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HomeMy WebLinkAboutSan Diego Gas & Electric Company; 1982-01-21;e a /. . . '1, '5 7 * *, JOINT USE AGREEMENT THIS AGREEMENT, date &&%.et/ J/ /78& , by ant I / between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation ("SDG&E"), and THE CITY OF CARLSBAD ("Carlsbad"), is made with reference to the following facts: A. SDG&E is engaged in the business of transmitting and distributing gas and electricity within the county of San Diego state of California and has facilities for such purposes locatel in, upon, over, under and across that certain easement and righ of-way granted to SDG&E as described in Exhibit A attached here and made a part: hereof ("SDG&E's Easement"). B. Carlsbad has filed an action in eminent domain to acquire easements and rights-of-way (City of Carlsbad v. Virginia Robertson, et al., Case No. N-15348) and intends to construct, operate and maintain therein a public street and drainage and sewerage facilities and other public utilities and facilities ("Carlsbad Facilities") along the route shown on Exhibit B attached hereto and made a part hereof ("Designated Route" ) . C. SDG&E has been named as a defendant in the above- entitled lawsuit. D. Lake Calavera Hills Associates has paid, on behalf of Carlsbad, substantial consideration to SDG&E to compensate SDG& for costs incurred in raising certain high power transmission lines located in SDG&E's Easement to accommodate the construction OE the Carlsbad Facilities. 810725 .I 1s m a E. It is in the mutual interests of Carlsbad and SDG&E tc resolve the eminent domain action by entering into an agreemenl for the joint use or' the property where the SDG&E Easement and the Designated Route intersects, this property is shown on Exhibit C, attached hereto and made a part hereof. NOW, THEPLFORE, it is mutually agreed: 1. That Carlsbad, its successors in interest and assigns, shail have the right and privilege to construct, operate and maintain Carlsbad's Facilities in, over, under and across, SDG&E's Easement by Designated Route, together with the right c ingress thereto and egress therefrom, 2. Carlsbad shall dismiss SDGStE as a defendant in the eminent domain action mentioned above. 3. IE the use or alteration of the Designated Route for Carisbad's Facilities shall at any time necessitate a rearrangc relocation or reconstruction of any of SDG&E facilities, and/or the acquisition of additional easements by SDG&E, Carlsbad shal promptly give notice to SDG&E requesting such rearrangement, relocation or reconstraction. reimburse SDG&E for all costs and expenses incurred by SI;G&E ir suck rezrrangement, relocation or recanstruction. However, Carlabad shall. only be responsible tc reimburse SDG&E if the rearrangement, relocation or reconstruction is required because of the existelice or location of Carlsbad's Facilities. Carlsbad agrees to promptly 4. If the addition to, use or alteration of SDG&E's 9 L. e e r< .* ,I .\ facilities in the SDG&E Easement shall at any time necessitate a reconstruction, relocation or rearrangement of Carlsbad's facilities andl/or the acquisition of additional rights-of-way c casements by Carlsbad, SEG&E shall 2roxptly give ilotfce to Carlsbad of such rearrangement, relocation or reconstruction. SDG&E agrees to promptly reimburse Carlsbad for all costs and expenses incurred by Carlsbad from 5uch rearrangement, relocation or reconstruction or, at Carlsbad's option, to restore Carlsbad's facilities. 5. Neither SDGGE nor Carlsbad shall permanently interrupt the use or operation of the other's facilities and any temporal interference with the use or operation of the other's facilitic shall be made only with prior written consent, except €or emergency repairs made pursuant to Paragraph 10 below. 