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HomeMy WebLinkAbout1986-10-14; City Council; Resolution 88421 2 1 4 E E 7 E s 1c 11 12 12 14 15 1E 17 1E 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH SAN DIEGO GAS & ELECTRIC COMPANY FOR SHARED USE OF COMMUNITY DEVELOPMENT FACILITY AT 2075 LAS PALM.AS. RIGHT-OF-WAY FOR A PARKING FACILITY FOR THE CITY'S WHEREAS, San Diego Gas & Electric Company possesses an overhead powerline easement adjacent to the City of Carlsbad's Community Development Services facility at 2075 Las Palmas Drive; and WHEREAS, San Diego Gas & Electric Company hereby grants the right for shared use of said property to the City of Carlsbad; and WHEREAS, the City of Carlsbad desires to construct parking lot facilities on said property to be utilized by City employees and the general public at the City's Community Development Services facility at 2075 Las Palmas Drive; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the attached agreement in the form of a consent letter dated August 21, 1986 from San Diego Gas I% Electric Company to the City of Carlsbad granting shared use of right- of-way as exhibited in Exhibit A, attached hereto and incorporated by reference herein is hereby approved. /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the Mayor is hereby authorized to execute the aforementioned agreement in the form of a consent letter dated August 21, 1986. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the - 14th day of October 9 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST: MARd H. CASLER, Mayor ALETHA L. RAUTENKRANZ, City Ckerk (SEAL) San Diego Gas & Electric CONSENT LETTER - ?- August 21, 1986 AUG 2 5 1986 City of Carlsbad ', Municipal Projects Division 2075 Las Palmas Dr. Carlsbad, CA 92008 LI L' ,\I : C , ,&A Attn: Mark Gibson, Associate Civil Engineer Dear Mr. Gibson: San Diego Gas & Electric Company (SDG&E) hereby consents to your use in common with SDG&E of the area shown in red on the drawing marked "Exhibit A," attached hereto and by reference made a part hereof. Said area is within SDG&E's right-of-way number 31564 granted to SDG&E by a document dated March 23, 1954, and recorded, April 15, 1954, in Book 5205, Page 416, as document No. 49241 of official records of San Diego County, California. This consent is limited to .the installation, maintenance, and use of an asphalt-paved parking lot, as shown in red on the attached "Exhibit A" drawing. This consent is given subject to the following standard terms and conditions: 1. You agree that no structures, other than those specifically described above and shown on "Exhibit A" will be constructed on the right-of-way. 2. You agree never to contest SDG&E's title to the right-of-way or the priority of SDG&E's title. 3. You acknowledge SDG&E's right to utilize the right-of-way pursuant to the California Public Utilities Commission's General Order 69B, which gives SDG&E the right to revoke this consent in whole or in part whenever in the interest of its patrons or consumers it shall appear necessary or desirable to do so. POST OFFICE BOX 1831 SAN DIEGO. CALIFORNIA 92112 TELEPHONE: 6191696-2000 4 4. You agree to assume all risks of loss, damage and injury to persons and property arising from your use of the right-of-way. You also agree to indemnify, defend, and hold SDG&E harmless from any liability arising from your use of the right-of-way.- 5. You agree to give SDG&E at least 48 hours' notice before working within or near the right-of-way by calling Tom Duncan, (619) 696-2490. 6. You agree to comply with all appropriate statutes, ordinances, codesl and regulations or public bodies having jurisdiction over the subject matter of this consent. SAN DIEGO GAS & ELECTRIC COMPANY E. M. Gabrielson, Manager Land & Environmental Department ACCEPTED: CITY OF CARLSBAD MUNICIPAL PROJECTS, DIVISION Mayor 4 EMG/THD/lkm Attachment SAN DlEGO GAS 6 ELECTRIC SAN DICOO. CALIFORNIA CITY OF CARLSBAD 2075 LAS PALMAS DRIVE MIAWNBY CMDL 01 m rrnu DRAWING NO MT~ 8/18/86 WM SCU~ None CMRMNATES wo BY