HomeMy WebLinkAboutSan Diego Gas & Electric Company; 1999-01-05;. 4) Go e 6 Recordin al !h
uested by
City of C sbad
When recorded, mail to:
San Diego Gas & Electric
P. 0. Box 1831
San Diego, CA 92112
Attn: Linda Victoria
-iMI6INAl
DONOTRlECORO
SPACE ABOVE FOR RECORDERS USE
APN: 215-080-17
TEIE UNDERSIGNED DECLARES
CONSIDERATION IS LESS THAN
$100 AND TRANSFER TAX IS NONE.
JOINT USE AGREEMENT
THIS AGREEMENT, dated January 5, 1999 , by and between SAN DIEGO GAS BE
ELECTRIC, a corporation (SDG&E), and THE CITY OF CARLSBAD, a municipal corporation
(CITY), 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 City of Carlsbad, County of San Diego, State of California, and has facilities for such
purposes located in, upon, over, under, and across that certain easements and right-of-way
granted to SDG&E per documents recorded 1) June 24, 1965 at File/Page No. 113018, and 2)
recorded March 3 1,1966 at File/Page No. 54 149 both of Official Records.
B. CITY is now acquiring or has acquired, easements for public street purposes in,
upon, over and across the real property described in Exhibit “A”, which is attached
hereto and by this reference made a part hereof and intends to construct, operate
and maintain therein a public dedicated street the location of which is shown on
Exhibit “B” attached hereto and made a part hereof; and
C. The street dedication referred hereto is shown on City Drawing No. PR 3.4.283, a
copy of which is on file in the office of the City Engineer of the City of Carlsbad;
and
D. CITY and SDG&E desire to provide for the joint use of the area common to
both the SDG&E easement and right-of-way and the CITY’s dedicated street
right-of-way for the construction, operation, and maintenance of both parties’
facilities in, over, under, and across the aforesaid common area.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged,
the parties hereby agree as follows:
In lieu of subordination of their easement rights, SDG&E hereby consents that a public street
may be constructed and maintained over, upon and across that portion of SDG&E’s
aforementioned easement and right-of-way lying within the limits of the proposed public street
as shown on said Exhibit “B” hereinafter referred to as area subject to the following:
(a)
09
Cc)
(d)
In the event that the future use or alteration of said area by the CITY for streets
or public improvements incidental thereto shall at any time or times necessitate
rearrangement, relocation or reconstruction of any of SDG&E’s facilities or the
acquisition of additional property easements, or both, pursuant thereto, the same
shall be performed by SDG&E, or by any other party with the consent of
SDG&E, at the cost of the CITY.
In the event that the future use of SDG&E’s easement or properties by SDG&E
shall at any time or times necessitate a rearrangement, relocation, or
reconstruction of the public improvements incidental thereto, the same shall be
performed at the cost of SDG&E.
All uses of said area by either party shall be such as will not permanently
interrupt the use or operation of the facilities therein of the other party; uses of
said area by either party which temporarily interfere with the use of the other
party will be made only when reasonably necessary and will be promptly
terminated as soon as the necessity therefore no longer exists.
SDG&E retains the right to review and approve of specific locations of all
facilities within its easement to avoid conflict with existing and future SDG&E
facilities. Such approvals shall be granted by SDG&E’s “Letter of Permission
for Grading and Construction of Improvements” and approvals shall not be
unreasonably withheld.
-2-
Cd
0
If the CITY shall hereafler vacate, in whole or in part, the area which is occupied
by SDG&E’s easement, the CITY shall, in the vacation proceedings, reserve to
SDG&E all rights owned by SDG&E prior to the execution of this agreement.
Except as expressly herein set forth, this agreement shall not in any way alter,
modii, or terminate any of SDG8zE’s rights in said area.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by duly
author&d officers.
SAN DIEGO GAS & ELECTRIC CO.,
Claude A. Lewis
Name
Carlsbad City Mayor
Title
DATE: October 26,1998
R/W NO.: 60601 and 62938
DWG. NOS.: C-2133A, A-1337
-3-
STATE OF California)
COUNTY OF San Diego)““.
On October 26, 1998 before me Linda F. Victoria.
Notary Public (name, title of officer),
appeared John B. Burton %
LFV personally known to me
to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity(ies), and that by his signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
, . * -i .’ . I- -r
EXHIBIT “A”
LEGAL DESCRIPTION OF BLACK RAIL ROAD a. MOORE PARCEL
PR. 3.4283
THOSE PORTIONS OF PARCEL 3 AND 4 (OEDICATION PARCELS) DESCRIBED HEREIN
LYING ‘@THIN PARCELS 1 AND 2 (OWNERSHIP PARCELS) OESCRIBEO HEREIN.
