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Home My WebLink About; Cannon Well Field Feasibility for Redevelopement; Cannon Well Field Feasibility for Redevelopement; 1991-08-26REPORT ON THE FEASIBILITY FOR REDEVELOPMENT OF THE CANNON WELL FIELD CARLSBAD, CALIFORNIA AUGUST 26, 1991 BY BARRETT CONSULTING GROUP Introduction The City of Carlsbad holds certain rights to property identified as the Cannon Well Field. The rights pertain to the use of, and access to, the groundwater located below the property for the purposes of water production. Groundwater pumped from this property is potentially slated for use at the proposed Lake Calavera Golf Course for construction and irrigation during the initial stages of construction and development. Groundwater supply wells located at the Cannon Well Field are in a state of disrepair. They were pumped by the City of Carlsbad for production purposes during the period of 1958-1962. Since this time there is no documentation of the wells being utilized. The wells are located in the hydrologic subunit called Agua Hedionda. It is estimated that the available yield from this basin is approximately 400 acre- feet/year. The groundwater quality is characterized by high Total Dissolved Solids (TDS) in the 1300-1500 mg/1 range. Recommendations The City should proceed with the drilling of a 16-inch diameter irrigation well (test-hole) within the well-field area noted on Exhibit A. With satisfactory test results of water quality and yield, the well system should be completed, and a pipeline extension and connection made to the existing 14-inch water main of the potable water system that is available for conversion to non-potable water service. The initial program should provide sufficient water for all construction purposes of the golf course except the turf and landscape irrigation. During this period, a further assessment of blending the well supply can be made. In particular, the option of blending with potable water versus blending with demineralized well water (reverse osmosis system) can be studied. To implement the recommended program, the following items should be activated: a. Commence negotiations with property owners and Rancho Carlsbad Golf Course operator for concurrence with project and acquisition of necessary right-of-way to construct the offsite water line connection.? .•-j b. Prepare contract documents, construction drawings and specifications for the well drilling, test pumping, and, if successful, the *** pipeline. •««• — c. Proceed with the environmental assessment of the project and obtain „, the necessary clearances from the agencies which may have a ^ potential interest. d. Proceed with the construction project. mm *" Cannon Well Field History — Little information is currently available pertaining to the Cannon Well Field. *• Our investigation indicates four groundwater supply wells were drilled and m completed by W. D. Cannon in the early 1950's. Original boring and well te installation logs are not available. The approximate locations of these wells is shown in Exhibit A. This information comes from individuals who have worked in the area and have recollections of events.m m The wells exist within the Agua Hedionda subunit of the Carlsbad hydrologic unit of the San Diego Region. (The "subunit" is a designation assigned by the State PI Department of Water Resources.) The subunit is designated 4.30. It is shown in «• relation to the proposed Lake Calavera Golf Course on Exhibit B. ta Groundwater basins in this region are generally small, however they are of historic importance and significance as local supplies and potential storage sites. The basin is ranked 10 out of 33 in the San Diego Region by the Water MM Quality Control Board for water quality control action. (Only the top three "" basins receive top priority for water quality control actions.) Existing and """ potential beneficial uses of the groundwater in subunit 4.30 includes municipal, "~ industrial, and agricultural. (1)* "" * Reference No. 2 Two wells are currently inactive and in a state of disrepair. (The other two wells appear to have been abandoned.) The condition of these wells is discussed in the Evaluation of Existing Facilities section of this Report. The City of Carlsbad utilized the wells for water supply from 1958-1962. The production of the wells during this period was*reported as follows: 1958-59 123 acre-feet 1959-60 128 acre-feet 1960-61 238 acre-feet 1961-62 16 acre-feet The long term available yield is not known, but it is presumed to be no more than approximately 400 acre-feet/year. (2)* The groundwater quality in the Agua Hedionda subunit is considered poor, characterized by high TDS. There are private wells utilized within the study area for inside and outside residential uses, landscape and agricultural irrigation and sand washing. (3)* Sampling of these wells in June of 1985 revealed the chemical characteristics identified in Table 1. These well locations are shown on Figure 1. Status of the City of Carlsbad Water Rights Water rights within the Cannon Well Field go back to an original agreement, by and between W. D. Cannon and Ellen K. Hall, dated October 11, 1950 and recorded October 13, 1950 in Book 3819, Page 191 of Official Records. Simply stated, this agreement granted Cannon the right to drill for and remove water from the land then owed by Hall. For this