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HomeMy WebLinkAbout2012/02/14 Item 08TY COUNCIL STATEMENT ~~~ CITY OF "-"` CHULA VISTA 2/14/12, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN OFFER FROM THE OTAY WATER DISTRICT TO PURCHASE EASEMENTS ACROSS CITY OWNED LAND FOR WATER PIPELIN SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECTOR OF ENG REVIEWED BY: CITY MANAGER ASSISTANT CITY MANAGER ~~ 4/STHS VOTE: YES ^ NO SUMMARY The Otay Water District (District) is dedicated to increasing its delivery of recycled water for irrigation to customers within its jurisdictional area. The Wueste Road pipeline, when built, will provide a link for the delivery of recycled water to the District's customers in Otay Mesa. A portion of the alignment of this pipeline crosses land owned by the City of Chula Vista. In order to complete construction of this project the District needs to acquire a permanent Easement and a Temporary Construction Easement from the City. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed activity consisting of accepting an offer from the Otay Water District to Purchase Easements across City owned land for water pipelines is covered by the general rule in that there is no possibility that the activity may have a significant effect on the environment. Therefore, pursuant to Section 15061(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 8-1 2/14/12 Item Page 2 of 3 DISCUSSION The Otay Water District (District) is dedicated to increasing its delivery of recycled water for irrigation to customers within its jurisdictional area. The Wueste Road pipeline, when built, will provide a link for the delivery of recycled water to the District's customers in Otay Mesa. Developers of properties within Otay Mesa have installed recycled water piping for irrigation but recycled water is currently not available for their use. The Wueste Road pipeline will connect to an existing recycled water pipeline in Olympic Parkway in Chula Vista and extend south along Wueste Road to an area just south of the City of San Diego Water Treatment Plant. At its southern end, the new pipeline will connect to the District's existing 30-inch recycled water pipeline which is currently supplied with potable water until recycled water is available. The construction of the Wueste Road pipeline is a critical project for the District to provide recycled water to this area. A portion of the alignment of this pipeline crosses land owned by the City of Chula Vista. In order to complete construction of this project the District needs to acquire a permanent Easement and a Temporary Construction Easement from the City. The permanent easement consists of 0.61 acres and the temporary construction easement is another 2.488 acres and can only be used for one year. Attached to this report is a vicinity map showing the location of the project area as well as a plat showing the actual permanent and temporary easements. These easements lie entirely within the Multiple Species Conservation Program (MSCP) land and are adjacent to the University site. The respective agencies responsible for monitoring the MSCP have been advised of this conveyance and have agreed that it will not affect the City's status as it relates to the MSCP. Additionally, the Agreement being considered by this action requires the District to indemnify the City against any adverse action resulting from their project. The District has offered the City $37,750 for the permanent easement and $29,100 for the temporary easement. Staff has reviewed the appraisal and believes that it is representative of the value of the rights to be acquired by this action. Staff believes that the sale of the proposed easement area is equitable, in the best interest of the regional water needs and will provide a one- time revenue source for the City. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property that is the subject of this action. CURRENT YEAR FISCAL IMPACT The sale of the easement to the Otay Water District will result in a positive impact to the General Fund. The unanticipated one-time revenues of $66,850 are proposed to be appropriated to the Bonita Canyon Erosion and Drainage Capital Project - DR 189. The funds are needed for required environmental mitigation/permitting that needs to be performed prior to the solicitation of construction bids. This will leave an estimated total project-funding gap of $900,000. A report for Council approval and appropriation of the funds will be forwarded to Council in late February 2012. Funding for the remaining construction costs is proposed to be addressed during the FY 2012-13 budget process. The use of one-time revenues for one-time expenditures is consistent with the City Council adopted Reserve Policy. 8-2 2/14/12 Item g Page 3 of 3 ONGOING FISCAL IMPACT None. ATTACHMENTS Vicinity Map Purchase Agreement Prepared by: Rick Ryals, Real Property Manager, Public Works Engineering J: IEngineerlAGENDAICAS2012102-14-1210tay Water Easement.doc 8-3 00 I ~h~ - , I - r , ~i °1 z il_' , __ ~ ~ . ~~~ ~~~ '1TT~t ~ A S~~ A rI ~~A ~ VI~I~I 1 i , ` • ~ ~ ~ P3 4 V! M7~-~y _ r M1" ~f . ~~~ , LT+ T ~ ~~~ ~ ~~ ~ yy ~ , ~ V ! 1 ~ g ~ 4 4 ~~ ~ 1P " 'l ~` ~1 z- t ~ ` p 4 ~ ~ ~ ^ ~_ 1 t~ ~~ ,FF' ~' ~ ~ i ;,~ ~'~ - i, 4Ci'~ t'_ ~' l a ~ " f ~~~, `~ ~ y5~o ~y5 '~ ~ ~+ 1 ', -_ t; ~ ~' S k ~ 15 ( i .. ~ JO .~~ X ~ j ~ s ~~~' ~ ', GRry `~, lwA~~4~ - ~ 1 - .~ .T_ Y 5~ n ~` ~ _ _ , r 7, (~~r,, ... og`,p nk' !~'h';~4h ~ ~ ~..- , t Si fi~fi L~};~J}l ~ la , Y~(~ _~ ProjectLocatiort ~~~ f144' 0f Otay Reservoir THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY, ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY CO IL _. /1 =~1 City Attorney Dated: Z. ~'~ ~ Z PURCHASE AGREEMENT BETWEEN OTAY WATER DISTRICT, AND THE CITY OF CHULA VISTA 8-5 THE CITY OF CHULA VISTA PURCHASE AGREEMENT CITY OF CHULA VISTA, California Municipal Corporation "GRANTOR" OTAY WATER DISTRICT, "GRANTEE" 8-6 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is entered into as of , 2012, by and between Otay Water District, ("Grantee" or "Otay"), and The City of Chula Vista, a municipal corporation ("Grantor" or "City"). This Agreement shall be for the purchase and sale of an easement interest ("Easement Interests"), as described herein, over and under certain real property owned by the City, subject to the terms and conditions of this Agreement. This Agreement is made with reference to the following recitals. RECITALS WHEREAS, City owns that certain real property ("Property") located in the City of Chula Vista within a master planned community in the City of Chula Vista commonly known as "Otay Ranch"; and WHEREAS, On October 28, 1993, the San Diego County Board of Supervisors and the City Council of the City of Chula Vista jointly adopted the Otay Ranch General Development Plan/Subregional Plan ("GDP"), including the Otay Ranch Phase 1 Resource Management Plan ("RMP 1 ") which governs the development and use of the Otay Ranch Project; and WHEREAS, on March 6, 1996, the San Diego County Board of Supervisors adopted the Otay Ranch Phase 2 Resource Management Plan ("RMP 2") and on June 4, 1996, the City Council of the City of Chula Vista adopted the RMP 2; and WHEREAS, the City adopted, as an element of its General Plan, the City's Subazea Plan for the regional San Diego Multiple Species Conservation Program in which the Incidental Take of Covered Species Subject to Incidental Take is authorized, under Section 10(a) permit issued by the USFWS and/or the CESA/NCCP Authorization issued by the CDFG, to the City in accordance with the City's Subarea Plan and the Implementation Agreement WHEREAS, Grantee wishes to purchase certain easement interests on, over under across and through the Property (Easement Interests); and WHEREAS, the City