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2013-12-03; City Council; 21451; Quitclaim Agreement San Diego Water Authority
CITY OF CARLSBAD / CARLSBAD MUNICIPAL WATER DISTRia -AGENDA BILL 12 AB# MTG. 21.451 12/3/13 QUITCLAIM OF A WATERUNE EASEMENT AND AUTHORIZATION TO ENTER INTO A DEPT.DIRECTOR GEN. COUNSEL AB# MTG. 21.451 12/3/13 QUITCLAIM OF A WATERUNE EASEMENT AND AUTHORIZATION TO ENTER INTO A DEPT.DIRECTOR GEN. COUNSEL ^, DEPT. CITY ATTY JOINT USE & COOPERATION AGREEMENT CITY MGR. WITH THE SAN DIEGO COUNTY WATER AUTHORITY RECOMMENDED AaiON; It is recommended that the Board of Directors ofthe Carlsbad Municipal Water District ADOPT Resolution No. 1486 quitclaiming a Waterline Easement on San Diego Gas & Electric property to the San Diego County Water Authority (SDCWA). 901 981 That the City Council ADOPT Resolution No. authorizing the Interim City Manager to sign a Joint Use & Cooperation Agreement with the SDCWA. ITEM EXPLANATION: In October 2009, at the request of Poseidon Resources, Carlsbad Municipal Water District (CMWD) condemned an easement for a water pipeline to serve the desalination plant. The easement is located In the private access road to the San Diego Gas and Electric Property north of Cannon Road. Poseidon was required to pay all costs of the acquisition under Section 3.8 of its Development Agreement with the City of Carlsbad (City). Since SDCWA has taken on the desalination project it has requested that CMWD quitclaim the easement. In October 2012 the City condemned an easement forthe future expansion ofthe Vista-Carlsbad Sewer Interceptor. This easement overlaps with the CMWD easement. City staff negotiated with SDCWA to ensure there would be no conflicts between the two utilities. The particulars are memorialized In the joint use agreement. Each agency agrees to design the facilities to be compatible and to be responsible for any damage caused to the other's facilities during construction, operation, maintenance and repair. FISCAL IMPACT: All ofthe costs associated with the condemnation ofthe waterline easement were paid for by Poseidon. CMWD will quitclaim the easement to CMWD at no cost. The joint use agreement imposes a mutual obligation to repair damage caused to the other's facilities. DEPARTMENT CONTACT: Ronald Kemp 760-434-2891 ronald.kemp@carlsbadca.gov FOR SECRETARY USE. BOARD ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC ENVIRONMENTAL IMPACT: Pursuant to Public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. EXHIBITS: 1. Resolution No. 1486 quitclaiming a waterline easement. 2. Resolution No. 2013-281 authorizing the Interim City Manager to execute a Joint Use and Cooperation Agreement with the San Diego County Water Authority. 3. Quitclaim Deed 4. Joint Use & Cooperation Agreement DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC 1 RESOLUTION NO. 1486 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT, QUITCLAIMING A WATERLINE EASEMENT TO THE SAN DIEGO COUNTY WATER AUTHORITY 4 • 5 WHEREAS, in June 2006 the City of Carlsbad (City) entered into a Development Agreement with Poseidon Resources; and 7 WHEREAS, Poseidon was required to obtain certain easements for the placement ofthe 8 desalination pipeline; and 9 WHEREAS, Poseidon was unable to obtain an easement on San Diego Gas and Electric 11 (SDG&E) property north of Cannon Road in a timely manner; and 12 WHEREAS, Section 3.8 of the agreement required the City to acquire property interests on behalf of Poseidon when Poseidon had exhausted all legal remedies available to it. All acquisitions were to be at Poseidon's cost; and WHEREAS, Poseidon requested that Carlsbad Municipal Water District (CMWD) condemn an easement on SDG&E property; and lg WHEREAS, in October 2009 CMWD acquired a waterline easement through the 19 condemnation process. This document was filed in the Office of the County Recorder of San 20 Diego County as document number 2009-00546605 on October 1, 2009; and 21 WHEREAS, SDCWA is now partnering with Poseidon to build the desalination project. 22 WHEREAS, SDCWA has requested that CMWD quitclaim said easement; and 23 24 NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of 25 the City of Carlsbad, California, as follows that: 1. The above recitations are true and correct. 27 28 14 15 16 17 DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC 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 2. That the Quitclaim Deed conveying the desalination pipeline easement within San Diego Gas Electric property north of Cannon Road which is attached as Exhibit "A" is approved. 3. That the President is authorized to execute the deed and the Secretary is hereby authorized to release the original Quitclaim Deed to the San Diego County Water Authority. PASSED, APPROVED AND ADOPTED at a Joint Special Meeting ofthe Carlsbad Municipal Water District of the City of Carlsbad and the Carlsbad City Council on the S'"* day of December 2013, by the following vote, to wit: AYES: NOES: ABSENT: Board Members Hall, Packard, Wood, Blackburn, Douglas. None. None. MATT HALL, PRESIDENT ATTEST: BARBARA ENGLESON, RETARY DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC 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. 