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HomeMy WebLinkAbout1993-11-16; Municipal Water District; 226; Grant Deed Conveying EasementsAB # .-&$!&I TITLE: ACCEPTANCE OF GRANT DEED CONVEYING MTG. 11/16/93 WATER/SEWER/ACCESS EASEMENTS TO CMWD CMWD ACROSS A PORTION OF PARE SITE IN DEPT. POINSETTIA COMMUNITY PARE, CMWD 92-601 RECOMMENDED ACTION: CARLSBAD - JNICIPAL WATER DISTRICT -AGENDA BIL Adopt Resolution No. 85% accepting a Grant Deed conveying water/sewer/access easements to Carlsbad Municipal Water District across a portion of park site in Poinsettia Community Park, CMWD Project No. 92-601 and authorizing the secretary to record an acceptance of the deed. ITEM EXPLANATION The City of Carlsbad has approved the granting of water/sewer/access easements to the District for a future sewer lift station, access road and sewer lines to serve the park and properties bordering the park. The easements are granted to the District for maintenance and operation of the system. The contours of the drainage basin cause the wastewater flows to flow towards the west border of the park. Building a lift station in this location will eliminate two future lift stations saving future maintenance costs. The subject project is located north of Palomar Airport Road on the east side of Paseo de1 Norte between Palomar Airport Road and Camino de Las Ondas. Engineering Staff has reviewed the Grant Deed find it is satisfactory for its intended purposes. FISCAL IMPACT Requiring dedications as a condition of wastewater system improvements will save the District expenses in future easement acquisitions. EXHIBITS 1. Location Map. 2. A Grant Deed from the City of Carlsbad conveying water/sewer/access easements to the Carlsbad Municipal Water District dated November 22, 1993 1993, across a portion of park site in Poinsettia Community Park, CMWD Project No. 92-601. 3. Resolution No. %S$ accepting a Grant Deed conveying water/sewer/access easements to the Carlsbad Municipal Water District across a portion of park site in Poinsettia Community Park, CMWD Project No. 92-601. 4. Certificate of Acceptance of Deed. CMWD 87-C-219 d PALOMAR AIRPORT ROAD/ - I-cl \ NORTE PARK SITE CAMINO DE LAS ONDAS POINS TTIA LANE - VICINITY MAP NOT TO SCALE CARLSBAD MUNICIPAL WATER DISTRICT STED IN : CITY CF CARLSBAD SEssm’s PARCEL No. pRocECT No. 14-la-13, 23 & 39 C.M.W.D. 92-601 VICINITY MAP DATE : O/ca/QS I SkILET 1 # 5 -, . CROm MUD df?i'ON Is --w-m ASSOC . -IL- -u- I EXHIBIT B’ RANcHo AQUA HED~oNDA MAP NO. 828 N20’51’41’W N69’08’14’E N26’55’37.W r’:’ -SCALE $!j 1’400 L.2 m INXCATES PKPOSEO \ SEWBZANDWATBZEA~ PALxxl A = 0.282 AC . \ INIICATES PROPOSED ml-- \\ PARCaB=OmAC -- INXCATES PARK BCXNDARY CARLSBAD MUNICIPAL WATER DISTRICT VESTED IN : EASEbENT PLAT CITY Of CAftSBAD ’ MTE : e/02/os seEr2oFS~ kS=‘s f%RCEL No. PRtXCT NO. CRO-AD B br Assoc. 214-140-13, 23 k 30 C.M.W.D. 92-601 m---m #mar-yvmlmrr UamaoAI mm -Wm. _ _. LNE DATA CIRVE DATA NO. BEARNC DISTANCE NO. RADUS DELTA ARC TAN Ll N64’08’lTE 28.21’ Cl 142.50’ 07’27’35’ 25.06’ 12.55’ L2 N20’51’41W 15.00’ 13.53’ ) c2 207.50’ 07’27’35’ 27.02’ L3 N64’08’14’E 34.91’ L5 NB7’56’13’W 63.67’ L6 N07’56’13W 67.26’ INXCATES PFZCPOSEO 1 L7 1 N36.57’15’E 1 33.50’ SEwmEA- PARCEL C l 0.514 AC. &&7.., - e.6. Q- I . -F INDICATES PARK BOLNXRY b “0 : \ ‘:Kp-, b b : \ \:v. \ 3 ‘.I. ‘$ 1 \ &o; \ @. ‘.