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HomeMy WebLinkAboutSan Diego, County of; 2000-10-04;c - TEMPORARY RIGHT OF ENTRY FOR PALOMAR AIRPORT NOISE MONITORING TC4369 Assessor Parcel No.: 214-140-13 The County of San Diego desires to set up mobile noise monitoring equipment in residential neighborhoods to monitor aviation noise around Palomar Airport. The City of Carlsbad is the owner of real property located on Hidden Valley Road, west of Plum Tree Road and south of Turnstone Road, known as Assessor Parcel No. 214-140-13, located in Carlsbad, California. The City of Carlsbad, for the benefit of the surrounding community and themselves for no monetary consideration, agree to allow the County of San Diego and its agents to enter upon the owners' property to install and monitor mobile noise monitoring equipment on Assessor Parcel No. 214-140-13. The equipment shall consistef: A box of electrical equipment measuring 20" x 20" x 13", requiring connection to 110 volt electrical power and a dedicated telephone line. A cylindrical microphone 24" long and 2".in diameter to be mounted on a small base. A cable connecting the microphone to the electrical equipment. The equipment will be located on the property in a location agreed upon by the City of Carlsbad and the Airport Noise Abatement Officer . The equipment will be hooked up to the real property owners' existing telephone and electrical lines, located in maintenance trailer at Poinsettia Park for the full term of this right of entry. The costs for installation, removal and telephone usage of the monitoring equipment will be paid for by the County of San Diego. The City of Carlsbad shall pay for all electrical usage of the monitoring system while it is being utilized. The owners' real property, telephone and electrical lines will be restored to their original condition upon removal of the monitoring equipment on the expiration of this right of entry. The real property owners shall bear no costs involved with this right of entry, except for the electrical usage. The use of this right of entry; the owners' real property, telephone and electrical lines; and the equipment shall not interfere with the real property owners' normal use of their real property, telephone and electrical line systems. -1- This right of entrq is granted with the unde. canding that the County of San Diego agrees to hold the undersigned real property owner harmless from any and all penalties, liabilities or loss resulting from claims or court actions arising directly or indirectly out of any damage or injury to persons or property by reason of acts or omissions of the said County, its agents, employees, or independent contractors, in exercising any of the privileges herein granted or in consequence thereof. The County shall further hold harmless the City of Carlsbad from any damage to the monitoring equipment placed on the City's property that is the result of vandalism or acts of nature. This right of entry shall remain in effect and be irrevocable for a period of six months and shall commence on the date this right of entry is signed by the real property owner. CITY OF CARLSBAD By: Ray Patchett, City Manager COUNTY OF SAN DIEGO - Real Estate Services Division Department of General Services AS TO FORM BAU, C@ Attorne, -2- * John A. Miller Dkrdor October 9,2000 NT FIQlnES SERIIKES o*c#n FLEET YeUMTLENT o n4.zIn REAL €MAE SERVICES DOawM%RVICES ouuw PURowlllQICONTRIcTllQ 0 ucaa DEPARTMENT OF GENERAL SERVICES o n4.m 5555 OVERLAND AVENUE. SAN DIEGO. CA 92 I 23 I 294 Project: Palomar Airport Noise Monitoring W. A. No.: TC4369 System Ms. Debra Doerfler Carlsbad City Clerk’s Ofice 1200 Carlsbad Village Drive Carlsbad, California 92008 Dear Ms. Doerfler: Enclosed for your records is a duplicate original executed Right of Entry for Assessor Parcel Number 214-140-13 for the Palomar Airport Noise Monitoring System to install equipment on this site. LEWIS L. FARIAS, Senior Real Property Agent Real Estate Services Division LLF:llf Encl: Copy to: Mr. Doug Duncanson, Parks Department, City of Carlsbad, 405 Oak Street, Carlsbad, California, 92008 and Kenneth H. Seymour, Palomar Airport (N137) Diredor DEPARTMENT OF GENERAL SERVICES 5555 OVERLAND AVENUE, SAN DIEGO. CA 92 123- I 294 September 8. 2000 Mr. Doug Duncanson Parks Department City of Carlsbad 405 Oak Street Carlsbad. California 92008 Project: Palomar Airport Noise Monitoring System W. A. No.: TC4369 Assessor Parcel No.: 214-140-13 Dear Mr. Duncanson: Palomar Airport has a noise monitoring system for evaluation of all aircraft flying in the vicinity of the airport, including those that are taking off and landing at the airport. From time to time some of the system which is portable is relocated to different areas to obtain noise readings from the areas to which these portable units are relocated. The coordinator at the airport for the noise monitoring system, Kenneth Seymour, would like to relocate one ofthese portable units to the northeast corner of Poinsettia Park near Hidden Valley Road. west of Plum Tree Road and south ofTurnstone Road in Carlsbad. This real property. Assessor Parcel No. 214-140-13, is owned by the City of Carlsbad. Enclosed for your review are three sets of a “Temporary Right of Entry” pertaining to the utilization ofthis corner of the Poinsettia Park. Please review it and if it satisfies your requirements. please have the appropriate authorized party sign the right of entry. Thereafter, please return three sets to me and I will have the County sign the right of entry. Alter all parties have signed the right ofentry. I will send you a duplicate original for your tiles. If you wish to add or delete any of the context ofthe right of entry, please call me and we can discuss the change (s). My phone number is (858) 694-2308. It is my understanding that Kenneth Seymour has already discussed this request with you previously. Thanks for your time and effort in completing this request Senior Real Property Agent Real Estate Services Division LLF:llf Encls: I Scott Carroll -Temporary Right of Entry, r-'lnty of San Diego Page 1 From: Damien Brower To: Carroll, Scott Date: 9/20/00 10:09AM Subject: Temporary Right of Entry, County of San Diego Scott, As I indicated earlier today, per your request I have had the opportunity to review the above referenced document and have no suggested changes. I have also discussed the matter with Ron and while the right of entry form does not need to be approved by the City Council, it should be signed by Ray. Has the County sent us a signed document yet? If so, I can approve the originals to form prior to Ray signing. Please contact me should you have any questions or wish to discuss further. Thanks. Damien \i,?lTE IT - DON'T SAY I ,*! - ~ City of Carlsbad Records Management Department October 4,2000 Mr. Lewis L. Farias Real Estate Services Division Department of General Services County of San Diego 5555 Overland Ave. San Diego CA 92123-1294 Re: Palomar Airport Noise Monitoring System (W. A. No.: TC4369) The City of Carlsbad approved the agreement for temporary right of entry for Palomar Airport Noise Monitoring Per your instructions in a letter dated September 8,2000, please find enclosed all three executed copies of the agreement. Upon execution by the County, please return one fully executed copy of the agreement to each of the following: Mr. Doug Duncanson Parks Department City of Carlsbad 405 Oak Street Carlsbad CA 92008 Debra Doerfler Carlsbad City Clerk's Office 1200 Carlsbad Village Dr. Carlsbad CA 92008 If you have any questions regarding the agreement, please contact Mr. Duncanson. Debra Doerfler - d/ Carlsbad City Clerk's Office Enclosure 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 (760) 434-2808 @