2013-281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A JOINT USE AND COOPERATION AGREEMENT WITH THE SAN DIEGO COUNTY WATER AUTHORITY WHEREAS, in 2009 the Carlsbad Municipal Water District (CMWD) condemned an easement on behalf of Poseidon Resources for the desalination pipeline on San Diego Gas and Electric (SDG&E) property; and WHEREAS, in 2012 the City of Carlsbad (City) condemned an easement for the Vista Carlsbad Sewer Interceptor on SDG&E property that overlaps the easement for the desalination pipeline; and WHEREAS, the San Diego County Water Authority (SDCWA) is now partnering with Poseidon to construct the desalination plant and pipeline; and WHEREAS, SDCWA has requested that CMWD quitclaim the 2009 easement for the purposes of constructing the desalination pipeline; and WHEREAS, there is a potential for conflicts between the two utilities; and WHEREAS, City staff has negotiated a Joint Use Agreement with SDCWA to minimize the conflicts during construction and operation thereafter; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 1. The above recitations are true and correct. 2. That the Interim City Manager is hereby authorized to enter into the attached agreement entitled "Joint Use and Cooperation Agreement between City of DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC Carlsbad, California and the San Diego County Water Authority" with the San Diego 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 County Water Authority. PASSED, APPROVED AND ADOPTED at a Joint Special Meeting ofthe City Council ofthe City of Carlsbad and the Carlsbad Municipal Water District Board of Directors on the B''^ day of December 2013, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Packard, Wood, Blackburn, Douglas. None. None. MATT HALL, Mayor ATTEST: ,,\B;^gB'A/R/^ ENGLESON, .City Clerk • f» M ! I "i» DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC 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 Carlsbad, California and the San Diego County Water Authority" with the San Diego County Water Authority. PASSED, APPROVED AND ADOPTED at a Joint Special Meeting ofthe City Council ofthe City of Carlsbad and the Carlsbad Municipal Water District Board of Directors on the 3'"^ day of December 2013, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Packard, Wood, Blackburn, Douglas. None. None. MATT HALL, Mayor ATTEST: ENGLESON, City Clerk DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC ft) RECORDING REQUESTED BY: San Diego County Water Authority AND WHEN RECORDED PLEASE MAIL TO: San Diego County Water Authority Engineering Department 4677 Overland Avenue San Diego, CA 92123-1233 The undersigned grantor(s) declare(s): Documentary transfer tax is $ Q.QQ ( ) computed on full value of property conveyed or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 210-010-42 Project ID: Related Project ID: Related Project ID: Project Name: N/A N/A Product Water Easement Area Pipeline Carlsbad Desai Pipeline K0303 CDP-002 QUITCLAIM DEED OF EASEMENT Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911 and . :c:rr:rrr;~rr:::—^^^^^^^ Executed by theGrantorthis dayofJ^g£,^2„,3 3RA,,oR: Cartsbad Municipal Water District, a Public aSH-'^'^^r*. """"""P«' Water Act of I9il a^S a Substdiary District tt)^ City of Carlsbad 1 DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of ^a/»v"D\gg^O On 4,'^\'^ beforeme, hAt>ri\Qj/^^iA, )Nioi"'^^tA TluULi^g. , i\ (Here Insert name and title of th^ssaficer) ~ personally appeared }^Ci'\-\r 44mU , who proved to me on the basis of satisfactory evidence to be the person(s) whose name("s) is/aF©.subscribed to the within instrument and acknowledged to me that he/sbe/tfeey. executed the same in his/h&f^^mi: authorized capacity(ies), and that by his/heft^thek signatureC*) on the instrument the person(*), or the entity upon behalf of which the personC*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing paragraph is true and correct. I WITNESS my hand and official seal. 1 Signature of Notary Public (Notary Seal) MORGENFRY Commission # 1918442 Notary Public • Calilornia 1 San Diego County g My Comm. Expires Dec 24,2014 C ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment compleled in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does nol require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefuUy for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document 5igner(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/th^ is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording, • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature ofthe notary public must match the signature on file with the office of the county clerk. • Additional infomiation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary), • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC RECORDING REQUESlfll BYt ' Asaro Keagy Freeland & McKMey WHEN RECORDED MAIL TO: Richard R. Freeland, Esq. Asaro Keagy Freeland & McKinley 3170 Fourth Avenue, Fourth Floor San Diego, Califomia 92104 MAIL TAX STATEMENTS TO: TIM undanlomd gaitlotl*} datiai«($): Dooum«toyTfBn«tefT«xli$ [ ]co(npuiMi<)n&jnvaiueorpn>p«rtyQoiweya(S,(>r { ]c«mpia»dontuivafc»N»Myalu9of liMwand Enpumtnnow mrwlnbio id time oTsrie. I jUnMoerpoi«M«f«a:(X} i 12031 A«««t8(x'«Pare«INo., Reason: No Trtnsfer. This Is an amendment io an enttlng reoorded eesement. Above Space for Recoixler'e Uee Only EXEMPT FROM FEES PURSUANT TO GOVT. CODE SECTION 6103 PfojecJ: By: iiiiiiiiiiiiiiiiniii OCT 01.2009 3:apM DAVID L BUTIER COUNTYReCORDER U.uu PAGES; II Steven A. McKinley, Eeq.' FINAL ORDER OF CONDEMNATION FEB 0 4 ZQ\Q C:\WP\MARKAM\DEED2[f00109/10:32] DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12032 PER GOVT. CODE §6103 F r D SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DBEGO NORTH COUNTY BRANCH OCT-1'09 6y*LSANWIC0US,Dipirty CARLSBAD MUMCIPAL WATER DISTRICT, Plaintiff, V. SAN DIEGO GAS AND ELECTRIC COMPANY, A California corporation; All Persons Unknown Claiming an hiterest in the Property Described in the Complaint; and DOES 1 through 100, inclusive, Defendants. FINAL ORDER IN CONDEMNATION PORTIONS OF ASSESSOR PARCPI NO.: 210-010-42 PARCEL Dept:N-31 