HomeMy WebLinkAbout2017-08-22; Municipal Water District; ; Adopt a Resolution accepting an Easement Agreement with Cabrillo Power I, LLC for a Recycled Water Pipeline Easement for the Avenida Encinas Recycled Water Pipeline, Project No. 5027#15
Meeting Date:
To:
From:
Staff Contact:
Subject
Aug. 22, 2017
President and Board Members
Kevin Crawford, Executive Manager
Mark Biskup, Associate Engineer
Mark.Biskup@carlsbadca.gov or 760-603-7352
CA Review 1-}S
Adopt a Resolution accepting an Easement Agreement with Cabrillo
Power I, LLC for a Recycled Water Pipeline Easement for the Avenida
Encinas Recycled Water Pipeline, Project No. 5027.
Recommended Action
Adopt a Resolution accepting an Easement Agreement with Cabrillo Power I, LLC for a Recycled
Water Pipeline Easement for the Avenida Encinas Recycled Water Pipeline, Project No. 5027.
Executive Summary
The Avenida Encinas Recycled Water Pipeline is a part of Carlsbad Municipal Water District's
(CMWD) Phase Ill Recycled Water Program. A portion of the pipeline alignment traverses a
parcel of land owned by Cabrillo Power I, LLC (Cabrillo) and requires an easement from Cabrillo,
as shown on Exhibit 1. The Easement Agreement must be accepted by the CMWD Board of
Directors.
Discussion
The Avenida Encinas Recycled Water Pipeline is identified as Expansion Segment 2 in CMWD's
Phase Ill Recycled Water Program. This segment includes approximately 11,000 linear feet of 18-
inch and 12-inch diameter pipeline extending from the Carlsbad Water Recycling Facility to the
new sewer bridge at the Agua Hedionda Lagoon channel. The pipeline will interconnect w ith
existing recycled water lines in Palomar Airport Road and Cannon Road to improve reliability and
water quality to CMWD customers. The pipeline will also provide recycled water to customers
along Avenida Encinas, the future Carlsbad Energy Center Project, the Agua Hedionda Sewer Lift
Station and may be extended in the future to serve recycled water to the Carlsbad Village.
The northerly 1,700 feet of the recycled water pipeline is within a parcel of land owned by
Cabrillo and requires a recycled water pipeline easement, which Cabrillo has agreed to provide
to CMWD at no cost. A Recycled Water Pipeline Easement Agreement (Agreement) has been
prepared for the Board's acceptance, which is included as Attachment A to Exhibit 1.
Fiscal Analysis
The Recycled Water Pipeline Easement is being provided by Cabrillo to CMWD at no cost.
Next Steps
Execution and recordation of the Agreement will allow for the installation and operation of the
subject pipeline, providing recycled water service along its alignment.
Page 453
Environmental Evaluation (CEQA)
Approval of an easement agreement 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.
Construction of the 18-inch and 12-inch diameter pipeline within the subject easement is part
of Expansion Segment 2 of the Phase Ill Recycled Water Program. An environmental impact
assessment was conducted for the Phase Ill Recycled Water Program, and a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program were approved by the Board
through Resolution No. 1455, on Nov. 27, 2012.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Resolution accepting an Easement Agreement with Cabrillo Power I, LLC for a Recycled
Water Pipeline Easement for the Avenida Encinas Recycled Water Pipeline, Project No. 5027.
2. Location Map.
Page 454
RESOLUTION NO. 1581
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT BOARD (CMWD), ACCEPTING AN EASEMENT
AGREEMENT WITH CABRILLO POWER I, LLC FOR A RECYCLED WATER
PIPELINE EASEMENT FOR THE AVENIDA ENCINAS RECYCLED WATER
PIPELINE, PROJECT NO. 5027.
