HomeMy WebLinkAbout1992-01-28; Municipal Water District; 148; Onsite Water System Improvement PlansCARLSBAD M - IICIPAL WATER DISTRICT - - SENDA BILL 6 “’
AB# is? TITLE: APPROVAL & ACCEPTANCE OF ONSITE
MTG. /-J--&-4 2 WATER SYSTEM IMPROVEMENT PLANS AND AGREE-
DEPT. MENT FOR COLLEGE BUSINESS PARK, CARLSBAD mg.m..ev TRACT 85-17, CMWD PROJECT NO. 81-223
RECOMMENDED ACTION:
Adopt Resolution No. 175 for approval and acceptance of onsite water system improvement plans and agreement for College Business Park, Carlsbad Tract 85-17, CMWD Project 81-223.
ITEM EXPLANATION:
Huntington Beach Company, developers of the College Business Park project have submitted completed plans and agreement for onsite water system site improvements. A performance guarantee in the sum of $801,500 has been posted to guarantee the potable and reclaimed improvements. This project is located at the intersection of Palomar Airport Road and College Boulevard on the north east and north west corners.
It is recommended that the Board of Directors approve and accept the plans and agreement for onsite water system improvements for the College Business Club, Carlsbad Tract 85-17, CMWD Project No. 81-223, authorize the District Engineer to sign the improvement plans and the President to sign the Onsite Water System Improvements Agreement.
FISCAL IMPACT:
None.
EXHIBITS:
1. Location Map.
2. Onsite Water System Improvements Agreement for the College Business Park, Carlsbad Tract 85-17, CMWD Project No. 81-223.
3. Resolution No. 335 approval and acceptance of plans and agreement for onsite water system improvements for the College Business Park, Carlsbad Tract 85-17, CMWD Project No. 81-223.
CMWD 81-223
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VICINITI
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‘ROJECT NAME
*‘- CARLSBAD TRACT NO. 85-17 Pff$J&EC’:- -EXflIBrr
~N-sITE WATER L~NE’EASEMENT CMWD . B
81&223 SHEET t OF2
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AGREEMENT I
WATER SERVICE IMPROVEMENTS AGREEMENT
REGARDING
Carlsbad Tract 85-17, Colleqe Business Park
Potable and Reclaimed Water System Improvements
(Agreement No. I - Onsite Improvements)
This Agreement is entered into on +' I 19&
between CARLSBAD MUNICIPAL WATER DISTRICT (hereinafter tlDISTRICT1l)
and HUNTINGKX4 BEACH COMPANY, a California comoration,
(hereinafter "DEVELOPERtt), with respect to the following facts:
A. DEVELOPER is.about to present the map identified as
Carlsbad Tract 85-17. Colleue Business Park
(the 81subdivision11) to the City of Carlsbad for final approval
under the Subdivision Map Act of the State of California and
represents that DEVELOPER is in compliance with the provisions of
the City of Carlsbad's ordinances applicable to the filing and
approval of subdivision maps. The property encompassed by the
subdivision lies within the boundaries of the DISTRICT.
B. as Enaineerina. Inc., of Carj&&, California
has prepared plans and
specifications for the construction of the water system and all
onsite facilities necessary to provide water service to the
subdivision. The plans and specifications are identified as
consisting of sheets, 36
and are incorporated herein by reference ('lplansl'). The plans and
specifications for the onsite water improvements, which are the
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subject of this Agreement, are set forth on all sheets of those
plans (ttimprovementstt). The DISTRICT Board of Directors has
approved the plans.
C. DEVELOPER and the DISTRICT have entered into the
following agreement/agreements, concurrently with and related to
this Agreement, all/both of which together provide for the
construction of a complete public water system to serve the
subdivision:
(1) Reimbursement Agreement No. II, Potable Water System
(2) Reirr-bursement Agreement No. III, Reclaimed Water System
These agreements will hereinafter collectively be referred to as
"the related agreements.lt
D. No present commitment is required of the DISTRICT as
to water service to the lots in the above-described subdivision.
