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Home My WebLink AboutCT 99-20; Carlsbad Airport Center Lot 10; Tentative Map (CT) (26)f?-to San Diego Gas & Electric An Enova Company P.O. BOX 1831 • SAN DIEGO. CA 92112-4150 • 619 / 696-2000 FILE NO. August 25, 1997 RECD SEP 3 1997 John Couvillion Newport National Corporation 5050 Avenida Encinas, Suite 350 H CA 92008 LETTER OF PERMISSION FOR GRADING AND CONSTRUCTION OF IMPROVEMENTS Dear Mr. Couvillion: San Diego Gas & Electric Company (SDG&E) is the owner of a 200' Electric Transmission Easement located in and around the following legal description; LOTS 7, 8 AND 11 OF LOT LINE ADJUSTMENT PLAT NO. 504 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, (A.P.N. 212-091-14,15 & 16) Recorded April 15, 1954, in. Book 5205, Page 416, of Deeds, (SDG&E Right of Way No. 31564). We have reviewed and approved the grading plans for Cornerstone Corporate Centre, (drawing 355-2A) Carlsbad Tract # 81-46, Map No. 11287, received August 15, 1997 and dated May 12, 1997, which shows the proposed grading and improvements on the property subject to our easement, attached hereto as Exhibit 'A'. Permission is hereby granted to Marco Plaza Enterprises, to grade and construct improvements as shown on said plan, subject to the following conditions: 1. This permit to grade shall be effective for six (6) months from the date of this letter. 2. This letter is subject to Marco Plaza Enterprises , obtaining the necessary grading and improvement permits from the City of Carlsbad. 3. Final signed, approved plans must be submitted to SDG&E a minimum of 15 working days before commencement of grading and construction of improvements within the easement area. [nwptgrdl.doc] August 25,1997 Page 2 4. At least twenty-four (24) hours notice, whether by telephone, telefax or otherwise, must be given to SDG&E before start of work or making field changes to plans within said easement. Notice is to be given to the undersigned. 5. A representative of SDG&E must be invited with at least forty-eight (48) hours prior notice, whether by telephone, telefax or otherwise, to any pre-construction meetings held before the start of construction. 6. . No grading shall be allowed within ten (10) feet of an existing 69Kv wood pole. 7. No grading shall be allowed within twenty (20) feet of an existing 138Kv wood pole. 8. No grading shall be allowed within twenty five (25) feet of an existing 230Kv tower or steel pole. 9. Marco Plaza Enterprises, shall indemnify and hold SDG&E harmless from any and all injuries or damage to persons or property in any way arising from the proposed grading or construction of improvements. 10. Marco Plaza Enterprises, agrees to sign a consent agreement with SDG&E which will permit the encroachments as shown on the grading plans. 11. SDG&E shall not be responsible in any manner for any maintenance or repair of the proposed grading or improvements. 12. This letter shall not be construed as approval of any field changes. Specific approval of any changes within SDG&E easements must be obtained. 