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Home My WebLink About1991-07-16; Municipal Water District; 117; Water Line Easement - Car Country Unit 2I ‘L , i >&, i( g- CARLSBAD Iv-YICIPAL WATER DISTRICl= - “GENDA BILL ’ a 2 a AB# 113 TITLE: APPROVAL OF A DEED CONVEYING A MTG. l&$3! ~ WATER LINE EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT ACROSS A PORTION DEPT. OF LOT 7, CAR COUNTRY UNIT 2, C.T. 87-2 RECOMMENDED ACTION: Adopt Resolution No. 746 approving grant of a deed conveying a water line easement to Carlsbad Municipal Water District across a portion of Lot 7, Car Country Unit 2, Carlsbad Tract 87-2. ITEM EXPLANATION: Chrysler Realty 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 east side of Car Country Drive south of Cannon Road. 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 Chrysler Realty Corporation dated June 21, 1991, for water line purposes. 3. Resolution No. 746 accepting a Grant Deed for water line purposes. CMWD 89-C-305 i-. . LOCATION MAP LOT 7, CAR COUNTRY UNIT 2, C.T. 87-3 -x- -**.u.m.%..* I. *,a _ . ” PLEASE RECORD THIS DOCUMENT AT 1 ~ NO FEE AS IT IS TO THE BENEFIT i OF THIS DISTRICT (GOV. CODE [6103]) ) RECORDING REQUESTED BY AND i WHEN RECORDED, PLEASE MAIL TO: City Clerk's Office ; City of Carlsbad ; 1200 Elm Avenue -..- @---) ""-, Carlsbad, q California 92008 + +.-- *. $ :*T. I, c I: :.).-* * /P - 1 I .> .m .<~yj..$;~, h $ ;-h?l ":"s +*, Space*'above this line for ., Recqrder!s use. ~:+ t ., . ,') ;. Assessorls Parcel Noi\ 211-010-l? Proj ect Naye- &..--Nq+, Lot 7, Car Country Unit 2, ' 4 " a.l C.T. 87Si2,jCMWD Proiect No. 89-C-305 :- *f *,j ";j DOCUMENTARY TRANSFER ,je. TAX: None CARLSBAD MUNICIPAL ,.1 .' . EASEMENT - CHR&&&ALTY CORPORATION,- ' a Delaware Corporation, i t:‘ i I I e &‘ / R:c' \.I ; : i _f : 1. ,,f I, i' .* does hereby graht- LSBAD-MUNICIPAL WATER DISTRICT, a Public ; _' 'L, Agency organized i State of California'; its successors and Fi .!q p: E‘j '* c, assigns, an easement. ' 3; i ,j I b 4, $ / ., ii : . 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, 1 3/14/91 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 1 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 and protect the facility from natural and other @<f("f _j _" --/I forms of damage including, erosion control &f?-+., b; ; but'*limited to, $ : ',Y ., tp,a ‘J '_ r( facilities, fences, gates,!doors, 'locking devices, alarms, lights, *., ,.el * t, ‘/' and all other protective facilittes and devices. The use shall Ir i ;r also include,"a .means of access,ztoLtand from said facility for the d .j purpose of ..'constructing, oierat+g, repairing, maintaining, i' inspecting and reconstructing said facility. ‘," t &Pa c f 8 >. The 'uses described herein"'shal1 be exclusive to the .s ‘k ~*- “:,a : 3 @ ;” ‘ .-. *;i Grantee. Grantor herein agree,s that no buildings and/or structures f '; k, * will be erected, walls constructed, fences built nor trees planted, . 'r? ‘s, ._ A... ,_ .*I 'c ,i .' nor may the 'easement be used by'the Grantor or any other person or * ;.,. $2 ‘~ ; entity, inciuding'other utilities, ‘. 4, ; whether public or private, for <( uses whether "compatible. or incompatible with the uses described /'a "h.,,. ' herein without &,+xpress,written approval of the Grantee. ,,- ' p ..‘ <, //I /// /// /// /// /// /// /// /// /// ‘L . h -, ‘r z n c $ t ‘” “T ‘; i !’ ” sI “4 : ,l ’ ,,i ! ; ; ‘1 2 3/14/91 REV. 1 LOCATION OF THE EASEMENT: 2 The easement granted herein shall be located within and 3 UPon the Properties more partiCUlarly described in Exhibit 1~A" and 4 Exhibit llB1v attached hereto and by this reference made a part 5 hereof. 6 7 8 '_ CHRYSLER REALTY CORPORATION, a 9 7 ." T_ y-,. ?‘-3s f" ._ 10 I 11 12 i 1 -,.p er_ 13 PRESIDENT 1, (title of signatory) 14 ‘, ” 15 :~ . (sign here) ,(title of signatory) ** '-, '7 ,k ._ '* )' rial acknowledgment execution by GRANTOR must be attached.) 21 CMWD 89-C-305 22 23 24 25 T. v. ~~CCOR~~~C~~ 26 Notzry public, Oakland CountY* With* My commission Expires Feb. 138 ‘g&3 27 28 3 3/14/91 REV. CERTIFICATE OF ACCEPTANCE . This is to certify that the interest in real property conveyed by the Deed dated June 21 , 1991, from CHRYSLER REALTY CORPORATION, a Delaware Cornoration 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 July 16 I 19 g1 , and the Grantee consents to recordation thereof by its duly authorized officer. DATED: July 17 ,192. * CARLSBAD MUNICIPAL WATER DISTRICT ALETHA L. RAUTENERANZ, SecreQky Board of Directors CMWD 89-C-305 POR. LOT 7, C.T. 87-3 MAP 12242 CMWD 89-C.305 . J.N. 106/88/00 . EXHIBIT & LEGAL DESCRIPTION: EASEMENT FOR WATER MAIN AND APPURTENANCES UNDER, OVER, ALONG AND ACROSS THAT PORTION OF LOT 7, ACCORDING TO MAP NO. 12242, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 28, 1988, DESCRIBED AS FOLLOWS: PARCEL A: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 7, SAID POINT BEING A POINT ALONG THE WESTERLY RIGHT-OF-WAY OF CAR COUNTRY DRIVE; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY, ALSO BEING THE NORTHEASTERLY LINE OF SAID LOT 7, SOUTH 22O29'22" EAST, 99.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHEASTERLY LINE OF LOT 7, SOUTH 22'=29'22" THENCE SOUTH 67"30'38" WEST, EAST, 10.00 FEET; 3.00 FEET; THENCE NORTH 22' 29'22" WEST, lO.GO FEET; THENCE NORTH 67O30'38" EAST, 3.00 FEET TO THE POINT OF BEGINNING. AREA OF DEDICATION, PARCEL A: 30.00 SQUARE FEET. 5fW --- ------------_------------- CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES: 12/31/93 WS/106-89 - A. LDi 7, CT 87-d : MAP 12242 C~WD eq--c30~ KCOR. LOT 7 .4 PI OF COMjd. CAR CDUNTR'( DNVE Lo-r’ MA F N CL KAUR AND A$NMLS 4401 MBNCLIWR jU!lL LNClNl’lhS, CA. 92074 (619) 632- 1941 ,. Lzl?&g sAt&& lh$D * CIIARlLS S. KANR, R.C.6.23907 DbG VICINITY MAP SW Q(H~g\T”~“ MR COUNiRV 107 tP 7 WAKR UK I-ASWNT WI INi -_. B - ..- _ . . . . .- I , I-. i LOCATION MAP ._ _... i....-..c*n_.h. . . I rr,mll. . ,a>.- \,, i :; ,4X” ’ ‘.I -i {T:;.’ ,,;+‘L p-. . ..) :. -: I .._r .,- ..I .+-I * : LOT 7, CAR COUNTRY UNIT 2, C.T. 87-$; I i CMWD PROJE.CT NO. 89-C-305 :; f, . . .,... _ .- . . 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 I RESOLUTION NO. 746 * RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT ACCEPTING A GRANT DEED ACROSS A PORTION OF LOT 7, CAR COUNTRY UNIT 2, CARLSBAD TRACT 87-2, CMWD PROJECT NO. 89-C-305 WHEREAS, CHRYSLER REALTY CORPORATION, a Delaware corporation, have submitted a Grant Deed conveying an easement to the Carlsbad Municipal Water District for waterline purposes ,over a portion of Lot 7, Car Country Unit 2, Carslbad Tract 87-2, CMWD Project No. 89-C-305; 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 Chrysler Realty Corporation, dated June 21, 1991, conveying an easement for water line purposes over a portion of Lot 7, Car Country Unit 2, Carlsbad Tract 87-2, CMWD Project No. 89-C-305, 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 /// \ /// /// /// /// /// 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 16th day of July I 1991, by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson, Nygaard and Sianton NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, Secretary (SEAL) CMWD 89-C-305