wishes to sell the Easement Interests to Grantee for the sole uses identified in the Temporary Construction Easement and the Permanent Easement and Right of Way, both attached and incorporated as part of Exhibit "A" and subject to the terms and conditions herein. NOW, THEREFORE, for mutual consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 2 8-7 ARTICLE I. DEFINITIONS Unless the context otherwise indicates, the following shall have the meanings as set forth in this Article: "100% Conservation Area" means lands within the City of Chula Vista for which hard-line Preserve boundaries have been established and where the conserved portion will be managed for its biological resources. "Acceptance of this Agreement" means the date of signature of Grantee or Grantor, whichever entity is the last to affix its signature to this Agreement. "Cash" means (i) currency, (ii) a check or checks currently dated and payable to City of Chula Vista or money order and honored upon presentation for payment, or (iii) funds wire transferred or otherwise deposited into an account as directed by the City. "CEQA" means the California Environmental Quality Act (California Public Resources Code 21000 et seq.), including all regulations promulgated pursuant to that Act. "Chula Vista MSCP Subazea Plan" means the Subazea Plan prepazed by the City of Chula Vista and reviewed and approved by the Wildlife Agencies, and adopted by the City of Chula Vista as part of the City's General Plan, to implement the MSCP Subregional Plan within the Chula Vista Subazea. "Chula Vista Covered Species" means those Covered Species which are adequately conserved by the Chula Vista Subazea Plan, together with other Subarea Plans within the MSCP Subregional Plan Area, in effect during the duration of the City's Section 10(a)(1)(B) permit issued by the USFWS and Take Authorization issued by CDFG, including Species Adequately Conserved. Adequate conservation for certain Chula Vista Covered Species shall include the measures contained in the findings for those species in Table 3-5 of the MSCP Subregional Plan which is incorporated in the Chula Vista Subarea Plan (Appendix A). "Closing Date" means date of recordation of the Easement Deed "City" means the City of Chula Vista. "County" means the County of San Diego, State of California. "Otay" means the Otay Water District. "Covered Species" Those species within the MSCP Subregional Plan which will be adequately conserved by the MSCP when the MSCP is implemented through the Subazea Plans, including Species Adequately Conserved, listed on Table 4 -1, as well as the Covered Species listed on Tables 4-2 and 43 of the Chula Vista Subarea Plan. "Easement Interests" means a permanent and a temporary easement interest together with the right to use and occupy the surface and subsurface over and under portions of the Property subject to the provisions contained in the Grants of Easements and this Agreement. 8-8 "Future Facilities" means facilities that are necessary to support City services or planned development in the future and are not specifically listed as a Planned Facility in the MSCP. "General and special real estate taxes" means all charges evidenced by the secured tax bill issued by the Tax Collector of the County, including, but not limited to, amounts allocated to (i) County or City general governmental purposes, (ii) bonded indebtedness of the County or City, (iii) bonded or other indebtedness and operating expenses of any school, college, sewer, water, irrigation, hospital, library, utility, county service, community facilities district or other district, and (iv) any other lawful purpose. "Hazardous Materials" means any substance, material or waste which is or becomes (1) regulated by any local or regional governmental authority, the State of California or the United States Government as hazardous waste, (ii) is defined as a "solid waste", "sludge", "hazardous waste", "extremely hazardous waste", "restricted hazazdous waste", "Non-RCRA hazardous waste," "RCRA hazazdous waste", or "recyclable material", under any federal, state or local statue, regulation or ordinance, including without limitation Sections 25115, 25117, 25117.9, 25120.2, 25120.5, 251227, 25140, 25141 of the California Health and Safety Code; (iii) defined as "Hazazdous Substance" under Section 25316 of the California Health and Safety Code; (iv) defined as a "Hazardous Material", "Hazardous Substance", or "Hazazdous Waste" under Section 25501 of the California Health and Safety Code; (v) defined as a "Hazazdous Substance" under Section 25281 of the California Health and Safety Code; (vi) asbestos; (vii) petroleum products, including without limitation, petroleum, gasoline, used oil, crude oil, waste oil and any fraction hereof, natural gas, natural gas liquefied, natural gas or synthetic fuels, (viii) materials defined as hazazdous or extremely hazardous pursuant to the California Code of Regulations; (ix) polychlorinated biphenyls; (x) defined as a "Hazazdous Substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1251, et seq.); (xi) defined as a "Hazardous Waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., (xii) defined as a "Hazazdous Substance" or "Mixed Waste" pursuant to Section 101 of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9601, et seq. and regulations promulgated hereunder; (xiii) defined as a "Hazardous Substance" pursuant to Section 401.15 of the Clean Water Act, 40 C.F.R. 116; OR (xiv) defined as an "Extremely Hazazdous Substance" pursuant to Section 302 of the Superfund Amendments and Reauthorizations Act of 1986, 42 U.S.C. Section 11002, et seq. "Habitat Loss and Incidental Take (HLIT) Ordinance" -means the City's implementing ordinance which establishes mitigation standazds for biological resources and implements the Chula Vista Subazea Plan outside of Covered Projects. Third Party Beneficiary status will be extended to persons and entities under the jurisdiction and control of the City of Chula Vista through pernuts issued pursuant to the HLIT. "MSCP Subregional Plan" means the Multiple Species Conservation Program Plan, a comprehensive habitat conservation planning program dated August 1998, which addresses multiple species habitat needs and the preservation of native vegetation fora 900-square mile azea in southwestern San Diego County, California. "Otay Ranch Preserve" means the 11,375-acre habitat conservation area established by the Otay Ranch Phase 1 Resource Management Plan. "Preserve" means the azea designated in the GDP, including the RMP 1 and RMP 2 and the MSCP which has been or would be conveyed for permanent conservation and which will in the azeas 4 8-9 located in Otay Ranch be managed for its biological resources by the POM, as defined below. ``Preserve Owner/Manager ("POM") means the entity responsible for overseeing the day to day and long range Preserve management activities within the Otay Ranch Preserve, including but not limited to management of resources, restoration of habitat and enforcement of open space restrictions, pursuant to the RMP 1 and RMP 2. The City and County aze currently acting as the POM pursuant to a joint powers authority agreement. "RMP 1"means the Otay Ranch Phase 1 Resource Management Plan, as jointly adopted by the San Diego County Board of Supervisors and the City Council of the City of Chula Vista on October 28, 1993. "RMP 2" means the Otay Ranch Phase 2 Resource Management Plan, as adopted by the City Council of the City of Chula Vista on June 4, 1996 and by the San Diego County Boazd of Supervisors on Mazch 6, 1996. "Take" refers to the meaning provided by the Endangered Species Act and the California Fish and Game Code, including relevant regulations and case law. "Take Authorization" means the Permit authority granted through a Section 10(a)(1)(B) Permit pursuant to the ESA and/or the Section 2835 permit pursuant to the NCCP Act. "Third Party Beneficiary" refers to any landowner or other public or private entity that obtains Take Authorization through the City of Chula Vista's Take Authorization. "Wildlife Agencies" means the California Department of Fish and Game or U.S. Fish and Wildlife Service. Biologically Significant Resource Area (BRSA) is defined as habitat areas that support raze vegetation types and species, greater species diversity, are part of core azeas of habitat or function as key linkages or corridors for species. These types of habitat areas aze generally the focus for conservation by the NCCP/HCP and other conservation plans. The NCCP/HCP uses the term "biologically significant resource azea" to include the following types of habitat azeas within the Plan Area: an upland or wetland habitat management area (e.g., all existing Otay committed lands in the NCCP/HCP), and azeas that have been designated in approved (or in-approval stage) conservation plans as biological resource core areas, pre-approved mitigation azeas, corridors/linkages or equivalent designated/defined terms. ARTICLE II. RESERVATION OF RIGHTS 2.1 Reservation of Rights. The transfer of the Property shall be subject to the reservation of the following rights: a. Brush Cleazance. City reserves and maintains the right to perform brush clearance as necessary within designated development areas on the Property. b. Fuel Modification Zone. In order to create or maintain defensible space necessary for effective fire protection, City reserves and maintains the right to establish Fuel Modification Zones within designated development azeas on the Property. 8-10 ARTICLE III. PURCHASE AND TRANSFER OF EASEMENT RIGHTS 3.1 Satisfaction of Condition Precedent. To the extent that Article II of this Agreement contains conditions precedent, the Grantor shall be obligated to sell and Grantee to purchase the easement interests subject to the terms and conditions herein upon satisfaction of such conditions precedent. In the absence of such conditions, the obligations of the parties identified herein shall become effective upon the execution of this Agreement. 3.2 Purchase Price. The purchase price of the Easement Interests shall be SIXTY-SD{ THOUSAND EIGHT HUNDRED DOLLARS ($66,800.00) ("Purchase Price"). The Purchase Price includes any severance damage to the remainder of the Property. 3.3 Pre-Closing. Prior to the Closing Date, Grantor shall remove existing deeds of trust or mortgages, if any. The Easement Interests shall not be encumbered in any manner except as follows: a. Taxes and Assessments. General and special real estate taxes and assessments (including, but not limited to, those of the assessment districts referred to in the Article below entitled "Assessment Districts") which aze, in existence as of the Closing Date, and supplemental taxes, if any, assessed pursuant to California Revenue and Taxation Code Section 75, and b. Approved Encumbrances. Any encumbrance agreed to by Grantee, and Easements of Record existing as of the Closing Date. 3.4 Closing. On or before the Closing Date, the Purchase Price shall be paid by Grantee, in Cash, provided the Grantor delivers to the Grantee at the Closing Date fiilly executed deeds for the Easement Interests in the form attached as Exhibit "A" free and cleaz of all encumbrances, except as described in Section 3.3, above. 3.5 Extension of Closing Date. If the Agreement cannot be completed on or before the Closing Date, the Parties may agree in writing to nevertheless complete this transaction when all conditions have been satisfied or waived unless, after the Closing Date, either party to this Agreement receives a written notice to terminate this Agreement, pursuant to Article VII. ARTICLE IV. PRESERVE 4.1 Applicable Laws. To the extent any provision of this Agreement conflicts with the provisions of any permits or approvals, from any state, federal or county agency, the more restrictive provisions shall control unless prohibited by law. Notwithstanding any other provisions herein, the Otay Water District shall be subject to and comply with all applicable state and federal laws and regulations, as well as, other applicable City Municipal Code Sections, including but not limited to the City's HILT Ordinance (CVMC Section 17.35). 4.2 Otay Water District Responsibility. Otay acknowledges and agrees that it should the Otay Water District construct, re-locate improvements and/or facilities, or conduct any activities in the Easement Interests, that Otay shall be solely responsible for complying with any environmental review required under CEQA, applicable state and federal laws, and any 6 8-11 applicable City requirements. Otay further acknowledges and agrees that shall be solely responsible for the mitigation of any temporary and/or permanent impacts within the Easement Interests resulting from the construction or re-location of such facilities and/or improvements including any related activities. 4.3 Impacts to MSCP Covered Species. Otay acknowledges and agrees that any future work within Easement Interests has to potential to impact sensitive biological resources, including impacts MSCP Covered Species and their habitats. Otay further understands that, prior to implementing any construction activities within the Easement Interests, it shall obtain a Take permit from either the Wildlife Agencies or through the City's MSCP Subarea Plan for any impacts to MSCP Covered Species. 4.4 Permits from the City. In the event the City allows any future project within the Easement Interests to be processed under the City's MSCP Subarea Plan, the Otay Water District acknowledges and agrees that it shall fully comply with the City's MSCP Subarea Plan, HLIT permitting requirements, all required mitigation requirements associated with any temporary and/or permanent impacts to MSCP Covered Species and their habitats. Otay further acknowledges and agrees that the City may, in its sole discretion, authorize or deny Take under the City's MSCP coverage for Future Facilities pursuant to Section 6.3 of the City's MSCP Subarea Plan. Mitigation for any temporary and/or permanent impacts to MSCP Covered Species and their habitats processed under the City's MSCP Subazea plan shall be subject to the following provisions: 4.4.1 Mitigation for Temporary Impacts. The Otay Water District acknowledges and agrees that it shall be solely responsible for the mitigation of all temporary impacts associated with the construction of any Future Facilities within the Easement Interests to the satisfaction of the City and the Wildlife Agencies. Mitigation may include, but not limited to, restoration of all temporary impacts areas pursuant to a restoration plan prepared by a qualified biologist familiaz with the City's MSCP Subarea Plan and subject to the City's review and approval. The restoration plan shall include, at a minimum, an implementation strategy; species salvage and relocation, appropriate seed mixtures and planting method; irrigation; quantitative and qualitative success criteria; maintenance, monitoring, and reporting program; estimated completion time; and contingency measures. Otay further acknowledges and agrees that it shall implement the revegetation plan subject to the oversight and approval of the Development Services Director (or their designee). 4.4.2 Mitigation for Permanent Impacts. In the event that the Otay Water District proposes any future activities within the Easement Interests that may result in permanent impacts within the City's MSCP Preserve (as may be amended from time to time) and the City, in its sole discretion, authorizes or denies Take under the City's MSCP coverage for Future Facilities pursuant to Section 6.3 of the City's MSCP Subarea Plan, Otay agrees to provide the City with equitable compensation to offset the impact on the City's MSCP Future Facility acreage allocation. The amount of acreage to be compensated shall be determined based on final engineering design and in consultation with the Wildlife Agencies. 4.5 Development Pemuts, Plans, Maps and Documents. The Otay Water District shall be responsible for all City expenses related to the preparation, review and/or processing of all required permits, plans, maps and documents, and City staff time necessary to site, construct, mitigate, maintain and/or operate any facilities or improvements within the 7 8-12 Easement Interests in accordance with the provisions herein and other applicable requirements. ARTICLE V. TITLE POLICY 5.1 If the Grantee so elects, Grantee may obtain, at its sole expense, a CLTA Owner's policy of title insurance ("Title Policy"), together with any endorsements from Title Insurer, for the Easement Interests in the amount of the total Purchase Price. Within two (2) business days of a request to produce from the Title Insurer to the Grantor, Grantor shall famish such information as required by Title Insurer in order for the Grantee to obtain said Title Policy. ARTICLE VI. PRORATION, FEES, COSTS, AND REIMBURSEMENTS 6.1 Taxes. The Grantee and Grantor represent that it is a public entity exempt from property taxes. ARTICLE VII. TERMINATION OF AGREEMENT 7.1 Termination for Convenience. Notwithstanding any provisions in this Agreement, City or Otay may terminate this Agreement at any time up to two (2) business days prior to the Closing Date fotany reason, by giving specific written notice to the other party of such termination and specifying the effective date thereof. City and Otay hereby expressly waive any and all claims for damages or compensation arising from or as a result of said termination of this Agreement in accordance with this provision. 7.2 Termination for Cause. If, through any cause, either party shall fail to fulfill in a timely and proper manner any obligation under this Agreement, or violate any of its covenants, agreements or conditions, the party not in breach shall have the right, but not the obligation, to terminate this Agreement by giving written notification of such termination and specifying the effective date thereof at least five (5) days before termination. 7.3 Other Remedies. In addition to the option to terminate the Agreement for a breach pursuant to Section 7.2, above, the non-breaching party shall have the right to seek any and all remedies available under equity and law. 7.4 Return Property to Original Condition. If this Agreement is terminated for any reason, Grantee will, immediately after such termination, at Grantee's sole cost, return the Property to its present physical condition or as close thereto as reasonably possible. 7.5 Continuing Obligations. Notwithstanding any provision herein, temunation of this Agreement for any reason will not terminate Grantee's obligations that are intended to survive termination. ARTICLE VIII. ASSESSMENT DISTRICTS 8.1 Grantee s Investigation. It shall be incumbent on Grantee to conduct its own investigation of each and any assessment district that may encumber the Easement Interests and to become familiar with each of the same prior to the execution of this Agreement and through the 8-13 execution of this Agreement, Grantee acknowledges its complete understanding of such encumbrances and accepts the property subject thereto. ARTICLE IX. HAZARDOUS MATERIALS 9.1 Grantor's Representations and Warranties. Grantor represents and warrants that (i) Grantor has no actual knowledge that there has been released on or beneath the Easement Interests or Property any Hazazdous Materials, and (ii) Grantor is not aware of any environmental condition on the Easement Interests or the Property which would be in violation of any applicable federal, state, or local law, ordinance or regulation relating to Hazardous Materials. 9.2 Release of Grantor. a. Release. As a material inducement to Grantor without which Grantor would not have agreed to sell the Easement Interests herein, Grantee for itself and its successors and assigns, hereby fully and forever releases Grantor and each of Grantor's employees, officers, agents, attorneys, or representatives of Grantor ("Released Parties") from any and all present or future liability, claims, demands, actions, causes of acfion and rights (contingent, accrued, inchoate or otherwise) of any kind, whether currently known or not ("Claims") which Grantee may have against any of the Released Parties, arising out of our connected in any way with the actual or alleged presence, use, generation, storage, transportation, release or discharge of Hazazdous Materials on, beneath, above or in the vicinity of the Easement Interests. b. Waiver. Grantee waives and releases Grantor from any and all present or future claims it may have against the Released Parties arising under the Comprehensive Environmental Response, Compensation, Liability Act of 1980 as amended from time to time ("CERCLA") or any other federal, state or local law, whether statutory or common law, ordinance, or regulation, pertaining to the presence, use, generation, storage, transportation, release, discharge or cleanup (including paying he costs thereof) of Hazazdous Materials on, beneath, above or in the vicinity of the Easement Interests. In connection with the foregoing releases, Grantee expressly waives all rights and benefits under California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Grantee's Signature Date Grantor's Initials Grantee represents that it has had the opportunity to discuss the meaning and effect of this 8-14 waiver with legal counsel. Grantee warrants that this waiver is informed, lmowing and voluntary. ARTICLE X. RIGHT TO ENTER 10.1 Right to Enter Property. The City shall have the right to enter the Property in order to exercise its rights identified in Article II; above. This provision in no way shall limit any rights the City may otherwise have to enter property pursuant to existing law. ARTICLE XT. MUTUAL INDEMNITY 11.1 Grantee's Indemnity Obligation. Grantee shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, and agents from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out or related to any negligent acts or omissions or willful misconduct of Grantee, its officials, officers, employees and agents, arising out of or in connection with this Agreement, Grantee's use of the Easements, and any construction, repair, or maintenance of facilifies placed therein. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its elected and appointed officers, employees, and agents. Also covered is liability arising from, connected with, or caused bythe active or passive negligent acts or omissions of the Grantee, its officers, employees, agents, and contractors that may be in combination with the active or passive negligent acts or omissions of the City, its elected and appointed officers, employees, and agents and/or any third party (Joint Negligence). To the extent that active or passive negligent acts or omissions of the Grantee, its officers, employees, agents, and contractors are in combination with the active or passive negligent acts or omissions of the City, its elected and appointed officers, employees, and agents, Grantee's Indemnity obligations under this Agreement shall be reduced in an amount directly proportional to the City's percentage of fault established. 11.2 Grantor's Indemnity Obligation. Grantor shall defend, indemnify, protect and hold hamiless the Grantee, its officers, employees, agents, and contractors from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or related any negligent acts or omissions or willful misconduct of Grantee, its officials, officers, employees and agents, arising out of or in connection with this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attomeys fees) arising from the sole negligence or sole willful misconduct of the Grantee, its officers, employees, agents, and contractors. Also covered is liability arising from, connected with, or caused by the active or passive negligent acts or omissions of the City, its elected and appointed officers, employees, and agents that may be in combination with the active or passive negligent acts or omissions of the Grantee, its officers, employees, agents, and contractors and/or any third party. To the extent that active or passive negligent acts or omissions of the Grantee, its officers, employees, agents, and contractors are in combination with the active or passive negligent acts or omissions of the City, its elected and appointed officers, employees, and agents, Grantee's Indemnity obligations under this Agreement shall be reduced in an amount directly proportional to the City's percentage of fault established. 10 8-15 11.3 Costs of Defense and Award. Included in the obligations in Sections 11.1 and 11.2, above, is the indemnifying parry's ("Indemnitor")'s obligation to defend, at the Indemnitor's own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the patty to whom the indemnity obligation is owed ("Indemnitee"). The Indemnitor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees, for any and all legal expense and cost incurred by each of them in connection therewith. 11.4. Insurance Proceeds. Indemnitors' obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Indemnitees. 11.5. Enforcement Costs. Indemnitor agrees to pay any and all costs Indemnitee incurs enforcing the indemnity and defense provisions set forth in Article XI. 11.6 Survival. Indemnitors' obligations under Article XI shall survive the termination of this Agreement. ARTICLE XII. FURTHER REPRESENTATIONS, WARRANTIES, AND DISCLOSURES 12.1 Basis of Purchase. Grantee acknowledges that it is purchasing the Property in reliance solely on (i) Grantee's inspection of the Property, (ii) Grantee's independent verification of the truth of any documents delivered by Grantor to Grantee and its independent verification of any statements made by Grantor to Grantee concerning the Property and the Easement Interests, and (iii) the Grantee's opinions and advice concerning the Property and the Easement Interests. 12.2 "As Is" Purchase. Grantee is relying solely upon its own inspection, investigation, and analysis of the Easement Interests in entering into this Agreement. The Easement Interests shall be conveyed to Grantee on an "as is" basis. Grantor and its members, officers, managers, affiliates, agents, employees, successors and assigns shall not be liable for any loss, damage, injury or of any kind or character to the Grantee or any person or property, arising from or caused by the Easement Interests, including but not limited to, any of the following matters: a. Soils., Topography, Etc. Soils and geological condition; topography, area and configuration; archeological, prehistoric and historic artifacts, remains and relics; and/or the existence of any endangered species. b. Assessment Districts. The future status of any and all assessment districts that may impact the Easement Interests. c. Entitlements. The ability to receive take authorization or to use the Easement Interests in a manner that may be contemplated by the Grantee. d. County. Any actions taken by the County resulting from the Grantee's purchase of the Easement Interests. 11 8-16 ARTICLE XIII. NOTICES 13.1 Method of Notification. All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid, addressed to the Administrator, or his/her designee, designated below for the respective party. 13.2 Designation and Contact Information. The following, including their respective addresses, are hereby designated as Administrators for the purposes of this Agreement only: Rick Ryals Real Property Manager City of Chula Vista Public Works/Engineering 276 Fourth Avenue Chula Vista, CA 91910 OTAY WATER DISTRICT ATTN: Lisa Colbum 2554 Sweetwater Springs Boulevard Spring Valley, CA 91977-7299 13.3 Changes. If the Administrator, designee or address of either party changes, notice of the change shall be sent to the other party. After the receipt of the notice of change, all future notices or demands shall be sent as required by the notice of change. ARTICLE XIV. GENERAL PROVISIONS 14.1 Headings. All article headings are for convenience only and shall not affect the interpretation of this Agreement. 14.2 Gender & Number. Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine genders and (ii) the singulaz number includes the plural number. 14.3 Reference to Paragraphs. Each reference in this Agreement to a section refers, unless otherwise stated, to a section of this Agreement. 14.4 Incorporation of Recitals and Exhibits. All recitals herein and exhibits attached hereto are incorporated into this Agreement and are made a part hereof. 14.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the part of the Parties shall be deemed to be both covenants and conditions. 14.6 Integration. This Agreement and any exhibits or references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement. No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both Parties or an amendment to this Agreement agreed to by both Parties. All prior negotiations and agreements are merged into this Agreement. 12 8-17 14.7 Severability. in the event that any phrase, clause, pazagraph, section or other portion of this Agreement shall become illegal, null or void, or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, against public policy, or otherwise unenforceable, the remaining portions of this Agreement shall not be affected and shall remain in force and effect to the fullest extent permissible by law. 14.8 Drafting Ambiguities. The Parties agree that they aze aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, .and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision that is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement. 14.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this Agreement and any exhibits, the main body of this Agreement shall control unless prohibited by law. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the exhibits, and laws, rules, regulations, orders, or codes aze not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 14.10 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, but all of which together will constitute one instrument. 14.11 Compliance with Law. Grantee shall, at its sole cost and expense, comply with all the requirements of municipal, state, and federal authorities now in effect or which may hereafter be in effect related to this Agreement. 14.12 Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. This Agreement shall be deemed made and entered into in San Diego County, California. 14.13 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought azising out of this Agreement, against the City unless a claim has fast been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 14.14 No Suit or Arbitration may be brought against the Otay unless a claim has first been presented and filed in writing with the Otay. 14.15 Fees. In the event any action or proceeding shall be instituted in connection with this Agreement, including without limitation the enforcement of any indemnification obligation contained herein, the losing Party shall pay to the prevailing Party a reasonable sum for attorneys' fees and costs incurred in bringing or defending such action or proceeding and/or enforcing any judgment granted. 13 5-18 14.16 Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 14.17 Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a chartered city of the State of California, or of the Otay District as a Municipal Water District. 14.18 Assignment. The Parties shall not assign this Agreement or any right or privilege hereunder to any Party without the express written consent of the other Party. Consent to an assignment by the City or Otay shall not be deemed to be consent to any subsequent assignment. Any such assignment without such consent shall be void. 14.19 Successors. All terms of this Agreement will be binding upon and inure to the benefit of the parties and their respective administrators or executors, successors and assigns. 14.20 No Waiver. No failure of either Party to insist upon the strict performance by the other Party of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition. No waiver of any default hereunder shall be implied from any omission to take any action on account of such default. The consent or approval to or of any act requiring consent or approval shall not be deemed to waive or render unnecessary future consent or approval for any subsequent similar acts. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. 14.21 Additional Rights. No rights other than those specifically identified herein shall be implied from this Agreement. 14.22 Cumulative Remedies. All rights, options, and remedies of the Parties contained in this Agreement shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and the Parties shall have the right to pursue any one or all of such remedies or to seek damages or specific performance in the event of any breach of the terms hereof or to pursue any other remedy or relief which may be provided by law or equity, whether or not stated in this Agreement. 14.23 Good Faith. The Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. 14.24 Not an Offer. Grantor's delivery of unsigned copies of this Agreement is solely for the purpose of review by the parry to whom delivered, and neither the delivery nor any prior communications between the parties, whether oral or written, shall in any way be construed as an offer by Grantor, nor in any way imply that Grantor is under any obligation to enter the transaction which is the subject of this Agreement. The signing of this Agreement by Grantee constitutes an offer, which shall not be deemed accepted by Grantor unless and until 14 8-19 Grantor has signed this Agreement. 14.25 Survival of Provisions. The representations, warranties, agreements and indemnities set forth in this Agreement will remain operative, will be deemed made at the Closing Date and will survive the closing and the execution and delivery of Grantor's easement. deed. 14.26 Authority of Signatories. Grantee and Grantor each represent that: (i) the individuals executing this Agreement have the legal capacity to enter into this Agreement and are authorized to do so on behalf of each of their respective entities in accordance with an adopted resolution and (ii) this Agreement is binding upon the entities in accordance with its terms of its Charter or operating provisions. [SIGNATURE PAGE FOLLOWS] 15 8-20 SIGNATURE PAGE OF PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND THE OTAY WATER DISTRICT This Agreement has been executed in San Diego County, California, as of the date set forth at the beginning hereof. GRANTOR: THE CITY OF CHULA VISTA, a Califomia municipal corporation By: GRANTEE OTAY WATER DISTRICT a Municipal Water District By Title Title Approved as to form: Glen Googins, City Attorney Attest: Donna Norris City Clerk 16 8-21 EXHIBIT "A" RECORDING REQUESTED BY AND AFTER RECORDATION MAIL TO: For Recorder's Use OTAY WATER DISTRICT 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CA 91977-7299 Documentary Transfer Tax: None (Exempt under Rev & Tax Code Section 11922) GRANT OF PERMANENT EASEMENT AND RIGHT-OF-WAY TO OTAY WATER DISTRICT APN: 644-080-11 For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION , as Grantor(s) hereby GRANT(S) to OTAY WATER DISTRICT, a municipal water district formed under the Municipal Water District Law of 1911, as amended, situated in the County of San Diego, State of California, as Grantee, a permanent easement and right to occupy the surface and subsurface of the easement for the purpose of constructing, installing, operating, repairing and replacing a water pipeline or pipelines, together with related meters, valves, vaults, vents, and other appurtenant fixtures, including all underground and surface structures appurtenant to said water lines, including but not limited to power lines for transmission and communication purposes related to Grantee's operations, pumps, regulators, valves, hereinafter referred to as "said facilities" together with the right of unobstructed ingress and egress therefrom and the right to keep the easement area at all times clear of buildings, structures and other objects which occupy or physically intrude on the land (either permanently or temporarily) and from toxic or hazardous materials, trees and other objects or growths detrimental to the uses herein granted. Said easement is described and/or depicted as follows: See Exhibits 'A' and 'B' attached hereto and made a part hereof Grantor reserves the right to use said land at Grantor's own risk for any and all purposes not conflicting, interfering or inconsistent with Grantee's use of said facilities. Grantor waives any right under Civil Code section 845, and any right to compel Grantee to grade, surface or otherwise improve or maintain said easement area as a roadway. Grantor shall not increase or decrease or permit to be increased or decrease the ground elevations of said easement existing at the time this document is executed, nor construct or permit to be constructed any permanent building, OWD EASEMENT NO. OWD CIP 82087-OOl l02 8-22 structures, improvements or other encroachment upon said easement which will cause damage to or threaten the safety of any of said facilities of Grantee placed within the easement. Grantee may remove from the easemment, without liability, any building, structure, improvement or other encroachments thereon conflicting, interfering or inconsistent with its use for the purposes hereby granted. Grantee shall have the right. to install its own gates and locks in all fences which now cross or may hereafter cross said easement. Grantor, or its succesors in interest, shall be solely responsible for maintaining the surface area of the easement free and clear of debris, plants, or any other items not placed within the easement by Grantee. Grantor may use said land as a driveway and to the extent of such use may surface or pave the area, subject only to the restrictions as to changes in existing ground elevations set forth above. Grantor may, at Grantor's expense, and subject to Grantee's prior written consent, relocate the above mentioned facilities in the event such conflict with future development of said property, provided that Grantor does not cause discontinuance of service to any area, and provided, further, that Grantee receives, without expenses to Grantee, an easement comparable to this easement for said relocated facilities. If Grantor needs to relocate or remove the facilities, it shall comply with all applicable provisions of law. Grantee shall never be required to relocate or alter in any way the facilities installed pursuant to this grant of easement, or to bear any cost in connection therewith as a result of changes in the location of any said facilities. The Grantor, for the Grantor and Grantor's successors and assigns, hereby waives any claim for any and all damages to the Grantor's remaining property contiguous to the Easement by reason of the location, construction, installation of the reclaimed water line, or other project improvements on the Easement. Grantee shall have the right to transfer and assign all or a portion of this easement to its successor in interest, or to any other political subdivision or public utility for use of the above stated purpose. Date: , 2010 By: By: [Each signature of Grantor must be acknowledged in the form attached hereto] OWD EASEMENT NO. OWD C[P R2087-001102 8-23 GRANTOR'S SIGNATURE ACKNOWLEDGEMENT State of California ) ss County of ~ ) On before me, DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) OWD EASEMENT NO. OWD CIP R2087-001102 8-24 DISTR)CT CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant of Easement of Right of Way to Otay Water District dated , 2010 from THE CITY OF CHULA VISTA to OTAY WATER DISTRICT, a municipal water district, is hereby accepted by order of the Board of Directors pursuant to the authority conferred by Resolution No. 1829, adopted on February 23, 1981, and the grantee consents to recordation thereof by its duly authorized officer. Date: By: Susan Cruz, District Secretary O WD EASEMENT N0. OWD CIP 82087-001102 8-25 EXHIBIT "A" LEGAL DESCRIPTION PIPELINE AND CONSTRUCTION EASEMENT PAGE 1 OF 2 ALL THAT PORTION OF LOT 4, IN OTAY RANCHO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER, FEBRUARY 7, 1900, BEING DESCRIBED AS FOLLOWS: PARCEL A (PIPELINE EASEMENT) BEGINNING AT THE SOUTHWEST CORNER OF A 20.00' FOOT WIDE STRIP OF LAND GRANTED TO THE OTAY WATER DISTRICT, REFERRED TO AS PARCEL 1 (PIPELINE EASEMENT) IN DOCUMENT NO. 1997-0324833 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF A 100.00' FOOT RIGHT OE WAY GRANTED TO THE CITY OP SAN DIEGO IN A DEED RECORDED JANUARY 31, 1913 IN BOOK 598 PAGES 54 THROUGH 83 OF OFFICIAL RECORDS, NORTH 74°11'05" WEST 36.40' FEET; THENCE LEAVING SAID NORTHERLY LINE, NORTH 18°40'31" WEST 42.88' FEET; THENCE NORTH 26° 15'37" EAST 20.37' FEET TO A LINE PARALLEL WITH TAE WESTERLY LINE OF SAID 20.00' FOOT STRIP; THENCF. ALONG SAID PARALLEL LINE, NORTH 18°40'31" WEST 225.14' FEF,T; THENCE NORTH 73°22'24" EAST 241.37' FEET; THENCE NORTH 18°52'53" WEST 845.63' FEET; THENCE NORTH 73°22'24" EAST 274.21' FEET; THENCE NORTH 18°53'14" WEST 483.31' FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 66°13'32" EAST 15.93' FEET TO THE WESTERLY LINE OF SAID 20.00' STRIP; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID 20.00' FOOT STRIP TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS 0.610 ACRES, MORE OR LESS. PARCEL B (TEMPORARY CONSTRUCTION EASEMENT) A STRIP OF LAND 50.00' FEET WIDE, THE WESTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF A 20.00' FOOT WIDE STRIP OF LAND GRANTED TO THE OTAY WATER DISTRICT, REFERRED TO AS PARCEL 1 (PIPELINE EASEMENT) IN DOCUMENT 1997-0324833 OF OFFICIAL RECORDS; THENCE ALONG THE NORTH LINE OF A 100.00' FOOT RIGHT OF WAY GRANTED TO THE CITY OF SAN DIEGO IN A DEED RECORDED JANUARY 31, 1913 IN BOOK 598 PAGES 54 THROUGH 83 OF OFFICIAL RECORDS, NORTH 74°11'05" WEST 79.60' FEET' TO THE TRUE POINT OF BEGINNING; THENCE NORTH 18°40'31" WEST 309.80' FEET; THENCE NORTH 73°22'24" EAST 241.18' FEET; 'THENCE NORTH 18°52'53" WEST 845.63' FEET; THENCE NORTH 73°22'24" EAST 274.20' FEET; THENCE NORTH 18°53'14" WEST 477.20' FEET; THENCE NORTH 66°13'32" EAST 66.11' FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00' FOOT WIDE STRIP OF LAND GRANTED TO THE OTAY WATER DISTRICT, SAID POINT BEING THE TERMINUS. $-26 EXHIBIT "A" LEGAL DESCRIPTION PIPELINE AND CONSTRUCTION EASEMENT PAGE 2 OF 2 THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE WESTERLY LINE OF SAID 20.00' FOOT WIDE STRIP OF LAND GRANTED TO THE OTAY WATER DISTRICT AND THE NORTHERLY LINE OF SAID 100.00' FOOT RIGHT OF WAY GRANTED TO THE CITY OF SAN DIEGO. EXCEPTING THEREFROM THAT PORTION LYING WITH PARCEL A DESCRIBED HEREINABOVE. THE ABOVE DESCRIBED EASEMENT CONTAINS 2.488 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B", ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART HEREOF. DATED THIS 22vfl DAY OF ~~'~UAKY , 2010 l~li1~ry ~y J , e~ "1 ~ ~ ~ r EXP. 12/31/10 8-27 EXHIBIT "B" PAGE 1 OF 2 PLAT PIPELINE AND TEMPORARY CONSTRUCTION EASEMENT SEE PAGE 2 N/F '' CITY OF CHULA VISTA APN 644-080-11-00 OO4Ca1S7 G~l^1MC~fnIOO G~1L.1p LJOO o £36~ dOO 4 4 2 LEGEND ` INDICATES PROPERTY LINE `\ \ INDICATES EXISTING EASEMENT LINE \ \y\ INDICATES NEW EASEMENT LINE 1~\ y ~ INDICATES PIPELINE EASEMENT y 'gyp, ~ ~ PARCEL A ' cP N. N N ~,_ INDICATES TEMPORARY CONSTRUCTION ~ ~': ~ EASEMENT PARCEL B W: ~z ~ ~ cn P ~ CP ~ ? F ~ ~ O~ CP. .~ W "'• N /F ^ CITY OF SAN DIEGO / A.P.N. 644-080-OS J Z,L~. Z~~.. N,3 577'2224.W O ? N /F ~ y w CITY OF SAN DIEGO =Ij ~ y o• ~ A.P.N. 644-080-03 i J. ~ < ~- f o-~N ~ ~ %~`~ r, PARCEL 1 PER DOC. $ 'a `~.N ~• W / 7997-0324833 TPOB ~. OD WlD PAIi!CF~ B~ DEEOR~GNT COF OF S \ Bk Sg RECD Wq qN DI 8 pG SRDED ~ Y pER ECp \ N> 4 ?0 8330E 13 ~N ~ T DEEDS \ QOo ~ f3S~~g \\ N/F OTAY WATER DISTRICT DOC. # 96-903561 A.P.N. 644-080-12 A 8 \ PARCEL B PER DOC. # \ 2009-0151856 'ARCEL A PER DOC. # 2009-0151856 OTAY WATER DISTRICT DATE: 02/22/2010 8-28 EXHIBIT 'B" PLAT PAGE 2 OF 2 PIPELINE AND TEMPORARY CONSTRUCTION EASEMENT N66'13'32"E 66.11'~~ ~~ ~~ ~, ~2p'E ~~ LEGEND INDICATES PROPERTY LINE ----INDICATES EXISTING EASEMENT LINE N66'13'32"E 75.93' INDICATES NEW EASEMENT LINE INDICATES PIPELINE EASEMENT PARCEL A INDICATES TEMPORARY CONSTRUCTION EASEMENT PARCEL B O I~ d04 4 OO 4L1^ S7 G3pfn7G~'G;l 00 G~JC^1P G70O o £363 N/F CITY OF CHULA VISTA A.P.N. 644-080-7 7 Exp.12 31 10 No 8483 SEE PAGE 1 5~$5 1a ~ \ \ ~ ~ ~ \ \ \ ~ \ \ ~ \ \ \ ~ \ \ \ ~ \ \ \ ~ \ \ \ ~ \ \ \ ~ ~ \ \ ~ ~ \ \ \ ~ ~ ~ ~ ~ \ \ ~ ~ \ \ ~ \ \ \ N F ` \~CITY OF SAN DIEGO ~ ~ w A.P.N. \ 44-100-06 ~~ n, n, ~~ ~ ~ ~ m ~ ~ ~ o, W `~, \~ \~~ \~ ~_ o. \ ~ ~ \\ PARCEL 1 PER DOC. # 1997-0324833 N/F CITY OF SAN DIEGO A.P.N 644-080-OS OTAY WATER DISTRICT DATE: 02/22/2010 8-29 EXHIBIT "A" RECORDING REQUESTED BY AND AFTER RECORDATION MAIL TO: For Recorder's Use OTAY WATER DISTRICT 2554 SWEETWATER SPRINGS BOULEVARD SPRING VALLEY, CA 91977-7299 Documentary Transfer Tax: None (Exempt under Rev & Tax Code Section 11922) TEMPORARY CONSTRUCTION EASEMENT TO OTAY WATER DISTRICT APN: 644-080-11 For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, as Grantor(s) hereby GRANT(S) to OTAY WATER DISTRICT, a municipal water district formed under the Municipal Water District Law of 1911, as amended, situated in the County of San Diego, State of California, as Grantee, and to Grantee's contractors, a temporary construction easement ("Easement") and the right to access, use and occupy the surface and subsurface of said easement for a period of twelve (12) months, commencing upon Grantor's receipt of written notice from Grantee of commencement of construction activity. The Easement is located in the County of San Diego, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto and made a part hereof. The Easement and right of access shall extend to all acts necessary for the purpose of constructing a recycled water line and related appurtenant structures associated with the Otay Mesa Recycled Water Supply Link Project. Grantor further grants to Grantee the right of unobstructed ingress and egress to the Easement, including the right to pass and re-pass over and along the Easement and to deposit tools, implements and other materials on the Easement and to utilize construction, automotive and other equipment thereon when necessary for the purpose of exercising its rights hereunder. Upon completion of any work, for the purposes and uses herein granted, Grantee shall restore, at Grantee's expense, the surface of the Easement to a compacted, neat, clean condition, but not necessarily the same condition as prior to such work, and shall replace any fencing or other improvements removed by Grantee or Grantee's contractors. O W D EASEMENT NO. OWD CIP R2087-001 l02 8-30 The rights and obligations contained herein shall inure to the benefit of and be binding upon the successors-in-interest, agents, employes, assigns, and transferees of the parties hereto. IN WITNESS WHEREOF, Grantor has executed this Grant of Temporary Construction Easement as of this day of By: By: 2010. [Each signature of Grantor must be acknowledged in the form attached hereto] OWD EASEMENT NO. OWD C[P R2087-001102 8-31 GRANTOR'S SIGNATURE ACKNOWLEDGEMENT State of California ) `-- ss County of ) On before me, DATE personally appeared NAME(S) OF NAME, TITLE OF OFFICER - E.G.,'7ANE DOE, NOTARY PUBLIC" who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) O WD EASEMENT NO. OWD CIP R2087-001102 8-32 DISTRICT CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant of Easement of Right of Way to Otay Water District dated , 2010 from THE CITY OF CHULA VISTA to OTAY WATER DISTRICT, a municipal water district, is hereby accepted by order of the Board of Directors pursuant to the authority conferred by Resolution No. 1829, adopted on February 23, 1981, and the grantee consents to recordation thereof by its duly authorized officer. Date: By Susan Cruz, District Secretary 0 W D EASEMENT N0. O W D CIP R2087-001102 8-33 EXHIBIT "A" LEGAL DESCRIPTION PIPELINE AND CONSTRUCTION EASEMENT PAGE 1 OF 2 ALL THAT PORTION OF LOT 4, IN OTAY RANCHO, IN THE COUNTY OF SAN DHsGQ STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THF. COUNTY RECORDER, FEBRUARY 7, 1900, BEING DESCRIBED AS FOLLOWS: PARCEL A (PIPELINE EASEMENT) BEGINNING AT THE SOUTHWEST CORNER OF A 20.00' FOOT WIDE STRIP OP LAND GRANTED TO THE OTAY WATER DISTRICT, REFERRED TO AS PARCEL 1 (PIPELINE EASEMENT) IN DOCUMENT NO. 1997-0324833 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF A 100.00' FOOT RIGHT OF WAY GRANTED TO THE CITY OF SAN DIEGO IN A DEED RECORDED JANUARY 31, 1913 IN BOOK 598 PAGES 54 THROUGH 83 OF OFFICIAL RECORDS, NORTH 74°11'05" WEST 36.40' FEET; THENCE LEAVING SAID NORTHERLY LINE, NORTH 18°40'31" WEST 42.88' FEET; THENCE NORTH 26° 15'37" EAST 20.37' FEET TO A LINE PARALLEL WITH THE WESTERLY LINE OF SAID 20.00' FOOT STRIP; THENCE ALONG SAID PARALLEL LINE, NORTH 18°40'31" WEST 225.14' FEET; THENCE NORTH 73°22'24" EAST 241.37' FEET; THENCE NORTH 18°52'53" WEST 845.63' FEE'1; THENCE NORTH 73°22'24" EAST 274.21' FEET; THENCE NORTH 18°53'14" WEST 483.31' FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 66°13'32" EAST 15.93' FEET TO THE WESTERLY LINE OF SAID 20.00' STRIP; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID 20.00' FOOT STRIP TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED EASEMENT CONTAINS 0.610 ACRES, MORE OR LESS. PARCEL B (TEMPORARY CONSTRUCTION EASEMENT) A STRIP OF LAND 50.00' FEET WIDE, THE WESTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF A 20.00' FOOT WIDE STRII' OF LAND GRANTED TO THE OTAY WATER DISTRICT, REFERRED TO AS PARCEL 1 (PIPELINE EASEMENT) IN DOCUMENT 1997-0324833 OF OFFICIAL RECORDS; THENCE ALONG THE NORTH LINE OF A 100.00' FOOT RIGHT OF WAY GRANTED TO THE CITY OF SAN DIEGO IN A DEED RECORDED JANUARY 31, 1913 IN BOOK 598 PAGES 54 THROUGH 83 OF OFFICIAL RECORDS, NORTH 74°1 P05" WEST 79.60' FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 18°40'31" WEST 309.80' FEET; THENCE NORTH 73°22'24" EAST 241.18' FEET; 'THENCE NORTH 18°52'53" WEST 845.63' FEET; THENCE NORTH 73°22'24" EAST 274.20' FEET; THENCE NORTH 18°53'14" WEST 477.20' FEET; THENCE NORTH 66°13'32" EAST 66.11' FEET TO A POINT IN THE WESTERLY LTNE OF SAID 20.00' FOOT WIDE STRIP OF LAND GRANTED TO THE OTAY WATER DISTRICT, SAID POINT BEING THE TERMINUS. 8-34 EXHIBIT "A" LEGAL DESCRIPTION PIPELINE AND CONSTRUCTION EASEMENT PAGE 2 OF 2 THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SIIORTENED SO AS TO TERMINATE IN THE WESTERLY LINE OF SAID 20.00' FOOT WIDE STRIP OF LAND GRANTED TO THE OTAY WATER DISTRICT AND THE NORTHERLY LINE OF SAID 100.00' FOOT RIGHT OF WAY GRANTED TO THE CITY OF SAN DIEGO. EXCEPTING THEREFROM THAT PORTION LYING WITH PARCEL A DESCRIBED HEREINABOVE. THE ABOVE DESCRIBED EASEMENT CONTAINS 2.488 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B", ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART HEREOF. DATED THIS 22NC DAY OF 'F~'~ZUA~~ , 2010 LPND 'r A A J ~ m * EXP. 12/31/10 5-35 EXHIBIT '~B° PAGE 1 OF 2 PLAT PIPELINE AND TEMPORARY CONSTRUCTION EASEMENT SEE PAGE 2 ~ LEGEND INDICATES PROPERTY LINE N/Fi CITY OF CHULA VISTA ~ ----INDICATES EXISTING EASEMENT LINE APN 644-080-11-00 \ INDICATES NEW EASEMENT LINE \~(\ y ~ ~ INDICATES PIPELINE EASEMENT y 'op, ~ PARCEL A ~ c3` N. O4p~ G3~MC~G~O ~` ~• ~,_ INDICATES TEMPORARY CONSTRUCTION N' EASEMENT PARCEL B aNn1Qp MOO a L36t3 v, `~. w 60044 ~ ~ > ~ ~, m iDrn. .~ u. "'• N/F ^ CITY OF SAN DIEGO / A.P.N. 644-080-08 O ,I 2 w, o. ~a ~0p W/pe RfG C/Ty BKpEEO RE T,OF~ OF SqN \ 598 pG ORDeDWgY pERlEGp \ N7 Sq Tp 83 OF f3 /N `~ pEfOS \ ~?~~ ~ \\ N /F OTAY WATER DISTRICT DOC. # 96-903561 A.P.N. 644-080-12 N/F CITY OF SAN DIEGO A.P.N. 644-080-03 PARCEL 1 PER DOC. # 1997-0324833 A PARCEL B .\ 6405 \ PARCEL B PER DOC. # \ 2009-0151856 Exp. 12 31 10 No. 8483 ARCEL A PER DOC. # 2009-0151856 OTAY WATER DISTRICT DATE: 02/22/2010 8-36 EXHIBIT "B" PLAT PIPELINE AND TEMPORARY CONSTRUCTION N6fi'13'32"E 66.11' ~~ ~ ~ LEGEND INDICATES PROPERTY LINE I ---- INDICATES EXISTING EASEMENT LINE N66'13'32"E 15.93' INDICATES NEW EASEMENT LINE INDICATES PIPELINE EASEMENT PARCEL A INDICATES TEMPORARY CONSTRUCTION EASEMENT PARCEL B 0 Qi' dOO 4 ~ OO4Q17 ppG.9G~'G{IOO G,~IQp a0o t)6~3 N/F CITY OF CHULA VISTA A.P.N. 644-080-11 PAGE 2 OF 2 EASEMENT \ 1~y3 0 ~ 5 5p ~ ~ \ ~ \ \ \ \\ ~\ ~~ ~ ~ ~ \ \ \ \ \ \ \ \ ~ \ \ \ ~ \ \ \ ~ \ \ \ ~ ~ \ \ ~ ~ \ \ ~ ~ \ \ 2 V \ \ \ \ \ \ w. ? ~ \ N/F ~ YCITY OF SAN DIEGO ~Y A, ~ W A.P.N. 644-100-06 ~ ~ Y 'P: n, ~ ~ \ ~ ~ \ ~ ~ ~ n ~ ~ \ ~. o. ~ \ ~ ~ ~ \\ PARCEL 1 PER DOC. /~ 1997-0324833 Exp.12 31/10 No 8483 N/F CITY OF SAN DIEGO A.P.N 644-080-08 U~~ ~~ ~ ~ ~ SEE PAGE 1 OTAY WATER DISTRICT DATE: 02/22/2010 8-37 RESOLUTION NO. 2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN OFFER FROM THE OTAY WATER DISTRICT TO PURCHASE EASEMENTS ACROSS CITY OWNED LAND FOR WATER PIPELINE WHEREAS, the City of Chula Vista is the fee owner of that certain real property more particularly described as San Diego County Assessor's Parcel Nos. 644-080-11 in the City of Chula Vista, County of San Diego, State of California (City Land); and WHEREAS, the Otay Water District (Water District) is a local water district serving parts of Chula Vista as well as other azeas within San Diego County, and WHEREAS, The Water District is dedicated to increasing its delivery of recycled water for irrigation to customers within its jurisdictional area, and the Wueste Road pipeline, when built, will provide a link for the delivery of recycled water to the District's customers in Otay Mesa, and WHEREAS, a portion of the alignment of this pipeline crosses the herein described City Land and the Water District requires a permanent Easement (0.61 acres) and a Temporary Construction Easement (2.488 Acres) From the City, and WHEREAS, the Water District has offered to purchase those easements from the City for a purchase price of $66,800, as supported by an appraisal reviewed and approved by City Staff. NOW, THEREFORE, the City Council of the City of Chula Vista does, contingent upon similar action by the governing Board of the Otay Water District, hereby accept the offer from the Water District to purchase easements across the City Land and authorizes the execution of the Purchase Agreement and Easement Deeds with any inor corrections as deemed necessary by the City Attorney. ,~ Presented by Richard A. Hopkins Director of Public Works R. as to 8-38