right, Cannon agreed to pay Hall a "royalty" of $7.00 per-acre foot of water pumped or taken from the land. This well supply was the original supply for the Terramar Water Company, which in turn was purchased by the City of Carlsbad in 1958. In June of 1964 this original agreement between Cannon and Hall was merged with an agreement by and between the City of Carlsbad and Carroll R. Kelly, et ux., dated June 1, 1964 and recorded June 22, 1964 as File No. 111716 of Official Records. Within this second agreement, the City formalized the interest to the rights of W. D. Cannon under the original agreement, and Kelly as the successor in interest to the rights of Ellen K. Hall under the original agreement. * Reference No. 3 r r i r f r t i r"-:. r * I if t.' I t TA1L1 3-4 OftOOMDHnrill QUALITY AMALY8I8 AOOA H8DXONDA Mitt FISLO '*• *• Conatltuent (*g/l or aa noted} Total Alkalinity Bicarbonate - Carbonate carbon Dioxide Hydroilde Boron Chloride •.Conductivity AjMonla/N Nitrate Hardneaa pH (unite) Total rhoephate 811 lea T.0.8. tulfate Calclwa Iron Magnet luw todltM rillabury Barlow 282 344 0 31.3 0 <0. i 616 30C8.3 .03 <.l 783 7.44 0.96 27.6 1786 209.2 199 3.30 96 240 Uee Irrigation 6 rotable Hater ' 261 ' 342 0 22.4 . 0 <0.1 794 3616.1 .03 <•! 1166 7.49 0.92 37.0 2170 268.6 393 0.32 106 . "a Irrigation 6 rotable Water Thibodo Rancho Thibodo- tand Tootale R Carlabad Lynch Operation 194 186 0 2.0 0 <0.1 349 1736.1 .02 <«1 421 6.16 0.48 34.9 993 63.7 106 0.01 38 140 Potable 266 324 0 6.2 0 <0.1 942 3979.6 .02 1.9 820 7.97 0.92 30.9 1700 286.2 210 0.06 72 276 Landaoape Irrigation 161 179 14 0.6 0 0.1 323 1667.2 .02 <0.i 682 8.64 0.46 34.6 880 67.0 171 1.07 62 160 Induatry 137 167 0 1.6 0 0.9 497 2341.1 .02 <0.1 674 8.19 0.40 34.9 1469 193.1 166 1.21 62 196 Induatry ' Oreen Oaka Main 202 247 0 8.6 0 <0.1 601 3066.1 .01 9.1 1004 7.73 0.39 39.2 1910 249.2 227 0.26 106 224 Irrigation . Oreen Oake Auxiliary 209 290 0 12.9 0_ 0.9 926 2916.4 .01 2.6 1002 7.42 0.49 39.7 1746 290.4. 223 0.10 106 160 Irrigation Daweon • 199 237 0it.a 0 <0.1 266 1960.6 .03 0.7 439 7.47 0.91 36.1 693 76.0 99 0.21 • 46 136 rotable MTU tee riate 3-1 for well loeatlone. • i. Daweon property it eerved by t toler ttlil to provide doiaeatlo quality water. * P11* I?bl? lS-An.Extract , ,Froii *EncTna BaslTTF6l$tb11Uy Study" (3) "** /:'- J ^^~"i" .?''*".-' •' ' :.TS.S i ':>- f ' _ • • • :/PANNON WELL FIE •"'. '' V"" -1'' "•* ••••t » 8AMPUNQ UXUnOMyTHtSFM3UMLlSAREPflOOUCTIONOFAPOiniONOFPUirE4-1 ENCMA BASM VWJER HECLAIUnON PROJECT PHASE 1 PflOGRAM fMMJTIES PLAN. JOHM 8. MURK ENGMEBIS. INC. JULY. 1989 BEST ORIGINAL FIGURE 1 The following is a summary of the conditions as stated in the updated agreement. The City maintained the right to: if-n a. Have the sole and exclusive right and option by and through agents and representatives to enter from time to time hereafter upon '*"' Property for the purpose of drilling or digging wells for water on .Ujl any part of Property advisable by the City; <m ** b. Enter upon Property to install pumps, install and lay pipe lines, M electric lines and other necessary equipment, and thereafter from HH, time to time to make repairs and renewals and operate all of such equipment and pump water from said wells; mi c. Take and remove all water developed on Property and deliver it to *" such place or places off of Property as the City, in its sole "" discretion, may determine; mm «- d. During each fiscal year starting with the fiscal year beginning July ^ 1, 1964, the City shall supply free of charge to Kelly upon his ^ request up to the following: (1) 1.5 acre-feet of water from one connection which the City may meter at any time for stock watering use upon property and for domestic use for the two presently existing dwellings on Property, and (2) 15 additional acre-feet of "" water. The City shall be entitled during each fiscal year to "" produce from Property 16.5 acre-feet of water without becoming — obligated thereby to pay Kelly any sum whatsoever. During each said «• fiscal year, once Kelly has taken 16.5 acre-feet of water from the — City, the City shall then pay to Kelly monthly $7.00 per-acre foot •. for all water thereafter produced from the Property. (4)* Finally, the revised original agreement was changed on November 5, 1984. This change named Richard C. Kelly as the successor in interest to the rights of *" Carroll R. and Alice Kelly under the revised original agreement. (The documents ** are included in the Appendix of this Report.) m m * Reference No. 6 Insofar as specific "water rights" the City may have with respect to actual filings and approvals from the State Water Resources Control Board are concerned, we have identified the "permits" for surface water impoundments for Lake Calavera (150 acre-feet) and Squires Dam (25 acre-feet) in the Agua Hedionda Basin. Currently, the City has no recorded groundwater rights. Ultimately, the City should process a formal application for groundwater. In the event "Livestream" discharges of reclaimed water are permitted, those volumes should be included for downstream beneficial users. The application process should be commenced after the drilling and testing of the test well and a production capability has been established. Likewise, the assessment and action plan for the streamflow should proceed in concert with the region-wide water reclamation plan that will soon