13. All applicable laws and regulations of local, state and federal governments and their .. agencies shall be complied with. 14. All disturbed and created slopes, within the SDG&E electric transmission easement, shall be hydroseeded or planted with an SDG&E approved mix. 15. Erosion control measures shall be designed and implemented and maintained through the normal rainy season for San Diego County. 16. You agree to keep access open to SDG&E facilities at all times during construction. 17. This permission letter shall be posted on the job site at all times. August 25, 1997 Page 3 Should you have any questions or require additional assistance, please call me at 696-2738. Sincerely., John J. Hernandez Property Management Representative I ACCEPT THE AFOREMENTIONED CONDITIONS: MARCO PLAZA ENTERPRISES, a Califomi^general partnership ' /? f)(^^LtuMd/By: Title: Date:~ ^ 1 - ? 7 IN LIEU OF DEDICATION, SAN DIEGO GAS & ELECTRIC COMPANY HEREBY CON- SENTS TO THE EASEMENT FOR PUBLIC SEWER AND DRAINAGE FACILITIES IN LOTS 8,9, 10,16, AND220VER, UPON AND ACROSS. PORTIONS OF SAN DIEGO GAS & ELECTRIC-COMPANY EASEMENI AND RIGHT OF WAY RECORDED APRIL 15, 1954 AS DOCUMENT NO. 49241, BOOK 5205, PAGE 416 OF OFFICIAL RECORDS, AND APRIL 15, .1954 AS DOCUMENT NO. 49242, BOOK 5205, PAGE 419 OF OFFICIAL REC- ORDS OF SAN DIEGO COUNTY, SUBJECT TO THE FOLLOWING: A) IN THE EVENT THAT THE FUTURE USE OR ALTERATION OF SAID SEWER AND DRAINAGE EASEMENTS BY THE CITY FOR PUBLIC IMPROVEMENTS INCIDENTAL THERETO SHALL AT ANY TIME OR TIMES NECESSITATE A REARRANGEMENT, RE- LOCATION OR RECONSTRUCTION OF ANY OF THE COMPANY'S FACILITIES OR THE ACQUISITION OF ADDITIONAL PROPERTY EASEMENTS, OR BOTH, PURSUANT THERE- TO, THE SAME SHALL BE PERFORMED BY COMPANY,-OR BY ANY OTHER PARTY WITH THE CONSENT OF COMPANY, AT THE COST OF THE CITY. B) IN THE EVENT THAT THE FUTURE USE OF SAN DIEGO GAS & ELECTRIC COMPANY'S EASEMENTS OR PROPERTIES BY COMPANY SHALL, AT ANY TIME OR TIMES NECESSITATE A REARRANGEMENT, RELOCATION OR RECONSTRUCTION OF THE PUBLIC IMPROVEMENTS INCIDENTAL THERETO, THE SAME SHALL BE PERFORMED AT THE COST OF THE COMPANY.• C) ALL USES OF SAID SEWER AND DRAINAGE EASEMENTS, BY EITHER PARTY, SHALL BE SUCH AS WILL NOT PERMANENTLY INTERRUPT THE USE OR OPERATION ' OF THE FACILITIES THEREIN OF THE OTHER PARTY; USES OF SAID AREAS BY EITHER PARTY, WHICH TEMPORARILY INTERFERE WITH THE USE OF THE OTHER PARTY, WILL BE MADE ONLY WHEN'REASONABLY NECESSARY AND WILL BE PROMPT- LY TERMINATED AS SOON AS THE NECESSITY THEREFORE NO LONGER EXISTS. D) IF THE CITY SHALL HEREAFTER VACATE OR ABANDON, IN WHOLE OR IN PART, THE SEWER AND DRAINAGE EASEMENTS WHICH IS OCCUPIED BY'SAN DIEGO GAS & ELECTRIC COMPANY'S EASEMENTS OR PROPERTIES, THE CITY SHALL, IN THE VACATION OR ABANDONMENT PROCEEDINGS, RESERVE TO COMPANY ALL RIGHTS OWNED BY COMPANY PRIOR TO THE EXECUTION OF THIS CERTIFICATION. E) EXCEPT AS EXPRESSLY HEREIN SET FORTH, THIS AGREEMENT SHALL NOT IN ANY WAY ALTER, MODIFY OR TERMINATE ANY OF COMPANY'S PRIOR RIGHTS IN SAID AREA. IN'WITNESS WHEREOF, SAN DIEGO GAS & ELECTRIC COMPANY HAS CAUSED THIS INSTRUMENT T9 BE EXECUTED UNDER ITS CORPORATE NAME BY ITS PROPER OFFICER THEREUNTO DULY AUTHORIZED THIS »?»5 DAY. OF, 1984. " SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION BY: E. M. GABRIEUSON. MANAGER LAND AND ENVIRONMENTAL DEPARTMENT