6. SDG&E shall be deemed the "party first in place'' and its rights and interests shall be prior in time and superior ir title to those! of Carisbad. 7. Should SDG&E or Carlsbad desire to make additional surface and/or subsurface installations other than those existing on the date of this agreement or otherwise provided €c herein, either party will obtain from the other party written approval of the plans and specifications for such proposed installation, including alignment and locations of all propose( work. Such plans will be submitted in writing not less than forty-five days before commencement of any work. Notices shal: be addressed t:o San Diego Gas & Electric Company, Attention: Engineering Land Department, 101 Ash Street, San Diego, 3. - *% 0 0 California, 92101 and City of Carlsbad, City Engineer, 1200 Elm Avenue, Carlsbad, California, 92008. Each party reserves the right to reject any proposed plan which would substantially conflict with .its use or be unduly burdensome. In determining are "unduly buirdensome," the party shall consider (1) the relative size and character of its installations already in place, (2) relative hardship, inconvenience, and expense to the party if plans are approved, (3) relative hardship, inconvenience and expense to the other party if plan are rejected, and (4) length of time and extent of any service interruption to SDG&E's customers. Neither party shall unreasonably withhold their consent. 8. This agreement shall be binding upon both parties, and their SUCC~SSO~S and assigns. 9. Neither party shall be obligated to acquire any easements or other interest in real property for the other party. 10. In the event of damage caused by an act of God, war, o other casualty, or damage caused under circumstances where it would be impractical or impossible to notify the other party of the necessity !Eor temporary interference with the other party's facilities, either party whose facilities are affected may, without notice to the other party, enter upon the joint easemen area and make emergency repairs to restore service. The restoring party shall, however, take reasonable and prudent action to protect the installations of the other party and minimize the interference with the other party's facilities. 4. 0 0 3. The restoring party shall promptly notify the other party of thc emergency repafirs. If permanent repairs are required after the emergency repafirs have been made, notice shall be given to the other party pursuant to Paragraph 7 above; consent for permaneni repairs shall riot be withheld without good cause. 11. Nothing herein contained shall constitute a grant of easement by SDG&E to Carlsbad. Carlsbad shall obtain an easement for Carlsbad's facilities from the fee owner. APPROVED AS TO FORM: 9 Es~. ATTEST : CITY OF CARLSBAD BY Fw&kEk' 4J&f/ 4/ RONALD C. PACKARD, Mayor City Clerk neY &?pi;yiiE3 ,?S '-6 FfJi PATE-- __ _. ___ Ls __ 5. w P RiW 45-738 0 a. b . GRANT OF HIZHT OF WAY We, ELSIE K. KELLY and VIRGINIA ROBERTSON, as Grantor, for and in consideyation of thc sum of Ten Dollcrs and othcr valuublc consideration pai by San Diclgo Gas & Electric COEIFFLI~Y, a corporation, as Grantee, receipt whc:i is hsreby scknouledged, do hereby grcnt to said Sm Diego Gas & Electric Coxpary, a ccrporation, its successors and assigns, an easement of right of way 7~.03 feet in width in, uyon, over, under am3 acrocs the lands herelnaft des-ribed, to erect, C0i-a YA-uct 9 reconstruct, replace, repair, maintain acd use a lice or independent lines of poles and/or steel towers and wires md/o cables sussended thereon and supported thereby, and undergrcund conduits p cables, vaults and ma&oles2 for the transmission arid distribution of electr and for all other purposes connected