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Home My WebLink AboutSan Diego Gas & Electric Company; 1999-03-26;Recording Requested by City of Carlsbad When recorded, mail to: San Diego Gas & Electric Company P.O. Box 1831 San Diego, CA 92112-4150 Attention: John J. Hernandez SPACE ABOVE FOR RECORDERS USE APN: 215-070-26 THE UNDERSIGNED DECLARES CONSIDERATION IS LESS THAN $100 AND TRANSFER TAX IS NONE. JOINT USE AGREEMENT THIS AGREEMENT, dated Pwu2c~ 2G. 099 I by and between SAN DIEGO GAS & 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 San Diego, County of San Diego, State of California, and has facilities for such purposes located in, upon, over, under, and across that certain easement and right-of-way granted to SDG&E per document Recorded January 10, 1958, in Book 6902, Page 504. 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 “6” attached hereto and made a part hereof. DAda m:Uegak\iOS3 ocam bMMWal7.doE wom3-4 C. The street dedication referred hereto is shown on Carisbad Tract No. 93- 09, City Drawing No. 360-38, Sheet 6 of 16 and Sheet 12 of 16, copies of which are on file in the office of the City Engineer of the City of Carlsbad. 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 dedication, 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 purposed public street as shown on said Exhibit “B” hereinafter referred to as area subject to the following: (a) 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 a 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. (W 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. (cl 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. Mda m:~w53 ocan tammom7da 10 10534 (e) (9 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. If the CITY shall hereafter vacate, in whole or in part, the area which is occupied by SDG&E 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, modify, or terminate any of SDG&E’s rights in said area. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by duly authorized officers. SAN DIEGO GAS & ELECTRIC CO., Executed by CITY this 23 rol day of a California Corporation By: B. Burton, Supervisor ATTEST: By: 1 Aletha L. Rautenkranz, City Clerk APPROVED as to form and legality this 3 q ti 7x day of &Xx , 195% By: ,,a.Q Rebq Ronald R. Ball, City Attorney DAda m:YeQamou ocean bhlncw.l7.doc vo 1953.4 STATE OF&~~,&$ 1 COUNTYOF sca,&& ss. On 3 - 30- % before me L /A/de E ,&kk, % (name, title of officer), &be%d a d personally known to me to be the person whose name 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 on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and offkial seal. Signature+ Z&&k*, EXHIBIT “A” LEGAL DESCRIPTION APN 215-070-26 (SDG&E JOINT USE AGREEMENT) THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PlAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8,1991, SAID POINT BEARS NORTH 72”12’46” EAST, 593.97 FEET (NORTH 72”47’00” EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID POlNSEl-l-IA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINSElTIA LANE, NORTH 72”12’46” EAST (NORTH 72”47’00” EAST PER MAP q2972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30”31’54” A DISTANCE OF 746.03 FEET; THENCE NORTH 41”40’52” EAST, 28.83 FEET TO THE SOUTHWESTERLY LINE OF AN EXISTING 150 FOOT WIDE SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT RECORDED JANUARY 10, 1958 IN BOOK 6902, PAGE 504 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE :DA MUegalsM953 Ocean Bluffi004AlG.doc wo 19534 3/2/98 PAGE 1 OF 2 POINT OF BEGINNING; THENCE CONTINUING NORTH 41”40’52” EAST, 15O.Ot FEET TO THE POINT OF TERMINUS SAID POINT BEING ON THE NORTHEASTERLY LINE OF SAID 150 FOOT WIDE SAN DIEGO GAS AND ELECTRIC EASEMENT. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHWESTERLY LINE OF SAID 150 FOOT WIDE EASEMENT AND NORTHEASTERLY IN THE NORTHEASTERLY LINE OF SAID 150 FOOT WIDE EASEMENT. ++-A* I-3- 9g JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. :DA M:\Legals\lg53 Ocean BluftOO4A16.doc wo 1953-4 3/2/98 PAGE 2 OF 2 Ln tag; &as L hcc::;: San Diego Gas & Electric INTERNAL CORRESPONDENCE To, M, A. Kyd FiiOM S. D. Davis SUeJEcr DELEGATION OF SIGkATUREt AU!l!HORITY In an effort to streamline our document signing process and to JUN221990 Lulr! Scwa De~almmt DATE 3pri.l 17, 1990 FILE NO. delegate signature authority to appropriate levels, a Quick Action Team (QAT) was formed in our department to address the matter. The QAT identified thirty-three documents that are utilized routinely in the Land Services Department. Each document was analyzed and evaluated based upon such factors as: dollar risk, levels.of approval prior to execution, public relations e-osure and significance of transaction. A description of each document and an evaluation factor list is attached. r *. . of the thirty-three documents reviewed, the first eleven are deemed to be at the appropriate levmand are not recommended for change. However, the remaining twenty-two documents are recommended for change to more efficiently and effectively be transacted by front-line employees and/or the.ir immediate superiors without any significant loss in the benefits associated with multiple approval levels. Of the twenty-two, six formerly required your signature and dealt with purchases, sales, leases and licenses of property. Over the past three years, 95% of these t=es of transactions would have fallen below the $250,000 limit (formerly $100,000) designated,for Manager approval. In order to implement these changes the signatures of T. A. Page, J. E. Thomas and yourself are needed. This memo will supersede a prior delegation of signature authority memo to J. E. Hamrick, dated December 5, 1986. ?