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HomeMy WebLinkAbout2012-06-26; City Council; 20950; Authorizing and Directing Condemnation of Real Property Interests for Vista Carlsbad Interceptor Sewer Project No. 3492CITY OF CARLSBAD - AGENDA BILL 14 20.950 AB# MTG. 6/26/12 DEPT. UTIL AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER, PROJECT NO. 3492 DEPT. DIRECTOR CITY ATTORNE CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2012-154 authorizing and directing the condemnation of certain real property interests in the City of Carlsbad, State of Califomia, for the Vista/Carlsbad Interceptor Sewer, Project No. 3492, and declaring the public necessity thereof. ITEM EXPLANATION: The Vista/Carisbad (V/C) Interceptor Sewer was constructed in 1965 and is jointly-owned by the City of Vista and the City of Carisbad. The alignment, approximately eight miles in length, extends from the City boundary at the northeast corner of the city to the Encina Water Pollution Control Facility (Encina). The V/C Sewer System is divided into 15 segments (Reaches VC1 - VC15) and includes two sewer lift stations, the Buena Vista Lift Station and the Agua Hedionda Lift Station. The upper reaches of the Vista/Carisbad Sewer System from VC1 through VC11A have been replaced or rehabilitated in recent years. However, the remaining pipelines in reaches VC11B to VC15, including the Agua Hedionda Lift Station, do not have the capacity to convey the ultimate flows projected for the basin. A project to replace or upsize these facilities has been identified in Carisbad's Sewer Master Plan and funds have been appropriated in the current Capital Improvement Program. In order to increase the capacity of the sewer system and to improve system reliability, the City proposes to install a parallel pipeline from Agua Hedionda Lagoon to approximately the Encina Water Pollution Control Facility. The new pipeline crosses property owned by San Diego Gas & Electric Company and will require the City to obtain a 1.004 acre easement over a portion of this property (Assessor's Parcel No. 210-010-42) that is currently being used by San Diego Gas & Electric as an electrical substation. Other alignments in the vicinity were also evaluated. However, the proposed alignment is superior to the other locations because it provides for the greatest operational function and efficiency. It is also superior in consideration of constructability and minimizing project cost. The proposed easement will not interfere with or impair the continued public use of the property by SDG&E. In accordance with State Law, on May 29, 2012, the City of Carisbad gave notice of the June 26, 2012 hearing to the owner of the property by regular and certified mail. Pursuant to State law, to proceed with a condemnation action, the City of Carisbad must adopt a Resolution of Necessity. Any decision to acquire the subject property rights must be supported by DEPARTMENT CONTACT: Terry Smith 760-602-2765 terrv.smith@carlsbadca.aov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 substantial evidence of the existence of the three basic requirements set forth in Code of Civil Procedure section 1240.030. These are: 1. The publicinterest and necessity require the project. 2. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. Adoption of the attached Resolution of Necessity requires not less than a four-fifths (4/5) vote of all members of the City Council. An offer to purchase the property for its fair market value as required by Section 7267.2 of the Government Code has been made to the owner of record of the property and the offer was rejected. ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MND/MMRP) were prepared and first sent to the State Clearinghouse (SCH #2010081053) for a 30-day public review period on August 15, 2010. Since then, staff completed additional analysis of the MND/MMRP. As a result, additional mitigation measures were added or amended from the previously circulated EIA Part 2 document and incorporated into the Conditions of Approval in order to reduce identified environmental impacts to a level of insignificance. According to CEQA Section 15073.5(b)(1), if "a new, avoidable significant effect is identified and mitigation measures or project revisions must be added in order to reduce the effect to insignificance," then the document must be re-circulated. Therefore, the City Planner issued a Notice of Intent to adopt a Mitigated Negative Declaration for the project on July 23, 2011 and sent it to the newspapers, County of San Diego, and the State Clearinghouse for a 30-day public review and comment period (July 23, 2011 - August 22, 2011). Three comment letters were received during the 30-day public review; however, the comment letters did not necessitate any changes to the project. The environmental documents were adopted by the City Council at its meeting held on December 6, 2011. FISCAL IMPACT: Pursuant to an appraisal of the property rights sought, the fair market value of the property is $63,104. This amount will be paid out of the line item shown below for utility relocation, easement acquisition and railroad fees, which has a current budget amount available of $1,380,000. A summary of current and projected project costs is as follows: PROJECT COST SUMMARY FOR THE AGUA HEDIONDA SEWER LIFT STATION AND V/C INTERCEPTOR SEWER REPLACEMENT PROJECT, REACHES VC11B - VC15 (PROJECT NOS. 3492, 3886, AND 3949) Manhole Rehabilitation Contract (Completed - Actual Costs) $344,900 Studies, Environmental Compliance and Design Activities (As of 3/31/2012) $3,549,121 Existing Encumbrances $515,711 City Project Management and Miscellaneous Costs (Estimated) $50,000 Subtotal of Costs (Through Design) $4,459,732 Utility Relocation, Easement Acquisition and Railroad Fees $1,380,000 Estimated Construction Phase Costs & Contingency $40,261,000 TOTAL ESTIMATED PROJECT COST $46,100,732 TOTAL APPROPRIATIONS TO DATE $46,230,000 ADDITIONAL APPROPRIATION REQUIRED $0 Page 3 Sufficient funds are currently available for the completion of the project. All project related costs will be shared between the City of Carisbad and the City of Vista as described within the existing 2002 ownership agreement between the two cities for operation and maintenance of the V/C Interceptor Sewer System. EXHIBITS: 1. Location Map. 2. Resolution No. 2012-154 . a Resolution of the City Council of the City of Carlsbad Authorizing and Directing the Condemnation of Certain Real Property Interests for the Vista/Carlsbad Interceptor Sewer, Project No. 3492. LOCATION MAP REQUIRED UTILITY EASEMENT Cmr OF OCEANSIDE HIGHWAY I VICINITY MAP NOT TO SCALE SITE NOT TO SCALE PROJECT NAME AGUA HEDIONDA LIFT STATION & FORCE MAIN REPLACEMENT PROJECT NUMBER 3492 EXHIBIT 1 PLOTTED BY: SCOTT EVANS PLOT DATE:5/29/12 PATH:C:\UT1UVES DEPARTyENT\L0CAT10N MAPS\394ZDWG 7 1 RESOLUTION NO. 2012-154 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY 4 INTERESTS FOR THE VISTA/ CARLSBAD INTERCEPTOR SEWER. PROJECT NO. 3492. 5 6 WHEREAS, the portion of real property that is the subject of this Resolution (the "Subject Property") is located in the City of Carisbad, County of San Diego, State of California, is 5 located West of Interstate 5 near the intersection of Cannon Road and Avenida Encinas; is a ^ portion of a larger parcel that is presently designated as San Diego County Assessor's Parcel Number 210-010-42 and is legally described and depicted in Exhibits "A" and "B" hereto ^ ^ (incorporated herein by this reference); and WHEREAS, the proposed project that is the subject of this Resolution (the "Proposed Project") is the addition of a parallel pipeline for the Vista/Carisbad Interceptor Sewer, Project No. 3492; and WHEREAS, the interest in property that is the subject of this Resolution ("Subject Property Interest") is described in Exhibit "C" (incorporated by this reference); and WHEREAS, the statutes that authorize the City of Carisbad to acquire the Subject Property Interest by eminent domain include Article I, Section 19 of the California Constitution, Sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.110, 1240.130, 1240.510, and 1240.610 of the California Code of Civil Procedure and Sections 37350, and 37350.5 of the California Government Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad, California, as follows: 1. That the above recitations are true and correct. 2. That notice of the City Council's intention to adopt this Resolution of Necessity was duly given as required by Section 1245.235 of the California Code of Civil Procedure. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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 3. On June 26, 2012, the City Council of the City of Carisbad did hear and consider all of the evidence presented. 4. The public interest and necessity require the Proposed Project. 5. The Proposed Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. 6. That the Subject Property interest is necessary for the Proposed Project. 7. The offer required by Section 7267.2 of the Government Code has been made to the owner of record of the Subject Property. 8. To the extent that the Subject Property is already devoted to a public use, the use of the Proposed Project is a compatible use that will not unreasonably interfere with or impair the continuance of the public use as it presently exists or may reasonably be expected to exist in the future (California Code of Civil Procedure section 1240.510) or the use of the Proposed Project is a more necessary public use than is the presently existing public use (California Code of Civil Procedure section 1240.610). BE IT FURTHER RESOLVED AND ORDERED that the City Attorney of the City of Carisbad is hereby authorized and empowered: 1. To acquire (in the name of the City of Carisbad) the Subject Property Interest by condemnation in accordance with the Constitution and laws relating to eminent domain. 2. To prepare and prosecute in the name of the City such proceedings in the proper court having jurisdiction thereof as are necessary for such acquisition. 3. To compromise and settle such proceedings if such settlement can be reached and, in that event, to take all necessary actions to complete the acquisition including stipulations as to judgment and other matters and causing of all payments to be made. /// /// 1 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carisbad on the 26*^ day of June, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. ABSENT: None. LOKRAIKJE M. WOOD, City Clerk (SEAL) Exhibit A File No: H923425 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of Parcel 7 of Certificate of Compliance recorded October 30, 2001 as Instrument No. 2001-0789072 of Official Records, as shown on Record of Survey (ROS) 17350, lying within Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to the Partion Map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, November 16, 1896, described as follows: Parcel 1: Beginning at the Intersection of the Easterly line of the San Diego Northern Railroad (formerly known as Atchison, Topeka and Santa Fe Railway) and a point which bears South 67° 29' 44" West (Record South 67" 29' 48" West per Parcel Map 19380) from the Northwest corner of Parcel 5 of Cannon Court (MS 99-16), In the City of Carlsbad, County of San Diego, State of California, according to Parcel Map thereof No. 19380, filed in the Office of the County Recorder of San Diego County December 2, 2003; Thence North 67° 29' 44" East, 5.25 feet to the True Point of Beginning; Thence continuing along said line North 67° 29' 44" East, 30.00 feet; Thence leaving said line North 22° 30' 16" West, 889.92 feet to the Northerly line of said Parcel 7; Thence along the Northerly line of said Parcel 7, South 62° 25' 10" West (record South 62° 25' 10" West per ROS 17350), 30.12 feet; Thence leaving said line South 22° 30' 16" East, 887.26 feet to the True Point of Beginning. Note: This Company has provided said description as an accommodation for tlie purpose of facilitating this report. Said description is not an insurable parcel pursuant to the Subdivision Map Act of the State of California and should not be relied upon to convey or encumber said land, until approved by the appropriate governing agency. Assessor's Parcel Number: 210-010-42 i PLAT MAP Exhibit B rpicBEe^ieesQBtiiimiiii MQIHIIIIIIinillllllll stKrc wucH PACJFiC OCEAN MAP 823 - mo AGUA HEDIONDA 7 Exhibit C RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel No.: 210-010-42 Documentary transfer tax is $0^0 Project ID: CP 3492 ( ) computed on full value of property conveyed, or Project Name: Agua Hedionda Sewer • ( ) computed on full value less value of liens and Lift Station and Force Main Replacemeni Encumbrances remaining at time of sale. Project ( ) Unincorporated area: (x) City of Carlsbad, and GRANT DEED OF GENERAL UNDERGROUND UTILITY EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby act<nowledged. The San Diego Gas & Electric Company, a California corporation (GRANTOR) the owner of real property described herein located in the City of Carlsbad, San Diego County, California hereby GRANTS to City of Carlsbad, a Municipal Corporation (GRANTEE) the following described real property in the City of Carlsbad, County of San Diego, State of California: An easement for General Utilities and appurtenances thereto for the purposes of construction, operation, repair, reconstruction and ali activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, and transporting all wastewater, potable water or recycled water flowing into said facilities. Said facility may include pipelines, and sub-surface structures designed to control the flow, and ali facilities and structures associated wth said use which is designed to facilitate the use and protect the facility from natural and other forms of damage. However, the easement area shall at all times be free and clear from any structure that impedes vehicular access, to, from, along and within the Easement Area, All facilities constructed within the Easement Area shall be designed for HS-20 loading as defined by the American Association of State Highway and Transportation Officials (AASHTO). Loads greater than HS-20 loading shall require approval prior to entering the Easement Area. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The underground easement described herein shall be exclusive to the Grantee, however, the Grantee has the right to grant a co-interest in the easement to the City of Vista. Grantor herein maintains the right to construct facilities which cross the easement area while maintaining a minimum of 18" vertical clearance between facilities. Grantor also agrees that no buildings and/or structures will be erected, walls constructed, nor trees planted, nor may the easement be used by any other person or entity, including other utilities, whether public or private, for uses incompatible with the uses described herein without the express written approval of the Grantee which shall not to be unreasonable withheld. REV 1/17/12 0 Grantee herein agrees that the general underground utility easement shall be subject to Grantors existing and future utility facilities; provided, however, that such future utility facilities shall not be incompatible with the Gantee's exercise of Its rights under the easement granted hereunder. Grantor, in its reasonable discretion, retains the right to review and approve of specific locations of Grantee's facilities to avoid conflict with Grantor's existing and future facilities. In the event that the future use of Grantee's easement by Grantee shall at any time necessitate a rearrangement, relocation or reconstruction of Grantor's facilities, the same shall be performed at the cost of Grantee. Except in the event of an emergency. Grantee shall provide twenty (20) business days notice to Grantor prior to constructing, reconstructing operating, maintaining or repairing Grantee's facilities. Reserving to Grantor, among the other rights set forth herein, the unrestrained right of ingress and egress, including vehicular access, to, from, along and within the Easement Area by a practical route or routes, in, upon, over and across the Property to access the real property owned by Grantor more particularly described in Exhibit "A" attached hereto and made a part hereof. The easement granted herein shall be located within and upon the properties more particularly descnbed as Parcel "A" in Exhibit "A" and Exhibit "B" attached hereto and by this reference made a part hereof. DATED OWNER: By: (Sign Here) (Print Name Here) (Title) By: (Sign Here) (Print Name Here) (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT; PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Title) REV 1/17/12 il CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of; On_.„. Dats personally appeared before me. } Mere Insert Name and Title of Ihe Offfcer Nanie(s) of Slgner(s) whp proved to me on the basis of satisfactory evidence to be the person(s) .whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaclty(ies), and that by his/her/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and ofiflclal seal. Place Notary Seal Above Signature. OPTIONAL - Signature bf Notary Publlo Though the Information below Is not required by law, It may prove valuable to persons relying on the document and oould prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date:. Number of Pages: Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Slgner(s) Signer's Name: . • Individual • Corporate Officer —Tltle(s): • Partner—Q Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: [ Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb herS Signer's Name: • individual • Corporate bfficer —• Tltle(s): • Partner — • Limited (3 General • Attorney in Fact • Trustee • Guardian or Conservator • Other: . Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of ihufTib here. ©2007 NaUonal Notary Awoctetlon»93S0 Do Solo Ava. P.O.Box 2402»awitsvTOrth. CA 91313.2402. www.NattonalNotary.org Item #5907 ReoitlenCa»TolH=iB01-800-876-6827 REV 1/17/12 EXHIBIT 'A' I THAT PORTION OF PARCEL 7 OF CERTIFICATE OF COIVIPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789072 OF OFFICIAL RECORDS. AS SHOWN ON j RECORD OF SURVEY (ROS) 17350, LYING WITHIN LOT 'H' OF RANCHO AGUA HEDIONDA j IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, j ACCORDING TO THE PARTITION IWAP THEREOF NO. 823, FILED IN THE OFFICE OF THE 1 COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16, 1896. DESCRIBED AS FOLLOWS: I PARCEL A: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF THE SAN DIEGO NORTHERN RAILROAD (FORMERLY KNOWN AS ATCHISON. TOPEKA AND SANTA FE RAILWAY) AND A POINT WHICH BEARS SOUTH 67''29'44" WEST (RECORD SOUTH 67"29'48" WEST PER PARCEL MAP 19380) FROM THE NORTHWEST CORNER OF PARCEL 5 OF CANNON COURT (MS 99-16), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 19380, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 2. 2003; TIICNCE NORTH 67'29'44" EAST. 5,25 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 67»29'44" CAST, 30.00 FEET; THFNOF LEAVING SAID LINE NORTH 22"30'16" WEST. 889.9? FFFT TO THF NORTHERLY LINE OF SAID PARCEL 7; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 7 SOUTH 62'25'10" WEST (RECORD SOUTH 62*25'13" WEST PER ROS 17360), 30.12 FEET; THENCE LEAVING SAID LINE SOUTH 22*30*16" EAST. 887.26 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID PARCEL 7 DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED TRUE POINT OF BEGINNING; THENCE NORTH >67''29'44" EAST (RECORD SOUTH 67''29'48" WEST PER PARCEL MAP 19380), 64.76 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 5; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL SOUTH 22"30'16" EAST, 400.32 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF AVENIDA ENCINAS, SAID POINT BEING ON A NON-TANGENT 1,490.