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HomeMy WebLinkAbout2011/06/21 Item 05TY COUNCIL STATEMENT ~~ CITY OF CHULA VISTA 6/21/11, Item J ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN OFFER FROM THE SAN DIEGO COUNTY WATER AUTHORITY TO PURCHASE EASEMENTS ACROSS CITY OWNED LAND FOR WATER PIPELINE MAINTENANCE PURPOSES SUBMITTED BY: DIRECTOR OF PUBLIC WORk~_ ~~~'r' ASSISTANT DIRECTO OF ENGEVEER I~i REVIEWED BY: CITY MANAGER ASSISTANT CIT NAGER~j~ 4/STHS VOTE: YES ^ NO SUMMARY The San Diego County Water Authority is the public agency responsible for importing up to 95 percent of all water used in San Diego County each year. They currently operate an aqueduct that traverses City owned property from the water treatment plant at the base of Lower Otay Lake northwesterly to Hunte Parkway, just east of Exploration Falls Drive. The Authority has made an offer in the amount of $286,432 to purchase additional easement area adjacent to their existing easement for maintenance and access of the aqueduct. On June 23, 2009, staff presented this item to Council in Closed Session and was authorized to conduct negotiations to finalize the terms of the transaction. These negotiations are now complete and staff is asking that Council consider accepting the offer and entering into an agreement to sell the requested easement to the Water Authority. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the proposed action may have a significant effect on the environment. Therefore, pursuant to Section 15061(b)(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. 5-1 6/21/11, Item Page 2 of 3 DISCUSSION The San Diego County Water Authority is the public agency responsible for importing up to 95 percent of all water used in San Diego County each yeaz. Through underground aqueducts comprising 125 miles of pipelines, they distribute water to 23 retail water agencies and cities within the County of San Diego. They currently operate an aqueduct that traverses City owned property from the water treatment plant at the base of Lower Otay Lake northwesterly to Hunte Parkway, just east of Exploration Falls Drive. As a matter of ongoing maintenance to prolong the life of these systems, as well as in the case of emergencies, the Authority needs access to azeas adjacent to the pipelines. Because of the topography surrounding the existing easement, the Water Authority has determined that additional area is required to adequately access the underground pipelines. In May 2009, the City was presented with an offer to purchase this additional easement area. The requested easement azea can be divided into four distinct areas. The first, involves two City owned open space lots north of Otay Lakes Road east of Martinique Road. The proposed Water Authority use is consistent with the permitted uses for these lots. The other three areas lie adjacent to the existing Water Authority corridor that travels southeasterly from Hunte pazkway to the treatment plant at the base of Lower Otay Lake. The first of these areas is the northerly 1.2 (+/-) acres of the easement area. This azea is currently owned by the City but designated to be exchanged as a part of the University land exchange agreement. The portion of this pazcel that the Water Authority is seeking an easement over is currently fully encumbered by an existing San Diego Gas & Electric and should have no additional affect on the developability of the parcel. The second area in this corridor is 2.7 acres (+/-) and lies entirely within the Multiple Species Conservation Program (MSCP) land 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 related to the MSCP. The third area lies within Lot D of the land exchange agreement for the University site. This parcel is currently designated to be exchanged to a developer as a part of the University land exchange agreement. The developer has been informed of the City's proposed conveyance to the Water Authority and requested that the City reserve the right for the developer to perform fuel modification within the Easement azea. We have added this condition to the agreement. Staff believes that the sale of the proposed easement area is in the best interest of the regional water needs and will provide aone-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 boundazies of the property that is the subject of this action. 