&.I.<&<; Steven D. Davis, Manager Land Services Department Ext. 2494 SDD : k-s Attachment F’RA cTJoNA!., “PII *a -p,*s l q I 1 LINE SEC. 22 A-\4 MA? $If+J’ 3’+--. 46-p -12972 y+<;+e>pl 43%. Ih. RClS -10774 \T *Q .* ~YK~TES STR~ DEI~ITION ’ ’ A INDKXTES STREET SURVEY MONUMENT STAMPED t.S. 5894” PER R OF S 13348. t ) INolcATES RECORD DATA PER MP 12972 , [ ] INDICATES RECORD DA TA PER R Of S 13348 NO SCALE LEGAL DESCll)lDTJnN OF FBICTIOML SEC. 22, Tl2S, R4w, S.&M. HUNSAKER &ASSOCIATES OF BmGSt SAN DIEGQ INC THE @ISIS OF BEARINGS FOR THIS MP IS A PORUON OF THE NORTHERLY LINE OF FWX’OWIL SECTION 22, T12S, FtAwJNG 1ul79- st.sldtezoo R4w, S.E.M., PER MP NO. 13429, I.E. N 89’57’43”E. - SmoigqG~ SURWC PHf6&!?6460~~6l9)5.56.l4l4 n\wmm13lHo1.an; SHEET 1 OF 1 SPPLICANT: 1 PREPARED By: 1 PROJECT: ~A.P.N.: bITELLUS RESIOENTIAL GROUP I PARK PLAZA 215-070-26 ;UITE 400 yrc WINE, CA 92714 p 3-7-m mw USE JOHN W. HILL, JR. L.S. 5669 AGRmEW 714) 251-6100 EXHIBIT “B” EXPIRES: g/30/99 M. A. Kyd APPROVED: -2- M A . 1d.d M. A. Kyd, Vici ?k sident. Administrative S et vices ice President & President & April 17, 1990 h.2 Iw- Date & --20 - p& Date L-L% yo Date 1. 2. 3. 4. 5. 6. g:: ‘: K9. )clO. )c Il. y 12. 13. 14. 15. 16. 17. 18. )( 19. p( 20. r( 21. )( 22. x 23. )( 24. )( 25. p( 26. )t 27. 28. 29. 30. 31. 32. 33. RECWENDATION FOR SIGNATURE AUTHORI~ LEVEL Administrative Sianature Level New Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . .Manager . Existinq Grant of Easement ..................... .Manager' Escrow Document for Sale, Purchase or Lease of Property .. .Manager Railroad, Telephone Company, and State and Federal Agency License Agreements .................... -Manager Option Agreement for Purchase, Sale or Lease of Property ($250~) ......................... .Manager Subordination Certificate '. .................. .Manager MTDB Facilities Relocation Agreement and Amendments .... .Manager Right of Way Use Agreement ................. .Supervisor Estoppel Certificate .................... .Supervisor Joint Use Agreement .................... .Supervisor Subdivision Map ...................... .Supervisor Acceptance of Land Use Permit Conditions .......... .Supervisor License Agreement for Use of Co. Prop. ($250~) ....... .Manager Lease of Real Property for Co. Use ($250~) ......... .Manager Lease Agreement for'company Property ($250~1 ;-? ...... .Manager Property Sales/Purchase Agreement ($250~) . .': ....... .Manager Memorandum of Mortgage, Lease and Deed of Trust- ...... .Manager Encroachment Removal Agreement ............... .Manager Port District Easement, Permit and License ...... . .. .Supervisor School District License Agreement ............. .Supervisor Utility Agreement and Service Contract (or Agreement) ... .Supervisor Consent to Common Use Agreement .............. .Supervisor Assignment of SDG&E Easement ........ i ....... .Supervisor Lease Assignment ...................... .Supervisor Lease and License Amendment ................ .Supervisor Broker Sales, Contracts and Listing Agreements ........ .Supervisor State Highway Right of Way Contract ............ .Supervisor Application for Governmental Agencies Land Use Permits ... .Representative Various Governmental Agency Forms Associated with Land Use Permit Application ............... .Representative Right of Entry Permit ................... .Representative Consent Letter ....................... -Representative Letter of Permission for Grading .............. .Representative Letter of Permission to Use Public Utility Easement . . . . .Representative M M M M M M M s S S S S VP VP VP VP VP VP M M M M M M M M M M M M S S S .-. *.I ‘* : EVALUATION FACTOR LIST 1. 2. 3. 4. 5: 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Qui tclaim Deed ........................ Grant of Easement ..................... 1 Escrow Document for Sale, Purchase or Lease of Property ... Railroad, Telephone Company, and State and Federal Agency License Agreements ...................... Option Agreement for Purchase, SaJe or Lease of Property ($SOGK) ........................... Subordination Certificate .................. MTDB Facilities Relocation Agreement and Amendments ..... Right of Way Use Agreement .................. Estoppel Certificate ..................... Joint Use Agreement .................... ! Subdivision Map ....................... Acceptance of Land Use Permit Conditions ........... License Agreement for Use of Co. Prop. (SSOOK) ....... ! Lease of Real Property for Co. Use ($500K) .