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HomeMy WebLinkAboutCT 06-06; San Diego Gas & Electric Company; 2007-0750675; Joint Use AgreementECC-RDf.O AT THE REQUEST OF CH.CAGO TITLE COWSF&NY SUBDIVISION DEPT.7*78 Recording Requested by: City of Carlsbad When recorded, mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Also mail a conformed copy to: San Diego Gas & Electric Company 8335 Century Park Court, CP1 ID San Diego, CA 92123 Attn: Jeff Sykes, CP1 ID DOC# 2007-0750675 DEC 03, 2007 3:15 PM OFFICIAL RE CORDS SAN DIEGO COLIN TV RECORDER'S OFFICE GREGORY,! SMITH. COUNTY RECORDER FEES: 26.00 PAGES: 7 APN No.: 223-810-13 SPACE ABOVE FOR RECORDER'S USE Project ID: CT 06-06 Project Name: La Costa Oaks North. Neighborhood 3.7 THE UNDERSIGNED DECLARES CONSIDERATION IS LESS THAN $100 AND TRANSFER TAX IS NONE. JOINT USE AGREEMENT THIS AGREEMENT is dated //»jco7 ("Agreement") and is entered into by and between SAN DIEGO GAS & ELECTRIC COMPANY ("SDG&E"), a California corporation, and THE CITY OF CARLSBAD ("CITY"), a municipal corporation, regarding the following facts: A. SDG&E is engaged in the business of transmitting and distributing gas and electricity within the City of Carlsbad, County of San Diego, State of California, and has facilities for such purposes located in, upon, over, under, and across certain easement granted to SDG&E per document Recorded October 20, 1958 in Book 7307, Page 304 of Official Records ("SDG&E Easement 451 14"); and B. CITY is now acquiring or has acquired, easements for public street purposes in, upon, over and across the real property described in Exhibit "A", which is attached hereto and by this reference made a part hereof. City intends to construct, operate and maintain a dedicated public street the location of which is shown on Exhibit "B" attached hereto and made a part hereof. The location of the proposed SDGE JOINT USE AGREEMENT Carlsbad 1 l-05-07.doc 7379 street will traverse the SDG&E Easement. The portion of the proposed street that will traverse the SDG&E Easement shall be referenced to in this Agreement as the "Property"; and C. The street dedication referred hereto is shown on City Drawing NO.DWG 451-8 . a copy of which is on file in the office of the City Engineer of the City of Carlsbad; and D. CITY and SDG&E desire to provide for the joint use of the area in common to both the SDG&E easement and right-of-way and the CITY's dedicated street right-of-way for the construction, operation, and maintenance of both parties' facilities in, over, under, and across the aforesaid common area. NOW THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: In lieu of dedication, SDG&E hereby consents to a public street being constructed and maintained over, upon and across that portion of SDG&E's easement for the proposed public street subject to the following: (a) If the future use or alteration of the Property by the CITY for streets, or any other public improvement whatsoever, requires the rearrangement, relocation or reconstruction of any of SDG&E's facilities or requires the acquisition of additional property easements, or both, the rearrangement, relocation or reconstruction of the facilities shall be performed by SDG&E, or by any other party with the consent of SDG&E, but at the sole cost and expense of the CITY. (b) If SDG&E's future use of its easement or the Property requires the rearrangement, relocation, or reconstruction of the CITY's public improvements on the Property, the same shall be performed by SDG&E, or by any other party with the consent of SDG&E, at SDG&E's sole cost and expense. (c) No use of the Property by either SDG&E or the City shall permanently interrupt the use or operation of the other party's facilities; uses of the Property by either party which temporarily interfere with the other party's use will be made only when reasonably necessary and will be terminated as soon as the necessity no longer exists. -2- 7380 (d) SDG&E retains the right to review and approve the specific locations of all facilities on the Property to avoid conflicts with existing and future SDG&E facilities. Such approvals shall be granted by SDG&E's "Letter of Permission for Grading and Construction of Improvements" and those approvals shall not be unreasonably withheld. The City Engineer shall have the authority to execute all necessary and appropriate documents to carry out the intent of this paragraph. (e) If the CITY hereafter vacates, in whole or in part, the Property, the CITY shall, in the vacation proceedings, reserve to SDG&E all rights owned by SDG&E prior to the execution of this Agreement. (f) Except as expressly herein set forth, this Agreement shall not in any way alter, modify, or terminate any of SDG&E's rights in the Property. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date set forth above. SAN DIEGO GAS & ELECTRIC CO., a California Corporation Bv: JeffSykes, Land Management Supervisor DRAWN BY: DATE: R/WNO.: A.P.N.: M. Williams November 5, 2007 45114 223-810-13 EXECUTED by the CITY this day of 7l<rn-t.mkiA*^ 2007 CITY a Muni O SBAD, fLorrahfe B. Wocfl) City Clerk PROVED as to form and legality this day of Y\6*trKkut^ , 2007. By: Ronald R. Ball, City Attorney -3- 7381 EXHIBIT "A" LEGAL DESCRIPTION JOINT USE AGREEMENT ALL OF THAT PORTION OF AVENIDA SOLEDAD AS SHOWN AND DEDICATED ON CITY OF CARLSBAD TRACT NO 06-06, LA COSTA OAKS NORTH, NEIGHBORHOOD 3.7, ACCORDING TO MAP THEREOF NO. /S^*? . IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ENCUMBERED AND BURDENED BY THAT CERTAIN 150.00 FOOT WIDE EASEMENT IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY ACCORDING TO DOCUMENT RECORDED OCTOBER 20, 1958, IN BOOK 7307, PAGE 304, OF OFFICIAL RECORDS. APN: 223-810-13 DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. :HE M:\2352\178\Legal Descriptions\A03 Avenida SOGE - JUA.doc WO 2352-61 10/24/07 7382 EXHIBIT "B"SHEET 1 OF 1 100 150 AVENIDA SOLEDAD DEDICATED PER MAP NO. 15318. MAP SCALE 1 =50 OT 207 EXIST. 20' WIDE TREE TRIMMING RIGHT EXIST. 20' WIDE TREE TRIMMING RIGHT PER PROPOSED STREET PER CITY OF CARLSBAD TRACT NO. 06-06 LA COSTA OAKS NORTH - NEIGH. 3.7 MAP NO. /JTM3 AN EASEMENT TO SAN DIEGO GAS & ELECTRIC PER DOCUMENT RECORDED OCTOBER 20, 1958 IN BOOK 7307, PAGE 304 OF OFFICIAL RECORDS. HUNSAKER & ASSOCIATES SAN DIECOL INC DAVID W. AMBLER EXP. 12/31/07 LS. 7322 FLANMNG 10179 Huenwfccm St Suite 200 ENGINEERING San Ditto, Ci 92121 SURVEYING PH(tl9)558-»500-FX(619)558-1414 R:\0712\AUap\EP SOGE JUA SHT OO.DWG WO. 2X2-178 CITY OF CARLSBAD JOINT USE AGREEMENT WITH SAN DIEGO GAS & ELECTRIC PORTION OF LOT 206 MAP NO. 15318 APN: 223-810-13 7383 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS' On officer), appeared . before me Colleen Fino. Notary Public (name, title of o personally known to me proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature 7384 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On ///<30/f3OOf) before me, I Bate personally appeared L^ltiude f\. /Q . f-f&sin <t r AJQ k*« rLk /<c. .g^, "JangDoe, NotNan^and Title of Officer (e.g^Notary Public") Name(s) of Signer(s) Notary Public - San W«go [^personally known to me D (or proved to me on the basis of satisfactory evidence) to be the person(£) whose nameCd) is/are subscribed to the within instrument and acknowledged to me that he/sb^/thgfy executed the same in his/ryzff/thj£ir authorized capacityOe^), and that by his/h/r/thdr signature^ on the instrument the person^), or the entity upon behalf of which the person(^ acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signati OPTIONAL vLuThough the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document^; ^ ,„ _.. Title or Type of Document: Wd//7/-^&. UiAJLi'rnitn+ -£T Q(*-0^,^6i. Document Date: // /3o 16 ~) Number of Pages: Signer(s) Other Than Named Above: //. /U.t</Lt>0rhe>acl £ 1 Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ^ Signer Is Representing; ;orporate Officer — Title(s):. ~ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here