The URL can be used to link to this page

Home My WebLink About1990-08-14; Municipal Water District; 040; Grant Deeds & Subordination Agreementse ~AdWD - AGENDA BILL A j 8. - - .“* ‘1’ ; r iai9 OCQQ TITLE: m.m ACCEPTANCE OF GRANT DEED I-- IEPT. ENG. 7 FOR WATERLINE PURPOSES - MADISON SOUARE-PHASE II, CMWD PROJECT NO. 89-C-293 RECOMMENDED ACTION: Adopt Resolution No. 678 -- accepting a Grant Deed and Subordination Agreement for Waterline purposes. ITEM EXPLANATION: Donald R. Swortwood and Letitia H. Swortwood, developers of Lot 17 of the subject project, have granted an easement as directed in the attached document. The easement is granted to the District for maintenance and operation of the water service to the' project. The subject project is located on the southwest corner of Palomar Airport Road and Camino Vida Roble. Engineering Staff has reviewed the Grant Deed and find it satisfactory for its intended purposes. FISCAL IMPACT Requiring dedications as a condition of water system improvements will save the District expenses in future easement acquisitions. EXBIBITS 1. Location Map. 2. A Grant Deed from Donald R. Swortwood and Letitia H. Swortwood dated q-5- 'ia . 3. Resolution No. 678 accepting a Grant Deed for waterline purposes. CMWD 89-C-293 ,. ‘. ~~aslmN Me -... -... - s-v ._.. _4..- 3 i ? 4 5 . E 'i f s 1C 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. - 678 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A WATERLINE EASEMENT. WHEREAS, Donald R. Swortwood and Letitia B. Swortwood, husband and wife as joints tenants, have submitted a Waterline Easement conveying an easement to the Carlsbad Municipal Water District for waterline purposes over a portion of Lot 17, Carlsbad Tract 80-38, Map 10198, Madison Square-Phase II; 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 Donald R. Swortwood and Letitia H. Swortwood dated July 5, 1990 conveying an easement for waterline purposes over a portion of Lot 17, Carlsbad Tract 80-38, Map No. 10198, Madison Square-Phase II 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 County // // // // // _- 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 14th day of August I 1990 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson, Mamaux and Pettine NOES : None ABSENT: None ATTEST : ALETHA L. RAUTENKRANZ, Secret&z-y (SEAL) CMWD 89-C-293 : ** ., s . -2i d 4 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]) RECORDING REQUEST BY AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 c Assessor's Parcel No. 213-092-11 Project Name & No. Madison Square-Phase II-Lot 17 CMWD Project No. 89-C-293 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT ., *’ 90 4?331jj .-_. __._ Tii___ : .. :- ‘:‘:‘. L. :-._i -I ___ . ‘ . ;:. : :_ ,;:- -3 : .-i_i .‘i”l -r* ii! Ef. 1 Q zz-~s .:i;z 1 J rei i +* 4 J : i +-: i -,.=. i 1.. : ;.:&rg; -’ :.~f*iy.;-.(;;-?I I.; i : L..-, 1 Board of Directors EASEMENT DONALD R. SWORTWOOD AND LETITIA H. SWORTWOOD, husband and wife as joint tenants, 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 r 1 : ’ ‘* -, h 2545 ., .: . 