HomeMy WebLinkAbout1997-09-09; Municipal Water District; 388; Acceptance of Grant Deeds & Public ImprovementsACCEPTANCE OF GRANT DEEDS AND
ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR
CARLSBAD MUNICIPAL WATER DISTRICT
RECOMMENDED ACTION:
Adopt Resolution No. 996 regarding the acceptance of public improvements and
recordation of deeds or grants conveying interests in real property to the District.
ITEM EXPLANATION:
This resolution was developed to ensure that Carlsbad Municipal Water District procedures are consistent with the revisions being proposed to the Subdivision Ordinance. These proposed
revisions will streamline the acceptance of public improvements constructed by developers and clarify and expand existing easement acceptance procedures. Specifically, the revisions will
empower the Executive Manager to accept public improvements constructed by developers upon the recommendation of the District Engineer and advice of the General Counsel. This
change will eliminate the current practice of preparing an agenda bill and having the item placed
on the Board consent calendar.
Additionally, the revisions clarify the Executive Manager’s authority to accept deeds and easements required as conditions of development approval. The revision expands the
Executive Manager’s authority by the inclusion of wording specifying any deeds or grants
conveying interest in or easement upon real estate to the District. The existing resolution limits
the Manager’s authority for acceptance to easements and covenants of easements only. The new language will facilitate the acceptance of fee title property grants which are sometimes
desired by property owners.
Finally, it is important to note that Resolution No. 773 is being repealed and replaced because it
is intended to be applicable to all development activity and not Just subdivisions. This includes
dedications and improvements required pursuant to building permits, site development plans,
conditional use permits and other City development approvals.
Staff has developed an administrative procedure and forms that will become official records
showing the date of acceptance of the improvements. The form will specifically describe the
improvements being accepted, will be signed by the District Engineer certifying the completion
of improvements and signed by the Executive Manager accepting the improvements. The date the Executive Manager signs the form will be considered the date the public improvements
were accepted by the District. The signed original form will be maintained by the Secretary to the Board of Directors (City Clerk) as an official record. Upon acceptance by the Executive
Manager, Carlsbad Municipal Water District staff will enter the accepted public improvements
into their inventory system and maintenance program.
The process of giving the Executive Manager the authority to accept public improvements is the same process the City will follow for accepting improvements. The Subdivision Ordinance is being revised to authorize the City Manager to accept public improvements on behalf of the
City.
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Page 2 of Agenda Bill No. -3sa
FISCAL IMPACT:
There is no fiscal impact as a result of this action.
EXHIBITS:
1. Resolution No. 7 9 6 regarding the acceptance and recordation of deeds or grants conveying interests in real property to the District.
2. Acceptance of Public Improvements Procedure with attachments.
RESOLUTION NO. 996
2 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT
3 REGARDING THE ACCEPTANCE AND RECORDATION OF DEEDS
OR GRANTS CONVEYING INTERESTS IN REAL PROPERTY TO
4 THE DISTRICT.
5 WHEREAS, pursuant to Water Code Section 71031, the Carlsbad Municipal Water
6 District Board may delegate any executive, administrative, and administerial powers; and
7 WHEREAS, pursuant to Government Code Section 27281, any public entity may delegate
8 the acceptance of deeds or easements by a general resolution; and
WHEREAS, the Carlsbad Municipal Water District has found it in the public interest to 9
delegate certain powers regarding the acceptance and recordation of deeds or grants conveying
10 interests in real property to the District.
11 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad
l2 Municipal Water District, as follows:
13 1. That the above recitations are true and correct.
14 2. That Resolution No. 773 is hereby repealed.
15 3. The following officers are hereby delegated the powers of the Carlsbad Municipal
16 Water District Board specified below with regard to the acceptance of privately constructed
17 improvements in connection with a subdivision, and the acceptance and consent to recordation
18 of deeds or grants conveying any interest in or easement upon real estate to the District for
public purposes:
19
(a) The Executive Manager upon advice of the General Counsel may approve
20 the acceptance of easements and covenants for easement required as conditions of
21 development if properly executed on a standard document approval as to form by the General
22 Counsel, as amended from time to time;
23 (b) The Executive Manager upon advice of the General Counsel may approve
24 the acceptance of deeds or grants conveying any other interest in or easement upon real
25 property to the District for public purposes, if such deeds or grants are recommended for
26 approval by the District Engineer and are properly executed on a standard document approved
27 by the General Counsel as to form, as amended from time to time;
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Cc) The Executive Manager is authorized to accept water improvements of a
subdivision to be formally accepted into the Water District system on behalf of the Water District,
following acceptance of the final subdivision map by the City Council, and satisfactory completion
of all subdivision public improvements or any other public improvements constructed by a
developer as a condition of development by any provision of Titles 18, 20 or 21 of the Carlsbad
Municipal Code with the advice and consent of the General Counsel and, upon the
recommendation of the District Engineer. This provision is not intended to and shall not modify
or relieve any developer from liability for any and all defects found after the acceptance of
improvements, in accordance with a Subdivision Improvement Agreement or any other similar
agreement. Following acceptance by the Executive Manager, the District Engineer shall cause
any water improvements so accepted to be entered into the inventory of Water District
improvements. The District shall not be liable for any failure to maintain any water improvement
until such water improvement has been accepted into the District’s water system.
WI The Secretary is authorized to accept and consent to recordation of
easements, covenants of easements, and other deeds or grants conveying any interest in or
easement upon real property to the District for public purposes following approval by the
Executive Manager and General Counsel as set forth above in Subsections (a) and (b), above.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Board of Directors of
the Carlsbad Municipal Water District held this 9th day of September , 1997 by the
following vote, to wit:
AYES: Board Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None
ATTEST:
(SEAL)
Exhibit 2
CITY OF CARLSBAD
CARLSBAD MUNICIPAL WATER DISTRICT (CMWD)
ACCEPTANCE OF PUBLIC IMPROVEMENTS
PROCEDURE
Purpose: The purpose of this procedure is to provide a process and forms for the
acceptance of public improvements, which have been installed by developers, into the Carlsbad
Municipal Water District’s (CMWD) maintenance systems. The term Executive Manager shall
mean the Executive Manager of the Carlsbad Municipal Water District Board of Directors. The
term Secretary shall mean the Secretary to the Carlsbad Municipal Water District Board of
Directors. Upon signing by the Executive Manager, the Acceptance of Public Improvements
Form will become the official document showing the type of improvements and the date the
improvements were accepted by the CMWD and when the CMWD began maintenance of the improvements. This original document will be maintained by the Secretary.
The City Engineering Department will be responsible for processing the Acceptance of Public
Improvements Form, entering the improvements and date of acceptance into the Department
Improvement Plan and Rbase Data Base System and sending a signed copy of the Acceptance
of Public Improvements Form to specific departments.
RESPONSIBILITIES
MANAGEMENT ASSISTANT. ADMINISTRATION
The Management Assistant, Administration, will monitor the Improvement Agreement Tracking
Report. When projects have a date entered in the Punch List Complete column and 100%
entered in the % Complete column, the Management Assistant, Administration, will forward an
Improvement/Grading Completion Checklist (Attachment 1) to the Project Inspector.
CONSTRUCTION INSPECTOR (PROJECT INSPECTORl
If all agreement conditions have been met, the Project Inspector will return the
Improvement/Grading Completion Checklist (Attachment 1) to the Management Assistant,
Administration, stating that the improvements are complete and recommending acceptance of
the improvements.