-.1 ........ Lease Agreement for Company Property (SSOOK) .;. ....... .' Property Sales/Purchase Agreement (SSOOK) ........... Memorandum of Mortgage, Lease and Deed of TFust ....... Encroachment Removal Agreement ................ Port District Easement, Permit and License ........... School District License Agreement .............. Utility Agreement and Service Contract (or Agreement) .... Consent to Common Use Agreement ................ Assignment of SDGtE Easement ................. Lease Assignment ....................... Lease and License Amendment .................. Broker Sales, Contracts and-listing Agreements ........ State Highway Right of Way Contract ............. Application for Governmental Agencies Land Use Permits .... Various Governmental Agency Forms Associated with Land Use Permit Application ................ Right of Entry Permit .................... Consent Letter ........................ Letter of Permission for Grading ................ i&l-m-l I I I 1 a l 0 019 .I* l I@ l ra l 4 14 1 , , I. pl’l I I @PI I I I I . I l I+1 ., 44 ., a l l 010 a l l 010 ‘O@O . l eo . I I -G- .IoIoIo T- .IoIeIo l ~1~1 I l ~1~1 I 0 l qm1. 0 l ale10 010 0 0 ielm I I 0 l .I@ let 444 ‘I Letter of Permission to Use Public Utility Easement . . . . . ‘lzLz-!-J . . 1. Quitcl aim Deed 2. Grant of Easement 3. Escrow Document for Sale, Purchase or Lease of Property 4. Railroad, Telephone Company, and State and Federal Agency License Agreement 5. Option Agreement for Purchase, Sale or Lease 6. Subordination Certificate 7. MTDB Facilities Relocation Agreement and Amendments 8. Right of Way Use A recorded document that allows major encroachments within Agreement an SDG&E easement. 9. Estoppel Certificate 10. 11. Right of Way Use Agreement Subdivision Map A deed used to transfer any i .rest in real property that Grantor may have. This document is prepared by SDG&E. Easements to public agencies for roads, pipelines, etc., across SDG&E fee owned rights-of-way or other property. Authorization and instructions for a third party (escrow holder) to hold funds and documents pending title search and other actions, to deliver funds to the seller and deliver grant deed or lease to the purchaser at the close of the transaction. Agreements which authorire the encroachment of Company facilities on railroad property or on State or Federal lands subject to specified terms and conditions. Contract by which a property owner grants another person the right to purchase property for a specific sum within a specified time period, but without imposing an obligation to purchase, sell or lease. A certificate (statement) to be placed on a subdivision map when SDG&E has existing easements crossing the proposed subdivision. Agreements which define'the costs and responsibilities for relocation of SDG&E facilities- due to MTDB construction of light rail facilities. (I A certificate that acknowledges certain existing facts and statements, which prevents (estops) the signer from disputing those facts and statements at a later date. SDG&E uses this certificate to confirm existing lease(s), history of default of rents, date rents are paid, etc. A signed statement by a party to a transaction, such as a tenant or mortgage, certifying for the benefit of another party that a certain statement of facts is correct as of the date of the statement, such as that a lease exists, that there are no defaults and that rent is paid on a certain date. Delivery of the statement by the tenant prevents (estops) the tenant from later claiming a different state of facts. A recorded document that allows major encroachments within SDG&E easement. Map prepared by a property owner or his developer to divide a piece of property into various parcels of land to allow residential, commercial or industrial development to occur ;on the new parcels. SDG&E signs various statements on the map, depending on the type of circumstance, that protects our existing gas and electric distribution and transmission easements within the maD area. - -.. . . . -. 12. Acceptance of Land r- Use Permit Conditions 13. License-Agreement for Use of Company Property 14. Lease of Real Property for Company Use 15. Lease Agreement for Company Property 16. .Property Sal e/Purchase Agreement 17. Memorandum or Mortgage and Deed of Trust, and Memorandum of Lease and Options 18. Encroachment Removal Agreement 19. Port District Easement, Permit and License 20. School District License Agreement 21. Utility Agreement and Service Contract (or Agreement) 22. Consent to a Common Use Agreement Certain agencies attach cond, .ons to their approval of applicant land use entitlements and permits such as landscape requirements, timing of construction and screening of the proposed facility. Applicant must sign the permit