HomeMy WebLinkAbout1992-01-28; Municipal Water District; 146; AUTHORIZATION OF SECRETARY TO ACCEPT EASEMENTS AND COVENANTS FOR EASEMENTS4B# 146 TITLE: AUTHORIZATION OF SECRETARY
MTG -EN+ j-d&- ‘2 TO ACCEPT EASEMENTS AND COVENANTS FOR EASEMENTS DEPT.
CARLSBAD lu - ‘KIPAL WATER DISTRICI. - .GENDA BILL
3ECOMMENDED ACTION:
Adopt Resolution No. "133 authorizing the Secretary to accept easements and covenants for easements required as a condition of development upon approval of the General Counsel and General Manager.
ITEM EXPLANATION:
Current state law requires that deeds or grants conveying any interest in or easements upon real property to a District shall not be accepted for recordation without the consent of the agency evidenced by a resolution of acceptance. The code further stipulates that the legislative body of a municipality can authorize an officer or agent to perform this function.
Current practice of the District is to present all grants of easements and covenants of easements to the Board of Directors for acceptance. The vast majority of these are standard form documents required by the development process and are ministerial in nature. The preparation, circulation and docketing of these items involves a minimum of three weeks to accomplish and considerable staff time.
The attached resolution would authorize the Secretary to accept and file such documents after review and approval by the General Manager and General Counsel. Approval of the resolution will streamline these actions which will assist in the provision of more timely and effective service.
The City Clerk presently serves as the Carlsbad Municipal Water District Secretary of the Board of Directors, and this process follows present City of Carlsbad procedure and practice.
FISCAL IMPACT:
Considerable time will be saved each year by implementation of this procedure.
EXHIBITS:
1. Resolution No. 333 authorizing the Secretary to accept easements and covenants for easements.
2. Draft Engineering policy on procedure for acceptance and recordation of easements and Covenants for Easements.
CARLSBAD MUNICIPAL WATER DISTRICT
ENGINEERING DEPARTMENT POLICY
NUMBER: SUBJECT: PROCEDURE FOR ACCEPTANCE OF
I
EASEMENTS AND COVENANTS FOR EASEMENTS
EFFECTIVE: I APPROVED BY: I BOB COATES, District Engineer
SUPERSEDES: I
PURPOSE
To establish a procedure for acceptance of easements and covenants for easements.
POLICY:
The following procedure shall be used when an easement or covenant for easement is required of a development:
1. Engineering Technician shall review plat and description and title report and verify title information including any required subordinations and required signatures. Engineering Technician then submits to Engineering Secretary to prepare Request for Approval of Acceptance of Easement or Covenant for Easement form, attaches the appropriate District approved standard form documents and submits them to Associate Engineer, Engineering Department.
2. Associate Engineer, Engineering Department, shall review documents to check accuracy of signatures and notary as .well as to verify that all necessary interests have been acquired. If documents are in order, Associate shall initial request form and submit it to the District Engineer.
3. District Engineer signs form and submits it to the General Counsel for approval.
4. General Counsel signs form and submits it to the General Manager for approval and transmittal to the Engineering Secretary for recordation.
5. Engineering Secretary then attaches a certificate of acceptance to the deed or covenant and submits the documents to the Secretary of the Board to complete. The Secretary returns the documents to the Engineering Secretary to submit the documents for recordation to County Recorder.
6. After return from the County Recorder, the original will be filed at the District Engineering Department and a copy will be forwarded to the City Clerk to enter on the City Register.
NOTE: Grants of fee title, deviations from the standard forms or
any requests for condition or limitations requires Board of Directors approval.
EXHlBlT ‘h”
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: i
Carlsbad Municipal Water District ; Engineering Department 1 5950 El Camino Real Carlsbad, California 92008
Space above this line for Recorder's use.
Assessor's Parcel No. Project Name & No.
DOCUMENTARY TWSFER TAX: None CARLSBAD MUNICIPAL WATER DISTRICT
AlethaL.Rautenkranz,Secretary Board of Directors
does hereby grant to CARLSBAD MUNICZBXC 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,
1 3/14/91 REV.
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EXHIBIT “A”
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 protective facilities 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 ease=& 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.
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EXHIBIT “A”
LOCATION OF THE EASEMENT:
The easement granted herein shall be located within and
upon the properties more particularly described in Exhibit nA1* and
Exhibit lrBrr attached hereto and by this reference made a part
hereof.
Executed by the GRANTOR this day of I 19-.
GRANTOR:
(name of grantor)
By: (sign here)
(title of signatory)
By: (sign here)
II (title of signatory)
APPROVED AS TO FORM: VICENT F. BIONDO, JR. GENERAL COUNSEL
By:
(Notarial acknowledgment of execution by GRANTOR must be attached.)
