HomeMy WebLinkAbout1976-07-06; City Council; 2094-6; CT 72-34 Unit no 1 2 3 and 4 Final Map and Acceptance of Joint Use Agreement Applicant Donald B Ayres Jr Newport Shores BuildersAGENDA BILL NO.
DATE: July 6, 1976
CITY OF CARLSBAD
Initial !
DEPARTMENT: Engineering
Subject: CT 72-34, UNIT NO. 1,2,3 AND 4 - FINAL MAP AND ACCEPTANCE OF
JOINT USE AGREEMENT
APPLICANT: DONALD B AYRES JR., NEWPORT SHORES BUILDERS
Statement of the Matter
I. Engineering staff has completed checking the final map of Carls-
bad Tract 72-34, Unit No. 1, 2, 3 and 4 Rancho La Cuesta, for con-
formance with the State Subdivision Map Act and applicable local
ordinances of the City of Carlsbad. The final map conforms substan-
tially with the conditions of the tentative map time extension ap-
proved by the City Council on February 17, 1976 by Resolution No. 3854.
II. In order to complete the permits required for "Rancho La Costa
Sewer" which is in compliance with Item No. 8 of Resolution No. 3854
approving the tentative map, San Diego Gas and Electric Co. is pro-
posing a joint use agreement (attached) for acceptance by City Council.
Exhibit
A. Final map
B. Joint use agreement
C. Resolution No.
D. Location map
Recommendation
Adopt a motion:
A. approving the final map of Carlsbad Tract No. 72-34, Unit No. 1,
2, 3 and 4 (Rancho La Cuesta)
B. approve Resolution No. J?y$? and authorizing the Mayor to exe-
cute on behalf of the City, the joint use agreement.
Council action
7-6-76 The final map for Carlsbad Tract 72-34 Units 1, 2, 3, and -
(Rancho La Cuesta) was approved.
Resolution #3948 was adopted, authorizing Mayor to execute
the joint use agreement.
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JOINT USE AGREEMENT
THIS AGREEMENT, made this 6th day of July
19Z§ > by and between SAN DIEGO GAS & ELECTRIC COMPANY, a
«
corporation hereinafter designated as "Company", and the
City of Carlsbad, a municipal corporation, hereinafter
designated as "City".
WITNESSETH:
WHEREAS, City desires to acquire and is now
acquiring easements and rights of way for, and intends to
construct, operate, and maintain therein, a sewer line and
appurtenances thereto, said sewer line and appurtenances
being hereinafter designated as "City's facilities"; and
WHEREAS, Company is engaged in the business of
transmitting and distributing gas and electricity within
the County of San Diego, State of California, including the
property herein described and has facilities for such
purposes located in, upon, over, under and across that
certain easement and right of way granted to Company and
recorded April 16, 1957 in Book 6539, Page 141 of Official
Records of said County of San Diego, which said easement
and right of way is hereinafter designated as "Company's
facilities"; and
EXHIBIT "B"
WHEREAS, City is desirous of obtaining Company's
consent for the construction, operation and maintenance of
said City's facilities in, along, over, across, and under,
but not longitudinally within, Company's facilities along
the routes particularly described as follows:
That certain strip of land 20.00 feet in width
within Lot 2 in Section 35, Township 12 South, Range 4 West,
San Bernardino Meridian, in the City of Carlsbad, County of
San Diego, State of California, according to United States
Government Survey approved May 3, 1883, the center line of
said strip being more particularly described as follows:
Commencing at the Northeast corner of said Lot 2;
thence along the Northerly line of said Lot 2 North 88° 46'
54" West, 658.53 feet to a point on a line that is parallel
with and 50.00 feet Northeasterly of the Southwesterly line
of the above described easement to San Diego Gas & Electric
Company; thence along said parallel line South 24° 26' 54"
East, 448.94 feet to the TRUE POINT OP BEGINNING; thence
South 77° 20' 00" East, 186.44 feet.
ALSO: Beginning at said TRUE POINT OF BEGINNING;
thence North 77° 20' 00" West, 14.56 feet; thence South 87°
20' 00" West, 350.00 feet.
