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Home My WebLink About2006-09-26; Housing & Redevelopment Commission; Resolution 4281 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 428 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AUTHORIZING THE 4 GRANTING OF AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY FOR PINE AVENUE PARK 5 6 WHEREAS, the City Council of the City of Carlsbad, California has previously 7 authorized proceeding with the development of Pine Avenue Park; and 8 WHEREAS, Conditional Use Permit 03-18 requires the undergrounding of 9 overhead utilities as a condition of development approval; and 10 WHEREAS, San Diego Gas and Electric Company requires an easement to Pine 11 Avenue Park for installation of facilities and for the purposes of ingress and egress as 12 described in attachment A.13 14 NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment 15 Commission of the City of Carlsbad, California, as follows: 16 1. That the above recitations are true and correct. ^ 2. That that City of Carlsbad Housing and Redevelopment Commission does 18 hereby authorize the granting of an easement to San Diego Gas and Electric 19 Company. Following the execution of said easement, the City Clerk is 20 directed to record said easement documents in the Office of the County 21 recorder with copies to be sent to: San Diego Gas and Electric Company, Attention Real Estate Records - CP11D, 8335 Century Park Court, Suite 100, 24 San Diego, California 92123-1569 and the City of Carlsbad Public Works 25 Department Inspection Division, and the Recreation Department. 26 // 27 // 28 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 78 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 26th day of September . 2006, by the following vote, to wit: AYES: COMMISSIONERS LEWIS, HALL, KULCHIN, PACKARD, SIGAFOOSE NOES: NONE ABSENT: NONE ATTEST: RATCHETT, SECRETARY Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company 8335 Century Park Court, Suite 100 San Diego, CA 92123-1569 Attn: Real Estate Records - CP1 ID Project No. 441686-050 Const. No. 2828642 A.P.NO. 204-100-05 SPACE ABOVE FOR RECORDER'S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, (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 and appurtenances for the transmission and distribution of electricity. 2. Pipelines and appurtenances for any and all purposes. 3. 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. . v --.'.• •• . • The property in which this easement and right of way is hereby granted is situated in the County of, State of California, described as follows: C:\Documents and Settings\Sbrad\Desktop\441686-050, NW Quad Park 20B Conversion.dated.DOC Lots 17 through 32, inclusive, in Block 45; Lots 17 through 32, inclusive, in Block 46; Lots 1 through 32, inclusive, in Block 59; and Lots 1 though 32, inclusive, in Block 60 of Town of Carlsbad, according to Map thereof No. 775, filed in the Office of the County Recorder of said County of San Diego, together with those portions of Walnut Street, Chestnut Avenue, Fourth Street and alley as vacated and closed to public use described in a Deed recorded July 22, 2004 as Document No. 2004- 0686004 of Official Records of said County of San Diego. EXCEPTING THEREFROM: Those portions of the above described lands as surveyed and shown on Record of Survey Map No. 11840, filed October 6, 1988 as File No. 88-569715 in the Office of the County Recorder of said County of San Diego. The easement in the aforesaid property shall be those strips 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 utility facility installed within said property on or before November 30,2006. 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 other companies providing utility or communication facilities/services. 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, AND PIPELINES MAY CARRY VOLATILE MATERIALS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING 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. C:\Documents and Settings\Sbrad\Desktop\441686-050, NW Quad Park 20B Conversion.dated.DOC 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. IN WITNESS WHEREOF, Grantor executed this instrument this 26th day of September 2006. By:_ Title: Drawn Checked Date CEF SPC 09/12/06 STATE OF COUNTY OF xSS. On p. before me i (name, title of officer), appeared C^ la t %)* /? personally known to me proved to me on the basis of satisfactory evidenceQ to be the personte) whose name(s)cdDlare subscribed to the within instrument and acknowledged to me tv.ot/u^/c4wtu^, oiror.ii+a/4 tv,o oonia ^rf^"^nioT/\hoif authorized capacity(iesy, and that b5CJ^c £a^*iLa":jthat(£§/sfee/they executed the same ii(]Si^her/thoir authorized capacity(k»y, and that byCTns/ker/theiF-- signature^ on the instrument the person(s); or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. Signature J^]j)\ Qa SHBAKNAE COHANCommMon 11639631Notary PuMc - CoWwnloSan Otago County C:\Documents and Settings\Sbrad\Desktop\441686-050, NW Quad Park 20B Conversion.dated.DOC