HomeMy WebLinkAbout2006/10/10 Item 3
"
COUNCIL AGENDA STATEMENT
Item 3
Meeting Date: 10/10/06
ITEM TITLE: Resolution Granting an easement over a portion of City right-
of-way in Bay Boulevard to the City i!Jf San Diego for Sewer Purposes as
necessary for the South Bay Sewer Pump Station, South Bay Sewer and
Appurtenances and authorizing the Mayor and City Clerk to execute the
necessary Easement Deed.
SUBMITTED BY: Acting Director ofEngineering'~
/(
REVIEWED BY: Interim City Manager JI (4/Sths Vote:_No---X-l
The City of Chula Vista and the City of San Diego entered into a Memorandum of
Understanding concerning the location and construction of the South Bay Sewer Pump Station In
March 2000. The granting of this easement to the City of San Diego is a condition of that
Memorandum of Understanding.
RECOMMENDATION: That the City Council adopt the Resolution Granting the Easement to
the City of San Diego and authorizing the Mayor and City Clerk to execute the necessary
Easement Deed.
BOARDS/COMMISSION: N/A
DISCUSSION: In March 2000 the City of Chula Vista and the City of San Diego entered into a
Memorandum of Understanding concerning the location and construction of a South Bay Pump
Station necessary to the Metropolitan Sewer System. In that memorandum, the City of San
Diego agreed to recommend the City of Chula Vista's preferred location for the construction of
the South Bay sewer pump station. In exchange the City of Chula Vista agreed to grant to the
City of San Diego, at no cost, the required easements within Chula Vista right-of-way for the
pump station and for the entire pipeline alignment within the City of Chula Vista. The only
option for alignment of this pipeline is within existing Bay Boulevard from Main Street north to
D Street. The City of San Diego is not sure when they will construct this facility but have
indicated that it will not be for some years. Because of this uncertainty as well as potential
changes in the location of Bay Boulevard due to development of the bay front, staff proposed
and got approval from the City of San Diego to include the following language in the Grant of
Easement:
"The parties herby agree and acknowledge that should future improvements or development
make the location of the easement granted herein, impractical or un-usable, The City ofChula
Vista will provide to the City of San Diego, a replacement easement of comparable size in a
location that meets with the approval of the City of San Diego and that said approval will not be
umeasonably withheld. Upon acceptance of said replacement easement, the City of San Diego
agrees to vacate the easement granted herein."
ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the
proposed activity for compliance with the California Environmental Quality Act (CEQA) and
has determined that the activity is not a "Project" as defined under Section l5378(b)(5) of the
3-1
I
Page 2, Item .3
Meeting Date 10/1 0/06
State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
DECISION MAKER CONFLICTS: Staff has reviewed the property holdings ofthe City
Council Members for conflicts and has found no property holdings within 500 feet of the
boundaries of the property which is the subject of this action. ..'
FISCAL IMP ACT: None
Attachments:
Attachment A: Easement Deed
Attachment B: Memorandum of Understanding
J:\EngineerIAGENDA\CAS2006\1 0-1 0-06\san diego bay sewer. doc
3-2
Recording Requested by:
City Clerk
I
ATTACHME~ A
After recording mail to:
City Clerk
City of San Diego
Mail Station 2A
I I [I PTN
, .
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NO DOCUMENTARY TAX DUE - R&T 11922 (amended)
Presented for record by the CITY OF SAN OIEGO
SEWER EASEMENT DEED
For and in consideration of a valuable consideration
CITY OF CHULA VISTA, a municipal corporation
HEREBY GRANTS to the City of San Diego, a municipal corporation, in the County of San Diego, State of
California, the permanent easement and right of way to construct, reconstruct, maintain, operate and
repair a public sewer or sewers, including any or all incidents and appurtenances thereto, together
with the right of ingress and egress, over, under, upon, along and across all that real property
situated in the City of San Diego, County of San Diego, State of California, described as follows:
(See Attached Legal Description - Exhibit "A")
Reserving unto Grantor herein, their heirs and assigns, the continued use of the above described parcel
of land subject to the following conditions: The erecting of buildings, masonry walls, fences and other
structures; the planting or growing of trees; the changing of the surface grade; and the installation of
privately-owned pipelines shall be prohibited except by written permission of the City of San Diego.
The parties hereby agree and acknowledge that should future improvements or development make the
location af the easement granted herein impractical or un-usable. the City of Chula Vista will provide
to the City of San Diego a replacement easement of comparable size in a location that meets with the
approval of the City of San Diego, and that said approval will not be unreasonably withheld. Upon
acceptance of said replacement easement, the City of San Diego agrees to vacate the easement granted
herein.
