MEETING DATE: November 14, 2018

PREPARED BY: Stephanie Kellar, P.E. Senior Civil Engineer

DEPARTMENT DIRECTOR:

Brenda Wisneski

DEPARTMENT: Development Services CITY MANAGER: Karen P. Brust

SUBJECT: Acceptance of Two Easements over the San Dieguito Water District Property Located at 601 Santa Fe Drive. RECOMMENDED ACTION: It is recommended that the City Council:

1) Authorize the Development Services Department Director to accept the pedestrian, drainage, and general utility easement (Attachment 1) and the wall footing easement (Attachment 2) over 601 Santa Fe Drive (Location Map in Attachment 3) and convey fair market value or equivalent thereof to the San Dieguito Water District for such easement rights.

STRATEGIC PLAN: This project aligns with the Strategic Plan goals for:

• Community Planning - By maintaining safe and livable communities through well-

maintained infrastructure and facilities; • Public Safety - By creating a safe and secure environment for pedestrians traveling the

area; • Recreation - By promoting active lifestyles and community health by improving

pedestrian access; and • Transportation - By providing effective, safe, and easy transportation for all modes of

movement. FISCAL CONSIDERATIONS: The value of the City improvements to be constructed along the District frontage is approximately $53,000 for the sidewalk, curb, gutter, driveway, chain link fence, and gate. Staff has determined that the fair market value of the proposed easement rights is approximately $20,000. The fair market value to the District regarding the fence, gate, and driveway improvements proposed within the dedication area is comparable. . BACKGROUND: Approximately 1,075 linear feet of sidewalk, curb, gutter, and ADA-compliant pedestrian ramps are proposed along the south side of Santa Fe Drive between Interstate 5 and about 325 feet

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east of Mackinnon Avenue. Caltrans proposes to fund and construct the portion of the improvements within its right-of-way, and the City proposes to fund and construct the remainder with Project CS07B, Santa Fe Drive South Sidewalk Improvements. About 276 linear feet of the project fronts the San Dieguito Water District owned property located at 601 Santa Fe Drive. A pedestrian, drainage, and general utility easement dedication of about 1,603 square feet is needed from 601 Santa Fe Drive to allow construction of the sidewalk improvements. An additional wall footing easement of about 1,100 square feet is required to allow the construction of a small retaining wall and fence between the sidewalk improvements and the “A Tank Yard”. ANALYSIS: At its February 17, 2016 meeting, the San Dieguito Water District Board authorized the General Manager to dedicate the easements to the City of Encinitas in exchange for the City to construct a second driveway and gate to the property. Because the second driveway is no longer needed or desired by the District, the City instead proposes to construct a commercial grade chain link fence with slats along the new easement boundary and to provide a new gate at the entrance to the property. The City will also reconstruct a 30’ wide driveway to the District property in conformance with County of San Diego Regional Standard Drawings No. G-14E and G-16 and will replace the asphalt as needed to meet grade with a minimum pavement section of 4 inches of asphalt on 6 inches of Class II Base. Any utility relocations required for the City’s improvements will be at the City’s cost, and any expenses incurred by the District will be reimbursed. The City shall keep the District’s property frontage secured during construction. Improvements shall be constructed by November 14, 2019 unless an extension is agreed to by the District. The value of the Caltrans improvements along the 601 Santa Fe Drive property frontage is approximately $250,000 for the curb, gutter, sidewalk, drainage, fence, and retaining wall improvements. The value of the City improvements to be constructed along the frontage is approximately $53,000 for the sidewalk, curb, gutter, driveway, chain link fence, and gate. The approximate value of the proposed easement dedications is $20,000. The value of the fence, gate, and driveway improvements proposed by the City within the dedication area is comparable. ENVIRONMENTAL CONSIDERATIONS: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" per Section 15378(b)(5) of the CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. The action involves land dedication; any improvements will be addressed by the City’s construction permit. ATTACHMENTS:

1. Easement for Pedestrian, Drainage, and General Utility Purposes 2. Easement for Wall Footing Purposes 3. Location Map: SDWD Property at 601 Santa Fe Drive

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Recording Requested By: ) ) City of Encinitas ) ) When Recorded Mail to: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY

PUBLIC PEDESTRIAN ACCESS, DRAINAGE, AND GENERAL UTILITY EASEMENT

APN: 260-121-15 Project No.: CS07B SAN DIEGUITO WATER DISTRICT, FORMERLY SAN DIEGUITO IRRIGATION DISTRICT, hereinafter called GRANTOR, is the owner of the real property in the City of Encinitas, County of San Diego, State of California, described as follows:

