HomeMy WebLinkAbout2013-12-03; Municipal Water District; Resolution 14861 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
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5 WHEREAS, In June 2006 the City of Carisbad (City) entered into a Development
^ Agreement with Poseidon Resources; and
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WHEREAS, Poseidon was required to obtain certain easements for the placement ofthe
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desalination pipeline; and
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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 Carisbad Municipal Water District (CMWD)
condemn an easement on SDG&E property; and
WHEREAS, In October 2009 CMWD acquired a wateriine easement through the
19 condemnation process. This document was filed in the Office of the County Recorder of San
DIego County as document number 2009-00546605 on October 1, 2009; and
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WHEREAS, SDCWA is now partnering with Poseidon to build the desalination project
WHEREAS, SDCWA has requested that CMWD quitclaim said easement; and
NOW, THEREFORE, BE IT RESOLVED by the Carisbad Municipal Water District Board of
25 the City of Carisbad, California, as follows that
1. The above recitations are true and correct.
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2. That the Ciuitclaim 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 Carisbad Municipal
Water District of the City of Carlsbad and the Carisbad City Council on the 3'^^ day of
December 2013, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Board Members Hall, Packard, Wood, Blackburn, Douglas.
None.
None.
Zl
MATT HALL, PRESIDENT
ATTEST:
BARBARA ENGLESON, RETARY