5-2 6/21/11, Item ~ Page 3 of 3 CURRENT YEAR FISCAL IMPACT The sale of the easements to the San Diego County Water Authority will result in a positive net fiscal impact to the General Fund of $116,432. The remaining revenue was eazmazked for proposed expenditures in the General Fund. Specifically, on August 17, 2010, Resolution 2010- 212 authorized the expenditure of $150,000 for completion of the Bonita and Long Canyon Erosion and Drainage Assessment. An additional $20,000 was budgeted in the Public Works Real Property Section FY 2010-11 operating budget for real property activity. ONGOING FISCAL IMPACT None. ATTACHMENTS Purchase Agreement Prepared by: Rick Ryals, Real Property Manager, Public Works Engineering J IEngineerlAGENDAICAS2011106-2]-]IISDCWA Easement saleREV2.doc 5-3 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~COUN _-----~ Glen R. Googins City Attorney Dated: ~' ~ / / PURCHASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO COUNTY WATER AUTHORITY FOR PIPELINE MAINTENANCE 5-4 THE CITY OF CHULA VISTA PURCHASE AGREEMENT CTI'Y OF CHULA VISTA, California Municipal Corporation "GRANTOR" SAN DIEGO COUNTY WATER AUTHORTfY, "GRANTEE" 5-5 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is entered into as of , 2011, by and between The San Diego County Water Authority, ("Grantee" or "Water Authority"), and The City of Chula Vista, a municipal corporation ("Grantor" or "City"). This Agreement shall be for the purchase and sale of four sepazate easement interests (collecfively "Easement Interest"), 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, Ciry 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 Boazd 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 Mazch 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; and WHEREAS, Grantee wishes to purchase an easement interest over and under the Property; and WHEREAS, Grantee has adopted the San Diego County Water Authority Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) which provides Incidental Take of species specific to the provisions of the NCCP/HCP, its associated Implementation Agreement, and permits issued pursuant to section 10(a)(1)(B) of the Endangered Species Act and the California Natural Community Conservation Planning Act; and WHEREAS, the easement interest is specifically described in Exhibit "A" and depicted on Exhibit "B", attached hereto and, by this reference, incorporated herein; and WHEREAS, the he City wishes to sell the Easement Interest to Grantee for the sole uses 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 5-6 ARTICLE I. DEFINTI'IONS 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 Subarea Plan" means the Subazea Plan prepazed by the City of Chula Vista and reviewed and approved by the WIldlife Agencies, and adopted by the Ciry of Chula Vista as part of the City's General Plan, to implement the MSCP Subregional Plan within the Chula Vista Subarea. "Chula Vista Covered Species" means those Covered Species which aze adequately conserved by the Chula Vista Subarea Plan, together with other Subazea 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 Subazea 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. "County Water Authority" means the San Diego County Water Authority "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 4-3 of the Chula Vista Subazea Plan. "Easement Interest" means a permanent easement interest together with the right to use and occupy the surface and subsurface ("Easement Interest") over and under portions of the Property subject to the provisions contained in the Grant of Easement and this Agreement. 5-7 "Future Facilities" means facilities that are necessary to support City services or planned development in the future and aze 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. "Hazazdous 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 Urrited States Government as hazardous waste, (ii) is defined as a "solid waste", "sludge", "hazazdous waste", "extremely hazardous waste", "restricted hazazdous waste", "Non-RCRA hazazdous 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", "Hazazdous Substance", or "Hazazdous Waste" under Section 25501 of the California Health and Safety Code; (v) defined as a "Hazardous Substance" under Section 25281 of the California Health and Safety Code; (vi) asbestos; (vii) petroleum products, including without limitation, petroleum, gasoline, used oil, crude ofl, waste oil and any fraction hereof, natural gas, natural gas