HomeMy WebLinkAbout1997-09-09; Municipal Water District; Resolution 9960 0
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RESOLUTION NO. 996
A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT
REGARDING THE ACCEPTANCE AND RECORDATION OF DEEDS
OR GRANTS CONVEYING INTERESTS IN REAL PROPERTY TO
THE DISTRICT.
WHEREAS, pursuant to Water Code Section 71031, the Carlsbad Municipa
District Board may delegate any executive, administrative, and administerial powers; and
WHEREAS, pursuant to Government Code Section 27281, any public entity may c
the acceptance of deeds or easements by a general resolution; and
WHEREAS, the Carlsbad Municipal Water District has found it in the public int
delegate certain powers regarding the acceptance and recordation of deeds or grants cc
interests in real property to the District.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the C ’* Municipal Water District, as follows:
13 1. That the above recitations are true and correct.
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3. The following officers are hereby delegated the powers of the Carlsbad IL 15
2. That Resolution No. 773 is hereby repealed.
16 Water District Board specified below with regard to the acceptance of privately con
improvements in connection with a subdivision, and the acceptance and consent to rec
of deeds or grants conveying any interest in or easement upon real estate to the Di
public purposes:
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(a) The Executive Manager upon advice of the General Counsel may
the acceptance of easements and covenants for easement required as condi
development if properly executed on a standard document approval as to form by the
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22 Counsel, as amended from time to time;
23 (b) The Executive Manager upon advice of the General Counsel may
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property to the District for public purposes, if such deeds or grants are recomme 25
the acceptance of deeds or grants conveying any other interest in or easement u
approval by the District Engineer and are properly executed on a standard document z 26
27 by the General Counsel as to form, as amended from time to time;
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(c) The Executive Manager is authorized to accept water improveme
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subdivision to be formally accepted into the Water District system on behalf of the Water
following acceptance of the final subdivision map by the City Council, and satisfactory cor
of all subdivision public improvements or any other public improvements constructc
developer as a condition of development by any provision of Titles 18, 20 or 21 of the C
Municipal Code with the advice and consent of the General Counsel and, u[
recommendation of the District Engineer. This provision is not intended to and shall no
or relieve any developer from liability for any and all defects found after the accepl
8 improvements, in accordance with a Subdivision Improvement Agreement or any othe
9 agreement. Following acceptance by the Executive Manager, the District Engineer sha
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10 any water improvements so accepted to be entered into the inventory of Water
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until such water improvement has been accepted into the District's water system. 12
improvements. The District shall not be liable for any failure to maintain any water impn
13 (d) The Secretary is authorized to accept and consent to record
easements, covenants of easements, and other deeds or grants conveying any interc 14 (1 easement upon real property to the District for public purposes following approval
15 ll Executive Manager and General Counsel as set forth above in Subsections (a) and (b), a
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17 II PASSED, APPROVED AND ADOPTED at a regular meeting of the Board of Dirc
l8 the Carlsbad Municipal Water District held this 9th day of September , 19s
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AYES: Board Members Lewis, Finnila, Nygaard, Kulchin and Hall 20
following vote, to wit:
21 NOES: None
22 ABSENT: None
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25 I1 ATTEST:
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(SEAL)