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Home My WebLink About2000-04-04; City Council; 15686; Agreement for Pipeline Easement. CITY All-Y. 1 DEPT. “0.v ‘fl Adopt Resolution No. 2000-109 to approve and authorize execution of Common Use Agreement No. 29585 for a Water Pipeline Easement on State Road 76, between Caltrans and the City of Carlsbad, CMWD Project No. 86-105. ITEM EXPLANATION: The District has an existing water pipeline in the City of Oceanside to convey water from abandoned wells to property located near Foussat Road and Mission Avenue. The pipeline is contained within a IO-foot wide easement dedicated to the City of Carlsbad that expires March 11,2014. Since the City obtained the easement, it is the agency required to approve any changes to the easement, rather than Carlsbad Municipal Water District. Beginning in 1997, the State of California Department of Transportation (Caltrans) began constructing State Road 76 in the vicinity of the water pipeline. The water pipeline and its easement have been maintained. However, Caltrans has prepared a “Consent to Common Use Agreement” to cover certain conditions regarding the use of the easement by the City. The items contained in the agreement include: 1. Caltrans can construct and maintain Highway 76 road improvements over the water pipeline easement. 2. Caltrans will preserve the use of the water pipeline easement by the City. 3. The City shall give reasonable notice to Caltrans prior to performing any work within the easement while within the limits of Highway 76. 4. The City shall not pass through or over the freeway fences constructed by Caltrans except in emergencies, or when necessary to replace or reconstruct pipeline. 5. Caltrans shall have the right to relocate the water pipeline if necessary. 6. No other rights shall be modified by the State or the City. 7. Agreement shall be binding on successors and assigns of both the City and Caltrans. The engineering and operations staff have reviewed the agreement and concurs with its conditions. iB# 6 6% UlTG. 4/04/00 IEPT. ENG Cll: OF CARLSBAD -AGENDA kL TITLE- . APPROVE AND AUTHORIZE EXECUTION OF COMMON USE AGREEMENT NO. 29585 FOR A WATER PIPELINE EASEMENT ON STATE ROAD 76 BETWEEN CALTRANS AND THE CITY OF CARLSBAD CMWD PROJECT NO. 86-105 RECOMMENDED ACTION: Although there is no requirement for the City to change the conditions of the easement, staff concurs that these proposed changes are reasonable. Agreeing to the conditions demonstrates that the City is willing to cooperate with Caltrans and this encourages a good working relationship with Caltrans on future projects. Page 2 of Agenda Bill No. 1: &lb ENVIRONMENTAL IMPACT: This item is not subject to the requirements of the California Environmental Quality Act (CEQA), per Section 15061 (b)(3) of the State CEQA Guidelines. Section 15061 (b)(3) exempts activities where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Entering into the subject agreement is such an activity. FISCAL IMPACT: There are no financial impacts to the City as a result of this agreement. EXHIBITS: 1. Location Map. 2. Consent to Common Use Agreement No. 29585 between the City of Carlsbad and the State of California, acting by and through its Department of Transportation. 3. Resolution No. 2ooo-10? o approve and authorize execution of Common Use Agreement No. 29585 for a water pipeline easement on State Road 76, between Caltrans and the City of Carlsbad, CMWD Project No. 86-105. LOCATION MAP PROJECT NAME: WATER PIPELINE EASEMENT ON STATE ROAD 76 Project No. Exhibit No. 86-105 1 3 4 : - Recordin Requested By: California Department of Transportation RAV Utilities Relocation Branch Chief P. 0. Box 85406 San Diego, California 921864406 MK 2000-0295037 JUN 06. 2000 8:30 ClPl OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GfifGORYJ.&MTH, ~T~RECORDER . * . STATE OF CALIFORNIA l DEPARTMENT OF TRANSPORTATION Spsce above this lins for Record&s Use CONSENT TO COMMON USE AGREEMENT 11 SD 76 2.0 --- Dist Co Rte Post Document No.= THIS AGREEMENT, entered into this 1 31” dayofp-~19~,byandbetweentheCITYOF CARLSBAD, hereinafter called “Owner”, and the STATE OF CALIFORNIA, acting by and through its Department of Transportation, hereinafter called “State”. WITNESSETEI WHEREAS, Owner is in possession of certain rights of way and easements, he&rafter referred to as “Owner’s easement”, and described as follows: An Agreement for a ten-foot wide pipeline easement between the City of Carkbad and Kenneth W. Fether, Harold F. Horning, Edwina C. Homing, et al. which was recorded April 2, 1964 as File/Page No. 59869 in the Oflicial Records of San Diego County, California. Said agnxment Easement term was extended until March 11,2014 by Agreement attached to the City of Carlsbad Resolution No. 8995. RW 13-2 (Rev. Y96) Page 1 of 