Plamtilf Carisbad Municipal Water District, and Defendant San Diego Gas and Electric Company, a Califomia corporation, having previously stipulated to a Final Judgment in Condemnation ("Judgment"), and having wai ved a Statement of Decision; Judgment having been entered; no other party or peison having or claiming to have an interest in the property being acquired or Ae compensation to be paid for the property; and good cause appearing: NOW,THEREFORE,ITISHEREBYORDERED,ADJUDGEDANDDECREEDAS FOLLOWS: L 'I^epropertyandpropertyinterestsdescribedintheattachedExJiibit"^^^ FINAL ORDER IN CONDEMNATION HH CQ- HH Hi "I X ''7 DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC I 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 12033 is hereby condemned to the District for the constniction and operation of the Desalinated Water Pipeline in Avenida Encinas Project, and for public uses. 2. Tn»<««fe«hichAeProper0.ksoughttobecondem„edisforfheProiec..^ public uses. 3. San Diego Gas and Electric Company has been paid fte sum ofnurteen Tbomni Five Hundred DoUars and No/100 ($1 J.SOO.OO), as foil payment of just the judgment, 4. A certified copy ofthis Final Order of Condemnation shall be recorded in the Office oftheCoun.yRecorderoftheCo™,yofSanDiego.StateofCaUfornia,a„dthereupontheeaseme^^ in the Property shall vest in the District. mS SO ORDERED. compensation pursuant to Dated: QaKULiBOg. smaa OF tm sufekiuk COURT FINAL ORDER IN CONDEMNATION t-a »> tt DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC RECORDING REQJITED BY: _ ' Carlsbad Municipal Water District i 1203i WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad. Village Drive Carlsbad, California 92008 MAE. TAX STATEMENTS TO: Exempt Please record ^e document at no fee as it is to the benefit of the District (Gov. C(SAP. 6103 Th© undersigned grantor(8) declare(s)- Above space Un Hmconten Ue« Oniy" Documentary Transfer Tax is $,.j:fii)D- Ace^.^« { I conrtputed on full value of"^IS^ conveyed or ^^^"^^^'f^^^o:^ I ] computed on M value lass lEd P„,I«52^ 'D-—IZ encumbrances remaining attlme of sale. R^fl^^^rl^'— I ] Unincoiporated area: (X) City of Car^d AHH 2 i 5^ 10:7 FORA VALUABiS cONSroEW^ Related Prefect ID:ZIZI receipt of which is hereby acknowledged. GRANT DEED OF PUBLIC WATER UNE EASEMENT FORVALUABLECON8IDERATION.receiptofv^ichfeacknowtedged. I (we) san Diego Gas & Electnc Company, a Califomia coiporation. Grantor(8)doe8herebygrant to CAIRLSBADIVIUNICIPALWATER DISTRICT a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carisbad. its successors and assigns, a public water line easement. Purpo8e:the public water llneeasementgranted herein shaltbegranted fbr the following purposes: the constoicfion. operation. «pai, reconstnictton and all activities necessary to construct, reconstruct, operate, maintain and repair fecilities designed for the purpose of an underground pipeline fbr the conveyance and transportation of water EXHIBIT.. DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC A ^ 13035 The use shalimo include a means of accesHS and from said facilify forthepurposeofcon8tructing.operaftng.repa[ring.,naintaining,inspec.lng and reconstructing said facility. Grantor herein agrees that no buildings will be erected with/n the easement. Grantee herein agrees that the public water line 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 Carlsbad Municipal Water Districfs exercise of Its rights underthe 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 tacflities. In the event that the future use of Grantee's easement by Grantee shall at any time necessitate a rean^ngement 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 fecilities. Resewing to Grantor, among the other rights set forth herein, the unrestrained right of Ingress and egress, including vehicuter access, to. from, £ atong and within the Easement Area by a practical route or routes, in, upon. S over and across the Property to access the real propeity owned by Grantor S 63 l3Af_Jl «!___.* DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC more pa,«cularty dilribed in Exhibit "C" attached freto a„. f ^^^^ hereof- "^"^^to and made a part A. Exhibit «B-is attached for clarity only. Executed bytheGrantorthis dayof GRAhfTOR: By: (sign here) By: _ (sign here) (print name if^X'^r^iSf;^^ (Notarial acknowledgment of execution of «R4WTrtB (Chairman ofthe B^ini. PreskleS^ o?a^v KE.'*.:"""««ached.) secietaor. fhe Chtef FinmKbtoZt^^^^^^T corpofBttons. f onlv one ofnoBrBfc,«r;L' '"^ assistant twasurer mT,.; r^"' tn DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC ® • 12037 EXHIBIT «A» IiBOU OBSCRIPTIOR FOR PRODUCT MATSR PIPKMM, SUSnOHI AWtt THAT PORTICar OP PARCEL 7 pss nfDn.r»,,„.™ 8EODHO OP SDRVEI NO. 173S0, IM THS CIT^ OV ^r^^J^ SHOW 0« DX^^ ^TAO. OP CA^IA, «0,^ P^^TI^^?' ,^^3^'' ^ aSl^^ ^Z'^^^rSl^^o. s.xn PARCH. AZ«, 0P-BA5f OP THB ATCHISON TOPBKa am o.Lf^ 100.00 FOOT KIDB RrOHT THE COMMOH LIMB BESN SAI^ JJf R^IUlQAD, THSS MID SANTA PE RAIIJKDA0 AND Si SO^ST^V ff J** *^°'^S<» NORTH 22'30'13» «EST. 543.59 ^T^^l^'V^ ««C8LT TBKNCE OONTimilNG ALONO SAID COMMON LnJ^„!?°" °' 69.27 FBBT; THENCE LEAVIN8 SAID T^.' 22»30'13. WEST, 60.00 FEET TO A POINT CW n^NOsS^^',.!^™ «''«'47. EST *J^„.?BING A POINT ON THE BEsSf S oP^Mpi"" PWCElT; ALONG THE COMMON LINE BETWEEN SAttlSl^TM.T;"""*' ™BNCB m> SAID WESTERLY LINE OF PARCBL Z ""^ "'^ ' BAST (NORTH 22»30'12- TOST RECORD PER SAID Itl^' ®°°™ 22°30'13'. 311.61 FEET; THENCE LEAVING ^^C^m^rJ"^ "380), 38.61 FEET, THBNCE HORTO 35»31'1S.^T «»03.X3« «BST, 35'38'41- WEST, fi8.45 PEET TO THE TROB POIOT oI- 8^!^]^^ """^ ATTftCHBD HERETO IS A PLAT LlBPTen »v^n, REFERENCE MADE A PART So^^j, S/J^^^-''' '^^ ™IS ratio DISTANCES. TO OOH^E a»«J? 3**°^® ^^O™ HEREON ARE DISTANCES BY 0.9S9963440 OWre ^^KH^'^^L^^"'^" CO,;RDIN1^ ZO^T 83, AHD EPOCH 1991.33. "^litm ZONE 6, ADJUSIMBNT, MAD- SAID PARCBL OP LAND CONTAINS 0.271 ACRES. MORE OR LESS ILL WW* I n ^ BXPIRATIOH DATE 6/3O/2010 tt W fQ Em "A" TO GRANT ~ mm—EuuaEJL___ ; DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC JL LEGAL KSCm>TION: % ^rror ii^a %AT ASSESSORS PJVm NO: 210-010^42 BASfS OF BEmiG^ n/e BASS or mimss FOR mis oRAmG IS THE fmZONTAL CONTROL SmONW rii^^. 13038 *^«2r ejffsnm fm>emm ^Ajis POINT or cmmmNf 0,271 ACR£S, liORE OR U5S SAN meo GAS 4t riecmc Kcumomcrs 8S26 cENmr PARK amt SAN oteea CAUFORMA 92123^4150 mmoR oFmm: PROJECT OESm CONS^TANTS poiBsmr smiEooo SAN 0€m CAUromA 92101 ^Wie (619) 2JS'^471 ^QNITYUAP NO SCALE MiYL ms LS.701$ REmiRAnON EXP9IES 6/S0/20W lAPPUCAim \POSB00N RESOURCES »i msrmo/mr SUIE 2020 \$AH Oim CAUFORm I^Mi PREPAY BYT — ^^Wgr flgaov C0RSULTMI1S EXH«B" TO GRANT DEED P, I0F3 6A86MBNT AltEA BXHfBfT SHEeritJFS A.PM 210^010^42 H •|iinjj,^ DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXH-B" TO GRANT DEED P. 2 OF 3 \ i DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXH^B" TO GRANT DEED P.3 0F3 DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC 0 A 12041 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN l<5 «4m IAT=^^ . CALIFORNIA, COUNTY OF SAN SEIO nr^^L''^ STATE OF DESCRIBED AS FOLLOWS; ' ^'^ CARLSBAD, AND That portion of Lot "H" of Ran^hn A^.... U-.J- County Of San Diego, CeSfmiS^i a^S Z °^ Carisbad. No. 823^filed in the Office of the C^S^i^^aV I^^'i!}. "ap thereof November 16, 1896. defined as Parcel 7 in Sr!^^ ^ County, rsoonjed Oclober 30,2001 as file no 200 "orSo^'^^^ of ajmpllance' j^aj « IX EXH.«C» TO GRANT W nEF.n p. lopi DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC RECORDING REQUESTED BY AND WHEN RECORDED. PLEASE MAIL TO: San Diego County Water Authority Engineering Department 4677 Overland Avenue San Diego, CA 92123-1233 SPACE ABOVE FOR COUNTY RECORDER'S USE Desalination Product Water Pipeline APN: 210-010-42 Carlsbad Desai Pipeline K0303 CDP-002 JOINT USE AND COOPERATION AGREEMENT BETWEEN OTY OF CARLSBAD, CALIFORNIA AND THE SAN DIEGO COUNTY WATER AUTHORITY This Joint Use and Cooperation Agreement is made between the San Diego County Water Authority ("Water Authority") and City of Carlsbad, Califomia ("City") to coordinate use by the City and the Water Authority of their respective and overlapping easement rights for specified public faciUties. 1. Water Authority is the owner of a public water line easement described in the qmtclaim deed, including its exhibits, a copy of which is attached as Exhibit 1 to this agreement (the **Water Authority Easement"). 2. City is the owner of a public utility easement described in the final order of condemnation, including its exhibits, a copy of which is attached as Exhibit 2 to this agreement (the "City Easement"). 3. The Water Authority intends to use the Water Authority Easement for the construction, operation, maintenance, repair, or replacement of a 54-inch diameter, high pressure water pipeline and ancillary and appurtenant facilities for conveyance of desaUnated sea water (the "Water Authority Pipeline"). The Water Authority Pipeline will be constructed substantially as shown on Drawing C-l of Package 5 of the Carlsbad Desalination Pipeline, dated November 1, 2013 and on file with the City, a copy of which is attached for convenience as Exhibit 3 to this' agreement. 4. The City intends to use the City Easement for the constmction, operation, maintenance, repair, or replacement of a sewer force main and anciUary and appurtenant facilities as part of Its sewage, waste water, and water recycling enterprise (the "City Facilities"). The City will design, locate, and constmct the City Facilities to be compatible with the Water Authority Pipeline. 5. Following initial construction of the Water Authority Pipeline, if the operation, maintenance, repair, or replacement of the Water Authority Pipeline causes damage to the City DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC Facilities, the Water Authority will, at the City's option, (a) repair or replace the City Facilities to City standards at Water Authority expense, or (b) reimburse the City for the full cost ofthe repair or replacement. All repair or replacement will be commenced and completed promptly to avoid unreasonable interruption of City services. 6. Ifthe design, construction, operation, maintenance, repair, or replacement ofthe City Facilities causes damage to the Water Authority Pipeline, the City will, at the Water Authority's option, (a) repair or replace the Water Authority Pipeline to Water Authority standards at City expense, or (b) reimburse the Water Authority for the full cost ofthe repair or replacement. All repair or replacement will be commenced and completed promptly to avoid unreasonable interruption of use of the Water Authority Pipeline. 7. The Water Authority and the City each will coordinate with the other reasonably, promptly, and in good faith regarding the design, construction, maintenance, repair, or replacement of their respective facilities and use of their respective easements, to avoid incompatibility and assure compatibility with each other's facilities, uses, and operations. Each party will provide, at its own expense, sufficient employees or independent contractors to implement this agreement. 8. This agreement shall run with the land and be binding upon successors and assigns of the parties. 9. Nothing in this agreement shall be construed as conveying any property right, or as limiting the Water Authority Easement or the City Easement. Except as otherwise provided in this agreement, the rights and liabilities of the parties will be governed by their respective easements and law. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by a duly authorized officer on the day and year first above written. SAN DIEGO COUNTY WATER AUTHORITY: — Dated: (Notarization Required) William J. Rose Director of Engineering CITY OF c/^im0^ ^^^/^^ Dated: l<a/u^l 3tOi2^ (Notarization Required) ^\'m ^^vford Interim City Manager DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC State of Califomia County of IScm Pig^go CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On 0<£,^jnrh^ U, (?X)i2> before me, U hdeKHlxM'.^ija RQJU^J^ jjst^ru p^^l^ (here insert name arra titie of tlie officer) ' personally appeared ^^y^)r\ CJTCUL^ ncj who proved to me on the basis of satisfactory evidence to be the personj^whose name(^s/afe^ubscribed to the within instrument and acknowledged to me that he/ahc/thoy executed the same in his/hcr/theii' authorized capacityCies); and that by his/hor/thoir signaturo^sf on the instrument the personj^or the entity upon behalf of which the person^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State ofCalifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature .-U,^, LETICIA TREVINO REYES l COMM. #1994847 i Notary Public • California § San Diego County -t My Comm. Expkes Oct^21^ 2016 [ (Seai) OPTIONALINFORMATION Althou^^lthe information in this section is not required by tow, it could prevent fraudulent removal and reattachment ofthis acknowle^f'gjinent to an unauthorized document and may prove useful to persons relying on the attached document. Description otN^ttached Document The preceding Certificate of^cknowledgment is attached to a document titled/for the purpose of Method of Signer Idenitflcation Proved to me oprthe basis of satisfactory evidence: O fomt(s) of identification O credible witness(es) containing _ pages, and dated The signer(s) capacity or authority is/are as • Individual(s) [J Attorney-in-Fact Ll Corporate Officer(s) ^ Guardian/Conservator LJ Partner - Limited/Gen_gFi r_] Trustee(s) Other reprs^^ting: otarial event is detailed in notary journal on; Page # Entry # Notary contact: Other L] Additional Signer(s) Q Signer(s)Thumbprint(s) ^ Lop-^ri^jht ?0'}7- 'OU Noui^ Po^vy.tnc Pf) Bu<'UWO Dt<;Mo.nts iASOjP C^U' All Oi.jhfi R^-erv^ed P.vt'.Jumber 'Oi'"2 Piea'f> corMct y:>ur Authcri,'ed Roselle'to puirhrtSf-1.(pie's of this fur DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC RECORDING REQUESTED BY: San DIego County Water Authority AND WHEN RECORDED, PLEASE MAIL TO: San Diego County Water Authority Engineering Department 4677 Overland Avenue San Diego, CA 92123-1233 The undersigned grantor(s) declare(s): Documentary transfer tax Is $ O.OO ( ) computed on fuil value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: Project ID: Related Project ID: Related Project ID: Project Name: 210-010-42 N/A N/A Product Water Pipeline Easement Area Carlsbad Desai Pipeline K0303 CDP-002 QUITCLAIM DEED OF EASEMENT Carlsbad Municipal Water District, a public agency organized under the Municipal Water Act of 1911, and a subsidiary district of the City of Carlsbad ("Grantor"), for valuable consideration, the receipt and adequacy of which is hereby acknowledged, does hereby remise, release and quitclaim to the San Diego County Water Authority ("Grantee") all right, title, and interest in the property Grantor acquired from the San DIego Gas and Electric Company through the Final Order of Condemnation of Portions of Assessor's Parcel No. 210-010-42 recorded on October 1, 2009 as document number 2009-0546605 attached hereto as Exhibit "A" and made a part of hereof. Executed by the Grantor this day of 2013 GRANTOR: Carlsbad Municipal Water District, a Public Agency organized uncler the Municipai Water Act of 1911 and a Subsidiary District of the City of Carlsbad By^ MATT HALL, President By: BARBARA ENGELSON, SECRETARY DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT RECORDING REQUESI^ BY: ' Asaro Keagy Freeland & McKinley WHEN RECORDED MAIL TO: Richard R. Freeland, Esq. Asaro Keagy Freeland & McKinley 3170 Fomth Avenue, Fourth Floor San Diego, Califorma 92104 MAIL TAX STATEjMQENTS TO: 4 1 •0- DOC # 2009-0546606 nnninni OCT 01.2009 3:29 PM .-Aiirv,^ OTOAL RECORDS "n^^n P°n"*^NTy RECORDER'S OFRCE j^DAVID L. BUTLER^ OlUNTyRECORDEH PAGES; fl iiiinuiunmei Documwtoy Trwwte Tax l» < [ ]con^«d on full vthJe or property Qonveyad, or ( jCQinputBdmftitlvalueiflMVAiMoftiflntand Enoumbianm ism^ing «t time cf aale. t |Untneofporwerf«nsa:(X) 12031 Above Space for Recorder's Use Only EXEMPT FROM FEES PURSUANT TO GOVT. CODE SECTION 6103 AttMtaCt Parcel No. Project- Reason: No Transfer. Thl« an amentfrnefit to an existing raoaMed easement. Stewi A. McKinley. Baq. FINAL ORDER OF CONDEMNATION FEB 0 4 iOiO C:VWPUMRKAM1DEED2[10010S/10:32J X. DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IB 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 • 12032 D^^T FEES PER GOVT. CODE §6103 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DBEGO NORTH COUNTY BRANCH ocr-i '09 CARLSBAD MUNICIPAL WATER DISTRICT, Plaintiff, SAN DIEGO GAS AND ELBCTRIC COMPANY, A Califomia corporation; All Persons Unknown Claiming an hiterest in the Property Described in the <5)mplaint; and DOES 1 through 100, inclusive, Defendants. ) gASENO.:37-2O09-000598€4-CU-EI-NC ) Honorable William Dato ) FINAL ORDER IN CONDEMNATION ) Dept:N-31 Plaintiff Carlsbad Municipal Water District, and Defendant San Diego Gas and Electric Company, a Califomia corporation, having previously stipulated to a Final Judgment in Condemnation ("Judgment"), and having wai ved a Statement of Decision; Judgment having been