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Home My WebLink About1990-05-01; Municipal Water District; 015; CMWD Project No. 89-C-311JVlWD - ~AGENDA BILL A&#- TITLE: MTG. 5/l /go ACCEPTANCE OF GRANT DEED DEPT. ENG. FOR WATERLINE PURPOSES CMWD PROJECT NO. 89-C-311 RECOMMENDED ACTION: Adopt Resolution No. 659 ----- accepting a Grant Deed for Waterline purposes ITEM EXPLANATION: Puritan - Bennet Corporation, developers of the subject project, have granted an easement as directed in the attached documents. The easement is granted to the District for maintenance and operation of the water service to the proj.ect. The subject project is located on the north side of Faraday Avenue, west of El Camino Real. Engineering Staff has reviewed the Grant Deed and find it satisfactory for its intended purposes. FISCAL IMPACT Requiring dedications and as a condition of water system improvements will save the District expenses in future easement acquisitions. EXBIBITS 1. Location Map. 2. Grant Deed from Puritan - Bennet Corporation dated s--/-90 . 3. Resolution No. 659 accepting a Grant Deed for waterline purposes. CMWD 89-C-311 , LOCATION MAP: Lots.44 &I 45, Carlsbad Research Center Unit 3 Carlsbad Tract 85-24, Map 11810 _. - ---- .-r...-.__.- DATE: PROJECT NO.: CMWD 89-C-311 LOCATION: North Side of Faraday Avenue West of El Camino Real May 3, 1990 Carlsbad Municipal Water District Attn: Sandy Schuck 5950 El Camino Real Carlsbad, CA 92008 RE: EASEMENTS FOR WATERLINE PURPOSES CMWD PROJECT NOS. 89-2-216(A), 89-C-311 & 89-C-315 Enclosed are the original deeds for waterline easements from F.I.G. Holding Co., Puritan-Bennet Corp., and Bruno & Rita Bassi. The Water Board approved the acceptance of these easements at their meeting on May 1, 1990. After you have had the documents recorded with the County Recorder, please return copies of each to the City Clerk's Office. Thank you for your assistance in the matter. KATHLEEN D. SHOUP CT-II 1200 Carlsbad Village Drive l Carlsbad, California 92008 - (6 19) 434-2808 . PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) RECORDED REQUEST BY AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 /$g j:r :L’ . L.. Assessor's Parcel No. 212-120-31 L 32 Project Name & No. Lots 44 L 45, Carlsbad Research Center Unit 3, Carlsbad Tract 85-24, Map 11810 CMWD 89-C-311 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT Aletha L. Rautenkranz, Secrekary Board of Directors EASEMENT PURITAN - BENNET CORPORATION, a Delaware 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, 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 such protective facilities 1 - 2397 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. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit t*A'l and Exhibit aBIV attached hereto and by this reference made a part hereof. Puritan - Bennet Corporation, a Delaware corporation BY CARLSBAD MUNIGIPAL WATER DISTRICT BY Dated fl9cl j 1490 (Attach Notary Ackowledgment) CMWD 89-C-311 2 ’ ‘. 239% Notary Acknowledgement for Lots 44 & 45, Carlsbad Research Center Unit No. 3, Map 11810 State of California 1 1 ss County of San Diego 1 On this IL\+- day of in the year 1990, before me, the undersig public in and for said state, personally appeared personally known to me (o on the basis 0; satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and corporation executed it. ;I ‘:yj?,ym,/,/ c,-,;, El;;3 [.-::‘.:Ty .. ._ --’ “‘,I ?,I)C.” ._ ; ,.,.> -:s-^ :,%;,; ;T.$, y.‘-‘c:: .-G-u-. _ ._ L _ a y--1.- ,p..,:-, .’ ^. ., -_” (Seal of Notary) State of California 1 1 ss County of San Diego 1 On this day of in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared personally known to me (or proved to me on the basis 0; satisfactory evidence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. (Signature of Notary) (Seal of Notary) CMWD 89-C-311 ‘. . 2399 . LOTS 44 & 45, CT85-24, UNIT 3, MAP 11810 PD 358; CMWD 89-C.311 JN 113/89/00; l/8/90 FF EXHIBIT A ALL THAT PORTION OF LOTS 44 AND 45 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11810, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: PARCEL A: BEGINNING AT A POINT AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 45, SAID POINT BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY OF FARADAY AVENUE, SAID POINT ALSO BEING A POINT ON A 1158.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID CURVE BEARS NORTH 5O 27'55" WEST; THENCE EASTERLY, 26.63 FEET ALONG SAiD RIGHT-OF-WAY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF I" 19'04" THENCE NO;ITH A RADIAL TO SAID CURVE BEARS NORTH 6O 46'59" 133~13'01" WEST; EAST, 123.82 FEET ALONG SAID RIGHT-OF-WAY TO A POINT ON A 742. 00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL TO SAID CURVE BEARS SOUTH 6O 46'59' EAST; THENCE EASTERLY 121.26 FEET ALONG SAID RIGHT-OF-WAY AND ALONG SAID CURVE THROUG;I A CENTRAL ANGLE OF 9* 21'50" TO THE TRUE POINT OF BEGINNING, A RADIAL TO SAID CURVE BEARS SOUTH 2O34'51' WEST; THENCE ALONG SAID CENTERLINE NORTH 2"34'51" EAST, 44.07 FEET TO POINT 'A'; THENCE NORTH 2'34'51" EAST, lS.09 FEET; THENCE SOUTH 90mOO'OO" WEST, 98.79 FEET; THENCE NORTH 0400'00" EAST, 204.00 FEET TO POINT 'B'; THENCE NORTH O" 00'00" EAST, 21i.50 FEET; THENCE SOUTH 90°00'00" EAST, 129.36 FEET TO POINT 'C'; THENCE SOUTH 9O"OO'OO" EAST, 100.14 FEET TO POINT 'D'; THENCE SOUTH 90"OO'OO" EAST, 270.50 FEET TO POINT 'E'; THENCE SOUTH 9O"OO'OO" EAST, 38.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL Al: BEGINNING AT THE AFORESAID POINT 'A'; THENCE SOUTH 87' 25'09" EAST, 59.95 FEET TO A POINT OF TERMINUS. ALSO PARCEL A2: BEGINNING AT THE AFORESAID POINT 'B'; THENCE SOUTH 90° 00'00" WEST, 20.50 FEET TO A POINT OF TERMINUS. 1 ,. ‘&.. 1 <- ’ * . 2400 ALSO PARCEL A3: BEGINNING AT THE AFORESAID POINT 'C'; THENCE NORTH O"00'00' EAST, 25.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL A4: BEGINNING AT THE AFORESAID POINT 'I)'; THENCE SOUTH 0'00'00' WEST, 27.00 FEET TO A POINT OF TERMINUS. ALSO PARCEL AS: BEGINNING AT THE AFORESAID POINT 'E'; THENCE NORTH OeOO'OO' EAST, 24.00 FEET TO A POINT OF TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LANDS SHALL BE LENGTHENED AND/OR SHORTENED AT ALL ANGLE POINTS so THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN IN SAID NORTHERLY RIGHT-OF-WAY OF FARADAY AVENUE, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT CENTERLINE TERMINUS. AREA OF DEDiCATLON, PARCELS A,Al,A?,A3,A4, AND AS: 18501.13 SQUARE FEET ALSO PARCEL B: BEGINNING AT A POINT AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 45, SAID POINT BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY OF FARADAY AVENUE, SAID POINT ALSO BEING A POINT ON A 1158.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID CURVE BEARS NORTH So 27'55" WEST; THENCE EASTERLY, 26.63 FEET ALONG SAID RIGHT-OF-WAY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1" 19 ' 04’1, A RADIAL TO SAID CURVE BEARS NORTH 6'46'59" WEST; THENCE NORTH 83'13'01" EAST, 123.82 FEET ALONG SAID RIGHT-OF-WAY TO A POINT ON A 742.