NOW, THEREFORE, in consideration of the covenants,
conditions and promises set forth belowi and of the approval of the
plans by the DISTRICT, the undersigned agree as follows:
1. Construction of wovwnts. DEVELOPER agrees to
construct, or cause to be constructed, all of the onsite water
improvements set forth.in the plans as described above within one
(1) year from the date of this Agreement. The improvements shall
be constructed in a good and workmanlike manner under the direction
of and subject to the approval of the DISTRICT, which approval will
be exercised in good faith and will not be unreasonably withheld.
The improvements shall be constructed in accordance with the plans
approved by the DISTRICT and in conformity with all other .
applicable standards for pipeline construction which have been
adopted by the DISTRICT. DEVELOPER shall construct the
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improvements at its sole cost and expense, and without cost or
expense to the DISTRICT.
2. Inspection Fees and Deposits. DEVELOPER agrees to
pay to the DISTRICT, on demand, the full amount of all costs
incurred by the DISTRICT in connection with the work to be
performed under this Agreement including, but not limited to,
engineering plan checking, construction inspection, right-of-way
expenses, materials furnished, and a reasonable amount for the
DISTRICT's indirect costs and overhead in connection with this
project. The fees and costs shall be charged in accordance with
the DISTRICT's Ordinance 29 approved June 15, 1988. DEVELOPER
shall remit to the DISTRICT the fee of $ 14,427 I being
the estimated amount of the DISTRICT expenses, at the time this
Agreement is executed.
3. Dedication and Accentance of Imnrovements. Upon
completion of the improvements in accordance with the plans, as
determined in good faith by the DISTRICT1s Manager and the
DISTRICT's Engineer, DETVELOPER shall. dedicate, and the DISTRICT
shall accept, the' improvements as the public property of the
DISTRICT. The DISTRICT shall be under no obligation to accept the
improvements as public property of the DISTRICT until such time as
the following acts have occurred:
(a) All improvements proposed to be constructed in said
subdivision, including but not limited to, streets, curbs, drains,
sewer, gas and utility lines and the improvements required for the
complete water system and necessary appurtenances thereto, as set
forth in this Agreement and the related agreements, shall have been
completed as determined reasonably and in good faith by the
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DISTRICT's engineer.
(b) DEVELOPER, at its own expense, provides to the
DISTRICT all documents and title policies necessary to vest and
insure record title in the DISTRICT of all easements and/or rights-
of-way necessary to the ownership and maintenance of the
improvements. DISTRICT shall have the right to approve the
acceptability of said easements, documents and title policies,
which approval shall be exercised in good faith and shall not be
unreasonably withheld.
(Cl DEVELOPER provides to the DISTRICT a statement
setting forth the actual cost of constructing the improvements.
The DISTRICT's Board of Directors shall accept the
dedication on behalf of the DISTRICT upon recommendation of the
DISTRICT Manager and the DISTRICT Engineer.
4. Interim Maintenance of Imwrovements. DEVELOPER shall
be responsible for the care, maintenance and repair of all damage
to the improvements constructed,under this Agreement until such
time as all water system public iqzovements to be constructed
under this and the related agreements between DEVELOPER and the
DISTRICT have been completed and dedication thereof has been
accepted by the DISTRICT.
5. Guarantv of Work and Materials. DEVELOPER
guarantees, for a period of one (1) year after the DISTRICT accepts
dedication thereof, that the improvements shall be free of any
defects in materials and/or workmanship. DEVELOPER shall repair or
replace without cost to the DISTRICT, any defect in workmanship or
materials which occurs within that time. The DISTRICT shall
notify the DEVELOPER in writing of any such defect. DEVELOPER
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shall begin repairs within ten (10) days after receipt of such
notice, and shall proceed expeditiously to complete the repairs
within that time, the DISTRICT is authorized to have the defects
repaired at the expense of DEVELOPER, and DEVELOPER shall pay the
cost of such repairs upon written demand by the DISTRICT. In the
event of an emergency, as determined reasonably and in good faith
by the DISTRICT's Board of Directors, Manager or Engineer, the
DISTRICT is authorized to have the defect causing the emergency
repaired, without notice, at the expense of DEVELOPER, and
DEVELOPER shall pay the cost thereof upon written demand by the
DISTRICT.
6. Water Service and Occuoancv Uwon Comnletioti). There
shall not be'any permanent water service provided to any parcel of
land within the subdivision, nor shall occupancy of any permanent
improvementwithinthe subdivision be permitted, until the DISTRICT
, has accepted dedication of the complete w&t%r system for the
subdivision and title of all impmvem@nts, appurtenances, easements . . . and rights-of-way which are a;“ "" OS? %hiah system. This provision
does not limit DEVELOPER from kekesting, ck the DISTRICT from
providing, temporary water service to the subdivision to be used
during construction. Other temporary water service may be allowed
under terms and conditions agreed to between the DISTRICT and
DEVELOPER.
7. Bond or Other Guarantv. DEVELOPER shall furnish and
deliver to the DISTRICT a performance guaranty in the penal sum of
$801,500 to insure faithful performance by DEVELOPER of
all obligations under this contract. The guaranty shall be in the
form of a Faithful Per,formance/Warranty/Labor and Materials Bond
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issued by a reliable surety company, as determined by DISTRICT,
authorized to do business in the State of California, or such other
form of written guaranty as is acceptable to the DISTRICT.
8. Notices. All notices or other communications
required or permitted under this Agreement shall be sent by
registered or certified mail, return receipt requested, postage
prepaid, addressed as follows:
To DEVEWPER: Lawrence M. Netherton, Vice President Hurkinqton Beach Canoany 18300 Von Karman Avenue, Suite 850 Irvine, California 92715
To DXSTRICT Robert J. Greaney, General Manager . Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008
9. Benefit and Burden. This Agreement shall inure to
the benefit of, and the obligations created hereby shall be binding
upon the heirs, successors and assigns of the parties hereto. The
DISTRICT acknowledges that there did exist a dispute between it and
the City of Carlsbad as to which entity has the right to provide
retail water service ta the subdivisicm, among others, and the
right to hold legal title to all public improvements necessary to
provide such service. The DISTRICT filed an action for declaratory
relief in the North County Branch of the Superior Court of the
State of California for the County of San Diego, case no. N20027,
to resolve that dispute. The DISTRICT and the City of Carlsbad
have settled this lawsuit. The parties hereto agree that their
rights and obligations under this Agreement are subject to the
judgement, judicial declaration, settlement or other determination
made in the above-described legal proceeding on June 29,
1983.
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10. Severabilitv of Provisions. The invalidity or
illegality of any provision of this Agreement shall not affect the
validity or enforcement of the remainder of this Agreement. If any
provision or term hereof is found to be invalid or unenforceable,
the rest of the Agreement shall remain in full force and effect as
though the invalid or unenforceable provision was not a part of the
Agreement.
11. Waiver or Amendment. No provision of this
Agreement, nor any breach hereof, can be waived unless in writing.
Waiver of any one breach of any provision hereof shall not be
construed as a waiver of any.other breach of the same or any other
provision hereof. This Agreement shall be amended or modified only
by a written agreement signed by the party to be charged with the
amendment.
12. Governins Law. This Agreement and any amendments
hereto shall be governed by, construed and enforced in accordance
with the laws of the State of California.
13. Construction and Int-tation. This Agreement is
one of three related agreements between DEVELOPER and the
DISTRICT pertaining to the construction of water system public
improvements for the subdivision. This Agreement contains the
entire understanding and agreement of the parties as to the onsite
improvements portion of the water system. Where possible, all/both
related agreements shall be construed in harmony with each other,
to effectuate the parties' intent to construct a complete water
system for the subdivision. However, the specific provisions of
this Agreement shall prevail over any conflicting provision of any
other related agreement insofar as they pertain to onsite water
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improvements. This Agreement and the related agreement/agreements
contain the entire understanding and agreement of the parties as to
the construction of the complete water system for the subdivision,
and supersede all prior agreements, statements, discussions,
representations and understandings pertainingtothatwater system.
14. Attorney's Fees. The prevailing party in any action
at law or in equity, including arbitration, brought to enforce or
prevent the breach of this Agreement, or any provision hereof,
including but not limited to any action for injunctive or
declaratory relief, shall be entitled to attorney's fees and costs
incurred in such action, including those incurred in any appeal.
15. Authority to Sign. The individuals who sign
this Agreement on behalf of the undersigned corporation
certify that they have the authority and approval to do so on
behalf of such corporation .
DEVELQPER
LAWREXE M. NETHERIW, Vice President
MICHAEL K. MAYER, Assistant Secretary
(title of signatory)
CMWD 81-777
8
Executed by District
, 19&
Board of Directors
APPROVED AS TO FORM: VINCENT F. BIONDO, JR. GENE-COUNSEL
BY:
i 3/20/91 REV.
M-PURPOSE ACKNOWLEDGMENT
before me, 5. L. DDmk@ 0 Jk ,
DATE NAME, TITLE OF OFFICER. E G “JANE DOE. NOTARY PUBLIC
personally appeared /ehbLd y4! h~C&~
cd NAME(S) OF SK&R(S)
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
SIGNATURE OF NOTARY
CAPACITY CLAIMED BY SIGNER
Z;F&{
49-Q *
,ffiEW
0 PARTNER(S) v
q Al-fORNEY-IN-FACT
c] TRUSTEE(S)
0 SUBSCRIBING WITNESS
0 GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it coyld lyevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT DESCRIBED AT RIGHT:
Title or Type of Document tJL w&if- LLk.
Number of F---- c/ z pt5 WI ““,urnet!l+& mm.- ^I rY-, l?Q-dz wT-- A
Signer(s) Other Than Named AboveJV
_
,yh _ - ~1!&?26 m
0 1991 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave. - P.O. Box 7184 * Canoga Park. CA 91304-71
CORPORATE ACKNOW
California
County of --@zz Josephine Hoyal
the undersigned Notary Public, personally appeared
Laurence M. Netherton
to be the personmwho executed the within instrument as
Vice President $on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
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RESOLUTION NO. 775
RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT FOR APPROVAL OF PLANS AND AGREEMENT FOR ONSITE WATER SYSTEMS IMPROVEMENTS FOR THE COLLEGE BUSINESS pm, CARLSBAD TRACT 85-17, CMWD PROJECT NO.
WHEREAS, HUNTINGTON BEACH COMPANY, a California
Corporation, have submitted completed plans and agreement for water
system onsite improvements for the College Business Park, Carlsbad
Tract 85-17, CMWD Project No. 81-223; and
WHEREAS, it is recommended that the Board of Directors of
the Carlsbad Municipal Water District approve and accept the plans
and agreement for onsite water system improvements for the College
Business Park, Carlsbad Tract 85-17, CMWD Project No. 81-223 and
authorize the District Engineer to sign the improvement plans and
the President to sign the agreement;
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 approval and acceptance of the plans and
agreement for onsite water system improvements for the College
Business Park, Carlsbad Tract 85-17, CMWD Project No. 81-223 and
authorization for the District Engineer to sign the
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improvement
,
plans and the President to sign the agreement for onsite
improvements is incorporated herein by reference, is accepted.
PASSED, APPROVED AND ADOPTED at a meeting of the Carlsbad
Municipal Water District held on the 28th day of January I
1992 by the following vote, to wit:
AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUT
(SEAL)
CMWD 81-223
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-
711
PLEASE RECORD THIS DOCUMENT AT 1 NO FEE AS IT IS TO THE BENEFIT 1 OF THIS DISTRICT (GOV. CODE [6103]) )
1 RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO:
i Carlsbad Municipal Water District ) Engineering Department 1 5950 El Camino Real Carlsbad, California 92008 i \ I 4 ‘. Space above this line for ,fl-,t, Recorder's use. /i.lS
Assessor's Parcel No. 212-041-07 7
Project Name & No. CMWD 81-223, Collese Business Park Carl&ad Tract 85-17
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
AlethaL.Ra Board of Directors
EASEkENT
&NTINGTON BEACH COMPANY, a California cowration
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public
Agency organized in 'the State of California, its successors and
assigns, an easement.
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,
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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
forms of damage including, but limited to, erosion control
facilities, fences, gates, doors, locking devices, alarms, lights,
and all other protective facilities and devices. The use shall
also include a means of access to and from said facility for the
purpose of constructing, operating, repairing, maintaining,
inspecting and reconstructing said facility.
The uses described herein shall be exclusive to the
Grantee, Grantor herein agrees that no buildings and/or structures
will be erected, walls constructed, fences built nor trees planted,
nor may the easement be used by the Grantor or any other person or
entity, including other utilities, whether public or private, for
uses whether compatible or incompatible with the uses described
herein without the express written approval of the Grantee.
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LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and
upon the properties more particularly described in Exhibit l'A'* and
Exhibit lrBvl attached hereto and by this reference made a part
hereof.
by the GRANTOR this day of &kYc2-fl&ti-K r
GRANTOR:
HUNTINGTONEEACH COMPANY, a
LAWRENCE M. NETHERION. Vice President (title of.,signatory)
r/ / ’ r. - By: q; (,j. ?J ,g </$ . q AL-;,? ,
(sign here)
T, K. -R. A-ant Secrptaqr (title of signatory)
APPROVED AS TO FORM: BIONDO, JR.
By: .
(Notarial acknowledgment of execution by GRANTOR must be attached.)
CMWD 81-223
3 3/14/91 REV.
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STATE OF CALIFORNIA
COUNTY OF ORANGE )ss
On December ?, I.991 before me,
for the State of Califbrnia,
Josephine Hoyal, a Notary Public
duly commissioned and sworn, personally
appeared T,aurence ~f.~etherton and 3lichael personally
known to me to be the persons who executed the within instrument
as Vice President and Assistant Secretarv on behalf of
Huntington Reach Company the corporation therein
named, and acknowledged to me that the c)orporation executed it.
WITNESS my hand and official seal.
OFF’CIAL SEM JCXPHINE HOYAL
NOTARY FUBLK: . cAuR#wIA
mNClPAL ORlcp IN
Notaryjpublic
y commission Expires Lb!'2 -72
, - 715
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed or
easement, dated 12/9/91 , from- BFAQj Cm. a California
Corporation
to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water District
Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf
of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority
conferred by Resolution No.773 of the Carlsbad Municipal Water District adopted on
January 28, 1992, and the grantee consents to recordation thereof by it’s duly authorized
officer.
DATED: 3
CMWD 81-223
716
LEGAL DESCRIPTION C.T. 85-17
ON-SITE WATER LINE EASEMENT
EXHIBIT "A"
ALL THAT REAL PROPRETY SITUATED IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 2 OF
PARCEL MAP NUMBER 6331, FILED SEPTEMBER 8, 1977 AS FILE NUMBER 77-
369645 OF OFFICIAL'RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 2 AS SHOWN ON SAID
PARCEL MAP NUMBER 6331; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 71° 27' 15" EAST 21.34 FEET TO A POINT ON A LINE THAT IS 20.00 FEET EASTERLY AND PARALLEL TO THE WESTERLY LINE OF
SAID PARCEL 2; THENCE ALONG SAID PARALLEL LINE SOUTH 01" 53' 18"
WEST 842.80 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 46O 53'
18" WEST 11.31 FEET; THENCE NORTH Ol" 53' 18" EAST 16.,28 FEET;
THENCE NORTH 88e 06" 42" WEST 12.00 FEET TO A POINT IN SAID WESTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID WESTERLY LINE NORTH Ol" 53" 18: EAST 827.07 FEET TO THE POINT OF BEGINNING.
LEROY C. BODAS R.C.E. 22312
CMWD 81-223
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P/l\. 6331 /‘i \;A j
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‘ROJECT NAME PROJECT EXHIBIT CARLSBAD TRACT NO. 85-V ’ N;;Ft FE$ bN-SITE ‘WATER LINE EASEMENT 81-223 SHEET 2 OF 2
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PROJECT NAME --. CARLSBAD TRACT NO. 85-17 \igJ&y EX
‘ON-SITE WATER LINE EASEMENT CMWD 81L223 SHEET 10~2
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720
PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103
_,___-.-_ -r---- -
) -+ ::,l:-,~~~;:i:--l_li-~~~.~:, ;, :,::*:y
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.- - -- - :x;,;
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RECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO:
Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008
1 Space above this line for ":I Recorder's use. i\
Assessor's Parcel No. 212-041-10 '; i ; *
Project Name & No. Q%lD 81-223. Collese Eusiness Park R '._
Car&bad Tract 85-17
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
EASEMENT
HUNTINGTON l3EACI-I mPANY, a California corporation
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public
Agency organized in the State of California, its successors and
assigns, an easement.