CMWD
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EXHIBIT “B”
90-1046-3
5/13/91
LEGAL DESCRIPTION
15' WATER EASEMENT
BEING A PORTION OF LOT 1 OF MAP NO. 10061, IN THE CITY OF CARLSBAD, RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON APRIL 15, 1981, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND BEING A 15.00 FOOT WIDE STRIP OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1, OF SAID MAP NO. 10061, THENCE ALONG THE NORTHERLY LINE OF SAID LOT, THROUGH A TANGENT 1398.50 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, HAVING A CENT= ANGLE OF 5O 34' 49" AN ARC DISTANCE OF 136.21 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 62' 30' 06" WEST, 51.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE SOUTH 27' 29' 54" EAST, 35.00 FEET; THENCE NORTH 62' 30' 06 EAST, 117.55 FEET; THENCE SOUTH 27' 29' 54" FAST, 19.37 FEET; THENCE SOUTH 00" 33' 58" WEST, 145.86 FEET; THENCE NORTH 89' 26' 02" WEST, 24.50 FEET, THENCE NORTH 00' 33' 58" EAST, 15.00 FEET; THENCE SOUTH 89' 26' 02" EAST, 9.50 FEET; THENCE NORTH 00' 33' 58" EAST, 127.12 FEET; THENCE NORTH 27' 29' 54" WEST, 0.62 FEET; THENCE SOUTH 62' 30' 06" WEST, 67.54 FEET; THENCE SOUTH 00' 33' 58" WEST, 5.67 FEET; THENCE SOUTH 62" 30' 06" WEST, 5.00 FEET; THENCE NORTH
27' 29' 54" WEST, 5.00 FEET; THENCE SOUTH 62O 30' 06" WEST, 153.34 FEET; THENCE SOUTH 27' 29' 54" EAST, 10.70 FEET; THENCE SOUTH 62"
30' 06" WEST, 15.00 FEET; THENCE NORTH 27' 29' 54" WEST, 25.70 FEET; THENCE NORTH 62O 30' 06" EAST, 126.00 FEET; THENCE NORTH 27' 29' 54" WEST, 35.00 FEET TO SAID NORTHERLY LINE; THENCE ALONG SAID NORTHERLY LINE, NORTH 62O 30' 06" EAST, 15.00 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 6,935.21 SQUARE FEET OR 0.16 ACRES OF LAND MORE OR LESS.
SHEET 1 OF 1 C.M.W.D. 90-C 339
SCALE:
I
111 = 40'
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EASEMENT DATA
BEARING
S 27' 29' 54" E
N 62O 30' 06" E
S 27O 29' 54" E
S OO" 33' 58" W
N 89" 26' 02" W
N oo" 33' 58" E
S 89O 26' 02" E
N OO" 33' 58" E
N 27' 29' 54" W
S 62O 30' 06" W
S OO" 33' 58" W
S 62O 30' 06" W
N 27O 29' 54" W
S 62' 30' 06" W
S 27' 29' 54" E
S 62O 30' 06" W
N 27O 29' 54" W
N 62O 30' 06" E
N 27O 29' 54" W
N 62O 30' 06" E
EXHIBIT “B”
DISTANCE
35.00'
117.55'
19.37'
145.86'
24.50'
15.00'
9.50'
127.12'
0.62'
67.54'
5.67'
5.00'
5.00'
153.34'
10.70'
15.00'
25.70'
126.00'
35.00'
15.00'
EXHIBIT “B” t 4
SITE
:.Mw.D. JO-C! 339
EQUESTED BY: XKXT BPIC6s/Kc1r BIXCX
672 IIILLIKPI 111101
VIII, CA 12714
WATER MAIN EASEMENT
CITY OF CARLSBAD
PREPARED BY: APPROVED BY:
JEFFREY L. MITCHELL CITY Effi@km4
O’DAY CONSULTANTS R.C.E. 35134
SHT. 1 OF 1’ SHTS,
A.PJ& 213-061-13
’ DAE MAY 3,/99/
EXHIBIT “C” LOCATION MAP:
T N VICINITY MAP
NO SCALE
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PROJECT NAME. FJROJ. NO. EXHIBIT .
CREEKSIDE BUSINESS PARK am? 9PC339 I -
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RESOLUTION NO. 773
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD, CALIFORNIA, AUTHORIZING THE SECRETARY TO ACCEPT AND CONSENT TO RECORDING OF EASEMENTS AND COVENANTS FOR EASEMENTS UPON APPROVAL OF THE GENERAL MANAGER AND GENERAL COUNSEL.
WHEREAS, Section 27281 of the Government Code requires
that deeds or grants conveying any interest in or easement upon
real property to a political corporation or governmental agency for . public purposes shall not be accepted for recordation without the
consent of the grantee, evidenced by its certificate or resolution
of acceptance attached to or printed on the deed or grant, and
WHEREAS, the Government Code further provides that an
officer or agent of the legislative body of a municipality can be
authorized to accept and consent to filing of such documents for
recordation if such authority is -granted by a resolution of the
legislative body, and
WHEREAS, the Board of Directors has determined to
delegate that authority under certain conditions to the General
Manager and General Counsel.
NOW, THEREFORE, BE IT HEREBY 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 General Counsel and General Manager are
authorized to jointly approve the acceptance of easements and
covenants for easements required as a condition of development
provided they are properly executed on the approved standard form
attached as Exhibits A through D.
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3. That the Secretary is authorized to accept and
2 consent to recordation of easements and covenants for easements
3 upon approval by the General Counsel and General Manager.
4 PASSED, APPROVED AND ADOPTED at a regular meeting of the
5 Carlsbad Municipal Water District held on the 28th day of
6 January , 1992 by the following vote, to wit:
7 AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard
8 NOES: None
9 ABSENT: None
10
11 ATTEST: 12 & 13 ALETHA L. RkTENKRANZ, Secretahy
14 (SEAL)
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