SEE EXHIBIT “C” ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR does hereby grant, convey, and dedicate for good and valuable consideration the receipt of which is hereby acknowledged (fair market value equivalent) to the City of Encinitas, State of California, hereinafter called GRANTEE, a Public Pedestrian Access, Drainage, and General Utility Easement, subject to the terms and conditions set forth in EXHIBIT “D” which is attached and made a part hereof, over the real property described as follows:

SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF. In addition to the terms and conditions set forth in EXHIBIT “D”, the following condition applies: GRANTEE agrees to construct improvements as described in the City of Encinitas City Council staff report dated November 14, 2018 for the benefit of the real property described in EXHIBIT “C”. GRANTEE and GRANTOR hereby agree that the valuable consideration specified above includes full and final payment by GRANTOR. GRANTOR(S): William C. O’Donnell, General Manager Date San Dieguito Water District

Signature of “GRANTOR(S)” to be notarized. Attach the appropriate acknowledgments.

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GRANTEE: This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Date Brenda Wisneski Development Services Department Director City of Encinitas

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EXHIBIT “A” LEGAL DESCRIPTION

VESTING: SAN DIEGUITO IRRIGATION DISTRICT APN: 260-121-15 EASEMENT FOR STREET RIGHT OF WAY THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 22 AS SHOWN ON RECORD OF SURVEY 2058 RECORDED FEBRUARY 9, 1949 AS FILE NO. 12618; THENCE ALONG THE NORTH LINE OF SAID SECTION 22 SOUTH 89°18’30” WEST 1882.00 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00°01’00” WEST 30.00 FEET TO THE SOUTHERLY LINE OF SANTA FE DRIVE AS SHOWN ON SAID RECORD OF SURVEY 2058 AND THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN GRANT DEED RECORDED NOVEMBER 8, 1972 AS FILE/PAGE NO. 299178 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LINE OF SAID GRANT DEED SOUTH 00°01’00” WEST 4.14 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 86°39’41” WEST 232.87 FEET; THENCE SOUTH 74°28’30” WEST 28.96 FEET; THENCE NORTH 15°31’30” WEST 1.48 FEET TO A LINE ON THE EASTERLY RIGHT OF WAY OF 11-SD-5 AS SHOWN ON HIGHWAY MONUMENTATION MAP MS 611, SHEET 32 OF 36, HAVING A BEARING OF NORTH 75°07’52” EAST AND LENGTH OF 146.89 FEET; THENCE ALONG SAID EASTERLY RIGHT OF WAY NORTH 74°28’30” EAST 46.31 FEET TO AN ANGLE POINT IN SAID EASTERLY RIGHT OF WAY; THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY NORTH 84°22’10” EAST 104.86 FEET TO AN ANGLE POINT IN SAID EASTERLY RIGHT OF WAY AND SAID SOUTH LINE OF SANTA FE DRIVE AS SHOWN ON RECORD OF SURVEY 2058; THENCE ALONG SAID SOUTH LINE NORTH 89°18’30” EAST 111.81 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,603 SQUARE FEET MORE OR LESS.

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ATTACHED HERETO AND MADE A PART HEREOF 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. SIGNATURE PRELIMINARY MICHAEL SCHLUMPBERGER, LS 7790 DATE

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EXHIBIT “B” PLAT OF EASEMENT

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EXHIBIT “C” LEGAL DESCRIPTION OF REAL PROPERTY

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EXHIBIT “D” Terms and Conditions for

Dedication of Public Pedestrian Access, Drainage, and General Utility Easement The dedication made by the Grantor named in the document dedicating a pedestrian access, drainage, and general utility easement for benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The dedication shall be for a perpetual easement and right-of-way upon, through, under, over, and across the hereinafter described real property for pedestrian access and use, for drainage, and for the installation, construction, maintenance, repair, replacement, reconstruction and inspection of public utilities, including, but not limited to, electric, gas, telephone, cable television, sewer, water, storm drain, appurtenant facilities, and all structures incidental thereto, together with the temporary construction right to perform grading, to extend embankment slopes beyond the limits of the dedicated easement as deemed by Grantee necessary for the construction and maintenance of facilities within said easement, and to remove buildings, structures, trees, bushes, undergrowth, and any other obstructions interfering with the use of said easement and right-of-way by Grantee, its successors or assigns and in addition thereto, to remove soil and other materials within said right-of-way and to use the same in such manner and at such locations as said Grantee may deem proper, needful, or necessary in the construction, reconstruction, and maintenance of said public utilities or structures incidental thereto. With the exception of the proposed chain link fence, maintenance of the proposed improvements shall be the responsibility of Grantor. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement and right-of-way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described on this document. The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns, that there shall not be constructed or maintained upon the above described easement and right-of-way any building or structure of any nature or kind that will interfere with the use of said easement and right-of-way by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. This dedication may be terminated and the right to accept the irrevocable offer of dedication may be abandoned in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the Grantee.

