ 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 26 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 not limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, c ,S" .,, & ;- :" i .,< 2,, : ,, and all other such prot#&ive f&&g!'&ies and devises. The use ._li .,; &!.~- 4 a'., '! ':_',.. .A! _S." "' 2." A;,$', _ + ,<j $1 ?;v,, shall also inclu~~~~~~~~~eans'~;af ~ecc?&&s.~& an4@~$~ said facility for ,i !I .lrs, 1, sJmc.--.,'m.:"'r" . the purpose of $&$&t’&&ing, operating, maintaining, 0, 0 constructing s&d facility. ,t 1:' , -T ;' , .' . . cribed herein shall be exclusiv&.&‘the Grantee. Grantor hereinagrees that no building and/or structures will be .,a i ,( "ba&s constructed, fences bu&lt nor trees n% -be used by the Grantor ok lany other pe s, including other utilitges, wh&M& dubiic or private, for uses whether co&&ia$ ';'&& incom&&$$&~~ith t&q 1. '--A'-;" described herein ,_ -,/ ‘, without the'exp 2 p'>' f', L jil ritten ~~~~~1 of the&&tee. , ,- ,' )',? 0 ,, "0,)' I// ;‘ '--:,' “'S ; ,-,,' .:,I c '_ c,.L'c.- .., :' .r --ai“;d :> *-,- ;' "' ,,') j q-y .,c iib ,' -, a _q .,,' (: “ :J:~ ‘TV (( ; ;'_(,, ? "i":! ; j i : -,'- 1 , ,I : ;- _ )'.. J; ), /// p::: ', _A. ._- ,: l'c;~ .i v_ ;~ ., ,a": ,' )( _i ,%, ,-, ." ‘, : - _ i ,: ,:'j " i " : i_ ,a ..,z,,i .y .-,(".>. ( ; "i ,:,: )' _( ('/, _( . /// /// ((( 8,' /I/ /// /// /// /// I// I// I// revised 10/19/90 -- - . . 1352 , -.’ ’ b’ 1 LOCATION OF THE EASEMENT: The easement granted herein shall 2 be located within and upon the properties more particularly 3 described in Exhibit "Afl and Exhibit "Bv' attached hereto and by 4 this reference made a part hereof. 5 6 CARLSBADUNIFIEBSCHOOL DISTRICT, AS OCEANSIDE-CARLSBAD r, ,, 7 Dated 6 -,' ,.,L_ 9 10 ' * 11 - , 12 (Attach N nowledgment) 1. , (' Ik &FT-' *Jv .bi( '.I -,, 88-116 "$$ i' 13 14 ,'* 15 16 *' 17 I 16 6 19 20 21 22 23 24 - , I 25 '- _ 26 27 26 revised 10/19/90 - . .t * STATE OF CALIFORNIA ) 1353 . ’ I 1 SS. , COUNTY OF SAN DIEGO ) , .z On May 8 19 91, before me, for said State, personilly?ppeared the undersigned, a Notary Public in and i MARK PACKARD , personally known to me x proved to me on the basis of satisfactory evidence Clerk of the to be the Board of Trustees of Carlsbad Unified School District and known to me to be the person who executed the within instrument on behalf 0; said public corporation, agency, or political subdivision, and acknowledged to me that such public corporation, agency, or political subdivision executed the same. WITNESS my hand and official seal. Signature a&m, &fibd Anita M. Williams , .I I * ; I 1 I 1 e I STATE OF CALIFORNIA ) 1 ss. COUNTY OF SAN DIEGO ) On May 8 1991, before me, the undersigned, a Notary Public in and for said State, personilly?ppeared J. EDWARD SWITZER, JR. , x personally known to me - proved to me on the basis of satisfactory evidence President of the to be the of Carlsbad Unified School District and known to of Trwees be the person who executed the within instrument on behalf of said public corporation, agency, or political subdivision, and acknowledged to me that such public corporation, agency, or political subdivision executed the same. WITNESS my hand and official seal. , . Signature a N;14oL,m L- , Anita M. Williams Name( ’ . 1354 This is to certify that the interest in real property conveyed by the Deed dated May 8, , 1991, from Carlsbad Unified School District, as Successors to Oceanside- Carlsbad Union High School District of San Diego County, 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 June 18 I 1991, and the grantee consents to recordation thereof by its duly authorized officer. Dated June 19 , 1991. CARLSBAD MUNICIPAL WATER DISTRICT By: a>& ALETw4 L. RAUTENKRANZ, Secdetary CMWD 88-116 4 revised 10/19/90 F Page 1 of 2 EXHIBIT II A II 73 55 LEGAL DESCRIPTION All those portions of Tracts 248 and 249 of THUM LANDS, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915, described as follows: Being strips of land 15 foot in width, lying 7.5 feet on each side and parallel with the following described centerlines: Parcel 1: COMMENCING at the Southeast corner of said Tract 249; thence along the Northeasterly line of said Tracts 249 and 248, thence North 28O 37' 46" West, 1088.05 feet to the TRUE POINT OF BEGINNING: thence leaving said Northeasterly line, thence along said centerline, South 61° 22' 14" West, 324.00 feet to a POINT OF TERMINUS. ALSO Parcel 2: COMMENCING at the Southeast corner of said Tract 249; thence along the Northeasterly line of said Tract 249, thence North 28O 37/ 46" West, 857.42 feet to the TRUE POINT OF BEGINNING: thence leaving said Northeasterly line, thence along said centerline, South 61° 22' 14" West, 170.00 feet to a POINT OF TERMINUS. ALSO Parcel 3: COMMENCING at the Southeast corner of said Tract 249; thence along the Northeasterly line of said Tract 249, thence North 28' 37' 46" West, 547.92 feet to the TRUE POINT OF BEGINNING: thence leaving said Northeasterly line, thence along said centerline, south 61' 22' 14" West, 10.00 feet to a POINT OF TERMINUS. ALSO Parcel 4: COMMENCING at the Southwest corner of said Tract 249; thence along the Southerly line of said Tract 249, thence North 87O 58' 37" East 491.73 feet to the TRUE POINT OF BEGINNING: thence leaving said Southerly line, thence along said centerline, North 02O 01' 23" West, 25.00 feet; thence continuing along said centerline, South 87O 58' 37" West, 28.00 feet; thence continuing North 29' 09' 40" West, 110.00 feet: thence continuing North 36' 32' 00" West, 87.65 feet to a point hereinafter referred to as POINT ~'A11 ; thence continuing North 36' 32' 00" West, 77.72 feet: thence continuing South 53O28' 00" West, 18.50 feet to a POINT OF TERMINUS. C.M.W.D. 88-116 - Page 2 of 2 EXHIBIT 11 A 11 1356 LEGAL DESCRIPTION ALSO Parcel 5: BEGINNING at the hereinabove described POINT 'IA"; thence along said centerline North 53' 28' 00" East, 15.00 feet to a POINT OF TERMINUS. The sidelines of said 15.00 foot strips of land are to be lengthened and/or shortened at all angles to begin on said Southerly line of Tract 249. ALSO Parcel 6: COMMENCING at the Southwest corner of said Tract 249; thence along the Southwesterly line of said Tract 249, North 43' 25' 25" West, 24.50 feet to the TRUE POINT OF BEGINNING; thence leaving said Southwesterly line, thence along said centerline North 59' 27' 22" East, 129.50 feet: thence North 64O 38f 22" East, 290.05 feet to a POINT OF TERMINUS. The sidelines of said 15.00 foot strips of land are to be lengthened and/or shortened at all angles so as to terminate Southwesterly in said Southwesterly line of Tract 249 and Northeasterly in the Southwesterly sideline of hereinabove described Parcel 4. Parcel 1 contains 4860.00 square feet (0.11 acres) Parcel 2 contains 2550.00 square feet (0.06 acres) Parcel 3 contains 150.00 square feet (0.003 acres) Parcel 4 contains 5203.05 square feet (0.12 acres) Parcel 5 contains 112.50 square feet (0.003 acres) Parcel 6 contains 6178.55 square feet (0.14 acres) Subject to all easements, covenants, conditions and reservations record. .a- .--m-m Robert W. Sanford- R.C.E. 1 8405 My registration expires 6-30 -93 .---- of C.M.W.D. 88-116 I. 1 EXHIBIT ,lB” - PA’E1 bi2 J . \ ., 1357 LEGEND -rid !/h!d !&kb~~~ l'-77i INDICATES WATER - EASEMiNT TO- BE- ACQUIRED. PARCEL 3 q ’ $\ \ \ * 3m . P.O.B. - ---.- ---k \ ’ ‘\ ? “r\ 9. 4 S:%li:Ek ’ T6A;yD2:9 w, CHESTNUT AVENUE --* VICINITY MAP JN 10807A CARLSBAD MUNICIPAL WATER DISTRICT -I SHOLDERS & SANFORD, INC. Planning Englnawlng Surveying ’ WATER AND ACCESS EASEMENTS 9569 Fifth Avmm,Sen Dlepo.C.4 92103 (619) 299-7272 C.MW.D. 88-//6 / * . LI q ’ . 5 . EXHIBIT ‘B” PA& 2 OF 2 I * ’ . 1358 S53°28’OO”W 18.50'- f PARCEL 5 * 77.72' POINT “A’; PARCEL 5 T.P.O-8. \ &Riit -6- .- .- ‘;‘:3;.V” ’ 00 “E MgO;f; 0O”W /PARCEL 4 -\ \-PARCEL 6 N43’25’25’W CiESTNbT AiJENUE’ .P. P.O.B. PARCELS 4 AND 6 SW. CORNER TRACT 249 T.P.O.B. PARCEL 4 LEGEND L. ----urn lzzl INDICATES WATER EASEMENT TO BE ACQUIRED. lI!253 INDICATES ACCESS EASEMENT TO BE ACQUIRED. WATER AND ACCESS 92103 . -. RESOLUTION NO. 739 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A GRANT DEED FOR CARLSBAD HIGH SCHOOL PHASE I CMWD PROJECT NO. 88-116 WHEREAS, CARLSBAD UNIFIED SCHOOL DISTRICT, AS SUCCESSORS TO OCEANSIDE-CARLSBAD UNION SCHOOL DISTRICT OF SAN DIEGO COUNTY, a Public Agency organized in the State of California, has submitted a Grant Deed conveying an easement to the Carlsbad Municipal Water District for waterline purposes over all those portions of Tracts 248 and 249 of THUM LANDS, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1681 of Carlsbad High School Phase I, CMWD Project No. 88-116; 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 Carlsbad Unified School District, as successors to Oceanside-Carlsbad Union School District of San Diego County, dated May 8, 1991 conveying an easement for water line purposes over all those portions of Tracts 248 and 249 of THUM LANDS, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1681 of Carlsbad high School Phase I, CMWD Project No. 88-116, 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 1 I ,I I I , L 1 2 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ---- I /// /// /// Recorder of San Diego County of California, with the appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a meeting of the Carlsbad Municipal Water District held on the 18th day of June I 1991 by the following vote, to wit: AYES: Board MEmbers Lewis, Kulchin, Larson, Nygaard, and Stanton NOES: None ABSENT: None ATTEST: 1 ALETHA L. RAUTE (SEAL) CMWD 88-116 . 2