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Home My WebLink About1990-09-18; Municipal Water District; 050; Acceptance of Grant Deed for Water Line Purposes&iiWD - AGENDA BILL - \--;’ ;c. - ’ Ii -Gz 0 40# @5’8 blTG.-!&k TITLE: ACCEPTANCE OF GRANT DEED ENG. FOR WATER LINE PURPOSES IEM. CMWD PROJECT NO. 90-104 RECOMMENDED ACTION: Adopt Resolution No. 68~ -- accepting a Grant Deed for Waterline purposes. . ITEM EXPLANATION: Carltas Company, 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 project. The subject project is located on the north side of Palomar Airport Road east of Paseo de1 Norte. The 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. EXHIBITS 1. Location Map. 2. A Grant Deed from Carltas Company dated August 16, 1990. 3. Resolution No. accepting a Grant Deed for waterline 686 purposes. CMWD 90-104 jmOCATlON MAP -\ PROPOikD FARM ROAD NEW WATERLINE EASEMEiiT : +a j73Z.Ln~‘~~“oI3 1%” S;T.hCL w, L, L 2 Km. LQT w AQUA L%YlmQmA II : MAP BJa &z3 c +------ -+ PALOMAR AIRPORT RD. - - i I - VICINITY M/V' PROJECT NAME: ‘PORTION of= LOT H, AQUA HEDIONDA QUIMARRA FARM ROAD & WATERLINE RELOCATION PROJ. NO. CMWD go-104 EXHIBIl I - RESOLUTION NO. 686 A RESOLUTION OF THE BOARD OF DIRECTORS OF ' THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING A GRANT DEED WHEREAS, Carltas Company, a California limited partnership, have submitted a Grant Deed conveying an easement to to the Carlsbad Municipal Water District for waterline purposes over a portion of Lot 'Ii' of the Ranch0 Agua Hedionda according to Map thereof No. 823 ; 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 for Carltas Company dated August 16, 1990 conveying an easement for water line purposes over a portion of Lot #Ii' of the Ranch0 Agua Hedionda according to Map thereof No. 823 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 office of the County Recorder /// ’ . 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 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 18th day of September I 1990 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson, Mamaux and Pettine NOES: None ABSENT: None ATTEST: ALETHA L. RAUT (SEAL) CMWD 90-104 , . . I,1 ’ ’ L 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: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 Assessor's Parcel No. 211-021-19 Project Name & No. 12" Waterline Relocation Palomar Airport Road CMWD Project No. 90-104 DOCUMENTARY TRANSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT Board of Directors EASEMENT CARLTAS COMPANY, a California limited partnership,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. NO FEE 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 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 "A" and Exhibit llBrl attached hereto and by this reference made a part hereof. CARLTAS COMPANY, a ,-California limited-partnership Dated By /' *r;L ," ,/'/'/$) CHRISTOPHER c.kcAGNS, Manager CARLSBAD MUNICIPAL WATER DISTRICT Dated 9/2?