HomeMy WebLinkAbout1983-02-15; City Council; Resolution 7137?
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A RES
RESOLUTION NO. 7137
LUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A GRANT OF UTILITY
ELECTRIC AND AUTHORIZING THE CITY MAYOR TO SIGN THE EASEMENT ON BEHALF OF THE CITY.
AND RIGHT-OF-WAY EASEMENT TO THE SAN DIEGO GAS AND
WHEREAS, it is necessary to serve Carlsbad Tract 81-47 with
lectric power;
WHEREAS, it is necessary for the City of Carlsbad to dedicate
n easement across City owned property to said San Diego Gas and
lectric Company for the purpose of installing electric power
acilities;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
ity of Carlsbad as follows:
1. The above recitations are true and correct.
2. The grant of right-of-way easement, attached hereto and
rde a part hereof, is hereby approved.
3. The City Mayor is hereby authorized to sign the grant of
Lght-of-way easement mentioned above on behalf of the City.
PASSED, APPROVED AND ADOPTED by the City Council of the City
Carlsbad at a regular meeting held the 15th day of February Y
183, by the following vote, to wit:
AYES :
NOES : None
Council &&ers Casler, %is, Kulchin, Chick and Prescott
ABSENT: None
MARY H. CPSLER, Mayor c
TEST:
*f$&Vk ET A . UTE KRANZ, City C $r
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EAL)
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,\ .' Recording Requested
SAN DIEGO GAS & ELECTRIC COPIPANY
When Recorded
Mail to: SDG&E, P. 0. Box 1831
San Diego, CA 92112 AT": Office Services, Room 611.
SPACE ABOVE FOR RECORDER'S USE
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Transfer Tax None
SAN DIEGO GAS ti ELECTRIC COMPANY
EASEPENT .
City of. Carl.sbad-{Srantor), for valuable consideration, grants to SAN DIEGO
GAS & ELECTRIC CONPANY, a corporation (Grantee), an easement and right of way in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of:
1. Underground facilities and appurtenances for the trangmission and
distribution of electricity,
~ -. 2, Communication facilities, and appurtenances.
The above facilities will be installed at such locations. and elevations upon,
along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary. from and along this easement in, upon, over and across the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep this easement clear
Grantee also has the right of ingress and egress, to,
. from explosives, buildings, structures and materials. -
The property in which this easement and right of way is hereby granted is
situated in the County of San Diego, State of California, described as follows:
That portion of Lot "J" of Rancho Agua Hedionda, according to Map
thereof No. 823, filed in the office of the County Recorder of said County of
San Diego, described in a Deed recorded September 10, 1982 at Recorder's File/Page No, 282029 of Official Records of said County of San Diego,
The easement in the aforesaid lands shall be more particularly
described in Parcels "A" and "B" below:
That certain strip of land 8.00 feet in width, being 4.00 feet
measured at right angles on each side of the following described center line:
-1- 81-0236-S
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Commencing at the most Northerly corner of Carlsbad Tract No. 76-12, Calavera Hills, according to Map thereof No. 9935, filed in the office of the County Recorder of - said County of San Diego, said corner bears North 60' 37' 32" West, 250.22 feet from an angle point in the boundary therein; thence leaving said most Northerly corner North 24' 49 described; thence from said TRUE POINT OF BEGINNING South 36' .09' 58" West, 22.95 feet to a point herein designated Point "A"; thence South 35' 14' 05" West, 150.00 feet.
11 ' East, 410.47 feet to the TRUE POINT OF BEGINNIKG of the center line herein
ALSO: Beginning at said Point "A"; thence North 81' 29' 41" West, 65.00 feet.
PaRCEL "B":
That portion of the above described property, shown as easement area on San
Diego Gas & Electric Company's Drawing No. L-1921, Dated November 19, 1982, attached
..hereto and made a part hereof.
Grantor shall not erect, place or construct, nor permit to be erected, placed
or constructed, any building or other structure, plant any tree, drill or dig any well, within this easement.
Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably be withheld.
Grantor further grants to Grantee the right to assign any or all of the rights granted in this easement in whole or in part to The Pacific Telephone and Telegraph Company and/or to other companies providing utility or communication facilities. -
Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remwe roots from within this easement whenever Grantee deems it necessary.
as owner to trim or remove trees and brush to prevent danger or hazard to property or persons.
§aid right shall not relieve Grantor of the duty
CONDUITS CARilY HIGH VOLTAGE ELECTRICAL COSDUCTORS, therefore Grantor shall not
. make or allow any excavation or fill to be made within this easement WITHOUT FIRST
NOTIFYING SAM DIEGO GAS & ELECTRIC COMPANY kVD OBTAINING PEREIISSION.
-2- 81-0236-5
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This easement shall be binding upon and inure to the benefit of successors,
heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor
and Grantee.
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IN WITNESS WHEREOF, Grantor executed this instrument this /c& 74
day of .F ebr&rJ r-u 9 192s.
Executed in the Presence of:
i'
,* ,.
5, ,Drarjn, a Hildebran
Sketch L-1921 Date 11/23/82 MOPAC 46542-04
Const. No. 587181 A.P. NO. 167-100-32
''*,*, Checked .
-3- 81-0236-S 5/
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A= L" CONC-MQN. w/ z IIY' BRASS CAP WELL WON. LS 3\83
REP: SUR C-4\76 05-7343 SUR C-2063 SUR T-1998
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