EXHIBIT I
WHEREAS, the Avenida Encinas Recycled Water Pipeline is part ofthe Carlsbad Municipal Water
District's (CMWD) Phase Ill Recycled Water Program, referred to as Extension 2 and included in the
Capital Improvement Program; and
WHEREAS, a portion of said pipeline alignment crosses a portion of real property owned by
Cabrillo Power I, LLC (Cabrillo) and necessitates a Recycled Water Pipeline Easement be acquired from
Cabrillo; and
WHEREAS, Cabrillo has agreed to provide the necessary easement to CMWD at no cost, and
Cabrillo and CMWD have agreed to enter into the Recycled Water Pipeline Easement Agreement
(Agreement); and
WHEREAS, the portion of real property is located in the City of Carlsbad, west of Interstate 5,
north of Cannon Road and east of the San Diego Northern Railroad right-of-way line. The real property
location is a portion of a larger parcel that is presently designated as San Diego County Assessor's Parcel
Numbers 210-010-42, 210-010-45 and 210-010-46 and is legally described and depicted in the
Agreement; and
WHEREAS, the Board of Directors of CMWD, has determined it necessary, desirable, and in the
public interest for CMWD to accept said Agreement.
EXHIBIT 1
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board ofthe City
of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. The president of the Board is hereby authorized and directed to execute said Recycled
Water Pipeline Easement Agreement with Cabrillo, attached hereto as Attachment A.
3. The secretary to the Board is directed to record the executed Recycled Water Pipeline
Easement Agreement with Cabrillo.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water
District of the City of Carlsbad on the 22nd day of August, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
(SEAL)
RECORDING REQUESTED BY:
CARLSBAD MUNICIPAL WATER DISTRICT
AND WHEN RECORDED MAIL TO:
District Secretary
Carlsbad Municipal Water District
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT
Please record the document at no fee as
it is to the benefit of the District
(Gov. Code [6103].)
DOC# 2017-0445712
11111111111111111111111111111111111111111111111111111111111111 IIII IIII
Sep 28, 2017 10:33 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PAGES 9
The undersigned grantor(s) declare(s):
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No.: 210-010-4 7
Documentary transfer tax is $0.00
( ) 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
Project ID: 5027 ------Related Project ID: 3492; 3949 &
3886
Project Name: Avenida Encinas
Recycled Water Line
RECYCLED WATER PIPELINE EASEMENT AGREEMENT
FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which are hereby acknowledged,
CABRILLO POWER I LLC, a Delaware limited liability company ("GRANTOR")
the owner of the real property described herein, located in the City of Carlsbad, San Diego County,
California hereby GRANTS to
CARLSBAD MUNICIPAL WATER DISTRICT ("CMWD"), a public agency organized under the
Municipal Water Act of 1911, and a subsidiary of the City of Carlsbad, its successors ("GRANTEE"),
a non-exclusive recycled water pipeline easement in, on, over and through Grantor's real property in the
City of Carlsbad, County of San Diego, State of California, in the locations more particularly described in
Exhibit A attached hereto and incorporated herein (the "Easement"), as depicted for reference only in
Exhibit B, for the purposes and upon the terms and conditions set forth below:
A. EASEMENT PARCEL:
1. RECYCLED WATER PIPELINE: Easement granted herein (the "Easement") shall be granted
for the following purposes: the construction, operation, maintenance, repair, reconstruction and
all activities necessary to construct, reconstruct, operate, maintain, and repair subsurface
pipelines and related subsurface facilities designed for the general purpose of transporting
distributing recycled water flowing through said pipelines and appurtenances ("Recycled Water
Pipeline"). The Recycled Water Pipeline is located as shown on City of Carlsbad Drawing No.
474-5. CMWD shall provide Grantor with copies of final design plans for the Recycled Water
Pipeline Facilities within 60 days following the effective date of this agreement.
2. The Recycled Water Pipeline includes a pipeline, and other buried appurtenances necessary
to facilitate the operation and maintenance of said pipeline. The access vaults for the Recycled
Water Pipeline's valves along with meter service assemblies and fire hydrants shall be
constructed at and above grade per CMWD standards. The use of the Easement shall also
include a means of pedestrian and vehicular access along said Easement area for the purpose
include a means of pedestrian and vehicular access along said Easement area for the purpose
of constructing the Recycled Water Pipeline, and from time-to-time thereafter, operating,
repairing, maintaining, inspecting and reconstructing said Recycled Water Pipeline.
3. The uses described herein shall be non-exclusive to Grantee. Grantor herein agrees that any
buildings and/ or structures erected, walls constructed, fences built, trees planted, and any other
surface and subsurface uses within the Easement area will be compatible with, and will not
unreasonably restrict Grantee's ability to maintain, repair or replace Grantee's Recycled Water
Pipeline.
4. Grantor explicitly reserves the right to operate vehicles on, over, along and across the Pipeline
Easement area for Grantor's equipment deliveries and all other activities associated with
construction, operation and maintenance of the CECP, including without limitation, equipment
deliveries or activities on, over, along and across the Easement area that are anticipated to
exceed the American Association of State Highway Transportation Officials ("AASHTO") HS-20
design loads. The Sewer Pipelines will be designed, constructed and installed in a manner that
enables them to withstand loads that meet or exceed AASHTO HS-20 design loads. Grantor will
take reasonable measures to protect the Sewer Pipelines from adverse impacts due to Grantor's
equipment that exceeds AASHTO HS-20 design loads.
B. Grantee agrees to provide Grantor with written notice at least 48 hours in advance of any construction,
excavation and/or repair or maintenance work that Grantee intends to perform within the Easement area,
together with a reasonably detailed description of such work; except in an emergency, in which case,
Grantee shall provide such notice to Grantor as soon as reasonably possible within 24-hours thereafter.
Grantor agrees that Grantee shall not be responsible for the repair or replacement of Grantor's above-
ground improvements, situated within the Easement that are affected by such work of the Grantee.
Notwithstanding the foregoing, Grantee shall use commercially reasonable efforts to avoid damage to
Grantor's above-ground improvements during performance of any such work and, following any such
construction, excavation and/or repair or maintenance work, Grantee shall restore the surface of the
Easement to substantially the condition it was in before Grantee commenced such work, including
repairing or replacing Grantor's roadway or pathway surfaces with standard roadway, driveway or pathway
materials (for example, asphalt, concrete or gravel), as applicable, and replacing minor landscaping such
as grass and low-growing shrubs damaged by Grantee's work.
C. Notwithstanding anything to the contrary herein, Grantee expressly acknowledges that the Easement
is situated on certain real property upon which Grantor intends, and has a California Energy Commission
license to construct and operate the Carlsbad Energy Center Project (the "CECP"), an electric power
generating facility; and Grantee shall make every effort to accommodate the construction and operation
of the CECP in conjunction with Grantee's use of the Easement granted herein. Furthermore, Grantee
explicitly acknowledges that Grantor has unfettered rights to utilize the Easement in any manner
consistent with the rights granted herein, that does not unreasonably interfere with Grantee's ability to
maintain and repair the Recycled Water Pipeline, as reasonably determined by Grantee; except as set
forth to the contrary herein.
D. LOCATION OF THE EASEMENT: As set forth above, the Easement granted herein shall be located
within and upon that certain real property more particularly described in Exhibit A. Exhibit B is attached
for clarity only.
E. Grantee agrees to indemnify, defend, and hold harmless Grantor and Grantor's lenders, agents,
employees and contractors harmless from and against any and all liens, claims, losses, liabilities,
damages, costs, expenses, causes of action, fees (including without limitation attorney's fees) (collectively
"Losses") arising out of any acts of Grantee or its contractors, agents, or employees pursuant to this
agreement or attributable to Grantee's facilities in the Easement.
F. Grantee agrees that if for any reason the Recycled Water Pipeline Easement is abandoned for a
continuous period of five (5) years, then Grantee will initiate summary vacation proceedings under
California Streets & Highways Code section 8333, as may be amended from time to time.
[Signature page follows]
Page 458
IN WITNESS WHEREOF, this Sewer Easement Agreement has been executed by the parties
as of the date hereof.
GRANTOR
Cabrillo Power I LLC,
a Delaware limited liability company
By 4~-.
Name: :::foht'\ Ch.:\ le~.
v ' Its: _ __;_~ _,t_~_':::>-----', J..:;._;.__12_i,,_;;,_t' ______ _
DATED ..::f \J-N.-t L-) 2e> 11-
GRANTEE
Carlsbad Municipal Water District
a Public Agency organized under the Municipal
Water Act of 1911, and a Subsidiary District of
the City of Carlsbad
By: ---'--#-~-AL/------,,.__ __ _
ATTEST:
APPROVED AS TO FORM:
Celia A. Brewer, General Council
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
State of California )
County of San Francisco ) ss
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF
ACKNOWLEDGEMENT
On June 14, 2017, before me, J.M. Bergman, Notary Public, personally appeared John Chillemi, who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument
the person, 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 of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal. 0
{ 11. BERGMAN ° '
COMM. #2046489 z
Notary Public · California ~
Contra Costa County ...
M Comm Expires Nov. 20, 2017
(Seal)
Page 460
EXHIBIT "A"
EASEMENT LEGAL DESCRIPTION
THAT PORTION OF PARCEL 4 OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001
AS DOCUMENT NO. 2001-0789067 & 2001-0789068, 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 MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF
SAN DIEGO, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
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; THENCE NORTH 67°29'44" EAST (RECORD NORTH
67°29'48" EAST PER PARCEL MAP 19380), 35.25 FEET; THENCE NORTH 22°30'16" WEST, 889.92
FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL 4 OF CERTIFICATE OF COMPLIANCE
RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789067 & 2001 -0789068, AND SHOWN
ON RECORD OF SURVEY 17350, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID LINE NORTH 22°30'16" WEST, 1694.09 FEET; THENCE
SOUTH 67°29'44" WEST, 30.00 FEET; THENCE SOUTH 22°30'16" EAST, 1,696.75 FEET TO THE
SOUTHERLY LI NE OF SAID PARCEL 4; THENCE ALONG SAID SOUTHERLY LINE NORTH 62°25'1 O"
EAST (RECORD NORTH 62°25'13" EAST PER ROS 17350), 30.12 FEET TO THE TRUE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 1.168 ACRES, MORE OR LESS.
Page 461
EXHIBIT "B"
EASEMENT PLAT
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. N40'39'21 "W
OWNER:
NRG ENERGY, INC.
1201 FANNIN STREET
HOUSTON, TX 77002
fZZZ;J INDICATES EASEMENT AREA
•
SAN DIEGUITO ENGINEERING, INC •
462 STEVENS AVENUE, SUITE 305
SOLANA BEACH, CA. 92075
PHONE: (B5B) 345-1149
CIVIL ENGINEERING • PLANNING
LAND SURVEYING
PACIFIC
VICINITY MAP
NO SCALE
SHEET 1 of 3
U•\lcfato \_Projects\P\/5370 AHLS -City of Corlsbool\Drowlngs\Plo ts\Reclolr,eol \lo ter\S370esr,t_rw_cobrlllo_nrg.olwg 2/9/2017 P 5370
Page 462
1b iJ)
.,>
EXHIBIT "B"
EASEMENT PLAT
--0
1b ~
'Z () iJ)
--0
~ ~ < ~ 6) ~ ~ -l
SDNR (FORMERLY
ATCHISON, TOPEKA &
SANTA FE RAILWAY).....--~
SCALE: 1" = 200'
0 200· 400'
fZZ2d INDICATES EASEMENT AREA
P.O.C.
T.P.0.8.
POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
~ 0
()
SHEET 2 of 3
Page 463
\
\
\
\I
SCALE: 1" = 200·
0 200'
t iJ)
..> ~
EXHIBIT "B"
EASEMENT PLAT
PARCEL 3
t ~.
~-.,>
.,> 61.
<fo~
l? ·o
6) \9. ~
tp
l?
'3.
400'
1777:3 INDICATES EASEMENT AREA
SHEET 3 of 3
--{) --{) ~ t ~ ~ iJ) (") < ~ ~ ~ ~ (")
0
Page 464
EXHIBIT 2
RECYCLED
WATERLINE
NOT TO SCALE
PROJECT NAME
LOCATION MAP
A VEN/DA ENCINAS RECYCLED WATERLINE PROJECT
DRA'MI 8~ SCOTT E:VANS: CARLSBAD U71L/71E:S DE:PT. 9/24/14 C: \U11L/71E:S DE:PAR1ME:NT\LOCA710N MAPS\5207...RE:CYCLE:D WATE:RLINE:.DWG
PROJECT NUMBER
5027
EXHIBIT
2
Page 465
CERTIFICATION FOR ACCEPTANCE OF DEED OF EASEMENT
This is to certify that the interest in real property conveyed by the
Recycled Water Pipeline Easement Agreement, dated June 12, 2017, from
the Carlsbad Municipal Water District, to the City of Carlsbad, a Municipal
Corporation, is hereby accepted by the City Council of the City of Carlsbad,
California, pursuant to Ordinance No. NS-422, adopted on September 16,
1997, and the grantee consents to the recordation thereof by its duly
authorized officer.
DATED: 9l;J1 /1 ·z
\ J ll ") m · ·wr~ ~t-'hd\ ,
Tamara McMinn
Deputy City Clerk
(SEAL)