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Home My WebLink About1981-12-15; City Council; Resolution 6747KNEWAS, pursuant to a Joint Pacers Agreemnt the E,racina Water Pollution Control Facilities are ad -rated by the City of Carlsbadi, Vista Sanitation Cistrict , San Marcos (bung Wter District, Fncinitas Sanitary District, kwadia Cmnw Water Cistrict ad the Bwm Sanitation District; I.WlWYS, the afmesaid entities constitute the Ehciva Joint Pmers; 4 WHEREAS, the Encina Joint Powers are in the proess of qgmdirg ad &rging the said ficins Water Pollution Cmtrol Facilities, which process has been, kEEREAS, pursuant to an agreemmt amnong the Ehcina Joint Powers the Vista Sanitation District is the Administrator for the said hse 111 Upgrdi~ ad Fdargemmt; ad bJHERBS, the City of Carlsbadi is the record holder of fee title to certain parcels of real propxty constituting a part of the &cina%ter Pollution Gmtrol Facilities; ad ldHBEAS, as a part of the aforesaid phase 111 Upgrading ad Edargemmt, it is necessary to provide Pacific Tde- ad Telegr* (2"y an easement Ten (10) feet in width for umhgrdirg telephone lines in, qxm, mer andj across certain parcels of real proprty title to dhich is sb of recd in the nawae of the City of Carlshd; andl !AHERE&, it is necessary far Vista Sanitation Gistrict, as Administrator of the €base 111LadliTlg ad Enlaxgemnt, to enter into a contract with Pacific Telephone ad Telegraph Cmpq to provide for the trenching ad installatian therein of long distance telephone lines ad cables; ad h-, it is for the best interest of this City that the aforesaid easement be granted ad that Vista SmTtatian District be autaKKized to enter into the contract with Packfic Telephone ad Telegrqh Cmpq far said trencbirg ad installation of telephone lines ad cables; ad kWEREAS, the said prop4 grant of easement is attahed hereto mrkd Mibit ''A", 4 the said proposed contract with Pacific Tele- aradl Telegraw Catpry is attached hereto &&ed Exhtbit"B", bth of hi& are incorparated herein by reference. 3 , KM, m, BE E FZSCLWBY THE CITY ClXNCIL OF WE CITY OF (2MWBW9 AS-: Section 1. to Pacific Telep&one ad Telegragh cc"y an easemmt in the fonm and sub- stam as attached hereto nn-mked Exhibit "A". That the City of Carlsbd key 4 is hereby, authrized to grant Section 2. to enter into a cmtract with Pacific Teleghrpne ad Telegraph Ck"y in the farm ad substance as that attach4 hereto marked -bit '93''. "ptsat the Vista Sanitation District be, ad is hereby, authorized PASSED, AF'FFCWEE AN3 ACUPIED at a regular meeting of the City (%unci1 of the vote, to Wit: Attest: WHENRECOROEDRETURNTO -Name r 1 Street Address City t3 NO OOCUMENTORY TRANSFER TAX DUE. BY THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY AGENT 1 DB lO89X GRANT OF EASEMENT 211-030-06 CARLSBAD Page 1 of 2 1 The undersigned Grantorb) hereby grant($) to THE PAClFlC TELEPHONE AND TELEGRAPH COMPANY, Grantee, its suEcessz0.m and SSSbnJ, an easement to construct and maintain (plaEe, operate, inspect. repair, replace and remove) such underground communicetian facilities 8% Gfmteg. may from time to time require (including ingress thereto end egress therefrom) consisting of wires, cables, conduit, hanclholeo, manholes, and abamrormd markers, pedestals, terminal equipment cabinets, other associa uical conductors and necessary fixtures and appwrenancffz in, under and uFwn , State of California. dewzfibd ips: that certain real property in she County of el %leg0 That portion of Lot H of Rancho Agua Hedionda subdivision as said lot is shown on map of said subdivision filed for record as Map NO. 823 on the 16 day of November, 1896, shown ils Parcel A on Record of Survey Map No. 8459 filed for record on the 14 day of February, 1980, all in the Office of the County Recorder of San Eisgo County. 1 The above described easement shall be located on a strip of lznd ten (1C.00) feet in width in said property the center line of which is described as follows: 5 Beginning at the Northvest corner of said Pzrcel A; thence North 61O51'30" East, 57.83 feet to the TRUE POINT OF BEGINKNS; said point of beginning a s 8 0 . . .- Pur 2 Of 2 being :L yoirit in a non-twidant curve coxnvt. to tile td-t tixving n rnriiur. of 1011.30 feet tirid to utict, begirlnlng & rddihl 3111e brurs hrth '/7°2811L11 East; ttlcnce SOUthxly 23.7> fcex 6lGng said curve chrou& n central uragle of 11?>3'18''; thrncr South 24'25'04'' bot, 50.00 feet to the beginning of n cuve ~Gncave to the Northcnet havinc a radius of 100.09 feet; thence Southeasterly 30.11 feet al0r.g said curve t:,ra,lgh n central angle of 17°15114" to the beginning of a reverse curve conchve to the Southwest having a rdalus of 100.00 feet; a radinl line through said beginning of reverse curve bears Soutn L8'19'48" ikst; thence SoutiiuesLeriy 30.11 fret along said curve through a centra angle of 17°15'14" to the begirlning Of a non-tangent curve coricave to the Soutt.vrar huving B rddidius of 986.00 feet and to which begifining 8 redid lilie bears Nortl, 65'34'56" Enst; thence Southerly 93.52 feet alofig snici curve B central nngle Of 0>015'36" to the PGlilT OF YIA~~~I~ATIO!~ in thc Soutk.arly line of said Parcel A. .. throuyi, I Tnts SPACE FOR ACKNOILtDGEMENT FORM Bcifie Telephone Right of Way Departmant Encina Joint Powers/Vista Sanitation District P.O. Box 1988 Vista, C.4 92083 Gentlemen: 8328 Clarremont Mesa Boulevard Room 105 San Diego. California 921 11 Phone (714) 565.0828 This Letter of Agreement, by and between Encina Jairrt Powers referred to as "Contractor" and The Pacific Telephone and Telegraph Company, hereinafter referred to as "Pacific," sets forth instructions for re-buqing the toll cable adjacent to the Encina Water Pollution Control Facility OR Avenida Encinas in Carlsbad. Contractor agrees to: 1. Construct required facilities in accordance with Pacific's specifications, a copy of which is attache&, 2. Provide positions in trench and place substructure of Pacific Telephone's use in accordance with tine attached drawings of Pacific Telephone's work order nunber DB 1089X. Cover over telephone facilities should be in accordance with the specification on Pacific Telephone's work order. Minimum cover of all czses should not be less than 48" below finish grtide unless otherwise specified on drawings. 3. Excavate, Sac%fill arid conl-,act the trenches in accorJar,ce vitn tne specifications of the City or Cotmty that hzs jurisdiction. 4. Obtain necessary permits for all excavation work. 5. Notify Pacific's inspector on (714) 565-2827 no later than ten (10) working days prior to start of construction so that Pacific may have 2n inspector present during the period of construction. All work shall be subject to inspection, and, if unsatisfactory, to rejection by the inspector, wlio shall exercise all reasonaSle diligence to discover and report to Contractor as the work progresses, materials and workiianship which are not satisfactory, so as to avoid unnecessary troable and costs to Coctractor in mxking replacement of' defective conztruction. -. 7 6. 7. a. e - 2- Contractor shall provide supervision over the coordination between the various contractors working within the project in order to prevent damage to the facilities to the utility. The cost of repairs, replacement or relocation of utilities made necessary by others will be at the expense of Contractor until the project is complete. Project complete is defined as the cable being placed and backfill completed. Contractor shall indemnify Pacific and save it harmless from all loss or liability of any character whatsoever, including damage to Pacific's communication facilities, arising out of or in any way connected with the work performed by Contractors, its contractors, employees, agents or permitees. Prior to the comencement of any work to be performed here- under, or at a mutually agreed upon time, thereafter Contractor shall grant to Pacific all necessary easements for the placement of Pacific's underground facilities in such locations and in such form satisfactory to Pacific. Pacific agrees to: I. 2. Provide inspection of the trench. Furnish Contractor with working drawings and specifications. The parties hereto further agree as follows: 1. 2. 3. Upon completion of the work hereunder by contractor, title in and to the materials furnished and installed by Contractor shall vest in Pacific free from all liens, claims and encumbrances and Contractor, right, title and interest therein and thereto, If any trench is closed by contractor prior to inspection by Pacific 's authorized representative, Pacific shall have the right, at Contractor's expense, to perform such potholing to determine that such trench complies with the applicable specification therefore. Tie attached entitled "Wnibit - Executive Order and Associated Regulations" is hereby inade a Dart hereof. regulations applicable as indicated in the attachment are incorporated by reference herein. shall and hereby does relinquish all of its Those orders and 8 - 3- 4. The 3rk covered ‘t this agreement is being accomplished by Contractor as a cost effective means. $5O,OOO.OO were given to Pacific to cover the relocation expenses of the cable by Contractor that Contractor was responsible for the cost of Pacific’s relocation. It was further agreed that if the relocation expenses is greater than the estimated $50,000.00 the additional shall be payable upon demand. than the estimated amount, a refund of the difference shall be paid by Pacific. Prior degosit totaling If the actual amount of the relocation is less If the foregoing terns and conditions are acceptable, please have the Contractor’s authorized representative sign the original of this letter in the spaces provided thereon and return it to Tacific in the enclosed envelope. Sincerely, THE PACIFIC TELEPHONE AND TELEGXhPH COMpNiY / 4’ -. , By : <I ? /..<-</I. Qistrict’Manager ACCEPTXD AND APPROVED : ENCINA JOIBT POWERS/VISTA SANITATION DISTRICT By : Title: