HomeMy WebLinkAbout2014-06-24; City Council; Resolution 2014-1511 RESOLUTION NO. 2014-151
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, TO APPROVE THE SEWER EASEMENT AGREEMENT
AND QUITCLAIM DEED WITH CABRILLO POWER I LLC FOR THE
4 AGUA HEDIONDA SEWER LIFT STATION AND FORCE MAIN
REPLACEMENT, PROJECT NO. 3492
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6 WHEREAS, the Agua Hedionda Sewer Lift Station and Force Main (sewer facilities) are part
of the Vista/Carlsbad Interceptor Sewer System, which sewer facilities have been identified for
replacement in the current City of Carlsbad Sewer Master Plan and Capital Improvement
Program; and
WHEREAS, the selected site and alignment ofthe replacement sewer facilities requires
12 that an easement be acquired from Cabrillo Power I, LLC (Cabrillo); and
13 WHEREAS, Cabrillo has agreed to provide the necessary easement to the City of Carlsbad
and the City of Vista (the Parties) at no cost and the Parties have agreed to promulgate said
easement by entering into a sewer easement agreement (agreement), which satisfies a condition
of the Settlement Agreement dated January 14, 2014 between and among the City of Carlsbad,
Carlsbad Municipal Water District, Cabrillo Power I, LLC, Carlsbad Energy Center, LLC and San
19 Diego Gas and Electric Company; and
20 WHEREAS, the portion of real property that is the subject of this resolution (the "Subject
Property") is located in the City of Carlsbad, County of San Diego, State of California, is located
west of Interstate 5, north of Cannon Road and east of the San Diego Northern Railroad right-of-
way line; is a portion of larger parcel that is presently designated as San Diego County Assessor's
Parcel Numbers 210-010-42, 210-010-45 and 210-010-46 and is legally described and depicted in
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easement acquired per a deed granted to the City of Carlsbad and the Vista Sanitation District,
recorded on June 24, 1964, in the office of the County Recorder of San Diego County as File No.
113886 of Official Records; and
WHEREAS, a portion of said sewer easement is not required for the purpose in which it
7 was granted and is not now, nor is contemplated to be, needed for future sewer purposes and
8 appurtenant facilities.
WHEREAS, the City Council ofthe City of Carlsbad, California, has determined it necessary
and in the public interest for the City of Carlsbad to enter into said agreement and to quitclaim a
portion of said existing sewer easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
as follows:
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15 1. That the above recitations are true and correct.
16 2. That the City of Carlsbad approves the Sewer Easement Agreement and the Mayor
of the City of Carlsbad is hereby authorized and directed to execute said Sewer Easement
Agreement and the City Clerk is authorized to record said document.
3. That the City of Carlsbad approves the quitclaim of a portion of the sewer easement
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21 recorded June 24,1964 as File No. 113886, which is on file with the City Clerk and is incorporated
22 herein by this reference, is approved
^•^ 4. That the Mayor of the City of Carlsbad is hereby authorized to execute the quitclaim
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deed and the City Clerk is hereby authorized to record said document.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 24th day of June 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
MATTHA'LL, Mayor
ATTEST:
BARBARA EN(pLqSON, City Clerk