therewith, and for tcleplione, signal Lnd curnutication purposes, including guys, anchorage, crossarms, braces and all other appliances and fixtures for use in connection therewith and also f pipelines for any and a11 purposes, together with their necessary fixtures a appurtenances, at such locatiors and elevations, upon, along, over and under the hereinafter described right of bray 2s Graritee may iiow or hereafter deem convenient and necessary at any time arid from time to time, together with th right of ingress thereto and egress therefrom, to and along said right of wa a practical route or routes in, upon, over aEd across the hereinafter descri lacds, together with the right to clear and kc)ep cle;r said right of way fro explosives, buildings, struztureo, objects and naterials for protecti n €ron fire and otiizr hazards. *i The lands in which s;.id easement of right of W~Y is hereby granted are situclted in the Couxty of Sac Dit'Lo, Stcte of California, and are partici described 3s follows, to-wlt: -0 6 All. that portiop of Lots "E" aid 'tI'I of the Rancho &ma Hedionds, in the County of San Dic.go, State of California, azzording to ?artitiol; ILip therecf 30. 823$ filed in the ozfice of the County Reccrder of San DiLgo Co:mty, November 16, 2896, described as fcllows: the Nortnerly prolong'ltiop of that portior! of the Ensterly line ( Beyinning at Corner No. 2 of s;id Lot "I"; thence along EXHIBIT- A '1 >. 1 *. of s: id Lot "I" between Cdyncrs Nos, 1 arid 2 of said lot, North 2O 29' 40" West (Record North 30 West) 21.84 feet to an intersection rrith the center line of County Road Survey KO. 682 as thy qame is describtkd in easement deed to thc CoxntT7 of San Dicgc dated by 27, 1336, ar.d rewrded in Rcoli 521, page 230 of Official Recbrds of said Sar, Dieg< County, said point of intersection being the TRUE POINT OF BEXINNIHG of the property hcrein described, mid T,mR POINT 07 BEGINNING being also the Southeasterly corner of that parcel of land descrjbed in qcitc1ai.n; deed to Iiorace He Kelly, recorded January 22, 1951, ;is Document No, 9613 in Book 3942, page 34 of Official Records; thence along the Southerly liac of said Kelly land as follows: along stLid center line of road North 670 10' West 897.21 feett North 640 35' West 701.35 feet to the beginning of a tar,gent curve corcave Southerly haviag a radius of 1000 feet acd Northwesterly along the arc of said cuz've 29-00 feet; thence leaving said center line North 74O 11' West, a chord dis-tance of 252.47 feet to a point on the arc of said curve; thence Westerly and Nortkwesterly along said center line of Rocad Survey No, 682 tc the Northeasterly terminus of that course in the description of land descrfbed in Deed to Ulaa 0, Kelly recsrded January 22, 1951, in Book 3942, p'ge 32 of Official Records of said San Diego County designated therein as "South 730 25' West 1148.44 feel;"; thenc, along the bnimdary of said. Kelly's lend the follcwing courses ,ad dis kances: South 73O 25' West 114e.44 Teet, Korth 870 21' 45'' West (Record North 87O 21' 45" East) 779*69 feet, North 110 54' 15" East 378.70 feet and North 730 05' l5'I Vest 700.15 fect to a point in thc Wcsterly lins of lznd described in Deed to l?. S. Kelly recorded September 5, 1942, in Book 1494, page 81 of' Official Becords of said Sar, Ditwo County; thence along the Westerly line of said last mentior.ed Kelly's land North 47O 33' West (Record Xorth 47O 31' 10" West) 703.02 feet to an angle point being ar. ant.le noint in the Ezcterly boundary of Chrlsbad Highlands, according tc Mal thereof No, 2617, filed in the office of the Couty Recorder of San Diego County; thence along said Easterly boundary North 90 51' East 6.83 feet to the Southeasterly corner of Lot 18 of said Map 2647 being a point in the Southerly