EXCEPTING therefrom any portion thereof not lying
within said easement to San Diego Gas & Electric Company.
NOW, THEREFORE, it is agreed:
1. Company hereby grants to City, or in any other or altered
form it may assume, the right and privilege to construct,
operate and maintain City's facilities in, along, across,
over and under, but not longitudinally within, Company's
facilities, together with the right of ingress to and
egress from said City's facilities.
2. In the event that the future use or alteration of said
area by City for City's facilities shall at any time
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or times necessitate a rearrangement, relocation or
reconstruction of any of Company'.s facilities and/or
the acquisition of additional easements or properties
pursuant thereto, the same shall be performed by Company,
or by any other party with the consent of Company, at
the cost of City.
3. In the event that the future use of said easement or
properties by Company shall at any time or times nec-
essitate a rearrangement, relocation or reconstruction
of said City's facilities, the same shall be performed
at the cost of Company.
4. 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
areas by either party which temporarily interfere with
the use or operation of the facilities therein of the
other party will be made only when reasonably necessary
under said easement and will be promptly terminated as
soon as the necessity therefore no longer exists.
5- Company shall be deemed the "party first in place" and
its rights and interests shall be prior.to those of the
City therein; and this agreement, except as expressly
herein set forth, shall not in any way alter, modify or
terminate any of Company's prior rights in said area.
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6. In the event City proposes future surface and/or sub-i
surface installations, provided for herein, City will
furnish to Company full and complete plans and speci-
fications for such proposed installation, giving the
alignment of same and the locations of all underground
work. City will give notice in writing to Company not
less than twenty (20) days before any surface and/or
subsurface work shall be commenced, of its intention to
perform said work, and the places where said work is to
be done. Notice provided for herein shall be addressed
to San Diego Gas & Electric Company, Engineering Land
Department, 101 Ash Street, San Diego, California, 92101,
until the party resident at such address shall in
writing notify the City of any change of such address
or person or agency to receive such notice; provided,
however, that Company as the party first in place
reserves the right to reject said proposed plan whenever
it substantially conflicts with the uses of said area
made by, and will be unduly burdensome on, Company. For
purposes of this paragraph, consideration shall be given
to the relative size and character of the installation
in place, and to the relative hardship, inconvenience,
expense and length of time of interruption of service
necessitated by said proposed alteration, in determining
where a "substantial conflict" exists and what shall be
deemed "unduly burdensome".
7. City shall at all times indemnify and save harmless
Company against and pay in full any and all loss,
damage or expense that Company may sustain, incur or
become liable for, resulting in any manner from the
construction, maintenance, use, state of repair or
presence of City's facilities installed hereunder and
all necessary and proper fixtures and equipment for
use in connection therewith, including any such loss,
damage or expense arising out of the (a) loss of or
damage to property, and (b) injury to or death of
persons, including the defense of any action arising
therefrom, excepting any loss, damage or expense and'
claims for loss, damage or expense resulting in any
manner from the negligent act or acts of the Company,
its contractors, officers, agents or employees. •
8. City shall also indemnify and save harmless Company
from any and all claims for any injury or death,
brought by or on behalf of any person not covered by
the preceding paragraph, and any and all claims for
damage to, or loss, of property; said indemnification
to be made whenever the claim or claims arising from
the indemnifying party's negligent acts, omissions,
or failures to comply with safety rules, company rules,
laws or ordinances of the respective parties, or of
either of them, or of any governmental agency, or
failure to comply with laws -or ordinances or by its
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neglect to perform any of the covenants containe'd in
this agreement. Should any such claim or claims referred
to in this paragraph arise from the joint or concurrent
negligent acts, omissions, or failures to comply with
safety rules or company rules, laws or ordinances of the
respective parties, or of either of them, or of any
governmental agency, of both parties to this agreement,
or their agents, employees, or servants; or the negli-
gence or wrongdoing of some third party for which neither
of the parties is responsible, or is so obscure that it
cannot be legally ascertained by whose negligence or
wrongdoing such loss, damge, or liability was caused,
then in every such instance each party shall bear all
loss and damage which shall have been suffered in
respect to its own property, and shall jointly share
all liabilities which they shall jointly incur for the
said claims. However, should one party be held liable
on any claim or claims arising under this paragraph
because of its failure to discover and remedy a defect
caused by the other party's negligent act or omission,
the party originally at fault in allowing the condition
to occur shall indemnify and hold harmless the other
party.