liquefied, natural gas or synthetic fuels, (viii) materials defined as hazazdous or extremely hazazdous pursuant to the California Code of Regulations; (ix) polychlorinated biphenyls; (x) defined as a "Hazardous 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 "Hazazdous 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 per sons and entities under the jurisdiction and control of the City of Chula Vista through permits issued pursuant to the HLTf. "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 vegetafion fora 900-squaze mile azea in southwestern San Diego County, California. "NCCP/HCP" means the San Diego County Water Authority Natural Community Conservation Plan that provides incidental take of certain species listed as endangered or threatened per the federal Endangered Species Act and/or the California Endangered Species Act. The NCCP/HCP is 4 5-8 pending fmal approval of the WIldlife Agencies, including issuance of permits and execution of an implementing agreement. "Otay Ranch Preserve" means the 11,375-acre habitat conservation azea established by the Otay Ranch Phase 1 Resource Management Plan. "Preserve" means the area 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 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 Boazd of Supervisors and the City Councfl 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 March 6, 1996. "fake" 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) Pernut 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. "WHdlife 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 azeas that support rare 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 azeas aze generally the focus for conservation by the NCCP/HCP and other conservation plans. The NCCP/HCP uses the term "biologically significant resource area" to include the following types of habitat azeas within the Plan Area: an upland or wetland habitat management azea (e.g., all existing Water Authority committed lands in the NCCP/HCP), and azeas that have been designated in approved (or in- approval stage) conservation plans as biological resource core azeas, pre-approved mitigation azeas, corridors/linkages or equivalent designated/defined terms. 5 5-9 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 Clearance. City reserves and maintains the right to perform brash 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 areas on the Property. ARTICLE III. PURCHASE AND TRANSFER OF TITLE 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 Interest 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 Interest shall be TWO HUNDRED EIGHTY SIX THOUSAND AND FOUR HUNDRED THIRTY TWO DOLLARS ($286,432.00) ("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 Interest 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 are, 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 a fully executed deed for the Easement Interest in the form attached as Exhibit "A" free and clear 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. 6 5-10 ARTICLE IV. Biological Resource 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 mare restrictive provisions shall control unless prohibited by law. Notwithstanding any other provisions herein, the County Water Authority shall be subject to and comply with all applicable state and federal laws and regulations, as well as, other applicable City Municipal Code Sections. 4.2 County Water Authority Responsibility. The County Water Authority acknowledges and agrees that should the County Water Authority construct, re-locate improvements and/or facilities, or conduct any activities in the Easement Interest, that the County Water Authority shall be solely responsible for complying with any environmental review required under CEQA, applicable state and federal laws, and any applicable City requirements. The County Water Authority shall be solely responsible for any impacts or mitigation that may be required resulting from the construction or location of such facilities or improvements or for conducting said activities. 