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Home My WebLink About2008/01/15 Item 6 CITY COUNCIL AGENDA STATEMENT 1/15/08, ItemL ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT DEED GRANTING AN EASEMENT FOR WATER FACILITIES OVER CITY OWNED LAND TO THE CITY OF SAN DIEGO FOR'THE OT A Y -SAN DIEGO PIPELINE DIRECTOR OF ENG AND GENERAL SERVICES6J.Y CITY MANAGER ASSISTANT CIT AGER "7 r SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES 0 NO [gJ BACKGROUND As part of the City of San Diego's relocation of the Otay water pipeline, it was necessary to place a portion of the improvements within land owned in fee by the City of Chula Vista. The construction of this project has already been completed. The land is located along the southerly right-of-way of Telegraph Canyon Road west of Heritage Road. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 5 categorical exemption pursuant to Section 15305 [Minor Alterations in Land Use Limitations] of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution granting the easement to the City of San Diego and authorizing the Mayor to execute the Easement Deed. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION In November 2000, the City of San Diego approved plans for the construction and relocation of the Otay Second pipeline. The area of construction is generally located on Telegraph Canyon Road, 6-1 1/15/08, Item~ Page 2 of2 1600' westerly from the intersection of Telegraph Canyon Road and Heritage Road. After construction, it was discovered that the new alignment of the pipeline crossed onto a parcel owned by the City of Chula Vista. This parcel was granted from the County of San Diego to the City of Chula Vista by a Quit Claim Deed dated June 15, 1992 as document number 1992-0371284. On September 5, 2007, Otay Project, L.P., on behalf of the City of San Diego, applied for a water easement from the City of Chula Vista to facilitate getting their waterline construction bonds released. While the City is under no obligation to grant this easement without compensation, staff has determined that the value of the easement is nominal and that the benefits of the upgrade outweigh any impacts caused by the facilities. Additionally, staff has determined that the proposed easement use is consistent with the permissible uses for this land. Staff therefore recommends that the easement be granted to the City of San Diego 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, which is the subject of this action. FISCAL IMPACT There is no impact to the City's General Fund as a result of this action. All costs associated with the processing of this easement will be borne by the developer through its established deposit account. ATTACHMENTS 1. Easement Deed 2. Exhibit "A" 3. Exhibit "B" Prepared by: Greg Hopkins, Land Development Surveyor, Engineering and General Services Department M:\EngineerIAGENDA\CAS2008\OJ-15-08\City olSan Diego Water Easement CAS.doc 6-2 ATTACHMENT I RECORDING REQUESTED BY: THE CITY OF SAN DIEGO ANa WHEN RECORDEO MAIL TO: CITY CLERK CITY OF SAN DIEGO MAlL STATION 2A Originating Dept - DSD/LDR - M.S. 501 (THIS SPACE FOR RECORDER'S USE ONL Y) GRANT DEED - WATER EASEMENT J.O. NO: 990360 PTS NO: 127429 ASSESSOR'S PARCEL NO: 641-071-36 DWG NO: 19332-8 (PARCEL E) NO FEE FOR GOVT. AGENCY GOVERNMENT CODE 27383 NO DOCUMENT TAX DUE R & TCODE 11922 Forvaluable consideration, receipt of which is hereby acknowledged, THE CITY OF CHULA VISTA HEREBY GRANT{S) to the City of San Diego, a municipal