/9& By (Attach Notary Ackowledgment) CMWD 90-104 - This is to certify that the interest in real property conveyed by the Deed dated August --- 16, ------ , 199cI., from CARLTAS COMPANY, a California limited partnership, as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of the Carlsbad Municipal Water District on September 18 , 1990, and the Grantee consents to recordation thereof by its duly authorized officer. DATED September 21 , 1990. CARLSBAD MUNICIPAL WATER DISTRICT By: ALETHA L. RkJTENKRANZ, Secrebary Carlsbad Municipal Water District CMWD 90-104 .* - . r Notary Acknowledgment for 12 It Waterline Relocation P.A.R. State of 1 1 ss County of 1 On this day of a notary public in the year before me, the undersigned, in and for said state, personally appeared personally known to me (or proved to me on the basis ok satisfactory evidence) to be the person that executed this instrument, on behalf of the partnership and acknowledged to me that the partnership executed it. (Signature of Notary) (Seal of Notary) STATE OF CALIFORNIA } ss. 1 before me, the undersi personally appeared ggp&?$CiCY personally known to me (or proved to me on sfactory evidence) to be the person that executed the within instrument as Manager on behalf of Carltas Comnanv, a California Limited Partnership, the partnership therein named and acknowledged to me that the partnership executed it. WITNESS my Signature CMWD 90-104 4 QUIMARRA FARM ROAD CMWD 90-104 JN 100/88/03 5/8/90 FF REV. G/6/90 REV. 6/25/90 PARCEL A EXHIBIT A Page 1 of 2 ALL THAT PORTION OF LOT 'H' OF THE RANCH0 AGUA HEDIONDA ACCORDING TO MAP THEREOF NO. 823 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896 BEING A STRIP OF LAND 20 FEET IN WIDTH, LYING 10 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID LOT 'H', SAID POINT BEING AT THE POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF ROAD SURVEY NO. 1534, FILED IN THE U-FFICE OF THE COUNTY SURVEYOR OF SAID COIJNTY AND SHOWN ON RECORD OF SURVEY MAP NO. 5715 FILED IN THE OFFICE OF THE COUNTY RECORDER, DECEMBER 19, 1960; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF SAID ROAD SURVEY SOUTH 70'45'45" WEST (SOUTH 7OO45'53" WEST PER ROAD SURVEY NO. 1534, SOUTH 70" 46'53" WEST PER AN ACQUISITION EASEMENT DOCUMENT RECORDED SEPTEMBER 15,1988 AS FILE NO. 88-463309, O.R. HEREIN TO BE REFERRED TO AS DOCUMENT), 80.42 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF ROAD SURVEY NO. 1534 SOUTH 69°42'07" WEST, 391.54 FEET (SOUTH 69O43'15" WEST, 391.30 FEET PER SAID DOCUMENT) TO A POINT ON A 2313.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL TO SAID CURVE THROUGH SAID POINT BEARS NORTH ZO"17'53" WEST (NORTH 20'16'45" WEST PER SAID DOCUMENT); THENCE WESTERLY ALONG SAID CURVE 906.72 FEET THROUGH A CENTRAL ANGLE OF 22O27'38' (906.45 FEET THROUGH A CENTRAL ANGLE OF 22"27'14' PER SAID DOCUMENT) TO A POINT, A RADIAL TO SAID CURVE THROUGH SAID POINT BEARS NORTH 02" 09'45" EAST (NORTH OZ"10'29" EAST PER SAID DOCUMENT); THENCE LEAVING SAID SOUTHERLY R.O.W. LINE NORTH OZ"O9'45" EAST (NORTH OZ“10'29" EAST PER SAID DOCUMENT) ALONG SAID RADIAL, 63.00 FEET TO A POINT ON THE CENTERLINE OF SAID ROAD SURVEY NO. 1534, SAID POINT ALSO BEING THE CENTERLINE BEGINNING OF CURVE STATION 42t85.13 OF PALOMAR AIRPORT ROAD PER CITY OF CARLSBAD DRAWING NUMBER 283-7, AND CARLSBAD MUNICIPAL WATER DISTRICT DRAWING NUMBER 86-604; THENCE ALONG SAID CENTERLINE NORTH 87'50'15' WEST (NORTH 87" 50'28" WEST PER SAID ROAD SURVEY NO. 1534, NORTH 87'49'31" WEST PER CITY OF CARLSBAD DWG. NO. 283-7 AND C.M.W.D. DWG. NO. 86- 604), 283.48 FEET TO A POINT ON THE INTERSECTION OF SAID CENTERLINE OF ROAD SURVEY NO. 1534 AND THE CENTERLINE OF AN WS/FARM 1 Page 2 of 2 EXISTING 20.00 FOOT WIDE EASEMENT, RECORDED MAY 15, 1961 AS FILE NO. 83959, O.R.; THENCE LEAVING SAID CENTERLINE OF ROAD SURVEY NO. 1534 AND CONTINUING ALONG SAID CENTERLINE OF EXISTING 20.00 FOOT WIDE EASEMENT NORTH 05°27'46' EAST (NORTH 05'27'32" EAST PER SAID 20.00 FOOT WIDE EASEMENT), 55.09 FEET; THENCE LEAVING SAID CENTERLINE NORTH 42"50'15" WEST, 11.32 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF PALOMAR AIRPORT ROAD (126.00 FEET WIDE) AND ALSO BEING THE CENTERLINE OF SAID 20 FOOT WIDE STRIP OF LAND; THENCE ALONG SAID CENTERLINE NORTH 42O50'15" WEST, 36.94 FEET; THENCE NORTH 02OO9'45" EAST, 192.88 FEET; THENCE NORTH 47" 09'45" EAST, 8.68 FEET TO A POINT OF TERMINUS, SAID POINT OF TERMINUS BEING THE CENTERLINE OF SAID EXISTING 20.00 FOOT WIDE EASEMENT. THE SIDELINES OF SAID PARCEL A, 20.00 FOOT WIDE STRIP OF LAND TO 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 LINE OF PALOMAR AIRPORT ROAD, AND SHALL TERMINATE IN THE WESTERLY SIDELINE OF SAID C.M.W.D. 20.00 FOOT WIDE EASEMENT. AREA OF DEDICATION, PARCEL A: 4769.14 SQUARE FEET 7/33/b CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES 12/31/93 WS/FARM CMWD 90-104 2 sjO’45’45”W, ec3AZ’ (I )“45’53”W PER R.S. 1534) .~s70"4i1, “vr/ P&R PCQ.&SwT, FILE * El B , R--2313’ L=~OL.72’ A=~~e~7'38"tL_=90~.45'~5~L2027'1Y~ F’EARoL,) ~‘~~‘c~~~~~~j m N87O50’15”W, 28’3,ye: (N87”50’28”W PER R.S. 1534) ( tJ’87”49’31”W PER Dw6-ti,283-7,CMtuD -W&c I cl D N05”27’46”E, 55.09’ (N05”27’32”E PER CMWD DWG. 5527%21A) N42050’15”W, 11.32 N 04”40’57” W 234.82 ~42”50’15”W, 36.94 El (N 04”41’03” w PER CMWD DWG. 66-m+) cl G N02D09’45”E, 192.88’ I N47”09’45”E, 8.6 8’ -42 +s5. I3 PGR 'bWG.2S5--7, /Ijj+--$ P~RLEL’AI’ hii> BG-6'04 111 ;: ..- \ 2‘ \ TRUE POINT OF BEGINNING -- BEGINNING up3 w - MAP No. 823 I N02”09’45”E (N02”10’29”E PER DOCUMENT) D&-l-4lL A -- i NJ-5 ~CX.2o’ESEA;T.l?ZR. FIGS $33=)5ii,OJL ----- K PALOMH rZ R I R i’crx’r \XOhI7 5L PACIFIC OCEAN CHARLES S. KAHR RCE 23907 DATE REGISTRATION EXPIRES 12/31/93 VICINITY MAP Pf7-5 / KAHR AND ASSOCIATES j 4401 MANCHESTER AVENUE, SUITE 107 ’ ENCINITAS, CA. 92024 Ph: (619)632-1941 JN 100/88/03 8/9/90 “EXHIBIT 6” POR. OF LOT H, MAP NO. 823 :WATERLINE EASEMENT CMWD 90-104 PE 2.90.14 . LOCATION MAP -‘\ PROPOiED QUIMARRA FARM ROAD NEW WATERLINE EASEMENT fa?. j?E.LDCp;lSC> Iz“ c;KEf UJ, LI Pm. mu &I AQuA EmA li!!ilAP RD. 823 5 PALOMAR AIRPORT RD. -I__ -3. - - I r -+ % 3 Pi’? ; 9 ” r I- - I t- PROJECT NAME: . i=ORTION OF LOT H, AQUA HEDIONDA QUIMARRA FARM ROAD & WATERLINE RELOCATION -- PROJ. NO. CMWD go-104