MANAGEMENT ASSISTANT. ADMINISTRATION
The Management Assistant, Administration, will prepare an Acceptance of Public Improvements
Form (Attachment 2) and route it as noted on the Form. When the Form is returned from the
Executive Manager, the Management Assistant, Administration, will enter the improvements
into the Engineering Department Improvement Plan Data Base including the date of
acceptance. The Management Assistant, Administration, will prepare the Notice of Completion
Form (Attachment 3) and route it together with the original Acceptance of Public Improvements Form signed by the Executive Manager to the Secretary. The Management Assistant,
Administration, will send copies of the completed Acceptance of Public Improvements Form to the Geographic Information Systems Department (GIS), the applicant, and the CMWD.
The Management Assistant, Administration, may maintain a file of completed Acceptance of
Public Improvement Forms.
Fvhihit 7
SECRETARY (CMWD)
The Secretary will maintain the original copy of the Acceptance of Street Improvement Form as
an official CMWD document and process the Notice of Completion for recording.
CARLSBAD MUNICIPAL WATER DISTRICT (CMWD)
Assigned staff at CMWD will begin maintenance of public water improvements upon receipt of
the Acceptance of Public Improvements Form. Staff from the Water District may check the
Improvement Plan Data Base as an assurance that they have included accepted public water
improvements in their maintenance program.
Attachment 1
IMPROVEMENT/GRADING COMPLETION CHECKLIST
DATE:
INSPECTOR:
PROJECT:
FROM: Nanci Plouffe
To determine eligibility for security release on improvements and/or grading for the
above-referenced project, please check completed items below: For reduction in security,
please indicate percentage to reduce to. Please return this form to me at your earliest
convenience.
Improvements Dwg. #
Monumentation Complete q Yes
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Approved:
Project Inspector
Approved
Senior Inspector
ROUTING: Attachment 2
City Engineer (sign) Community Development Director (Initial) CMWD (Initial) City Manager (Sign)
Return to: Engineering for data entry
Engineering send original copy to: City Clerk (with Notice of Completion) Reproduced copies to: GIS CMWD Applicant CITY OF CARLSBAD
CARLSBAD MUNICIPAL WATER DISTRICT
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
The developer has constructed the improvements required for Project No. and has requested that the Carlsbad Municipal Water District (CMWD) accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of:
DISTRICT ENGINEER CERTIFICATION OF COMPLETION OF IMPROVEMENTS
Bill Plummer, District Engineer Date
EXECUTIVE MANAGER’S ACCEPTANCE OF PUBLIC IMPROVEMENTS
The construction of the above described public improvements is deemed complete and hereby accepted. The Secretary to the Board of Directors is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances.
The Carlsbad Municipal Water District is hereby directed to commence maintaining the above described improvements.
RAY PATCHETT, Executive Manager Date
APPROVED AS TO FORM:
Ron Ball, City Attorney
By: Date:
H:\WORD\DOCS\MISFORMS\CMWD Accept of Public Impr.doc
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RECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Space above this line for Recorder’s use.
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
8.
The undersigned is owner of the interest or estate stated below in the property hereinafter
described. The full name of the undersigned is Carlsbad Municipal Water District, a municipal corporation.
The full address of the undersigned is 5950 El Camino Real, Carlsbad, California 92008.
The nature of the title of the undersigned is: In fee.
A work or improvement on the property hereinafter described was completed on i~~~~. &:1:# ;;I&: The name of the contractor, if any, for such work or improvement is li:;i!$tii:~-:+
The property on which said work or improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as follows: ;~~:ii:$$&.
The street address of said property is _:, _, .
CARLSBAD MUNICIPAL WATER DISTRICT
WILLIAM E. PLUMMER, P.E.
District Engineer
VERIFICATION OF SECRETARY
I, the undersigned, say:
I am the Secretary of the Board of Directors, Carlsbad Municipal Water District, 5950 El
Camino Real, Carlsbad, California, 92008; the Board of Directors of said District on
# 19 accepted the above described work as completed and ordered
that a Notice of Completionbk filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on ,19-9 at Carlsbad, California.
CARLSBAD MUNICIPAL WATER DISTRICT
ALETHA L. RAUTENKRANZ
Secretary