‘. ta \ \ $ ‘: \j z /. Y/ .:. s /// d - J pi$ ‘p, ::. - ‘_ -0 0 ‘.‘. . *’ t!@’ . . :. p +y ‘. :: 6 $ .I:_ * If h e rc’ .: 3 tI . ; :: N p I:, y 1.1 ,N05’23’4BW i I I . I I / ! ‘I Ii ! I i i CARLSBAD MUNICIPAL WATER DISTRICT STED IN : EASEMEN’. _ __ _ _ 7’ PLAT Cl TY CF CARLSBAD DATE : e/os/os sEErS#b sEsscR'sPARcaMl. PftosCTNo. cRo9w DAD N & A33QC . ~14-140-15, 23 & 39 C.M.U.D. 92-601 ----IIUIOI - = - w-%!Fe-. - u - -- N l/4 COR SEC21 P.O&- PAR. F RANCH0 AQUA HEDIONDA MAP NO. 828 PART 7 -I%?6 R4W e.0.M. +- NB9’27’10’W 1847.91 \S’LY LINE 83.A.~. INDICATES PROPOSE0 L7 WATW EAsEMacT PAReeLF 1 IPQICATES PROPOSED i;3 4r PARCa D l 0.195 AC. - - - M IN>ICATES t&i PARK BOUSARY 6 g p’ in: 2-l Tl28 R4W B.B.M. ’ 2 BEG. I Lll Neb9’18’16W I 123.44’ I .CII- LHE DATA NO. 1 BEARNC 1 DISTANCE ] L2 N45’00’00 W 14.69’ L3 N09’11’34 w 12.51’ . L4 NOO’42’ll’E 13.00’ L5 NBCT11’34 W 1406’ L6 N45’00’00 W 14.68’ L? NBql8’16W 117.83’ I La1 \ NOO’41’44’E 1 15.00’ I L9 1 NO0’42’11’E 1 24.71’ LlO 1 N89’27’10W 1 34.00’ PARCEL 2 P.M No. OlaB CARLSBAD MUNICIPAL WATER DISTRICT STED IN : CITY OF CARLSBAD sEssclR’s PARM No. 214-140-13. 23 L 39 C.Y.W.D. 92-601 EASEMENT PLAT DATE : o//02/93 sizT4#5 YE & Assoc. ---W-B rrruma$qmm uuyn- EM-WIT ‘8’ RANCH0 AQUA HEDIONDA MAP No. 823 BEG, 21 112s R4W 8.B.M. P.OR PARcasUE1 N84’27’10’W 1847.91’ / NB4’18’1LS’w 420.25 rpx>al " ‘s PARcaU PARCa CI - 0.270 AC. INDICATES PROPOSED I-j-mm PARca I l o.o4fc - - - - INXCATES PARK BouaARY CURVE DATA NO. RADUS Cl 112.23’ c2 127.23’ c3 250.00’ DELTA 50’52’52’ 50’58’32’ 25’12’21’ ARC 4466’ 113.20’ 10948 LM DATA CARLSBAD MUNICIPAL WAJER DISJF HCJ ZSTED IN : CITY OF CARLSAD ~~SsoR’s pAf?El M). f’ROXCT No. 214-140-13. 23 k 39 C.Y.W.D. 92-601 EAS EMENT PLAT SkEETSOf N & ASSOC . n---m -IL’ “1 lFLL -aA- PLEASE RECORD THIS DOCUMENT AT 1 NO FEE AS IT IS TO THE BENEFIT 1 OF THIS DISTRICT (GOV. CODE [6103]) ) RECORDING REQUESTED BY AND ; WHEN RECORDED, PLEASE MAIL TO: 1 Carlsbad Municipal Water District ; Engineering Department 5950 El Camino Real .yl-+a .\ ,..I., .,,,, Carlsbad, California_q_9\200~~~'~~\ ;o i ,*,6-c 1, f'. i )‘iz> >,* i r-. ‘,!j' ~*LL4 ‘4; ,&$(gyy&3 p,\ ?Y":i '-Space' abo*ye* this line for y.y& $ ,. " .le, Recorde<J,,y use. '.I. j Assessorvs Parr-e1 No. 214-140-13, 23 & 39 .* '.l Project Name '&.NF* POINSETTfA~'COMMUNITY PARK+*' . . I. : \ ,(5 cc CMWD PROJECT NO. 92-601 '. 8 '::.,:,?'j' .A) ,.* 4, '! fj p?y: i . DOCUMENTARY TRANSFER $ TAT: None ,., ). '. '2% ';,. .! t .I 6 :, . .i 5.8 CARLSBAD MUNICIPAL ,' $ 4 WATER DISTRICT i .k.+! i ' / i ..; p :i,,, Jo..."_'* __,,. ~ !, . . . -.*. *& -_ .* (*. P ., ." '+.e~ " :? *txp4+ ,, r .._^,,' a'". ,, . ..' “ WATER AND WASTEWATER EASEMENT ' $ .' .: ,. i; E, :: )I, CiCTY OF CARLSBAD,j'a'municipal corporation ,,r ! i .~ :>, i,* .' '? . '. r-,?,. J..: "': .~' II. .,_._.,_,- ci'.. j "" 'Y, : _I ,a , 'l“.:'. (I .',‘ :;. ,. r, does hereby gral;tl,to,CARLSBAD'MUNICIPAL WATER.xDISTRICT, a Public \i .' >.l 0% Agency organized in the;'StateZof California, its successors and i 1 ;; ; ;‘ : ' i assigns, an easement. 