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 TEE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit 'lAVt and Exhibit r'Btt attached hereto and by this reference made a part hereof. DONALD R. SWORTWOOD AND LETITIA H. SWORTWOOD, husband and wife as joint tenants BY DaNALD R. SiORlWOOD I I 1 z& ’ ) qJ $A &j zr-J LETITIA H. SWORTWOOD Dated #y/L (Attach Notary Acknowledgment) CMWD 89-C-293 2 . ; I $14’6 This is to certify that the interest in real property conveyed by the Deed dated July 5 , 1990, from DONALD R. SWORTWOOD AND LETITIA Ii. SWORTWOOD, husband and wife as joint tenants, as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of the Carlsbad Municipal Water District on August 14 I 1990, and the Grantee consents to recordation thereof by its duly authorized officer. DATED d+y& 17 ‘ 1990. CARLSBAD MUNICIPAL WATER DISTRICT By: CMWD 89-C-293 3 ,. . (I. . r ., * Notary Acknowledgement .;I,, - Madison Square-Phase II, Lot 17 State of California County of San Diego 1 ss On this 5th day of July in the year 1990, before me, the undersigned, a notary public in and for said state, personally appeared DONALD R. SWORTWOOD, personally known tome ~x~~~u~fxXHXxj33Ze=b 3lizsisx~xs~-~~~~ to be the person whose name is subscribed to this instrument, and acknowledged that he executed it. ANITA L. WAD4 NOTARY PUBLIC - CAUFORNM (Seal of Notary) State of California County of San Diego i ss On this 5th day of July in the year 1990, before me, the undersigned, a notary public ix and for said state, personally appeared LETITIA H. SWORTWOOD, personally known to me ~~~~e~x~x~x~x~s~~~~~to be the person whose name is subscribed to this instrument, and acknowledged that she executed it. ($gnature of Notary) 89-C-293 4 1 - ,.), -- I I . $148. .- “.G. 3.5.sa- ,, . EXHIBIT "A" A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES: L I NE “A”* . ALL THAT PORTION OF LOT 17 OF C.T. 80-38 MAP NO. lo198 IN THE CITY OF CARLSBAD, RECORDED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEGINNING AT A 3/4" IRON PIPE MONUMENT WITH DISK STAMPED R.C.E. 18673 ON THE WESTERLY RIGHT OF WAY LINE OF PASEO DEL LAGO, SAID MONUMENT BEING THE COMMON CORNER OF LOTS 17 AND 20 OF SAID MAP, ALSO BEING A POINT ON A 213.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL To THE CENTER OF WHICH BEARS N 71”51’21” E; THENCE FROM SAID POINT OF BEGINNING SOUTHERLY ALONG THE ARC OF THE AFORESAID 213.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 21007'21" A DISTANCE 0F 78.52 FEET; THENCE LEAVING THE RIGHT 0F WAY LINE S 87"01'18" W 10.00 FEET TO POINT "A" ON THE CENTERLINE OF AN EXISTING 10' BY 12' WATERLINE EASEMENT AS SHOWN ON CARLSBAD TRACT NO. 80-38 MAP NO. 10198, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTER- LINE s 87"01'18~~ w 21.00 FEET ~0 POINT "B"; THENCE s 87'01'18~~ w 23.00 FEET; THENCE N 16"3g'32" W 97.42 FEET; THENCE N 61"39'32" W 148.62 FEET; THENCE N 28'20'281~ E is.92 FEET To A,PoINT OF TERMINUS. THE SIDELINES OF SAID 15.00 FOOT WIDE EASEMENT TO BE PROLONGED OR SHORTENED AT ALL ANGLE POINTS AND TO END ON THE WESTERLY LINE OF SAID EXISTING 12’ X 10” WATER EASEMENT. L I NE “8”: BEGINNING AT THE AFORESAID POINT “8”; THENCE ALONG SAID CENTERLINE S 2”58’42” E 7.5 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 2”58’42” E 17.50 FEET TO A POINT OF TERMINUS. L I NE “C”: BEGINNING AT A 3/4" IRON PIPE MONUMENT WITH DISK STAMPED R.C.E. 18673 ON THE WESTERLY RIGHT OF WAY LINE OF PASEO DEL LAGO, SAID MONUMENT BEING THE COMMON CORNER OF LOTS 17 AND 18 OF THE AFORESAID MAP NO. 10198; THENCE ALONG THE COMMON LOT LINES S 79"38'58" W 191.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE N 10”27’02” W 30.55 FEET TO A POINT OF TERMINUS. . CMWD 89-c-293 -> _-G.-_ir: ..: - . i%A?WiC JT..~ E : /*’ -’ /o-o /0213J4L / n ---+--id EX/s/T/?'x/O'MlER BL ut. NO 3 ( LOT Aa? /+‘/6”33’32%’ 0' .N , b--- /9/ 78’ ----Iv?TL. ! \ HENAY wORLEY ASS$$--E: cm,l”pI”mwa 0 y)(*m*o nncemwan.-u 1u - u -11, $79, trt.* ~l~-rn/7- ,/ CMWD 89-C. 293