HomeMy WebLinkAbout1992-01-21; City Council; 11519; Uncontrolled Stockpile SDG&E Pond Closuresc CIT-93 CARLSBAD - AGENDI‘SILL
MTG.1/21/92
DEPT.-
PE 2.91 .I 5
RECOMMENDED ACTION:
Adopt Resolution No. 9 a -2 3 approving the Uncontrolled Stockpile Agreement
between, San Diego Gas and Electric Company and the City of Carlsbad and authorizing
the Mayor to sign the agreement on behalf of the City.
ITEM EXPLANATION:
San Diego Gas and Electric Company (SDG&E) is requesting City Council approval of an
agreement to place an uncontrolled stockpile upon a portion of their Encina Power Plant
Site. The fill dirt for the stockpile is being generated from the removal of existing on-site
waste water ponds, which are no longer needed. The pond removal was previously
approved by the City pursuant to Grading Permit PE 2.91 .15. The pond removal and
stockpile plan has received approval from the California Coastal Commission.
A stockpile agreement is required by City Code because SDG&E proposes to place the
fill in such a manner that it is not suitable for the placement of building structures without
further soil analysis and foundation design. The Stockpile is proposed for a portion of
the site intended for storage of lagoon dredging equipment. Engineering staff reviewed
SDG&E’s request and has no objections to the placement of a stockpile at this location.
FISCAL IMPACT:
NONE
EXHIBITS:
1. Location Map.
2. Site Map .
2. Letter requesting Uncontrolled Stockpile Agreement
3. Signed Uncontrolled Stockpile Agreement
4. Resolution No.9 ,Q - a*3 adopting the Uncontrolled Stockpile Agreement.
LOCATION MAP
HEDIONDA
LAGOON
cm of actAnsm
PROJECT NAME SDG&E POND CLOSURE PROJECT EXHIBIT
UNCONTROLLED STOCKPILE ;:;:; 1 .
SITE MAP
UNCONTROLLED
.-- ---
--
A-
O/sTR/C76”.XfE
PROJECT NAME SDG&E POND CLOSURE PROJECT EXHIBIT
UNCONTROLLED STOCKPILE ;$f;; 2 .
San Diego Gas & Electric
PO BOX ,831 . SAN DIEGO. CA 92112 l 6191696-2000
August 5, 1991 HAND DELIVERED
FILE NO.
Ms. Sherri Howard Engineering Department City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859
SUBJECT: SDGLE PONDS CLOSURE GRADING PERMIT(PE.91.15): UNCONTROLLED
STOCKPILE AGREEMENT
Dear Ms. Howard:
This letter serves as our request to process an uncontrolled stockpile agreement for the area identified as an uncontrolled fill area on sheet 3 of the grading and erosion control plans for grading permit PE?91.15.
We are requesting the uncontrolled stockpile agreement for this area because it is utilized solely as a 'Ilay downfll storage area for our dredging equipment and other miscellaneous power plant items.
Please call me at 696-2410 if you have any questions about this request.
David S. Siino Senior Land Planner
cc. Paul O'Neal, SDGE
RECORDING REQUESTED BY AND 1 WHEN RECORDED MAIL TO: 1
City of Carlsbad 1200 Carlsbad Village Drive ) Carlsbad, California 92008 1
Space above this line for Recorder's use
Parcel No. 210-01-26, 32
AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AND UNCONTROLLED STOCKPILE
THIS AGREEMENT is entered into this o?&~ day >L,&EC
-I 19 $a, by and between San Diego Gas and Electric, a
Corporation, hereinafter referred to llDevelopertl whose address
is 101 Ash Street, San Diego, CA 92112 and San Diego Gas and
Electric, a Corporation, hereinafter referred to as llOwner"
whose address is 101 Ash Street, San Diego, CA 92112,
AND
the CITY OF CARLSBAD, a municipal corporation of the State of
California, hereinafter referred to as l'CITY,tl whose address
is 1200 Elm Avenue, Carlsbad, California 92008.
