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2013-03-12; City Council; 21150; Approval Vista Carlsbad Interceptor Sewer
CITY OF CARLSBAD - AGENDA BILL AB# 21,150 APPROVAL OF THE DEDICATION OF AN UNDERGROUND UTILITY EASEMENT TO THE CITY OF VISTA FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER, PROJECT NOS. 3492, 3886 AND 3949 DEPT.DIRECTOR MTG. 3/12/2013 APPROVAL OF THE DEDICATION OF AN UNDERGROUND UTILITY EASEMENT TO THE CITY OF VISTA FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER, PROJECT NOS. 3492, 3886 AND 3949 CITY ATTY. DEPT. UTIL APPROVAL OF THE DEDICATION OF AN UNDERGROUND UTILITY EASEMENT TO THE CITY OF VISTA FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER, PROJECT NOS. 3492, 3886 AND 3949 CITY MGR. 7t5 RECOMMENDED ACTION: Adopt Resolution No. 2013-055 approving the dedication of an underground utility easement to the City of Vista for the Vista/Carisbad Interceptor Sewer, Project Nos. 3492, 3886, and 3949. 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 Vista/Carisbad boundary at the northeast corner of the city to the Encina Water Pollution Control Facility. The V/C Sewer System is divided into 15 segments (Reaches VCl - VCl5) 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 VCl through VCl 1A have been replaced or rehabilitated in recent years. However, the remaining pipelines in reaches VCl 1B to VCl 5, 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. The project includes the construction of 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 required the City to obtain a 1.004 acre easement over a portion of this property (Assessor's Parcel No. 210-010-42). Resolution No. 2012-154, adopted by Council on June 26, 2012, authorized and directed condemnation of the said easement; subsequently the easement has been condemned to the City of Carisbad by the Superior Court of the State of California and recorded at the San Diego County Recorder's Office. Language in the easement deed provides Carisbad the right to grant co-interest in the easement to the City of Vista. Staff from both cities concur it is desirable for each city, as joint owners of the sewer, to have co-interest in the easement. City of Carisbad staff has prepared the easement document and recommends the City approve the dedication of a co-interest in the easement to the City of Vista. ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) were prepared for the Agua Hedionda Sewer Lift Station, Force Main and Gravity Sewer Replacement project (PDP 00-02(C)/SP 144(L)/RP 10-26/CDP 10-17/HDP 10-05/SUP 10-02/HMP 10-03). The MND was adopted by the City Council on December 6, 2011, In compliance with the California Environmental Quality Act (CEQA) Guidelines Section 15074. DEPARTMENT CONTACT: Mark Biskup, (760) 602-276 mark.biskup @carlsbadca.aov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES O AMENDED • Page 2 Furthermore, approving the dedication of an easement for underground utilities is exempt from the requirements of CEQA pursuant to Public Resources Code Section 21065. This action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. FISCAL IMPACT: Pursuant to an appraisal of the property rights sought, the fair market value of the property was $63,104. This amount was 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 VCl IB - VCl5 (PROJECT NOS. 3492,3886, AND 3949) Manhole Rehabilitation Contract (Completed - Actual Costs) $344,900 Studies, Environmental Compliance, Design Activities, Project Management $4,477,741 Subtotal of Costs (Through Design) $4,822,641 Utility Relocation, Easement Acquisition and Railroad Fees $1,380,000 Estimated Construction Phase Costs & Contingency $40,000,000 TOTAL ESTIMATED PROJECT COST $46,202,641 TOTAL APPROPRIATIONS TO DATE $46,730,000 ADDITIONAL APPROPRIATION REQUIRED $0 Sufficient funds are currently available for the completion of the project. All project related costs, including easement acquisition, will be shared between the City of Carisbad and the City of Vista as described within the existing 2002 ownership agreement. EXHIBITS: 1. Location Map 2. Resolution No. 2013-055 approving the dedication of an underground utility easement to the City of Vista for the Vista/Carlsbad Interceptor Sewer, Project Nos. 3492, 3886 and 3949. 3. Grant deed of easement to City of Vista. LOCATION MAP PACIFIC OCEAN NOT TO SCALE REQUIRED UTILITY EASEMENT PROJECT NAME AGUA HEDIONDA LIFT STATION & FORCE MAIN REPLACEMENT PLOTTED BK SCOTT EVANS PLOT WJE^^?SS\!!5!5S^ EXHIBIT 3 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 RESOLUTION NO. 2013-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE DEDICATION OF AN UNDERGROUND UTILITY EASEMENT TO THE CITY OF VISTA FOR THE VISTA/CARLSBAD INTERCEPTOR SEWER PROJECT NOS. 3492. 3886. AND 3949. [ WHEREAS, 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; and WHEREAS, a project to replace or upsize the Vista/Carisbad Interceptor Sewer Reaches VC 11B through VC 15 has been identified in Carisbad's Sewer Master Plan and funds have been appropriated in the current Capital Improvement Program; and WHEREAS, the project includes the construction of a parallel pipeline from Agua Hedionda Lagoon to approximately the Encina Water Pollution Control Facility; and WHEREAS, the new pipeline crosses property owned by San Diego Gas & Electric Company and required the City to obtain a 1.004 acre easement over a portion of this property (Assessor's Parcel No. 210-010-42); and WHEREAS, Resolution No. 2012-154 authorized and directed condemnation of the said easement and the easement has been condemned to the City of Carisbad by the Superior Court of the State of California and receded at the San Diego County Recorder's Office, and WHEREAS, language in said easement document provides the City of Carisbad the right to grant co-interest in the easement to the City of Vista; and WHEREAS, the City of Carisbad has determined it to be in the public interest to grant co- interest of this easement to the City of Vista. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad, Califomia, as follows: 1. That the above recitations are true and correct. 2. That the grant deed of easement to the City of Vista, which is on file with the City Clerk and is incorporated by reference, is approved.. 3. That the Mayor is authorized to execute the grant deed of easement to the City of Vista and the City Clerk is hereby authorized to cause the original easement document to be released to the City of Vista. 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 4. That the City of Carlsbad hereby accepts the underground utility easement in joint tenancy with the City of Vista. PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carlsbad on the 12th day of March 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn, Douglas. None. ABSENT: None. MATT! HALL, Mayor ATTEST: 1 BARB (SEAL) ENCjLgSON, City Clerl CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of California County of $>Q^.o ^ ^ } On V<Or>ffl,j:),0\^ before me, S\ry ei\ci'^<PjVv<g^ dsihlojn j /Xjotoyb ^ Date ^ J Name(s) of Slgner(s) personally appeared I SHEILA RENAE CpBIAN Commission # 1848471 Notary Public • California 1 ^ San Diego County ^ My Comm. Expires May 10.20131 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(8)-whose name(e)Cjs2lSHVisubscribed to the within instrument and acknowledged to me that C©9l=w/they, executed the same in(6ii)ffier/their authorized capacityii^and that bitSi3/hei#ielf signature(s) on the instrument the person<€^ or the entity upon behalf of which the person(s)^acted, executed the instmment. 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 official seal. Sicnature ^Q^Oo^omniQ^ (]4ji^7^ V_ Si^Kature of NotaryTOaic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this torm 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 — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer ~Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here O2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org item #5907 Reorder Call Toli-Fpee 1 -800-876-6827 '7 EXHIBIT "A" RECORDING REQUESTED BY CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON OCT 1 a 2012 DOCUMENTNUMBER 2012-0620225 WHEN RECORDED MAIL TO Ernest J. Dronenburg, Jr., COUNTY RECORDER WHEN RECORDED MAIL TO SAN DIEGO COUNTY RECORDER'S OFFICE NAME CITY CLERK TIME: 9:18 AM MAILING 1200 Carlsbad Village Drive ADDRESS CITY, STATE Caflsbad, CA ZIP CODE 92008 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE T I T L E(S) FINAL ORDER OF CONDEMNATION PORTIONS OF ASSESSOR PARCEL NO.r 9.10-01 OJLO LS-201 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 Ronald R, Ball, City Attorney Ronald C. Kemp, Assistant City Attorney Califomia State Bar No. 170639 Office of the City Attomey 1200 Carlsbad Village Drive Carlsbad, Califomia 92008 Telephone: (760)434-2891 Facsimile: (760) 434-8367 E-Mail: ronald.kemp(gcarlsbadca.gov Attomeys for Plaihtiflf City of Carlsbad, a municipal corporation Exempt from filing fees per Gov't Code § 6103 ">rf, i. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION '^'5(y CITY OF CARLSBAD, a municipal corporation. Plaintiff, SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation; All Persons Unlmown Clmming an Interest in the Property Described in the Complaint; and DOES 1 through 10, inclusive, Defendants. Case No. 37-2012-00055512-CU-EI-NC Hon. Earl H. Maas, III Department N-28 FINAL ORDER OF CONDEMNATION PORTIONS OF ASSESSOR PARCEL NO.: 210-010-42 Plaintiff Gity of Carlsbad and Defendant San Diego Gas and Electric Company, a Califomia corporation, having previously stipulated to a Stipulated Judgment in Condemnation ("Judgment"), and having waived a Statement of Decision; Judgment having been entered; no other party or person havmg or claiming to have an interest in the property being acquired or the compensation to be paid for the property; and good cause appearing: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. The property and propeity interests described in the attached Exhibit "A" ("Property") is hereby condemned to the City for the constmction and operation of the Agua Hedionda Sewer Lift Station and Force Mail Replacement for the Vista/Carlsbad Sewer System Project, and for public uses. 1 FfNAT. OTinRR OF r.ONDRMNATTON 7, r- 2. The use for which the Property is sought to be condemned is for the Project, and for public uses. 3. The San Diego Gas and Electric Company has been paid the sum of Sixty-Three Thousand One Hundred Four Dollars and No/100 ($63,104.00), as full payment of just compensation pursuant to the Judgment. 4. A certified copy of this Final Order of Condemnation shall be recorded in the Office ofthe County Recorder of the County of San Diego, State of Califomia, and thereupon the easement in the Property shall vest in the City. 2 3 4 5 6 7 8 9 10 IT IS SO ORDERED. 11 12 Dated: _1^^^^^^012 JUDGE MMS JUDGE OF THE SUPERIOR COURT 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL ORDER OF CONDEMNATION EXHIBIT A to FINAL ORDER OF CONDEMNATION "Grant Deed for General Underground Utility Easement" RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk • CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad. OA 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 $0.00 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 Replacement Encumbrances remaining at.time of sale. Project ' ( ) Unincorporated area: (x) City of Carisbad, and GRANT DEED OF GENERAL UNDERGROUND UTILITY EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. The San Diego Gas & Electric Company, a California corporation (GRANTOR) the. owner of real property described herein located in the Cityof Carlsbad, San Diego County, California hereby GRANTS to City of Carisbad, a Municipal Corporation (GRANTEE) the following described real property in the City of Carisbad, County of San Diego, State of California: An easement for General Utilities and appurtenances thereto for the purposes of construction, operation, repair, reconstruction and all activities necessary to construct, reconstmct, 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 ail facilities and stmctures associated with 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 unreasonably withheld. < REV 1/17/12 Grantee herein agrees that the general underground utility easement shall be subject to Grantor's 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 reanrangement, 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. Resen/lng 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 particulariy described 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) (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 CORPOFiATE 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. (Print Name Here) (Title) REV 1/17/12 13 CALIFORNIA ALL-PURPOSE AOKNOWLEDOMENT State of California County of _____ On Oate personally appeared before me. } Here Insert Name arid Title of the Officer Nanie(s) of 8fgner(s) who proved to m^ 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/sheAhey executed the same in his/her/theIr authorized capacity(fes), and that by hIs/her/theIr signature(s) on the instmment the person(s), or the entity upon behalf of which the person(s) acted, executed the instmment. 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 official seal. Place Notary Seal Above Signature. OPTIONAL - Signature of Notary Public TJiough the information below Is noi required by law, it may prove valuable to persons relying on the document and could 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 Sign^r(s) SIgnerfs Name:. • Individual • edrpdrat© Officer—Tltle(s): _ • Partner —• Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: " Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • individual • Corporate Officer — Title(s): • Partner • Limited • G^eral • Attorney In Fact • Trustee • Guardian or Consen/ator • Other: Signer Is Representing! RIGHTTHUMBPRINT OF SIGNER Top pf Ihpmb hbre. ©2007National Notary Assodallon*9350 De Soto Ave., P.O.Box 2402 •Chatsworth.OA 91313-2402»wwwiNa8onaiNotary.o^ ltem#5907 ReoidenCallToli-Frfla 1.800-876-6827 REV 1/17/12 EXHIBIT 'A' THAT 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 (ROS) 17360. 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. DESCRIBED AS FOLLOWS: 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 6 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 UNE NORTII 67'29'44" CAST, 30.00 FEET; THFNOF LEAVING SAID LINE NORTH 22'30'16" WEST. 889.0? FFFT TO THF NORTHERLY LINE OF SAID PARCEL 7; THENCE ALONG THE NORTHERLY UNE OF SAID PARCEL 7 SOUTH 62'25'10'' WEST (RECORD SOUTH 62"25'13'' 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. TOGETHER WITH THAT PORTION OF SAID PARCEL 7 DESCRIBED AS FOLLOWS: COMMENCING ATTHE 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 UNE OF AVENIDA ENCINAS. SAID POINT BEING ON A NON-TANGENT 1,490.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY. A RADIAL UNE THROUGH SAID POINT BEARS NORTH 49*40'42" 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 4r23'00" 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 11*55'04'' TO A POINT WHICH BEARS SOUTH 22'30'16" EAST FROM THE POINT OF COMMENCEMENT; THENCE LEAVING THE WESTERLY UNE OF AVENIDA ENCINAS AND THE ARC OF SAID CURVE NORTH 22'30'16'' WEST. 192.00 FEET TO THE POINT OF COMMENCEMENT CONTAINING 1.004 ACRES. MORE OR LESS. EXHIBIT "B" EASEMENT PLAT SHEET 1 of 2 LEGAL DESCRIPTION: PORTION OF PARCEL 7 OF CERTIFICATE OF COMPUANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789072 OF OFFICIAL RECORDS, AS SHQWN ON RECORD OF SURVEY 17350, LYING WITHIN LOT 'H' OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAO. COUNTY OF SAN DIEGO. STATE OF CAUFORNIA. 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 BEARINGS 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. N4'0*39'21"W OWNER: SAN DIEGO GAS Sc 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 j'HONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING ANDRE , PLS 7442 DATE PW5370 UMdotoVCIvl 30\5370 AHLS\SURVEYSDi"ftwfr»gs"veoseMent pJotsVSSTOesnt.sswr.sdge plot rev02.dwg EXHIBIT "B" EASEMENT PLAT SHEET 2 of 2 DATA TABLES RADIUS LENGTH DELTA Cl 1490.00' 27.64' r03'46'' C2 712.00' 148,10' ir55'04" BEARING LENGTH Ll 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: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING jMdfttoNCvll 3D\5370 AHLS\SURVCY\Drovrings\ea$enent plats\5370esnt«sswr_sclge plat revOS-dwg CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the DEED OF GENERAL UNDERGROUND UTLITY EASEMENT dated March 13. 2013. from the Citv of Carlsbad, a Municipal Corporation, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council ofthe City of Carlsbad, California, pursuant to Resolution No.2013-055, adopted on March 12.2013, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: March 13. 2013 ISINGER, Senioil Deputy Clerk .x\v»""//,.