This is to certify that the interest in real CITY OF CHULA VISTA, a municipal corporation
property conveyed by this instrument to the
City of San Di ego, a muni ci pal corporati on.
is hereby accepted by the undersigned officer
on behalf of the City of San Diego pursuant By:
to authority conferred by Resolution No.
250320, adopted by the Council of the City of
San Diego on October 1, 1979, and the grantee
consents to recordati on thereof by its dul Y By:
authorized officer.
Dated:
By:
James F. Barwick, Director
Real Estate Assets Department
South Bay Pump Station and Conveyance System/Job:522336/Dwg: 30998/s1g/06-30-2006
3-3
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
} ss,
County of
'"
,
On
betore me,
Dale
Name and Trtle ot Officer (e.g., "Jane Doe, Notary Pl.ltHlc")
personally appeared
Name(s)ofSignerjs)
D personally known to me
D 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 behaif of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
SignatureotNclafyPubllc
OPTIONAL
Though the informatlon below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer - Title(s):
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
o Guardian or Conservator
D Other:
Top of thumb here
Signer Is Representing:
C 1999 National NotalYAssociation. 9350 De SclQ Ave., P.O. Box 2402' ChatswQrth, CA 91313-2402' www.natlcnalnotary.org
Prod. No. 5907
Fleordar:CalITolI-Frea1-800-876-6827
3-4
Page 1 of 2
"SEWER EASEMENT ACQUISITION"
All that portion of Frontage Road CW est), Anita Street, Bay ~oulevard, and D Street, in the City
of Chula Vista, the County of San Diego, The State of Cali forma.; being a strip of land 10.00 feet
,
wide, the centerline of which is described as follows:
Co=encing at the intersection of the centerline of Main Street and the 18.00 foot offset line of
Frontage Road CWest) as shown on Ros 11896, filed on 11/03/1988 in the Office of the County
Recorder of San Diego County; Thence South 87 "54'56" East 7.35 to the True Point of
Beginning; Thence North 19 "48'06" East 882.20 feet to the beginning of a tangent curve having
a radius of 504.36 feet, concave northwesterly; Thence northerly along said curve 172.25 feet,
through a central angle of 19 "34'04"; Thence North 00014'03" West, 325.99 feet; Thence North
88 "00'51" West 394.18 feet; Thence North 14" 50'39" West, 193.07 feet to the beginning of a
tangent curve having a radius of 607.00 feet, concave southwesterly; Thence northwesterly along
said curve 162.97 feet through a central angle of 15 023'00'; Thence North 30" 13'39" West,
521.15 feet to the beginning of a tangent curve having a radius of 493.00 feet, concave
northeasterly; Thence northwesterly and westerly along said curve 283.70 feet through a central
angle 002058'18"; Thence North 02 "44'39" East, 1,101.73 feet to an intersection with the
northerly line of Palomar Street (formerly Eighth Street) as shown on said Map 1349; Thence
North 02042'46" East, 2,373.48 feet to an intersection with the northerly line of Moss Street as
shown on Map 5986, flied on 10/19/1967 in the Office of the County Recorder of San Diego
County; Thence continuing North 02 "42'46" East 455.52 feet; Thence North 02 002'39" East
264.83 feet; Thence North 02033'02" East 316.28 feet to the beginning of a tangent curve having
a radius of 1,885.00 feet, concave westerly; Thence northerly along said curve 249.99 feet
through a central angle of 01'35'55"; Thence North 05 "02'53" West 415.25 feet; Thence North
05029'33" West 257.31 feet; Thence North 03039'08" West 205.26 feet; Thence North
01 "26'30" West 419.] 9 feet, to the beginning of a tangent curve having a radius of 1,032.00 feet,
concave southwesterly; Thence northwesterly along said curve 354.32 feet through a centra]
angle of 19040'19"; Thence North 21006'49" West 360.19 feet, to the beginning of a tangent
curve having a radius of 424.00 feet, concave southwesterly; Thence northwesterly along said
curve 366.86 feet through a central angle of 49034'26" to the beginning of a tangent curve,
having a radius of 40 1.00 feet, concave northeasterly; Thence along the arc of said curve a
distance 0079.28 feet through a central angle of 54011 '31 "; Thence North 16029'43" West
146.39 feet; to an intersection with the centerline 00 Street as shown on Parcel Map 13581,
filed on 12/06/1984, in the Office of the County Recorder of San Diego County; Thence North
17'33'43" West 198.84 feet to the beginning of a tangent curve having a radius of296.00 feet,
concave easterly; Thence northwesterly, westerly and northeasterly along said curve 232.78 feet
through a central angle of 45003'27"; Thence North 27' 29'44" East, 134.99 feet to the beginning