4.3 Water Authority has approved the NCCP/HCP to address incidental take of certain plants and animals species that are protected under the State and federal Endangered Species Act. The Water Authority has determined that Easement Interest that is within the MSCP Preserve is a BSRA. The City and Water Authority agree that future Water Authority actions within the Easement Interest will be conducted pursuant to Water Authority's NCCP/HCP. 4.4 No reliance on Chula Vista's MSCP Subarea Plan. The Grantee acknowledges and agrees that it shall not rely on the City's MSCP Subarea Plan or the City's Take Authority for any future facility or activity proposed in the Easement Interest. The Grantee further agrees that any impacts to sensitive biological resources shall be mitigated through some mechanism other than the City's MSCP Subarea Plan. 4.5 Although not anticipated, the City and County Water Authority agree that if there is a conflict between provisions of the MSCP and NCCP/I-ICP concerning implementation of a Covered Activity or effects on either MSCP or NCCP/HCP Covered Species, the Wildlife Agencies will coordinate with the City and County Water Authority [affected permittees of each conservation plan] to determine the appropriate regulatory course of action to maintain compliance with each conservation plan. Following consultation with the Wildlife Agencies, the County Water Authority shall continue to process and provide coverage for any future activity through the County Water Authority's NCCP/I-ICP. 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 Interest 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 furnish such information as required by Title Insurer in order for the Grantee to obtain said Title Policy. 7 5-11 ARTICLE VI. PRORATION, FEES, COSTS, AND REIMBURSEMENTS 6.1 Taxes. The Grantee represents that it is a public entity exempt from property taxes. Grantor's Obligations. At least two (2) business days prior to Closing Date, Grantor shall pay any amounts required by this Article entitled "Proration's, Fees, Costs, and Reimbursements" to be paid by Grantor. Grantor shall provide the Grantee of proof of said payments prior to the Closing Date. ARTICLE VII. TERMINATION OF AGREEMENT 7.1 Termination for Convenience. Notwithstanding any provisions in this Agreement, City or County Water Authority may terminate this Agreement at any time up to two (2) business days prior to the Closing Date for any reason, by giving specific written notice to the other party of such termination and specifying the effective date thereof. City and County Water Authority 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 parry 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 temunation, 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, termination of this Agreement for any reason will not temunate Grantee's obligations that aze 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 Interest and to become familiar with each of the same prior to the execution of this Agreement and through the execution of this Agreement, Grantee acknowledges its complete understanding of such encumbrances. 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 Interest or Property any Hazazdous Materials, and (ii) Grantor is not awaze of any environmental condition 5-12 on the Easement Interest 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 Interest 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 action 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 dischazge of Hazazdous Materials on, beneath, above or in the vicinity of the Easement Interest. 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 Interest. 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 waiver with legal counsel. Grantee warrants that this waiver is informed, knowing and voluntary. ARTICLE X. RIGHT TO ENTER 10.1Right 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. 5-13 ARTICLE Xi. MUTUAL INDENINIT'Y 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 this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without ]irritations, 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 by the 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 aze 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 harmless 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 to 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 aze 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 Ciry's percentage of fault established. 11.3 Costs of Defense and Awazd. 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 party to whom the indemnity obligation is owed ("Indemnitee"). The Indemnitor shall pay and satisfy any judgment, awazd 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. 