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Home My WebLink About1991-09-03; Municipal Water District; 126; Grant Deed Village Q Calavera HillsP z 0 I- o - a 6 2 3 0 0 CARLSBAD MWICIPAL WATER DISTRICT - giENDA BILL AB # la6 TITLE: DEPT. ACCEPTANCE OF GRANT DEED FOR RECLAIMED C~TYA WATER PUMP STATION PURPOSES VILLAGE Q MTG.7- 3-?( DEPT. ENC- CALAVERA HILLS, CMWD PROJECT NO. 84-502 ClTYM RECOMMENDED ACTION: Adopt Resolution No. 153 accepting a Grant Deed for recl water pump station. ITEM EXPLANATION: Lyon/Copley Associates, L.P., developers of the subject prc have granted an easement as directed in the attached docur The easement is granted to the District for maintenanc operation of the reclaimed water pump station to the prc The subject project is located on south west corner of prc College Boulevard and proposed Tamarack Avenue. The Engineering Staff has reviewed the Grant Deed and fj satisfactory for its intended purposes. FISCAL IMPACT: Requiring dedications as a condition of water t improvements will save the District expenses in future ea! acquisitions. EXHIBITS : 1. Location Map. 2. A Grant Deed from Lyon/Copley Associates dated Augi 1991. 3. Resolution No. 953 accepting a Grant Deed for rec. water pump station purposes. CMWD 84-502 PROJECT NUMBER PROJECT NAME: C. T 83 - 32 CALAV€RAh//CLS - V/LLAG€ "Q " I 1 2 3 4 5 0 0 1 I PLEASE RECORD THIS DOCUMENT AT OF THIS DISTRICT (GOV. CODE [6103]) ) RECORDING REQUESTED BY AND NU FEE AS IT IS TO THE BENEFIT 1 1 Aletha L. Rautenkranz, Secretary ) CARLSBAD MUNICIPAL WATER DISTRICT 1 WHEN RECORDED, PLEASE MAIL TO: l.200 Carlsbad Village Dr. 20 21 22 23 24 25 26 27 28 assigns, an easement. Purpose: The easement granted herein shall be for the following purposes: the construction, operation, reconstruction and all activities necessary to con reconstruct, operate, maintain and repair facilities desig the general purpose of collecting, storing, transporting, and treating all water, including surface water, stream flood water and ground water flowing into said facilities, natural and artificial drainage ditches and structures of ar 1 3/14/ 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 a 0 whether above or below the surface of the ground. Said facility may include pipelines, pumping faci structures designed to control the flow of water and all fac and structures associated with said use which are desic_ facilitate the use and protect the facility from natural an( forms of damage including, but limited to, erosion ( facilities, fences, gates, doors, locking devices, alarms, I and all other protective facilities and devices. The USE also in eans of access to and from said facility j purpose of nstructing, operating, repairing, mainti inspect constructing said facility. s described herein shall be exclusive . Grantee tor herein agrees that no buildings and/or strl will be erected, walls constructed, fences built nor trees pl nor may the easement be used by th Grantor or any other pel entity, including other utilities, whether public or privat uses whether compatible or incompatib with the uses des herein without the express written approval of the Grantee. /// /// /// /// /// /// /// /// /// /// 2 3/1#/9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 e 0 LOCATION OF THE EASEMENT: The easement granted herein shall be located wit€- upon the properties more particularly described in Exhibit 1 Exhibit llB1l attached hereto and by this reference made hereof. ‘ Executed by the GRANTOR AY LHJT ?Iur day of 19y(. GRANTOR : LYON/COPLEY CARL ASSOCIATES, L.P., a California limi y: LYON CCMMUNITIES, INC., Managi name of grantor: partnership, as her: General Partner: 44 1 I (sign here) .” (title of signatc ’\. \ APPROVED AS TO FORM: 0 0 ACKNOWLEDGEMENT - C.M.W.D. 84-502 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. n i ON , BEFORE ME, THE UNDERSIGNED, A NOTAR PUBLIC IN hD FOR SAID STATE, PERSONALLY APPEARED GARRY M TARQUINIO AND ROBIN L. ADAMSON, PERSONALLY KNOWN TO ME TO BE TH VICE PRESIDENT AND ASSISTANT SECRETARY, RESPECTIVELY, OF LYO COMMUNITIES, INC., THE CORPORATION THAT EXECUTED THE WITHI INSTRUMENT, AND PERSONALLY KNOWN TO ME TO BE THE PERSONS WI- EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION, SA1 CORPORATION BEING PERSONALLY KNOWN TO ME TO BE THE MANAGING GENERF PARTNER OF LYON/COPLEY CARLSBAD ASSOCIATES, L.P., SAID PARTNERSHI BEING THE CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WITHI INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SAID CORPORATION EXECUTE THE WITHIN INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHI EXECUTED THE SAME. (,{,,:L\Lq 7 I \.cp’\ i WITNESS MY HAND AND OFFICIAL SEAL: ^k 4 ,*,x, (-J \Li)-; iCL1LLYA ,’ - 0 0 EXBI B I T IrArr LEGAL DESCRIPTION FOR WATER EASEMENT ALL THAT PORTION OF LOT "D" OF THE RANCHO 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 FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THE 493.70 ACRE PARCEL SHOWN ON RECORD OF SURVEY No. 9336, FILED IN THE OFFICE OF THE COU"TY RECORDER OF SAID COUNTY ON MAY 12, 1983, SAID POINT BEINC THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED THEREON AS IINORTH 01°5715811 EAST 610.78 FEET"; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL SOUTH 89O19'35" WEST 2,580.2 FEET (RECORD SOUTH 89O19'35" WEST 2,580.31 FEET) TO AN ANGLI POINT THEREON; SOUTH 10°27'01" WEST 1,899.00 FEET TO THE TRUE POINT OF BEGINNING, CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,399.00 FEET, THENCE LEAVING SAID NORTHERLY BOUNDARY SAID POINT BEING THE BEGINNING OF A NON-TANGENT RADIAL LINE OF SAID CURVE THROUGH SAID POINT BEARS SOUTH 53O51'30" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0l00Ol53" AN ARC DISTANCE OF 24.78 FEET; THENCE RADIAL FROM SAID CURVE NORTH 52O5Ot37I1 WEST 9.6 FEET; THENCE SOUTH 38°2214011 WEST 24.75 FEET; THENCE EXHIBIT "A" - PAGE 1 OF 2 e NORTH 13"11'00~ WEST 95.25 FEET; THENCE NORTH 76°49t00" EAST 25.50 FEET; THENCE NORTH 13°11t00tt WEST 19.00 FEET; THENCE SOUTH 57°05t39t1 EAST 27.40 FEET; THENCE SOUTH 13°11t00'g EAST 70.60 FEET TO THE TRUE POINT OF BEGINNING. THIS PARCEL CONTAINS 3,891 SQUARE FEET, MORE OR LESS. & w/&% JOHN W. HILL, Jr. L.S. 5669 H&A San Diego 346-39 MA:ma wp: legal321 rev:6/20/91 EXHIBIT "A" - PAGE 2 OF 2 ,-.- . EXHIBIT “B” PLAT FOR WATER EASEMENT I I I PdRTH? Of 8DflflfldfY YIP r7-7 ,, ,, f -7 7- f /)-I- ;i;;:; r-L’k,/ /‘,,L/ 5,F- LC / .rf/ / r-r)?n A fr?d ,z+ ’f 9 /! $d,&4 .*/c-’ u r (2 I LLff’I fl */I /-> y *- ‘> . 2 L--‘L- / llrl r- ‘ rsl2=xfm/L ,BELd? 4 % 3 < ? 8 kl I 1 L€G€N,: E45FMEfl7fl4fCLL BF/MG GR&n UOTE.’ 7H€ PQ B, AS 5HQNN ff0QV4 /5 TH& NZ Y: TEfAfZUS OF JUAT G&PlT424I Cb9U;f;FE ~L~sL3i3€0,-cJ” w/ “579g”E -t5/d?fl I-- Kg //fl/C47E3 Lz?7-A/L NU :?‘A/_E “ L.S. 56G9 . EX? : 9/*30/3 1 PlAP PREPi\F?SD BY: HUbISAKER 8, ASSUC. p S . D. * I NC , I 0 1 ?9 HllENNEKENS ST. \, I.., 8 /J SAN DIEGCI, CALIFORbIIA 32121 \:..e-. $57 e( __-._... . ... ..* _r__l.______ , ,.._.. C.M.W.D. 84*-502 ...,. _l____-_..-.- U__I---”-”------.-- -- . 0 e LOCATION MAP r 5 [TE LOCATION AV€- C.M.W.rJ. 8 4- 502 PROJECT NAME : C, T 83 - 32 CALAV€'EAMLLS - V/LLAGE "Q " UOT 78 SCALE PROJECT I NUMBER e e Calavera Hills, Village Q C.T. 83-32fPUD 62, CMD Project No. 84-502 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyt by the Deed dated ~ /ff&S= 7 , 19%~ from I,YON/COPLE Y ASSK IATES. L.P., a California limited partnership as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Watt District Act of 1911, as amended, is hereby accepted by order ( the Board of Directors of the Carlsbad Municipal Water District ( September 3 , 19 91 , and the Grantee consents 1 recordation thereof by its duly authorized officer. DATED: September 4 , 19%. CARLSBAD MUNICIPAL WATER DISTRICT By: ddxk&le. e- ALETHA L. RAUTENKRANZ, Secreka Board of Directors CMWD - L s 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 a 0 RESOLUTION NO. 753 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. California limited partnership, have submitted a Granl conveying an easement to the Carlsbad Municipal Water Distr: reclaimed water pump station purposes over a portion of Lot the Rancho Agua Hedionda, according to Map thereof No. 823, T Q, Calavera Hills, CMWD Project No. 84-502; and WHEREAS, the Board of Directors of the Carlsbad Mur Water District has determined it to be in the public intei accept said Deed; NOW, THEREFOREI BE IT RESOLVED by the Board of Dii of the Carlsbad Municipal Water District as follows; 1. That the above recitations are true and cor] 2. That the Grant Deed for Lyon/Copley Cz Associates, L.P. dated August 7, 1991 conveying an easeme reclaimed water pump station over a portion of Lot rrD1t Rancho Hedionda, according to Map thereof 823 which is on fi. the Carlsbad Municipal Water District and is incorporated he reference, is accepted. 3. That the Secretary of the Board is authori cause the original Deed to be recorded in the office of the /// /// /// /// /// 1 4 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 a Recorder of San Diego County of California, with the apprc Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a special meeting Carlsbad Municipal Water District held on the 3rd ( September , 1991 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson, Stanton and I NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, Secrbtary aQ&L 4. Q- (SEAL) CMWD 84-502 2