PARCEL 1 (OWNERSHIP PARCEL)
THE NORTHERLY 180.00 FEET OF THE WESTERLY 257.00 FEET OF THE SOUTH HALF
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF .FRACTlONAL
SECTION 22. TOWkHIP 12 SOUTH, *RANGE 4 WEST, SAN BERNARDINO -iAS, AND
MERIDIAN, IN THE CITY OF CARLSBAO, COUNN OF SAN OIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY:
PARCEL 2 (OWNERSHIP PARCEL)
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN. IN THE Ctn OF CARLSBAO. COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT MEREOF,-DESCRIBED,
AS FOLLOWS:
BEGINNING AT THE SOUTH QUARTER CORNER OF SECTlON 22: THENCE NORTHERLY
ALONG THE NORTH-SOUTH CENTER LINE OF SAID SECTION 22, NORTH 2.18’55” WEST, .
1041.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89’55’47”~EAST
250.00 FEET; THENCE SOUTH 0’04’13” WEST TO THE SOUTH LINE OF SAID NORTH HALF
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER: THENCE WESTERLY
ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF SAID NORTH HALF;
THENCE NORTHERLY ALONG SAID NORTH-SOUTH CENTER L!NE OF .SECTION 22 TO
THE TRUE POINT OF BEGINNING.
EXCEPTING THAT PORTION LYING NORTHERLY OF A L!NE DESCRIBED AS FOLLOWS:
PAGE 1 OF 3
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BEGINNING AT A POINT ON THE EAST LINE OF THE ABOVE OESCRlElED LAND WHICH IS
a DISTANT THEREON SOUTH 0’04’13’ WEST 350 FEET FROM THE NORTHEAST CORNER
THEREOF; THENCE NORTH 87’51’ WEST 235.93 FEET TO THE NORTH-SOUTH C.ENTER
LINE OF SECTION 22.
PARCEL 3 (DEDICATION PARCEL)
A STRIP OF LAND 60.00 FEET WIDE WITHIN SECTION 22. TOWNSHIP 12 SOUTH, RANGE
4 WEST, SAN BERNARDINO MERIDIAN, IN THE C1N OF CARl%AD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT
SURVEY APPROVE; APRIL 21, 1890, LYING 30.00 FEET ON EACH SlD; OF THE
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22 SAID POINT
BEARS SOUTH 00’00’14’ EAST, 2377.59 FEET (SOUTH 00’33’33’ WEST, 2377.60 FEET
PER R OF S MAP NO. 14608) FROM THE NORTH QUARTER CORNER OF SECTION 22 AS
SHOWN AND DESCPIBED ON RECORD OF SURVEY MAP NO. 14608, FILED IN THE
OFFICE OF THE COUNTi RECORDER AUGUST 11, 1994 SAJD CORNER BElNG
MONUMENTED BY A 2 INCH IRON PIPE MARKED ‘L-S. 6287’ SAID SOUTH QUARTER
CORNER ALSO BEARS SOUTH 02’02’03” EAST, FROM A 2” IRON PIPE STAMPED ‘L.S.
3189 1/2M AHR 1979’, SAID 2” IRON PIPE LIES NORTH 89’5743” EAST, 2550.19 FEET
(SOUTH 89’28’34’ EAST, 2550.23 FEET PSR R OF S MAP NO. 14608) ALONG THE SOUTH
LINE OF RANCH0 AGUA HEDIONDA PER MAP NO. 823 RECORDED NOVEMBER 16,1896,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNN FROM A 2. IRON PIPE
STAMPED ‘L.S. 4525 AHR S21 S22 T12N R5W CC 1980’ MARKING THE NORTHWEST
CORNER OF SAJD SECTION 22: THENCE LEAVING SAtD SOUTH QUARTER CORNER OF
SECTION 22, ALONG SAID LINE WHICH BEARS SOUTH 02’02’03’ EAST, FROM SAID 2”
IRON PIPE STAMPED ‘LS. 3189 1/2M AHR 1979”, NORTH 02’02’03” WEST (NORTH
01’28’00” WEST PER RECORD OF SURVEY MAP NO. 14630, FILED IN THE OFFICE OF
THE COUNTY RECORDER AUGUST 25, 7994). 2259.90 FEff TO A TANGENT CURVE
CONCAVE WESTERLY HAVING A RADIUS-OF 300.00 FEET; THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23’35’21 A DISTANCE OF
123.51 FEET TO A POINT ON THE’ SOUTH LINE SAID RANCH0 AGUA HEDIONDA. SAID
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WO 16114 6m9?
. . -. I.. : . r I-..*
8 POINT BEARS SOUTH 89’57’43” WEST (SOUTH 89”28’34’ EAST PER R OF S MAP NO.
146q8), 25.09 FEET FROM SAID 2” IRON PIPE STAMPED ‘LX. 3189 1/2M AHR 1979.