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At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication of pedestrian access, drainage, and general utility easement. Grantee agrees for the benefit of the property to construct improvements as described in the City of Encinitas City Council staff report dated November 14, 2018. If either Grantor or Grantee is required to incur costs to enforce the provisions of this offer of dedication, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorney’s fees, from the other party. The Grantee may assign to persons impacted by the performance of this offer of dedication the right to enforce this offer of dedication against the Grantor.

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Recording Requested By: ) ) City of Encinitas ) ) When Recorded Mail to: ) City Clerk ) City of Encinitas ) 505 South Vulcan Avenue ) Encinitas, CA 92024 ) ) SPACE ABOVE FOR RECORDER'S USE FOR THE BENEFIT OF THE CITY

RETAINING WALL AND FOOTING EASEMENT

APN: 260-121-15 Project No.: CS07B SAN DIEGUITO WATER DISTRICT, FORMERLY SAN DIEGUITO IRRIGATION DISTRICT, hereinafter called GRANTOR, is the owner of the real property in the City of Encinitas, County of San Diego, State of California, described as follows:

SEE EXHIBIT “C” ATTACHED HERETO AND MADE A PART HEREOF. GRANTOR does hereby grant, convey, and dedicate for good and valuable consideration the receipt of which is hereby acknowledged (fair market value equivalent) to the City of Encinitas, State of California, hereinafter called GRANTEE, a Retaining Wall and Footing Easement, subject to the terms and conditions set forth in EXHIBIT “D” which is attached and made a part hereof, over the real property described as follows:

SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A PART HEREOF. In addition to the terms and conditions set forth in EXHIBIT “D”, the following condition applies: GRANTEE agrees to construct improvements as described in the City of Encinitas City Council staff report dated November 14, 2018 for the benefit of the real property described in EXHIBIT “C”. GRANTEE and GRANTOR hereby agree that the valuable consideration specified above includes full and final payment by GRANTOR. GRANTOR(S): William C. O’Donnell, General Manager Date San Dieguito Water District

Signature of “GRANTOR(S)” to be notarized. Attach the appropriate acknowledgments.

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GRANTEE: This is to certify that the interest in real property conveyed by deed or grant to the City of Encinitas, a Municipal Corporation, is hereby accepted by the undersigned agent on behalf of the City Council of the City of Encinitas pursuant to authority conferred by Resolution of the City Council of the City of Encinitas adopted on November 9, 1994 and the grantee consents to recordation thereof by its duly authorized officer. Date Brenda Wisneski Development Services Department Director City of Encinitas

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EXHIBIT “A” LEGAL DESCRIPTION

VESTING: SAN DIEGUITO IRRIGATION DISTRICT APN: 260-121-15 FOOTING EASEMENT THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 22 AS SHOWN ON RECORD OF SURVEY 2058 RECORDED FEBRUARY 9, 1949 AS FILE NO. 12618; THENCE ALONG THE NORTH LINE OF SAID SECTION 22 SOUTH 89°18’30” WEST 1882.00 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00°01’00” WEST 30.00 FEET TO THE SOUTHERLY LINE OF SANTA FE DRIVE AS SHOWN ON SAID RECORD OF SURVEY 2058 AND THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN GRANT DEED RECORDED NOVEMBER 8, 1972 AS FILE/PAGE NO. 299178; THENCE ALONG THE WESTERLY LINE OF SAID GRANT DEED SOUTH 00°01’00” WEST 4.14 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 86°39’41” WEST 80.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 86°39’41” WEST 152.30 FEET; THENCE SOUTH 74°28’30” WEST 28.96 FEET; THENCE SOUTH 15°31’30” EAST 6.08 FEET; THENCE NORTH 74°28’30” EAST 28.32 FEET; THENCE NORTH 86°39’41” EAST 151.65 FEET; THENCE NORTH 03°20’19” WEST 6.08 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,098 SQUARE FEET MORE OR LESS.

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TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 22 AS SHOWN ON RECORD OF SURVEY 2058 RECORDED FEBRUARY 9, 1949 AS FILE NO. 12618; THENCE ALONG THE NORTH LINE OF SAID SECTION 22 SOUTH 89°18’30” WEST 1882.00 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00°01’00” WEST 30.00 FEET TO THE SOUTHERLY LINE OF SANTA FE DRIVE AS SHOWN ON SAID RECORD OF SURVEY 2058 AND THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN GRANT DEED RECORDED NOVEMBER 8, 1972 AS FILE/PAGE NO. 299178; THENCE ALONG THE WESTERLY LINE OF SAID GRANT DEED SOUTH 00°01’00” WEST 4.14 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 86°39’41” WEST 75.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 03°20’19” EAST 7.70 FEET; THENCE SOUTH 85°01’29” WEST 56.03 FEET; THENCE SOUTH 80°57’02” WEST 50.25 FEET; THENCE SOUTH 85°44’23” WEST 47.73 FEET; THENCE SOUTH 74°28’30” WEST 39.35 FEET; THENCE NORTH 15°31’30” WEST 16.98 FEET TO A LINE ON THE EASTERLY RIGHT OF WAY OF 11-SD-5 AS SHOWN ON HIGHWAY MONUMENTATION MAP MS 611, SHEET 32 OF 36, HAVING A BEARING OF NORTH 75°07’52” EAST AND LENGTH OF 146.89 FEET; THENCE ALONG SAID EASTERLY RIGHT OF WAY NORTH 74°28’30” EAST 10.00 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY SOUTH 15°31’30” EAST 1.48 FEET TO THE NORTHWESTERLY CORNER OF THE HEREIN ABOVE DESCRIBED FOOTING EASEMENT; THENCE ALONG THE HEREIN ABOVE DESCRIBED FOOTING EASEMENT THE FOLLOWING COURSES:

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SOUTH 15°31’30” EAST 6.08 FEET; THENCE NORTH 74°28’30” EAST 28.32 FEET; THENCE NORTH 86°39’41” EAST 151.65 FEET; THENCE NORTH 03°20’19” WEST 6.08 FEET; THENCE LEAVING THE HEREIN ABOVE DESCRIBED FOOTING EASEMENT NORTH 86°39’41” EAST 5.08 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1,318 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF 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. SIGNATURE PRELIMINARY MICHAEL SCHLUMPBERGER, LS 7790 DATE

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EXHIBIT “B” PLAT OF EASEMENT

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EXHIBIT “C” LEGAL DESCRIPTION OF REAL PROPERTY

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EXHIBIT “D” Terms and Conditions for

Dedication of Retaining Wall and Footing Easement The dedication made by the Grantor named in the document dedicating a retaining wall and footing easement for benefit of the City of Encinitas, hereinafter Grantee, is for valuable consideration and is subject to the following terms and conditions. The dedication shall be for a perpetual easement and right-of-way upon, through, under, over, and across the hereinafter described real property for the installation, construction, maintenance, repair, replacement, reconstruction, and inspection of a retaining wall and associated wall footing, and all structures incidental thereto, together with the temporary construction right to perform grading, to extend embankment slopes beyond the limits of the dedicated easement as deemed by Grantee necessary for the construction and maintenance of facilities within said easement, and to remove any obstructions interfering with the use of said easement and right-of-way by Grantee, its successors or assigns and in addition thereto, to remove soil and other materials within said right-of-way and to use the same in such manner and at such locations as said Grantee may deem proper, needful, or necessary in the construction, reconstruction, and maintenance of said structures incidental thereto. Maintenance of the proposed improvements shall be the responsibility of Grantor. To have and to hold said easement and right-of-way unto itself and unto its successors and assigns forever, together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to herein and made subject to said easement and right-of-way by this grant is situated in the City of Encinitas, County of San Diego, State of California, and is particularly described on this document. The Grantors hereby covenant and agree for themselves, their heirs, successors, and assigns, that there shall not be constructed or maintained upon the above described easement and right-of-way any improvement that will interfere with the use of said easement and right-of-way by Grantee, its successors or assigns. This dedication may be terminated and the right to accept the irrevocable offer of dedication may be abandoned in accordance with the vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the Grantee. At time of acceptance of this offer, any and all trust deed(s) and easement(s) shall be subordinated to the dedication of wall and footing easement. Grantee agrees for the benefit of the property to construct improvements as described in the City of Encinitas City Council staff report dated November 14, 2018. If either Grantor or Grantee is required to incur costs to enforce the provisions of this offer of dedication, the prevailing party shall be entitled to full reimbursement of all

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costs, including reasonable attorney’s fees, from the other party. The Grantee may assign to persons impacted by the performance of this offer of dedication the right to enforce this offer of dedication against the Grantor.

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EncinitasMap

DISCLAIMER:

Every reasonable effort has been made to assurethe accuracy of the data provided; nevertheless, some information may not be accurate.

The City of Encinitas assumes no liability or responsibility arising from the use of or reliance upon this information.

¯0 210

Feet

1 inch = 200 feet

- Map Coordinates: Stateplane NAD83 Feet, CA Zone 6

- Parcel lines are not survey accurate, and some parcels can be positionally off up to +/- 40 feet

- Photo flight dates: July 2009. 4 inch pixel resolution. Digital true color.

- Orthophoto and Topo positional accuracy meet the precision

adequate to support National Map Accuracy Standards for 1" = 100' mapping.

This map should not be used for Engineering,Survey, or Site-Specific Analysis.

SDWD "A-Tank Yard"601 Santa Fe Drive

Attachment A: Location MapSDWD "A-Tank Yard"601 Santa Fe Drive

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ATTACHMENT 3:

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