4 C.C.U.A. NO. 29585 WHEREAS, State has acquired certain lands for highway purposes in the vicinity of Oceanside, County of San Diego, on State Route 76, hereinafler referred to as “highway right of way”, and WHBRBAS, the highway right of way occupies a portion of Owner’s easementandissubjecttosaid easement which said portion is hereinafter referred to as “area of common use”, and is described as follows: As shown on Consent to Common Use Agreement Map No. 29585 attached herein and made a part of this Agreement. NOW, THEREPORE, Owner and State hereby mutually agree as follows: 1. Owner hereby consents to the ccnsbuction, reconstruction, maintenance or use by State of a highway over, along and upon Owner’s easement in the area of common use upon and subject to the terms and conditions herein contained 2. State acknowledges Owner’s title to Owner’s easement in said ama of common use and the priority of Owner’s title over the title of State therein. Owner has and reserves the right and easement to use, in common with the public’s use of said highway, said area of common use for all of the pmposes for which Owner’s easement was acquired, without need for any further permit or permission from State. Except in emergencies, Owner shall give reasonable notice to State hefore performing any work on Owner’s facilities in said area of common use where such work will be performed in, on or over the traveled way or improved shoulders of said highway or will obstruct traffic. In all cases, Owner shall make adequate provision for the protection of the traveling public. 3. Owner shall not in the exercise of its rights under it’s easement pass through or over the freeway fences cons&u&xl by State across Owners easement: 4: A) Left of Engineem Stations 159+50 ‘A’ and 160+00 ‘A’, and B) Right of the Engineers Stations 158+50 ‘A’ and 159+00 ‘A’. Except in emergencies or when necessary to permit the ccnstnztio~ reconsbuction or replacement of Owner’s facilities. CONSENT TO COMMON USE AGREEMENT (Cont.) RW 13-2 (Rev. 5/%) Page 2 of 4 C.C.U.A. No. 29585 4. Intheeventthatthefutureuseofsaidhighwayshallatanytimeortimesnecessitatea rearrangement relocation, reconstru&ion or removal of any of Owner’s facilities then existing in said area of common use the State shall notify Owner in writing of such necessity and agree to reimburse Owner on demand for its costs incurred in complying with such notice. Owner will provide State with plans of its proposed rearrangement and an estimate of the cost thereof am$ upon approval of such plans by State, Owner will promptly proceed to effect such rearrangement relocation, reconstruction or removal. Owner shall make adequate provisions for the protection of the traveling public. No further permit or permission from State for such rearrangement shall be required and if such rearrangement shall require the relocation of any of Owner’s facilities outside of said area of common use, State will (1) enter into the standard form of Joint Use Agreement covering the new location of Owner’s easement within the highway right of way, (2) provide executed document(s) granting to Owner good and sufkient easement outside of the highway right of way if necessary to replace Owner’s easement or any part thereof, and (3) reimburse Owner for any costs it may be required to expend to acquire such easement, provided it is mutually agreed in writing that Owner shall acquire such easement. 5. Except as expressly set forth herein, this Agreement shall not in any way alter, modify or terminate any provision of Owner’s easement. Both State and Owner shall use said area of common use in such a manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed as a release or waiver of auy claim for compensation or damages which Owner or State may now have or may hereafter acquire resulting from the cons&u&ion of additional facilities or the alteration of existing fhcilities by either State or Owner insuchamannerastocausean unreasonable interference with the use of said area of common usebytheotherparty. 6. This Agreement shall inure to the benefit of and be binding upon the su~ssors and assigns of both parties. CONSENT TO COMMON USE AGREEMENT (Cont.) RW 13-2 (Rev. 5/%) Page 3 of 4 C.C.U.A. No. 29585 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their respective officials thereunto duly authorized. OWNER - CITY OF CARLSBAD A Municipal Corporation of the State of California STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Director of Transportation District Division Chief Right of Way Division Attorney in Fact CONSENT TO COMMON USE AGREEMENT (Cont.) RW 13-2 (Rev. 5/%) Pace 4 of 4 . ‘.. . - ::‘I . . I * ‘. . ’ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 4 before me,- La&. &r+& i?&& p 1 , ON-E - NAME. TITLE OF OFFICER - f.G.. ‘JANE DOE. NOTARY PIJ~LIC personally appeared . flwdL I NAME(S) OF SIGNER(S) w ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personw whose name&@&r subscribed to the within instrument and ac- knowledged to me the same in a3 a&s- executed i m/t ’ uthorized , capacity@@, and that y’ i /I$$@&$ fTh3 signaturep on the instrument the personw, or the entity upon behalf of which the personw acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevWt fraudulent reattachment of thk%form. CAPACITY CLAIMED BY SlGNER DESCRlPTlON OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER Cb~&- dd CQwmrL) hi%& c, ~~Aul& TITLE OR &PE OF DOCUMENT TI-I-WS) 0 PARTNER(S) 0 LIMITED a GENERAL I!! ATTORNEY-IN-FACT TRUSTEE(S) 00 ~UWCONSERVATOR NUMBER OF PAGES &A( 13, r’i77 DATE OF DOCUMENt SIGNER(S) OTHER THAN NAMED ABOVE 81993 NATlONAL NOTARY ASSOCIATION l 8236 Remmet Ave.. P.O. Box 7184 l Canoga Park, CA 91309-7184 . ‘7” \KL \ y;;L+lu-uozfi -- -mm. \\\a, loo1 c!‘2 L Y L I I UJ I II \\ \ I L 0 c) 2 -e ‘\lT N 0 v? 9 Z s ii uz v) c 6 b 6 L IT -O-l- -ulh, s - 3 ‘i. I - STATE OF~~CiLIFOFhIA - BUSINESS, TRANSt . . .cTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION Gray Davis, Governor DISTRICT 11 P.O. BOX 85406 SAN DIEGO, CA 921866404 (6 19) 6886946 July 5,200O 11 -SD-76 P.M.: 2.6 E.A. : 010381 U.A. No. 29585 Car&bad Municipal Water District 5950 El Camino Real Carlsbad, CA 920088893 Attention: William E. Plummer Dear Mr. Plummer: Enclosed for your records is the fully executed Consent to Common Use Agreement dated December 13, 1999 on State Route 76 on a new alignment in San Diego County in Oceanside from 0.4 mile east of Airport Road to Old Grove Road. If there are any questions, please feel free to call me at (619) 688-6682. DEBBIE RODRIGUE Utility Coordinator Right of Way Division Enclosures RESOLUTION NO. 2ooo-10g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, TO APPROVE AND AUTHORIZE EXECUTION OF COMMON USE AGREEMENT NO. 29585 FOR A WATER PIPELINE 4 EASEMENT ON STATE ROAD 76, BETWEEN CALTRANS AND THE CITY OF CARLSBAD; CMWD PROJECT NO. 86-105. 5 WHEREAS, the City has an existing water pipeline easement located in the City 6 of Oceanside extending from groundwater wells to City owned property located near Foussat 7 Road and Mission Avenue; and 6 9 WHEREAS, the State of California, Department of Transportation (Caltrans) has 10 constructed Highway 76 crossing the water pipeline easement; and 11 WHEREAS, a Consent to Common Use Agreement No. 29585 has been prepared to 12 13 14 15 16 17 18 19 provide for the joint use of the easement within the limits of Highway 76. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is authorized and .directed to execute the Consent to Common Use Agreement No. 29585 between the City of Carlsbad and the State of California, acting by and through its Department of Transportation. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 4th day of 2000 by the following vote, to wit: 20 AYES: Council Member Hall, Finnila, Nygaard and Kulchin 21 22 23 24 25 26 ATTEST: . 27 /- $&--A7 *w. 28 MRRAINE M. WOOD, City Clerk (SEAL) - L . rw -4. fl STATE OF CALIFORNIA - BUSINESS, TRANS, . (TATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION ,- Gray Davk, Governor DISTRICT 11 P.O. BOX 85408 SAN DIEGO, CA 921865404 (619) 6886662 December 14,1sg i ,? : /, ::!,i.,l II-SD-76 p j(;&,i’ j_ I ‘,‘:~>T;;&-..#.-. -. .___ __- . ..~“.--I ^ P.M. 2.6 U.A. No. 29585 Carisbad Municipal Water District 5950 El Camino Real Carlsbad, California 920086893 Attention William E. Plummer Dear Mr. Plummer: Enclosed are three (3) copies of Consent to Common Use Agreement No. 29585 covering the relocation of your easement in the vicinity of Oceanside and the County of San Diego, on State Road 76. If this agreement meets with your approval, please execute before a Notary Public two of the enclosed copies including your full organizational names and titles of the signing officers and forward the two executed and acknowledged copies back to this office for further processing. For your convenience, we have enclosed a copy of the ‘California All-Purpose Acknowledgement Form” which can be used for acknowledging your signatures. Upon receipt of the two signed and acknowledged agreements back from you, we will complete the execution and forward a fully executed copy back to you for your permanent records. If for some reason in the future you should require a duplicate copy of this agreement, our normal process includes recording the document at the County Recorders Office and maintaining our original copy in our permanent Highway Record Maps. We would like to thank you for your cooperation in this matter, and should you have any questions regarding this agreement, please feel free to contact me at the phone number listed above. Sincerely, Utility Coordinator Right of Way Division Enclosures \, 4