3. 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 and wastewater, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and 1 lO/ZO/93 Rev. 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 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 wastewater 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 s,aid 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. /// /// /// /// /// /// /// /// /// 2 1 O/20/93 Rev. 10 11 12 13 14 15 16 17 .l8 19 20 2.1 22 23 . 24 25 26 27 28 LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit '*AI@ and Exhibit lrBll attached hereto and by this reference made a part hereof. Executed by the GRANTOR this 22nd day of NOVEMBER I 192. GRANTOR: CLAUDE A. LEWIS. Mavor (title of signatory) ATTEST: By: (sign here) ALETHA L. RAUTENKRAWZ, City Clerk (title of signatory) (SEAL) APPROVED AS TO FORM: RONALD R. BALL GENERAL COUNSEL D+uty General @bunsel CMWD 92-601 10/20/93 Rev. EXHIBIT “FI” PARCEL “0” - SEWER C\ND WATER EF\SEMENT THFlT PORT ION OF THE WEST HfiLF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNCIRDINO MERIDIAN, ACCORDING TO OFFICIAL PLC\T THEREOF ClND LOT B OF CaRLSBCID TRC\CT NO. 72-23, HAP NO. 7683, IN THE CITY OF CARLSBF\D, COUNTY OF SAN DIEGO, STCITE OF CRLIFORNIA, DESCRIBED CIS FOLLOWS: BEGINNING CIT THE NORTH OUCIRTER CORNER OF SC)ID SECTION 21, SCIID POINT BE ING ON THE SOUTHERLY L I NE OF RANCH0 CIGUa HEDI ONDFI , CIS ESTABLISHED BY DECREE UNDER SUPERIOR COURT CnSE NO. 168201 THENCE ALONG SFIID SOUTHERLY LINE, NORTH 89’27’10” WEST 1847.91 FEET TO THE NORTHWEST CORNER OF SL)ID LOT B OF SAID TRACT NO. 72-23, MAP NO. 76831 THENCE ALONG THE WESTERLY LINE OF SAID LOT B; SOUTH 24’02’01” EKiT 358.23 FEET (RECORD SOUTH 24’01’34” 357.96 FEET PER SCIID MOP NO. 7683 1; THENCE SOUTH 63’04’23” WEST 30.00 FEET f RECORD SOUTH 63’04’50” WEST) TO A POINT ON THE NORTHEOSTERLY RIGHT-OF-Way LINE OF PASEO DEL NORTE (FORMERLY LOWDER LhNE ) AS SHOWN AND DEDICATED ON SAID MAP NO. 7683: THENCE ALONG SAI D NORTHEASTERLY R 1 GHT-OF-WF)Y LINE, SOUTH 26’55’37” EF\ST 524.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SCIID RIGHT-OF-WAY LINE, SOUTH 68’30’09” EAST 21.11 FEET; THENCE NORTH 69.55’19” EAST 301.64 FEET; THENCE NORTH 11’01’24” WEST 146.35 FEET; THENCE NORTH 69’OE’ 19” ECIST 25.37 FEET : THENCE SOUTH 11’01’ 24” ECIST 172.02 FEET: THENCE SOUTH 69’55’19” WEST 322.76 FEET; THENCE SOUTH 21’29’50” WEST 15.03 FEET TO SAID NORTHEaSTERLY RIGHT-OF-Way LINE OF SAID P&SE0 DEL NORTE (FORMERLY LCIWDER LANE); THENCE ALONG SCIID NORTHEASTERLY RIGHT-OF- WCIY LINE, NORTH 26*55”37” WEST 50.62 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.282 CICRES MORE OR LESS. PARCEL “B” - SEWER EASEMENT THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, ShN BERNCIRDINO MERIDIC\N, ACCORDING TO OFFICICIL PLCIT THEREOF, IN THE CITY OF CARLSBC\D, COUNTY OF SC\N DIEGO, STCITE OF CALIFORNIA, DESCRIBED FIS FOLLOWS: BEGINNING AT THE NORTH GUC\RTER CORNER OF SC\ID SECTION 21, SC\tD POlNT BE I NG ON THE SOUTHERLY LINE OF RANCH0 F\GUcI HEDI ONDCI , ESTaBLISHED BY DECREE UNDER SUPERIOR COURT C&SE NO. 16820: THENCE &LONG SCIID SOUTHERLY LINE NORTH 89’27’10” WEST 1268.