9. The terms of this agreement shall be binding upon
Company, its successors and assigns, and City, or
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in any other or altered form it may assume.
10. Company shall not be obligated by any provision hereof
in any way to acquire any easement right of interest
in any real property for the City.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed by their proper officers there-
unto duly authorized the day and year first above written.
ATTEST:
Secretary
SAN "DIEGO GAS & ELECTRIC COMPANY,
a corporation
By
Senior Vice President
City of Carlsbad, a municipal
corporation
By
E. Adams City Clerk
DRAWN BYJSic_kley,__
CHECKED BY_Q^r:iir._.
SKETCH NO.Q£-_31Q5__
DATE 6/.18/JJL.
MOPAC NO. .2123P_-_01_
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SAN DIEGO GAS & ELECTRIC COMPANY FORM
STATE OF CALIFORNIA )
33 .
COUNTY OF SAN DIEGO )
ON THIS day of , 19 , before
me, the undersigned, a Notary Public in and for said County and
State, residing therein, duly commissioned and sworn, personally
appeared , known to me to
be the President and
, known to me to be
the Secretary of SAN DIEGO GAS
& ELECTRIC COMPANY, the corporation that executed the within
Instrument, known to me to be the persons who executed the within
Instrument, on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
Instrument pursuant to its By-Laws or a Resolution of its Board
of Directors.
WITNESS my hand and official seal.
Notary Public in and for said County and State
MUNICIPAL CORPORATION FORM
STATE OP )
ss.
COUNTY OF )
ON THIS day of , 19 , before
me, the undersigned, a Notary Public in and for said County and
State, residing therein, duly commissioned and sworn, personally
appeared , known to me to be the
Mayor, and , known to me
to be the City Clerk of the
, the municipal corporation that executed
the within Instrument, known to me to be the persons who executed
the within Instrument, on behalf of the municipal corporation
therein named, and acknowledged to me that such municipal corpora-
tion executed the same.
WITNESS my hand and official seal.
Notary Public in and for said County and State
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SECTION 35
SECTION 35
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NOTE:
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DWG NO. I8I-5A, T-I600-3-SHT 5
& AM-8009
MOPAC 91230-01 COORDINATE 338-1683 ""XHIBIT "A
REVISIONS DAT! BV APPD
SAN DIEGO GAS & ELECTRIC COMPANY
SAN DIEGO. CALIFORNIA
SEWER LINE CROSSING
DRAWN BY EAT
SURVEYED Br
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CARLSBAD
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DATE
DATE 6-27-75 I«V
DRAWING NO
05-3705
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RESOLUTION NO. 39481
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R5BERTTC. FRAZEE, Mayor23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND SAN DIEGO GAS AND ELECTRIC COMPANY FOR THE "
JOINT USE OF EXISTING UTILITY EASEMENT REQUIRED FOR A
SEWER FACILITY KNOWN AS "RANCHO LA COSTA SEWER".
THE CITY COUNCIL of the City of Carlsbad, California, does hereby
resolve as follows:
1. That certain agreement between the City of Carlsbad and San Diego Gas
and Electric Company for the joint use of existing utility easement for proposed
sewer facility known as "Rancho La Costa Sewer", a copy of which is attached
hereto marked Exhibit B and incorporated herein by reference, is hereby
approved.
2. That the Mayor of the City of Carlsbad is hereby authorized and
directed to execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad, California, held on the 6th day of July ,
1976, by the following vote, to wit:
AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and
NOES: None
ABSENT: None
Councilwoman Casler
ATTEST:
, Citj Clerk
(seal)
LOCATION MAP
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