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HomeMy WebLinkAboutReso 1990-15517 RESOLUTION NO. 15517 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH THE U. S. FISH AND WILDLIFE SERVICE FOR A FLOWTHROUGH SEAWATER PUMP STATION AND DISTRIBUTION SYSTEM FOR THE CHULA VISTA NATURE INTERPRETIVE CENTER The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Chula Vista Nature Interpretive Center is now completing the final permit requirements to all ow the construction of its flowthrough seawater system, and WHEREAS, the attached easement agreement between the City, the Bayfront Conservancy Trust and the U. S. Fish and Wildlife Service allows the seawater system to cross the Sweetwater National Wildlife Refuge. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the execution of an easement agreement with the U. S. Fish and Wildlife Service for a flowthrough seawater pump station and distribution system for the Chula Vista Nature Interpretive Center, a copy of which is attached hereto and incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said easement agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Executive Director, Bayfront Assistant City Attorney Conservancy Trust Resolution No. 15517 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of February, 1990 by the following vote: AYES: Councilmembers: Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: McCandliss, Malcolm ABSTAIN: Councilmembers: None rego F ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15517 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 13th day of February, 1990. Executed this 13th day of February, 1990. Resolution No. 15517 Page 3 UNITED STATES DEPARTMENT OF THE INTERIOR U.S. FISH AND WILDLIFE SERVICE OUTGRANT EASEMENT For a Flowthrough Seawater Pump Station and Distribution System for the Chula Vista Nature Interpretlye Center. The Secretary of the Interior, through his authorized representative, the · Regional Director, U.S. Fish and Wild]ire Service, in accordance with applicable authorities, and regulations published in Title 50 Code of Federal Regulations, Chapter 29.21 (October, 1, 1988), for and in consideration of the sum of $1.00 and other valuable benefits, hereby grants to BAYFRONT CONSERVANCY TRUST, herein designated the Grantee, an easement to use and occupy certain ]ands of the United States known as Sweetwater Marsh National Wildlife Refuge, California, for the purpose of locating, constructing, operating, and maintaining a flowthrough seawater pump station and intake, outfall, and distribution system as described and depicted in ENTARTEC Consulting Engineers, Inc., drawings SW- 1 through SW-7, job number NIC 01.10, dated 3/3/88, and text supporting these drawings. The land is generally described as lying within Quarter Section 180, Rancho De La Nacion, City of Chu]a Vista, San Diego County, California, in the vicinity and southerly of the mouth of the Sweetwater River; more particularly described as beginning at the true point of beginning of Parcel "A" described in document recorded June 30, 1986 as file no. 86-267505; thence along the boundary of said Parcel "A" North 80'12'58" West, 39.05 feet; thence North 00'15'26" East, 140.20 feet to the true point of beginning of herein described easement; thence leaving the Westerly line of said Parcel "A" South 34'11'37" West 611.09 feet; thence South 04'14'59" East, 175.22 feet, thence North 47'47'22" East, 12.65 feet; thence 42'12'38" East, 15.38 feet; thence South 47'47'22" West, 25.33 feet; thence North 42'12'38" West 2.62 feet; thence South 40'33'36" West 87.60 feet to the ordinary high water line; thence North 49'26'24" West, 10.00 feet along the ordinary high water line; thence North 40'33'36" East, 88.67 feet, thence North 42'12'38" West, 2.63 feet; thence North 04'14'59" West, 186.51 feet; thence North 34'11'37" East, 629.44 feet to a point on the Westerly line of said Parcel "A"; thence along said Westerly line South 00'15'26" West, 17.91 feet to the true point of beginning of herein described easement; and depicted in Exhibits A and B, attached hereto and made a part hereof. The total acreage of the easement is approximately 0.21 acres. This easement shall carry with it the right of ingress and egress to and from and access on and along said land with right to use existing roads for the purposes set forth previously, and removal or replacement of same in whole or in part with notification of the refuge. This easement is for a period of 50 years from the date of signing by the Regional Director, Fish and Wild]ire Service. The Grantee agrees to abide by the Terms and Conditions set forth in Exhibit C, and the Special Terms and Conditions set forth in Exhibit D, attached hereto and made a part hereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 19 THE UNITED STATES OF AMERICA Regional Director U.S. FISH AND WILDLIFE SERVICE Resolution. No., 15~171 Page 4 The above instrument together with all terms and conditions