entered; no other party or person having or claiming to have an interest in the property being acquired or the compensation to be paid for the property; and good cause spearing: NOW.THEREFORE,mSHEREBYORDERED,ADJUDGEDAND DECREED AS FOLLOWS: 1. The property and propmy interestsdescribed mthe attached Exhibit "A»CProperty") PINAL ORDER IN CONDEMNATION CQ DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC i 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 EXHIBIT 1 13033 is hereby condemned to the District for the construction and operation ofthe Desalinated Water Pipeline in Avenida Encinas Project, and for public uses. 2. The use for which the Property is sought to be condemned is for the Project, and for public uses. 3. San Diego Gas and Electric Company has been paid the sum of Thirteen Hiousand Five Hundred Dollars and No/100 <$13»5O0,00), as fijll payment of just compensation pursuant to the judgment 4. A certified copy ofthis Final Order of Condemnation shall be recorded in the Office ofthe County Recorderofthe Coimty of San Diego, State ofCalifornia, and thereupon the easement in the Property shall vest in the District IT IS SO ORDERED. Dated:OCr Ql ?m J UDGE OF THE SUPERIOR tOURT €UIUC*SCERIIPICMS FINAL ORDER IN CONDEMNATION DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT 1 RECORDING REQIffiSTED BV: Carlsbad Municipal Water District WHEN RECORDED MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad. Village Drive Carlsbad, Califomia 92008 MAIL TAX STATEMENTS TOs Exempt Please reeord tbe doeument at no fee as it is to the benefit ofthe District (Gov. Code 6103) 12034 The undersigned grantor{8) declare(s): Documentary Tranafier Tax Is S -0.00- Assessor's Parcel No- [ ] computed on ftid value of property conveyed, or ProjectlD" [ J computed on ftjH value less value of liens and Project Name* encumbrances remaining at time of sale. Related Project ID*^^—~ I } Unincorporated area: <X) City of fiadSfea^. and Related Prefect ID ~ FOR A VALUABLE CONSIDERATION, ' receipt of which is hereby acknowledged. GRANT DEED OF PUBUC WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (we) San Diego Gas & Electric Company, a Caiifomia corporation. Grantor(s) does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, its successors and aaslgns. a public water line easement. Purpose: the public water line easement granted herein shall be granted forthe following purposes: the construction, operatton, repair, reconstruction and all activities necessary to construct, reconstaict. operate, maintain and ^^ repair fiEicilfties designed fbr the purpose of an underground pipeline for the ^ conveyance and transportation of water nnn- A" tXHlDlT M DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT 1 ^ 12035 The use shaliffeo include a means of acces^ and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said faciHty. Grantor herein agrees that no buildings will be erected within the easement. Grantee herein agrees that the public water line easement shall be subject to Grantor's existing and future utility facilities; provided, however, that such future utility faciWies shall not be incompatible with the Carlsbad Municipal Water District's exercise of its rights underthe 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, tn the event that the future use of Grantee's easement by Grantee shall at any trme necessitete a rean-angement, 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 E unrestrained right of ingress and egress, including vehicular access, to, from, H P 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 ^ 6 DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT 1 .1 «0 13036 ribed in Exhibit "C" attached hereto and made a part hereof. Location of the Easement: The easement granted herein shaii be located within and upon the properties more particulariy described in Exhibit "A." Exhibit "B" is attached for clarity oniy. Executed by the Grantor fhis day of , 20 . GRANTOR: By: (sign here) (print name and title of signatory) By: (sign here) (print name and title of signatory) (Notarial acknowledgment of execution of GRANTOR must be attached.) (Chairman ofthe Board, President, or any Vice-President and secretary, any assistant secretary, the Chfef Financial Officer, or any assistant treasurer must sign for corporations. If onty one ofRcer signs, ihe corporation nniust attach a resolution certified by the secretary or assistant secretary under corporate seai empowering that officer to bind the coiporation.) If signed by an individual partner, the partnership must attach a statement of paitner^lp authorizing the partner to execute this instrument. E^ X DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT 1 12037 EXHIBIT «A" XiSCHkL OBSCRXPTXON POR PRQStrCT WATER PlPMtam 8ASSMBMT ARJSA THAT PORTION OF PARCEL 7 PER CERTIFICATE OF COMPLIAMCE RSroMfiD RECORD OP SURVEY NO. 173S0, IW THE CITY OP CARLSBAD, COUNTY OF ^ DIBGO, STATB OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS POLIiOWS t COMMSNCINO AT THB MOST SOUTHWESTERLY CORNER OP SAID PARCEL 7 ALSO BEING A POINT ON THB EASTERLY LINE OF THE 100.00 POOT WIDE RTrsHT ^''^L^L''fL^''^^^J''P^ ^ RAILROAD; THENCE THB COMMON LINE BEWTWEBN SAID EASTERLY LINB OP THE ATCHISON TOPm jRND SANTA PE RAILROAD AND THE SOUTHWESTERLY LIMB OP SAID PARCBL 7 NORTH 22''30'13- WEST, 543.59 PEET TO THE TRUE POINT OP BBQXMTOsi THENCE CONTINUING ALONG SAID COMMON LINE, NORTH Sa^'SO'lS" WEST, 69-27 FEET/ THENCE LEAVING SAID COMMON LINE, NORTO 67»29M7" EAST' 60.