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.
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72.- I
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 *. ,. forms of damage including, but:: ii&ted to, erosion control i _i -: _ . i, facilities, fences;""$ates, doors,';lo&g devices, alarms, lights, ,, . <."~ $ .,,. ,,,L $',.rzZ 4.; ey- \: and all other protgctive facilities and 'devic*es. The use shall ..' :. ^. ', also include.a*means of access to and from said facility for the :A, $: _-, fil :$f:,',- ‘ c"::. <, -,;. : .-.
purpose of .':L-constructing , ,~I“ 8 operating, repairing, .'maintaining, __ ,*( r inspecting and reconstructing said facility.
.*. The-': uses described herein shall be excl'usive to the ~ *
Grantee: Grantor herein agrees that no buildings and)& structures
will be erected, walls constructed;"fences built nor trees planted, ,:,:a i nor may the*easement be used by the Grantor or'any other person or
entity, including'other utilities,~ whether pub& or private, for _, '7
uses whether compatible or incompatible with the uses described is
herein without the e.xpress written approval of the Grantee.
//I
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///
//I
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///
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I//
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///
2 3/14/91 REV.
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722
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and
upon the properties more particularly described in Exhibit "Alv and
Exhibit rlBl1 attached
hereof.
” /
.’ -.,
_ )L1 _,-,_i. ..& ..,, , h 1 _ ‘
.* _r‘ ‘- _I-, >#p ’ il, .,_ ’
>-;
.,
.
hereto and by this reference made a part
Execyted by the GRANTOR this 'qz day:of Z??~~,&~K- , . 199/. _i ,, GRANTOR:
HUNTINGTON BEACH CCMPANY, a
Lpdt(RENCE M. NETHERTON, Vice President (title of- signatory)
By: x;aJ,, <‘Z.,, ‘, ’ ;;Z’ I”~~,.~y.i’-‘,7~
'(sign%ere) ; *'
MICHAEL K. MAYER, Assistant Secretary (title of signatory)
APPROVED AS TO FORM: BIONDO, JR.
n
(Notarial acknowledgment o ecution by GRANTOR must be attached.)
CWD 81-223 .
3/14/91 REV.
‘_ STATE OF CALIFORNIA
COUNTY OF ORANGE >ss 723 -
c On nPCPmhpr o I WI , before me, Josephine Royal, a Notary Public
for the State of California, duly commissioned and sworn, personally
appeared Laurence :,!.Bether_tonand zrhpel K. '!pTJpI. personally
known to me to be the persons who executed the within instrument
as Vice President and ~.ssistant Serretnrv on behalf of
Huritinoton Beach Company the corporation therein named, and acknowledged to me that the iorporation executed it.
WITNESS my hand and official seal.
oFFmAL !xxl.
JOSEPHINE HOYAL WMv PWU0. CALIFORNIA
7EiZZW
h- Erp. June 12. 1992 I
Not&y Public /
My/commission Expires i -/J -jl _
l . 724
L CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed or
easement,dated 12/g/91 , from HUNTING~DN BEACH WPANY, a California
Corporation
to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water District
Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf
of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority
conferred by Resolution No.773 of the Carlsbad Municipal Water District adopted on
January 28, 1992, and the grantee consents to recordation thereof by it’s duly authorized
officer.
DATED: 3 I
ALETHA L. RAGTENKRANZ, Secretky
CMWD 81-223
. I
-t 725 .
