HomeMy WebLinkAbout2014-01-28; City Council; 21487; Approval of Easements Macario Canyon and Veterans Memorial Park to San Diego County Water Authority Desalination Pipeline APN 212-270-0700, 212-271-0300CITY OF CARLSBAD - AGENDA BILL
21.487 AB#
MTG. 1/28/14
DEPT. PW-PEM
APPROVAL OF THE DEDICATION OF
EASEMENTS UNDERNEATH MACARIO CANYON
AND WITHIN A PORTION OF VETERANS
MEMORIAL PARK TO THE SAN DIEGO COUNTY
WATER AUTHORITY FOR A DESALINATION
PIPELINE (APN: 212-270-0700 AND 212-271-0300)
DEPT. DIRECTOR <^ -
CITY ATTORNEY ~%f^
CITY MANAGER
RECOMMENDED ACTION:
ADOPT Resolution No. 2014-014 APPROVING the dedication of two grant easements and
one temporary construction and grant easement under a portion of Macario Canyon (APN 212-270-
0700) and within a portion of the future Veterans Memorial Park (APN: 212-271-300) to the San Diego
County Water Authority for installation, periodic inspection and maintenance of desalinated water
pipeline facilities.
ITEM EXPLANATION:
The San Diego County Water Authority (SDCWA) is currently installing a desalinated water pipeline
running from Carlsbad to San Marcos. As part of this project, SDCWA has determined the need for a
tunnel easement underneath a portion of Macario Canyon near the intersection of Cannon Road and
Faraday Avenue. This easement will not have surface rights and will total 0.662 acre.
SDCWA has also requested a second permanent easement for the tunnel landing just east of
Faraday Avenue, and a temporary construction easement for the tunnel landing. These two
easements will have surface rights. The permanent easement will total 0.148 acre and the temporary
construction easement will total 0.790 acre.
Staff has reviewed the easement documents and recommends that the City Council approve the grant
of these three easements to SDCWA. Staff is in the process of obtaining an independent appraisal.
Due to the time sensitivity of the dedications, it is recommended that the easements be dedicated at
this time and authorize the City Manager to negotiate an acceptable fair market value on behalf of the
City Council. Once an agreement has been reached the executed deeds will be released to SDCWA.
ENVIRONMENTAL IMPACT:
Environmental impacts associated with the pipeline and tunnel landing were considered in an
addendum to the desalination project's environmental impact report. The Planning Commission
approved the addendum, EIR 03-05(B), on November 6, 2013. Approval of easements as
recommended is consistent with the addendum.
DEPARTMENT CONTACT: Joe Garuba (760) 434-2893; joe.garuba@carlsbadca.gov
FOR CITY CLERKS USE ONLY
•
COUNCIL ACTION: APPROVED
•
CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Page 2
FISCAL IMPACT:
SDCWA has submitted an appraisal to the City that values the three easements at $13,000. City staff
is obtaining an independent review of the appraisal to determine the fair market value. There are no
future anticipated fiscal Impacts associated with the dedication of this easement to SDCWA.
EXHIBITS:
1. Resolution No. 2014-014 .
2. Location Map.
3. Grant deed of tunnel easement to the San Diego County Water Authority.
4. Grant deed of tunnel landing easement to the San Diego County Water Authority.
5. Grant deed of temporary construction easement to the San Diego County Water Authority.
2,
Exhibit 1
7
8
9
10
11
12
13
14
15
16
RESOLUTION NO. 2014-014
1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, TO APPROVING THE GRANT OF
TWO EASEMENTS AND ONE TEMPORARY CONSTRUCTION
4 EASEMENT AT MACARIO CANYON (APN 212-270-0700 AND
212-271-0300) TO THE SAN DIEGO COUNTY WATER
5 AUTHORITY FOR INSTALLATION, PERIODIC INSPECTION
AND MAINTENANCE OF DESALINATED WATER PIPELINE
6 FACILITIES.
WHEREAS, the City Council of the City of Carlsbad has determined it is necessary,
desirable, and in the public interest for the San Diego County Water Authority (SDCWA) to install,
periodically inspect and maintain water desalination facilities to provide service to its customers:
and
WHEREAS, through SDCWA studies it has been determined that the installation of
water desalination facilities are necessary to provide service to its customers: and
WHEREAS, proposed water desalination facilities are proposed to be located on
property that is owned by the City of Carlsbad: and
WHEREAS, SDCWA requires three easements from the City of Carlsbad for the
installation, periodic inspection and maintenance of its water desalination facilities: and
.^g WHEREAS, the City of Carlsbad has determined it to be in the public interest to grant
19
2Q NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
2^ California, as follows:
22 1 • That the above recitations are true and correct.
23 2. That the two grant deeds of easement and one temporary construction easement
24 to SDCWA, which are on file with the City Clerk and is incorporated by reference,
25 are approved.
26
27
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
That the City Manager is authorized to grant the easements after an independent
review of the SDCWA appraisal and negotiations for the fair market value of
these easements with SDCWA have been completed to the City Manager's
satisfaction. The City Clerk is hereby authorized to cause the original easement
document to be released to SDCWA after the City Manager's approval.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 28*^ day of January, 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
ATTEST:
BARBARA ENGLESON, aty Clerk
(SEAL)
LOCATION MAP
APN 212-271-03-00
Future Veterans
Memorial Park
PROJECT NAME
Macario Canyon and Veterans Memorial Parif Easements
EXHIBIT
1
J:\Requests2010Plus\PropEnviron\MuniProp\5229001_13
PLEASE RECORD THIS DOCUMENT AT
NO FEE AS mS TO THE BENEFIT
OFTHIS DISTRICT (GOV. CODE §6103)
RECORDING REQUESTED BY AND
WHEN RECORDED, PLEASE MAIL TO:
San Diego County Water Authority
Engineering Department
4677 Overland Avenue
San Diego, CA 92123
Space above this line for Recorder's use
Assessor's Parcel No. 212-270-07
Project Name & No. Desal Product Water Conveyance Pipeline/KOBOS
Water Authority Parcel No. CDP 005
DOCUMENTARY TRANSFER TAX: None
San Diego County Water Authority
William J. Rose
Director of Engineering
GRANT OF TUNNEL EASEMENT
TOTHE
SAN DIEGO COUNTY WATER AUTHORnV
The undersigned (Grantor) is the owner of real property described and shown in Exhibit
A attached hereto and designated as the "Property*'. For a valuable consideration, receipt of
which is hereby acknowledged. Grantor hereby grants to the San Diego County Water Authority
(Grantee) an exclusive and permanent tunnel easement with no right of surface entry under and
through the Property and depicted for convenience in Exhibit B, attached hereto, and designated
as the "Easement Area*'. The easement shall be for the purpose of digging, drilling, blasting,
constructing, installing, operating, repairing, maintaining, improving, inspecting, reconstructing,
relocating, replacing, and removing, now and in the future, a tunnel or tunnels, pipelines within
said tunnel or tunnels, appurtenant structures, conduits, wires and cables for power and
communication, underground anodes, anode wells and related facilities for cathodic protection of
pipelines and all other facilities necessary for conveyance or transmission of water and electricity
by the Grantee.
Grantor reserves the right to use the Property above the Easement Area for any lawful
purpose, provided however, that Grantor agrees that it will not excavate, install a well, or blast
within ten feet of the easement without the prior consent of Grantee which will not be
unreasonably withheld.
1
Assessor's Parcel No. 212-270-07
Project Name & No. Desal Product Water Conveyance Pineline/KOaOB
Water Authority Parcel No. CDP 005
The rights and obligations contained herein shall inure to the benefit of and be binding
upon the successors-in-interest, agents, employees, assigns, and transferees ofthe parties hereto.
IN WITNESS WHEREOF, this instrument has been executed this day of
, 20 .
GRANTOR: CIFY OF CARLSBAD
By:
Name:
Titie:
Darnel Hentscnke, Gener^X!ounsel
San Diego County Water Authority
Date //^ ///r
By: Date
Celia A. Brewer, City Attomey
City of Carlsbad
(Notarial acknowledgement of execution by Grantor must be attached.)
P:\K0303 Desal Product Water Conveyance PL\300 ROW\30S Real Estate Services\30S.2 Propeity Acquisition\30S.2-6 City of Carisbad
(Macario Cyn)VGnuit of Tunnel Easenient.d0CX
e
EXHIBIT *A'
LEGAL DESCRIPTION
FOR
MACARIO CANYON TUNNEL EASEMENT - CITY OF CARLSBAD
THAT PORTION OF LOT 7 OF CITY OF CARLSBAD TRACT CT 09-03 IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 15902 RECORDED MARCH 4, 2013, AS
DOCUMENT NO. 2013-0139681, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A 40.00 FOOT WIDE STRIP OF LAND LYING 20.00 FEET AS MEASURED
AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMBNCING AT POINT NO. 8 OF LOT F OF RANCHO AGUA HEDIONDA,
ACCORDING TO PARTITION MAP THEREOF NO. 823, MARKED BY A LEAD &
DISC STAMPED ^'LS 2721", SAID POINT BEARS SOUTH 07°19'53" WEST,
1219.41 FEET (NORTH 07°20'13" EAST, 1219.61 FEET PER RECORD OF
SURVEY NO. 17350 FILED APRIL 12, 2002 IN THE OFFFICE OF COUNTY
RECORDER OF SAID COUNTY) FROM THE NORTHEAST CORNER OF PARCEL 10
PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS
JX)CUMENT NO. 2001-0789068, AND AS SHOWN ON SAID RECORD OF SURVEY
NO. 17350 AS FILED IN SAID OFFICE OF COUNTY RECORDER; THENCE ALONG
THE EASTERLY LINE OF SAID PARCEL 10 NORTH 07'»19'53" EAST, 457.47
FEET TO THE TRUE POINT OF BEGINNING, BEING ENGINEER'S STATION
109+41.46, THENCE LEAVING SAID EASTERLY LINE NORTH 73*'06'37" EAST,
721.17 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT 7,
BEING ENGINEER'S STATION 116+62.63, ALSO BEING A POINT ON THE
SOUTHWESTERLY RIGHT OF WAY LINE OF FARADAY AVENUE AS SHOWN ON SAID
MAP NO. 15902.
THE SIDELINES OF THE ABOVE-DESCRIBED STRIP ARE TO TERMINATE IN THE
SOUTHWEST AT SAID EASTERLY LINE OF PARCEL 10 MID IN THE NORTHEAST
AT SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF FARADAY AVENUE.
THE UPPER VERTICAL LIMITS OF THIS EASEMENT STRIP ARE AS FOLLOWS:
AT STATION 109+41.46 ELEVATION 3.76 FEET; STATION 116+50.00 BEING
A VERTICAL POINT OF INTERSECTION OR ANGLE POINT, ELEVATION 0.22
FEET/ AT STATION 116+62.63 ELEVATION 0.16 FEET. THE UPPER
VERTICAL LIMITS ARE TO BE A STRAIGHT GRADE LINE BETWEEN THESE TWO
STATIONS. THERE ARE NO LOWER VERTICAL LIMITS. ELEVATIONS STATED
HEREIN ARE BASED UPON NGVD 29 DATUM PER RECORD OF SURVEY 17271,
SAID PARCEL OF LAND CONTAINS 0.662 ACRES, MORE OR LESS
P:\239825\SURVEY_BNDRYVSURVEY_DWO\PLATS\Tunnd Esm(\Legals\Tunnd Esrat (City) Rev. 3.doc
ATTACHED HERETO IS A PLAT LABELED EXHIBIT ^B' AND BY THIS
REFERENCE MADE A PART THEREOF. ALL BEARINGS AND DISTANCES SHOWN
HEREON ARE GRID, BASED UPON CALIFORNIA COORDINATE SYSTEM ZONE 6,
NAD-83, EPOCH 1991.35
GARY L.
LS 7019
DATE
P:\2398.25\SURVEY_BNDRY\SURVEY_DWG\PLATS\Tunnel Esmt\l>cgal5\Tunnd Bmt (City) Rev. 3.doc
10
LEGAL DESCRIPTION:
A PORVON OF LOT 7 OF OTY OF CARLSBAD
TRACT CT IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CAUFORNIA, ACCORDING TO MAP
THEREOF NO. 15902 RECORDED MARCH 4.
2013 AS DOCUMENT NO, 2013-0139681.
ASSESSOR'S PARCEL WO;
212-270-07
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS DRAWING
IS THE CAUFORNIA COORDINATE SYSTEM,
ZONE 6, NAD 83, EPOCH 1991,35, BASED
ON THAT PORTION OF THE EASTERLY UNE
OF PARCEL 10 OF CERTIFICATE OF
COMPUANCE RECORDED OCTOBER 30, 2001
AS DOC NO. 2001-0789068, BETWEEN A
FOUND LEAD A DISC STAMPED 'LS 2721"
AT POINT NO. 8 OF LOT F OF RANCHO
AGUA HEDIONDA AND A FOUND 2' IRON
PIPE W/DISC STAMPED 'RCE 27214' AT THE
NORTHEAST CORNER OF SAID PARCEL 10,
LE. N0719'53^E
BASIS OF ELEVAVONS:
PT. NO: 58 NAME CLSB-058 PER ROS 17271
STAMPING: CLSB-058 LS 6215
MONUMENT DESCRPnON: SET Z5' DISK IN
SOUTHEAST CORNER OF CANNON ROAD BRIDGE
OVER CREEK 370' WEST OF FARADAY AVENUE
DATUM: NG\/D-29 ELEVATKiN: 56.23'
OWNER:
OTY OF CARLSBAD
1200 CARLSBAD VIOAGE DRIVE
CARLSBAD, CAUFORNIA 92008
PHONE: (760) 434-2820
SURVEYOR OF WORK:
PROJECT DESI&I CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CAUFORNIA 92101
PHONE: (619) 235-6471
DATE
l£(XND:
p.o.c.
T.P.O.B.
VPI
INDICATES EXISWG PROPERTY UNE
INDICATES POINT OF COMMENCEMENT
INDICATES TRUE POINT OF BEGINNING
INDICATES VERTICAL PONT OF
INTERSECTION (ANGLE POINT)
INDICATES RECORD DATA PER ROS 17^
INDICATES TUNNEL EASEMENT OVER QTY
OF CARLSBAD PROPERTY
(0.662 ACRES)
GARY L HUS,
MACARIO CAN^'ON
TUNNEL EASEMlENT
- CITY OF
CARLSBAD
APPUCANT:
POSEIDON RESOURCES
501 WEST BROADWAY SUITE 2020
SAN DIEGa CAUFORNIA 92101
PREPARED BY:
PROJECT DESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO. CAUFORNIA 92101
EXHIBlH
SHEET! 0F2
AP.N. 212-270-(P
P:\2398JS\SUimYJBN0RASURVEYJ)m\f>LArS\Ttjnml £$mt\TtmMl Eamt (Oty) Rev3.dwg
NORTHEAST CORNBi
PARCEL 10
FOUND 2' IRON PIPE
WITH DISC STAMPED "RCE
27214' PER ROS 12462
PARCEL IO
C.O.C. PER FILE
NO. 2001-0789068
LOT 10
MAP 16902
CENTERUNE OF 25' WIDE
SEWER AND ACCESS ROAD
AND 75' WIDE TEMPORARY
CONSTRUCTION EASEMENTS
TO THE CfTY OF CARLSBAD
REC JUNE 14, 1991 PER
DOC NO. 1991-0285931, 0.R,
P.O.C-
POR
LOT H
iKmB'OFLOTF
FOUND LEAD & DISC
STAMPED 'LS 2721'
\
\
\
\ /
7 V OFFER OF DEDICATWN FOR
OPEN SPACE EASEMENT TO THE
CALIFORNIA COASTAL COIMillSSION
RECORDED FEB. 27, 1998 PER
DOC. NO. 1998-0103878, O.R.
PORTJON LOT F \
RANCHO AQUA
MAP 823
HEDJONDA
^ \ \
\ \ N,
APPUCANT:
POSEIDON RESOURCES
501 ilESTmADWAY SUITE 2020
SAN DIEGa CAUFORNIA 92101
PREPARED
PROJECT DESIGN CONSULTANTS
MACARIO CANYON
TUNNEL EASEMENT
- CITY OF
CARLSBAD
EXHIBIT!
701 B STREET SUITE 800
SAN DIEGO, CALIFORNIA 92101
SHEET2 0F2
AP.N. 212-270-Ot
12.
PLEASE RECORD THIS DOCUMENT AT
NO FEE AS rr IS TO THE BENEFIT OF
THIS DISTRICT (GOV. CODE §6103)
RECORDING REQUESTED BY AND
WHEN RECORDED, PLEASE MAIL TO:
San Diego County Water Authority
Engineering Department
4677 Overland Avenue
San Diego, CA 92123
(Space above this Une for Recorder's use
Assessor's Parcel No. 212-271-03
Project Name & No. Cadsbad Desalination Pipeline, K0303
Water Authority Parcel No. CDP-005A
DOCUMENTARY TRANSFER TAX: None (Gov. Code §6103)
San Diego County Water Authority
El
William J. Rose
Director of Engineering
GRANT OF EASEMENT
TOTHE
SAN DIEGO COUNTY WATER AUTHORTrY
The undersigned (Grantor) owns the real property described in Exhibit A, (Easemeijt
Area) and as shown on Exhibit B, Grantee's Right of Way Drawing, attached hereto and made
part hereof by this reference. For valuable consideration, receipt of which is acknowledged.
Grantor grants to the San Diego County Water Authority (Grantee) an exclusive and permanent
easement, together with the right to use and occupy the surface and subsurface of the Easemeit
Area.
The easement granted hereby shall be for the following purposes, including without
limitation, the construction, installation, operation, repair, reconstruction, relocation and removal,
and all activities necessary to construct, install, reconstruct, relocate, replace, remove, operatic
maintain, inspect and repair, now and in the future, a pipeline or pipelines, which may parallel eac ii
other, designed for the general purpose of transporting and distributing water, together with relate i
appurtenant facilities, which may extend above the Easement Area, including vaults, manhole;;,
flow control and measuring devices, air release and air vacuum valves, alarms, «x)sion control
facilities, blow-offs, pumping wells, power transmission and commimication conduits, antamai;.
Page lof|3
P:\K0303 Desal Product Water Coav^ance PL\300 ROW\30S Real Estate Services\30S2 PTOpetty Acquisitioo\305.2-6 City of Carisbad
(Macario Cyn)\Deed CDP-OOSA Grant of Easenieat.d0CX
Assessor's Parcel No. 212-271-03
Project Name & No. Carlsbad Desalination Pipeline, K0303
Water Authority Parcel No. CDP-OOS A
and cables necessary to the operation and maintenance of the pipelines, underground anodes, anodi ^
wells and related facilities for cathodic protection of pipelines, and any other facilities necessary fo r
the operation, protection, and maintenance of pipeline or pipelines.
Grantor further grants the right of unobstructed ingress and egress by a practical route acros;
the Property to, along, and from the Easement Area, including the right to pass and re-pass over aiM I
along the Easement Area, including access to Grantee's other easements, and to dq)osit tools,
inq>lements and other materials on the Easement Area and to utilize construction, automotive m I
other equipment thereon when necessary for the purpose of exercising its rights hereunder.
Grantee may remove any buildmgs, structures, brush, trees or other vegetation or objects
which are located on the Easement Area at the time of acquisition at Grantee's sole cost. Upon
completion of any work by Grantee on the Easement Area, Grantee shall restore the surface at
Grantee's cost to a compacted, neat, clean condition but not necessarily the same condition as
prior to such work. Grantee may trim, cut or clear any tree, brush or vegetation on the Easement
Area from time to time as Grantee determines necessary to the exercise of its rights hereunder.
Grantor reserves the right to use the surface of the Easement Area in a manner whici
does not conflict, interfere with, or disturb the rights and uses herein granted to Grantee. Granto r
shall not cause or permit, by grading or filling, an increase or decrease in the surface elevation o f
the Easement Area, nor dig or drill any wells, or construct fences, gates, posts, chains, walls cr
other objects, which occupy or physically intrude on the land, nor plant any trees, without prior
written approval of the Grantee. Grantee shall establish reasonable procedures for suci
approvals, including encroachment permits, and shall not unreasonably withhold approval cf
uses which are not detrimental to the rights and uses granted it hereunder.
Grantor shall not construct any pennanent buildings or structures, and place any toxic cr
hazardous materials or objects on the easement area.
Grantee, after reasonable written notice to Grantor or its heirs, successors and assign:;,
shall have the right to remove any earthfill, fences, gates, posts, chains, walls, building!;,
structiues, trees, toxic or hazardous materials or objects placed on the Easement Area by Grantc r
without the consent of Grantee. Grantor agrees to pay Grantee the cost of removal and qf
restoring the Easement Area to its prior condition, including staff, costs and interest.
Grantor waives any right under Civil Code Section 845 and any other riglit, if any, t>
compel Grantee to improve or mainfain any part of the Easement Area as a roadway or private
right of way.
Page2of|3
P:\K0303 Desal Product Water Coov^aoce PL\300 ROW>30S Real Estate Services\30S.2 Property Acquisitkn\30S.2-6 City of Carisbad
(Macario Cyn)\t>eed CDP-005A Grant of EasemenudoCX
H
Assessor's Parcel No. 212-271-03
Project Name & No. Carisbad Desalination Pipeline, K0303
Water Authority Parcel No. CDP-005A
If litigation is conunenced to enforce or interpret this Agreement or the rights and
obligations hereunder, including declaratory relief, the prevailing party shall be entitied to
recover, in addition to any other legal remedies, all reasonable litigation costs includini;
attorneys' fees.
The rights and obligations contained herein shall inure to the benefit of and be bindinj;
upon the successors-in-interest, agents, employees, assigns, and transferees of the parties hereto.
IN WTTNESS WHEREOF, tiiis instrument has been executed this day of
, 20
GRANTOR: CfFY OF CARLSBAD
By:
Name
Titie
(Notarial acknowledgment of execution by GRANTOR must be attaciied.)
