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HomeMy WebLinkAbout1982-08-17; City Council; Resolution 69434 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 RESOLUTION NO. 6943 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A GRANT OF RIGHT-OF-WAY EASEMENT TO THE COSTA REAL MUNICIPAL WATER DISTRICT AND AUTHORIZING THE CITY MAYOR TO SIGN THE EASEMENT ON BEHALF OF THE CITY. WHEREAS, it is necessary to serve the City owned Calavera Hills Sewer Reclamation Facility with water; and WHEREAS, the purchase agreement for said reclamation facility requires that seller construct a waterline to serve the facility; and WHEREAS, said reclamation facility is served by the Costa Real Municipal Water District; and WHEREAS, it is necessary for the City of Carlsbad to dedicate an easement across City owned property to said water district for the purpose of installing said waterline; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The above recitations are true and correct. 2. The grant of right-of-way easement, attached hereto and made a part hereof, is hereby approved. 3. The City Mayor is hereby authorized to sign the grant of right-of-way easement mentioned above on behalf of the City. //I /I/ //I //I I// /I/ ( I , I ! II 1: 1: 1: 11 l! 1( 1: 1E 1s 2c 27. 22 23 24 25 26 27 28 0 0 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held the 17th day of el-=t , 1982 by the following vote, to wit: AYE s : NOES: None ABSENT: None Casler , Lewis, Kulchin, Chick and hear ATTEST: (SEAL) -2- .. -1 AFTER RECORDING, RETURN TO: t .. 3'. NoodsidejKubota and Associates, Inc. P.O. Box 1095 Carlsbad, CA 92008 File Order No. Project No. CMWD 81-111 GRANT OF RIGHT-OF-WAY City of Carlsbad as Grantor, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid by COSTA REAL MUNICIPAL WATER DISTRICT, a municipal water district organized and existing under the Municipal Water District Act of 1911, as amended, as Grantee, receipt whereof is hereby acknowledged, does hereby grant to said COSTA REAL MUNICIPAL WATER DISTRICT, its successors and assigns, an easement of right-of-way in, upon, over, under, and across the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances, including but not limited to, conduits and cables for power transmission and communication pur- poses, at such locations and elevations, upon, along, over and under the hereinafter described right-of-way as Grantee may now or hereafter deem convenient and necessary from time to time, together with the right of ingress thereto and egress therefrom, to and along said right- of-way by a practical route or routes, in, upon, over and across the hereinafter described lands, together with the right to clear and keep clear said right-of-way from explosives, buildings and structures. The easement of right-of-way is described as follows: (See attached Exhibit "A") DATED this 17th day of August ¶ 1982. STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On August 19 , 19z, before me, the undersigned a Notary Public in and for said County and State, personally appeared p"larJ7 €1. Qder known to me to be the Yayor -- , and Metha L. Rautenkranz 9 known to me to be the c- Clp k within instrument, known to"? to bre the pexon(s) who executed the within instrument on behalf of the Public Agency therein named, and acknowledged to me that such Public Agency executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. 5 of the Public Agency that executed the WITNESS my hand and official seal. 1 ,' 1 4. t V ,' h* EXH I B I T ' "A" THOSE PORTIONS OF LAND LYING IN LOTS E AND J OF RANCHO AGUA HEDIONDA IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: PARCEL B BEGINNING AT THE SOUTHWEST CORNER OF CARLSBAD TRACT NO. 76-12 ACCORDING TO MAP NO. 9935 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 16, 1980; THENCE NORTH OO034'5Or' EAST ALONG THE WEST LINE OF SAID MAP NO. 9935, 809.80 FEET TO THE CENTERLINE OF TAMARACK AVENUE; THENCE ALONG SAID CENTERLINE NORTH 68°47'30ff WEST 42.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF TAMARACK AVENUE; THENCE ALONG SAID CENTER- LINE NORTH 68O47'3Or1 WEST 22.42 FEET; THENCE NORTH 14°02'4311 EAST 201.99 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE DiRECTION ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3O26'23" CENTERLINE SOUTH 21°12'30" WEST 74.71 FEET; THENCE LEAVING SAID WESTERLY HAVING A 250.00-FOOT RADIUS; THENCE IN A NORTHERLY A LENGTH OF 15.01 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL "Bfr, SAID POINT HAVING A RADIAL LINE THAT BEARS SOUTH 79O23'34" EAST; THENCE CONTINUING ALONG SAID CURVE AND SAID ANGLE OF 10°20'33'' A LENGTH OF 45.13 FEET; THENCE NORTH 00°15r531' EAST 120.97 FEET; THENCE NORTH 44°44'07f1 WEST 60.00 FEET TO THE TERMINUS OF SAID CENTERLINE OF PARCEL "B". , CENTERLINE OF A 10-FOOT WIDE STRIP OF LAND THROUGH A CENTRAL THE SIDELINES OF SAID 10-FOOT WIDE STRIP OF LAND SHALL BE EXTENDED OR SHORTENED TO MEET AT THE ANGLE POINT AND ON A LINE AT THE TRUE POINT OF BEGINNING WHICH BEARS NORTH 89°25'10" WEST. BJB: FJW: PAF 5/28/82 CMWD 81-111 PLAT TO lLLUSTRATE LEGAL DESCRIPTION 1 I I ;i