evolve. Currently, the major identified groundwater user within the Cannon Well Field area is the Rancho Carlsbad Mobile Home Park. Their annual pumpage is estimated at some 100 acre-feet per year. It is possible that the development of new City wells and subsequent pumping may affect the total "basin capacity", including the mobile home park and golf course. Ultimately, if there is excessive pumping, there may be adverse effects, such as the elimination of the creek surface flow, reduction in the wetland area downstream of the El Camino Real Highway Bridge, and even increased salinity in the transition zone of fresh to salt water in the Agua Hedionda Lagoon. These potential problems would need to be addressed if the well field properties are developed through a program of scheduled observations and a monitoring program to detect adverse conditions. Evaluation of Existing Facilities Wells 1 and 2, as identified on Exhibit A, were located and inspected. The inspection of these wells revealed that they are in a complete state of disrepair and the steel casings (less than 12-inch diameter) show deterioration. Below ground, deterioration-corrosion should be more extensive. The existing pipeline interconnections appear to be in place, and serviceable, with current water service to several water customers of the City. These units do not appear to be worthy of reconstruction so that testing/sampling can be done. A probable location for Well 3 is shown on Exhibit A. No well casing or pump was identified at the location, however, evidence of the one time existence of a well, in the form of an abandoned power pole and line, was discovered. It is assumed that the well pump was removed and that the casing was cut off below ground level and buried. It remains unknown as to why the well at this particular location was abandoned in this fashion. There are also the recollections of several parties of a fourth well in the most southeasterly corner of the golf course. In any event, the current appraisal of existing facilities has led to the conclusion that efforts should be directed to construct a new test well of sufficient size to warrant testing and development into a usable supply source. Feasibility of Cannon Well Field Development The City of Carlsbad is considering redeveloping the Cannon Well Field for non- potable water production. As previously discussed the well field had been used for domestic purposes during the period between 1950-1962. The City now plans to construct a municipal golf course on approximately 220 acres adjacent to Lake Calavera. City officials and planners considering the probable future shortage of imported water are supporting the investigation of Cannon Well Field as an alternative water supply and as a supplement to the "Reclaimed Water" supply that will be the permanent long-term supply. An immediate water supply is required at the proposed golf course for construction and irrigation purposes. Construction is planned to begin in late 1991 with a planned completion date of mid-1993. Throughout the duration of construction, water will be required during earthmoving practices for soil compaction and dust control. The estimated flow required during this period is in the order of 150,000 to 200,000 gallons per day. As far as quality is concerned, the Cannon Wells supply would be satisfactory for construction purposes. Water requirements for the proposed golf course irrigation system are, however, substantially more restrictive (quality-wise) than for construction. Preliminary irrigation plans call for maximum irrigation flows in excess of 2,000 gpm over 8 an eight-hour period. (4)* The average annual water requirement is 424 acre-feet per year. The safe yield of the Agua Hedionda Basin has been estimated to be 400 acre-feet per year. Irrigation water quality is a controlling factor on the quality of the grasses used for golf course construction. Low mineral content, or TDS concentration, is preferred by greenskeepers. The groundwater supply used for irrigation of the proposed golf course should be within the range of 600-1,000 mg/1 of TDS. (4)* Documentation of the quality of groundwater within the Agua Hedionda Basin are in the range of 1300-1500 mg/1 of TDS. Therefore, treatment and/or blending of the groundwater will be required to reduce TDS concentration to within the acceptable range. Golf courses in Southern California have become more restricted in the use of potable water so that local groundwater and reclaimed wastewater has become more heavily utilized. Consequently, valuable experience has been gained in the use of higher TDS water (1,000 mg/1 plus) and the adjustments that are necessary. Turf experts should be able to make the careful selection of grass to accommodate the available water supplies. Another factor to be considered is the sensitivity of the greens. In fact, some new courses utilizing reclaimed water are planning to install separate lower TDS water systems so that all greens can be watered with a higher quality water. Higher TDS reclaimed water will also result from the long-term water conservation ethic which is translating to lower sewage liquid volume generation without the correspondent solids loading. Presently, the plant effluent of the Encina W.P.C.F. is more than 1,100 mg/1. In addition to the water ethic, the potable water supply quality is impacted by "drought