THE SIDELINES OF SAID 60.00 FOOT WIDE STRIP OF IAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE SOUTHERLY IN THE SOUTH’LINE OF SAID SECTION
22 AND NORTHERLY IN THE SOUTH LINE OF SAID RANCH0 AGUA HEDIONDA.
AREA EAST OF THE HEREIN DESCRIBED CENTERUNE CONTAINS O.!Sl ACRES MORE
OR LESS; AREA EAST OF THE NORTH-SOUTH CENTERLlNE OF SAID SECTION 22 PER
RECORD OF SURVEY 14608 CONTAINS 0.046 ACRES MORE OR LESS.
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PARCEL 4 (DEDICATION PARCEL SLOPE EASEMENT)
A STRIP 0: LAND 5.00 FEET MDE, THE EASTERLY LINE OF WHiCH IS PARALLEL WITH
AND 5.00 FEET EASTERLY OF THE EASTERLY SIDELINE OF THE HEREINABOVE
DESCRIBED PARCEL 3.
-j&-u& + L-J--97
JOHN W. HILL, JR. L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
H&A BLACK RAIL FILE NO. 118
CHICAGO Tl7-LE ORDER NO. 993061-50
-.- . -
PAGE 3 OF 3
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WO 16114 6l5197
XT1 OFZs/ml I . A PORTION Of SECTION _- 3 . 12 SOUTH. RANGE 4 wE!5T,3.&M.
2’ IRON PIPE MARKED -IS. 6287’ N l/4 CQFWCR PER R.O.S. 14606
8 (Y II
4
. . $
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1 I I ,k N-S CENTER SECTION UNi PER aa. No. l46IM
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THE BASIS OF WRINGS FQR THIS EXHIBIT IS NE NORTHERLY UNC OF ‘DESCRIPTION NO. 4’ 6 SHOW ON ROF S. 5715. I.E. N71’35’51”L
SEE SHEET 1 F3R EASEMENT INFORMAT1ON
LEGEND
m INDIGUES STREO OEDlCIrlCN
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lN0lcATES SLOPE 3sEhcNT
( ) R”OI~TSR.&?$O,O& X.7 .
0-0 870 . . -
HUNSAXER a ASSOCIATES SAN DEW. INC.
‘UCANT :
D~:DICATlON PtAT - CITY OF CAf?lcaAo
1 PREPARED By:. 1 PROJECT: lAP.N.:
CREYSTONE HOMES
495 CAST RINCON,
SUITE 150
C3RONA. CA 91713
/.A 215-080-17 q+ uv &= c -J-77
;OHN W. HILL JR. L.S. 5669
EWES: g/30/99 Pf? 3.4.283 Emm “B”
06/05/37 * lSlt\RA4OOQ~I.~~ l l--1200’ l IblI-3 MC3RE 31 ‘a,
;
PARCEL 1
MOORE
215-080-17
=---
TO F. AYRES % SON COPR.
REC. a-26-60 F/P 174500, O.R.
EXIST. 20’ ESAEMENT TO CARLSBAO MUNlCfPAL
WATER QtSTRICT, REC. a-14-61 F/P 139572. O.R.
0 C EXIST. 12’ EASEMENT TO SOG&E REC. 6-24-65
F/P 113018. O.R.
0 0 EXIT. 6’ EASEMENT TO SOGBE REC. 3-31-66
OOC. NO. 54149, O.R. 0 E EXIT. 30’ EASEMENT TO CARLSBAO MUNICIPAL
WATER @STRICT. REC. l-S-77 F/P 77-003537. 0-R.
0 F EXIST. 30’ EASEMENT TO F. AMiES h SON COPR.
REC. 10-10-60 F/P 202177, 0-R.
0 G EXIT. 30’ EASEMENT TO GORDON 0. OLTON AND
MARY JANE OLTON, REC. 5-25-66 F/P 87070, 0-R.
-.. . . .
DEDICATION PUT - CITY OF CARLWAD
IPREPARED 8Y: . 1 PROJECT:- 1 A.P.N.:
?EYSTONE HOMES
35 GIST RINCON. JITE 150
SONA. c4 91719
215-080-l 7
JOHN W. HILL. JR. LS. 5669
EXPIRES: 9/m/99 PR 3.4283 ,EXHIBIT “B”
5/U/97 l 161t \,~00REi!Orn; l t--ZOO’ - Mtf-J MULIft gr’c? L
I
City of Carlsbad
January 26,1999
County Recorder
PO Box 1750
San Diego CA 921124147
Enclosed for recordation is/are the following described document(s):
Joint Use Agreement
San Diego Gas and Electric APN: 215-080-I 7
Also enclosed are instructions on how the City is to be billed for the recordation fees
incurred.
Thank you for your assistance with this item.
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-I 989 * (760) 434-2808 @