thereof, is hereby accepted \~k day of ~z~-~a~u-~3k. , 19r4,~3 BAYFRONT CONSERVANCY TRUST CITY OF CHULA VISTA, CALIFORNIA CORPORATION ACKNOWLEDGEMENT STATE OF CALIFORNIA, COUNTY OF 5<xn'b~'e~o , ) SS. personaJly appeared .. and , personally known to me or prov^~ to me on *he b~cia of ~atiDfaeWry ovidcnoc ~ be the person~ who executed the within instrument as the and , respectively, of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the - within instrument pursuant ~ its by-laws or a resolution of its board of direc~rs. WITNESS my hand and official seal. Olr~7~:~-~ ..... ( '~n ture) My c~mm expir~ :'A'I '5 :"' I ACKNOWLEDGEMENT ST~TE OF C~LZFOR~A, COUNTY O~' 5a~,~O , ) ss. 0n ~ 14 , I~0 , before me pe~sona]]i appeaPed ~f f ~ - Cox , Malo~ of~e City of Chula Vis~, known ~ me ~ be th~described and who executed the fo~e~oln~ instrument and acknowledged ~ me he executed the same as his free act and deed. WITNESS m~ hand and official seal Resolution No. 15517 Page 5 EXHIBIT A Resolution No. 15517 Page 6 EXHIBIT B ' . ~.' Resolution No. 15517 Page 7 Exhibit C TERMS AND CONDITIONS (50 CFR 29.21-4, 1 October, 1988) (a) Any right-of-way, easement, or permit granted will be subject to out- standing rights, if any, in third parties. (1) To comply with State and Federal laws applicable to the project within which the easement or permit is granted, and to the lands which are included · in the easement or permit area, and lawful existing regulations thereunder. (2) To clear and keep clear the ]ands within the easement or permit area to the extent and in the manner directed by the project manager in charge; and to dispose of all vegetative and other material cut, uprooted, or otherwise accumulated during the construction and maintenance of the project in such a manner as to decrease the fire hazard and also in accordance with such instructions as the project manager may specify. (3) To prevent the disturbance or removal of any public ]and survey monu- ment or project boundary monument unless and until the applicant has requested and received from the Regional Director approval of measures the applicant will take to perpetuate the location of aforesaid monument. (4) To take such soil and resource conservation and protection measures, including weed control on the ]and covered by the easement or permit as the project manager in charge may request. (5) To do everything reasonably within his power, both independently and on request of any duly authorized representative of the United States, to prevent and suppress fires on or near land to be occupied under the ease- ment or permit area, including making available such construction and maintenance forces as may be reasonably obtainable for the suppression of such fires. (6) To rebuild and repair such roads, fences, structures, and trails as may be destroyed or injured by construction work and, upon request by the Regional Director, to build and maintain necessary and suitable crossings for all roads and trails that intersect the works constructed, maintained, or operated under the easement or permit. (7) To pay the United States the full v~]ue for a]] damages to the ]ands or other property of the United States caused by him or his employees, con- tractors, or agents of the contractors, and to indemnify the United States against any liability for damages to life, person, or property arising from the occupancy or use of the ]ands under the easement or permitt except where the easement or permit is granted hereunder to a State or other governmental agency which has no legal power to assume such a liability with respect to damages caused by it to lands or property, such agency in lieu thereof agrees to repair all such damages. Where the easement or permit involves lands which are under the exclusive jurisdiction of the United States, the holder or his employees, contractors, or agents of the contractors, shah be liable to third parties for injuries incurred in connection with the easement or permit. area. Grants of easement or permits involving special hazards will impose liability without fault for injury and damage to the land and property of the United States up to a specified maximum limit commensurate with the foreseeable risks or hazards presented. The amount of no-fault liability for each occurrence is hereby limited to-no more than $1,000,000.00. (8) To notify promptly the project manager in charge of the amount of met- charitable timber, if any, which will be cut, removed, or destroyed in the Resolution No. 15517 Page 8 construction and maintenance of the project, and to pay the United States in advance of construction such sum of money as the project manager may determine to be the full stumpage value of the timber to be so cut, removed, or destroyed. (9) That all or any part of the easement or permit granted may be suspended or terminated by the Regional Director for failure to comply with any or all terms and conditions of the grant, or for abandonment. A rebuttable pre- · sumpriori of abandonment is raised by deliberate failure of the holder to use for any continuous 2-year period the easement or permit for the purpose for which it was granted or renewed. In the event of nqncompliance or abandon- ment, the Regional Director will notify in writing the holder of the easement or permit of his intention to suspend or terminate such grant 60 days from the date of the notice, stating the reasons therefor, unless prior to that time " the holder completes such corrective actions as are specified in the notice. The Regional Director may grant an extension of time within which to complete corrective actions when, in his judgment, extenuating circumstances not within the holder's control such as adverse weather conditions, disturbance to wild- life during breeding periods or periods of peak concentration, or other compelling reasons warrant. Should the holder of a right-of-way issued under authority of the Mineral Leasing Act, as amended, fail to take correc- tive action within the 60-day period, the Regional Director will provide for an administrative proceeding pursuant to 5 U.S.C. 554, prior to a final Departmental decision to suspend or terminate the easement or permit. In the case of all other right-of-way holders, failure to take corrective action within the 60-day period will result in a determination by the Regional Director to suspend or terminate the easement or permit. No administrative proceedings ' shall be required where the easement or permit terminates under its terms. (10) To restore the land to its original condition to the satisfaction of the Regional Director so far as it is reasonably possible to do so upon revocation and/or termination of the easement or permit, unless this requirement is waived in writing by the Regional Director. Termination also includes permits or easements that terminate under the terms of the grant. (11) To keep the project manager informed at all times of his address, and, in case of corporations, of the address of its principal place of business and the names and addresses of its principal officers. (12) That in the construction, operation,; and maintenance of the project, he shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin and shall require an identical provision to be included in all subcontracts. (13) That the grant of easement or permit shall be subject to the express condition that the exercise thereof will not unduly interfere with the manage- ment, administration, or disposal by the United States of the land affected thereby. The applicant agrees and consents to the occupancy and use by the United States, its grantees, permittees, or lessees of any part of the easement or permit area not actually occupied for the purpose of the granted rights to the extent that it does not interfere with the full and safe utilization thereof by the hqlder. The holder of an easement or permit also agrees that author- ized representatives of the United States shall have the right of access to the easement or permit area for the purpose of making inspections and monitoring the construction, operation, and maintenance of facilities. ~~ (14) That the easement or permit he~ein granted shall be subject to the express covenant that any facility constructed thereon will be modified or adapted, if such is found by the Regional Director to be necessary, without liability or expense to the United States, so that such facility will not conflict Resolution No. 15517 Page 9 with the use and occupancy of the land for any authorized works which may hereafter be constructed thereon under the authority of the Untied States. Any such modification will be planned and scheduled so as not to interfere unduly with or to have minimal effect upon continuity of energy and delivery requirements. (15) That the easement or permit herein granted shall be for the specific use described and may not be construed to include the further right to authorize , any other use within the easement or permit area unless approved in writing by the Regional Director. CONSTRUCTION (A) If construction is not commenced within two (2) years after date of right-of-way grant, the right-of-way may be cancelled by the Director of the U.S. Fish and Wildlife Service at his discretion. (b) Proof of construction: Upon completion of construction, the applicant shall file the attached Certificate of Completion with the Regional Director. Exhibit D Special Terms and Conditions (1) Any cultural and/or paleontological resource (historic or prehistoric site or object) discovered by the holder, or any person working on his behalf, on public or Federal land shall be immediately reported to the authorized officer, Refuge Manager, Sweetwater Marsh National Wildlife Refuge (619) 575-1290. Holder shall suspend all operations in the immediate area of such discovery until written authorization to proceed is issued by the authorized officer. An evaluation of the discovery will be made by the