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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