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Home My WebLink About1991-11-05; Municipal Water District; 132; ACCEPTANCE OF A GRANT DEED AND SUBORDINATION AGREEMENT FOR WATER LINE PURPOSES FOR LOT 1, CREEKSIDE, MAP 10061, C.T. 80-33, CMWD PROJECT NO. 90-C-339AB # J.?:5 TITLE: ACCEPTANCE OF A GRANT DEED AND MTG. ///$A?/ DEPT. C.T. 80-33, CMWD PROJECT NO. 90-(2-339 SUBORDINATION AGREEMENT FOR WATER LINE PURPOSES FOR LOT 1, CREEKSIDE, MAP 10061, c C - -- B LBb > 0 a= e e 4 z I- o < 0 6 8 z 3 ICIPAL WATER DISTRICT WENDA BILL w D CARLSBAD RECOMMENDED ACTION: Adopt Resolution No. 3 58 accepting a Grant Subordination Agreement for water line purposes. ITEM EXPLANATION Creekside Business Park, developers of the subject prc granted an easement as directed in the attached docum( easement is granted to the District for mainte operation of the water service to the project. € Costa, beneficiary of the subject project, has subordination agreement to agree that foreclosure enforcement of rights under said deed of trust shall said easement for Lot 1, Creekside, Map 10061, Carl 80-33, CMWD Project No. 90-C-339. The subject ] located on the south side of Camino Vida Roble east 01 Abeto. Engineering Staff has reviewed the Grant Deed and SUI Agreement and find both documents satisfactory intended purposes. FISCAL IMPACT Requiring dedications and subordination agreeme condition of water system improvements will save tt expenses in future easement acquisitions. EXHIBITS 1. Location Map. 2. A Grant Deed from Creekside Business Park dated 1991 and a Subordination Agreement from the Costa dated June 4, 1991. 3. Resolution No. 758 accepting a Grant DI Subordination Agreement for water line purposeE CMWD 90-C-339 e LOCATiON MAP I NO SCALE 1 CREEKSIDE BUSINESS PARK v L_ 4 -2- 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 e 1 PLEASE RECORD THIS DOCUMENT AT 1 NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) ) 1 1 RECORDING REQUESTED BY AND 1 WHEN RECORDED, PLEASE MAIL TO: 1 Carlsbad Municipal Water District ) ) Engineering Department 1 5950 El Camino Real 1 Carlsbad, California 92008 Space above this Recorder's use. Assessor's Parcel No. 213-061-13 Project Name C No. Creekside, Lot 1, Map No. 10061, Carlsbad Tract 80-33, C"D Project Nc DOCUMENTARY TRANSFE TAX: None CARLSBAD MUNICIPAL WATER DISTRICT Aletha L. Rautenkran! Board of Directors , EASEMENT CREEKSIDE BUSINESS PARK, a California General Partnersh does hereby grant to CARLSBAD MUNICIPAL WATER DISTRIC Agency organized in the State of California, its sua assigns, an easement. Purpose: The easement granted herein shall for the following purposes: reconstruction and all activities necessary to reconstruct, operate, maintain and repair facilities dc the general purpose of collecting, storing, transportir and treating all water, including surface water, str flood water and ground water flowing into said facilitic natural and artificial drainage ditches and structures o the construction, operatic 1 3/ 1 2 3 4 5 6 7 8 g 10 11 12 19 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 whether above or below the surface of the ground. Said facility may include pipelines, pumping structures designed to control the flow of water and all and structures associated with said use which are c facilitate the use and protect the facility from natura forms of damage including, but limited to, erosi facilities, fences, gates, doors, locking devices, alar and all other protective facilities and devices. Thc also include a ns of access to and from said fa& purpose of constructing, operating, repairing inspecti and reconstructing said facility. The uses described herein shall be exclus Grantee. Grantor herein agrees that no buildings and/or will be erected, walls constructed, fences built nor trc nor may the easement be used by the Grantor or any othc entity, including other utilities,,whether public or 1 uses whether compatible or incornpati h the use herein without the express written /// /// /// I// /// /// /// /// /// /// 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 GENERAL 0 0 LOCATION OF THE EASEMENT: The easement granted herein shall be located 1 upon the properties more particularly described in Exhib Exhibit ltBar attached hereto and by this reference ma hereof. Executed by the GRAN 14 day of October 1991. GRANTOR: CREEKSIDE BUSINESS PARK General Partnership (name of grar (sign hgre) /e' By: *p ne STFWRN R- RRTC-'-qS: CPnPZ ( itle of sic * (sign here ROEERT 0. BRIGGS, Gene1 (title of sic By: APPROVED AS TO FORM: T7T~.IlXTrn XI nTfi.