LEGAL DESCRIPTION C.T. 85.17 ON SITE WATER LINE EASEMENT
EXHIBIT "A"
THAT PORTION OF LOT G OF RANCH0 AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON THE PARTITION MAY THEREOF NUMBER 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF COUNTY OF SAN DIEGO ROAD SURVEY NUMBER 1534, KNOWN AS PALOMAR AIRPORT ROAD, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY, AT ENGINEERS STATION 78 + 25.34 E.C.; THENCE ALONG SAID CENTERLINE SOUTH 78O 20' 57"
EAST (NORTH 78* 20' 53" WEST PER SAID R.S. 1534) 1,177.59 FEET: THENCE LEAVING SAID CENTERLINE, AT RIGHT ANGLE, NORTH 11" 39' 03'
EAST 63.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID PALOMAR AIRPORT ROAD PER THAT EASEMENT FOR PUBLIC HIGHWAY, PUBLIC UTILITY AND INCIDENTAL PURPOSES, TO THE CITY OF CARLSBAD RECORDED NOVEMBER 11, 1988 AS FILE NUMBER 88-611267 OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING: THENCE CONTINUING NORTH 11" 39' 03" EAST 103.08 FEET TO A POINT ON THE ARC OF A NON-TANGENT 60.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 26' 07' 43' WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19" 15' 28", A DISTANCE OF 20.17 FEET TO A
POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS SOUTH
06' 52' 15" WEST: THENCE LEAVING SAID CURVE SOUTH 11" 39' 03" WEST
101.38 FEET TO A POINT IN THE ABOVE MENTIONED NORTHERLY RIGHT OF WAY LINE OF PALOMAR AIRPORT ROAD; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 78O 20' 57" WEST 20.00 FEET TO THE TRUE POfNT OF
BEGINNING.
I LEROY C. BODAS R.C.E. 22312 CMWD 81-223
:
. LdCATION MA,- 726
m
.
,
PROJECT NAME CARLSBAD TRACT NO. 85-17 PROJECT EXHIBIT NUMBER
ON-SITE WATER LINE EASEMENT CMWD I!%
8t- 223 SHEET t ‘bF 2
i ti - .fq wzw’ 8 al .-0:
$$b a I 1 /
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PROJECT NAME CARLSBAD TRACT NO. 85-17
ON-SITE WATER LINE EASEMENT CMWD
U-223
. . . . .
728
349795.538 $lrS
679483. ma ws
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8.647 **t
L
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729
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: 1
Carlsbad Municipal Water District i Engineering Department 5950 El Camino Real Carlsbad, California 92008
5.
1
i
Space above this line for [:~d Recorder's use. .
Assessor's Parcel No. pf 212-041-11 Project Name & No: CZMhD 81-223, Colleqe Eusiness Park Carlsbad Tract 85-17
DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT ti&*P* AlethaL.Rautenkranz, Secret&y . Board of Directors
EASEMENT
I
HUNTINGMN BEACH CCNPANY, a California corporation
does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public
Agency organized in the State 'of California, its successors and
assigns, an easement.
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.
.
L
r
1 whether above or below the surface of the ground.
2 Said facility may include pipelines, pumping facilities,
3 structures designed to control the flow of water and all facilities
4 and structures associated with said use which are designed to
5 facilitate the use and protect the facility from natural and other
6 forms of damage including, but limited to, erosion control
7 facilities, fences,.gates, doors, locking devices, alarms, lights,
6 and all other protective facilities and devices. The use shall
9 also include a means of access to and from said facility for the
10 purpose of constructing, operating, repairing, maintaining,
11 inspecting and reconstructing said facility.
12 The uses described herein shall be exclusive to the
13 Grantee. Grantor herein agrees that no buildings and/or structures
14 will be erected, walls constructed, fences built nor trees planted,
15 nor may the easement be used by the Grantor or any other person or
16 entity, including other utilities, whether public or private, for
17 uses whether compatible or incompatible with the uses described
18 herein without the express written approval of the Grantee.
19 ///
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27 I//
28 ///
2 3/14/91 REV.
\
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LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and
upon the properties more particularly described in Exhibit "Afl and
Exhibit ltBW1 attached hereto and by this reference made a part
_
ExFcuted by the GRANTOR this , 19L day of.pfc:L,v&'K/- .
GRANTOR:
HUNTINGTON BEACH COMPANY, a
California corporation I'
LMR.ENCE M. NEX-IERTON. V'ce P es'dent (title of ,signatocy)'
By : ,9,, 9 ./ .I f, ./ /& ;;;
(sign here) .'
APPROVED AS TO FORM: VICENT F. BIONDO, JR. GENE L OUNSEL
By: n &-dz.G;T. G%QJa
(Notarial acknowledgment xec&ion by GRANTOR must be attached.)
CMWD 81-223
3 3/14/91 REV.
732
STATE OF CALIFORNIA
COUNTY OF ORANGE Is.9
On December 9. 1991 before me,
for the State of CalifLrnia,
Josephine Hoyal, a Notary Public
duly commissioned and sworn, personally
appeared Laurence M.Netan and -1 K. MSIVP~ personally
known to me to be the persons who executed the within instrument
as Vice President and -ant sprrPtlrV on behalf of the Huntinpton Beenv 9 the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official~syl.
JOSEPHINE HOYAL
733
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the grant deed or
easement, dated 13/g/91 , from HUNTINGIYXJ
Cormration
to the Carlsbad Municipal Water District, Carlsbad, California, a Municipal Water District
Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf
of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority
conferred by Resolution No.773 of the Carlsbad Municipal Water District adopted on
January 28, 1992, and the grantee consents to recordation thereof by it’s duly authorized
officer.
DATED: 3
ALETHA L. RAUTENKRANZ, Secret/q
CMWD 81-223
P 734
LEGAL DESCRIPTION C.T. 85-17 ON-SITE WATER LINE EASEMENT EXHIBIT "A"
THAT PORTION OF LOT G OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS SHOWN ON THE PARTITION MAP THEREOF NUMBER 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896 DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY CORNER OF LOT 76 OF CARLSBAD TRACT 81- 46, ACCORDING TO MAP THEREOF NUMBER 11289, FILED JULY 16, 1985 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, SAID POINT BEING ON THE ARC OF A NON-TANGENT 1401.00 RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 43O 32' 28" WEST; SAID CURVE BEING THE NORTHWESTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD PER THAT EASEMENT, FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES, TO THE CITY OF CARLSBAD RECORDED JULY 3, 1985 AS FILE NUMBER 85-239994 OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY: THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02O 02" 51", A DISTANCE OF 50.07 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 45O 35' 19' WEST, - SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OO" 36' 49", A DISTANCE OF 15.00 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 46O 12' 08" WEST; THENCE LEAVING SAID CURVE AND NORTHWESTERLY RIGHT OF WAY LINE OF COLLEGE BOULEVARD ALONG A LINE LYING 20.00 FEET SOUTHWEST AND PARALLEL WITH THE SOUTHERLY LINE OF THAT SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT PER DOCUMENT NUMBER 49242 RECORDED APRIL 15, 1954 IN BOOK 5205, PAGE 419 OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY; NORTH 47* 28' 18" WEST 347.72 FEET: THENCE NORTH OO" 52' 18" EAST 51.43 FEET TO THE NORTHERLY LINE OF THAT PARCEL OF LAND SHOWN AS DESCRIPTION NO. 3, 78.07 ACRES PER RECORD OF SURVEY MAP NUMBER 5715 FILED DECEMBER 19, 1960 IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG SAID NORTHERLY LINE SOUTH 89O 07' 42' EAST 7.50 FEET; THENCE NORTH 41° 14' 29" EAST 11.58 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH OO" 52' 18' WEST 53.52 FEET TO THE SAID SOUTHERLY LINE OF HEREIN ABOVE MENTIONED SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT;THENCE ALONG SAID SOUTHERLY LINE SOUTH 47' 28' 18" EAST 341.40 FEET TO THE TRUE POINT OF BEGINNING.
LEROY C. BODAS R.C.E. 22312
CMWD 81-223
/4.2/y. &f/a-H=+ I/
., . . . . ,
LOCATION MA? 735
PROJECT NAME CARLSBAD TRACT NO. 85-17 \I?OGJS; EXHIBIT
B ON-SITE WATER LINE EASEMENT CMWD 81-223 SHEET 1 OF :
‘ROJECT NAME .
CARLSBAD TRACT’ NO.’ 85-17 PNRuohnJeEEc; EXHIBIT
ON-SITE WATER LINE’ EASEMENT CMWD 8
81- 223 SHEETZOFi ~
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341.488 SW
5. Irslr
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5 45.3519L.r *4* !’ -1. MS
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351461.599 $*%
678468.282 m’lr
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