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SCIID SOUTHERLY LINE, SOUTH 34 ‘49’02” WEST 23.55 FEET; THENCE SOUTH 00’41’44” WEST 253.19 FEET: THENCE SOUTH 05’22’45” WEST 148.13 FEET; THENCE SOUTH 36’07’19” EFIST 153.94 FEET TO A POINT, SAID POINT HEREINOFTER DESlGNaTED POINT “FI” 8 THENCE SOUTH 20’51’ 41” ECIST 15.00 FEET 1 THENCE SOUTH 69.08’19” WEST 14.64 FEET; THENCE NORTH 11’01’24” WEST 7.24 FEET: THENCE NORTH 36’07’19” WEST 163.68 FEET; THENCE NORTH 05’22’45” EFlST 153.20 FEET8 THENCE NORTH 00’41’44” EAST 257.18 FEET; THENCE NORTH 34’49’02” EAST 17.93 FEET TO A POINT ON SAID SOUTHERLY BOUNDARY OF SF~ID RaNcHo AGUES HEDI ONDA: THENCE 63~0~G sAI t7 SOUTHERLY LINE, SOUTH 89’ 27 ’ 10” EAST 19.15 FEET TO THE TRUE POINT OF BEGINNING. S0ID PARCEL “B” CONTAINS 0.205 KRES MORE OR LESS. PARCEL “C” - SEWER EASERENT BEGINNING AT POINT “A” AS DESCRIBED IN PARCEL “B” HEREIN: THENCE NORTH 69’08’19” EAST 34.91 FEET TO THE BEGINNING OF A NON-TANGENT 247.50 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 36’59’37” WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 48’12’29” A DISTANCE OF 208.24 FEET TO THE BEGINNING OF A. REVERSE 192.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY( THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 83’55’12” A DISTANCE OF 201.95 FEET; THENCE NORTH 07 l 28 ’ 38” WEST 15.47 FEET TO A POINT ON THE ARC OF A NON-TANGENT 207.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 73’47’42” EAST, SAID POINT HEREINAFTER DESIGNATED POINT *I * 0, ; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85’00’34” A DISTANCE OF 307.87 FEET TO THE BEGINNING OF A REVERSE 232.50 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO S&ID POINT BEARS NORTH 11’12’52” EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 47’07’55” A DISTANCE OF 191.26 FEET; THENCE SOUTH 18’51’52” EAST 308.00 FEET; THENCE SOUTH 02’03’47” WEST 245.43 FEET; THENCE SOUTH 87’56’13” EAST 63.67 FEET TO THE BEGINNING OF A 192.50 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF MID CURVE THROUGH A CENTRAL ANGLE OF 07’27’35” A DISTANCE OF 25.06 FEETT THENCE TANGENT TO SAID CURVE NORTH 84’36’12” EAST 269.40 FEET; THENCE SOUTH 05.23’48” EAST 15.00 FEET; THENCE SOUTH 84’36’12” WEST 269.40 FEET TO THE BEGINNING OF A 207.50 FOOT RADIUS-CURVE CONCAVE NORTHERLY: THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07’27’35” A DISTANCE OF 27.02 FEET; THENCE NORTH 87.56’13” WEST 67.26 FEET; THENCE SOUTH 36’57’15” WEST 33.50 FEET TO A POINT ON THE NORTHERLY LINE OF PARCEL 2 OF PARCEL MAP NO. 6136; THENCE ALONG SAID .NORTHERLY LINE OF SAID PARCEL 2, NORTH 89’27’37” WEST 18.64 FEET; THENCE LEAVI.NG SAID NORTHERLY LINE, NORTH 36’57’15” EAST 46.12 FEET1 THENCE NORTH 02’03’47” EAST 247.80 FEET; THENCE NORTH 18’51’ 52” WEST 302.94 FEET; THENCE SOUTH 69.08’19” WEST 28.21 FEET: THENCE NORTH 20*51’41” WEST 15.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL “C” CONTAINS 0.514 ACRES MORE OR LESS. PARCEL “D” - SEWER EASEllENT BEGINNING AT POINT “B” AS DESCRIBED IN PARCEL “C” HEREIN, SAID POINT BEING ON THE ARC OF A NON-TANGENT 207.