accepting the conditions. Agreements that allow use of SDG&E fee owned property for specified purposes in exchange for payments of rent. (These documents are similar to a lease, except that Section 851 of the Public Utilities Act does not allow a utility to lease useful property to others without first having secured permission from the CPUC.) Do&ments prepared by others to lease office space and other land or facilities to the Company. These documents are individually reviewed in accordance with Corporate Policy t32. Leases may also include short term 1 ease of construction yard sites and other minor uses by the Company where the leases are usually prepared by SDG&E. Conveys an interest in Company real property to another party when it has been determined that the property is not useful or needed for utility purposes. Specifies both responsibilities of landlord (SDG&E) and tenant, such as rental rate, term of occupancy, etc. A contract or offer to;selJ/purchase real property from another. The agreemerit defines the specific property, buyer and seller, purchase price, time and manner of payment among other things. Can serve as escrow instructions. Memorandum of Mortgage and Deed of Trust acknowledges that all of the Company's properties are subject to SDG&E's first mortgage. This document is recorded along with the grant deed whenever SDG&E purchases real property. The document is recorded to notify anyone concerned that a 1 ease or option exists (or existed) on the property. An agreement between a property owner (SDG&E) requesting permission from a local governmental agency to install SDG&E facilities in a public right of way that provides for removal of those facilities if requested by the governmental agency. Acknowledges acceptance of conditions of these standard documents prepared by the San Diego Unified Port District that grants SDG&E rights on tidelands property. A standard document prepared by SDG&E that grants SDG&E easement rights on school district lands. Standard form California Department of Transportation contracts that specify rights and responsibilities of SDGaE when relocating facilities in state highways or in providing service to the State. A State Department of Transportation document similar to a Joint Use Agreement (BJO), however, CalTrans grants SDG&E broader rights. . . *. * . . -. 23. Assignment of Assigns (by previously approve. agreement) SIX&E SDG&E Easement distribution easement rights to another party. 24. Lease Assignment 25. lease and License Amendment 26. Broker Sale, Signed contract with real estate broker to sell or lease Contract, and real property, as agent, for percentage of sale as Listing Agreement commission. 27. State Highway Right of Way Contract . 28. Application for Governmental Agencies Land Use Permits 29. .Various Governmental Agency Form Associated With Land Use Permit Application 30. Right of Entry Permit 31. 32. Consent Letter Letter of Permission for Grading 33. Letter of Permission to Use Public Utility Transfers real property interest in an existing lease to another party who becomes the new tenant assuming all responsibility of the original tenant. Amends terms and conditions of the original Tease to reflect changes in the life of the lease or other modifications to terms or conditions. Contract between SDG&E and the State that specifies amounts of payment, liability provisions and other conditions of land rights transactions between the State and SDGSE. The contract accompanies easements and other land rights granted from one party to the other. Applications to governmental agencies requesting approval of a proposed SDG&E project or land use that is under the agency's legal jurisdiction. Some examples of these permits and land use entitlements are: zone changes, variances, conditional use permit, state coastal permit, building permit, highway crossing permit, excavation/encroachment permit, U. S. Army Corp9of Engineers permit, etc. Various forms that must'be completed by an applicant or owner in conjunction w-ith an application for a land uss permit such as statements representing that signatore is an authorized agent of SDG&E, statements relieving the governmental agency of liability, hazardous materials questionnaire, BIA applicant certification and other forms requiring the owner's signature. A State Department of Transportation letter or a letter from a similar governmental agency permitting SDG&E access over government property (similar to SDG&E's consent letter, 31). Allows minor encroachments within SDG&E easements. Letters allowing developers and others the right to grade on fee owned and easement property. Letters permitting property owners the use of their property where an easement exists to SDG&E, Pacific-Bell and other agencies for utility purposes. These permission are granted when SDG&E does not use or plan to use the easements for their facilities. ;- ‘RITE IT - DON’T SAY ‘T! Date 3/33m 19 To 0 Reply Wanted From ONo Reply Necessary I