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Home My WebLink About1991-06-18; Municipal Water District; 111; Grant Deed for Water Line PurposesCARLSBAD I(Iv”!ICIPAL WATER DISTRICT - -“rENDA BILL ., AB# 111 ITITLE. .ACCEPTANC!E OF GRANT DEED FOR WATER MT& 6-i 6 -9 / LINE PURPOSES FOR UPPER DECK, SEA OTTER tiNG DEPT. ’ PLACE, LOTS 26 & 27, MAP 10372, C.T. 74-21 CMWD PROJECT NO. 90-C-358 RECOMMENDED ACTION: Adopt Resolution No. 738 accepting a Grant Deed for water line purposes. ITEM EXPLANATION: Carlsbad Partners, 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 north end of Sea Otter Place north of Loker Avenue East. 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 Partners dated May 28, 1991. 3. Resolution No. 738 accepting a Grant Deed for water line purposes. CMWD 90-C-358 * > . ’ b - I 1. . I ‘_ --LOCATION MA> * qr : g!r .aJ !I .LlJ : .- ‘“I 3, .2 . z I $> : MAP NO. 10372 \ \ ; 2s . \ 3, * : LOT 27 &\I : /Ge: I . +” A= 88’14’37” V + 3’ E R = 60.00’ P L = 92.41’ r/;r “3 - // I/ \ 3. CARLSBAD TRACT NOi ‘, 74-21 i VICINITY MAP NO SCALE / THE AUSTIN HANSEN GROUP 10035 BARNES CANYON ROAD SAN DIEGO, CALIFORNIA 92121 (619) 552-1010 EXHIBIT "C" CMWD 90-C-358 z f 1 1339 SQtj cIEEi j-g#TY f&CORDER’s eFf;[E 1 PLEASE RECORD THIS DOCUMENT AT 1 #jiE'fTE EC;fNy XildHTY RECORDER NO FEE AS IT IS TO THE BENEFIT 1 FEES: 0, @j 2 II OF THIS DISTRICT (GOV. CODE [6103]) j 1 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: 1 Carlsbad Municipal Water District ) Engineering Department 1 '. / 5950 El Camino Real Assessor's Parcel CUMENTARY T SBAD MUNICI TRICT, a Public , assigns, an easement. 21 Purpose: The easement granted herein shall be granted 22 for the following purposes: the construction, operation, repair, 23 reconstruction and all activities reasonably necessary to 24 construct, reconstruct, operate, maintain and repair facilities 25 designed for the general purpose of collecting, storing, 26 transporting, pumping and treating all water, including surface 27 water, stream water, flood water and ground water flowing into said 28 facilities, and all natural and artificial drainage ditches and 1 5/24/91 REV. 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 forms of damag facilities, fenc alarms, lights, and all ot s and devic use shall also inclu nd from said reconstructi uses descr 11 be exe Grantee. will be ere nor may the entity, incl /// /// /// /// /I/ /// /I/ I// 5/24/91 REV. 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 1341 LOCATION OF THE EASEMENT: I The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "AlI and Exhibit @'B" attached hereto and by this reference made a part hereof. ted bv the GRANTOR this NERS, a California B; (title of signatory) APPROVED AS TO VINCENT F. BION ; (Notarial acknowledgment of execution by GRANTOR must be attached.) CMWD 90-C-358 5/24/91 REV. h 1342 CERTIFICATE OF NOTARY PUBLIC State of California) County of Orange ; Comes now a- r/7 -zkJ~~~ I of California, and states that* a Notary Public for the State knows Richard P. McWilliam personally, and states, further, thatJ&#!? witnessed Richard P. McWilliam execute with his own hand the document to which Certificate is attached, and that said signature is the true and correct signature of Richard P. McWilliam. / mafy Public . ’ . 1343 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Deed dated Mav 28 I 19-L from CARLSBAD PARTNERS, a California General Partnership I 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 19 91 I and the Grantee consents to recordation thereof by its duly authorized officer. DATED: June 19 , 19%. CARLSBAD MUNICIPAL WATER DISTRICT By: Board of Directors CMWD 90-C-358 % - . * SHEET 1 OF 3 SHEETS ,^ ’ I 1344 EXHIBIT “A” BEING A STRIP OF LAND ENTIRELY WITHIN LOTS 26 AND 27, INCLUSIVE, OF CARLSBAD TRACT NO. 74-21 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 10372 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 