HomeMy WebLinkAbout1988-05-10; City Council; Resolution 88-1477
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RESOLUTION NO. 88-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ACCEPTING EASEMENT DEDICATIONS FROM THE SAN DIEGO GAS AND ELECTR COMPANY REQUIRED FOR THE CITY'S IMPROVEMENTS CARLSBAD BOULEVARD
WHEREAS, the San Diego Gas and Ele d ric Compan:
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submitted a grant of easement conveying certain slope east
to the City of Carlsbad necessary to affect road improve
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along Carlsbad Boulevard fronting SDG&E property in this
and
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WHEREAS, the City Council of the City of Carlsba
determined it necessary, desirable, and in the public int
to accept said easement required for the City's improvem
and
WHEREAS, the aforementioned SDG&E easements are of
to the City at no cost;
NOW, THEREFORE, BE IT RESOLVED by the City Counc
the City of Carlsbad, California, as follows:
1. That the above recitations are true and corre
2. That the attached grant of easement docu
identified as attached Exhibit llA1l incorporated by refe
and made a part hereof from the San Diego Gas and El€
Company, dated April 15, 1988, conveying certain
easements to the City of Carlsbad are hereby accepted.
3. That the City Clerk is authorized and direct
record said easements with the County Recorder of the Cour
San Diego.
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4. That the City Clerk is further authorized
directed to forward copies of said recorded easements tc
Engineering Department for information.
PASSED, APPROVED AND ADOPTED at a regular meetil
the Carlsbad City Council held on the 10th day of May
1988 by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and
NOES: None
ABSENT : None
ATTEST : ea,labR Qfl- ALZTHA L. "FWUTIWKRANZ, Citd Clerk
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Recording Request. by ' 0 EXHIBl
SAN DIEGO GAS & ELECTRIC COMPANY
When Recorded
Mail to: City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
SPACE ABOVE FOR RECORDER'S USE
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Transfer Tax None
SAN DIEGO GAS & ELECTRIC
GRANT OF EASEMENT
SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter call
"Grantor", for valuable consideration, grants to the CITY OF CARLSBAD, a mu
corporation, hereinafter called "Grantee", an easement and right of way for
and retaining wall purposes and incidentals thereto, through, over, under a
Grantor's land, together with the right of ingress and egress along said ea
situated in the City of Carlsbad, County of San Diego , State of California
described as follows:
Those strips of land lying within Lot "H" of Rancho Agua Hedionda
ing to Map thereof No. 823, filed in the office of the County Recorder
County of San Diego, described in Parcels 1 thru 5 as follows:
Parcel 1:
Those portions of said Lot "H" lying Northeasterly of the Northea
right of way line of Carlsbad Boulevard, formerly U.S. Highway 101, re
quished by the State of California per relinquishment agreement recorc
Book 5103, page 172 of Official Records of said County of San Diego, i
Southwesterly of a line described as follows:
Commencing at a point on the centerline of said Carlsbad Bouleva;
point shown and delineated as State Highway Station 394+63.74 on Recol
Survey Map No. 1806, filed in said County Recorder's Office; thence a:
centerline North 36'54'00'' West (record North 36'57'30" West) 262.49 j
thence leaving said centerline North 53'06'00" East, 50.00 feet to a 1
said Northeasterly right of way line of Carlsbad Boulevard and the TR1
OF BEGINNING of said line; thence leaving said right of way line Soutl
47'05'42" East, 139.01 feet; thence South 35"17'01" East, 527.68 feet
South 55"21'11" East, 83.78 feet; thence South 30'30'14" East, 46.24 :
thence South 12'35'45" West, 54.97 feet; thence South 29"40'30" East,
feet; thence South 27'13'41" East, 154.39 feet; thence South 61'23'11'
60.65 feet; thence South 19'40'45" East, 44.14 feet; thence South 00'1
West, 66.99 feet; thence South 24"25'04" East, 393.77 feet; thence Sol
24'00'23'' East, 166.57 feet; thence South 24"06'04" East, 436.61 feet
South 00'13'56" East, 27.76 feet; thence South 24'43'30" East, 104.49
thence North 66'53'10" East, 4.00 feet; thence South 24'43'30" East,
feet; thence South 27'18'10" East, 180.54 feet; thence South 22'05'44'
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119.94 feet; thence South 07'56'11" West, 15.97 feet to a point on said
Northeasterly right of way line; thence along said right of way line So
24"43'30" East, 35.00 feet; .thence leaving said right of way line South
44"11'46" East, 15.00 feet; thence South 24"43'30" East, 85.48 feet; th
South 25"53'35" East, 169.46 feet; thence South 20"52'56" East, 364.99
thence South 22'59'36" East, 196.44 feet; thence South 23'32'35" East,
feet; thence South 24'40'49" East, 118.35 feet; thence South 27'58'46"
147.05 feet; thence South 30'52'53" East, 79.52 feet; thence South 03"O
East, 26.94 feet to a point on said Northeasterly right of way line of
Boulevard, said point being the point of terminus and lying on a 5208.1
(record 5198.73) foot radius curve concave Easterly, a radial line to s
point bears South 60'33'16'' West.
Parcel 2:
That certain strip of land 5.00 feet in width lying within said Lo
the Northeasterly line of which is coincident with the following descrl
1 ine :
Commencing at said State Highway Station 394+63.74 described in P:
above; thence leaving said centerline South 53"06'00" West, 50.00 feet
point on the Southwesterly right of way line of Carlsbad Boulevard and
the TRUE POINT OF BEGINNING of said line; thence along said Southwestel
of way line North 36'54'00" West (record North 36'57'30" West) 145.00 1
the point of terminus of said line.
Parcel 3:
That certain strip of land 5.00 feet in width lying within said LC
the Northeasterly line of which is coincident with the following descr:
line :
Commencing at said State Highway Station 394+63.74 described in P:
above, said point being the beginning of a 5000.00 foot radius curve c(
Southwesterly, a radial line to said point bears North 53"06'00" East;
Southeasterly along said centerline and the arc of said curve through :
angle of 12'10'30" a distance of 1062.47 feet; thence tangent to said 1
South 24'43'30" East (record South 24'42'20" East) 393.76 feet to a PO
herein designated Point "A"; thence leaving said centerline South 65'1
West, 50.00 feet to a point on said Southwesterly right of way line of
Boulevard and being the TRUE POINT OF BEGINNING of said line; thence a
right of way line South 24"43'30" East, 400.00 feet to the point of te
Parcel 4:
That portion of said Lot "H" lying Southwesterly of said Southwes
right of way line of Carlsbad Boulevard and Northeasterly of a line de
as follows:
Commencing at Point "A" described in Parcel 3 above; thence along
centerline of Carlsbad Boulevard, South 24'43'30" East (record South 2
East) 1100.47 feet; thence leaving said centerline South 65°16130" Wes
feet to a point on said Southwesterly right of way line of Carlsbad Bo
and being the TRUE POINT OF BEGINNING of said line; thence leaving sai
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of way line South 17'03'07" East, 240.77 feet; thence South 20'04'53" I
248.20 feet; thence South 25'40'02" East, 65.46 feet; thence South 41';
East, 87.53 feet; thence South 14'00'47" East, 109.97 feet; thence Soul
39'18'31" East, 55.40 feet; thence North 68'28'24" East, 5.00 feet to :
herein designated Point "B"; said point being a point on said Southwesl
right of way line and being a point on the arc of a 5308.16 (record 52!
foot radius curve concave Northeasterly, a radial line of said curve ai
point bears South 68'28'24" West, said point also being the point of tc
Parcel 5:
That certain strip of land 5.00 feet in width lying within said LC
the Northeasterly line of which is described as follows:
Beginning at said Point "B" described in Parcel 4 above, said Poi]
being a point on the Southwesterly right of way line of Carlsbad Boule.
a point on the arc of a 5308.16 (record 5298.73) foot radius curve con1
Northeasterly; a radial line of said curve at said point bears South 6;
West; thence Southeasterly along the arc of said curve through a centr,
of 08'33'38", a distance of 793.09 feet to the most Northerly corner o
Del Oro, according to Map thereof No. 3052, filed in said County Recor,
Off ice.
The sidelines of said strip shall be lengthened and/or shortened
terminate in the Southerly line of the land described in Parcel 4 abov
the Northwesterly line of said Tierra Del Oro.
RESERVING unto Grantor of the above described parcels of land, it
successors or assigns, the right to eliminate such slopes or portions there'
in written opinion of the City of Carlsbad and/or City Engineer of Carlsbad
necessity therefore is removed by substituting other protection and support
such substitution is first approved in writing by said Engineer(s).
Grantee, its successors, assigns, agents or contractors, shall be
sible for any damage to Grantor's existing facilities occasioned by or aris
the construction, operation or maintenance of Grantee's facilities within s
Grantor's property.
Grantee covenants for itself, its successors, assigns, agents or
contractors, that all work in connection with the installation of Grantee's
facilities and appurtenances shall be done in a workmanlike manner and in a
with standard engineering practices.
Grantor reserves unto itself, its successors and assigns, the rig
the subsurface, surface and airspace thereover, of the hereinbefore describ
easement and right of way, for the installation of such facilities as it sh
or in the future deem necessary. Such rights shall not be exercised by Gra
successors or assigns, in such a manner as to be unreasonably incompatible
Grantee's installation.
Grantee shal1,at all times indemnify and save harmless Grantor ag
pay in full any and all loss, damage or expense that Grantor may sustain, i
become liable for, resulting in any manner from the construction, maintenan
state of repair or presence of Grantee's facilities installed hereunder and
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necessary and proper fixtures and equipment for use in connection therewith,
cluding any such loss, damage or expense arising out of the.(a) loss or dama
property, and (b) injury to or death of persons, including the- defense of an
arising therefrom.
Grantee covenants for itself, its successors and assigns that shou
Grantee discontinue use of this easement for the purposes set forth herein,
rights granted in this easement shall terminate and Grantee, upon receipt of
request, shall execute and deliver to Grantor a good and sufficient Quitclai
to all rights herein granted.
Grantor, its successors and assigns, shall not be required to bear
portion of the cost of construction, maintenance, alteration, repair, replac
relocation or removal of Grantee's facilities installed within the easement
granted.
The terms, covenants and conditions of this easement and right of
shall be binding upon and inure to the benefit of Grantor, its successors ar
assigns, and Grantee, or in any other or altered form it may assume.
IN WITNESS WHEREOF, the said San Diego Gas 15 Electric Company has
this Instrument to be executed in its co rate name by its officer thereunt
authorized this /X? day of Y 19 8%
Drawn McGuire
Checked PEA
Sketch L
Date 4/1/88
MOPAC -
S.B.E. NO. 141-37-73FY PC1 2&3
A.P. NO. 210-010-24 6 33
SAN DIEGO GAS & ELECTRIC COMl'Al
a corporation
StedD. Davis , Manager Land Department
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
On DE(/- /,5, /7g$, before me, the undersigned, a Notary Publi
in and for said Stat/e, personally appeared Steven D. Davis, personally
known to me (- mp ll~l the has+= -) to
be the person who executed the within instrument as Manager, Land
Department, on behalf of San Diego Gas & Electric Company, the corporat
therein named, and acknowledged to me that such corporation executed th
within instrument pursuant to its by-laws or a resolution of its Board
of Directors.
WITNESS my hand and official seal.
Signature 4-A 7 /%”d
T.P.O.B. PARCEL 1
,. EASEMENT PL1
P.O.B. PARCELS 1 THRU 3
CURVE DELTA RADIUS LE
C1 12'10'30" 5000.00' 1 I
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CURVE DELTA RADIUS LE
12'1 0'30' 5000.00' 1 (
N 6175'11' W
KELTNER & ASSOCIATES
BO6 THIRD 3TREer WCTNITAS , CA 92024 NOY 0. 1987 PILG NAME : J'N270EXB
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& ASSOCIATES
EASEMENT PL
CURVE DELTA RADIUS
c1 4’56’30” 4000.00’
KELTNER & ASSOCIATES
806 THIRD S~RELT WCmlTAS , CA 92024 NOV. 9. 1987 FEE NAKE : JM70
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EASEMENT P
CURVE DELTA RADIUS L
C1 10'51'50' 5258.16'
*.-...... .
605 THIRD STREGT ENCLNITAS . CA 92024 (819) 942-8829
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