RECITALS
WHEREAS, Owner is the owner of the real property
described on Exhibit rlA1t, attached to and made a part of this
agreement, and hereinafter referred to as "PropertyIt; and
WHEREAS, the property lies within the boundaries of City;
and
WHEREAS, Developer wishes to stockpile 15,000 cubic yards
on Owners property (Exhibit A): and
WHEREAS, Owner acknowledges that as an uncontrolled
stockpile the site is not eligible for a building permit
AGREEHENT/AG-M.FRH 1
I. ,
,
unless special soils analysis and foundation design are
submitted and approved; and
WHEREAS, Developer acknowledges that the grading shall be
done and maintained in a safe and sanitary manner at the sole
cost, risk and responsibility of Developer or his successors
in interest: and
WHEREAS, the grading or stockpiling shall be constructed
in accordance with plans approved by the City Engineer.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agrees as follows:
1. Developer and Owner promise to indemnify and to hold
the City of Carlsbad and any of its agencies or employees
harmless from liability for injuries to persons, or damage to
or taking of property, directly or indirectly caused by the
diversion of waters, the blockage or alteration of the normal
flow of surface waters or drainage; or by the encroachment of
any stockpile on neighboring property; or by any action or
grading operation used in placing or removing the uncontrolled
stockpile.
2. This agreement shall be approved by the City Council
and recorded by the City Clerk in the Office of the County
Recorder as an obligation upon land involved.
3. This notice shall remain in effect until a release
of this agreement if filed by the City Engineer.
IN WITNESS WHEREOF, this agreement is executed in San
AGREEMENT/AG-30.FRM 2
.
Diego County, California as of the date first written.
OWNER: DEVELOPER
San Dieso Gas & Electric San Dieao Gas & Electric
BY blargot<n.) Kyd, .V$e President Title A&inistrative Thnrirec Tlilr / gz-+zeuL‘j
U. M. Koch r son
Title Secretary
ATTEST: CITY OF CARLSBAD, a municipal
APPROVED AS TO FORM: -
STATE OF CALIFORNIA -. _
ENERAL ACKNOWLEDGMENT NO. 201
Stateof CAT,IFORNIA On this the-day of NOVEMBER 19XL, before me,
ss.
County of SAN DIEGO LORAINE E GRAY I
the undersigned Notary Public, personally appeared
D M. RICHARDSON t
@ personally known to me
Cl proved to me on the basis of satisfactory evidence
to be the person@) whose name@) i S subscribed to the
within instrument, and acknowledged that he executed it.
NATIONAL NOTARY ASSOCIATION . 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills, CA 91364
EXHIBIT "A" LEGAL DESCRIPTION
PARCEL 3:
THAT PORTION OF LOT "H" OF RANCH0 AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT ON INTERSECTION OF THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN WITH THE WESTERLY PROLONGATION OF A LINE WHICH IS PARALLEL WITH AND DISTANT 2000 FEET AT RIGHT
ANGLES SOUTHERLY FROM THE SOUTHERLY LINE OF BLOCK "V" OF PALISADES NUMBER TWO, ACCORDING TO MAP THEREOF NO. 1803, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST
25, 1924, THE BEARING OF WHICH PARALLEL LINE AND ITS WESTERLY PROLONGATION THEREOF IS RECORDED AS NORTH 72O25' EAST ON SAID
MAP OF SAID PALISADES NUMBER TWO; THENCE FROM SAID POINT OF INTERSECTION, NORTH 72O25' EAST ALONG SAID PARALLEL LINE AND THE PROLONGATION THEREOF, TO THE WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, AS SAID RIGHT OF WAY WAS ESTABLISHED ON SEPTEMBER 22, 1948; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DISTANCE OF 2755.18 FEET TO A POINT; THENCE SOUTH 66O54'10" WEST TO THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN, SAID LAST NAMED
COURSE AND BEARING BEING PARALLEL WITH THE LOCATION AND
PROLONGATION OF THAT COURSE, IN THE SOUTHERLY BOUNDARY OF THE
LAND DESCRIBED IN QUIT CLAIM DEED FROM PAUL ECKE, ET UX, TO GROVER C. JACOBSEN, ET AL, RECORDED APRIL 29, 1948 AS DOCUMENT
NO. 43667 IN BOOK 2778, PAGE 341 OF OFFICIAL RECORDS; DESIGNATED AS "NORTH 66O54'10" EAST 1770 FEET" AS SAID LOCATION AND PROLONGATION OF SAID COURSE WAS MONUMENTED ON THE GROUND ON
SEPTEMBER 22, 1948; THENCE NORTHWESTERLY ALONG ,THE SAID MEAN
HIGH TIDE LINE OF THE PACIFIC OCEAN TO THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF LOT "H" OF RANCH0 AGUA HEDIONDA,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF A LINE WHICH IS
PARALLEL WITH AND DISTANT 2000 FEET AT RIGHT ANGLES SOUTHERLY FROM THE SOUTHERLY LINE OF BLOCK "V" OF PALISADES NO. 2,
ACCORDING TO THE MAP THEREOF NO. 1803, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924, THE
AGRJZEMENT/AG-30-F 4
, .’
.
.
BEARING OF WHICH PARALLEL LINE AND ITS WESTERLY PROLONGATION
THEREOF IS RECORDED AS NORTH 72O25' EAST ON SAID MAP OF SAID PALISADES NO. 2, WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, AS SAID RIGHT OF WAY WAS ESTABLISHED ON SEPTEMBER 22, 1948, THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DISTANCE OF 2755.18 FEET; THENCE PARALLEL WITH A PORTION OF THE SOUTHERLY BOUNDARY OF THE JACOBSEN LAND HEREIN AFTER DESCRIBED NORTH 66O54'10" EAST 50 FEET TO THE CENTER LINE OF SAID RAILWAY RIGHT OF WAY; THENCE ALONG SAID CENTER LINE SOUTH 23OO6' EAST 60 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF THE LAND DESCRIBED IN QUITCLAIM DEED FROM PAUL ECKE, ET UX, TO GROVER C. JACOBSEN, ET AL, RECORDED APRIL 29, 1948 AS DOCUMENT NO. 43667 IN BOOK 2778, PAGE 341 OF OFFICIAL RECORDS; SAID POINT BEING HEREIN DESIGNATED AS POINT "T"; THENCE ALONG SAID SOUTHERLY BOUNDARY OF SAID LAND SO DESCRIBED NORTH 66O54'10" EAST 1770 FEET TO A SECOND ANGLE POINT IN SAID BOUNDARY; THENCE LEAVING SAID BOUNDARY, CONTINUING NORTH 66O54'10' EAST 17 FEET; THENCE NORTH 23OO5'05" WEST TO THE SOUTHWESTERLY AND SOUTHERLY BOUNDARY OF THE SWAMP OR OVERFLOW LAND KNOWN AS THE LAGOON BED, AS SAID BOUNDARY WAS LOCATED ON SEPTEMBER 28, 1948; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID SOUTHWESTERLY AND SOUTHERLY BOUNDARY OF SAID SWAMP LAND TO THE EASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY RIGHT OF WAY; THENCE
SOUTHERLY ALONG SAID EASTERLY LINE OF RIGHT OF WAY TO SAID LINE
WHICH IS A LINE WHICH IS PARALLEL WITH AND DISTANT 2000 FEET AT
RIGHT ANGLES SOUTHERLY FROM THE SOUTHERLY LINE OF BLOCK "V" OF PALISADES NO. 2 ACCORDING TO THE MAP THEREOF NO. 1803; THENCE ALONG SAID PARALLEL LINE SOUTH 72O25' WEST TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF SAID RAILWAY RIGHT OF WAY
DESCRIBED IN DEED RECORDED AUGUST 30, 1909, AS DOCUMENT NO. 3091, IN BOOK 473, PAGE 111 OF DEEDS.
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF LYING EASTERLY OF
THE WESTERLY LINE OF THE STATE HIGHWAY 5 AS DESCRIBED IN DECREE
OF CONDEMNATION IN FAVOR OF STATE OF CALIFORNIA, ISSUED OUT OF
THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SAN DIEGO, IN CASE NO. 164226, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 2, 1952 AS DOCUMENT NO. 54449, IN BOOK
4456, PAGE 192 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS
FOLLOWS:
BEGINNING AT THE ABOVE DESIGNATED POINT 'T'; THENCE NORTH
66O54'10' EAST ALONG THE SOUTHERLY LINE OF SAID JACOBSEN LAND
110.00 FEET TO THE TRUE POINT OF BEGINNING OF THE EXCEPTION PARCEL HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING ALONG SAID SOUTHERLY LINE NORTH 66O54'10'
EAST, 264.36 FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN FINAL ORDER OF CONDEMNATION FOR FREEWAY
.
PURPOSES, RECORDED MAY 5, 1952, AS DOCUMENT NO. 54449, IN BOOK 4456, PAGE 192 OF OFFICIAL RECORDS, SUPERIOR COURT CASE NO. 164226, WHICH POINT IS SOUTH 66O54'37" WEST A DISTANCE OF 400.00 FEET FROM CENTER LINE ENGINEERS STATION 348 PLUS 52.77 AS SHOWN ON RIGHT OF WAY MAP THEREOF Xl-SD-2-B ON FILE IN THE OFFICE OF THE DISTRICT STATE HIGHWAY ENGINEER; THENCE NORTHERLY, NORTHEASTERLY AND NORTHWESTERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID CALIFORNIA STATE HIGHWAY, THE FOLLOWING COURSES AND DISTANCES:
NORTH 23OO5'23" WEST, 30.00 FEET; NORTH 66O54'37" EAST (RECORD NORTH 66O54'10" EAST) 190.00 FEET; NORTH 43O36'35" EAST, 48.96 FEET; NORTH 3O23'55" WEST, 103.91 FEET, NORTH 2OO58'39" WEST, 270.19 FEET; NORTH 15°40'02" WEST 231.95 FEET; NORTH 23OO5'55" WEST 60.79 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID STATE HIGHWAY WHICH POINT IS 708.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY LINE OF THE ABOVE DESCRIBED JACOBSEN LAND; THENCE LEAVING THE WESTERLY RIGHT OF WAY LINE OF THE SAID CALIFORNIA STATE HIGHWAY, SOUTH 66O54'10" WEST PARALLEL WITH THE SOUTHERLY BOUNDARY OF SAID JACOBSEN LAND 574.37 FEET TO A POINT WHICH IS 60 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF THE RIGHT OF WAY OF SAID ATCHISON, TOPEKA AND SANTA FE RAILWAY, HEREIN DESIGNATED AS POINT "U" ; THENCE SOUTH 23OO6' EAST, PARALLEL WITH THE EASTERLY LINE OF SAID RAILWAY RIGHT OF WAY 708.00 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING.THEREFROM THAT PORTION OF THE 100 FOOT RAILROAD
RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY
COMPANY AS ESTABLISHED ON SEPTEMBER 22, 1948, THAT LIES
SOUTHERLY OF A LINE BEGINNING AT POINT "U", HEREINBEFORE REFERRED TO ; THENCE SOUTH 66O54'10" WEST 160 FEET TO THE WEST LINE OF SAID RAILROAD RIGHT OF WAY.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME
OR UNDER MY DIRECTION IN CONFORMANCE WITH THE
DOUGLAS C.VHENKE L.S. 3669
.
RESOLUTION NO. 92-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING AN UNCONTROLLED
STOCKPILE AGREEMENT
WHEREAS, San Diego Gas and Electric has submitted a grading plan requiring an
uncontrolled stockpile on their property located east of Carlsbad Boulevard and south of the
Agua Hedionda Lagoon;
WHEREAS, the City of Carlsbad had determined it to be in the public interest to grant
the Uncontrolled Stockpile Agreement;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad,
California as follows:
1. That the above recitation is true and correct.
2. That the City Manager is authorized to execute the agreement and City Clerk
is authorized to cause the Uncontrolled Stockpile Agreement to be recorded in the Office of
the County Recorder of San Diego County, State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 21st day of January 1992 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
ATTEST:
AL\EtHA L. City Clerk Assistant City Clerk