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HomeMy WebLinkAbout2009-09-15; Municipal Water District; 696; Condemnation for the Desalination pipelineCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL 10 AB# MTG. 9/15/09 696 DEPT. ENG. AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS FOR THE DESALINATION WATER PIPELINE IN LOT 7 OF RECORD OF SURVEY 17350 DEPT. HEAD CITY ATTY. CITY MGR. I UK RECOMMENDED ACTION" Adopt Resolution No. 1374 authorizing and directing the condemnation of certain real property interests in the City of Carlsbad, State of California, for the Desalination Pipeline in Lot 7 of Record of Survey (ROS) 17350 and declaring the public necessity thereof. ITEM EXPLANATION: As part of the Carlsbad Seawater Desalination Project, Poseidon Resources (the "Developer") will be constructing the desalination water pipeline across a future extension of Avenida Encinas northerly of Cannon Road. On September 15, 2009, the Housing and Redevelopment Commission approved EIR 03-05(A) and Redevelopment Permit RP 05-12(A), approving the pipeline construction in the location described. In an effort to secure the off-site rights-of-way for the desalination water pipeline, the Developer requires an easement for the desalination water pipeline lying within Parcel 7 of Record of Survey (ROS) No. 17350 (Assessor Parcel Number 210-010-42). This property is owned by San Diego Gas and Electric, a California Corporation. The Developer, and more recently the Carlsbad Municipal Water District, has been in negotiations with the owner/representative of San Diego Gas and Electric. The parties have been unable to secure said easement within the time frame required by the Developer to implement the project. In accordance with Section 3.8 of the Development Agreement between City and Poseidon, if Poseidon is unable to obtain the required easement, the City will acquire the real property interests necessary for the construction of such public improvements. If so requested by Poseidon and upon Poseidon's provision of adequate security for costs the City may reasonably incur, then the City may negotiate the purchase of the necessary real property interests to allow Poseidon to construct the public improvements as required. In accordance with State law, on September 2, 2009 the CMWD gave notice for the September 15, 2009 hearing to the owner of the subject leasehold by regular and certified mail. Pursuant to State law, to proceed with a condemnation action, the CMWD must adopt a Resolution of Necessity. In this regard, the Board must engage in a good faith and judicious consideration of the pros and cons of the issue. Any decision to acquire the subject property rights must be supported by substantial evidence of the existence of the three basic requirements set forth in Code of Civil Procedure section 1240.030. These are: 1. The public interest and necessity require the project. DEPARTMENT CONTACT: City Employee 760-602-2768 CITY bill.plummer@carlsbadca.gov FOR CITY CLERKS USE ONLY BOARD ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 2. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. Adoption of the attached Resolution of Necessity requires not less than a four-fifths (4/5) of all Board members concurring. By law, the Carlsbad Municipal Water District is not required to consider the request of any person to be heard who did not make a written request to be heard on or before September 15, 2009, nor the request of any person not an owner of an interest in the property being condemned. However, it is recommended that an inquiry be made if any property and/or leasehold owners affected by the project are present at the hearing and that those parties are allowed an opportunity to be heard at the adoption of the Resolution. ENVIRONMENTAL IMPACT: On September 15, 2009, the Housing and Redevelopment Commission approved EIR 03-05(A), which is the Addendum to Final Environmental Impact Report 03-05, certified by the Housing and Redevelopment Commission in 2006. An addendum is appropriate for minor, post-approval changes that do not warrant preparation of a supplemental or subsequent EIR. EIR 03-05(A) documents and analyzes changes proposed to the Carlsbad Desalination Project by the Developer, including the realignment of the desalination water pipeline from the Encina Power Station east into Avenida Encinas for which this condemnation is requested. Therefore, the proposed action is consistent with and addressed by the environmental review completed by EIR 03-05(A). FISCAL IMPACT: There are no costs to the Carlsbad Municipal Water District. As required by CMWD ordinance, the Developer of the Desalination Water Pipeline will pay all costs associated with the acquisition. The acquisition of costs will be collected from the Developer in advance of the transaction. EXHIBITS: 1. Location Map 2. Resolution No. 1374 A Resolution of the Board of Directors of Carlsbad Municipal Water District (CMWU), Authorizing and Directing the Condemnation of Certain Real Property Interests Regarding the Desalination Water Pipeline in Lot 7 of Record of Survey 17350. 3. Grant Deed of Public Water Line Easement LOCATION MAP SITE PACIFIC OCEAN AGUA HEDIONDA LAGOON NOT TO SCALE SITE. VICINITY MAP PROJECT NAME CONDEMNATION OF PROPERTY FOR THE DESALINATION WATER PIPELINE IN LOT 7 OF ROS 17350 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 9/03/09 C:\CAPITAL\PLUUUER\AVENIDA ENCiNAS CONDEUNAT10N.DWG 1 RESOLUTION NO. 1374 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF 3 CARLSBAD MUNICIPAL WATER DISTRICT (CMWD), AUTHORIZING AND DIRECTING THE CONDEMNATION OF 4 CERTAIN REAL PROPERTY INTERESTS REGARDING THE DESALINATION WATER PIPELINE IN LOT 7 OF RECORD OF 5 SURVEY 17350. 6 WHEREAS, the portion of real property that is the subject of this Resolution (the "Subject Property") is located in the City of Carlsbad, County of San Diego, State of California is located at 8 the northern terminus of Avenida Encinas in Carlsbad; is a portion of a larger real property that is 9 presently designated as San Diego County Assessor's Parcel Number 210-010-42 and is legally10 ^ described and pictorially depicted on the documents attached hereto as Exhibits "A" and "B" 12 (incorporated herein by this reference); and 13 WHEREAS, the proposed project that is the subject of this Resolution (the "Proposed 14 Project") is the Desalination Water Pipeline Project in Avenida Encinas; and 15 WHEREAS, the interest in property that is the subject of this Resolution (collectively the 16 "Subject Property Interest") is described in Exhibit "C" (incorporated herein by this reference); 18 and 19 WHEREAS, the statutes that authorize the Carlsbad Municipal Water District to acquire pn the Subject Property interest by eminent domain include Article I, Section 19 of the California 21 Constitution, Sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.110, 1240.510 and 22 1240.610 of the California Code of Civil Procedure and Sections 1007, 71693 and 71694 of the 23 California Water Code. 25 NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Directors of the 26 Carlsbad Municipal Water District, not less than four-fifths of all members concurring in regular 07 session assembled on September 15, 2009 that this Board finds and determines each of the 28 following: 1 1. That the above recitations are true and correct. 2 2. That notice of Board's intention to adopt this Resolution of Necessity was duly 3 given as required by Section 1245.235 of the California Code of Civil Procedure and on the date 4 and at the time and placed fixed for hearing, this Board did hear and consider all of the evidenceo Q presented. 7 3. That EIR 03-05(A), the Addendum to EIR 03-05, was approved by the Housing and 0 Redevelopment Commission on September 15, 2009. 9 4. The public interest and necessity require the Proposed Project. 10 ^ 5. The Proposed Project is planned and located in the manner that will be most 12 compatible with the greatest public good and the least private injury. A O 6. That the Subject Property interest is necessary for the Proposed Project. 14 7. The offer required by Section 7267.2 of the Government Code has been made to 15 the owner of record of the Subject Property. 16 17 8. To the extent that the Subject Property is already devoted to a public use, the use 18 of the Proposed Project is a compatible use that will not unreasonably interfere with or impair 19 the continuance of the public use as it presently exists or may reasonably be expected to exist in 20 the future (California Code of Civil Procedure Section 1240.510) or the use of the Proposed 21 Project is a more necessary public use than is the presently existing public use (California Code of 22 23 Civil Procedure Section 1240.610). 24 BE IT FURTHER RESOLVED AND ORDERED that the General Counsel of the Carlsbad 25 Municipal Water District is hereby authorized and empowered: 26 1. To acquire (in the name of the District) the Subject Property Interest by 27 condemnation in accordance with the Constitution and laws relating to eminent domain. 28 2. To prepare and prosecute in the name of the District such proceedings in the 2 proper court having jurisdiction thereof as are necessary for such acquisition. 3 3. To make an application to the court for an order to deposit the probable amount 4 of compensation out of the proper funds under the control of the District into the County 0 g Treasury and for an order permitting the District to take prejudgment possession and use of the 7 Subject Property Interests for the purpose of constructing the Proposed Project. Q 4. To compromise and settle such proceedings if such settlement can be reached 9 and, in that event, to take all necessary actions to complete the acquisition including stipulations 10 as to judgment and other matters and the causing of all payment to be made. 12 13 '" 14 15 16 17 18 19 '" 20 '" 21 '" 22 "' 23 '" 24 "' 25 "' 26 '" 27 '" 28 '" /// 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 Special Meeting of the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on the 15th day of September, 2009, by the following vote to wit: AYES: Board Members Lewis, Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: None ATTEST: RECORDING REQUESTED BY: ] Carlsbad Municipal Water District ] WHEN RECORDED MAIL TO: ] District Secretary ] Carlsbad Municipal Water District ] 1200 Carlsbad Village Drive ] Carlsbad, California 92008 ] MAIL TAX STATEMENTS TO: ] Exempt ] Please record the document at no fee as it is to ] the benefit of the District (Gov. Code 6103) ] Above Space for Recorder's Use Only The undersigned grantor(s) declare(s): Documentary Transfer Tax is $ -0.00- Assessor's Parcel No: [ ] computed on full value of property conveyed, or Project ID: [ ] computed on full value less value of liens and Project Name: encumbrances remaining at time of sale. Related Project ID: [ ] Unincorporated area: (X) City of Carlsbad, and Related Project ID: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. GRANT DEED OF PUBLIC WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (we) San Diego Gas & Electric Company, a California 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 assigns, a public water line easement. Purpose: the public water line easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the purpose of an underground pipeline for the conveyance and transportation of water. 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. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, within the easement. p- 141 P,JT Reserving to Grantor 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 "C" attached hereto and made a part hereof. Location of the Easement: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A." Exhibit "B" is attached for clarity only. Executed by the Grantor this 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 of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument. 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 Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, field 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. ON R B S O U R C f July 29,2009 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Attention: Lisa Hildabrand, City Manager Re: Easement Condemnation Request Dear Ms. Hildabrand: Pursuant to Section 3.8 of that certain Development Agreement ("Development Agreement") by and between the City of Carlsbad (the "City") and Poseidon Resources (Channelside) LLC ("Poseidon"), Poseidon hereby requests the City to use its power of eminent domain to acquire a non-exclusive public utility easement over certain property currently owned by San Diego Gas & Electric Company. The location of such easement is depicted in the attached drawings. In accordance with the Development Agreement, Poseidon hereby agrees to pay all costs associated with the acquisition of such easement and condemnation proceedings. Please let me know if the City has any questions or comments. The City's prompt attention and response to this request is greatly appreciated. Sincerely, Peter MacLaggan Senior Vice President SD\6S8898.2 ll PARCEL 4 FiOS 17360 PARCEL 3 ROS 17350 AT&SF RAILROAD RIGHT-OF-WAY PARCEL 7 ROS 17350 PARCEL 7 CERTIFICATE OP COMPLIANCE RECORDED OCT. SO, 2OO1 FILE NO, 2QO1-O789O68 PARCEL 4 ROS 17350 T.P.O.B. \ PiVI 19380 PRODUCT WATER PIPELINE EASEMENT AREASCALE t = 400 EXHIBIT ' Y-Y 'PREPARED BY: PROJECT DESIGN CONSULTANTS APPLICANT: POSEIDON RESOURCES SHEET 2 OF J A AW. 210-010-42 701 8 STREET SUITE 800BROADWAY SUITE 2020 SAN Oi£CO, CALIFORNIA 92101SAN DIEGO. CALIFORNIA 92m PARCEL 7 PARCEL 4 ROS 17350 PlVI 193 50 PARCEL 5 ROS 17360 PRODUCT WATER PIPELINE EASEMENT AREA EXHIBIT * Y-Y ' SN&T 3 OF J P.« 210-010-42 PREPARED BY: PROJECT DESIGN APPLICANT: POSEIDON RESOURCES 701 8 STREET SVtK 80050) mSf BROADWAY 5P/F 20® SAN DIEGO, CALIFORNIA 92101 13 RECORDING REQUESTED BY: ] Carlsbad Municipal Water District ] WHEN RECORDED MAIL TO: ] District Secretary ] Carlsbad Municipal*Water District ] 1200 Carlsbad Village Drive ] Carlsbad, California 92008 ] MAIL TAX STATEMENTS TO: ] Exempt ] Please record the document at no fee as it is to] the benefit of the District (Gov. Code 6103) ] Above Space for Recorder's Use Only The undersigned grantor(s) declare(s): Documentary Transfer Tax is $ -Q,OQ- Assessor's Parcel No: [ ] computed on full value of property conveyed, or Project ID: [ ] computed on full value less value of liens and Project Name: encumbrances remaining at time of sale. Related Project ID: [ ] Unincorporated area: (X) City of Carlsbad, and Related Project ID: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. GRANT DEED OF PUBLIC WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (we) San Diego Gas & Electric Company, a California corporation, Grantor(s)does hereby grantto 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 assigns, a public water line easement. Purpose: the public water line easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the purpose of an underground pipeline for the conveyance and transportation of water [\ PAGE 1 OF 7'lXHIBIT_A 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. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, within the easement. Reserving to Grantor 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 "C" attached hereto and made a part hereof. Location of the Easement: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A." Exhibit "B" is attached for clarity only. Executed by the Grantor this day of , 20 . GRANTOR: By: (sign here) (print name and title of signatory) By: (sign here) (print name and title of signatory) PAGE 2 OF 7 EXHIBIT 'Y1 LEGAL DESCRIPTION FOR PRODUCT WATER PIPELINE EASEMENT AREA THAT PORTION OF LOT "H" QF RAWCHG AGUA HED1ONDA TN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THERKOF NO. 8X3 A3 DESCRIBED IN CERTIFICATE. OF COMPLIANCE RECOKDRD OCTOB2R 30, 2001, AS DOCUMENT MO, 2001- 0789068, PARCEL 7, MGHE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TiiK MOST SOUTHERLY CORNER OF SAID PARCEL 7, ALSO BEING A POINT ON THE EASTERLY LINK OF THE 100.00 FOOT WIDE RIGHT- OF-WAY OF THE ATCHXSCN TOI'KKA AND SANTA FE RAILROAD, ALSO BEING THE MOST SOUTHWESTERLY CORNER OF PARCEL 7 AS SHOWS* ON RECORD OF SURVKY NO. 17350; THSNCE ALONG SAID EASTERLY LINE, NORTH 22°30'13" WEST, 543.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SA.t ii EASTERLY LINE NORTH 22*30'.13" WF.ST, 69.27 FliET; TKENCF. LEAVING SAID EASTERLY LINE NORTH 67°2S'47" EAST, 60.00 FRET TO A POINT ON THE EASTERLY LINK OF SAID PARCEL 7, ALSO BEING THE WESTERLY LINE OF CANNON COURT, ACCORDING TO MAP THI-'.KF.OF MO. 19380 RECORDED DKCEI-5DER 2, 200.i, AS DOCUMENT NO. 2003-1430564; THENCn ALONG SAID WESTERLY LINE, SOUTH 22°30'13" EAST, 311.SI FBF.T; THENCE LEAVING SAID WESTERLY LIKE NORTH 41*03'13" WEST, 38.61 FEET; THENCE NORTH 35°3l'Ib" WEST, 1-12.74 FEET 7O THE TRUE POINT OS? BEGINNING. ATTACHED HERETO IS A PLAT LABELED EXHIBIT 1Y-Y' AND BY THIS REFERENCE MADE A PART THEREOF. ALL OlSTANCKS SHOWN UKREON ARE GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID DISTANCES BY 0.999963410. ALL BEARINGS .SHOWN HEREON ARK GRID BASED UPON CALIFORNIA COORDINATE SYSTEM ZOME 6, ADJUSTMENT, NAD- 83, ANH EPOCH 1991.33. SAID PARCEL OF LAND CONTAINS 0.2'1 ACRES. MORE OR LESS GARY I.. HUS L.5.-. 701ft EX I'f RAT ION DA1T.6/30/2010 uoao PAGE 3 OF 7 EXHA LEGAL DESCRIPTION: A PORTION OF PARCEL 7 P£R CERTIFICATE OF COMPLIANCE RECORDED OCTOBER Jft 200? AS DOCUMENT NO. 200) -0789068. AND AS SHOW ON RECORD OF SURVEY NO. 17X0. IN THE CITY OF CARLS8AD. COUNTY Of SAN DIEGO. STATE Of CALIfORNIA. ASSESSORS PARCEL NO: 210-010-42 BASIS OF BEARINGS: JHE BASIS Of BEARINGS FOR THIS DRAWING IS THE HORIZONTAL CONTROL BASED ON THE CALIFORNIA COORDINATE SYSTEM ZONE 6, NAD 83, AS DETERMINED LOCALLY BY THE LINE BETWEEN FIRST ORDER CONTROL POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271, I.E. N40W21"W. INDICATES EXISTING PROPERTY LINE INDICATES POINl OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING INDICATES " PRODUCT WATER PIPELINE EASEMENT AREA ~ 0.271 ACRES, MORE OR LESS OWNER: CABRILLO POWER I LLC 4600 CARLSBAD BOULEVARD CARLSBAD. CALIFORNIA 92008 PHONE: (760) 268-40)1 SURVEYOR OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DIEGO. CALIFORNIA 92101 PHONE: (619) 2J5-64?! GARY L. HUS. LS. 7019 REGISTRATION Wf>R£$ 6/JO/20W VICINITY MAP NO SCALE DATE APPLICANT: fQSElDON RESOURCES SOI V£SI BROADWAY SUITE 2020 SAN Dl£CO. CALIFORNIA 92101 PREPARED BY: PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DlECO.CALIFORNIA 92101 PRODUCT WATER PIPELINE EASEMENT AREA EXHIBIT ' Y-Y' SHEET 1 OF 3 APM 2IO-OW-42 PAGE 4 OF 7 EXHBp. Iof3 PAfJCSL 3 , ROB 17350 ' AT&SF RAILROAD RIGHT-OF-WAY PARCSL 7 ROS 17350 PARCEL 7 CERTIFICATEPAFiCSL 4 ROS 17350 COMPLIANCE RECORDED PAFIGBL 5 17350 PRODUCT v WATER PIPELINE EASEMENT AREASCALC 1" = 400 EXHIBIT • Y-V ' SHEEr 2 OF J A.P.N. 210-010-42 APPLICANT: POS&OON RESOURCES PREPARED BY: PROJECT DESIGN CONSULTANTS 70t B STREET SUITE BOOSOt VEST 6ROAOWY SUtft 2020 SAN CH£GO. CALIFORNIA 92101 SAN DIEGO. CALIFORNIA $2101 PAGE 5 OF 7 EXHBp.2of3 li PARCEL 4 ROB 17350 PM -J9380 PARCEL 5 ROS 17350 PRODUCT WATER PIPELINE EASEMENT AREASCALE }" « 100' EXHIBIT Y-Y * SHEET 3 OF 3 AP.N. 210-010-42 APPLICANT: POSOOON RESOURCES PR&AREO BY: PRQJtCT DESIGN CONSULTANTS 701 8 SJRKT SUtK 800Sit WEST BROADWAY SUtfE 2020 SAN DIEGO. CALIFORNIA 92101 SAN DIEGO. CALIFORNIA 92101 t. \swnfr\tjff\16Qf PAGE 6 OF 7 EXHBp.30f3 SUMMARY OF THE BASIS FOR THE AMOUNT ESTABLISHED AS JUST COMPENSATION utccompanvitijs offer made pursuant to Government Code ^ 72ft~.il 4 (he following is a Nummary »>f the basis for the amount that the ('il> ot i arlsbad established as just compensation. \\hkh was derived from nn appraisal as approved by the Citv of Carlsbad, The appraisal vvas made in accordance \villi the accepted appraisal principles, consistent with California valuation law A statement of the appraisal process, which was the basis for the valuation conclusions, follows Parcel No.: Thomas Bros. No.: Ownership Data: Name: Address: Phone: Property Location: Legal Description: Land Area: Improvements: Zoning: Present Use: Highest and Best Use as Vacant: Highest and Best Use as Improved: Interest Being Valued: Effective Date of Value: Value of the Larger Parcel "As-if" Vacant Commercial Land: Value of Proposed Easement Acquisition: TOTAL VALUE OF JUST COMPENSATION: 210-0 KM 2 San Diego tias & I Jectric Co, Ann: Ruth l.ove 8335 Century Park Court. C PI 11) San Diego. CA «>2123 (858)637-3738 Avenida l.ncinas Terminus C arlsbad, CA 92008 See attached legal description 584,140 SI- or 13.41 acres (according to public records) "As-it" vacant see ity pot helical condition "As-if" I-K (I ravel/Recreation Commercial) see hypothetical condition Public utility substation Commercial development "As-if" vacant - see hypothetical condition l-'ee simple and easement August 17. 200<> $23.37(1.000 SI 3.500 S1J.5UO </)& UOGQQ EXHIBIT B Project Description I'he Desalinated Water Pipeline in Avenida iMicinas Project is a project to facilitate the completion of infrastructure needed for the Poseidon Seawater Desalination facility. The project requires a 54" water transmission though the subject property. Hypothetical Conditions The Carlsbad General Plan designates the subject property as "U" (public utilities). According to Gary Barberio. Assistant Planning Director of the City of Carlsbad Planning Department, the. subject would be /oned T-R (Travel/Recreation Commercial) under the general plan absent the current public use. This appraisal implements a hypothetical condition which values the property "as-if' absent the public use and /oned "T-R" under the current General Plan. Extraordinary Assumptions It is assumed that vehicular access across the subject easement will be maintained during the construction period and that the easement rights of others who have rights within the area of the proposed pipeline easement will be unaffected. A portion of the proposed easement acquisition area is paved. This appraisal is conducted under the extraordinary assumption that any paving improvements that are disturbed during the construction process will be replaced in kind. Fair Market Value The California Code of Civil Procedure detiniiion of l-air Market Value is: 1263.320 "1-air Market Value" Defined The lair market value of the property is the highest price on the date of valuation that would be agreed to by a seller, being witling to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. The fair market value of properly being taken for which there is no relevant market is its value on the date of valuation as determined by any method that is just and equitable. Source: California Code of Civil Procedures. Title 7 Imminent Domain Law, Chapter *>. Compensation. Article 4, paragraph 1263.320. COOUC CDC o?/' Highest and Best Use ///#/;i'.v/ itmt fia-t I At' is defined as the reasonably probable and legal use;of land thai is legally permissible, physically possible, and financially feasible resulting in the highest value. Highest and Best l:se analysis is used in the appraisal process to identify comparable properties and. where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. The results of the I Hghcsl and Best I so analysis are: Present lise - Public I ;tilitics Substation ,m Applicable Zoning - "As-if" T-R (Travel Recreation Commercial) Highest and Best Use as if Vacant - Commercial development Highest and Best Use as Improved - "As-if" vacant Method of Calculation of Value There are three conventional methods that can he used to estimate value of real property. These are the sales comparison approach, the cost approach, and the income approach. The sales comparison approach was considered to be the most applicable method to estimate the value of the subject as vacant commercial property as there was adequate data to reflect-market behavior for properties of this type. The income approach was not developed because there is no income history for the subject because of the current use as a public utilities substation. The cost approach is not applicable to this appraisal because this approach has tittle relevancy to vacant land. Sales Comparison Approach ~ Value of the Larger Parcel When using the sales comparison approach, the appraiser determines the fair market value of the subject by comparing the sales price of recent transactions involving similar properties. Six comparables that have similar characteristics have been utilized in the sales comparison approach (see attached data sheets). After a thorough analysis, the appraiser reconciled to a value estimate of S40.00/SF for the subject as vacant commercial property. The value of the larger parcel is calculated below: 584,140 SF X S40.00/SF = 523,365,600 say, 823,370,000 (rounded) Based on the appraiser's analysis, we have reconciled to a commercial land value of the larger parcel of 523,370,000, as of August 17. 2009 and subject to the Limiting Conditions and Assumptions of this appraisal. f Description of the Proposed Water Pipeline Easement Acquisition As shown in the acquisition sketch included in the summary report addenda, the City of C'arlsbad is seeking to acquire ^ 0.271 acre ill.SO? SI'') water pipeline easement located within the subject's flagpole panhandle portion of the site. As depicted in the map of plotted easements included in the summary report addenda, the area to be acquired is already encumbered by the following casements: • An easement for pedestrian access affects the entire width of the flagpole area and proposed ^ acquisition area. " • An easement for gas/pipeline not to exceed 12.?" in diameter is located along the westerly portion of the proposed acquisition area. • An casement granted to San Diego Gas & Klectrie Company (owner) runs across the southerly portion of the proposed acquisition area. • A 10-foot wide casement for water and pipeline purposes runs across the northerly portion of the proposed acquisition area. • An unrecorded license, granted to Pacific Telephone & Telegraph Company dated August 5. 1057. affects the westerly six feet of the proposed acquisition area. • A sewer easement affects the westerly 14 feet of the proposed acquisition area. • An easement for water main affects an area along the easterly portion of the proposed acquisition area. • A drainage easement runs across the southerly portion of the proposed acquisition area. • Although not plotted, there is an easement over the northerly portion of the flagpole/panhandle area in favor of the properly adjacent to the east for ingress, egress, underground utilities, irrigation and vehicular parking. This area largely coincides with the Avenida l-ncinus roadway. The City of Carlsbad does not appear to have any rights in this area. The Grant Deed Draft of the appraised easement is included in the report addenda. This document states the purpose of the easement is for "...the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the purpose of an underground pipeline for the conveyance and transportation of water. 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." Additionally, the easement document slates: "... no buildings and or structures will be erected, walls constructed, fences built nor trees planted, within the easement." The grantor retains the "unrestrained right of ingress and egress, including vehicular access, to. from, along and within the Kasemem Area by a practical route or routes in. upon, over and across the Property to access the real property owned by Grantor..." CQO The subject properly is a "Hag" lot. The portion of the propetu impacted by tlic proposed easement is entirely located in the flay pole portion of the property. In valuing the larger parcel a unitary value has hceijiippraised. An alternative methodology using /ones of value could have been utili/.ed \\hieh in some ways would present a more accurate picture of the pole portion of this property However, that methodology suffers from a laek of comparable sales The pole portion of the subject property has no independent development potential The proposed acquisition area is already encumbered by several easements as outlined in the "Property Description" section of this report. The flagpole panhandle area of the subject is not suitable lor development due to its long narrow shape. This area is currently utilized for access * only and this access will be maintained as part of the acquisition. There are no other practical uses of this area for the property owner. Additionally, the fact that the entire Hag panhandle portion of the subject property is encumbered by several easements further inhibits property rights of the owner. According to the appraiser's calculations, roughly u.945 SF of the proposed acquisition area are encumbered by the pedestrian access'recreation easement and public utility and access casement. Approximately 1,860 square feet within the proposed acquisition area are additionally impacted by water gas. pipeline, sewer and water main easements. Because the proposed easement has virtually no additional burden. The appraiser has estimated the additional burden of the pipeline easement within the 9.045 SF encumbered by the pedestrian access recreation easement is 3%. The proposed easement area with the additional 1.860 SF that are further encumbered by the water pipeline, gas pipeline, sewer easement and water main easements is estimated to have an additional burden of 2%. To calculate the value of the proposed acquisition, first the value per square loot of land is multiplied by 9.945 SF area encumbered only by the pedestrian access recreation easement: S40.00/SF X 9,945 SF = 5397,800 Then, this value is multiplied by 3% to arrive at the value of the proposed water pipeline easement within the area encumbered by the pedestrian access recreation easement only • _ B^^ 5397,800 X 3% = $11,934 -^ j£ffluThen, the value per square foot of land is multiplied by the 1.860 SF area encumbered by the ^^^^ additional water, gas and sewer easements; S40.00/SF X 1,860 SF - $74,400 Then, this value is multiplied by 2% to arrive at the value of the proposed acquisition within the area encumbered by the additional water, gas and sewer easements: 874,400X2% = SI,488 The sum of these two areas derives the total value of the proposed casement acquisition SI 1.934 + SK488 = 513,422 say. SI3.500 (rounded) Improvements - Paving A portion of the proposed easement acquisition area is paved. This appraisal is conducted under the extraordinary assumption that any paving improvements thai are disturbed during the construction process will be replaced in kind Consideration of Severance Damage and Benefits In addition to concluding an amount of just compensation, the appraiser has determined whether or not there were damages or benefits lo the remainder of the subject property in the after condition. The basis tor this determination is whether or not the remaining piece of the property has been diminished in value by the right required lot the project. This is called severance damages. I!'there has been some severance damage, that damage may be offset by any increase in value to the remaining portion as a result of the taking and construction in the manner proposed. That increase is called a benefit. If there are no severance damages, then no benefit needs to be considered, because benefits can only be offset against severance damages under California Law In the after condition, the subject property's site si/e remains the same and the nature of the proposed easement acquisition does not diminish the existing use. There is no difference between the highest and best use in the before condition and the highest and best use in the after condition. The property owner is compensated for property rights taken. The appraiser bus determined that there is no severance damage. Because there is no severance damage benefits have not been considered. * RECOMMENDED COMPENSATION: $13,500 C0& coo PROPOSED ACQUISITION SKETCHES LEGAL DESCRIPTION: A POSfiCtt C? PARCtL 7 P£tf C£RtiflCA!i 0* COUPUAHCt KCCGftOW OCICSZK 30, 200! ASOQCVUEN1 KO 2001 -07BSCe8. AW AS $*OWi</.V SECOKO Of &W r UO. M50. W to£ CiT?OF CARLS9A&. COWTr Of SAW OSGO. SWfCF ASSESSORS PARCEL NO: 210-OiQ-W LEG6ND: P.O.C. . T.P.O.B.- POW/ er couuencsu£nt 1RUE fOlfil O? KQHMNG BASIS OF BEARINGS: IH£ BASIS Of B£WH6$ FOR JmSIS TH£ HOWCNfAt. CQH1R CQOHQlNAK SYS1M ZCH£ 6, NAD $3,THE tine BEriffCM FIRST QKQER CQMKCL057 AM W era fff COW Of SURVEY HO tK7t. CA3ff/itO CARIS9AO. CAltTQSNM PHOffc (760) 92008 PRCMCT (MUfff Wtl'flE ARfA = 0.27) ACS£S. MSRf 0» tfSS VICINITY MAPM HO SCfiti SURVEYOR Or WORK: Pflt>j£CT CESiCH76t 8 S1KKI SUiK 800SAN DIEGO. CALIFORNIA aaot WS. \mtPAKO sr PQSSIOCH ff( SOuSCfS !9> Hfyi 8HQtQ*tr Siittf 1010swotec&j DESIGN COHSVttANTS PRODUCT WATER PIPELINE EASEMENT AREA rot a STRffT stftK aso • Y-Y» SHie r i OF j SAH DifCO. ^ r ;:0ii •-?•?>,{;() \ \ \ \ f'Art'1-21 4 \ \ \ ••:,-.<;. ,v,-.:f. \;.w,,, ), -/>'- \ APPVCANt: POSflBON R£$OltKC£S |>«r">wfo i set swe iot SM&iGQ. CflftStfttA 9ttOI ;ci a smer sw/r aoo PRODUCT WATER PIPELINEEASEMENT AREA EXHIBIT ' Y-Y • SHEST2& 3 SAH OfCO,92IOt IUO COO uo PRODUCT WATER PIPEUNE j SCAlf 1 « 100' ^'"^" \ APPUCAtH: P03&OOM RESOURCESMI HtsTSMAOwr am ms SM CISCO. CALIFORNIA 92101 W&>AR£D BY. PRQJcCt DSSWI CQHStll TANK w e 5wsf r sutie soo SAN C:fOO. CA4.lfO/KtlA $2>01 \ E/ ij USEMENT AF EXHIBIT • Y-Y ' SMrr 3 OF 3 AP,V 210-0'C-'! RECORDING REQUESTED BY: ] Carlsbad Municipal Water District ] WHEN RECORDED MAIL TO: } District Secretary } Carlsbad Municipal Water District ] 1200 Carlsbad Village Drive ) Carlsbad, California 92008 ] MAUL TAX STATEMENTS TO: ] Exempt ] Please record the document at no Tee as it is to} the benefit of the District (Gov. Code 6103) ] Above Space fo» Rtconhtf'* U»» Only The undersigned grantor(s) decfare(s): Documentary Transfer Tax is s -0.0&- Assessor's Parcel No: [ 1 computed on full value of property conveyed, or Project ID [ ] computed on fott value toss value of liens and project Name _encumbrances remaining at time of sale. Related Project ID:I ] Unincotporated area; (X) City of Carlsbad, and Related Project ID. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged GRANT DEED OF PUBLIC WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, 1 (we) San Otego Gas & Electric Company, a California 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 assigns, a public water line easement Purpose: the public water line easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the purpose of an underground pipeline for the conveyance and transportation of water. 1 10 The use shall also include a means of access to and from said facility 4 for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, within the easement. Reserving to Grantor 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 "C" attached hereto and made a part hereof. Location of the Easement: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A." Exhibit "B" is attached for clarity only. Executed by the Grantor this day of . 20 . GRANTOR: By: (sign here) (print name and title of signatory) By: (sign here) (print name and title of signatory) 1) LK<;AL DESCRIPTION - PROPOSED ACOUSITION EXHIBIT -V t,2CM. DESCRI3TIOK FOR PRODUCT WATER PIKELIKE EASEMENT A3£& COMMENCING A; TJ.K KO-j'!1 fr'/JTJ'.^SLV ^ORKSk :>t SAit .o:;;. SAIL1 i-.w?n;itiv I.IMV, KOS?J* ? ut IROE POINT op ;SJ-: ".A'TKft! y t.-fih of ^Al& rwiC.KJ. T rA>:«o.'; rotj?.". /vcrroxuisu ",') r;A;; f *, .i«^f. A:.: IXf.XMKJlT KO . ^ti J.>- _•'. ;' i.iiCv, •:,nv,;;\ .<',>*••.(:' i .{" i-^:,T; . i-J>:f;vi,(ir v ! JM?: NOBTi-. 4 1*1'' .'•;.'" '<•!.«•,. ••'V-fTr •-••;LM^!-: '-Jl ! ?OIt!t OF 3EGIITOIHG. M:7l:-.'»MO"./; EY :;. •J' i;73 <;.K :;t.r ftl.i. HKA»<-:KC;- •ir:< UuVJX rli'.Ri' ;•;,!• ..!•:;. ••;•!•• I.AHL- VXNVAI uoMO 12 ^ MAP OF PLOTTED EASEMENTS ESHT. FOR PO> ACCESS. PURPOSES «6 « K. #7«. PC. Ii2 2 P« 19580 2003-1*30564 12-02-2003 C.O.C. 8001-0789072 ROS 17350 2002-0308512 04-12-2002 PAR J UK F/P J&U47 «-W-l»72 OA MMCATES AREA TO BE ntAKSTERKD AREA « 42,480 If OR 0.9TS AC. ISf SOS 14418, OTT OF CMU8AO MC&ISM AM> JW-9 SOCEULE 8 ITEMS PER CHCACO H7U GOUPAMY AMMO PROMMAW REPORT ORKR NO. 9JOQ1S3t7. OATCD JU.Y 30, 2009. ESUT. FOR GAS PVBMC NOTTO txcno 12 •*!* w CWJCTEB REC. H 8K. 147. PC. 151 7-2t-t$J2 OA N SKC £S«T «C MPC. 85, 10-M-I«4« OA IDT £9MT. tot WATER F«>njNE REG.N ac. «7u POL MI. oi-»-)»» <xa IMKOORKD UOXSe w/ COtTAH TOMIS. 09VDUNTS * PBW90HS UCtWOtsoe*e / uzNSEE; CMM; mtmoK k mtOUfH COHPWT DKIQ> MWUST S. 1»7 PVBOC SHEET KO PKR «ST. «2a«2. 4-7-I4J* OA SCKR BUT. REC AS 1ST IJM8S. $-t4-tM4 OA can, FOR mot UMH DECAS KST. 12165*. 7-13-1970 Oft. EAsacn we AS HST. 200J-U1IM1, tl-»-20CJ O.R. pyeoc unurr AMI ACCESS CASEICMT <NDI A PORTKHor ASOOA O**ASPER PER Pit 19380 IMS PUT MS PREPAKO) 8T« OR UMKR MYWHECWH H COWWWCE «TM THE LAWJ 9UR\€Y(*S ACT OK AUGUST 12. 2flO». EXHIBIT "B :nvf * SNruv SAN DIEGO GAS 8c ELECTRIC SAN WEGO. CANNON SUBS - PANHANDLE CANNON ROAD CARLSBAD OBQHATM DRAW 8T:Na.lt/AIH* 12-00-08 R/WOK: DATE: PROUECT NO. COKSTTSO S220000 OAAWINC MO NO,SUPPUUENTS QATE-APP'O ARW UPMTEO £AS£U£NTS PER 2n<j AMHENOCO TTTU REPORT t-12-W H \50a\B08094i\50eW»\SO«»«9-SOeOM9.0»(G St BJF.CT Lt:<;AL DKSC'RIPT1ON Parcel ? of Certificate of Compliance recorded October .U). 20d 1 as Hie No. 2001-0780072 of Official Records Hied in ihe Qftko1»f satii ( oti»t% Roconlcr. uo 14 MARKET DATA - COMMERCIAL LAM) SALES Comparable 1 (00. uo transaction Property Type Address City State ZIP Grantor Grantee APN: Land - Commercial 127 N Las Posas Road San Marcos CA 92069 City of San Maicos Palmetto Hospitality 219-163-56 Date Price Price Per Land SF Financing Property Rights Days on Market Conditions of Sale Verification Source 7/31/08 S3.920.500 S39S2 Cash Fee simple Unknown None CoSiar Camps public records Char!* Schalfer <; Director of Development Services, selie' contact) Land Land SF Road Frontage View Shape Condition 98.406 377' on N Las Posas Rd Excellent freeway visibility Average Irregular Rough graded Topography Zoning Flood Zone Average Daily Traffic Access Level C (Commercial) -20% within 100-yr plain 9.300 on N Las Posas. 122 700 on SR-78 Corner Improvements Improvements Entitlements Vacant lot None Utilities Frontage Improvements AH available CurO gutter sidewalk Notes The site was owned by the City as excess right-of-way and the Director of Development Services confirmed that no assistance was provided by the City and there were no conditions o? sale The buyer intends on constructing a hotel The site has excellent freeway visibility as it abuts Highway 78 15 Comparable 2 0)0, UIQ Transaction Property Type Address City Stato Zip Grantor Grantee APN: Land - Commercial SWCS MelroseOr & Park Center Dr Vista CA 92081 Franz-Meirose LtC Aba-Vista LlC 219-541-11 Date Price Price Par Land SF Financing Property Rights Days on Market Conditions of Sate Verification Source 5/15/08 34540000 S3029 Cash Fee Simple Unxnown None CoStarComps public records Wiiham Ttiaxtori (listing broken Land Land SF Road Frontage View Shape Condition 149846 546 on Part! Center DC 710 on S Melrose OF Average Irregular rectangle Rough graded Topography Zoning Flood Zone Average Daily Traffic Access Level V8PSP • Use C {General Commercial) None 33.900 on S Melrose Dr Corner improvements Improvements Entitlements Vacant land None Utilities Frontage Improvements All available Curb gutter sidewalk Notes The Viata Business Park Specific Plan (Use Ct allows for general commercial as well as office professional activities. The buyer plans to build a note) on the land and no approvals or permits were included with sale An easement was created prior to sale because the sewer owned land to the south ana needed access to that parcel The broker stated that this was a minor issue and did not affect the sales price Tne Specific Plan does not specify maximum allowable FAR, the appraiser has estimated the maximum allowable building square footage based on the maximum coverage and height requirements detailed in the Specific Plan r Comparable 3 •!. ,-"I 'K uotoo Transaction Property Type Address City State Zip Grantor Grantee APN. Land - Commercial Melrose Drive @ Sycamore Avenue Vista CA 92083 Mitsui Family Ltd Partnership Premier Msirose I LLC 219-010-40 Date Price Price Par Land SF Financing Property Rights Days on Market Conditions of Sate Verification Source S5 547 500 S2502 Conventional Fee simple Unknown None CoStar Camps public records, Mitch Auio (buyer s agent) Land Land SF Road Frontage View Shape Condition 221720 Topography 762 on Melrose Drive 242 on Zoning Sycamore Ave Average Flood 2<?ne kregutar Average Daily Traffic Rough graded Access Level BPSP - C-2 (Commercial) None 23,000 on Melrose Dr. 13.400 on Sycamore Ave Corner improvements Improvement* Entitlements Vacant tot None Utilities Frontage Improvements All available Curo. gutter Notes The buyer agent confirmed there were no unusual conditions of sale Tne buyer intended on developing Ihe property with twenty commercial condominiums The site was rough graded with curbs, however the buyer needed to install sidewalks 17 Comparable 4 (00. UOcoo Transaction Property Type Address City State Zip Grantor Grantee Land • Commercial Date 1 0055 Mission Gorge Road Price Santee Price Per Land SF CA Financing 92071 Property Rights Taroberiy Associates LlC Days on Market Marcia J Lee Revocable Trust Conditions of Sate 7/31/07 $1. 934.000 S2400 Seller-typical Fee Simple Unknown None ARM:384-043-01 & 384-030-42 4J Verification Source CoSlar Comps MLS Neil Frumpkin (SSiiefj Land Land SF Road Frontage View Shape Condition 80586 170 on Mission Gorge Road Average U-shape Raw Topography Zoning Flood Zone Average Dally Traffic Access Level GC (General commercial) None 38800 Inside improvements Improvements Entitlements Vacant land None Utilities Frontage Improvements All available Curb gutter sidewalks Notes The buyer plans on constructing a bar/restaurant The seller provided short-term financing of $500 000 which was due 5 months after the sale occurred Neil Frumpkm (SUUao confirmed that tn« arrangement did not affect the sale price I8 Comparable S uotoo Transaction Property Type Address City State Zip Grantor Grantee APN: Land - Commercial NWC Melrose Drive & Sycamore Avenue Vista CA 92083 Liberty Family Partnership TMacSt Meirose LLC 219-010-83 84.68.69 Date Price Price Per Land SF Financing Property Rights Days on Market Conditions of Sate Verification Source 7O1/07 S3 966 000 $2434 Conventional Fee simple UnKncwn None Public records Terry tathrum (buyer; Land LandSF Road Frontage View . Shape 162914 Topography 335 on South Melrose Drive Zoning 118 on Sycamore Avenue Average Irregular L-shape Flood Zone Average Daily Traffic Mostly level SP24 "C-1" (Commercial) None 18,400 on Melrose Or 13.400 Condition Raw Access on Sycamore Ave Corner Improvements Improvements Entitlements Vacant land None Utilities Frontage Improvements Alt available None Notes The buyer intends on constructing a hotel and 20.000 SF of retail space This was an arms-length transaction and there were no unusual conditions of sate Tne sue did not have frontage improvements and was m completely raw condition Comparable 6 cotuo CQO Transaction Property Type Address City State Zip Grantor Grantee APN: Land - Commercial Jefferson Street © Marror, Roaa Oceanside CA 92054 Hughes North County Associates II Cat Jems Trust 135.120-56 Date Price Price Per Land SF Financing Property Rights Days on Market Conditions of Sale Verification Source 2/7/07 35918600 SU.64 Sailor-typical Fee simple 200 None CoStar Comps puotic records Bruce Scniff (brokers Land Land SF Road Frontage View Shape Condition 404236 200 on Jefferson Street 1 150 on Hwy 78 (no access) Average'Freeway Irregular Raw Topography Zoning Flood Zone Average Daily Traffic Access Mostly level CS-HO (Special Commercial- Highway Oriented) -10% within 100-year plam 22.000 on Jefferson Street. 143,450 on SR-78 Corner Improvements Improvements Entitlements Vacant land None Utilities Frontage Improvements Some extension required None (see notes) Notes The "Special Commercial - Highway Oriented' designation allows for uses such as retail, service, restaurants and office/professional The site has excellent visibility from Highway 78 Portions of the site ate not usable as they are wetlands associated with the Buena Vista Lagoon The usable site size is utilized tn this analysis Access to this site will be obtained via two bridges one that will connect to the shopping center to the south and a second that will connect Plaza Cammo Real Site development costs anticipated by the buyer are S15 00 per square foot The sailer has earned $3.000.000 of the purchase price for a period of six months: the broker reports that the property was listed at $15 00 per square foot and that the purchase price was not influenced by the seller financing 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 Carlsbad, County of San Diego, State of California, according to Partition Map thereof No. 823, field 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. EXHC SEP 1 5 2009 'OF CARLSBAD September IScfiflQflERK'SOFFICE EMORANDUM TO:MAYOR AND CITY COUNCIL FOR THE INFORMATION OF THE CITY COUNCIL <\ DATE CITY ATTORNEY FROM:CITY ATTORNEY RE: ITEM # 10 CARLSBAD MUNICIPAL WATER DISTRICT - AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS FOR THE DESALINATION WATER PIPELINE IN LOT 7 OF RECORD OF SURVEY 17350 Please include as part of the record the letter notifying SDG&E of the condemnation hearing to acquire certain real property interests in its property located across the future extension of Avendia Encinas northerly of Cannon Road. A copy of that letter is attached for your information. Please move Item #10 to follow Item #12 after consideration of the certification of the addendum to Environmental Impact Report EIR 03-05(A). Should you have any questions regarding the above, please do not hesitate to contact me. RONALD R. BALL City Attorney rn c: City Manager Planning Director Senior Planner, Scott Donnell ASARO KEAGY FREELAND <& MCKINUEY STEVEN A. MCKINLEY* CHARLES F. CAMPBELL 'ALSO ADMITTED I H NEVADA ATTORNEYS AT LAW FOURTH FLOOR 3I7O FOURTH AVENUE SAN DICGO. CALIFORNIA 92FO3 TELEPHONE (€18) 2S7-3I7O FACSIMILE (SIS) 299-4266 OR (SIS) FRANK L. ASARO OF COUNSEL: ROSCOC D. KEAOY RICHARD R. FREELAND KAREN O. McKlNUEY NOTICE OF PUBLIC HEARING TO ADOPT A RESOLUTION OF NECESSITY September 2,2009 Ms. Ruth B. Love Principal Real Estate Advisor San Diego Gas & Electric Company 8335 Century Park Court, CP 1 ID San Diego, CA 92123-1569 Re: Desalinated Water Pipeline in Avenida Encinas Project Dear Ms. Love: Due to project schedules, it is necessary to resolve this matter as quickly as possible in the manner which is fair and equitable to both parties. The Superior Court of the County of San Diego provides an impartial forum to hear both sides of a controversy and to render decisions to resolve our differences which, in this case, involve an opinion of value. The procedure is called "condemnation" or "the power of eminent domain." It is the recommendation of our firm that condemnation proceedings be instituted to settle our controversy. The Carlsbad Municipal Water District will hold a public hearing on September 15, 2009, at 6:00 p.m. or as soon thereafter as the matter may be heard at the City Council Chambers located at 1200 Carlsbad Village Drive, Carlsbad, California. It is the intent of the District to consider at that time the adoption of a Resolution of Necessity to authorize the condemnation of an easement interest in SDG&E's property for the Desalinated Water Pipeline in Avenida Encinas Project. Pursuant to California Code of Civil Procedure Section 1245.235, each person whose property interests are to be acquired by eminent domain has the right to appear and be heard at the hearing. The Carlsbad Municipal Water District will determine whether (a) the public interest and necessity require the project; (b) the project is planned or located hi the manner that will be the most compatible with the greatest public good and the lease private injury; and (c) the property sought to be acquired is necessary for the project. Asaro Keagy Freeland & McKMey September 2, 2009 Page-2- If you wish to speak either for or against the issues which are outlined above, you must file a written request within fifteen (15) days from the date of this letter or at least one (1) day prior to the hearing date set forth herein. Failure to file a written request to appear and be heard in the office of the Clerk of the Carlsbad Municipal Water District within the time frame as set ^ forth above will result in waiver of the right to appear and be heard at the aforementioned hearing. Your written request should be addressed to the following: Clerk Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Desalinated Water Pipeline in Avenida Encinas Project September 15,2009 Hearing Date Please feel free to call us should you have any questions. Very truly yours, ASARO KEAGY FREELAND & McKINLEY Richard R. Freeland, Esq. RRFyat cc: Ronald Ball, Esq. C. Larry Davis, Esq. Steven Levine, Esq. Carlos Banuelos, Esq. Jim Seifert October 5, 2009 TO: CITY CLERK FROM: CITY ATTORNEY RE: DESALINATED WATER PIPELINE IN AVENIDA ENCINAS PROJECT Attached please find the conformed Stipulation for Judgment, Stipulated Judgment and Final Order of Condemnation in the above project. Please make these documents part of your permanent record in this matter. The original documents are on file with the court. Please contact me should you have any questions. I appreciate your cooperation in this matter. RONALD R. BALL City Attorney rn/Enclosure t 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 EXEMPT FROM FILING FEES PER GOVT. CODE §61p3 f L Ctertofth ""Pelfocr-i '( B •)ANNICOUS SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO NORTH COUNTY BRANCH CARLSBAD MUNICIPAL WATER ) CASE NO.: 37-2009-00059864-CU-EI-NC DISTRICT, ) Honorable William Dato Plaintiff, ) FINAL ORDER IN CONDEMNATION v. ) PORTIONS OF ASSESSOR PARCEL ) NO.: 210-010-42 SAN DIEGO GAS AND ELECTRIC ) COMPANY, A California corporation; ) Dept: N-3 1 All Persons Unknown Claiming an Interest in ) the Property Described in the Complaint; ) and DOES 1 through 100, inclusive, ) Defendants. ) Plaintiff Carlsbad Municipal Water District, and Defendant San Diego Gas and Electric Company, a California corporation, having previously stipulated to a Final 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 for the 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") 1 FINAL ORDER IN CONDEMNATION E 0r Court 9 Deputy 1 is hereby condemned to the District for the construction and operation of the Desalinated Water 2 Pipeline in Avenida Encinas Project, and for public uses. 3 2. The use for which the Property is sought to be condemned is for the Project, and for 4 public uses. 5 3. San Diego Gas and Electric Company has been paid the sum of Thirteen Thousand 6 Five Hundred Dollars and No/100 ($13,500.00), as full payment of just compensation pursuant to 7 the judgment. 8 4. A certified copy of this Final Order of Condemnation shall be recorded in the Office 9 of the County Recorder of the County of San Diego, State of California, and thereupon the easement 10 in the Property shall vest in the District. 11 IT IS SO ORDERED. 12 13 Dated: VJU IM wv* 2009012009 —- WILLIAM 3. DATO JUDGE OF THE SUPERIOR COURT 14 " 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL ORDER IN CONDEMNATION EXHIBIT A r RECORDING REQUESTED BY: ] Carlsbad Municipal Water District ] WHEN RECORDED MAIL TO: ] District Secretary ] Carlsbad Municipal Water District ] 1200 Carlsbad Village Drive ] Carlsbad, California 92008 ] MAIL TAX STATEMENTS TO: ] Exempt ] Please record the document at no fee as it is to] the benefit of the District (Gov. Code 6103) ] Above Space for Recorder's Use Only The undersigned grantor(s) declare(s): Documentary Transfer Tax is $ -0.00- Assessor's Parcel No: { ] computed on full value of property conveyed, or Project ID: [ ] computed on full value less value of liens and Project Name: encumbrances remaining at time of sale. Related Project ID: [ ] Unincorporated area: (X) City of Carlsbad, and Related Project ID: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. GRANT DEED OF PUBLIC WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (we) San Diego Gas & Electric Company, a California 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 assigns, a public water line easement. Purpose: the public water line easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the purpose of an underground pipeline for the conveyance and transportation of water. 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. 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 facilities shall not be incompatible with the Carlsbad Municipal Water District'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 rearrangement, 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 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 "C" attached hereto and made a part hereof. Location of the Easement: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A." Exhibit "B" is attached for clarity only. Executed by the Grantor this 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 of the Board President, or any Vice-President and secretary any assistant secretary, the Chief Financial Officer, or any assistant treasurer must «:!onfn corporations If on.y one officer signs, the corporation m^JK^£n2SllW Seal -ari ' to attach a statement EXHIBIT "A" LEGAL DESCRIPTION FOR PRODUCT WATER PIPELINE EASEMENT AREA THAT PORTION OF PARCEL 7 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789072, AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL 7, ALSO BEING A POINT ON THE EASTERLY LINE OF THE 100.00 FOOT WIDE RIGHT- OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG THE COMMON LINE BEWTWEEN SAID EASTERLY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD AND THE SOUTHWESTERLY LINE OF SAID PARCEL 7, NORTH 22°30'13" WEST, 543.59 FEET TO THE TRUE POINT OP BEGINNING; THENCE CONTINUING ALONG SAID COMMON LINE, NORTH 22°30'13" WEST, 69.27 FEET; THENCE LEAVING SAID COMMON LINE, NORTH 67°29'47" EAST, 60.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID PARCEL 7, ALSO BEING A POINT ON THE WESTERLY LINE OF PARCEL MAP NO. 19380 RECORDED DECEMBER 2, 2003, AS DOCUMENT NO. 2003-1430564; THENCE ALONG THE COMMON LINE BETWEEN SAID NORTHEASTERLY LINE OF PARCEL 7 AND SAID WESTERLY LINE OF PARCEL MAP NO. 19380, SOUTH 22°30'13". EAST (NORTH 22°30'12" WEST RECORD PER SAID PARCEL MAP NO, 19380), 311.61 FEET; THENCE LEAVING SAID COMMON LINE NORTH 41°03'13" WEST, 38.61 FEET; THENCE NORTH 35°31'15" WEST, 142.74 FEET; THENCE NORTH 35°38'41" WEST, 68.45 FEET TO THE TRUE POINT OF BEGINNING. ATTACHED HERETO IS A PLAT LABELED EXHIBIT >Y-Y' AND BY THIS REFERENCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE 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, ADJUSTMENT, NAD- 83, AND EPOCH 1991.35. SAID PARCEL OF LAND CONTAINS 0.271 ACRES, MORE OR LESS GARY L>fl*JS DATE L.S. 7019 EXPIRATION DATE 6/30/2010 T:\SUKVEY\2398\2009-07-13 - Plats\Legals\Exhibit Y-Y-Product Water Pipeline.doc EXH. "A" TO GRANT DEED P. 1 OF 1 LEGAL DESCRIPTION: A PORTION OF PARCEL 7 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789072. AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ASSESSORS PARCEL NO: 210-010-42 LEGEND: P.O.C. T.P.O.B. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS DRAWING IS THE HORIZONTAL CONTROL BASED ON THE CALIFORNIA COORDINATE SYSTEM ZONE 6, NAD 83. AS DETERMINED LOCALLY BY THE LINE BETWEEN FIRST ORDER CONTROL POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271, /.£ N40'39'21'W. INDICATES EXISTING PROPERTY LINE INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING INDICATES PRODUCT WATER PIPELINE EASEMENT AREA = 0.271 ACRES, MORE OR LESS OWNER: SAN DIEGO GAS A ELECTRIC EXECUTIVE OFFICES 8326 CENTURY PARK COURT SAN DIEGO, CALIFORNIA 92123-4150 SURVEYOR OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DIEGO, CALIFORNIA 92101 PHONE: (619) 235-6471 VICINITY MAP N NO SCALE GARYL HU$ LS.7019 REGISTRATION EXPIRES 6/JO/20W DATE APPLICANT: POSEIDON RESOURCES 501 WEST BROADWAY SUITE 2020 SAN DIEGO. CALIFORNIA 92101 PREPARED BY: PROJECT DESIGN CONSUL TANTS 701 B STREET SUITE 800 SAN DIEGO. CALIFORNIA 92101 PRODUCT WATER PIPELINE EASEMENT AREA EXHIBIT ' Y-Y' SHEET 1 OF 3 A.P.N. 210-010-42 T:\SURVEY\2396\2003-07-13 - Plats\PlotY-Y-PrmluctWdlerPipelineShtOl.dwg EXH "B" TO GRANT DEED P.I OF 3 PAFiCHL 3 ROS 17350 PARCEL 4 17350ROS \\\\ PARCEL 4 ROS 17350 *AT&SF RAILROAD RIGHT-OF-WAY \\ V" PARCEL 7 \\ \ ROS 17350 3 \ \ PARCEL 7 CERTIFICATEV V \ 1*\\ \ iOF COMPLIANCE RECORDED OCT. 3O, 2OO1 FILE NO. 2OO1-O78QO72 V T.P.O.B. \ PARCEL 5 ROS 17350 ^ P.O.C. PJVJ 10380 1 \ SCALE 1" • 400'\ APPLICANT: POSEIDON RESOURCES SOI VEST BROADWAY SUITE 2020 SAN DIEGO. CALIFORNIA 92101 PREPARED BY: PROJECT DESIGN CONSUL TANTS PRODUCT v WATER PIPELINE \EASEMENT AREA EXHIBIT ' Y-Y ' ^01 B STREET SUITE 800 SAN DIEGO. CALIFORNIA 92101 SHEET 2 OF 3 A.PM 210-010-42 T:\SURVEY\239B\200S-07-13 - Plotf\PiotY-Y-PnxiuctWoterPpelineSht02.<t»fg EXH "B" TO GRANT DEED P. 2 OF 3 PARCEL 7 17350 PARCEL 4 PARCEL 4 ROS "J7360 PARCEL 2 PORTION PARCEL 5 PJVJ 19380 PARCEL - PARCEL 6 PiOS -J7350 VP.O.C. PRODUCT WATER PIPELINE EASEMENT AREASCALE t" * 100 EXHIBITf Y-Y SHEET30F3 A.PM 210-010-42 APPLICANT; POSEIDON RESOURCES PREPARED BY: PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800501 mST BROADWAY SUITE 2020 SAN DIEGO. CALIFORNIA 92101 SAN DIEGO. CALIFORNIA 92101 T:\SURVEY\2X8\2009-07-1J - Plots\f>latY-Y-PrulucmoletPipeliMShl03.<twg EXH "B" TO GRANT DEED P. 3 OF 3 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 Carlsbad, County of San Diego, State of California, 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 DEED P. 1 OF 1 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 EXEMPT FROM FILING FEES PER GOVT. CODE §6103 pi LED Cle* of the Superior Court . Deputy SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO NORTH COUNTY BRANCH CARLSBAD MUNICIPAL WATER DISTRICT, ) CASE NO.: 37-2009-00059864-CU-EI-NC ) Honorable William Dato Plaintiff, v. SAN DIEGO GAS AND ELECTRIC COMPANY, A California corporation; All Persons Unknown Claiming an Interest in ) Dept: N-3 1 the Property Described in the Complaint; ) and DOES 1 through 100, inclusive, ) ) STIPULATED JUDGMENT IN ) CONDEMNATION ) PORTIONS OF ASSESSOR PARCEL ) NO.: 210-010-42 Defendants.) IT APPEARING TO THE COURT that Plaintiff Carlsbad Municipal Water District, and Defendant San Diego Gas and Electric Company, a California corporation, having stipulated that the judgment in condemnation as herein set forth may be entered, and it further appearing to be a proper case: 1. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the total amount of just compensation to be paid to Defendant San Diego Gas and Electric Company for the condemnation of said Defendant's interest in a portion of County Accessor Parcel No. 210-010-42, as described in Plaintiffs Complaint on file herein, is Thirteen Thousand Five Hundred Dollars and 1 STIPULATED JUDGMENT IN CONDEMNATION 1 No/100 ($13,500.00); 2 3 2. IT IS FURTHER ORDERED, AD JUDGED AND DECREED that upon payment 4 of the above-referenced sum to Defendant, the property described in Exhibit "A" attached hereto and 5 incorporated herein, shall be condemned to Plaintiff as against Defendant for the Desalinated Water 6 Pipeline in Avenida Encinas Project. 7 3. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the payment 8 of the sum of money specified above is in full payment for the condemnation and taking of 9 Defendant's real estate, improvements, improvements pertaining to realty, furniture, fixtures, 10 equipment, loss of business goodwill, and for all damages of every kind suffered, or to be suffered, 11 by reason of Plaintiffs acquisition of said interest in real property as described in Plaintiffs 12 Complaint on file herein, and the construction, operation and use of the project in the manner 13 proposed, and extinguishes all of said Defendant's claims in this action, and all claims which said 14 Defendant could have brought in this action, including, but not limited to claims for attorneys' fees, 15 litigation expenses, precondemnation damages, claims for inverse condemnation, and all other 16 damages and claims relating to this action; 17 4. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the use for 18 which said interest in property is sought to be condemned, for the Desalinated Water Pipeline in 19 Avenida Encinas Project, is authorized by law and is a public use, and that the taking in 20 condemnation is necessary for that public use; 21 5. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that payment as 22 herein specified shall be made to Defendant as follows: 23 San Diego Gas and Electric Company, a California corporation 24 c/o C. Larry Davis, General Counsel 25 Sempra Energy 26 101 Ash Street 27 San Diego, California 92101 28 6. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, upon full 2 STIPULATED JUDGMENT IN CONDEMNATION payment of the amounts referred to herein, trial, the right to trial, hearing on the issues, the making and filing of a statement of decision, the right to move for a new trial or appeal, notice of entry of judgment and notice of recording a final order of condemnation are waived by the parties, and that upon full payment to Defendant, Plaintiff shall be entitled to this Court's making of a final order of condemnation as against said Defendant. IT IS SO ORDERED. Dated: OCT012009 WU1IAMS.DATO 8 JUDGE OF THE SUPERIOR COURT 9 " 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATED JUDGMENT IN CONDEMNATION EXHIBIT A RECORDING REQUESTED BY: ] Carlsbad Municipal Water District ] WHEN RECORDED MAIL TO: ] District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: Exempt Please record the document at no fee as it is to] the benefit of the District (Gov. Code 6103) ] Above Space for Recorder's Use Only The undersigned grantor(s) declare(s): Documentary Transfer Tax is $ -0.00- Assessor's Parcel No: [ ] computed on full value of property conveyed, or Project ID: [ ] computed on full value less value of liens and Project Name: encumbrances remaining at time of sale. Related Project ID: [ ] Unincorporated area: (X) City of Carlsbad, and Related Project ID: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. GRANT DEED OF PUBLIC WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (we) San Diego Gas & Electric Company, a California 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 assigns, a public water line easement. Purpose: the public water line easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the purpose of an underground pipeline for the conveyance and transportation of water. 1 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. 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 facilities shall not be incompatible with the Carlsbad Municipal Water District'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 rearrangement, 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 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 "C" attached hereto and made a part hereof. Location of the Easement: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A." Exhibit "B" is attached for clarity only. Executed by the Grantor this 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 of the Board, President, or any Vice-President and secretary any assistant secretary, the Chef Financial Officer, or any assistant treasurer must sian fo OHpombont If only one officer signs, the corporation must attach a resosecretary under corporate seai empowering If signed by an individual partner, the partnership must attach a statement of partnershipauthorizing the partner to execute this instrument parrnersnip EXHIBIT "A" LEGAL DESCRIPTION FOR PRODUCT WATER PIPELINE EASEMENT AREA THAT PORTION OF PARCEL 7 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789072, AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL 7, ALSO BEING A POINT ON THE EASTERLY LINE OF THE 100.00 FOOT WIDE RIGHT- OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG THE COMMON LINE BEWTWEEN SAID EASTERLY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD AND THE SOUTHWESTERLY LINE OF SAID PARCEL 7, NORTH 22°30'13" WEST, 543.59 FEET TO THE TRUE POINT OP BEGINNING; THENCE CONTINUING ALONG SAID COMMON LINE, NORTH 22°30'13" WEST, 69.27 FEET; THENCE LEAVING SAID COMMON LINE, NORTH 67°29'47" EAST, 60.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID PARCEL 7, ALSO BEING A POINT ON THE WESTERLY LINE OF PARCEL MAP NO. 19380 RECORDED DECEMBER 2, 2003, AS DOCUMENT NO. 2003-1430564; THENCE ALONG THE COMMON LINE BETWEEN SAID NORTHEASTERLY LINE OF PARCEL 7 AND SAID WESTERLY LINE OF PARCEL MAP NO. 19380, SOUTH 22°30'13". EAST (NORTH 22°30'12" WEST RECORD PER SAID PARCEL MAP NO, 19380), 311.61 FEET; THENCE LEAVING SAID COMMON LINE NORTH 41°03'13" WEST, 38.61 FEET; THENCE NORTH 35°31'15" WEST, 142.74 FEET; THENCE NORTH 35°38'41" WEST, 68.45 FEET TO THE TRUE POINT OF BEGINNING. ATTACHED HERETO IS A PLAT LABELED EXHIBIT »Y-Y' AND BY THIS REFERENCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE 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, ADJUSTMENT, NAD- 83, AND EPOCH 1991.35. SAID PARCEL OF LAND CONTAINS 0.271 ACRES, MORE OR LESS GARY L>HtS DATE L.S. 7019 EXPIRATION DATE 6/30/2010 T:\SURVEY\2398\2009-07-13 - PIats\Lega!s\Exhibit Y-Y-Product Water Pipeline.doc EXH. "A" TO GRANT DEED P. 1 OF 1 LEGAL DESCRIPTION: A PORTION OF PARCEL 7 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789072. AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OT CARLSBAD, COUNTY OF SAN DIEGO, STATE Or CALIFORNIA. ASSESSORS PARCEL NO: 210-010-42 BASIS OF BEARINGS: THE BASIS Or BEARINGS FOR THIS DRAWING IS THE HORIZONTAL CONTROL BASED ON THE CALIFORNIA COORDINATE SYSTEM ZONE 6, NAD 83. AS DETERMINED LOCALLY BY THE LINE BETWEEN FIRST ORDER CONTROL POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271, LEGEND: INDICATES EXISTING PROPERTY LINE INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING INDICATES PRODUCT WATER PIPELINE EASEMENT AREA = 0.271 ACRES. MORE OR LESS OWNER: SAN DIEGO GAS it ELECTRIC EXECUTIVE OFFICES 8326 CENTURY PARK COURT SAN DIEGO, CALIFORNIA 92123-4150 SURVEYOR OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DIEGO, CALIFORNIA 92101 PHONE: (619) 235-6471 AN VICINITY MAP NO SCALE GARYL HU% LS.7019 REGISTRATION EXPIRES 6/30/2010 DATE APPLICANT: POSEIDON RESOURCES SOI VEST BROADWAY SUITE 2020 SAN DIEGO. CALIFORNIA 92101 PREPARED BY: PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DIEGO. CALIFORNIA 92101 PRODUCT WATER PIPELINE EASEMENT AREA EXHIBIT ' Y-Yf SHEET 1 OF 3 A.P.N. 210-010-42 T: \SURVZY\2398\2009-07-13 - Plots\PlotY-Y-PrcxtuctllfoterP;pelineShl01.<twg EXH "B" TO GRANT DEED P.I OF 3 PARCEL 3 ROS 17350 PARCEL 4 ROS 17350 AT&SF RAILROAD RIGHT-OF-WAY PARCEL 7 ROS 17350 PARCEL 7 CERTIFICATE OF COMPLIANCE RECORDED OCT. SO. 2OO1 FILE NO. 2OO1-O78OO72 PARCEL 4 ROS 17350 T.P.O.B. \ PM 10380 PARCEL 5 ROS 17350 PRODUCT v WATER PIPELINE \EASEMENT AREA EXHIBIT Y-Y f SCALE 1" * 400' PREPARED BY: PROJECT DESIGN CONSUL TANTS APPLICANT: POSEIDON RESOURCES SHEET20F3 A.PM 210-010-42 701 B STREET SUITE 800SOI WEST BROADWAY SUITE 2020 SAN DIEGO. CALIFORNIA 92101SAN DIEGO. CALIFORNIA 92101 T:\SURVEY\2398\2009-07-13 - EXH "B" TO GRANT DEED P. 2 OF 3 PARCEL 7 FiOS 17350 PARCEL 4 PARCEL 4 FiOS "17350 PARCEL 2 N35'J8'41"W PORTION PARCEL 5 PJVJ -J03SO PARCEL "I PARCEL 5 FiOS -J7350 \P.O.C. PRODUCT WATER PIPELINE EASEMENT AREASCALE t" * tOO' EXHIBIT ' Y-Y ' SHEET 3 OF 3 APPLICANT: POSEIDON RESOURCES PREPARED BY; PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800501 WEST BROADWAY SUITE 2020 SAN DIEGO. CALIFORNIA 92101 SAN DIEGO, CALIFORNIA 92101 A.P.N. 2W-OJO-42 T:\SURVeY\2J98\Z009-07-1J - Plotf\n,tY-r-ProdUctHMerf'ipelit,eSM03.dwg EXH "B" TO GRANT DEED P. 3 OF 3 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 Carlsbad, County of San Diego, State of California, 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 DEED P. 1 OF 1 3 7 Facsimile: (619) 299-4268 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RONALD R. BALL, STATE BAR No.: 74105 EXEMPT FROM FILING FEES GENERAL COUNSEL PER GO VT. CODE §6103 CARLSBAD MUNICIPAL WATER DISTRICT 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1989 ROSCOED.KEAGY, ESQ., STATE BARNO.: 32541 _ _ RICHARD R.FREELAND, ESQ., STATE BAR No. 64092 F ' l E V STEVEN A. MCKTNLEY, ESQ., STATE BAR No.: 89656 Clerk of the Superior Court ASARO KEAGY FREELAND & MCKINLEY 3170 Fourth Avenue, Fourth Floor OCT - 1 09 San Diego, California 92103 Telephone: (619)297-3170 BvL SAN NICOLAS, Deputy T? : :i~. //ri r»\ inn A"i£.o «/.•« Attorneys for Plaintiff CARLSBAD MUNICIPAL WATER DISTRICT SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO NORTH COUNTY BRANCH CARLSBAD MUNICIPAL WATER ) CASE NO.: 37-2009-00059864-CU-EI-NC DISTRICT, ) Honorable William Dato Plaintiff, ) STIPULATION FOR JUDGMENT IN ) CONDEMNATION AND FINAL v. ) ORDER OF CONDEMNATION SAN DIEGO GAS AND ELECTRIC ) PORTIONS OF ASSESSOR PARCEL COMPANY, A California corporation; ) NO.: 210-010-42 All Persons Unknown Claiming an Interest in ) the Property Described in the Complaint; ) Dept: N-31 and DOES 1 through 100, inclusive, ) ) Defendants. ) Plaintiff Carlsbad Municipal Water District [hereinafter PLAINTIFF], by and through its attorneys Asaro Keagy Freeland & McKinley, Richard R. Freeland, Esq., and Defendant San Diego Gas and Electric Company, a California corporation, [hereinafter DEFENDANT], by and through its attorney of record, C. Larry Davis, hereby stipulate as follows: 1. That the Stipulated Judgment in Condemnation attached hereto as Exhibit "A," and incorporated herein by this reference, shall be entered forthwith; STIP FOR JMT IN CONDEMNATION & FINAL ORDER OF CONDEMNATION 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 Final Order of Condemnation attached hereto as Exhibit "B," and incorporated herein by this reference, shall be entered forthwith; and 3. That the parties hereby waive the right to move for a new trial or appeal, and notice of recording a final order of condemnation. IT IS SO STIPULATED. Dated: September 2$ 2009 ASARO KEAGY FREELAND & MCKINLEY Dated: Septembeio?^ 2009 ROSCOE D. KEAGY, ESQ. RICHARD R. FREELAND, ESQ. STEVEN A. MCKINLEY, ESQ. Attorneys for Plaintiff CARLSBAD MUNICIPAL WATER DISTRICT SAN DIEGO GAS AND ELECTRIC COMPANY DAMS Attorneys for Defendant SAN DIEGO GkS AND ELECTRIC COMPANY STIP FOR JMT IN CONDEMNATION & FINAL ORDER OF CONDEMNATION EXHIBIT A 1 EXEMPT FROM FILING FEES PER GOVT. CODE §6103 2 3 4 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN DIEGO 10 NORTH COUNTY BRANCH 11 CARLSBAD MUNICIPAL WATER ) CASE NO.: 37-2009-00059864-CU-EI-NC DISTRICT, ) Honorable William Dato Plaintiff, ) STIPULATED JUDGMENT IN v. ) ) CONDEMNATION SAN DIEGO GAS AND ELECTRIC ) NO.: 210-010-42 COMPANY, A California corporation; ) All Persons Unknown Claiming an Interest in ) Dept: N-31 the Property Described in the Complaint; ) and DOES 1 through 100, inclusive, ) Defendants. ) ) PORTIONS OF ASSESSOR PARCEL 12 13 14 15 16 17 18 19 20 IT APPEARING TO THE COURT that Plaintiff Carlsbad Municipal Water District, and 21 Defendant San Diego Gas and Electric Company, a California corporation, having stipulated that the 22 judgment in condemnation as herein set forth may be entered, and it further appearing to be a proper 23 case: 24 1. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the total amount 25 of just compensation to be paid to Defendant San Diego Gas and Electric Company for the 26 condemnation of said Defendant's interest in a portion of County Accessor Parcel No. 210-010-42, 27 as described in Plaintiffs Complaint on file herein, is Thirteen Thousand Five Hundred Dollars and 28 _ VTT 1 STIPULATED JUDGMENT IN CONDEMNATIONEXH"A"p. lofll to Stipulation 1 No/100 ($13,500.00); 2 3 2. IT IS FURTHER ORDERED, AD JUDGED AND DECREED that upon payment 4 of the above-referenced sum to Defendant, the property described in Exhibit "A" attached hereto and 5 incorporated herein, shall be condemned to Plaintiff as against Defendant for the Desalinated Water 6 Pipeline in Avenida Encinas Project. 7 3. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the payment 8 of the sum of money specified above is in full payment for the condemnation and taking of 9 Defendant's real estate, improvements, improvements pertaining to realty, furniture, fixtures, 10 equipment, loss of business goodwill, and for all damages of every kind suffered, or to be suffered, 11 by reason of Plaintiffs acquisition of said interest in real property as described in Plaintiffs 12 Complaint on file herein, and the construction, operation and use of the project in the manner 13 proposed, and extinguishes all of said Defendant's claims in this action, and all claims which said 14 Defendant could have brought in this action, including, but not limited to claims for attorneys' fees, 15 litigation expenses, precondemnation damages, claims for inverse condemnation, and all other 16 damages and claims relating to this action; 17 4. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the use for 18 which said interest in property is sought to be condemned, for the Desalinated Water Pipeline in 19 Avenida Encinas Project, is authorized by law and is a public use, and that the taking in 20 condemnation is necessary for that public use; 21 5. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that payment as 22 herein specified shall be made to Defendant as follows: 23 San Diego Gas and Electric Company, a California corporation 24 c/o C. Larry Davis, General Counsel 25 Sempra Energy 26 101 Ash Street 27 San Diego, California 92101 28 6. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, upon full T,VrT«.« - -«, 2 STIPULATED JUDGMENT IN CONDEMNATIONEXH A p. 2 of 11 to Stipulation payment of the amounts referred to herein, trial, the right to trial, hearing on the issues, the making and filing of a statement of decision, the right to move for a new trial or appeal, notice of entry of judgment and notice of recording a final order of condemnation are waived by the parties, and that upon full payment to Defendant, Plaintiff shall be entitled to this Court's making of a final order of condemnation as against said Defendant. IT IS SO ORDERED. Dated: , 20098 JUDGE OF THE SUPERIOR COURT 9 " 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 T-VTTWAM -5 *ii 3 STIPULATED JUDGMENT IN CONDEMNATIONIL/Ln A p. j OI 11 to Stipulation RECORDING REQUESTED BY: ] Carlsbad Municipal Water District ] WHEN RECORDED MAIL TO: ] District Secretary ] Carlsbad Municipal Water District ] 1200 Carlsbad Village Drive ] Carlsbad, California 92008 ] MAIL TAX STATEMENTS TO: ] Exempt ] Please record the document at no fee as it is to] the benefit of the District (Gov. Code 6103) ] Above Space for Recorder's Use Only The undersigned grantor(s) declare(s): Documentary Transfer Tax is $ -0.00- Assessor's Parcel No: [ ] computed on full value of property conveyed, or Project ID: [ ) computed on full value less value of liens and Project Name: encumbrances remaining at time of sale. Related Project ID: [ ] Unincorporated area: (X) City of Carlsbad, and Related Project ID: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. GRANT DEED OF PUBLIC WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (we) San Diego Gas & Electric Company, a California 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 assigns, a public water line easement. Purpose: the public water line easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the purpose of an underground pipeline for the conveyance and transportation of water. EXH"A"p.4ofll to Stipulation 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. 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 facilities shall not be incompatible with the Carlsbad Municipal Water District'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 rearrangement, 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 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 EXH"A"p.5ofll to Stipulation more particularly described in Exhibit "C" attached hereto and made a part hereof. Location of the Easement: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A." Exhibit "B" is attached for clarity only. Executed by the Grantor this daV 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 } corporation If only one officer signs, the corporationunder corporate "* ^ch a stamen, of partnership EXH"A"p.6ofll to Stipulation 3 EXHIBIT "A" LEGAL DESCRIPTION FOR PRODUCT WATER PIPELINE EASEMENT AREA THAT PORTION OF PARCEL 7 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789072, AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL 7, ALSO BEING A POINT ON THE EASTERLY LINE OF THE 100.00 FOOT WIDE RIGHT- OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG THE COMMON LINE BEWTWEEN SAID EASTERLY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD AND THE SOUTHWESTERLY LINE OF SAID PARCEL 7, NORTH 22°30'13" WEST, 543.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID COMMON LINE, NORTH 22°30'13" WEST, 69.27 FEET; THENCE LEAVING SAID COMMON LINE, NORTH 67°29'47" EAST, 60.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID PARCEL 7, ALSO BEING A POINT ON THE WESTERLY LINE OF PARCEL MAP NO. 19380 RECORDED DECEMBER 2, 2003, AS DOCUMENT NO. 2003-1430564; THENCE ALONG THE COMMON LINE BETWEEN SAID NORTHEASTERLY LINE OF PARCEL 7 AND SAID WESTERLY LINE OF PARCEL MAP NO. 19380, SOUTH 22°30'13". EAST (NORTH 22°30'12" WEST RECORD PER SAID PARCEL MAP NO, 19380), 311.61 FEET; THENCE LEAVING SAID COMMON LINE NORTH 41°03'13" WEST, 38.61 FEET; THENCE NORTH 35°31'15" WEST, 142.74 FEET; THENCE NORTH 35°38'41" WEST, 68.45 FEET TO THE TRUE POINT OF BEGINNING. ATTACHED HERETO IS A PLAT LABELED EXHIBIT 'Y-Y' AND BY THIS REFERENCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE 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, ADJUSTMENT, NAD- 83, AND EPOCH 1991.35. SAID PARCEL OF LAND CONTAINS 0.271 ACRES, MORE OR LESS GARY L>HUS DATE L.S. 7019 EXPIRATION DATE 6/30/2010 T:\SURVEY\2398\2009-07-13 - Plats\Legals\Exhibit Y-Y-Product Water Pipeline.doc EXH. "A" TO GRANT EXH "A" p. 7 of 11 DEED P. l OF 1 to stipulation LEGAL DESCRIPTION: A PORTION OF PARCEL 7 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER JO, 2001 AS DOCUMENT NO. 2001-0789072. AND AS SHOWN ON RECORD OF SURVEY NO. 17350. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ASSESSORS PARCEL NO: 210-010-42 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS DRAWING IS THE HORIZONTAL CONTROL BASED ON THE CALIFORNIA COORDINATE SYSTEM ZONE 6, NAD 83. AS DETERMINED LOCALLY BY THE LINE BETWEEN FIRST ORDER CONTROL POINTS 057 AND 141 PER RECORD OF SURVEY NO 17271 I.E. N40'39'21"W. ' ' LEGEND: INDICATES EXISTING PROPERTY LINE INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING INDICATES PRODUCT WATER PIPELINE EASEMENT AREA = 0.271 ACRES. MORE OR LESS OWNER: SAN DIEGO GAS & ELECTRIC EXECUTIVE OFFICES 8326 CENTURY PARK COURT SAN DIEGO. CALIFORNIA 92123-4150 SURVEYOR OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DIEGO, CALIFORNIA 92101 PHONE: (619) 235-6471 AN VICINITY MAP NO SCALE GARYL HV$ LS70J9 REGISTRATION EXPIRES 6/30/2010 APPLICANT: POSEIDON RESOURCES 501 WEST BROADWAY SUITE 2020 SAN DIEGO. CALIFORNIA 92101 PREPARED BY: PROJECT DESIGN CONSUL TANTS 701 B STREET SUITE 800 SAN DIEGO. CALIFORNIA 92101 PRODUCT WATER PIPELINE EASEMENT AREA EXHIBIT ' Y-Y' SHEET /OFJ A.P.N. 210-010-42 T: \SURVEY\2398\2009-07-13 - Plots\PlotY-r-PnxtuclWtiterfipelineShtOl.dwg EXH "B" TO GRANT DEED P.I OF 3 EXH "A" p. 8 of 11 to Stipulation PARCEL 3 FJQS 17350 PARCEL 4 R03 17350 AT&SF RAILROAD RIGHT-OF-WAY PARCEL 7 ROS 17350 PARCEL 7 CERTIFICATEPARCEL 4 17350 COMPLIANCE RECORDED PARCEL 5 17350 F SCALE 1" * 400' APPLICANT: POSEIDON RESOURCES \ XV^^^'-AX \ 501 VEST BROADWAY SUITE 2020 SAN DIEGO. CALIFORNIA 92101 PREPARED BY: PROJECT DESIGN CONSUL TANTS 701 B STREET SUITE 800 SAN DIEGO. CALIFORNIA 92101 PRODUCT WATER PIPELINE \EASEMENT AREA EXHIBIT - Y-Y ' SHEET20F3 A.PM 210-010-42 EXH "B" TO GRANT DEED P. 2 OF 3 EXH "A" p. 9 Of 11 to Stipulation PARCEL 7 ROB T/360 N67'29'47'E 60.00'PARCHL 4 N22'30'13"W 69.27'PARCEL 4 ROS "17350 PARCEL 2T.P.O.B.N35'X'41"W PORTION PARCEL 5 PJVJ -J9380 PARCEL 1 PARCEL 6 FiOS -J7350 VP.o.c. PRODUCT WATER PIPELINE EASEMENT AREASCALE 1" * 100' EXHIBIT ' Y-Y ' SHEETJOF3 A.P.N. 210-010-42 PREPARED BY: PROJECT DESIGN CONSUL TANTS APPLICANT. POSEIDON RESOURCES 701 B STREET SUITE 800501 WEST BROADWAY SUITE 2020 SAN DIEGO. CALIFORNIA 92101 SAN DIEGO. CALIFORNIA 92101 EXH «B" TO GRANT DEED P. 3 OF 3 EXH "A" p. 10 of 11 to Stipulation 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 Carlsbad, County of San Diego, State of California, 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 EXH "A" p. 11 of 11 DEED P.10F1 to Stipulation EXHIBIT B 1 EXEMPT FROM FILING FEES PER GOVT. CODE §6103 2 3 4 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN DIEGO 10 NORTH COUNTY BRANCH 11 CARLSBAD MUNICIPAL WATER ) CASE NO.: 37-2009-00059864-CU-EI-NC 12 DISTRICT, ) Honorable William Dato 13 Plaintiff, ) FINAL ORDER IN CONDEMNATION 14 v. ) PORTIONS OF ASSESSOR PARCEL ) NO.: 210-010-42 15 SAN DIEGO GAS AND ELECTRIC ) COMPANY, A California corporation; ) Dept: N-31 16 All Persons Unknown Claiming an Interest in ) the Property Described in the Complaint; ) 17 and DOES 1 through 100, inclusive, ) 18 Defendants. ) 19 20 .. Plaintiff Carlsbad Municipal Water District, and Defendant San Diego Gas and Electric 21 Company, a California corporation, having previously stipulated to a Final Judgment in 22 Condemnation ("Judgment"), and having waived a Statement of Decision; Judgment having been 23 entered; no other party or person having or claiming to have an interest in the property being 24 acquired or the compensation to be paid for the property; and good cause appearing: 25 NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS 26 FOLLOWS: 27 1. The property and property interests described in the attached Exhibit "A" ("Property") 28 EXH "B" p. 1 Of 10 1 FINAL ORDER IN CONDEMNATION to Stipulation 1 is hereby condemned to the District for the construction and operation of the Desalinated Water 2 Pipeline in Avenida Encinas Project, and for public uses. 3 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 Thousand Five Hundred Dollars and No/100 ($13,500.00), as full payment of just compensation pursuant to the judgment. 4. A certified copy of this Final Order of Condemnation shall be recorded in the Office of the County Recorder of the County of San Diego, State of California, and thereupon the easement 10 in the Property shall vest in the District. 11 IT IS SO ORDERED. 12 13 Dated: _,2009 JUDGE OF THE SUPERIOR COURT 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXH"B"p 2 Of 10 FINAL ORDER IN CONDEMNATION to Stipulation RECORDING REQUESTED BY: ] Carlsbad Municipal Water District ] WHEN RECORDED MAIL TO: ] District Secretary ] Carlsbad Municipal Water District ] 1200 Carlsbad Village Drive ] Carlsbad, California 92008 ] MAIL TAX STATEMENTS TO: ] Exempt ] Please record the document at no fee as it is to] the benefit of the District (Gov. Code 6103) ] Above Space for Recorder's Use Only The undersigned grantor(s) declare(s): Documentary Transfer Tax is $ -0.00- Assessor's Parcel No: I ] computed on full value of property conveyed, or Project ID: [ ] computed on full value less value of liens and Project Name: encumbrances remaining at time of sale. Related Project ID: [ ] Unincorporated area: (X) City of Carlsbad, and Related Project ID: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. GRANT DEED OF PUBLIC WATER LINE EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I (we) San Diego Gas & Electric Company, a California 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 assigns, a public water line easement. Purpose: the public water line easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the purpose of an underground pipeline for the conveyance and transportation of water. EXH«B"p.3oflO to Stipulation 1 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. 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 facilities shall not be incompatible with the Carlsbad Municipal Water District'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 rearrangement, 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 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 EXH''B"p.4oflO to Stipulation 2 more particularly described in Exhibit "C" attached hereto and made a part hereof. Location of the Easement: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A." Exhibit "B" is attached for clarity only. Executed by the Grantor this 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 (Chairman of the Board, President, or any ^-President and EXH"B"p.5oflO to Stipulation 3 EXHIBIT "A" LEGAL DESCRIPTION FOR PRODUCT WATER PIPELINE EASEMENT AREA THAT PORTION OF PARCEL 7 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789072, AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL 7, ALSO BEING A POINT ON THE EASTERLY LINE OF THE 100.00 FOOT WIDE RIGHT- OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG THE COMMON LINE BEWTWEEN SAID EASTERLY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD AND THE SOUTHWESTERLY LINE OF SAID PARCEL 7, NORTH 22°30'13" WEST, 543.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID COMMON LINE, NORTH 22°30'13" WEST, 69.27 FEET; THENCE LEAVING SAID COMMON LINE, NORTH 67°29'47" EAST, 60.00 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID PARCEL 7, ALSO BEING A POINT ON THE WESTERLY LINE OF PARCEL MAP NO. 19380 RECORDED DECEMBER 2, 2003, AS DOCUMENT NO. 2003-1430564; THENCE ALONG THE COMMON LINE BETWEEN SAID NORTHEASTERLY LINE OF PARCEL 7 AND SAID WESTERLY LINE OF PARCEL MAP NO. 19380, SOUTH 22°30'13", EAST (NORTH 22°30'12" WEST RECORD PER SAID PARCEL MAP NO, 19380), 311.61 FEET; THENCE LEAVING SAID COMMON LINE NORTH 41°03'13" WEST, 38.61 FEET; THENCE NORTH 35°31'15" WEST, 142.74 FEET; THENCE NORTH 35°38'41" WEST, 68.45 FEET TO THE TRUE POINT OF BEGINNING. ATTACHED HERETO IS A PLAT LABELED EXHIBIT 'Y-Y' AND BY THIS REFERENCE MADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE 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, ADJUSTMENT, NAD- 83, AND EPOCH 1991.35. SAID PARCEL OF LAND CONTAINS 0.271 ACRES, MORE OR LESS GARY L>H*JS L.S. 7019 EXPIRATION DATE DATE 6/30/2010 T:\SURVEY\2398\2009-07-13 - Plats\Legals\Exhibit Y-Y-Product Water Pipeline.doc EXH. «A" TO GRANT DEED P. 1 OF 1 EXH "B" p. 6 of 10 to Stipulation LEGAL DESCRIPTION: A PORTION Of PARCEL 7 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30. 2001 AS DOCUMENT NO. 2001-0789072. AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ASSESSORS PARCEL NO: 210-010-42 BASIS OF BEARINGS: THE BASS OF BEARINGS FOR THIS DRAWING IS THE HORIZONTAL CONTROL BASED ON THE CALIFORNIA COORDINATE SYSTEM ZONE 6, NAD 83, AS DETERMINED LOCALLY BY THE LINE BETWEEN FIRST ORDER CONTROL POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271, /.£. N40W21"W. LEGEND: INDICATES EXISTING PROPERTY LINE INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING INDICATES PRODUCT WATER PIPELINE EASEMENT AREA = 0.271 ACRES. MORE OR LESS OWNER: SAN DIEGO GAS A ELECTRIC EXECUTIVE OFFICES 8326 CENTURY PARK COURT SAN DIEGO, CALIFORNIA 92123-4150 SURVEYOR OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DIEGO, CALIFORNIA 92101 PHONE: (619) 235-6471 VICINITY MAP NO SCALE GARYL HU$ LS.7019 REGISTRATION EXPIRES 6/30/2010 DATE APPLICANT: POSEIDON RESOURCES 501 WIST BROADWAY SUITE 2020 SAN DIEGO. CALIFORNIA 92101 PREPARED BY: PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DIEGO. CALIFORNIA 92101 PRODUCT WATER PIPELINE EASEMENT AREA EXHIBIT ' Y-Y" SHEET 1 OF J A.P.N. 210-010-42 T: \SURVEY\2J98\2009-07-1J - Plots\PlolY-Y-PnxiuctWtiterP^elineShl01.d»g EXH «B" TO GRANT DEED P.I OF3 EXH "B" p. 7 of 10 to Stipulation PAFJCSL 3 ROB 17350 PARCEL 4 ROB 17350 ,cv VJ AT&SF RAILROAD RIGHT-OF-WAY PARCEL 7 ROS 17360 PARCEL 7 CERTIFICATE COMPLIANCE RECORDED OCT. 3O, 2OO1 FILE NO. 2OO1-O78QO72 PM 19380 PAHCSL 5 ROB 173501\ PCL, 6 SCALE 1"^ 400'\ APPLICANT: PO&IDW RESOURCES 501 VEST BROADWAY SUITE 2020 SAN DIEGO. CALIFORNIA 92m PREPARED BY: PROJECT DESIGN CONSUL TANTS 701 B STREET SUITE 800 SAN DIEGO. CALIFORNIA 92101 PRODUCT WATER PIPELINE \EASEMENT AREA EXHIBITf Y-Y' SHEET20F3 A.PM 210-010-42 T:\SUR\fY\2J98\2009-07-13 - Plots\Plan-Y-PrwluctWiterPipelinea>tOZ<twg EXH "B" TO GRANT DEED P. 2 OF 3 EXH "B" p. 8 of 10 to Stipulation PARCEL 7 17360 N67"29'47"E PARCEL 4 PARCEL 4 ROS -J7350 PARCEL 2 PORTION PARCEL 5 PM '19380 PARCEL I PARCEL 6 ROS -J735Q V P.O.C. SCALE: r - 100' APPLICANT: POSEIDON RESOURCES 501 WEST BROADWAY SUITE 2020 SAN DIEGO. CALIFORNIA 92101 PREPARED BY: PROJECT DESIGN CONSUL TANTS 701 B STREET SUITE 800 SUN DIEGO. CALIFORNIA 92101 PRODUCT WATER PIPELINE EASEMENT AREA EXHIBIT ' Y-Y f A.P.N. 210-010-42 EXH «B" TO GRANT EXH "B" p. 9 of 10 DEED P. 3 OF 3 to Stipulation 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 Carlsbad, County of San Diego, State of California, 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 EXH "B" p. 10 of 10 DEED P.10F1 to Stipulation