Approvi
DMel^. Hehtsdhke, G^loKal Counsel
San Diego County Water Authority
By:
Celia A. Brewer, City Attomey Date
Cityof Carlsbad
Page 3 of p
P:VK0303 Desal Produa Water Conveyance WaOO ROWVSOS Real Estate Services\30S.2 Property Acquisition\30S.2-6 City of Caiisbad
(Macario Cyn)\Deed CDP-OOSA Grant of Easenient.doCX
19
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
UNDERGROUND PIPELINE (PIT)
PERMANENT EASEMENT AREA - FARADAY AVENUE
THAT PORTION OF LOT 10 OF CITY OF CARLSBAD TRACT CT 09-03 IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 15902 RECORDED MARCH 4, 2013, AS
DOCUMENT NO. 2013-0139681, MORE PT^TICULARLY DESCRIBED AS FOLLOWS:
COMMBNCING AT FIRST ORDER CONTROL POINT CLSB-052 PER RECORD OF
SURVEY NO. 17271; THENCE NORTH 40*18'53" EAST 5549.10 FEET TO THE
TRUE POINT OF BEGINNING, BEING A POINT ON THE WESTERLY LINE OF
SAID LOT 10, ALSO BEING ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF
FARADAY AVENUE AS SHOWN ON SAID MAP, SAID POINT BEARS SOUTH
17*25'09" EAST 88.73 FEET FROM THE NORTHWESTERLY TERMINUS OF A LINE
WHICH BEARS NORTH 17*25'09" WEST, 259.28 FEET AS SHOWN ON SAID MAP
NO. 15902; THENCE LEAVING SAID WESTERLY LINE SOUTH 64*46'57" EAST
12.71 FEET; THENCE NORTH 72*34'51" EAST, 70.65 FEET; THENCE SOUTH
17*25'09" EAST 80.00 FEET; THENCE SOUTH 72*34'51" WEST, 80.00 FEET
TO A POINT ON SAID WESTERLY LINE; THENCE T^LONG SAID WESTERLY LINE
NORTH 17*25'09" WEST, 88.61 FEET TO THE TRUE POINT OF BEGINNING.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT 'B' AND BY THIS
REFERENCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE
GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID
DISTANCES BY 0.99993832. ALL BEARINGS SHOWN HEREON ARE GRID BASED
UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, NAD-83, EPOCH 1991.35.
SAID PARCEL OF LAND CONTAINS 0.148 ACRE, MORE OR LESS
GARY L. HUS'
LS 7019
DATE
P:V239g.25\SURVEY.BNDRY\SURVEY_DWGU>LATS\Tunnd Esmt\Ugals\Exhibil A - Faraday Ave - Pit (Perm).doc
LEGAL DEsaypvm-
A PORTION OF LOT 10 OF OTY OF
CARLSBAD TRACT CT 09-03, IN THE OTY
OF CARLSBAD, COUNTY OF SAN OeCO,
STATE OF CAUFORNIA, ACCORDING TO MAP
THEREOF NO. 15902 RECORDED MARCH 4,
2013 AS DOCUMENT NO. 2013-0139681.
ASSESSORS PARCEL NO:
212-271-03
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS DRAWING
IS THE HORIZONTAL CONTROL BASED ON THE
CAUamUA COORDINATE SYSTEM ZONE 6,
NAD 83, EPOCH 1991.35, AS DFTERmED
LOCAU.Y BY THE UNE BETWEEN FIRST
ORDER CONTROL POINTS 052 AND 099 PER
RECORD OF SURVEY NO. 17271.
LE N 64V4'13' E
FOUND Z5' BRASS DISC
STAMPED 'CLSB-099 LS 6215'
N 2000609.968 E 625439Z202 ^
MAPPING ANGLE « -00:33*06.128'
CF ^ 0.99993832
CLSB-052
LEGEND:
INDICATES EXISTING PROPERTY L^i'
INDK:ATES POINT OF comENCEmi
INDICATES TRUE POUVf OF BEGINm^G
INDICATES UmRGROUND PIPEUNE
PERMANENT EASEMENT - FARADA
AREA « 0148 ACRE, MORE OR LESS
OWNER:
QTY OF CARLSBAD
1200 CARLSBAD mAGE DRIVE
CARLSBAD, CAUFORNIA 92008
SURVEYOR OF WORK:
PROJECT DESliSN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CAUPORNIA 92101
PHONE: (619) 235-6471
FOUND ZS' BRASS DISC
STAMPED 'CLSB-052 LS 6215'
N 1991146.608 E 6234928.995
ViaNITY MAP
NO SCALE
GARYL HUS,^LS7019 DATE
UNDERQROiND
PIPELINE CP IT)
PERMANEM T
EASEMENT AREA
APPUCANT:
POSEIDON RESOURCES
501 MSTBRQAmY. SIMTE2Q20
SAH Dim CA 92101
PREPARED BY:
PROJECT DESIGN CONSULTANTS
701BSTREET SUITE 800
SAN DIEGO CALIFORNIA 92101
EXHIBIIr
SHEETI OFi
APM. 212-271-
P:\2J9a.2S\;SURVeYJNDRASURVEYjm:\PLATS\nK^ Emt\^J98.2SFamita)iPa(Pmn)Sht0l(hg
n
CARLSBAD TRACT NO. 97--J6A
KELLY RANCH COR£
MAP NO. 14340
MAP
14340
CLS9-0IS2
SCALE 1' « 200'
APPUCANT:
POSEIDON RESOURCES
501 WESTBROAOmY. SUITE 2020
SAN DIEGa CA 92101
PREPARED BY:
PROJECT DESIGN CONSULTANTS
701 B STREET SUITE 800
SAN QECft CAUFORNIA 92101
UNDERGROUND
PIPELINE IP IT)
PERMANE^T
EASEMENT /REA
EIKHIBI r
SHEET20F.^
APJi 212-271-73
LOT 10
MAP 169 d2
SCALE 1' = 40'
APPUCANT:
POSEIDON RESOURCES
SOI WESTBRQAOmY. SUITE 2020
SAN DIEOa CA 92101
PREPARED BY:
PROJECT DESHSN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGa CAUFORNIA 92101
UNDERGROUND
PIPELINE CP IT)
PERMANEMT
EASEMENT /REA
EXHIBllr
•B'
SHEET30F.
APJI 212-271-\XS
Pr\2J»a25\Sl«7(Cr_»l«7rVSUinnijl^ E9mt^»8.25Fanida/>ttfPem)ShH)ldiv
PLEASE RECORD THIS DOCUMENT AT
NO FEE AS rr IS TO THE BENEFrr
OF THIS DISTRICT (GOV. CODE §6103)
RECORDING REQUESTED BY AND
WHEN RECORDED, PLEASE MAIL TO:
San Diego County Water Authority
Engineering Department
4677 Overland Avenue
San Diego, CA 92123
Space above this line for Recorder's use
Assessor's Parcel No. 212-271-03
Project Name & No. Carlsbad Desalination Pipeline, K0303
Water Autiiority Parcel No. CDP-OOS A-TCE
DOCUMENTARY TRANSFER TAX: None
(Gov. Code §6103)
San Diego County Water Authority
William J. Rose
Director of Engineering
GRANT OF
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
The undersigned (Grantor) owns the real property described m Exhibit A, (Property) and
shown in Exhibit "B", attached hereto and made a part hereof by this reference. For valuable
consideration, receipt of which is acknowledged. Grantor grants to the San Diego County Water
Authority (Grantee) a Temporary Construction and Access Easement in, upon, over, under, and
across Grantor's property.
The Grantor grants to Grantee the right during construction of Grantee's Carlsbad
Desalination Pipeline project to use the above described Property for a period of up to 15 months
commencing January 1, 2014 for purposes incidental to the construction of Grantee's Carlsbad
Desalination Pipeline project.
Grantor shall not grant or dedicate any easement or easements on, under, or over the area
without written consent of Grantee.
Grantee shall have the right to erect, maintain, and use gates in all fences which now
cross or which may hereafter cross the area and use a practical route or routes of ingress and
egress thereto and therefrom.
Page 1 of2
P:\K0303 Desal Produa Water Conveyance PL\3(X) ROW\30S Real Estate Services\30S.2 Property Acquisition\30S.2-6 City of Carlsbad
(Macario Cyn)\Deed CDP-OOSA-TCE.doCX
Assessor's Parcel No. 212-271-03
Project Name & No. Carlsbad Desalination Pipeline, K0303
Water Autiiority Parcel No. CDP-005A-TCE
Grantee shall have the right to trim, cut and/or remove trees, foliage and roots upon and
from within the area.
Grantee has the right to deposit tools, implements, and other materials on the area and to
utilize construction, autoihotive, and other equipment thereon when necessary for the purpose of
exercising its rights hereunder.
IN WrrNESS WHEREOF, tiiis instrument has been executed tiiis
.20 I .
day of
GRANTOR: CfTY OF CARLSB AD
By:
Name:
Titie:
(Notarial acknowledgement of execution by Grantor must be attached.)
Approved astpionfi^d l^ality:
, General Counsel
San Diego County Water Authority
Date
By:
Celia A. Brewer, City Attomey
City of Carlsbad
Date
Page 2 of2
P:\K0303 Desal Product Water Conveyance PL\3(X) ROW\3QS Real Estate Services\30S.2 Property Acquisition\30S.2.6 City of Carisbad
(Macario Cyn)\Deed CDP-OOSA-TCE.dOCX
XI
EXHIBIT *A'
LEGAL DESCRIPTION
FOR
UNDERGROXTND PIPELINE (PIT)
TEMPORARY CONSTRUCTION EASEMENT AREA - FARADAY AVENUE
THAT PORTION OF LOT 10 OF CITY OF CARLSBAD TRACT CT 09-03 IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 15902 RECORDED MARCH 4, 2013, AS
DOCUMENT NO. 2013-0139681, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMBNCING AT FIRST ORDER CONTROL POINT CLSB-052 PER RECORD OF
SURVEY NO. 17271; THENCE NORTH 39*44'47" EAST 5584.36 FEET TO THE
TRUE POINT OF BEGINNING, BEING A POINT ON THE WESTERLY LINE OF
SAID LOT 10, ALSO BEING ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF
FARADAY AVENUE AS SHOWN ON SAID MAP, SAID POINT BEARS SOUTH
17*25'09" EAST 23.19 FEET FROM THE NORTHWESTERLY TERMINUS OF A LINE
WHICH BEARS NORTH 17*25'09" WEST, 259.28 FEET AS SHOWN ON SAID MAP
NO. 15902; THENCE LEAVING SAID WESTERLY LINE NORTH 73*06'37" EAST,
205.26 FEET; THENCE SOUTH 16*53'23" EAST 200.00 FEET; THENCE SOUTH
73*06'37" WEST, 203.41 FEET TO A POINT ON SAID WESTERLY LINE;
THENCE ALONG SAID WESTERLY LINE NORTH 17*25'09" WEST, 200.01 FEET
TO THE TRUE POINT OF BEGINNING.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT *B' AND BY THIS
REFERENCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE
GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID
DISTANCES BY 0.99993832. ALL BEARINGS SHOWN HEREON ARE GRID BASED
UPON CALIFORNIA COORDINATE SYSTEM ZONE 6, NAD-83, EPOCH 1991.35.
SAID PARCEL OF LAND CONTAINS 0.938 ACRE, MORE OR LESS
GARY L.
LS 7019
DATE
P:\2398.25\SURVEY_BNDRY\SURVEY_DWG\PLATS\Pipelinc Esmis\Ugals\Exhibit A - Faraday Ave - Pit (Teinp).doc
LEGAL DESCRIPTION:
A PORTION OF LOT 10 OF QTY OF
CARLSBAD TRACT CT 09-03, IN THE C/7Y
OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CAUFORNIA, ACCORDING TO MAP
THEREOF NO. 15902 RECORDED MARCH 4,
2013 AS DOCUMENT NO 2013-0139681.
AS^SSORS PARCEL NO:
212-271-03
BASS OF TARINGS:
THE BASIS OF BEARINGS FOR THIS DRAWING
IS THE HORIZONTAL CONTROL BASED ON THE
CAUFORNIA COORDINATE SYSTEM ZONE 6,
NAD 83, EPOCH 1991.35, AS DETEI^INED
LOCAU.Y BY THE UNE BETWEEN HRST
ORDER CONTROL POINTS 052 AND 099 PER
RECORD OF SURVEY NO 17271.
LE N 64V4'13' E
CLSB-099
FOUND ZSr BRASS DISC
STAMPED 'CLSB-099 LS 6215'
N 2000609.968 E 625439Z202
MAPPING ANGLE « -00'33'06.128'
CF = 0.99993832
LEGEND:
P.O.C.
T.P.O.B.
INDICATES EXISWG PROPERTY UNE
INDICATES POINT OF COMMENCEMENT
INDICATES TRUE POINT OF BEGINNIN G
'PIT) INDICATES UNDERGROUND PIPEUI€
TEMPORARY CONSTRUCVON EASEMEI(IT
- FARADAY AVENUE
AREA ^ 0.938 ACRE, MORE OR LESS
CLSB-052
OWNER:
aTY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CAUFORNIA 92008
SURVEYOR OF WRK:
PROJECT DESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGO, CAUFORNIA 92101
PHONE' (619) 235-6471
FOUND Z5' BRASS DISC
STAMPED 'CLSB-(^2 LS 6215'
N 1991146.608 E 6234928995
VIQNITY MAP
NO SCALE
GARYL LS.7019 DATE
APPUCANT:
POSEH)ON RESOURCES
501 WEST BROADWAY SUITE 2020
SAN DIEGO. CAUFORNIA 92101
PREPARED BY:
PROJECT DESIGN CONSULTANTS
701 B STREET SUITE 800
SAN DIEGa CAUarmA 92101
UNDERGROUND
PIPELINE (PIT)
TEMPORARY
CONSTRUCT! DN
EASEMENT AIIEA
EXHIBIT
•B*
SHEET1 0F2
AP.N. 212-271-0$
P:\23aa.2S\SimVEY..MI»y\SUR)IEYjm\fUJS\Tm^ Emt\;a9ajSF<ntlayPl^mip).dwg
P: \239a.25\SURVEYjmRY\SURy^jm!\f>LATS\TunMl Emt\2J9a.25Fonda}Plt(Tmiip).tlwg