authorized officer to deter- mine appropriate actions to prevent the loss of significant cultural or scientific values. The holder will be responsible for the cost of evaluation and any decision as to proper mitigation measures will be made by the authorized officer after consulting with the holder. (2) A block wall shall be placed around the perimeter of the seawater pump station to reduce potential noise levels emitted by the operation of the pump that may affect avian vocalizations including the California clapper rail. The block wall shall be erected prior to the initial operation of the pump. (3) Placement of the seawater pump station, intake pipes and discharge pipe and construction of the block wall surrounding the pump station shah be conducted during the non-nesting season of the light-footed clapper rail and the California least tern which occurs between September 16 and March 14. (4) All construction equipment needed for trench excavation work, the proposed trench that would be excavated, and the discharge of excavated materials shall be confined to a 10 foot wide construction corridor to minimize disturbance of intertidal and shallow subtidal habitats. (5) The boundaries of the 10 foot wide construction corridor shall be easily identified by potential contractor(s) by marking the edge of the construction corridor Qith stakes that are connected by rope or heavy string. The boun- dary of the construction corridor shall be marked prior to the initiation of any on-site construction work. (6) Once the intake and discharge pipes have been ]aid in the excavated trench, the trench shall be backfilled with bay muds and the surface area and slope of the site shall be returned to a ground elevation similar to adjacent mudflat habitat. Resolution No. 15517 Page 10 (7) All access and exit routes for construction equipment and workers shall be through the Gunpowder Point Gate and existing detention basin in order to avoid impacts to existing salt marsh habitat. (8) The north and south boundaries of the construction work area above the existing mudflats shall be marked with stakes and/or flagging material in order to avoid impacts to existing salt marsh vegetation. The stakes and flagging shall be in place prior to the initiation of any on-site construction work. (9) An evaluation, including inventorying and mapping within the proposed construction area, of eelgrass habitat shall be made prior to project construc- tion. If eelgrass is found, the pipellne route should be moved, the length of pipeline shortened, or the trench excavation narrowed, in order that impacts to eelgrass can be avoided or greatly minimized. If impacts to the eelgrass community will occur, then the amount of square footage of eelgrass impacted shall be documented. A mitigation plan t~ offset any loss of eelgrass habitat shall be prepared and reviewed by the Service and the Executive Director, California Coastal Commission. Service concurrence with and approval in writing by the Executive Director, California Coastal Commission, of the eel- grass mitigation plan shall occur prior to initiation of any construction work. (10) Refuge Manager, Sweetwater Marsh National Wildlife Refuge (619) 575-1290 shall be contacted prior to initiation of construction work associated with the project and notified when work activities will commence and the _ length of time they would be occurring. The Refuge Manager also shall be given the opportunity to review and make adjustments, if necessary, to the location of flagging and stakes used to mark construction work sites. (11) Timing of Work. Prior to initiation of any construction, the applicant shall provide notice to the Executive Director, California Coastal Commission, of the data when the project is to commence. Such notice shall be required at least two weeks in advance of the proposed date on implementation and shah be accompanied by a declaration from the State Department of Fish and Game stating that the construction activities, on the date proposed, will not cause adverse impacts on the biological productivity of the area. Specifically, the declaration hall include an assessment of the nesting stratus of any of the rare or endangered fowl species found in the area, including but not limited to the California Least Tern. Said declaration shall be subject to the review and written approval of the Executive Director. (12) Staging Areas. Prior to issuance of the coastal development permit the applicant shall submit to the Executive Director, California Coastal Commission, for review and written approval, detailed plans incorporated into the construction bid documents for the location of access corridors to the con- struction area and staging areas. Access corridors and staging areas shall be located in previously disturbed areas, including the drainage swale and sedimentation basin. No disturbance of environmentally sensitive veget~tion, e.g., coastal salt marsh vegetation shall be permitted.