line of the land descrjbed in Deed to John L. Wick et ux., recorded April 8, 1954, in Book 5198, sage 549 of Official Records; thence aloni. said Southerly linc SoLith 87O 39' 10" East 177-93 feet to the Southeasterly ccrner of said hnd; thmce Ncrth 20 20' 50" East 123-93 feet to the Northeasterly corner of said land; thence alons the Northerly line of said lmd .North 870 39' 10" West 161.61 feet tc shid Easterly boundary of Ne? No. 2647; thence alons said Easterl-y boundary North go 51' East 125.50 feet to the Southwesterly corner of the land described in Deed to Ho;.iard T. Oldhar; et ux,, recorded September 11, 1951, in Book 4228, p5li;e 157 of' Official Reccrds; thence Souith 870 39' 10" East 225 feet;, more or less, to the Southeasterly correr of said land; thence North 90 58' 10" West 157.34 feet to the Northwsterly corner of shid bnd; thence along the Portherly line of said hnd ITorth 87O 39' 10" West 175 feet to s'iid Easterly bnLinda<J of Mal; No. 2647; thccce alopg said Easterly boundary North 90 51' East 646.63 feet to the SoLthcastcrly ccrner of Lot 14 of said Nap Do. 2647; thence South 81O 4gl Edst alonz the Scuthe:rly line of iiolly Brae Estates, accordicc to Ma;. thEreof -2- s .- 0 0 33. 5524, filed in ihe oL'fice 0;' the County iiccorder of said Co7Ant;y ar,d the Easterly prolongzti\>n thereof to the ccrter line o? seid Road Survey No. 682, shown -s El Car,ino Xeal of said 1k.p No. 5524; thenco Northiresterly along shid center line to a point on the Northerly boundary line of said. Lot "Ill , said point beiric; SoLith $90 42' 10" Enst 1358.67 feet (Record 1357.55 f'eet) from the Northrjest corner of s&id Lot "I", known as Corner No. 12 tilereof; thence South 89O .I?' 10" E~st along the North line of sciJ Lots IrI" and "E" t3 the Southeast corner of L3t stJ" of stid Rancho Bgxa Eedionda; thence Southerly in a straight line to the TFJX POIKT OF BbGINNIIu'G, EXCEPTIXG FRCiv! the ttbove described prnperty that portion tkereof included withill that portioc of ssid Lot "E" that lies Southerly ol the center line of srAd 3otd Survey EJo. 682. ALSO: Excepting from said Lot "E" that portioc lying Beginnii:g at the Soatheasterly corner of Lot "Jrr 3 said within ?he following described land: PClIKT OF L;EGIRE\TIUG being a point 02 tke Korther1.y line of ssid line of ssid Lot 11E1t, a distance of 2342.24 feet; t!.cnce leaving said Wortherly line of shid Lot riEtl South 14O 44' 02" Vest 159.68 feet; Thence South 210 41' 42" West 190.34 feet; thence South 130 46' 12" Vest 781.82 feet; therce North ago 22' 33" "est 3848,4S feet; thence North 00 37' 27" East lOg3.8l feet to a point in the Northerly line of said Lot "Et1; thelice South 890 22l 33" EEist along said Northerly line of saic! Lot rrEf', a dictance of 1791,41 feet to the POIWT OF BEGIKSNING . Lot "E". , thence South 890 22' 73" Eat along the Northerly Thc said easement and right of vag in the aforesaid lands is particularly d as follows: The Southwesterly and Westerly line of said right of way shall be parallel with and 112-50 €eet Southwesterly and Wester1.y measured at right angles and the Northeasterly and Eeste-rly line of said right of waj- shall be parallel with and 37.50 feet Northeasteriy and Easterly measured at right anglw frox the following described line: Bgua Hedionda, said Corner No. 17 is also the point of intersection of the comclon boundary line of Lots "F" and rrH" with the Solctherly boundizry line of seid Lot "I1*; theme from sLid point of comencerrent South 87O 25' 01" East, along the comon boundary line of Lots "F" a2d "I" , being the Northerly boundary line of the land described in Deed to San Diego Gas b; Electric Conyany, a corporation, registered June 161 1953, as Torrens Docunen$cNo. 30674, in the office of the Regi;tz.ar of Land Titlc; for Sa' Dit 50 County, a distance of 1434.69 fect to a point in mid common boundary line, vhich said poiiit is the TXIE POITTI! OF BEGIXNING of the right or way hereis described; thence froin ehid TRUS POINT OF BEGIKJING, North 43O 15' 44" East, a distance of 777.72 feet; therce Noitn 2l0 TjOI 01" Wkst, a distance of 2011.29 feet; thence Xorth 070 31' j7" Vest, a distznce of 893.16 feet to a point or' intcmcctiorl with a liiic: thLt is pt-rallel with ~ccl '15.JO Comencing at Corner No. 17 of Lot rtItr in said Rancho -3- -. 1 0 0 r -. feet, Easterly, meLsured at right angles, from the center line of thct certnin ri&t of way ;.ranted tc Scn Diego G:FS & Electric Compsiiy, a corporatioli, recorded April 22, 1953, as Document No. '554'70 in Book 4830 at pc=ge 216 of Official Records of mid County of Sax Dicgo2 C, lifornin; . thence frc,n said point of intersection North 110 51' 04" East, along ssid porallel linc, a distance of 1758.42 feet to a point hereinafter know and designated as Point "Bto; theme froE s;id Point "B" and leaving ssid parallel line, Iforth P6O 08' 06" West, a distarxe of 121.86 feet to a point of interscction irith the center line of that certain right of way granted to San Diegc, Gas & Electric Com;Jany, a corporazicnl recorded June 1, 1953, as Docuinent No, 74512 in Book 4874 at page148 of Of€icial Records of said County of San Diego, California; thence from last said point sf intersecticn continuing North 260 08T 06" West, along the center line of last ssid right of way, a distance of 1s3t said right of way IVortli 060 30' 36" West, a distance of 1-27 feet to a poLnt of intersection with the common boundary lir-e betweer Lot "J" and Lot "I" of said Rrncho Agua Bedionda, distant thErecn 123.30 feet liesterly from Corner No. 11 of soid Lot I'I". + of 7281,69 feet; theme continuing along the center line ALSO: A right of way for the hereinbefore described purposes over and across that certain strip of land 20.00 feet in width, lying 10.00 feet, measured at right angles, on each side of the following described center line: North 820 51' 29'' East, a distance of 90.00 feet, Beginning at the above described Point "Brt; thecce The side lines of the hereinbefore described right of wayt 75,OO feet in width, shall be lengthened and/or shortened so that said sicie lines shall be continuous and shall-terminate in the boundaries of the above described lands of the Grhntor herein. EXCEPTING FRtlivI the hereinbefore described right of way ally portion thereof lying within -<he boundaries of that certain right of way, 75-00 feet in width, granted to said Snn Dit>go Gas & Electric Company, a corporation, recorded June 1, 1953, as Doccment No. ,14512 in Book 4874 at page 143 of shid Officii! Records of said County of San Diclgo , Cn' i Cornia. Cf AL.S\3: Excspting from the above described right 05 way my portion therccf not lying within the above described lands of the Gr2ntor herein, !jL& * Aq 'dr.? ,, z. .' $. > -4- .d 1.I. ,' ** ,/' \; . .flH B.‘ c 0 - Grantor and their successors in estzte shall xot erect or cc;nstmc or ?emit to be erected or ct>nstructed, afiy building or other structure, pl; ay tree or trr‘es, or drill any rrell or i~ells, irithin the limits of said rii of waj-. Grantee shall have the right to eyect, maintain and use gates in i fecces irhich noii cross or shall hereafter cross said route or routes, and tc triz and cut 2nd clear mag ~lry trees and brush whenever in its judgment th( shme shall be necessary for the convenient and safe exercise of the rl,-hts 1 grented, the right to transfer and ass:ign this casenent in whole or in part L’?i’C. hereby grmted to the Grantee. The Grantor grants to th2 Grantee, its successors and assigns, thc right to trin or top and to keep trimmed or topyed, any and all trees on thi lards of the Grantor adjacent to said richt of way strip for a distance of 20.00 feet from the exterior lines of the right of way strig, to such heigh in the judgment of the Grantee, its SUCCeSsOTS or assisns, shall be reasc;cal necessary for the propzr construction, operation and mainsenance of said electric trsnsmission line or lines, but at no point outside thc right of LC strip to a height of less thavl 30.00 feet. Grantor agrees that no other easement or easements shall be grant( on, under or over said strip of land by Grantor, without the previous writtc consent of Grrntee, Grantor aad their successors or assigns, shall not increase or decrease, or pr3i-t to be increased or decreased, the existing grocnd eleva of the above described right of way) exicting at the time this dccument is executed, without the pi*evious writ,$p cc,csent of the Grectee. IN VST>J\JESS WUREOF, the Grantor executed these presents th 8 +,! -- day of-; //’I, . 3 19i ‘ L . ,e[ ,’ -5- c ,,-r i 0 ‘ , t’ c .-. r *. b Executed ir: the Presence 05: c t ---l, 1 )]./.I L !//? I </, c ‘ 1 t\ c, 1. >‘ . +i 1 -.! it : ,l /,i 7 -7, 4 & {LL ~ -f’_ A i Wiiness. ELSIE M. KELLY / --. < ‘* , , -j / ., .I ’ y SJIRGIR’IA ROEERTSCN 1 ss STATE OF CALIFORNIA, Coiin ty of San Diego. ON THIS I-9th day of bhy . AB., 19 66 , bcfore me, the ui Notary Public in and for said County and State, residing therein, duly commissioncpd arid sworn, personc , I’trio~n to me to be the person whose name is the within Instrument, as a Witness thereto, who beirig by me duly sworn, deposes and says that Zanes W. Pnigc San Diego, Califo-rniu and that he WGS present and saw Elsie M. Kelly and Virginia Robertson --hnowri PO him to be the bume persoti s iuf~o~e rume S are subs within and annexed Instrument, execute and deliver the same, and A-heY acknoiuledged t that t hey executed the same; and that said affiant suhscribed his name thereto as a Wi IN WITNESS WHEREOF, 2 hnue hereunto set my Izai:d and @xed my official seal the day and year i ’I 1 cate first above written. ,:??,7 :// (7 ?I, ,;,I , I , > , Notary Pubhc in and for said County and Sta l-4 A liY A w I L K 1 N s MY CEifnmlss~n Expires Oct. 19, 1%~ ACKNOWLEDGMENT WITNESS FORM W?PAG€ No ____ ---_._-.J @CORDED REQUEST OF lll’df ~~~~~~~Gt & ifiusr ct. JUN 1 fi 9:03 Ah; ’$ -.. SfRfES 7 BoCI( 1966 .SiW DIEGO COUNTY, CALIF. A. S. GRAY, RECORDLR tf OFFICIAL RECORCS -- ?I 1 - L, - 0 OQ &c s !G 69 10 ’9 ’ !!h PE -. !i!ii !- p &,ha 88% $9 f $I$# * ‘:* ‘I *, 1 .. ,* 15 xb 6Q 33 “‘3 b $ II - I % 2;: 9 2J7z’->T - 1 --- 4---- /---I -- c( c\ q3.. k6 2-1 %a a $3 1 0 $SL -? ‘I\ - @. I . -L .- 1 . I* I ! *! AN E>LSE!~IZU~' Aplr, RIGFIT OF KAY TO FACILITATE PUELIC ACCESS, I .APP~~RTEXANCCS OVER ALL TlIAT PORTION OF LOTS "E" AND "I" OF .hGU& IIEDIONDA,, 113 TflE COUZITY QF S.?d DIEGC), STAT2 OF C-qLXFOI AS SHOi.,X ON pAKrI'TIO?j NAP NO. 823 FILED IN TEE O:=,,E UT Ti COUZGTY RECORDER OF SAID SAN DIEGO COUNTY XOxG::3ZX Lu, 2238 EASZ!.iE;:<TS, STOp2.l DI'QiISAGE ~()~<"~OL AND LP2:D US6 AWD NCCESSAf "'TC" -.- c - ?is F0LLOT.E: . . BEGINNEGG AT TlIE INTERSECTfOIq OF EL CM-:;TT:O XI---- WP * L ?;IT- yA22>;x PEP, CT 73-35 UP:IT ?IO- 1, I-LqP >?3. 8006: qlqz-,-,-r __ J_/.L__ ?; _. 29 c 152 ; 12 "j -,-- 45.00 FEET (RECOXi3 %:.;CRTI-! 29"27'05"E) TO Tt!3 T?.Z3 ~GILL~ DF 2 NIEJG; TIIZtJCE N 29°52'i2"E FOR 141.08 FEET (Z?cs?D 2iCZT:: 2' 141_18 FEZ!?) ;' THEXCE ALONG TI.% ARC OF A TS.XGS14T CggVZ TO TJ WIT9 A P!DlUS OF 600 FECYT A?!D A CSSTEAL AXGLZ OF 21"02'~7" 251.72 FZET -(RECORD 24"03'05" 251-87 FEET) ; TZEXCE TAXGE3T CURVE N 5"49'55" E FOR 113-39 FEET (RECOPC) N 5"24'E 113.03 TEIGNCE ALO?iG TIIE ARC OF A TABKENT GUZVE TO TIIE RIGif'l: l?IT3 ; OF 600 FEET Ai-iD CEXTRAL AEGLE OF 12"31'49" F013, 731-22 FEZT - TARGENT TO SAID CURVE. N 18"21*44" E FOR 97-46 FEET, THZXCE 35'16" E FOR 143-53. FEET; THENCE S 27°18159'i E FOR 149.87 : THE:NCE N 57O33'53" E FUR 107-76 FEET; THZNCE E 66"00'06"E : FEET; TKEKE hT 77"01'01"E FO2 108.66 FEET; TZEXCE 12 82"44' FOR 108.46 FEET; TifEIJCE S 83"18'03" E FOR 105.05 FEET; TEE 83"01'00': E FOR LOD,U0 FEET; TBS:?!CE N 8S0"t'57''. E-FOR 99-8 TKEi.;'CE: If 86"0:2'29" E FOR 91-96 FEZ?; THE>;C3 I.! 6?"55*35" E 93-13 FEET; THENCE 3 83"57'34" E FOR 91-94 FEET; TI-TEXCE X 08" E FOR 91-46 FEET; TIYENCE N 63"07'21" Z FOR 91-46 FEET; 'N 51"15'26" E FOR 92-33 FEET; THEIGCE N 55"24'00" E FOR 300 FEET; TRENCE N 46°52*03" E FOR 101012 FEET; TEIEXCE N 61"06 FOR 100.50 FEET; THENCE N 54°09'33" E FOX 93.28 FEET; THEN N 4&"41'45" E FOX 89-97 FEET; THEGCE N 46"08'04" E FOR 90. TI'IENCE N 38°rJO'17" E FOR 97-26 FEE'; TREXCE I< 36" 27'00'' E -200.00 FEET; THENCE N 37"38'35" E FOR 94-83 FEET; TEENCE N 28'20" E FOR 98-47 F3ZET; TIJEXCE N 26O44'33" E FOR 90-47 ??E . - - "'THEXCE N 21"47'43" E FOR 95-56 FEZT; THEXCX N 21"12'30" E 1oo.00 FEET; mmcE w 4030243*~ E FOR 668.83 FEET; THZXE s 25 ' IO" E FOR 24 4 e 79 FEET TO A COR??CR PIONG;-!ENT CO!Q~5ON TO X' AGUX fIEDIONDA, 14AP NO, 823, PORTIO?: LOT J AND L'3T E, 'ON TF -'fiII*;IT LINE OF C2\,RtSBrSD; Tli-ENCE S O"34'50" V? FOR 1093-81 FE .?iLO;ZG TRE CITY LIMlT LIIJE OF @ARLSBAG TO >*?J A;\?GLE POTXT; THENCE rd sg~25'10~~ 'I.? FOR 313.03 FEET; TIICXCE s 37": M FOR 106-26 E'CTX''; TAIf3dCE S 36"27'00" VI FOR 100-80 FEET; 1 S 41"18'45" VI FOR 100,13 EXT; 5'IiCf<CE S 41"31'03" I? FOX lt - FEE'I'; TIjESCE S 42°s~xS3'i I-? FOR 104.96 FECT; TI1ENCE S 4eo?] li' FOX 104 +!I5 FEET; 'J'iiT;]4CE S 51"3_3 ' 35" t? FOR 103-56 YCET; 'I FEET; TIi!32\!CE S 58"15'95" %q FOX 100,].3 FISCT; TI1I1MCl< S 58"1! 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FOR 94-10 FEET; TXE??ck s 47"34'26 M FO3 94-11 FEET; TIIERCE S 63"22'33" S.J FOX 92-93 FEET; TI-IEXC S $8O22'09" W FOR -32..,4.6 FEET; TJIEXCE S 42O38'22" 1-1 FOR 92-46 FEET; TXIEXCE S 36*54*35" W FOR 92-46 FEET; TlfEZCE S 3L053*39 W FOR 69-52 FEET; TIiEP.!CE S 44"5184'3" E FOX 3-32-79 FEET; TXES S 35"27 '02" W FOR 55.00 FEET; TO Ti<"; EE:GI?XENG -OF A XON-TANC 2045' FOOT PADXUS CURVE CONCAVE SOUTii?ESTZP&Y HITEL A R;IDI:WS C 2045.OQ FEET A R&DIU TO SAID POIST BEARS N 32"25'10"; THZNC f;ORTilifXSTERLY ALOMG THE ARC OF SAID CQWE TBRGUGTI A @ENTR&L . ANGLZ OF 5O32'58" FOR 198:47 FEET TO TI-E TZUE POINT OF BEGIb - . EXCEPTIEG TEAT PQRTIBN WEICE1 LIES YZITHIN G&fiLSSAD TRACT 73-I e'. .. .- - - .. . ACC0333CNG TO IJAF TEEEOF 8006.. -. e. - - ~ .." - -- - -. .-. -.. 5 - -:-. -* .- -. -- .. -. . i- .. -- - -. .- : .:_-. . .. -- L .. . -* .. .. .- .. - t .. - .I .. - -_. . .. 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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A JOINT USE AGREEMENT BETWEEN THE SAN DIEGO GAS & ELECTRIC COMPANY AND THE CITY OF CARLSBAD AND AUTHORIZING L THE MAYOR TO EXECUTE SAID AGREEMENT. e The City Council of the Cit.y of Carlsbad, Californ does hereby resolve as follows: 1. That the Joint Use Agreement between the San Diego Gas fi Electric Company and the City of Carlsbad, all0 joint use af property where high power SDG&E transmission 1 cross the Tamarack Avenue Extension east of El Camino Real, copy of which is attached hereto marked Exhibit A and made part hereof, is hereby approved. 2 $1 That the Mayor of the City of Carlsbad is he authorized and directed to execute said agreement for and c behalf of the City of Carlsbaci. PASSED, APPROVED AND ADOPTED at a regular meeting the City Council of the City of Carlsbad, California, held the 19th day of Jam~ , 1982 by the following vc to wit: e I AYES: NOES: None ABSENT: NOne Council Yders Packard, Casler, hear, Lewis and K p&//e/ .' RONALD C. PACKARD, Mayor