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 73.47’42” EAST; THENCE LEAVING THE ARC OF SfiID CURVE, SOUTH 87’20’30” EAST 220.70 FEET; THENCE SOUTH 78’15’14” EAST 144.15 FEET TO THE BEGINNING OF A 192.50 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SFIID CURVE THROUGH A CENTRAL ANGLE OF 11’03’02” A DISTANCE OF 37.13 FEET; THENCE SOUTH B9’1B’16” EAST 163.25 FEET; THENCE SOUTH 00’41’44” WEST 15.00 FEET; THENCE NORTH 89’18’16” WEST 163.25 FEET TO THE BEGINNING OF A 207.50 FOOT RCIDIUS CURVE CONCAVE NORTHERLY: THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11’03’02” A DISTANCE OF 40.02 FEET T THENCE NORTH 78’15’14” WEST 142.94 FEET1 THENCE NORTH 87’28’38” WEST 223.82 FEET TO A POINT ON THE ARC OF A NON-TANGENT 207.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 69.29’19” EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04’18’23” 69 DISTANCE OF 15.60 FEET TO THE POINT Of= BEGINNING. SfiID PARCEL “D” CONTAINS 0.195 ACRES MORE OR LESS. 2 PARCEL “E” - WATER EASEMENT THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE. NORTH QUARTER CORNER OF SAID SECTION 21, SAID POINT BEING ON THE SOUTHERLY LINE OF RANCH0 AGUA HEDIONDA, AS ESTABLISHED BY DECREE UNDER SUPERIOR COURT CASE NO. 168201 THENCE ALONG SAID SOUTHERLY LINE, NORTH 89’27’ 10” WEST 34.00 FEET TO A LINE PARALLEL WITH AND 34.00 FEET WESTERLY OF THE NORTH-SOUTH CENTEALINE OF SAID SECTION 21, THENCE ALONG SAID PARALLEL LINE, SOUTH 00’42’11” WEST 24.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00’42’11” WEST 15.00 FEET; THENCE LEAVING SAID PARALLEL L I NE, NORTH 89’11’34” WEST 19.06 FEET{ THENCE NORTH 49’00’00” WEST 14.68 FEET; THENCE NORTH 89’18’16” WEST 117.83 FEET; THENCE NORTH 00’41’44” EAST 15.00 FEET1 THENCE NORTH 89’18’16” WEST 123.94 FEET; THENCE SOUTH 45’00’00” EAST 14.69 FEET: THENCE SOUTH 89’11’34” EAST 12.94 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL “E” CONTAINS 0.052 ACRES MORE OR LESS. PARCEL “F” - WATER EASEMENT THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORPING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 21, SAID POINT BEING ON THE SOUTHERLY LINE OF RANCH0 AGUA HEDIQNDA, AS ESTABLISHED BY DECREE UNDER SUPERIOR COURT CASE NO. 16020; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89’27’10” WEST 34.00 FEET TO A LINE PARALLEL WITH AND 34.00 FEET WESTERLY OF THE NORTH-SOUTH CENTERLINE OF SAID SECTION 21, THENCE ALONG SAID PARALLEL LINE, SOUTH 00’42’11” WEST 446.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00’42’ 11” WEST 10.00 FEET1 THENCE LEAVING SAID PARALLEL LINE, .NORTH 89.17’49” WEST 10.00 FEET; THENCE NORTH 0’42’11” EAST 10.00 FEET; THENCE SOUTH 89’17’49” EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL “F” CONTAINS .002 ACRES MORE OR LESS. PARCEL “G” - WATER EASEMENT THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS, BEGINNING AT THE SOUTH QUARTER CORNER OF SA.ID SECTION 21, THENCE ALONG THE NORTH/SOUTH CENTERLINE OF SAID SECTION 21, NORTH 0’42’11” EAST 1124.13 TO THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP NO. 6136; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2, NORTH 89’27’37” WEST (SOUTH 89’40’20” EAST PER PARCEL MAP NO. 6136) 34 .OO FEET TO A LINE PARALLEL WITH AND 34.00 FEET WESTERLY OF THE NORTH- SOUTH CENTERLINE OF SAID SECTION 21, THENCE ALONG SAID PARALLEL LINE, NORTH 00*42’11” EAST 529.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID PARALLEL LINE, NORTH 89’32’38” WEST 151.00 FEET: THENCE NORTH 00’42’11” EAST 15.00 FEET: THENCE NORTH 89’32’38” EAST 83.67 FEET; THENCE NORTH 00’41’44” EAST 115.04 FEET1 3 THENCE NORTH 69’17’49” WEST 34.16 FEET1 THENCE NORTH 00’41’ 44" EAST 15.00 FEET; THENCE SOUTH 69’ 17 * 49” EAST 49.16 FEET1 THENCE SOUTH 00’41’44” WEST 129.97 FEET; THENCE SOUTH 89’32’38” EAST 52.33 FEET TO A POINT ON THE NORTH/SOUTH CENTERLINE OF SAID SECTION 21; THENCE ALONG SAID NORTH/SOUTH CENTERLINE, SOUTH 00'42'11" WEST 15.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL “G” CONTAINS .109 ACRES MORE OR LESS. PARCEL “H” - ACCESS EASEHENT THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF AND LOT 8 OF CARLSBAD TRACT NO. 72-23, MAP NO. 7683, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 21, SAID POINT BEING ON THE SOUTHERLY LINE OF RANCH0 AGUA HEDIONDA, AS ESTABLISHED BY DECREE UNDER SUPERIOR COURT CASE NO. 16820; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89’27’ 10" WEST 857.48 FEET; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 00’32’50” EAST 22.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45’00’00” EAST 10.68 FEET; THENCE SOUTH 00*41’44” WEST 5.54 FEET; THENCE SOUTH 45’41’44” WEST 7.07 FEET; THENCE NORTH 89’18’ 15” WEST 5.68 FEET; THENCE NORTH 45’00’00” WEST 4.30 FEET; THENCE NORTH B9’1B.15” WEST 420.25 FEET TO THE BEGINNING OF A NON-TANGENT 112.23 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50’52’ 52” A DISTANCE OF 99.66 FEET TO THE BEGINNING OF A NON-TANGENT 170.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS, NORTH 51’41’12” WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79’24’04” A D!STANCE OF 235.59 FEET; THENCE SOUTH 48’54’43” WEST 15.00 FEET TO A POINT ON THE ARC OF A 185.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS, SOUTH 58’54’43” WEST: THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79’28’00” A DISTANCE OF 256.59 FEET TO THE BEGINNING OF A NON-TANGENT 127.23 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS, NORTH 50’09’33” WEST i THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50’58’32” A DISTANCE OF 113.20 FEET; THENCE SOUTH B9’lB’ 15” EAST 426.32 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL “H” CONTAINS ,270 ACRES MORE OR LESS. PARCEL ” I” - SEWER EASEHENT THAT PORTION OF THE WEST HALF OF SECTION 21, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF AND LOT B OF CARLSBAD TRACT NO. 72-23, MAP NO. 7683, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 21, SAID POINT BEING ON THE SOUTHERLY LINE OF RANCH0 AGUA HEDIONDA, AS ESTABLISHED BY DECREE UNDER SUPERIOR COURT CASE NO. 16020; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89’27’10” WEST 1286.32 FEET; THENCE LEAVING SAID SOUTHERLY LINE, ALONG THE WESTERLY LINE OF PARCEL “8” DESCRIBED HEREIN, SOUTH 34.49’02” EAST 17.93 FEET; THENCE SOUTH 00.41’ 44” WEST 257.18 FEET; THENCE SOUTH 05’22’45” WEST 22.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 05.22’45” WEST 105.43 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAl D PARCEL “B” , SOUTH 89’05’ ,19” WEST 14.24 FEET TO A POINT ON THE 4 ARC OF A 290.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS, NORTH 74’07’04” EAST ; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25*12’21” A DISTANCE OF 109.98 FEET1 THENCE NORTH 48’54’43” EAST 15.00 FEET’; THENCE SOUTH 89’30’13” EAST 64.85 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL “I” CONTAINS .104 ACRES MORE OR LESS. SEE EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. THE PARCELS DESCRIBED ABOVE ARE COMPILED FROM A COMBINATION OF CALCULATED DATA, RECORD DATA AND FIELD MEASUREMENTS. THEY DO NOT CONSTITUTE SURVEYED PARCELS OF LAND. RESOLUTION NO. 852 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, CARLSBAD, CALIFORNIA ACCEPTING A GRANT DEED CONVEYING WATER/SEWER/ACCESS EASEMENTS ACROSS A PORTION OF PARK SITE IN POINSETTIA COMMUNITY PARK, CMWD PROJECT NO. 92-601 WHEREAS, the City Council of the City of Carlsbad, Carlsbad has adopted Resolution No. 93-312 for approval of a Grant Deed conveying water/sewer/access easements to the Carlsbad Municipal Water District for a future sewer lift station, access road and sewer lines to serve the park and properties bordering the park and operation and maintenance of the system across a portion of park site in Poinsettia Community Park, CMWD Project No. 92-601; 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 as building a lift station in this location will eliminate two future lift stations saving future maintenance costs. 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 the City of Carlsbad, dated November 22 I 1993, conveying water/sewer/access easements to the Carlsbad Municipal Water District for a future sewer lift station, access road and sewer lines to serve the park and properties bordering the park, and operation and maintenance of the system across a portion of park site in Poinsettia Community Park, CMWD Project No. 92-601, which is on file with the Carlsbad Municipal Water District and is incorporated herein by reference, is accepted. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 21 22 24 25 26 27 28 3. That the Secretary of the Board is authorized to cause the attached certification of acceptance to be recorded in the office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at %$&z meeting of the Carlsbad Municipal Water District held on the 16th day of NOVEMBER I 1993 by the following vote, to wit: AYES: Board Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: (SEAL) CMWD 92-601 CERTIFICATION FOR ACCEPTANCE OF EASEMENT This is to certify that the interest in real property conveyed by the easement dated November 22, 1993 from the Citv of Carlsbad to the Carlsbad Municipal Water District, a Municipal Water District, is hereby accepted by the Board of Directors of the Carlsbad Municipal Water District pursuant to Resolution No. 852, adopted on November 16, 1993, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: November 23, 1993 y CMWD 92-601