conditions" so that the TDS of potable water is rising as the "San Diego County Blend" has more Colorado River water as opposed to Northern California water. At this time, the first alternate to consider is the blending of the well supply with the potable water supply of the Carlsbad Municipal Water District. This could be accomplished at the "C" Reservoir as described in the Burzell Report. (4)* (See Exhibit B.) The second alternative is to construct a demineralization * Reference No. 9 plant at the golf course site. A reverse osmosis (RO) process would be the most practical and, although expensive, feasible in the future. (5)* For initial purposes, blending with the potable supply should be done. At a projected maximum level of 500 mg/1 IDS for the potable supply (6)* and the well supply at 1,500 mg/1 IDS, a 50-50 blend would produce a 1,000 mg/1 mixture that would be satisfactory for the golf course. Of course, there would be a requirement for monitoring and necessary adjustments as the IDS level of both supplies vary. On the basis of this initial evaluation, we recommend the City consider pursuing the redevelopment of the Cannon Well Field. The initial efforts should be directed to drilling one complete 16-inch diameter irrigation well and conducting the necessary tests to more precisely project water quality and yield. A well of this size should be able to produce water in sufficient volume and quality for golf course construction. The proposed site for the test well is near the location of an earlier installation, judging by the fact that a power pole and service panel are located in the proximity of the site. Viewing the entire well field area, this location has the advantage of being in the "middle" of the major stream channel of Agua Hedionda Creek. The smaller subbasin flows from Lake Calavera and Little Encina join the main channel to the west of this site so there would be little to gain by moving the test well to the north. With concurrence of the Carlsbad Municipal Water District, the existing 14-inch diameter high-pressure steel water main and the existing 1.0 MG steel tank ("C" Reservoir) should be converted to a non-potable system. Exhibit B shows the details of the well supply line extending northerly from the new well to the "north-gate" of the Rancho Carlsbad Mobile Home Park. At that location, the well supply line would be connected to the 14-inch line. There is one irrigation service on the 14-inch line downstream of this new connection point so that a new temporary 6-inch irrigation line should be constructed parallel to the existing line or the irrigation service be relocated to the terminus of the potable water system. * Reference No. 10 The routing of a new well supply line through the Rancho Carlsbad Mobile Home Park executive golf course and driving range does present some difficult construction. Because the proposed test well is close to the middle of the golf course, going to the east and heading northerly along the east side of the course still impacts the course and is a longer distance. If the construction of College Avenue, northerly of El Camino Real to connect with Cannon Road (future), were to come anytime soon, we could consider a temporary line in the future right-of-way. Where feasible, the City should take advantage of existing Carlsbad Municipal Water District rights-of-way for construction of non-potable water mains. Additional easements may be needed where horizontal separation from potable facilities becomes critical. The long-term dependable groundwater supply of the Rancho Carlsbad Mobile Home Park, which has irrigated all of the park green-belt/landscaped areas as well as the golf course, demonstrates the practicability of re-utilizing the Cannon Well Field. Another alternative, identified in the Burzell Report (4)*, is the construction of a deep well (1,000 to 1,500 feet or more), using the concept of inviting "wildcatters" to assume the risk of such a venture. Because the "odds" of discovering a good producer is "one out of 5 to 10+", the incentive to consider the deep well drilling is marginal. The City could solicit proposals for a private venture to see if there is any interest in this alternative. Upstream of the Cannon Well Field, there are several wells, the most notable being the Tootsie-K Ranch supply. Table I shows a TDS of 953 mg/1. It is possible that this existing well could be reconstructed or a new test well drilled to determine the suitability and production capability. It must be emphasized, however, that due to the small size of the Agua Hedionda Basin, any significant well supply development could impact current groundwater users. Cannon Well Field Development Several tasks need to be conducted in order to develop the Cannon Well Field to its full potential. These tasks include: * Reference No. 11 m Groundwater quality testing, Basin quantity investigation, Regulatory and permit requirement identification, Supply well refurbishing/reconstruction, Delivery methods and improvements evaluation, and Detailed cost estimate development. The Agua Hedionda Basin groundwater should be sampled to determine its chemical composition. Groundwater samples for analysis should be collected from the existing groundwater wells located at Rancho Carlsbad and Pillsbury. Samples should be analyzed for the constituents identified in Table 1. Aquifer characteristics within the basin should be evaluated to determine the safe yield. This can be accomplished by performing an aquifer pump test. One test well should be drilled and completed within the well field property limits. This well will be pumped for a specified length of time and the resulting drawdown within the basin measured in adjacent existing wells or within newly constructed piezometers. Aquifer characteristics such as yield, transmissivity and storativity can be consequently calculated. Existing regulatory and permit requirements include the San Diego County Department of Public Health well-drilling ordinances including standards of construction. The well-drill ing contractor is required to fulfill all regulatory requirements. Our initial reconnaissance indicates the best location is in the area of Well No. 2, as shown on Exhibit A. This well location is not disruptive to the existing golf course activities. Existing pipelines and reservoirs which exist in the area and could be converted to transmit and store Cannon Well Field water are depicted in Exhibit B. In addition to the actual well, the 2,800-feet transmission main would run northerly to tie-in with the existing potable water main. This pipeline work could disrupt golf course play and all work must be well coordinated with the operators. The Lessor and Lessee have been requested to review the golf course lease to insure a minimum of problems for the City. 12 Depending upon the actual yield of the test well, the total well supply volume from Cannon Well Field may fall short of the total maximum flow requirement of the golf course. Based upon a 24-hour continuous pumping schedule, a total of 574 gallons per minute is needed, with storage of "C" Tank (1.0 MG), to meet the peak hourly flow of some 2,000 gpm. (4)* We do not expect that this level of pumpage will be sustained by the basin. To accommodate this potential problem, consideration should be given to provide for off-peak storage within Lake Calavera. With some 50 acres of surface area at full capacity, a four-feet drop in the water level by the end of the summer/fall irrigation season would allow for 200-acre feet of seasonal storage. This potential alternative would impact the actual golf course irrigation system design inasmuch as the pumping system drawing directly from the lake would materially change the hydraulics of the distribution system. Also, water quality would have to be checked for suitability. The potential environmental considerations for this project in the initial exploratory stage and pipeline construction are not great. The test well would be drilled adjacent to the stream channel in an area that is already cleared and used for a storage area. The pipeline would follow a maintenance road and traverse a golf course area, and the tie-in would be in a private road area. With activation of a new well, there is the potential of heavy pumping impacting the "wetlands" environment due to the loss of streamflow. We believe this potential would have to be addressed as part of an overall management plan of the wetlands area. In order to quantify the magnitude of costs for the first order of work for the well field, the following preliminary estimate has been developed: * Reference No. 13 I. Well System: 16-inch diameter irrigation well with capacity of 200 gpm; depth not to exceed 140 feet $ 75,000 II. Transmission Main: 8-inch diameter pipeline - 2,800 l.f., with appurtenances and connection to steel main 150,000 III. Demolition of Existing Wells: Two wells - Remove pumps and seal 10,000 IV. Incidental Expenses: Design, construction management, water testing, permit proceedings, environmental proceedings 50,000 Total Estimated Construction Cost $285,000 NOTE: This estimate does not include the expenses of right-of-way acquisition. Noting that the transmission main is the most expensive construction item of the project, we recommend that these facilities be integrated into the non- potable/reclaimed water system of the City so that the funding of the pipeline can be shared with that reclaimed water program. 14 REFERENCES 1. Water Quality Control Plan, San Diego Basin, California. State Water Resources Control Board. July, 1975. 2. Water System Engineering Study, City of Carlsbad. J. Kubota and W. Lill. January, 1966. 3. Encina Basin Feasibility Study, San Diego Area Water Reuse Study, Volume V. John S. Murk Engineers. February 1988. 4. Report on the Water Supply for Lake Calavera Golf Course, Carlsbad, California. Linden R. Burzell. August 27, 1990. 5. A Report on the Evaluation of Lake Calavera and Mission Basin Well Field as Water Resources, City of Carlsbad. Glenn M. Reiter & Associates. April 14, 1984. 6. Water Reclamation Master Plan, City of Carlsbad, Carlsbad Municipal Water District, San Diego County Water Authority. Dudek and Associates, Inc. August, 1990. 15 " APPENDIX IP Hi 1. Original Agreement - Hall and Cannon, October 11, 1950. 2. Agreement - City of Carlsbad and Carroll R. Kelly, June 1, 1964. L 3. Assignment of Carlsbad - Kelly Agreement, March 24, 1983. P m 16 «« THIA AOiOSUCBT wd» and entarad into thli _,day of Oatobsr , 1960, by and between H. fit OA1IDOI, htrlln-after raferred to.aa "Cannon," ?lr«t l?«rt, and 21ISI X. JUtl,Lerelirif ter referrsd to •• "H«ll," tteoond That lull 2LL31! K. 1ULL dots hereby sir* andfjrant to auld Cannon the aole and exolualre rljht und option by•.nil t'.rou-h hio ugonta and represents tlv«o and In parson toenter iron tlj.ie to tl..-,o hereafter upon tue hereinafter deaorlbed1-tmla beionclu; to her for the purpoo* ot drilling or dtjelng ,vnlls i'or vuter on any purt of said lind* whloh a«ld OAWIOU may ^&••!.-• idviau'ol*, ai»l auia Oannoii mil hie »>^uti, r«pr«iiuiitoilv«« 'nil errloyeea aro furtiior jilvan aui ,jr«nt«d ;h« rlplit und orlrll-• ••o horoaftor to -:-nter ifoii Mil landc to Install pmnpt, lnst*ll.;«id lay nipsllnoo, olootrto llt»» mi c-uoh otUtr »»o«uoury tmiln-mont uiid' tiiov»»i'c«r from tlu* to tin* to ual» r»palr» und rtiftwala•i..a o<-uv!it« all ok' such ei.ulpnout jnd iuup uator fro.-.i uuld \7«llo:ul to ;-i.:« -mi r«taov« ull f/ut»r that h» may dcrelop on uald landsJIM dol lv«r It to auoh '<luo» or pi JOBS oft of aaU lands ao h« inhis oola dlooreilon may d« termini. I'or oald rl;;kt oiid prlvll»5« hore'oy Driven :iud-rJntod to r, ill Oannon, h« niisll uron the excoutlon of tbla acrraa-:.unt ruy ;o 8-1 la «^ 11 tha BUD o; < Ive llunired "ollara (ySOO.OO) Inoioh, -ml t erejftar "jy to cwl<l i.ill on or bafor* the 10 th day ofoiah . lou'-h Jt tho r-ite o? 34-ron Dollars (y7>00) par ior» foot for0 iOu joro x'oot oT w-itor pur.iyOd or tu*:on J-'TOM Bald lanua duringti.e ^rocedlm; month, oil \T-itor to b« maourad by be tor at tha v/ollor v«alla. IT 13 UiO'Jfci.'OOU JUa iC^itlJ that tha nan-.wr,mofnol Jiid anulnuent iwoteaary to ourry Into «ff«ot ti.e vi.;..t andnrlvllocro horaby ^rantod to Cannon Shu 11 ba solely 'is datovAlittdby hl.:i, he la to my .'or Uio v-m« to tUa and tlut no lien orllona alull ua oi-auted u -aliiat the property oi sjli UJll, Judull oi a Jlil viorlc la to be carried on >iiu done In ouoh a rmnnor asto ooeuny tho least nortlon of said ilall's land, an\ j't«v theoo..nlot-iOn oJ «jOu o; j-.la -./vjll or v/olls the e-iulxnent ixtoeuaitryto oievute the ea.ie to ooouny aa little Ox tne aurfooa o.' theImda ua i.-ny ba naoeaaary, tha aald L^ll ut all tlmaa to liuva therlfi.it -nil nrlvllega to uaa water developed oy Hjld vaunon v/lt;.outoiiurr;* to her, Jor donaatlo purposes and ti.e vwtevlng of » to die loaotor maintained ay s:ila ..ill on '.1.8 1-nd. .klao the rl;iit to Irrigatefifteen aoraa oi -lji«li with water from Cannon's r/elli. It 14 n_..v_,JV ir.u>^i<ut'03U 'oy the oartlaa horato tliattheru la now 1 coated anl axlatlne three \7*ter rwlla upon tho roal ironoroy .leoorl'oed Uoroln jalaiHno to eJld -^.11, and ulao tJierala iiov; Ioo4ted jnd existing upon twld propex-ty Uauoribeu uoroln aa nid nit; an! tUit said water' nello furnlah the vuter uued to xvaohthe tund In auld sand pit. I! 13 .U.Cl^H Ui;j^.o:oOD and agreed that In thaevont tlat the a»ld exlatlrvt walla bo ion -la; to tue auld Mil oaoomfl depleted or fall to furnish aafflolent water for tha \-aah-ln~ o: sand, then In that event Cannon ngreea to 'urnlah rmter fromT/ella developed by him on euld oroperty, for the purnoae of waahlngaund; Provided further, Uornver, that In suot event lUill ajreaa topay for the exionaaa and oost of eleotrlalty used In nunmlng wateri'vo;.n Ouinion'a well or wella for wuaulu^ Band. BEST ORIGINAL w*3Pl« walffl? In tbt tr*nt that tbt mid Oatnon ebould it anytltnt be prevented or enjoined from trantport In*; wattr fron t«l4landa by injunction or otbtr proottt of Oourt, thtn and In oath• r*nt h* (ball bt undtr no obligation to pay any tun to laidHall until tuoh Oourt prootit or Injunction ahall bt rtmOTta1,Birr In tbt trtnt tbt tald Oannon «houl4 «t any tin* by natttrtbeyond bli ooiitrol othtr than Judicial prooeis or Injunotlon btprtvtnttA or stopped from transporting water from tetd land, hi• hall pav to tht i«ld Hall tbt tun of fifty Dollar* (JBOtOOJpt r month for a period of ont ytar or until auoh to oner tint ••further trintporntlon of ir*t»r from tald land may again btoommonotd to bt oarrlad on by bin, It btlng undtrtt«od, hewtrt»,that Cannon's rl/jhta btrtundtr shall not In any trtnt btprejudicially afftottd afttr tbt »mlration of tald otrlod of ontyoar In oitt bt t..«ll buvt paid ould monthly iumt. , In tht event thut It btoonci ntotvtary for Hall toenroloy the services of an Attorney to enforce btr rlgl.tt wider'this .i,-roern«iit by reJoon of tbt fallurt of Cannon to comply withall t;-.e tornt o! tain Agreement, tbt tald Cai-jion btrtby agree*to pjy all roueoimblt coats and Attorney's feeau oonnon furthernfjr«eo to suvo Hall frso and hur.altss from any. Ian tult or lawcults or othtr It^a! action brought against imll or In whloh Hullmay bt n«dt t n'jrty, und In any iwoh event Oa,nnon agreet to payall ootts, nil ejcneiieet .MI! .Ittomey's fees, for tbt dtfending ofany tuob l«,7'Jl action, i'or and on behalf of Hall. •• . • I'f 19 UlUJ:ti.X)Oi; A!!J uO:^Ul) that cannon "In!! oom-...onot the avillln^ w ai^^lnr of ti,t flrat v/tll for nxttr on iuUloiu •..•ItUln nix tnbntho from datt of tula <igrttmtnt tuid prtttoutttlit drilllu; Ciitrtof in a diligent ciunntr to completion. , i'he luudu heroin referred to art situated In tutJoumy oi oun ^lo^o, oci»te of Cuilfornia, uad art particularlydtoorlbtd at follows: In ..'•mono .>gua i.adltndt, particularly Lot 3,beginning on tht ..eot lint of Lot J, jouth0 OG1 Just 1093.C fttt frora tht l.orthwestcorner of a-.Id Lot; tUnoo oouth 07 45' Jiaat1133 foot; thonot douth 13 12* -./oat 2115.Jfstt to the southwesterly lint of a-Jld Lot3 uid th« oanttr lint of tbt County .(cod;tiionoe uion- tJlJ lint i.'orth 54 40' ..'eet 669.3foet; t..onoe i.'ortb 32 55' .,oet 100.3 fttt totht ./tst lint of Lot 3; ti:enot llorth 0 11'Itat 1565.02 I'utt to tht btglnning. This oToer.cnt uhMil rernln In 'orot and affeot ooiJiU uo \Y:itor oJn bo -vouuood und tui:»ii in auffloltnt quantltltaI'rot: ujlJ londt v.r>loii In tlit onlnlon o.' suld Odiuion vrarrjnt orJustify tht -uumlnr una tht talcing of tht 8-me. .'hln B.treen«:jt s.^11 bt blatliVT ucon und Invrtto t..c boiiaflt o.' tUe'btlrs, devisees, suoodsuora und ucoijiia oftiia roavoutlvt purcleo borato. parties hereto, tht day (£^x *fx*^>3*Lil ^. fc*M,, otoond i'arty BEST ORIGINAL STATS or ouiroraru) ' County of 3«n Dl«go) On thii // da/ of M the undorilgntd, a J/otir; and i»tat«, porionull/ «pp««nd I. knovm to mo to b« tba ptraou who n«nt on tho abort lima. , i»80, ttt wl|hla •«2»l8tt my hand wd oi/iolal Mai thit tha dar im ATI H Li Til ^4II •flA^^C^^PJ« A " T*"^1* *W*Count/ and '^& A EST ORIGINAL 119085 Al RBOUOT18* . OCT 1319501 • ^ ^i nmM rat f /o IP m m 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 29 30 & 32 UAHTC.WII.tON ••••TATI tracerMin»«. Cour. WHEN RECORDED MAIL TO: City of Carlsbad 2960 Pio Pico Drive Carlsbad, California ."**' 'i AGREEMENT THIS AGREEMENT, entered into by and between tho CITY OF CARLS3AD, a municipal'corporation of the State of California, hereinafter referred to as CITY; and CARROLL R. KELLY and ALICP. KELLY, husband and wife, hereinafter jointly referred to as KRLI.Y. RECITALS; This agreement is made with reference to the following facts: 1. By an agreement dated October 11, 1950, and recorded on October 13, 1950, in Book 3819, Page 191 of Official Records of the County of San Diego, State of California, as Docunent No. 11908S, K. D. Cannon and Ellen K. Hall made certain agree- ments with regard to, among other things, water rights on a certain piece of real property located in the County of San Diego, ,State of California. Said agreement between tho said Cannon and the said Hall is hereinafter referred to as ORIGINAL AGRSHM-.i'T, and is by this reference incorporated herein. 2. CITY is the successor in interest to the rights of IV. 0. Cannon under ORIGINAL AGREEMENT. 3. KELLY is the successor in interest to the rights of Ellen K. l.'all under ORIGINAL AGREEMENT. 4. ORIGINAL AGREEMENT has been the subject of controvers and misunderstanding between the parties to this agreement, who tdsh hereby to merge their rights and liabilities under ORIGINAL AGREEMENT into this new agreement, which henceforth shall state the rights of liabilities of the parties hereto. COVENANTS; It is mutually agreed between the parties C hereto as follows: 1. The real property, in regard to which the parties herote arc horwby agreeing, hereinafter referred'to as PROPERTY, is located in the County of San Diego, State of California, nnd particularly described on Exhibit "A" attached hereto and by -1- . ' m m m m i 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 29 30 31 32 MMtfATUW this rsfcrence incorporated herein. 2. Except as expressly stated herein aach of the parties hereto does hereby give up nn« abandon each and nil oC its rights under ORIGINAL AGREEMENT. 3. CITY shall continue to have and maintain all its Tights under ORIGINAL AGREEMENT to do any of the following things in the manner, method, and with the equipment as determined by CITY: (a) To have the sole and exclusive right and option by and through agents and representatives to enter from time to time hereafter upon PROPERTY for the purpose of drilling or digging wells for water on any part of PROPERTY advisable by CITY; (b) To enter upon PROPERTY to install pumps, install and lay pipe lines, electric lines and other neces- . • sary equipment, and thereafter fron time to tine to Fiake repairs and renewals and operate all of such equipment and punp water from said wells; (c) To take and remove all water developed on PROPERTY and deliver it to such place or places off of PROPERTY as CITY in its sole discretion nay determine. (d) It is understood that the rights of CITY as •• - enumerated in this Paragraph 3, shall not restrict the reasonable rights of KELLY £o construct buildings upon PROPERTY, however, KELLY shall not have the right to construct any buildings upon any portion of PROPERTY in which CITY has an existing well or an existing pipo line in connection with any such well. 4. CITY shall pay to KELLY $400.00 and shall give to KELLY a letter of credit for 15 acre feet of wntcr free of chnrgo, upon the execution hereof. Except as otherwise herein stated, upon the execution hereof, neither party hereto shall OTO to the -2- m m m M i ' 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 29 30 31 32 IAHTC.WIUON TOTMTATLAW CAUP. 7*t.|*Ot other any obligation through June 30, 1964. S. During each fiscal year starting with the fiscal year /* beginning July 1, 1964, CITY shall supply free of. charge to KELLY upon his renuest therefore, u-p to the following: (1) 1.5 acre feet of water from one connection which CITY IP ay meter at any tice for stock watering use upon PROPERTY and for domestic use for the two presently existing dwellings on PROPERTY, and (2) 15 additional acr feet of water. CITY shall be entitled during each said fiscal year to produce from PROPERTY. 