of a tangent curve having a radius of 304.00 feet, concave northwesterly; Thence northeasterly
and westerly along said curve 214.46 feet through a central angle of 40 c25'14";Thence North
12"55'29" West 389.40 feet; Thence North 15 "01'39" West 97.49 feet; Thence North 12031'30"
West 143.97 feet; Thence North 12033'22" West 329.64 feet to the beginning of a tangent curve
having a radius of 1,527.00 feet, concave southwesterly; Thence northwesterly along said curve
3-5
1
Page 2 of 2
383.92 feet through a central angle of 14 024'20"; Thence North 26047'59" West 619.75 feet; to
an intersection with the centerline ofH Street as shown on Bay Villa Tract Map 1198, dated
07/30/1909, on flle in the Office of the County Recorder ofS:an Diego County; Thence North
or 26'02" West 159.83 to the beginning of a tangent curve having a radius of 1,569.00 feet,
concave southwesterly; Thence northwesterly along said curve 166.38 feet through a central
angle of 06 004'33'; Thence North 13 030'35" West 755.43 feet; Thence North 16038'33" West
245.91 feet to an intersection with the easterly prolongation of the centerline of G Street as
shown on RoS 4585, filed on 02/13/1958 in the Office of the County Recorder of San Diego
County; Thence continuing North 16038'33" West 146.98 feet; Thence North 18008'47" West
427.45 feet, to the beginning of a tangent curve having a radius of2,004.00 feet, concave
southwesterly; Thence northwesterly along said curve 255.27 feet through a central angle of
or 17'54"; Thence North 25 026'41" West 128.22 feet; Thence North 25 032'18" West 322.73
feet; Thence North 23 0 17'57" West 80.67 feet to the beginning of a tangent curve having a
radius of 283.20 feet, concave southwesterly; Thence northwesterly along said curve 205.80 feet
through a central angle of 41038'09"; Thence North 64058'23" West 111.42 feet to the beginning
of a tangent curve having a radius of 291.00 feet, concave northeasterly; Thence northwesterly
and northerly along said curve 196.67 feet through a central angle of 38 043'19" to the beginning
of a tangent curve, having a radius of 1,491.00 feet; Thence along the arc of said curve a
distance of219.04 feet, through a central angle of 08 025'02"; Thence North 17' 50'02" West
643.23 feet; to an intersection with the centerline ofE Street as shown on Parcel Map 2567, filed
on 04/18/1973 in the Office of the County Recorder of San Diego County; Thence continuing
North 11'50'02" West 384.86 feet; Thence North 17'42'38" West 943.42 feet to an intersection
with the westerly prolongation of the centerline ofD Street as shown on Marlborough Heights
Map 1336, filed on 05/25/1911, in the Office of the County Recorder of San Diego County.
Side lines to terminate on the South: at an intersection with center line of Main Street and on the
North: at an intersection with the westerly prolongation of the centerline ofD Street.
Said easement contains 187,399.26 sq. ft.( 4.302095 acres)
See City of San Diego Drawing No. 30998-D
~-hC~
Lester E. Carter Jr., P'LS 6148
Sr. Land Surveyor, Field Engineering
My Registration Expires 3/31/06
'1- 0 5"~ z.co 2--
Date
file: sbay Jev.wpd w.o. 192155 04/05/02 - dgb
3-6
..'
.~
a<l-~d3 xc.; L4(1'7' 1;;;.., M.
Pl--7::,07
"
.c_' ,;
/.
A TT1\CHMENT e
MEMORANDUM OF UNDERSTANDING
BETWl!:EN THE CITY OF SAN DIEGO
AND THE CITY OF CHULA VISTA
CONCERNING THE LOCATI;ON AND
. CONSTRUCTION OFA SOUTH BAY
PUMP STATION NECESSARY TO THE
METROPOLITAN SEWERAGE SYSTEM.
.,
RECITALS
A. The City of San Diego [San Diego] is the owner and operator ofthe
Metropolitan Sewerage System [MSS], with responsibilities to plan,
design, construct, operate, and maintain the sewerage system to' comply
with all applicable laws; .
B. San Diego has agreed to accept and treat sewage from other agencies (participating
AgenCies] pursuant to a Regional Wastewater Disposal Agreement, dated May 18,
1998, on file in~e Office of the San Diego City Clerk as Document No. 00-18517;
C. San Diego requireS a site to construct a sewage pump station [South Bay
Pump Station] in the vicinitY of the intersection ofthe Sweetwater River
and Interstate 5 to provide additional hydraulic capacity to the MSS;
D. The City of Chula Vista [Chula Vista] is a Participating Agency under the agreement
referenced in Recital B;
E. Chula Vista is pursuing an ongoing redevelopment through a master plan
of its bayfronl. Such redevelopment includes a potential site under
consideration for the South Bay Pump Station; and
F. San Diego and Chula Vista desire to cooperate in efforts to study and acquire a
suitable site to construct and operate the South Bay Pump Station that is compatible
with the economic needs and hydraulic capacity'ofthe MSS as well as the economic
viability of the planned redevelopment.