corporation, in the County of San Diego, State of California, a pennanent easement and a right-of- way for access to construct, reconstruct, maintain, operate and repair water facilities, including any or all appurtenances thereto, together with the right of ingress and egress, aver, under, along and across all that real property situated in the City of San Diego. County of San Diego, State of California, described as fallows: See exhibit "A" attached hereto and exhibit "B" attached for illustration purposes Reserving unto the Grantor herein, heirs and assigns the continued use of the above described parcel of land subject to the following conditions: The erecting of buildings, masonry walls, and other permanent structures; the planting of trees; the changing of the surface grade; and the installation of privately owned pipe lines shall be prollibited except by an Encroachment Maintenance and Removal Agreement issued by the City Engineer. Date: Grantor: THE CITY OF CHULA VISTA !k ( sionature! (type or print name) This is to certify that the interest in real property conveyed by this instrument to the City of San Diego, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of San Diego, pursuant to authority conferred by the Municipal Code, and the grantee consents to recordation thereof by its duly authorized officer. Date: For City Engineer By: NOTE: NOTARY ACKNOWLEDGMENTS FOR ALL SIGNATURES MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ. Printed on recycled paper. Visit our web site at WNW.sandieao.oov/develooment-services. Upon request, this infonnation is available in alternative formats far persons with disabilities. 6-3 ATTACHMENT Z- EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT PARCEL "E" A 30.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF QUARTER SECTION 41 OF RANCHO DE LA NACION, ACCORDING TO MAP NO. 166, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 1, 1869, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF TELEGRAPH CANYON ROAD AND PASEO RANCHERO AS SHOWN ON CHULA VISTA TRACT NO. 98-06 OTAY RANCH VILLAGE 1 WEST "A" MAP NO.1 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDDING TO MAP THEREOF NO. 14029, FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2000; THENCE ALONG THE CENTERLINE OF SAID PASEO RANCHERO, SOUTH 22058'51" EAST, 259.75 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2000.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04010'51" A DISTANCE OF 145.94 FEET; THENCE RADIAL FROM SAID CURVE SOUTH 62050'18" WEST, 68.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID PASEO RANCHERO; THENCE LEAVING SAID WESTERLY LINE, NORTH 45024'11" WEST, 218.52 FEET; THENCE NORTH 68001 '28" WEST, 107.10 FEET; THENCE SOUTH 89028'32" WEST, 80.15 FEET; THENCE ALONG A LINE PARALLEL WITH AND 102.00 FEET SOUTHEASTERLY OF THE CENTERLINE OF SAID TELEGRAPH CANYON ROAD, SOUTH 66058'32" WEST, 829.18 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2102.00 FEET; THENCE SOUTHWESTERLY AND PARALLEL WITH THE CENTERLINE OF SAID TELEGRAPH CANYON ROAD ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15037'20" A DISTANCE OF 573.13 FEET; THENCE CONTINUING ALONG SAID PARALLEL LINE, SOUTH 82"35'52" WEST, 157.73 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY LINE OF SAID MAP NO. 14029, SAID POINT ALSO BEING ON THE SOUTHEASTERLY BOUNDARY OF THAT PORTION OF TELEGRAPH PAGE 1 OF 2 :DS M:\0025\273\Legal Descriptions\A15.DOC WO 25-272 6/28/07 6-4 CANYON ROAD GRANTED TO THE CITY OF CHULA VISTA PER DEED RECORDED APRIL 18,1967 AS FILE NO. 53304 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID PARALLEL LINE, SOUTH 82035'52" WEST, 174.28 FEET TO THE POINT OF TERMINUS, SAID POINT ALSO BEING A POINT ON THE BOUNDARY OF SAID MAP NO. 14029 AND ALSO BEING A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PORTION OF TELEGRAPH CANYON ROAD GRANTED TO THE CITY OF CHULA VISTA. THE SIDELINES OF SAID 30.00 FOOT WIDE STRIP LAND SHALL BE SHORTENED OR EXTENDED SO AS TO TERMINATE EASTERLY IN A LINE THAT BEARS NORTH 72011'20" EAST THROUGH THE TRUE POINT OF BEGINNING AND WESTERLY IN THE BOUNDARY OF SAID OF SAID MAP NO. 14029. CONTAINING 0.121 ACRE MORE OR LESS. ~,~~~ ~-28-2oo7 DAVID W. AMBLER L.S.7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :DS M:\0025\273\Legal Descliptions\A15.DOC WO 25-272 5/28/07 6-5 EXHIBIT "B" r ' -' '"";HMENT 3 o ANyON RD. 'tELEGRAPH C ~ f:j NOT TO SCALE I RAPH CANYON ROA~d~J8~DED PORTION or WEgHUL4 VISTA:~ 053304 OF oR. m "'" ~'n;"7 AS mE/PAG . <>\\ ~ APRIL 1 . -01'>' . SEE DETAIL ''8'' /" .. .. ~Gt'~ I'>~ w '~ pps,ctL f ,,~\.o~ ;<<.0 ~ "/- i!: ,.P.O'S' p,RCtL .~t:Ac~~~_ . SEE DETAIL 'fI" ,pas. .----- p',~ ~-~- " ^ -.~..--- ::::;-~- 'v' p,RetL n '~l'- \1'~~~_d:::...&..-r.51" v'\ P.OL~N 82"3--=6'20"E 6703,18/ ..... -: - \2:.z=?"'5~j7 20102.0 \.. ___ 4712 _ - b",l R"'Z 198.95' -+ - .aT -..... PARCEL "0" 141 78 -----76.~40.E: 1.354 ACRES o :3)4935' 20' .r-tt11 Z N8Z'J5'52't: 782 PARCEL" ME" '-~" ~.'21 ACRE '-..:: PARCEL "F" .341 A R DETAIL ''8'' ~ t;; w J: <n -\ \.>0'\ z" "> 'On" ......0_ \ .:>::1.... .-"'\. ~zo ( '9J~ .. ~~ 0... ~"I :$ ~ ~r "- M LOT 6 NyON RD. 'tELEGRAPH CA p.O.T. CHULA VISTA TRACT NO. 98-06 OTAY RANCH VILLAGE 1 WEST "A" MAP NO. 1 MAP NO. 14029 0; o o N 11 NUMBER DELTA CT 09'15'00" RADIUS LENGTH 90.00 /4.53 = NUMBER L1 L2 LJ BU1R1NG N 6rJ4'4J''W N 5f'J4'4J"W N 61"J4'4J"W DISTANCE 45.25' 36.71' 9.54' w ~ <( u <n R=\OlJ4\&:MAP\OlJ4Y007 - w.o. 25-27:3 - -- ,- - N I 200 400 600 , N DETAIL 'fI" NOT TO SCALE 200 0 SCALE ,. ,200' WATER EASEMENT c:: IN PARCELS 1 AND 9 OF PARCEL MAP NO. 18396, AND A PORTION OF QUARTER SECTION 41 OF RANCHO DE LA NACI0N, ACCORDING TO MAP TIlEREOF NO. 166 OESCRIPTIOO ~ N'PRO'IEC IlATE FIUED CITY OF SAN DIEGO, CALIFORNIA ORIGINAL SHEET 7 Of" 7 SHEETS w.o. ,.,. 990360 F"QR CITY ENGINEER om 1811 6330 NAD a:3 COORDINATES 171-1771 LAM8ERTCOORDINATES '"'''' 19332-7-8 6-6 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT DEED GRANTING AN EASEMENT FOR WATER FACILITIES OVER CITY OWNED LAND TO THE CITY OF SAN DIEGO FOR THE OTAY-SAN DIEGO PIPELINE. WHEREAS, the City of Chula Vista (City) is the fee owner of that certain real property situated in the City of Chula Vista, County of San Diego, State of California, identified as San Diego County Assessors Parcel No. 641-071-36-00; and WHEREAS, the City of San Diego has constmcted the Otay - San Diego Pipeline; and WHEREAS, that Pipeline crosses a portion of Parcel No. 641-071-36-00; and WHEREAS, Otay Project, L.P. has requested an easement on behalf of the City of San Diego. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ChuIa Vista that it authorizes the Mayor to execute an easement deed granting an easement for water facilities over City owned land to the City of San Diego for the Otay - San Diego Pipeline. Presented by Approved as to form by Jack Griffin Director of Engineering and General Services 4J -1 0. ~e-~ &r ~ ~ j.rv Ann Moore City Attorney H:\ENGINEER\RESOS\Resos2008\Q 1-15-08\City of San Diego Water easement revised by ec,doc 6-7