\hTnh -rly ACKNOWLEDGMENT 0 0 90-10' 5/13/! EXHIBIT "A" LEGAL DESCRIPTION 15' WATER EASEMENT BEING A PORTION OF LOT 1 OF MAP NO. 10061, IN THE CITY OF CARL RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON APRIL 15, 198 THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND BEING A 15.00 WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1, OF SAID MA 10061, THENCE ALONG THE NORTHERLY LINE OF SAID LOT, THROl TANGENT 1398.50 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, HAV CENTRAL ANGLE OF 5' 34' 49" AN ARC DISTANCE OF 136.21 FEET; 'I CONTINUING ALONG SAID NORTHERLY LINE SOUTH 62' 30' 06" WEST, FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NOR? LINE SOUTH 27' 29' 54" EAST, 35.00 FEET; THENCE NORTH 62' 3 EAST, 117.55 FEET; THENCE SOUTH 27' 29' 54" EAST, 19.37 THENCE SOUTH 00' 33' 58" WEST, 145.86 FEET; THENCE NORTH 89 02" WEST, 24.50 FEET, THENCE NORTH 00' 33' 58" EAST, 15.00 THENCE SOUTH 89O 26' 02" EAST, 9.50 FEET; THENCE NORTH 00' 3: EAST, 127.12 FEET; THENCE NORTH 27' 29' 54" WEST, 0.62 FEET; 1 SOUTH 62O 30' 06" WEST, 67.54 FEET; THENCE SOUTH 00' 33' 58" 5.67 FEET; THENCE SOUTH 62' 30' 06" WEST, 5.00 FEET; THENCE 27' 29' 54" WEST, 5.00 FEET; THENCE SOUTH 62' 30' 06" WEST, : FEET; THENCE SOUTH 27' 29' 54" EAST, 10.70 FEET; THENCE SOU' 30' 06" WEST, 15.00 FEET: THENCE NORTH 27' 29' 54" WEST, FEET; THENCE NORTH 62' 30' 06" EAST, 126.00 FEET; THENCE NOR' 29' 54" WEST, 35.00 FEET TO SAID NORTHERLY LINE; THENCE ALONl NORTHERLY LINE, NORTH 62' 30 ' 06 It EAST, 15.00 FEET TO THI POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 6,935.21 FEET OR 0.16 ACRES OF LAND MORE OR LESS. SHEET 1 OF 1 C.M.W.D. 90-C 339 EASEMENT DATA DISTANCE S 27O 29' 54" E 35.00' N 62" 30' 06" E 117.55' S 27" 29' 54" E N 89' 26' 02" W N OOo 33' 58" E 15.00' S 89" 26' 02" E N 00" 33' 58" E 127.12' N 27' 29' 54" W 0.62' 10 S 62" 30' 06" W 11 S 00" 33' 58" W 1 12 S 62" 30' 06" W i 15 S 27' 29' 54" E 16 S 62" 30' 06" W 17 N 27' 29' 54" W 20 N 62O 30' 06" E 16672 %ILbIXEI AVI1UE IILVIIK, CA 92711 JEFFREY L. MITCHELL CITY ENGlNttR J I as3-l~~ O'DAY CONSULTANTS R.C.E. 35134 DATE NO SCALE 4 I PROJECT NAME. PROJ.; NO. CREEKSIDE BUSINESS PARK CMM 3&f3@ a I ...CUI.- v, .. 0 0 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property co by the Deed dated lU4b /+ CREEKSIDE BUSINESS PARK, a California General PartnershiD as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal District Act of 1911, as amended, is hereby accepted by or the Board of Directors of the Carlsbad Municipal Water Distr I 19 l and the Grantee consen , 19z1 from recordation thereof by its duly authorized officer. DATED: t19-. CARLSBAD MUNICIPAL WATER DIS? By: ALETHA L. RAUTENKRANZ, Sec Board of Directors CMWD 90-C-339 * 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 0 0 RESOLUTION NO. 758 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATER LINE EASEMENT AND A SUBORDINATION AGREEMENT FOR LOT 1, CREEKSIDE, MAP 10061, C.T. 80-33, CMWD PROJECT NO. 90-(2-339 WHEREAS, CREEKSIDE BUSINESS PARK, a Californ partnership, have submitted a Water Line Easement COI easement to the Carlsbad Municipal Water District for purposes over a portion of Lot 1, Creekside, Map 10061, C CMWD Project No. 90-C-339; and a Subordination Agreemer Bank of La Costa, which provides that foreclosure enforcement of rights under said deed of trust shall said easement attached thereto and shall be made a part WHEREAS, the Board of Directors of the Carlsbac Water District has determined it to be in the public i accept said Deed and Subordination Agreement; NOW, THEREFORE, BE IT RESOLVED, by the Board 0: of the Carlsbad Municipal Water District as follows: 1. That the above recitations are true and 2. That the Grant Deed from Creekside Bus dated October 14, 1991, conveying an easement for purposes and a Subordination Agreement dated June 4, 199 Bank of La Costa to agree that foreclosure or other enf rights under said deed of trust shall not affect said ea a portion of Lot 1, Creekside, Map 10061, Carlsbad TI CMWD Project No. 90-C-339, which is on file with tk Municipal Water District and is incorporated herein by is accepted. 3. That the Secretary of the Board is auth cause the original Deed and Subordination Agreement to 1 , * 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 in the office of the County Recorder of San Diego County California, with the appropriate Certificate of Acc attached. PASSED, APPROVED AND ADOPTED at meeting of th Municipal Water District held on the 5th day of Nov 1991 by the following vote, to wit: AYES : Board Members Lewis, Larson, Stanton and Nygaard NOES: None ABSENT : Board Member Kulchin ATTEST: ALW. UTEGMedry / (SEAL) CMWD 90-C-339 2