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL TO SAID CURVE BEARS SOUTH 6O46'59" EAST; THENCE EASTERLY 359.46 FEET ALONG SAID RIGHT-OF-WAY AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27'45'24" TO THE MOST SOUTHEASTERLY CORNER OF SAID LOT 45, SAID POINT ALSO BEING THE MOST SOUTHWESTERLY CORNER OF SAID LOT 44, A RADIAL TO SAID CURVE BEARS SOUTH 20' 58'25" WEST; THENCE SOUTH 69"01'35" EAST, 76.05 FEET ALONG SAID RIGHT- OF-WAY TO THE TRUE POINT OF BEGINNING; THENCE NORTH 20' 58'25" EAST, 84.02 FEET; THENCE SOUTH 69*01'35" EAST, 72.94 FEET TO THE POINT OF TERMINUS. 2 I I s . . _- I, :r .’ THE SIDELINES OF THE HEREINBEFORE DESCRIBED PARCEL B, 15.00 FEET IN WIDTH SHALL BE LENGTHENED AND/OR SHORTENED AT THE ANGLE POINT so THAT SIDELINES SHALL BE CONTINUOUS AND SHALL BEGIN AT THE NORTHERLY RIGHT OF WAY OF FARADAY AVENUE, AND SHALL TERMINATE IN A LINE PERPENDICULAR TO SAID CENTERLINE AT CENTERLINE TERMINUS. AREA OF DEDICATION, PARCEL B: 2354.40 SQUARE FEET. ~~~~, ~~~~, $,$- ~ i -’ $,$- ~ i -’ ‘.“. , ,- : ‘.“. , ,- : If $ ;_: If $ ;_: .c- .,.‘5 1, .c- .,.‘5 1, . . :, . . :, ,.,*.. L.-.-, ,.,*.. L.-.-, --: : --: : . 1.. . 1.. -;:>u~ -;:>u~ *-:: . __. ;.; *-:: . __. ;.; r.. ‘-- r.. ‘-- ‘j ‘j ; --’ ., ‘- I ; --’ ., ‘- I :+, <- ‘. :+, <- ‘. r. r. ,,,;;::L; ,,,;;::L; z/3,/93 I: i,y z/3,/93 I: i,y vql&gjy vql&gjy /MYa CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12,'31/93 q 5cz5b9eE 59.95’ L'2i +S CT b'F-z+ ~N2’34’5l”E /S.OY’ /*/\;m’,iJ ii’& it? 90’00’0d’w 96 -79 ’ 1.5 i- L:7 . q 5 9O-Cd70”~ 270.50 m 5 9O’oo’odG N 20°58’25”F, 8k.02 7HLJE PO//V7 oFLL56/NN/N& -PTA P 7&U& PO/NT LZ=B~G~~/N/N& - fAA.B . . . /a///by ’ kz.wxv MP C~#,?~ES S. /$/4!fd A’.&!?. 23907 &47-S RE61STRA73LW E.lHh’ES /4/3/1SP ,.KAHR AND ASSOCIATES EXUjJ6/ 7- b’ 4401 MANCHESTER AVENUE, SUITE 107 f 075 44&45, C 7 85-24, flNi73, A@p //isjo ENClNITAS,CA. 92024 Ph: (619)632-1941 W/vlER L//v& EPSEflEN7 mv I f3/~7/00 crrwp s9-c,3J// 2403 This is to certify that the interest in real property conveyed by the Deed dated /'+jfit' 1 ---- , 1990, from PURITAN - BENNET, a Delaware corporation as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of the Carlsbad Municipal Water District on ---!!!!AY--!--.---------I 1990, and the Grantee consents to recordation thereof by its duly authorized officer. DATED m,qv 2 , 1990. CARLSBAD MUNICIPAL WATER DISTRICT By: I 1 c?B Aletha L. Rautenkranz, Secretfiry Carlsbad Municipal Water District CMWD 89-C-311 3 1 2 3 4 5 6 7 8 9 20 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 659 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATERLINE EASEMENT. WHEREAS, Puritan - Bennet Corporation, a Delaware corporation, have submitted a Waterline Easement conveying an easement to the Carlsbad Municipal Water District for waterline purposes over a portion of Lots 44 & 45, Carlsbad Research Center Unit 3, Carlsbad Tract 85-24, Map 11810; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it to be in the public interest to accept said Deed; 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 Grant Deed from Puritan - Bennet Corporation dated conveying an r]fiV 1, 1990 easement for waterline purposes over a portion of Lots 44 & 45, Carlsbad Research Center Unit 3, Carlsbad Tract 85-24, Map 11810 which is on file with the Carlsbad Municipal Water District and is incorporated herein by reference, is accepted. 3. That the Secretary of the Board is authorized to cause the original Deed to be recorded in the Office of the // // // // 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 County Recorder of San Diego County, State of California, with the appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Municipal Water District held on the 1st day of May I 1990 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Mamaux, Larson & Pettine NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, Secretarfy (SEAL) CMWD 89-C-311 CLAUDE A. LEWIS, President