13, 1982, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND WHICH IS 15.00 FEET IN WIDTH LYING 7.5 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST EASTERLY CORNER OF SAID LOT 27; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 27 SOUTH 58”13’12” WEST 781.08 FEET TO A POINT ON THE RIGHT-OF-WAY LINE OF SEA OTTER PLACE, A PUBLIC STREET, AS SHOWN ON SAID MAP NO. 10372, SAID POINT BEING ON A 60 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 58’13’12” EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 68”59’50” AN ARC DISTANCE OF 72.25 FEET TO A SUBSEQUENT POINT ON THE RIGHT-OF-WAY LINE OF SEA OTTER PLACE, A RADIAL LINE TO SAID POINT BEARS NORTH 10”46’38”WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE AND CONTINUING ALONG SAID CENTERLINE NORTH 22’18’59” WEST 36.86 FEET; THENCE NORTH 70”11’03” EAST 68.57 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A”; THENCE CONTINUING NORTH 70’11’ 03” EAST 191 .Ol FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “B”; THENCE CONTINUING NORTH 70’11’ 03” EAST 47.75 FEET; THENCE NORTH 03’56’13”WEST 29.37 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “C”; THENCE CONTINUING NORTH 03’56’13”WEST 278.64 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “D”; THENCE CONTINUING NORTH 03’56’13”WEST 16.33 FEET; THENCE NORTH 48’56’13”WEST 30.80 FEET; THENCE SOUTH 86’03’47” WEST 211.06 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “E”; THENCE CONTINUING SOUTH 86’03’47” WEST 45.83 TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 100.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16” 50’51’ AN ARC DISTANCE OF 29.40 FEET; THENCE NORTH 77” 05’22” WEST 71.82 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT ‘IF”; THENCE CONTINUING NORTH 77” 05’ 22” WEST 23.09 FEET TO THE BEGINNING OF C.M.W.D. 90-C-358 - ,I ’ SHEET 2 OF 3 SHEETS * . 1345 A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 100.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33’26’31” AN ARC DISTANCE OF 58.37 FEET; THENCE SOUTH 69’28’07” WEST 19.79 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “G”; THENCE CONTINUING SOUTH 69’28’07” WEST 77.42 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 100.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16’35’40” AN ARC DISTANCE OF 28.96 FEET; THENCE SOUTH 86’03’47” WEST 25.13 FEET; THENCE SOUTH 41 OO3’47’ WEST 11.83 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 390.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07’14’39” AN ARC DISTANCE OF 49.31 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “H”; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45’19’28” AN ARC DISTANCE OF 308.51 FEET; THENCE TANGENT TO SAID CURVE SOUTH 1i030’20” EAST 39.89 .FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “I”; THENCE CONTINUING SOUTH 11°30’20” EAST 66.23 FEET; THENCE SOUTH 79°00’20” EAST 53.19 FEET; THENCE NORTH 55’59’40” EAST 54.30 FEET; THENCE SOUTH 79’00’20” EAST 110.68 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “J”; THENCE CONTINUING SOUTH 79”00’20” EAST 128.73 FEET; THENCE SOUTH 34°00’20” EAST 47.87 FEET; THENCE NORTH 67*41’01”EAST 18.51 FEET TO A POINT ON THE RIGHT-OF-WAY OF SEA OTTER PLACE, SAID POINT BEING ON A 60.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 86’19’51” WEST. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND ARE TO BE LENGTHENED OR SHORTENED TO MEET AT ALL ANGLE POINTS AND TO TERMINATE AT THE RIGHT-OF-WAY LINE OF SAID SEA OTTER PLACE. ALSO STRIPS OF LAND 15.00 FEET IN WIDTH LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT THE AFOREMENTIONED POINT “A”; THENCE SOUTH 19’48’57” EAST 70.00 FEET TO A POINT OF TERMINUS. BEGINNING AT THE AFOREMENTIONED POINT “B”; THENCE SOUTH 31’46’48” EAST 38.57 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 27. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND ARE TO BE LENGTHENED OR SHORTENED TO MEET AT ALL ANGLE POINTS AND TO TERMINATE AT THE SOUTHEASTERLY LINE OF LOT 27. ALSO SiRlPS OF LAND 10.00 FEET IN WIDTH LYING 5.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT THE AFOREMENTIONED POINT “C”; THENCE NORTH C.M.W.D. 90-C-358 ’ ’ . SHEET 3 OF 3 SHEETS 1346 *. 86’03’47” EAST 26.00 FEET TO A POINT OF TERMINUS. BEGINNING AT THE AFOREMENTIONED POINT “D”; THENCE NORTH 86OO3’47” EAST 26.00 FEET TO A POINT OF TERMINUS. BEGINNING AT THE AFOREMENTIONED POINT ‘IF”; THENCE SOUTH 12O54’38“ WEST 19.00 FEET TO A POINT OF TERMINUS. BEGINNING AT THE AFOREMENTIONED POINT “H”; THENCE NORTH 56’10’52” WEST 22.50 FEET TO A POINT OF TERMINUS. THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP OF LAND ARE TO BE LENGTHENED TO TERMINATE IN THE WESTERLY LINE OF THAT PORTION OF THE PREVIOUSLY DESCRIBED 15.00 FOOT WIDE STRIP OF LAND HAVING A CENTERLINE RADIUS OF 390.00 FEET. BEGINNING AT THE AFOREMENTIONED POINT “I”; THENCE SOUTH 78’29’40” WEST 22.50 FEET TO A POINT OF TERMINUS. ALSO STRIPS OF LAND 30.00 FEET IN WIDTH LYING 15.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: BEGINNING AT THE AFOREMENTIONED POINT “E”; THENCE NORTH 03’56’13” WEST 12.50 FEET TO A POINT OF TERMINUS. BEGINNING AT THE AFOREMENTIONED POINT “G”; THENCE SOUTH 20’31’53” EAST 16.50 FEET TO A POINT OF TERMINUS. ALSO A STRIP OF LAND 20.00 FEET IN WIDTH LYING 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED POINT “J”; THENCE NORTH 10*59’40” EAST 71.50 FEET TO A POINT OF TERMINUS. C.M.W.D. 90-C-358 ” . PT. "D" I -PT. "F" \ PT. "E" JLl= J 6'50'5 I" -I R- = ~~~,OO’ i I i\ iii =I I I IL = 29.40’ 3 I %I I - 1 I 21 I II I I CARLSBAD TRACT NO. 74-21 MAP NO. 10372 LOT 27 4 Ifi I I 12 I I$ --I ‘750' kr -I 7.5'0' 3 I 15.00' = 60' NOTE: EASEMENT DIMENSIONS SHOWN HEREON ARE CENTERLINE DIMENSIONS. CURVE 1 A= 68'59'50" R = 60.00' L = 72.25' CORNER SHEET 1 OF 2 ” \,\Ls1_-,,, R-"'W- THE AUSTIN HANSEN GROUP 10035 BARNES CANYON ROAD SAN DIEGO, CALIFORNIA 92121 (619) 552-1010 CMWD 90-C-358 I PT. CARLSBAD I I -4 I I ’ I 1 1 I \ I ~ NOTE: EASEMENT DIMENSIONS SHOWN \ “6, ‘?+ ., I r I z HEREON ARE CENTERLINE DIMENSIONS. \ MAP NO. 10372 \ R s l00.00’ L = 29,40’ t f SCALE I- W W I 1 m W z5 w 9 I/) .ln I = 60’ E THE AUSTIN HANSEN GROUP 10035 BARNES CANYON ROAD SAN DIEGO, CALIFORNIA 92121 (619) 552-1010 SHEET 2 OF 2 CMWD 90-C-358 ~ 6q*&*- / / ‘.I , 7, ,.- L . c . . i . ,........ . .._____ _- LOCATION MAP 1349 N 87-41’58” E 697 56’ 1-e -o-. v Rh ,....._,...._..., \ $1 : $1 .Q) .LLl : .- :zI . .?I .s . I CARLSBAD TRACT NO; \ 74-21 ct M:AP NO. 10372 ‘1 ‘I : /-, . \ II : /$ ‘?- * : LOT27 .\, . ‘,0’* CURVE Cl \\ L%\ A = 88’14’37” R = 60.00’ Y L = 92.41’ VICINITY MAP NO SCALE THE AUSTIN HANSEN GROUP 10035 BARNES CANYON ROAD SAN DIEGO, CALIFORNIA 92121 (619) 552-l 010 EXHIBIT "C" CMWD 90-C-358 : 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- RESOLUTION NO. 738 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT ACCEPTING A GRANT DEED FOR UPPER DECK, SEA OTTER PLACE, LOTS 26 & 27, MAP 10372, C.T. 74-21, CMWD PROJECT NO. 90-C-358 ~ WHEREAS, CARLSBAD PARTNERS, a California General ~ Partnership, have submitted a, Grant Deed conveying an easement to the Carlsbad Municipal Water District for waterline purposes over a portion of Lots 26 and 27, Map 10372, Carslbad Tract 74-21, Upper Deck, Sea Otter Place, CMWD Project No. 90-C-358; 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 Partners, dated May 2% 1991, conveying an easement for water line purposes over a portion of Lots 26 and 27, Map 10372, Carlsbad Tract 74-21, Upper Deck, Sea Otter Place, CMWD Project No. 90-C-358, 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// * . J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3.6 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. PASSED, APPROVED AND ADOPTED at a special 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: .&/)A ALETHA L. RAUTENKRANZ, Secretary (SEAL) CMWD 90-C-358 2