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OP SAID PARCfir? ALSO BEING A POINT ON THE WESTERLY LINE OP PARCEL MAP NO 193S0 RECORDEaO DECEMBER 2, 2003, AS DOCUMENT NO. 2OO3-1430564; TfirEMffg ALONG THB COMMON LIMB BETWEEN SAID NORTHEASTERLY LINE OF PAR^ 7 AND SAID WESTERLY LINB OP PARCEL MAP NO, 19380, SOUTH Za^SO'lS" EAST (NORTH SS'SO'ia" WEST RECORD PER SAID PARCEL MAP NO, 19380} 311 .€1 PBBTi THENCE LEAVING SAID COMMON LINE NORTH 41»03'13" WBST', 38.61 FBBT; THENCE NORTH 35**31'15'' WEST, 142.74 PEST; THENCE NORTH 35*^38'41* WEST, 68.45 PEET TO THE TRUE POINT OP BBOINNINS. ATTACHED HERETO IS A PLAT LABELED EXHIBIT ^y..Y' AND BY THIS RBFBRBNCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARB GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, ADOUSIMENT KAD- 83, AND EPOCH 1991.35. ' SAID PARCBL OP LAND CONTAINS 0,271 ACRES. MORE OR LESS GARY h>WfB L.S. 7019 EXPIRATION DATE DATB 6/3O/2010 T:\SURVEy\23$8\20(»M>7.13 • P]at<^«{s\Exhibii Y-V-Miet Water Pipe}iiir^ EXH.«A'» TO GRANT PEED Pel OFI ,..w/ / DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT 1 JL 13038 ilOAL D£S€Rff>VON: A PORTION or PARCEL 7 PER CERTIRCATE OE COmiJmE RECOROEO OCTOm 30. 2001 AS OOCmNT Na 2001-0789072, AND AS SHOm ONREcm or suR\^YNa msci m THE an OrCARLSSm, COUNTY or SAN O^m STATE QFCAUrmtA. ASSESSORS PAfm NO: 210-010^42 BASfS OF BEA/mOS' THE BASIS or BEmiOS FOR THIS ORAmO ts THE HORIZONTAL CONTROL BASEO ON THE CAUPORNIA cooRomTEsrsTEu zom6, max AsoETBmEo LOCALLY BY THE UAT BETmEH EIRST ORtXR CONTRa POINTS 057 ANO 141 PER I^CORO OT SUR¥EY NO. 17271 f.E. N40'39'21'^^ l£GEm: ^^OtCATES EJQSm PROPOITYLm INDICATES POINT OE COmmmENT mCATES TRUE PONT or 8£&Nm limATES ^ucr WATER rmm tmtEHr AREA « a271 AO^ HOf^ OR LESS OimER: SAN 0£00 OAS 4t ELECTRIC EXECUTIVE OmCES B32B CENTURY PARK COURT SAN 0^00, CAmRNUi 92123-'4130 mVEm OF WORK: PROJECT OESON COfm.TANTS ZOT B STREET SUITE BOO SANOm^ CALFORNIA 92101 PHO/m (619J 233-^471 NOSCAIE OARYL Nm LS7019 REGSTRATm OtmS 6/30/SOIO OATE APPUCANTS POSBDON RESOURCES SOIMSTBRONmT SUITE 2020 CAUFORNIA 92101 PREPARED B^ PROJECT OESm CONSULTANTS TOtBSnm SUITE BOO Sm DIEGO. CAUFORNIA 92101 piiomicT WATER PIPBLINE eA86MENT AREA EXHIBIT SHEETfOrS AM 210-010^42 P5 EXH«B»'TOC5RANT DEED P.1 OF 3 DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT 1 13039 fiWMiSfl CAUfmtA 92101 5<:x PR&>ARB>Bfi PROJECT DESIGN COimTANTS 701 B STREET SUITE SOO SAN oxoa cAuroRm 92101 PRODUCT \ WATER l»IP6LiNE N^£A8eM6Nr AflEA EXHIBIT SHEETSOFS A.PN, 210-010-42 EXH*'B" TO GRANT DEED P. 2 OP 3 E h P > DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT 1 ^uiurm, cAUFOmA 92\Qi SAN om. CAUPORNUk 92W1 PRODUCT WATER PiPRUNE 6A86M6NT AREA EXHIBIT •Y-Y • SHEETJOfS A.P.N. 210^010-42 EXH^B" TO GRANT DEED P. 3 OF 3 5/ DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT 1 H • 13041 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, CITY OF CARLSBAD. AND DESCRIBED AS FOLLOWS: That portion of Lot "H" of Rancho Agua Hediona, in the City of Carisbad, County of San Diego, State of Califomia, according to Partition Map thereof No 823, filed in the Office of the County Recorder of San Diego County, November 16,1896, defined as Parcel 7 in that Certificate of Compliance, recorded October 30,2001 as file no. 2001-0789072 of Official Records. EXH."C" TO GRANT mvx^ p. I OF 1 E e DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC RECORDING REQUESTED BY CITY OF CARLSBAD 1200 Carlsbad Village Drive Caiisbad, CA 92008 WHEN RECORDED MAIL TO NAME CITY CLERK MAILING 1200 Carlsbad Village Drive ADDRESS CITY, STATE Carlsbad, CA ZIPCODE 92008 EXHIBIT 2 i THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON OCT 1 a 2Q12 DOCUMENT NUMBER 2012-0620225 Ernest J. Dronenburg, Jr.. COUNTy RECORDER SAN DIEGO COUNTV RECORDER'S OFFICE TIME: 9:18 AM SPACE ABOVE THIS LiNE RESERVED FOR RECORDER'S USE T I T L E(S) FINAL ORDER OF CONDEMNATION PORTIONS OF ASSESSOR PARCEL NQ.r 210-01 OJi^ Soiumns" LS-201 DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT ,i : Ronald R. Ball, City Attomey Ronald C. Kemp, Assistant City Attomey Califomia State Bar No. 170639 Office of the City Attomey 1200 Carlsbad Village Drive Carlsbad, California 92008 Telephone: (760)434-2891 Facsimile: (760) 434-8367 E-Mail: ronald.kemp@carlsbadca.gov Attomeys for Plaintiff City of Carlsbad, a municipal corporation Exempt firom filing fees per Gov't Code § 6103 Oh SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO, NORTH COUNTY DIVISION CITY OF CARLSBAD, a municipal corporation, Plaintiff, V. SAN DIEGO GAS & ELECTRIC COMPANY, a Californja corporation; AH Persons Unknown Cl^timing an Interest in the Property Described in the Complaint; and DOES 1 through 10, inclusive. Defendants. CaseNo. 37-2012-00055512-CU-EI-NC Hon. EarlH.Maas, ffl 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 California 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 having or claiming to have an interest in the property being acquired or the compensation to be paid forthe property; and good cause appearing: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. The property and property interests described in the attached Exhibit "A" ("Property") is hereby condemned to the City for the construction and operation of the Agua Hedionda Sewer Lift Station and Force Mail Replacement for the Vista/Carlsbad Sewer System Pi-oject, and for public uses. 1 FTNAT, ni?nP.T? OF nONnF.MMATrnN -1 / DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 2 1 2. The use for which the Property is sought to be condemned is for the Project, and 2 for public uses 3 3. The San Diego Gas and Electric Company has been paid the sum of Sixty-Three 4 Thousand One Hundi'ed Four Dollars and No/100 ($63,104.00), as full payment of just 5 compensation pursuant to the Judgment. 6 4. A certified copy of this Final Order of Condemnation shall be recorded in the 7 Office of the County Recorder of the County of San Diego, State of Califomia, and thereupon 8 the easement in the Property shall vest in the City 9 10 IT IS SO ORDERED. n Dated: iEli!?^^0I2 JUD^EARLMAAS JUDGE OF THE SUPERIOR COURT IFINAL ORDER OF CONDEMNATION DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT 2 ' EXHIBIT A to FINAL ORDER OF CONDEMNATION "Grant Deed for General Underground Utility Easement" DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT 2f RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk • CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad.CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS UNE 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 ( ) cemputed on full value less value of liens and Uft Station and Force Main Replacemenl Encumbrances remaining at time of sale. Project ' ( ) Unincorporated area: (x) City of Carlsbad, and GRANT DEED OF GENERAL UNDERGROUND UTIUTY EASEMENT FOR A VALUABLE CONSIDERATION, receipt of wliich Is hereby acknowledged. 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 all 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 all facilities and structures 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 ail 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 5? DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT 2 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 rean-angement, relocation or reconstruction of Grantor's fadlities, 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 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 IVIUST SIGN FOR CORPOFtATE 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 DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT 2 CALIFORNIA ALL-PURPOSE AOKNOWLgDGMENT State of California County of On before me, Date personally appeared } Hera Insert Nama and Title of the Olflcsr Name<8) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person{s) .wiiose name(s) Is/are subscrilied to the within instrument and acknowledged to me that he/she/they executed the same jn his/her/their authorized capacityO'es), and that by his/her/their slgnatutB(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instnjment. I certify under PEMALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct". WITNESS my hand and offldial seal. Place Notaiy Sjsal At)ova Signature. OPTIONAL - Sfgrtature of Notary Public Though 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 ot this form to another doaumeht Description, of Attached Document Title or Type of Document: _____________ DoQument Uate; , —-u-Number of Pages: Signer(s) .OfherThan Named Above: Capacity(les) Claimed by Slgner(s) Signer's Name: • Individual • Corporate Officer-—Tltle(s): ^ • Partner —• Limited • (aeneral. Q Attorney In Fact •• • TVustee • Guardian or Conservator • Other: Signer Is i=lepresentlng:__^ RIGHTTHUMBPRINT Tsp of ifiumb hare - Signer's Name: • individual • Corporate Officer—Title(s): • Partner — • Umited • Q^eral • Attorney In Fact • Trustee • Guardian or Conservator • Other: RlGHT'UilJMBPBlNT OF SIGNHB Top pf .Ihpmb h&re Signer Is Representing:. ©2007NattorKil Notary Assoclayon* 9350 C5e Soto Ava, P.0.B0X 2408 •ChatsiMorth.OA 91313-2402* «(ww.NatiorialNotary.or9 Item «ffl07 Reo/denCallToK-FfiBa l^-876-6827 REV 1/17/12 DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT 2/ EXHIBIT 'A' THAT PORTION OF PARCEL 7 OF CERTIFICATE OF COMPUANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT 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 PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16, 1896. DESCRIBED AS FOLIOWS: 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 87"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. 5.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID UNE NORTII 67'29W CAST, 30.00 FEET; THFNCF LEAVING SAID LINE NORTH 22*30'16" WEST. 889.9? 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 17360), 30.12 FEET: THENCE LEAVING SAID UNE 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), 54.76 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 UNE THROUGH SAID POINT BEARS NORTH 49M0'42" EAST; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF AVENIDA ENCINAS ANDTHE 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 WIAP 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*65'04" 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 22'30'18'' WEST. 192.00 FEET TO THE POINT OF COMMENCEMENT. CONTAINING 1.004 ACRES. MORE OR LESS. 10.74- DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT 2 r EXHIBIT EASEMENT PLAT SHEET 1 of 2 LEGAL DESCRIPTION: PORTION OF PARCEL 7 OF CERTIFICATE OF COMPUANCE RECORDED OCTOBER 30. 2001 AS DOCUMENT NO. 2G01'-0789072 OF OFFICIAL RECORDS. AS SHQWN 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 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. N4b'39*21"W OWNER: SAN DIEGO GAS &: ELECTRIC COMPANY 8335 CENTURY PARK COURT, CP 11D SAN DIEGO, CA 92123 SAN DIEGUITO ENGINEERING. INC. 4407 MANCHESTER. SUITE 105 ENCINITAS, CA. 92024 PHONE: (760) 753-3525 CIVIL ENGINEERiNG • PLANNING LAND SURVEYING PACIRC OCEAN VICIIvjITY MAP NO SCALE ANDRE PLS 7442~* "DATE UMdotoSCIv.l 30S5370 A4t.SNSURV£YND»'awfnosN«asenent platsNSSTOesnt.sswr.sdga plat r«v02,d»i9 PW5370 X, DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC EXHIBIT 2 f///J( INDICATES EASEIvlENT AREA P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING SAN OIEGUITO ENGINEERING, INC. 4407 MANCHESTER. SUITE 105 • ENCINITAS. CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING jS|c/avo\Cvtt 3D\5370 AHLSs'suaVEYNDrQwInQsVeosenent ptatsVWOesnt.sswr.stffle plat rcvOS.dws DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC DocuSign Envelope ID: 852F6A1F-BB34-48E1-8479-FBA0F0A13AFC