16.S acre feet of water without becoming obligated thereby to pay to KELLY any sum whatsoever. During each said fiscal year, once KELLY has taken 16.S acre feet of water from CITY, CITY shall then pay to KELLY monthly,for the balance -of each said fiscal year, $7.00 per acre foot for all water thereafter- produced from property; provided however than in no event shall said Donthly payments be in an amount less than $50.00 regardless of the volume of water produced. Said monthly payments shall he paid on or before the 10th day of each month for water produced the proceeding month. At CITY'S option, KELLY'S said free water nay be produced from PROPERTY or supplied from other sources. KELLY'S rights hercmnder to free water shall not accumulate fron fiscr.l year to fiscal year. In the event KELLY uses more than his fsaid free water during any fiscal year, KELLY shall pay for such additional wat«r at CITY'S then usual rates. • * ' • 6. This agreement shall be binding upon and inure to the benefit of the heirs, devisees, successors and assigns of the parties hereto. DATED; TVlMElf f^frt/T ^ foyer ot tc yity ot carisund, Carls.b<id, California -3 p II p H p p w p k^ 1 2 •Z 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 29 30 31 32 urrawucoN OWMYATIAW IOTMI OmCCT UMTM-IOOI \ TO «t « (Cwpontloii) 1 STATE Or CAUFORNIA COUNTY OP San Diego A n. Jupe 1. 1964 J Stale, pmnullr .pp^r^l _ _Carl,.H._.Nfti« iu»»n i. «• i. k. ii.. Mayor 5 kmiwn i. mm i. h. City QJerk SKK - known to mo to bo tht ponom who executed3 Inilraimnl on bthill of lhicotuuMJfn.ihr.rrfn5 acknowledged to mo that racy cdVjUUinnVilftote WITNESS mr hind ind oKclil tetl r ' Sl(..i.r. f^W^Lif (2. , /AJlAJQL • ATTEST: .'itfrfcarfft (/ UOsUACarroll R * • - t «"o *."••* "* h. Adams, trilytlerJ; . Kelly /, •<^ *C ^S^r^^XS^AliceKeTly ' ' ^r f ^^ J- boforo mo, tho ondonlinod. BWAnMor. K19 of -S./cc^V.'aif W.?tho withinnamed, indd the withinxecontiuut law and a ^LSTUART C. WILSON MV COMMISSION EXPIRES JUNE 19. 1964 NMM (Trpcd or Primed) . (InJMdul) STATE Or CAUrORNIA T On _ W»y 2^. 1964 1" f~*flT*i*rtll R. s § t* k. lh« (Minn 8 wkmoiumoS &re 6 lo tht within Intlramml and aeknowlcdfed tbaoxccultd tho MOJO. WITNESS oqr hand and ofidal Mil , ' ' ~6un </ /t /// STUART C. WILSON 1 MY COMMISSION tXPttttZ IIINF 18, Namo (Trpod or Printed) C Kelly and AliceL HOKribodi they ' (• -4- a Nolarjr Public In and for laid aret K. Adams mtntcd tho within Imtramtnl, . * A . . : . • '^ ^ • \ J . '.', *'••:• ' ••..'•i.-.!> ^Jy.A ^ilP- • _ * fttttl*"* ? Kefir" "* '" " ' | , ,V«~~ !••» x.'?:*^^. f^:.^'1''!'^ •* ' r* * .* *-: • *, '• . " » '*-,":' . ..••'.'•'•'• ''»rV X^ft^X^.^ • EXHIBIT "A" That certain real property situate in the County of San Diego, State of California, parti- cularly described as follows: In Rancho Agua Hedionda, particularly Lot B, beginning on the West line of Lot B, South 0° 06' East 1093.5 feet from the Northwest corner of said Lot; thence South 87° 45> East 1133 feet; thence South 13° 12' West 2115.3 feet to the Southwesterly line of said Lot B and the center line of the County Road; thence along said line North 54° 40' West 669.3 feet; thence North 32° 55' West 180.3 feet to the West line of Lot B; thence North 0° 11' West 1565.52 feet to the point of beginning. 111716 . 1 JUN22W54^ SEMIS s BOOK" f Clerk t'o£ Carlsbad ) Elm Avenue isbad, CA 92008 o't-'juL/ov*: SB NOV -5 Pll 2 29 ASSIGNMENT ' GRANTORS: CARROLL R. KELLY and ALICE KELLY GRANTEE: RICHARD C. KELLY, Rldgway, Colorado 81432 NOFEE «rt rm ^ m THIS ASSIGNMENT affects the following described real property: That certain real property situate in the County of San Diego, State of California, particularly described as follows: In Rancho Agua Hedionda, particularly Lot B, beginning on the west line of Lot B, South 0*06' East 1093*5 feet from the northwest corner of said Lot; thence South 87*45* East 1133 feet; thence South 13*12' West 2115.3 feet to the southwesterly line of said Lot B and the center)Ine of the County Road; thence along said line North 54*40' West 669.3 feet; thence North 32*55* West 180.3 feet to the west line of Lot B; thence North 0*11' West 1565.52 feet to the point of beginning. Grantors hereby assign and convey to Grantee all their rights and privileges under a certain "Agreement" made-between Grantors and the City of Carlsbad, a Municipal Corporation'of the State of California, dated June I, 1964 and recorded June 22, 1964 In Series 5, Book 1964 at Pages 688, 689, 690, 691 and 692 of the official records of San Diego County, California, File/Page No. 111716, hereafter referred to as "The Agreement". In consideration of said conveyance and assignment, Grantee hereby agrees to assume any and all obligations of Grantors arising from The Agreement, to perform such obligations according to the terms of The Agreement and to hold Grantors harmless and Indemnify them from any obliga- tions or debts that might arise from The Agreement. Done this t)lf day of 198S. Carroll R. Kelly / II R. Kelly /^^./x^//LKelly w \.L Grantor Rc 9 f . Kelly'" ran tor STATE OF COLORADO ) ) ss. COUNTY OF OURAY ) Grantee day ,/)>The foregoing Instrument was acknowledged before me this of //IAX,./. 1981, by CARROLL R. KELLY and ALICE KELLY. My commission expires STATE OF COLORADO ) Address : JffS &,i COUNTY OF OURAY ) ss. ) 1/4 The foregoing Instrument was acknowledged before me d*y of /JiluL' 198?, by RICHARD C. KELLY. My commission expIresxLj*x iff. / , by RICHAI ?^5Notary Public;./^ Address: