HomeMy WebLinkAbout2018-06-12; City Council; Resolution 2018-087RESOLUTION NO. 2018-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, GRANTING AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC
OVER A PORTION OF LOT 9 OF MAP 8956, GENERALLY DESCRIBED AS THE
PARKING LOT FOR THE SHOPPES AT CARLSBAD SHOPPING CENTER
CASE NAME:
CASE NO.:
SHOPPES AT CARLSBAD
SDP 09-04
EXHIBIT 1
WHEREAS, the City Council of the City of Carlsbad, California approved the Westfield Carlsbad
Specific Plan SP 09-01 on July 23, 2013; and
WHEREAS, the City Council approved the Westfield Carlsbad Specific Plan SOP 09-04 on July 9,
2013; and
WHEREAS, Rouse Properties, the Developer, is constructing mall renovations consistent with
those approvals; and
WHEREAS, the City of Carlsbad owns the parking lot surrounding the mall buildings being
renovated; and
WHEREAS, San Diego Gas and Electric has requested an easement for equipment necessary for
the renovation; and
WHEREAS, the easement for electrical equipment necessary for the renovation are within the
parking lot area and do not interfere with planned or future improvements; and
WHEREAS, the City Council of the City of Carlsbad, California has determined it to be in the
public interest to grant said easement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
Ill
Ill
Ill
1. That the above recitations are true and correct.
2. That the easement conveying a public utility easement to San Diego Gas and Electric,
incorporated by reference as Attachment A, is approved.
3. That the mayor is authorized to grant the easement.
June 12, 2018 Item #6 Page 3 of 10
EXHIBIT 1
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 12th day of June, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher.
None.
M. Packard.
MATT HALL, Mayor
(SEAL)
June 12, 2018 Item #6 Page 4 of 10
Recording Requested by
San Diego Gas & Electric Company
When recorded, mail to:
San Diego Gas & Electric Company
P O Box 129831
San Diego, CA 92112-983 l
Attn: Real Estate Records -CP 12A
Project No.
Const. No.
A.P.N.No.
SRNo.:
850109-010
2110800
156-302-24
254292
R/W369268
ATTACHMENT A
SPACE ABOVE FOR RECORDER'S USE
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMP ANY
EASEMENT
CITY OF CARLSBAD, A MUNICIPAL CORPORATION, (Grantor), grants to SAN DIEGO
GAS & ELECTRIC COMPANY, 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, together with aboveground structures consisting of, but not
limited to, pad-mounted electrical equipment, and appurtenances for the transmission
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.
Grantee also has the right of ingress and egress, to, 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 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:
Lot 9 of Carlsbad Tract No. 76-18, according to Map thereof No. 8956, filed in the Office of the
County Recorder of said County of San Diego.
T:LandServices:Non-Records:NewBusiness: -1-810236S
Rev. 1 June 12, 2018 Item #6 Page 5 of 10
The easement in the aforesaid lands shall be more particularly described as follows:
The easement in the aforesaid property shall be a strip of land, including all of the area lying
between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each
exterior side of each and every facility installed, the approximate location being shown and delineated as
"UTILITY FACILITIES" on the Exhibit "A", attached hereto and made a part hereof.
In order to provide adequate working space for Grantee, Grantor shall not erect, place or
construct, nor permit to be erected, placed or constructed any building or other structure, park any
vehicle, deposit ap.y materials, plant any trees and/or shrubs or change ground elevation within eight (8)
feet of the front of the door or hinged opening of any above ground facility installed within this
easement.
Grantor retains the right to park, but not store, vehicles and equipment within the herein granted
easement, provided said parking rights do not endanger or interfere with Grantee's facilities.
Grantor grants to Grantee the right to erect and maintain on Grantor's property immediately
adjacent to this easement protective bollards as may be necessary for ~rantee's purposes.
Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any
building or other structure, 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.
Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent
to this easement and remove roots from within this easement whenever Grantee deems it necessary.
Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent
danger or hazard to property or persons.
CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor
shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST
NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING (619) 696-2000, and
OBTAINING PERMISSION.
The legal description for this easement was prepared by San Diego Gas & Electric Company
pursuant to Section 8730 of the Business and Professions Code, State of California.·
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.
T:LandServices:Non-Records:NewBusiness: -2-810236S
Rev. l June 12, 2018 Item #6 Page 6 of 10