10 5-14 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, WARRAN'T'IES, 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 troth 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 Interest, and (iii) the Grantee's opinions and advice concerning the Property and the Easement Interest. 12.2 "As Is" Purchase. Grantee is relying solely upon its own inspection, investigation, and analysis of the Easement Interest in entering into this Agreement. The Easement Interest 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 Interest, including but not limited to, any of the following matters: a. Soils, Topography, Etc. Soils and geological condition; topography, azea and configuration; azcheological, 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 Interest. c. Entitlements. The ability to receive take authorization or to use the Easement Interest in a manner that maybe contemplated by the Grantee. d. County. Any actions taken by the County resulting from the Grantee's purchase of the Easement Interest. ARTICLE X1II. 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. 11 5-15 13.2 Designation and Contact Information. The following, including their respective addresses, aze hereby designated as Administrators for the purposes of this Agreement only: Rick Ryals San Diego County Water Authority Real Property Manager Attn: Dtrector of Right of Way City of Chula Vista 4677 Overland Avenue Public Works/Engineering San Diego CA 92123 276 Fourth Avenue Chula Vista, CA 91910 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 aze 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 aze merged into this Agreement. 14.7 Severability. 1n 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. 12 5-16 14.8 Drafting Ambiguities. The Parties agree that they aze awaze 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 Parry by reason of the extent to which each Party participated in the drafting of the Agreement. 14.9 Conflicts Between Terms. If an appazent 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 appazent 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 azbitration shall be brought arising out of this Agreement, against the City unless a claim has first 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 aze 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 Water Authority unless a claim has fast been presented and filed in writing with the Water Authority in accordance with Chapter 1.16 of the Water Authority Administrative Code, as maybe amended from time to time. 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 Parry 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. 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, 13 5-17 State of California, and if applicable, the Ciry 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 Water Authority as a county water authority formed pursuant to the County Water Authority Act. 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 Water Authority 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 Parry 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 acfion 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 constmed 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 Grantor has signed this Agreement. 14 5-18 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 5-19 SIGNATURE PAGE OF PURCHASE AGREEMENT BY AND BETWEEN THE CTI'Y OF CHULA VISTA AND THE SAN DIEGO COUNTY WATER AUTHORITY This Agreement has been executed in San Diego County, California, as of the date set forth atthe beginning hereof. GRANTOR: THE CTi'Y OF CHULA VISTA, a California municipal corporation Title GRANTEE SAN DIEGO COUNTY WATER AUTHORITY William L. Busch Director of Right of Way Date: ZO Approved asnto form: Leslie Gallaghe~~~ Assistant General Counsel Attest: Donna Norris City Clerk 16 5-20 EXHIBIT "A" LEGAL DESCRIPTION APN: 595-490-14 VESTING: VESTING: THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION LOT'A' OF CHULAVISTATRACT N0.93-03, TELEGRAPH CANYON ESTATES, NEIGHBORHOOD 3 UNIT NO. 3, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13185 RECORDED JANUARY 27, 1995 AS FILE NO. 1995-039488 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN PERMANENT EASEMENTS TO THE SAN DIEGO COUNTY WATER AUTHORITY RECORDED MARCH 26, 1959 IN BOOK 7569, PAGE 148, RECORDED OCTOBER 3, 1983 AS FILE/PAGE NO.83-353519, AND RECORDED SEPTEMBER 3, 1993 AS FILE/PAGE NO. 1993-0585948, ALL OF OFFICIAL RECORDS, AS SHOW N ON SHEET 15 OF RECORD OF SURVEY NO. 19647 RECORDED MARCH 16, 2007 AS FILE NO. 2007-0180346 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CONTAINING 6,488 SQUARE FEET MORE OR LESS ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B" THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. ~f~~t%~~/'----~ ~~ AND 3(~91~ MICHAEL SCHLUMPBERGER, PLS 7790 ~~5 ~`~,SCHL(/,yp~ F~ ~} ZGV7 ~ ~~ 99 ~ DATE ,~ Exp. ~a/si ~ '~ ~j, No. 7790 ,~ yT~ O~ GA~\~~4`, CRand projects 20061070111012-11 SOCWA Pipeline 3 NewAcquisNons~Oowments~LegalslSOCWA-595-090.141g1doc 5-21 EXHIBIT A LEGAL DESCRIPTION "EASEMENT" CITY OP CHULA VISTA A.P.N. 595-450-40 SDCYVA PARCEL NO. P03-200 B THAT PORTION OF OPEN SPACE LOT A OF CHULA VISTA TRACT NO. 93-03, TELEGRAPH CANYON ESTATES, NEIGHBORHOOD 1, UNIT N0. 1, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0.13068, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 22, 1993, AS DESCRIBED IN DEED TO THE CITY OF CHULA VISTA, RECORDED JANUARY 31, 1994 AS FILE 1994-0068778, LYING 85.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF THE SAN DIEGO COUNTY WATER AUTHORITY PARCEL 200, RECORDED MARCH 26, 1959 IN BOOK 7569, PAGE 148 OF OFFICIAL RECORDS. EXCEPTING THEREFROM, SAN DIEGO COUNTY WATER AUTHORITY'S PARCEL 200-B, DESCRIBED PER DOCUMENT NO. 1993-0585948, RECORDED SEPTEMBER 3, 1993 OF O.R. CONTAINING 18,649 S.F. MORE OR LESS ~" SY `~ ~ ¢`~ ~ lq~O~z <`,, U Q. m O S+ f ~ J ~ EXP. 9l30Ii/ ~ z MARVIN LAKOWSKI, PLS 6998 DATE * N0.6996 EXPIRATION 9/30/11 ,q MJS 8!12/09 ~9~OF CAL\FO¢~ 5-22 EXHIBIT A LEGAL DESCRIPTION "EASEMENT" CITY OF CHULA VISTA A.P.N.595-450-39 SDCWA PARCEL NO. P03-200 C THAT PORTION OF OPEN SPACE LOT C OF CHULA VISTA TRACT NO. 93-03 TELEGRAPH CANYON ESTATES, NEIGHBORHOOD 1, UNIT NO. 1, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF N0.13068, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 22, 1993, AS DESCRIBED IN DEED TO THE CITY OF CHULA VISTA, RECORDED JANUARY 31, 1994 AS FILE 1994-0068778, LYING 85.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF THE SAN DIEGO COUNTY WATER AUTHORITY PARCEL 200, RECORDED MARCH 26, 1959 IN BOOK 7569, PAGE 148 OF OFFICIAL RECORDS. EXCEPTING THEREFROM, SAN DIEGO COUNTY WATER AUTHORITY'S PARCEL 200-B, DESCRIBED PER DOCUMENT NO. 1993-0585948, RECORDED SEPTEMBER 3, 1993 OF O.R. CONTAINING 10,871 S.F. MORE OR LESS ~~ ,~ y ~ ~® * g ExP sraori/ /~`~~~ U ~ MARVIN J. YLAKOWSKI, PLS 6998 DATE N0.6998 EXPIRATIONS/30/11 9~^ * _~~ MJS 8/12109 O 5-23 EXHIBIT A LEGAL DESCRIPTION ADDITIONAL AQUEDUCT WIDTH CITY OF CHULA VISTA A.P.N.' 643-070-10, 644-080-11&15 SDCWA PARCEL NO. P-03 204D DECEMBER 301N200i ASNFDILE 2001-097D0 5, DYWG WITHHN OTS 30, 4, 8 & 9 OF OTAY RANCOHO EN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, LYING 70.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES TO OF THE CENTERLINE OF THE SAN DIEGO COUNTY WATER AUTHORITY PARCEL 204, RECORDED MARCH 26, 1959 IN BOOK 7568, PAGE 585 AND BY DOCUMENT RECORDED SEPTEMBER 4, 1959 IN BOOK 7806, PAGE 558, BOTH OF O.R. EXCEPTING THEREFROM, SAN DIEGO COUNTY WATER AUTHORITY'S PARCEL 204-B, DESCRIBED PER DOCUMENT N0.I993-0585949, RECORDED SEPTEMBER 3, 1993 O.R. ALSO EXCEPTING THEREFROM SAN DIEGO COUNTY WATER AUTHORITY'S PARCEL 204-C PER DOCUMENT NO. 1993-0585950, RECORDED SEPTEMBER 3, 1993 O.R. CONTAINING 5.00 ACRES, MORE OR LESS ~y,~ ~, SY(,t~~~ ¢~ U~ ~0 ~., /s ~ ~ EXP 9!31'171. ~ M RVIN J. S KOWSKI, PLS 6998 DATE * N0.6998 * EXPIRATIONS/30/ti `lei ; ~~P® MJS 8/12/09 REV 3~15M 1 5-24 \~~ ~~~ r ~~~~ ~, v ~.' v'-, C' ~~ ~J~"QO ~P~ ~~ EXHIBIT "B" $°~ $°~ ~\ ~ \?o ~ ~ O` ~~ \ 9 O` >\'. ~ ~ <J ,'\o\ ~~ ,~ GRAPHIC SCALE 1 INCH = 80 FT. NOTE: DATA SHOWN HEREON IS BASED ON RECORD INFORMATION. EXISTING 20' WIDE ESMT TO OTAY MUNICIPAL WATER DISTRICT REC. 4/21/1982 AS F/P 82-112201 O.R. AS SHOWN ON MAP 13185. EXISTING 20' WIDE OTAY WATER DISTRICT EASEMENT DEDICATED & ACCEPTED PER MAP 13186 ~-r r~ i~il~1~ 1J 1JJ (OPEN SPACE) \ APN: 595-490-14 ~O OWNER: CITY OF ~~ ~ CHULA VISTA / wR\\\ U ~ ;: ~ o \ \ x ~ w ~ _ p ^ \q~q S~ ~w~ ~, ~' 90G ' ~ Fi CO ,r t u~ ~ x ~ c"G ~ V~1 ~Gc° ~O ~h ~~ .._ \Cl i \ ~tJ \ tiGFp \~~ \~~ \ \F`GC'T \~ \f ~~ \~ EXISTING EASEMENTS 200: PERMANENT ESMT TO SDCWA REC. 3/26/1959 IN BK. 7569, PG. 148 OF O.R. 200-A: PERMANENT ESMT TO SDCWA REC. 10/03/1983 AS F/P N0. 83-353519 OF O.R. 200-8: PERMANENT ESMT TO SDCWA REC. 9/03/1993 AS DOC. N0. 1993-0585948 OF O.R. EXISTING EASEMENT FOR UNDERGROUND WATER PIPELINE REC. 17/02/1992 AS DOC. N0. 1992-0699337 O.R. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD. ~- No. 7790 Exp. t2/3t/ Right-Of-Way Engineering Services, Inc Land Surveying 4167 Avenida de la Ptata Ste. 114 Oceanside, CA 92056 (760) 732-1366 FAX (760) 732-1367 FILE NAME: SDCWA New Esmts Base.dwg VESTING: THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION DATE: JULY 2, 2007 I SHEET 1 OF 1 ~~ i~ ~' J~' Q`Q ~P _l RoAO .~ \\ ~~ \ \ ` \\ \\ ~ DENOTES AREA OF EASEMENT ACQUISITION. 6,488 SQUARE FEET MORE OR LESS. SAN DIEGO COUNTY WATER AUTHORITY 5-25 REC. 3/26/1959 IN BK. 7569, PG. ~ ' 148 OF O.R. ~ ~ - ~P~~ 200-A: PERMANENT ESMT TO SDCWA REC. 10/03/1983 AS F/P N0. OAP 83-3 5 351 9 OF O.R. 200-B: PERMANENT ESMT TO SDCWA REC. 9/03/1993 AS DOC. NO. 1993-0585948 OF O.R. SLOPE AND DRAINAGE ESMT REC. 5/02/90 SAN DIEGO COUNTY WATE AS DOC. N0. 1990-064524 OF O.R. DRAINAGE ESMT REC. 3/11/91 AS DOC. N0. 1991-0105439 OF O.R. CANNOT BE PL0T7ED VESTING: THE CITY OF CHI. PER RECORD DATA, NOTE: DATA SHOWN HERON IS BASED MUNICIPAL CORPOR/ ON RECORD INFORMATION. SDCWA PARCEL# P03-~l3 DATE: AU GU ST 03, 2009 `. 5-26 EXHIBIT . , ~ ~oo~ \ ~ ~9\\ ~ 5~ ~~\ \^t ~ / \ ~ ~ ~2Oa\'p~s ~ 9 ~6, ~\~ \\96, \ ` ~ ~ Q, -~ \ ~~ x;,~\\20 \~ y `_, \ o 100' 0 100' GRAPHIC SCALE 1 INCH = 100 FT. 5~ ' oEz~~E 06, ~ ~ ~ ~ ~ <~ \ ~ \ ~ ~~~~ ~Q ~~. \ \\ ~s ~ ~ EXISTING EASEMENTS 200: PERMANENT ESMT TO SDCWA REC. 3/26/1959 IN BK. 7569, PG. 148 OF O.R. 200-A: PERMANENT ESMT TO SDCWA REC. 10/03/1983 AS F/P N0. 83-353519 OF O.R. 200-B: PERMANENT ESMT TO SDCWA REC. 9/03/1993 AS DOC. N0. 1993-0585948 OF O.R. DRAINAGE ESMT REC. 3/11/91 AS DOC. NO. 1991-0105439 OF O.R. CANNOT BE PLOTTED PER RECORD DATA NOTE: DATA SHOWN HEREON IS BASED ON RECORD INFORMATION. SDCWA PARCEL# X03-2000. APN: 595-450-39 I ~ OWNER: CITY OF m ~ CHULA VISTA 10' WIDE GENERAL UTILITY EASMENT PER MAP 13068 J \ \ \\ ~ ~ ~~ ~ .~ ~~~~~ryo ~ ~ / . ~~o\\ ~~ \ ~\ ~ ~ ~ DENOTES AREA OF EASEMENT ACQUISITION. 10,871 SQUARE FEET MORE OR LESS. 5-27 ~: B„ EXHIBIT "B" ~~ e'~ NOTE: DATA SHOWN HEREON IS j BASED ON RECORD INFORMATION. I ' N~N~E i 1 ,,,y LOT 12 LOT s 9 LOT 2 I APN: 643-070-10 ~' ~' ~ i, I OWNER: CITY OF ~ `~~ i CHULA VISTA y i i I i ~ p~f 1 - ~~ i i DOC. N0. ~ 2001-0975075 Sy LOT 8 `~~' LOT 13 OTAY RANCH ~ ,~ LOT 3 MAP 862 ti I APN: 644-080-15 (~G OWNER: CITY OF CHULA VISTA i ~~, I ~ I I APN: 644-080-11 '`.. OWNER: CITY OF CHULA VISTA LOT 7 LOT 4 ~ooo' 0 laoo' cxlnPrac scams 1 INCH =1000 FT. j r' `~ . ~~, } ACQUISITION.EA OF EASEMENT SAN DIEGO COUNTY WATER AUTHORITY ~~,~;~ ! 5.00 ACRES MORE OR LESS. VESTING: THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION SDCWA PARCELS P03-204 D DATE MARCH 15, 2011 SHEET 1 OF 7 5-28 EXHIBIT "B" EXISTING EASEMENTS EXISTING EASEMENTS (CON'T) 3%43/1559 IIdEBK.E7568,EPG. 585 do REC.EB/4/1959 0 4/3/1979 'AS F/P D9G&E EA~EMENO R EC. IN BK. 7806. PG. 558 BOTH OF O.R. O EXISTING 6' N10E SDG&E EASEMENT PER 204-A: PERMANENT EASEMENT TO SDCWA REC. ~ITCLAIM REC. 7/4/1979 AS F/p 1979-306480 10/3/1963 AS F/P N0. 1983-353521 OF O.R. 204-8: PERMANENT EASEMENT TO SDCWA REC. 9/3/1993 AS DOG. N0. 1993-0585949 OF O.R. 204-C: PERMANENT EASEMENT TO SDCWA REC. 9/3/1993 AS DOG. NO. 1993-0585950, AND EXISITING 30' MADE ACCESS LICENSE REC. 8/5/1996 AS DOG. 1996-0393954 80TH OF O.R. © EXISTING 10' WIDE PIPEl1NE LICENSE REC. 7/10/1997 DCC. N0. 1997-0324833 O.R. SUBJECT TO LICENSE AGREEMENY REC. 8/5/1996 DOG. N0. 1996-0393954 O.R. OD EXISTING 120' WIDE SDG&E EASEMENT REC. 6/7/1983 AS F/P 83-190254 do REC. 1/29/1997 AS DOG. 1997-38452 BOTH OF O.R. 204-D: PERMANENT EASEMENT TO SDCWA REC. 9/3/1993 AS DOG. NO. 1993-0585950 OF O.R. 204-E: PERMANENT EASEMENT TO SDCWA REC. 12/10/1993 AS DOG. N0. 1 99 3-083251 2 OF O.R. 205: PERMANENT EASEMENT TO SDCWA REC. 8/19/1959 IN BK. 7851, PG. 490 OF O.R. 205-A: PERMANENT EASEMENT TO SDCWA REC. 1/5/1983 AS F/P N0. 83-003251 AND REC. 2/3/1983 AS F/P N0. 83-035926 BOTH OF O.R. 205-8-1: PERMANENT EASEMENT TO SDCWA REC. 9/22/1993 AS DOG. N0. 1993-0642980 OF O.R. EXISTING EASEMENT FOR DRAINAGE REC. 3/11/1991 AS DOG. 1991-0105439 O.R. AND AMENDED BY OUITCWM REC. 1/20/1994 AS DOG. 1994-0044156 O.R. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD EXISTING EASEMENT TO OTAY WATER DISTRICT REC. 11/02/1992 AS DOG. N0. 1992-0699337 O.R. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD EXISTING SDG&E ACCESS AGREEMENT FOR PIPELINE 2000 REC. 5/10/1996 AS DOG. N0. 1996-0239926 O.R. EXACT LOCATION CANNOT BE DETERMINED FROM RECORD SDCWA PARCELS P03-204 D O PORTION OF HUNTS PARKWAY SET ASIDE AS RIGHT-OF-WAY FOR STREET AND PUBLIC UTILITY PURPOSES REC. 5/12/2004 AS DOG. N0. 2004-0430190 AND 2004-0387297 BOTH OF O.R. O EXISTING JOINT USE AGREEMENTS REC. 4/30/2004 AS DOG. 2004-0387297, REC. 5/26/2004 AS DOG. 2004-0484155. REC. 5/26/2004 AS DOG. 2004-0484157, k REC. 5/26/2007 AS DOG. 2004-0484158, AL1 of o.R. © EXISITING JOINT USE AGREEMENT BETWEEN SDG&E AND qTY OF giULA VISTA REC. 4/30/1996 AS DOG. 1996-0217424 O.R. O EXISTING SEWER EASEMENT TO THE qTY OF CHULA VISTA REC. 1/29/1997 AS DOG. 1997-0038451 O.R. I ~ EXISTING SDGkE EASEMENT REC 2/10/1936 IN BK. 469 PG. 373 O.R. (NO WIDTH SPEgFlED) 5-29 r~ Z W C.~ 0 1- f- O° CD ~- F- --- w W +< ~ ., ~~ W W LOT 8 OTAY RANCH MAP 862 8\0~ I-- 1pI ~ LL. \ ~ _-___-__ \- 0 --------F-- n 204-A _ _ _ _ ~ 1- ~ -W ~ k Oi~S~y ~ i flp*} A ~- Z 4 +++i~ ' k',k r fi I' (n =75t,„ 2 n,~ u ~ ~~_l~i=:c. , Lv APN: 644-080-t5 ~ OWNER: CITY OF CHULA VISTA ROS 19647 - -------- --- ------------ ------------------- -- 204-B n 204-A 204 Ply --- - o_ ----~- M APN: 643-070-14 ~ t LOT 9 ~ ~ OWNER: BROOKFIELD SHEA OTAY LLC 204-A 0 TA Y RANCH ^ B _ APN: 643-070-10 -'~ -MAP 8 6 2 ~ a~ OWNER: CITY OF ~,~ ~~~ o~ ~ CHULA VISTA /~ ~ i ~~ o -c~ ----~ W _ _ ~ --~--07 - - - Q LOT 83f; ~x~ , ~, - ----- -- _ i o ~,~ L7 o E ~~5 J APN: 644-080-14 ~ w ~ OWNER: BROOKFIELD ~ _ SHEA OTAY LLC a p L' >-- ~- 0 a W F- z U 0 w_ z v7 5Z Qo J F ~a = O U a y0. 0 1- Q va Wz U I-' C~ ~ Fa n 0 W N U a '~ F a a D O N I M 0 a 3I V ROS 19647 n I n EXHIBIT Iii I ~~ R/W ICI HUNTE I I I ; PKWY. ~ -~-~-~Q I ~ - «B,~ 00' ~ , 00' I ~II ~ Z S' ~ ~--~~ I i I > ~ O ~~`' I ~ ~firt I I N ~ a ' I pi TyID~~~ imp V T O ~y9 .c p+ I C") coy ~;~ l i l I ~ a~ z ~ : ~ I I ~ ~, ~ >~ . ~~~ I ~ o~- F~ ~ ~ D ~ 13~ I I . ~ ~ I n z $' ~ ~~ ~ I I OW "s I N ICI n °~ I I >° I x o d; cl I a o ~0', s ~~~ ! I I I o ~'`~ I I `'=~ ~ ~ i ---i 20 ` '~ I I i ~ ~ I ~ SEE SHEET 4 TOP LEFT f 'i I ~ ~ SAN DIEGO COUNTY WATER AUTI ._..~= SEE ABOVE RIGHT ~ SDCWA PARCELS P03-204 D EXHIBIT SEE SHEET 4 BOTTOM RIGHT ~~~ ~ i ~ o~ I r I ~ ~ 4? ' ~/~''.~ I i~ ~ ~ 70< I i /! ~~ ~~ I ~~~~ --i ] ~ Z7 ~ c D C,.i 'z ~n ~ c B " 100' 0 100° O a~naHlc scA~ i INCH = 100 FT. SEE BELOW LEFT SEE SHEET 6 TOP LEFT SDCWA PARCELS P03-204 D I SEE ABOVE RIGHT EXHIBIT SEE SHEET 5 BOTTOM RIGHT 0 ~~ D r ~ ~ O ~ ~ ~ D ~ ~ z N n o~ =Zz a~~ ni ~{o D~ j SOCWA I a I I I A .~~„~ ~ h4~: I I ~~y ~~~ ~Y- I 1 },. V y, ~ I St : I I £E:4' ~ SEE ABOVE RIG HT P03-204 G ~ { B ~ ~ 100' 0 100' aaa,~Hlc scams 1 INCH m 1C-0 FT. SEE BELOW LEFT EXHfBIT "B" SEE SHEET 6 BOTTOM RIGHT D ~_ A A ~ A I < ado ~o ~, goo' o ADD' ~~~ i INCH = 100 FT. ® SEE 0 a a n _ z L--70~ ~ I BELOW LEFT lid ~ ~ I I I I I III I ~~ I I I I I I I ICI i I` I I I I I li ~ ii i '~I3I ~' I~ 1 0' ~ ~`~~ 1 ` '(R)- ` _, _, ~ ~_ k_'` 1 1 ~ , ~ `` 1 1 1 ~ ~ ~ ~ ~ SDCWA PARCEL, P03-204 D SEE ABOVE RIGHT RESOLUTION NO. 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN OFFER FROM THE SAN DIEGO COUNTY WATER AUTHORITY TO PURCHASE EASEMENTS ACROSS CITY OWNED LAND FOR WATER PIPELINE MAINTENANCE PURPOSES 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. 595-450-39, 595-450-40, 595-490-14, 643-070-10, 644-080-11 and 644-080-15, in the City of Chula Vista, County of San Diego, State of California; and WHEREAS, the San Diego County Water Authority (Water Authority) is the public agency responsible for importing up to 95 percent of all water used in San Diego County each year and distributing that water through underground aqueducts comprising 125 miles of pipelines to 23 retail water agencies and cities within the County of San Diego; and WHEREAS, the Water Authority currently operates an aqueduct that traverses the above described City owned property from the water treatment plant at the base of Lower Otay Lake northwesterly to Hunte Parkway, just east of Exploration Falls Drive; and WHEREAS, the Water Authority needs additional easement area to support the maintenance and repair of said aqueduct and has offered to purchase those easements from the City for a purchase price supported by an independent appraisal. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby accept the offer from the San Diego County Water Authority to purchase easements across City owned land for water pipeline maintenance purposes and authorizes the Mayor and City Clerk to execute the necessary documents. Presented by Richard A. Hopkins Director of Public Works 5-35