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY. A RADIAL LINE THROUGH SAID POINT BEARS NORTH 49M0'42" EAST; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF AVENIDA ENCINAS AND THE ARC OF SAID CURVE 27.64 FEET THROUGH A CENTRAL ANGLE OF r03*46"; THENCE NORTH 42''23'04" WEST (RECORD NORTH 41'23'00" WEST PER PARCEL MAP 19380). 40.15 FEET TO THE BEGINNING OF A TANGENT 712.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 148.10 FEET THROUGH A CENTRAL ANGLE OF ir55'04" TO A POINT WHICH BEARS SOUTH 22''30'16" EAST FROM THE POINT OF COMMENCEMENT; THENCE LEAVING THE WESTERLY LINE OF AVENIDA ENCINAS AND THE ARC OF SAID CURVE NORTH 22'3Q'16" WEST, 192.00 FEET TO THE POINT OF COMMENCEMENT. CONTAINING 1.004 ACRES, MORE OR LESS. 1> EXHIBIT "B" EASEMENT PLAT SHEET 1 of 2 LEGAL DESCRIPTION: PORTION OF PARCEL 7 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789072 OF OFFICIAL RECORDS. AS SHOWN ON RECORD OF SURVEY 17350. LYING WITHIN LOT 'H' OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, .FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO. NOVEMBER 16, 1896. ASSESSOR'S NO.: 210-010-42 BASIS OF BEARINGS; THE BASIS OF BEARINCS FOR THIS DRAWING IS THE CALIFORNIA COORDINATE SYSTEM 1983, ZONE 6 BETWEEN POINTS 057 AND 141 AS SHOWN ON RECORD OF SURVEY 17271. I.E, N40-39'21"W OWNER: SAN DIEGO GAS & ELECTRIC COMPANY 8335 CENTURY PARK COURT. CP 11D SAN DIEGO. CA 92123 PACIFIC OCEAN VICINITY MAP NO SCALE SAN DIEGUITO ENGINEERING. INC. 4407 MANCHESTER. SUITE 105 ENCINITAS, CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING ANDRE f':i/^izfU PLS 7442 DATE uMcf«to\Clvii 3DV3370 Ai^LS\SURVeYSDrowlngs\eosenent plats\S370esnt„sswr_sd8e ptat revOS.olWfl PW5370 4 EXHIBIT "B" EASEMENT PLAT SHEET 2 of 2 DATA TABLES RADIUS LENGTH DELTA CI 1490.00' 27.64* r03'46" C2 712.00' 148.10' ir55'04" BEARING LENGTH L1 N4r23*04"W 40.15' P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING SAN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER. SUITE 105 • ENCINITAS, CA. 92024 PHONE: (750) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING jNitfotoNCvll 3D\5370 AHUS\SUftV£Y^Dr4wlngs\eosenent plats\5370esnt,sswr.soigff plat rev02.dW9 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest nnay be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, June 26, 2012, to consider authorizing and directing the condemnation of certain property interests located west of Interstate 5 near the intersection of Cannon Road and Avenida Encinas in the City of Carlsbad for the Vista/Carlsbad Interceptor Sewer, Project No. 3492. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after Friday, June 22, 2012. If you have any questions, please contact Terry Smith in the Utilities Department at (760) 602-2765, Terrv.Smith@carlsbadca.gov. If you challenge the Municipal Code Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. PUBLISH: June 16, 2012. CITY OF CARLSBAD CITY COUNCIL PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set In type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Proof of Publication of NOTICE OF PUBLIC HEAHING \ NOTICE IS HEREBY GIVEN to you, because your interest may be 'affected, that the City Council of the City of Carlsbad will hold a — public hearing at the Council Chambers, 1200 Carlsbad Village Drive Carlsbad, Califomia, at 6:00 p.m. on Tuesday, June 26, 2012, to con-sider authorizing and directing the condemnation of certain property interests located west of Interstate 5 near the intersection of Cannon Road and Avenida Encinas In the City of Carlsbad for the Vista/Carlsbad Interceptor Sewer, Project No. 3492. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after Fridav June 22, 2012. If you have any questions, please contact Terry bmith in the Utilities Department at 760-602-2765, leny Smith@carlsbadca.goy. If vou challenge the Municipal Code Amendment in court, you may be limited to raising only those issues you or someone else raised at the pub ic hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Dnve, Carlsbad, CA 92008, at or prior to the public hearing. PUBLISH: June 16, 2012 CITY OF CARLS5.AD G!TY COUNCIL net 2317093 June 16*^ 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On This 18^ day June 2012 Jane Allshouse NORTH COUNTY TIMES Legal Advertising Condemnation of Real Property for the Vista/Carlsbad Interceptor Sewer ProjectTerry Smith6/26/2012 Vista/ Carlsbad Interceptor Sewer Replacement Project, Reach 11B‐15•$46 million sewer project•Project is 2 miles in length•Conveys up to 36 million gallons per day•Replaces Infrastructure built in 1965•Status: final design and permit acquisition Easement Location3 Condemnation Procedure•Easement required –1.004 Ac•Appraised value ‐$63,104•Offer to SDG&E was made and rejected•“Friendly” condemnation process4