NOW, THEREFORE, the City of SanDiego and the City of Chula Vista hereby agree
as follows:
1.
The City of San Diego has identified four potential sites for the South Bay Pump Station
noted as Site Nos. 1,2,9, and 10, all as referencep. in the attached1-..!ap Exhibit A
. which is incorporated herein by this reference. .
Site Nos. 1 and 2 are located within t.~e City ofChula Vi)OCUfV'ENT 'S{.- 2927''19
2.
3-7
FILED Eal 22 ?OOO
O~~~~E OF THE. C: 'i'Y CL:r;~
I'
/
'.
4.
The City of San Diego agrees to recommend Site No.1 as the preferred site and to
commence preparation of all necessary environmental documents with Site No.1
so designated. '
The City of San Diego. agrees not to recommend acquisitjonof Site No. 2 contingent
upon satisfactory performance of the commitments in PaJ'agraph 5; provided, however,
the City of San Diego reserves the right to analyze Site No.2 as an "alternative" in its
Environmental Impact Report for the proj ect. '
3.
5.
To facilitate the location of the South Bay PUII).p Station at Site No.1, the
City of Chula Vista agrees to: '
a. Allow an open trench (instead of tunneling) for the certain portions of the
pipeline alignment reflected on the attached Exhibit B incorporated herein by
this reference.
b. Allow an aiterriative pipeline alignment, which will significantly reduce the
length and costs of the pipeline, as reflected on the attached Exhibit B.
c. Provide at n cost the re uired easements within th existing Chula Vista
rig t-of-way for the pump station and entire pipeline alignment within the
City ofChula Vista, including but not limited to: (i) a 3D-foot \\ide access
easement from Woodlawn Avenue/Sea Vale Drive into site No.1; (ii) a 70-
foot wide temporary construction, easement and a 3o.-foot wide permanent
easement along the entire pipeline alignment through the City' of Chula Vista;
and (Iii) a 3Dcfoot wide permanent easement and a 7D-foot wide construction
easement through Site No.2; such easements to be coordinated with Chula
Vista so as nono interfere with Site No.2 development. All easements shall
be finalized within twe v ths of the Ci1y nf San Diego's certification of '
't e envlIonmental document. Any easements required with respect to private
'property shall be acquired by SaIl Diego at no cost to c;hula Vista.
d. Arrange for the delivery from third parties wetland mitigation credits to
mitigate any environmental impacts associated with Site No.1.
e. Chula Vista shall provide an education and outreach program on the pump
station and pipeline within Chula Vista to gamer public and political support
for the proposed project. Such program shall include workshops and hearings
on the Environmental Impact Report, and response to public inquiries and
complaints during construction. San Diego shall provide Chula Vista with
all necessary information to implementthe program. The public outreach
program shall contain the following elemerits, at a minimum: (i) quarterly
newsletter _ draft, develop, publish, and distribute a quarterly newsletter to
keep key audiences informed about siting and constnlction issues; (it) hot
line _ set up and maintain a hot line for affected and other residents; and
(iii) public meetings - hold one public meeting during the environmental
document preparation, and hold three to five meetings during the
3..;s
i
construction period, to inform residents and answer any concerns on the
project, including the use of heavy equipment, noise issues, use of chemicals;
and other problems having to do with construction of the pump station on
Site No. 1.
h. . . Facilitate processing arid acquisiti"on of all required variances, including but
not limited to the following: Set-back variances for access road and structure;
Fire Code variance, Set-back and turning radius variances, and a Landscape
variance.
1. . Allow the City of San Diego Metropolitan Wastewater Department [MWWDJ
to relocate or replace Chula Vista utilities, including surface improvements,
. along the selected pipeline alignment. .
. j. Support the condemnation of Site No; I, if required, and provide staff support,
at no cost, to facilitate MWWD's acquisition of Site No. 1.
k. Provide staff support, at no cost, to facilitate dedication of the Spring Valley
Sanitation District parcel.
'\. Assist MWWD in identifying other viable sites in Chula Vista should Site No.1
not be viable, to begin immediately after completion of the environmental
document. .
m. Provide staff support, at no cost, to review draft environmental documents
and associated correspondence in a tirpely marlOer. .
n. (i Allow MWWD's responsibility for repavement over pipeline trenches within
. the City of Chula Vista streets to be limited to requirements established in
t the San Diego Area RegionCl! Standard Drmvings,with no requirement for
additional repaving of streets at the expense of the City of San Diego beyond
these standard requirements.
6. Both the City of San Diego and the City ofChula Vista agree that time is of the essence
in completing the acquisition of a suitable site for the South Bay Pump Station. Chula
Vista agrees to exercise best efforts to perform the tasks described above in a timely
manner consistent with the development timeline of the project. .
3-9
.-
"
7. In the .event that the CitY of Chula Vista fails to satisfy any ofits obligations hereunder,
the City of San Diego, after first giving the City of Chula Vista due notice and a
reasonable opportunity to cure such failure, shall have the right to perform such
unsatisfied obligation itself, and t9 obtam reimbursejD.ent from the City of Chula Vista
for the reasonable cost of such performance. '\
8. Notwithstanding the above, the City of San Diego reserves the right to initiate acquisition
of Site No.2 upon the breach of any requirement in Section 5; in such event, the City of
Chula Vista reserves the right to challenge. same.
9. . San Diego acknowledges and agrees that, notviithstanding the terms .and conditions of
. this Memorandum of Understanding [MOU], Chula Vista reserves its discretion to
approve or disapprove all future actions contemplated hereby which require by. law the
exerCise of discretion and which Chula Vista cannot lawfully commit to by contract
[collectively, "Discretionary Actions"). Such reservation of discretion shall apply to all
coritemplated legislative and quasi-legislative actions including, without limitation, .
approval of land use entitlements and variances, CEQA compliance, code enforcement,
building permits, and the making offmdings and determinations 'required by law. In the
event that Chula Vista takes or fails to take any Discretionary Action with respect to the
subject matter of this MOU, any such action or inaction shall not constitute a breach of
ChulaVista'sobligations' under this MOU. .
10. In the event suit is brought upon this Memorandum of Understanding to enforce its .
terms, the prevailing party shall be entitled to the cost of said suit and a reasonable sum
as attorney's fees from the losing party. .
II. . This Memorandum of Understanding represents the entire understanding of the City of.
Chula Vista and the City of San Diego as to those matters contained herein. No prior
oral or written understanding shall be of any force or effect with respect to those matters
covered hereunder. This Memorandum of Understanding may not be modified or altered
except in writing signed by both parties.
IN VlITNESS WHEREOF, this Memorandum of Understanding is executed by the City
of Chula Vista, acting by and through its City Manager, pursuant to its City Council authorizing
. such execution, and by the City of San Diego, acting by and through its City Manager, pursuant
to. its City Council authorizing sllch execution.
. ,. ...~;..,.
CITY OF CHULA VISTA
CITY OF SAN DIEGO
3-10
By
~~ City
K- 2927'79
er
By 0.~'/!, ~~L~c.> (:.;7
City Manager I
FEB 2 2 2000
, ,
"
I HEREBY APPROVE the' form and legality of the foregoing Memorandum of
Understandipg on this 2 2nd day of February ,2000.
JOHN ~. KAHENY, City Attorney
I . HEREBY APPROVE the
Understanding on this ,;..t1'- day of
, .
form and
'N\ rJV..rj.A,
legality of the foregoing Memorandum of
,2000.
CASEY GWINN, City Attorney
~,
. By .J..A.
Attachments:
Exhibits A-B
3-11
'.
"
. .
. .
EXHIBIT A
Potential Sites
South Bay Pump StatiQn
.\, v- ~~~
\
)
3-12
-
. .
"
$X
.m,tJ!
L~g~nd
. Pot~ntial pump Station Sites
I" Alternative Pipeline Alignment
.__ Open Trench Pipeline Alignment.
p.!.'U V/STI.
!,J.mevrpm:
........
'-
rtsr..l
1f!~~IFE
_ ,Ur.../!
--'-
,.
. ".~
.....
.......
.......
.....
.-
~
E
.0
~
."
""It1
.1:;'.' I
,..'f,J. -ii!.
~
'.
~. :~:'
I
. (R-2000-910)
. RESOLUTION NUMBER R- 292779
ADOPTED ON FEB 2 2 ,2000
.,
,
WHEREAS, the City. of San Diego has been wo'rking with other county entities to locate
a proposed pump station .ani:! conveyance system which will serve the residents of the South Bay
area; and
.,
WHEREAS, ten potential sites were identified, and Site No. I in the City ofChula.Vista
. is the preferred, site, as set forth in City Man~ger Report No. 'DD<~I , NOW, THEREFORE,
BE IT RESOL VED', by the Council of The City of San Diego, that the pump station site
referred to as Site NO.1 is hereby designated as the proposed location for the South Bay Pump
Station in connection with documentation under the California Environmental Quality Act of 1970
(CEQA),
BE IT FURTHER RESOL \lED, that the Council hereby approves the Memorandum of
Understanding with the City of Chula Vista and authorizes the City Manager to execute, for and
on behalf of the City, the Memorandum of Understanding with the City of Chula Vista concerning.
the location and construction of the new South Bay Pump Station necessaf)' to the metropolitan
sewerage system, a copy of which is on file in the office of the City Clerk as Docume.nt Number
. 292779 ... ..
RR-
APPROVED: CASEY GWINN, City Attorney
0:'
By IMff/~
Ted Bromfi
Deputy City Attorney
-PA~i~F2-
.'
:~" p
TB:mb
02/08/00
Or.DeptMWWD
Aud.Cert:N/ A
R-2000-910
Form=r-tJrm
.'
,
.P.A3:TEl.i OF 2-
I
.,
....p
'.
,
,
'"
-'.
Passed and adopted by the Council of San Diego on . Februarv 22. 2000 by the following
vote:
YEAS: MAIms. KEHOE,STEVENS, WARDEN, STALLINGS, McCARTY.
VARGAS. MAYOR GOLDING.
.,
,
NAYS: NONE.
NOT PRESENT: "YEAR.
AUTHENTICATED BY:
SUSAN GOLDING
Mayor of The City of San Diego, California
CHARLES G. ABDELNOUR
City Clerk of Th.e City of San Diego, California
(SEAL)
By: E~ther Worcinicz ,Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of .
RESOLUTION NO. Rtz9Z779 , passedand adopted by the C~UDcil of The City of San
Diego, California on February 22. 2000
. CHARLES G. ABDELNOUR
City Clerk of The City of San Diego, California
(SEAL) .
By:
3-16
RESOLUTION NO.
RESOLUTION GRANTING AN EASEMENT OVER A PORTION OF
CITY RIGHT -OF - WAY IN BAY BOULEVARD TO THE CITY OF
SAN DIEGO FOR SEWER PURPOSES AS NECESSARY FOR THE
SOUTH BAY SEWER PUMP STATION, SOUTH 13A Y SEWER AND
APPURTENANCES:
WHEREAS, the City of Chula Vista and the City of San Diego entered into a
Memorandum of Understanding concerning the location and construction of the South
Bay Sewer Pump Station in March 2000; and
WHEREAS, in exchange for the City of San Diego selecting an option for the
location of their sewer pump station that was acceptable to the City of Chula Vista, a
condition of that Memorandum of Understanding was that the City grant an Easement to
the City of San Diego within the City right-of-way for Bay Boulevard from Main Street
north to D Street as necessary for the construction of the South Bay Sewer and
appurtenances; and
WHEREAS, the City of San Diego is not sure when they will construct this
facility and due to potential changes in the location of Bay Boulevard caused by
development of the bay front, the City has sought and received from the City of San
Diego, provisions in the Grant of Easement that protect the City's options when the bay
front develops; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under Section 15378(b)(5) of the
State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
NOW, THEREFORE, the City Council of the City Of Chula Vista does resolve as
follows:
The City of Chula Vista hereby grants to the City of San Diego an easement along
Bay Boulevard as more particularly described in Exhibit "A" (attached hereto) and
authorizes the Mayor and City Clerk to execute said easement deed on behalf of the City
of Chula Vista.
Presented by
Approved as to form by
Acting Director of Engineering
Leah Browder
~"I1J"", 4<fif
Ci Attorney U
Ann Moore
3-17
Recording Requested by:
City Clerk
After recording mail to:
City Cl erk
City of San Diego
Mail Station 2A
l I 0 PTN
,.
,
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NO DOCUMENTARY TAX DUE - R&T 11922 (amended)
Presented for record by the CITY OF SAN DIEGO
SEWER EASEMENT DEED
For and in consideration of a valuable consideration
CITY OF CHULA VISTA, a municipal corporation
HEREBY GRANTS to the City of San Diego, a municipal corporation, in the County of San Diego, State of
eal; forn; a I the permanent easement and ri ght of way to construct, reconstruct I ma; ntai n, operate and
repair a public sewer or sewers, including any or all incidents and appurtenances thereto, together
with the right of ingress and egress, over, under, upon, along and across all that real property
situated in the City of San Diego, County of San Diego, State of California, described as follows:
(See Attached Legal Description - Exhibit "A")
Reserving unto Grantor herein, their heirs and assigns, the continued use of the above described parcel
of land subject to the following conditions: The erecting of buildings, masonry walls, fences and other
structures; the planting or growing of trees; the changing of the surface grade; and the installation of
privately-owned pipelines shall be prohibited except by written permission of the City of San Diego.
The parties hereby agree and acknowledge that should future improvements or development make the
location of the easement granted herein impractical or un-usable. the City of Chula Vista will provide
to the City of San Diego a replacement easement of comparable size in a location that meets with the
approval of the City of San Diego, and that said approval will not be unreasonably withheld. Upon
acceptance of said replacement easement, the City of San Diego agrees to vacate the easement granted
herein.
This is to certify that the interest in real CITY OF CHULA VISTA, a municipal corporation
property conveyed by this instrument to the
City of San Diego, a municipal corporation,
is hereby accepted by the undersigned officer
on behal f o-f the Ci ty of San Di ego pursuant By:
to authority conferred by Resolution NQ.
250320, adopted by the Council of the City bf
San Diego on October 1, 1979, and the grantee
consents to recordation thereof by its duly By:
authorized officer.
Dated:
By:
James F. Barwick, Director
Real Estate Assets Department
South Bay Pump Station and Conveyance System/Job:522336/Dwg: 30998/s1g/06-30-2006
3-18
I
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
i~""""'~~~)&'h",?;C<-)&'~<-)&'&~~0~^*~~_~x,:-e~:,t;<:~-)&'^""~""'~&&",0<",,_i
I ~
~ State of callfOmla} ~
~ :""" 00.,.,. ~,. I
I Do<. Nom. ~d T<. of o,,~ ",g.. .,~. Do., No.~ p,,,,,, ~
~.. personally appeared N~.,., oISO""'" I..~
~ 0 personally known to me ~
:'fJ 0 proved to me on the basis of satisfactory ,I
~ evidence
I to be the person(s) whose name(s) islare ::;
~.Q:~. subscribed to the within instrument and ~I"
,~ acknowledged to me that he/shelthey executed ' ')
:i;? the same in his/her/their authorized I,':
('j '-:'
~ capacity(ies), and that by his/herltheir ~
~~ signature(s) on the instrument the person(s), or ~
!.@ the entity upon behalf of which the person(s) ~
I~ acted, executed the instrument. ~
~ @
I WITNESS my hand and official seal. ~
~J Slgnatureo! Notary Public ~
~ ~
.~ OPTIONAL ,.~..:.~
~' Though the information below is not required by faw, it may prove valuable to persons relying on the document and could prevent ~
:_ ..} fraudulent removal and reattachment of this form to another document. ~
, ~~
:~ Description of Attached Document I
~ litle or Type of Document: ~
~ ~
~ ~
if A D D b fP &/'
~ ocument ate: Num er 0 ages: ~
~ D
~ ~~~~- ~
~~~.~ ;,;
, tl'
I~j Capacity(ies) Claimed by Signer g
'RJ Signer's Name: [9,
~ ~
~ 0 Individual Top ~t thumb here ~
',~" 0 Corporate Officer - ntle(s): ~
~i 0 Partner - 0 Limited 0 General ~
I" 0 Attorney-,n-Fact 1':\,
I" 0 T rustee ~:...'..'
~: 0 Guardian or Conservator ~
I' 0 Other: ~
,. ~,
~ Signer Is Representing: ~.:;,
~ ~
~~~',<.&~~~~~~"g<t."'g{,..~~~~~~"'~~~""~~~~~~~~~d;.~"g~.:.:'Q';:,^
C 1999 National Notary Association' 9350 OEl Sota Ave., P,O. Sox 2402 Chatswortt1, CA 91313-2402 . www.na~onalnotary.org
Plod. No. 5007
Reorde!:CaUToII-Freet-Boo-a76-6l127
3-19
\
Page 1 of 2
"SEWER EASEMENT ACQUISITION"
All that portion of Frontage Road (West), Anita Street, Bay B~u1evard, and D Street, in the City
of Chula Vista, the County of San Diego, The State of Califontia;JJeing a strip of land 10.00 feet
wide, the centerline of which is described as follows: .
Co=encing at the intersection of the centerline of Main Street and the 18.00 foot offset line of
Frontage Road (West) as shown on Ros 11896, filed on 11/03/1988 in the Office of the County
Recorder of San Diego County; Thence South 87 054'56" East 7.35 to the True Point of
Beginning; Thence North 19048'06" East 882.20 feet to the beginning of a tangent curve having
a radius of 504.36 feet, concave northwesterly; Thence northerly along said curve 172.25 feet,
through a central angle of 19034'04"; Thence North 00014'03" West, 325.99 feet; Thence North
88000'51" West 394.18 feet; Thence North 14050'39" West, 193.07 feet to the beginning of a
tangent curve having a radius of 607.00 feet, concave southwesterly; Thence northwesterly along
said curve 162.97 feet through a central angle of 15023'00'; Thence North 30013'39" West,
521.15 feet to the beginning of a tangent curve having a radius of 493.00 feet, concave
northeasterly; Thence northwesterly and westerly along said curve 283.70 feet through a central
angle of32 0 58'18"; Thence North 02044'39" East, 1,101.73 feet to an intersection with the
northerly line of Palomar Street (formerly Eighth Street) as shown on said Map 1349; Thence
North 02042'46" East, 2,373.48 feet to an intersection with the northerly line of Moss Street as
shown on Map 5986, filed on 10/19/1967 in the Office of the County Recorder of San Diego
County; Thence continuing North 02042'46" East 455.52 feet; Thence North 02 002'39" East
264.83 feet; Thence North 02033'02" East 316.28 feet to the beginning of a tangent curve having
a radius of 1,885.00 feet, concave westerly; Thence northerly along said curve 249.99 feet
through a central angle of 07"35'55"; Thence North 05002'53" West 415.25 feet; Thence North
05029'33" West 257.31 feet; Thence North 03 039'08" West 205.26 feet; Thence North
01026'30" West 419.19 feet, to the beginning ofa tangent curve having a radius ofl ,032.00 feet,
concave southwesterly; Thence northwesterly along said curve 354.32 feet through a central
angle of 19040'19"; Thence North 21 006'49" West 360.19 feet, to the beginning of a tangent
curve having a radius of 424.00 feet, concave southwesterly; Thence northwesterly along said
curve 366.86 feet through a central angle of 49034'26" to the beginning of a tangent curve,
having a radius of 401.00 feet, concave northeasterly; Thence along the arc of said curve a
distance of379.28 feet through a central angle of 54011 '31 "; Thence North 16029'43" West
146.39 feet; to an intersection with the centerline of J Street as shown on Parcel Map 13581,
filed on 12/06/1984, in the Office of the County Recorder of San Diego County; Thence North
17"33'43" West 198.84 feet to the beginning of a tangent curve having a radius of296.00 feet,
concave easterly; Thence northwesterly, westerly and northeasterly along said curve 232.78 feet
through a central angle of 45003'27"; Thence North 27"29'44" East, 134.99 feet to the beginning
of a tangent curve having a radius of 304.00 feet, concave northwesterly; Thence northeasterly
and westerly along said curve 214.46 feet through a central angle of 40 025'14";Thence North
12055'29" West 389.40 feet; Thence North 15001'39" West 97.49 feet; Thence North 12031'30"
West 143.97 feet; Thence North 12033'22" West 329.64 feet to the beginning of a tangent curve
having a radius of 1,527.00 feet, concave southwesterly; Thence northwesterly along said curve
3-20
I
I
Page 2 of 2
383.92 feet through a central angle of 14 024'20"; Thence North 26047'59" West 619.75 feet; to
an intersection with the centerline of H Street as shown on Bay Villa Tract Map 1198, dated
07/30/1909, on file in the Office of the County Recorder of San Diego County; Thence North
07'26'02" West 159.83 to the beginning ofa tangent curve having a radius of 1,569.00 feet,
concave southwesterly; Thence northwesterly along said curve 166.38 feet through a central
angle of 06004'33'; Thence North 13030'35" West 755.43 feet; Thence North 16038'33" West
245.91 feet to an intersection with the easterly prolongation of the centerline ofG Street as
shown on RoS 4585, filed on 02/13/1958 in the Office of the County Recorder of San Diego
County; Thence continuing North 16038'33" West 146.98 feet; Thence North 18008'47" West
427.45 feet, to the beginning of a tangent curve having a radius of 2,004.00 feet, concave
southwesterly; Thence northwesterly along said curve 255.27 feet through a central angle of
07' 17'54"; Thence North 25026'41" West 128.22 feet; Thence North 25 032'18" West 322.73
feet; Thence North 23017'57" West 80.67 feet to the beginning of a tangent curve having a
radius of283.20 feet, concave southwesterly; Thence northwesterly along said curve 205.80 feet
through a central angle of 41038'09"; Thence North 64058'23" West 111.42 feet to the beginning
of a tangent curve having a radius of 291.00 feet, concave northeasterly; Thence northwesterly
and northerly along said curve 196.67 feet through a central angle of 38 043'19" to the beginning
of a tangent curve, having a radius of I ,491.00 feet; Thence along the arc of said curve a
distance of219.04 feet, through a central angle of 08 025'02"; Thence North 17' 50'02" West
643.23 feet; to an intersection with the centerline ofE Street as shown on Parcel Map 2567, filed
on 04/18/1973 in the Office of the County Recorder of San Diego County; Thence continuing
North 17' 50'02" West 384.86 feet; Thence North 17042'38" West 943.42 feet to an intersection
with the westerly prolongation of the centerline ofD Street as shown on Marlborough Heights
Map 1336, filed on OS/25/1911, in the Office of the County Recorder of San Diego County.
Side lines to terminate on the South: at an intersection with center line of Main Street and on the
North: at an intersection with the westerly prolongation of the centerline of D Street.
Said easement contains 187,399.26 sq. ft.( 4.302095 acres)
See City of San Diego Drawing No. 30998-D
~s
Lester E. Carter Jr., 6148
Sr. Land Surveyor, Field Engineering
My Registration Expires 3/31/06
1- - of>l(;r:;'J,.
Date
file: sbaYJev.wpd w.o. 192155 04/05/02 - dgb
3-21