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Home My WebLink About1980-10-28; City Council; 6395; Electric Service to School Districtt ( CITY OF CARLSBAD AGENDA BILL NO. (_t DATE: OCTOBER 28, 1930 DEPARTMENT:ENGINEERING LCDrVEB Initial: Dept. Head C. Atty C. Mgr. SUBJECT:ELECTRIC SERVICE TO SCHOOL DISTRICT STATEMENT OF THE HATTER San Diego Gas £ Electric has requested that the City Council grant a revised easement over the pool property in order to supply electrical service to the School District's Cultural Center. We have contacted the School District and they have indicated their concurrence in granting this easement. The granting of this easement does not have any environmental impact. • - FISCAL IMPACT No significant impact. EXHIBIT Corporation Grant Deed (on file in Clerk's Office) Map showing Easement RECOMMENDATION Direct the Mayor to execute the Corporation Grant Deed on behalf of the City. Council Action: 10-28-80 Council authorized execution of the grand deed as set forth above. RECORDING REQUESTED BY q~ * , mu%* C I TY 9F CARLSkAD AND WHEN RECORDED MAIL TO 1 r CITY OF CARLSRAO Name Street Address Cltl & 1200 Elm Avenue Carlsbad, CA 92008 stat. L J --o -+ 1 n. I_ ./ __ 4 tL I 71 3'11 -* SPACE ABOVE THIS LINE FOR RECORDER'S USE - -7.. =! I m a0 -0 DT 3- -0 (D -. mo Q=I -l 0% -I 0 0 z =i 71 r B 5 Ph mo 8 ZK P UP rl 7" =m ix a% ; 5- 3'cJ -0 T rz! 3 z q#J cz g: ;m mrn rz 00 a71 o;I! Fq .< 42 n rn '(n rn n < 0 rn - -4 =ri p i PG E m3> R ! g qpJ ZC CZ < lz 4 a. iT$*F * 1- ?# i -- EXL I S IT ,"AI' That portion of Tracts 248 and 249 of the Map of Thurn Lands, according to Map thereof No. 1681, filed in the office of the County Recorder of said County of San Diego, described in a Deed recorded November 23, 1977 at Recorder's File/Page No. 485335 of Official Records of said County of San Diego. The said easement and right-of-way in the aforesaid land shall be 10.00 feet in width, being 5.SO feet measured at right angles on each side of the following described centerline: Commencing at the most Easterly corner of the land surveyed and shown on Record of Survey MaD No. 4414, filed in the office of the County Recorder of said County of San Diego; thence along the Southeasterly prolongation of the Northeasterly line thereof South 28"39'00" East, 867.87 feet to the TRUE POINT OF BEGINNING of the centerline herein described; thence from said TRUE POINT OF BEGIM- NlNG South 58"36'37" West, 152.95 feet to a point herein designated Point "A"; thence continuing South 58"36'37" \Jest to the Southwest- feet, more or less. erly line of the above described property, being a distance of 20 ALSO: Beginning at said Point "A"; thence South 41"56'09" West, 47.01 feet. I 1) e k @;$L K,yJ '* Q/'( \*a***. ( .-( . (xy \ .ag DfT&/L I pr ;; ;;p\\\ A,- -- %rC;O. .e SSE DFTA/L -- 'h 'I ,/b$yy PTA" ,-G : 2 \*(d&$. t* .. SCALE : p;: . ' 1 44, , :::i ., \-;; .,,.. hi/;. 1 .I ...a. .: ,' L!. .* :2?. :,:A ,-- MOST - E YY .** CLW. OF R. G. 27. A'O. 44 ?4 \'.\ 1. L+ m '/ -9. 0 \. >g-ac/: E/iS.E./W&xi \ - .+ y. _I__Ic I' /y "A \/ ,~~' A [ fii~;~~-~~=~ eg~T4 TRACT 24% / H s4/ "sG'a7"PY- . . ; . . ;*,;; . . . :c, .c : ;-, i'.,,, y-' --* * I* I i, / . 4ZO/' : : : :.,;; r;i i.. P% ! 4 1,.:-..> ! i.. . :.,:, / /-I I ... .., I & ! P. / /Q e. :I,. ;* 2 I, ,..: *$ i-.: I.'' i ';i :.*;, , .,,; <,*. ; / Ay / * [<ffyfl / / TRACT 245 E- UF/,;' dl<- \; \ c5%.SEH&V7- - '.5\ SWWL/ x-- 9 E ------- DE724 23 I/ - A J72 CMAHJT --,...- '4 '' C/7-)/ UF CA/%-S&AD ENGR, DL3' %^ •jr.' 1 2 8 9 10 11 12 13 14 15 16 17 • " Ff£~jS!1KS3?~--ir: "~': ?;-;-ncjr~. :-8=r!'T!«BW:~ When Recorded Return to: City Clerk, City of Carlsbad 11200 Elm Avenue Carlsbad, CA 92008 DOCUMENTARY TRANSFER TAX —Q — _._••• SlGWATUKL GRANT OF EASEMENT ---- DEC T THE CITY OF CARLSBAD, a municipal corporation, hereinafter called "Grantor", for valuable consideration, grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Grantee", an easement and right of way for construction and maintenance of underground utilities, through, over and across Grantor's land situated in the City of Carlsbad, County of San Diego, State of California, described as follows: That portion of Lot "H" of Rancho Agua Hedionda, according to Map thereof No.82-3?,, filed in the office' of- theL County- Recorder of said County;,af~ San Diego, described in final order of condemnation recorded March 20", 1969 at Recorder's File/" Page No. 49293 of Official Records of said County of San Diegov ^Grantee, its successors, assigns-, agents or contxacrtorsr, shall be responsible for any damage to Grantor's existing facilities occasioned by or arising from the construction, operation or maintenance of Grantee..' s? facilities? within- said- 's property. covenants ferr i 19 20 21 22 23 24 25 26 27 28 p_ agents or: contractors^jt&a.tt aJUL woodk ilni : 'installation of Gra-n±ae^'s= f^GJLEivtdJes- and: ocSg^sS '~tX* .._done in workmanlike; isswz&XL and! aim engineering practices*.^ w-itfi; " Grantor reserves^ xirrto- itLself ,, its successors andT assigTis,,,- the right to use the sairrscnrf a-e&^; surface- a-ndl adirsgane: t of the hereinbefore described! easemen.t and; right of way,, fox the installation of such fecdnzitiesr as. it sfta-EIT now-- ciar i:n>. thev deem necessary, provided, however, that such reserved use rights shall not be exercised by Grantor, its successors or assigns, in such a manner as to be incompatible with Grantee's installation. -1- c TL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I? 18 19 20 21 22 23 24 25 26 27 28 Grantee shall at' all times indemnify and save harmless Grantor against and pay in full any and all loss, damage or expense that Grantor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair or presence of Grantee'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, arid~Cb~) injury fxS or "death or-persons^-including-l 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 Grantor, its contractors, officers, agents or employees. Grantee covenants for itself, its successors and, assigns that should Grantee discontinue use of this easement for the purposes set forth herein, then all rights granted *n this ease- ment shall" terminate and .Grantee.,vuponu-receipt^"of-~ shall execute and deliver to Grantor a good and sufficient ^StEEr1: Quitclaim Deed to all rights herein granted. ,.*,:::_. U.;-^^i_ Grantor, its successors and assigns shall not be required:r:--r-.-r: to bear any portion of the cost of construction, maintenance, ^^: alteration, repair, replacement, relocation or removal of Grantee's facilities installed within the easement herein granted. The terms, covenants and conditions of this easement and right of way shall be binding upon and inure to the benefit of Grantor, its successors and assigns, and Grantee, or in any other or altered form it may assume. XXX •2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 IN WITNESS WHEREOF, we have hereunto set our hand this • of Decease*? 19 ATTEST: LETHA L. RAUTENKRANZ City Clerk _ ^^ _ ••-- | ""RONALD C. PACKARD, Mayor (SEAL) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SS' On December 17th, 1980 before me the undersigned Notary Public personally appeared Ronald C. Packard and Aletha L. ^F^===--,l-9-- .21 22 23 24 25 26 27 28 wx acknowledged- r^roarb^h^L^otrths^City Vof :;Ca¥Kba^ ".vcotporatioTi,' "exi ';,/' -.ilTNEBS"- my^:hand;i:and--offi:c±ai. .-\- • ,---.-v :.-, /T- •-/- •-•—-•••---,-—-/.--.----.: •....... _. " " I S£AL- - MURPHY n ^:-j>ot» "Fi/.'-Pc ^j» ' f-nncioc! O<lr£e In SAM..CMEGC -COONTV Mv Commission Exoifes Nov. 4, 1933 fj I OrTIClAL SEAL ANfTA DACK MURPHY Ncrtary Pubfie - Col!*. P-rinclpa! Office In SAN DIE^" >~r.i i-.;-r •. Mv Commlnior. c'oir»« Nov. 4. 1033 -3- 1200 ELM AVENUE JB^^JS^ TELEPHONE? CARLSBAD, CALIFORNIA 92008 H ^jj%r Q (714) 438-5535 €itp of Cartefoab CENTRAL SERVICES DEPARTMENT April 10, 1981 George Tomaiko San Diego Gas & Electric 4940 Carlsbad Boulevard Carlsbad, CA 92008 Re: Right of Way - Underground Electrical Utilities - Cultural Arts Center Enclosed please find the fully executed right of way granted by the City of Carlsbad to SDG&E for the Carls- bad Cultural Arts Center. At the April 7, 1981, meeting the Carlsbad City Council approved subject right of way and authorized the Mayor to execute same. We are returning the document to you for transmittal to the Recorder. After recordation, please furnish this office a recorded copy of the document. Thank you for your assistance in this matter. ALETHA L. RAUTENKRANZ City Clerk ALR:krs Enclosure cc: Larry Dossey LAND DEPARTMENT LETTER OF TRANSMITTAL San Diego Gas & Electric Ftrm TO:. /Zoo MOP ATTENTION:. SUBJECT:. NO. OF COPIES DESCRIPTION THIS TRANSMITTAL IS: D FOR YOUR ACTION ffl^ER YOUR REQUEST D SUBMIT SPECIFIED ITEM D FOR YOUR INFORMATION D FOR YOUR APPROVAL D REVISE AND RESUBMIT D FOR REVIEW & COMMENT D A CONFIRMATION D MAKE CORRECTIONS AS NOTED D APPROVED AS SUBMITTED D APPROVED AS NOTED D REJECTED GENERAL REMARKS ' [^ENCLOSURE IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE. COPIES TO:By:.Rfght of Way Agent PHHNF- NORTH COAST DISTRICT OFFICE 620 MISSION AVENUE P.O. BOX 27 OCEANSIDE 92054 NORTHEAST DISTRICT OFFICE 203 E. 2ND AVENUE P.O. BOX 1027 ESCONDIDO 92025 ORANGE COUNTY DISTRICT OFFICE 101 W. EL PORTAL SAN CLEMENTE 92672 SOUTH BAY DISTRICT OFFICE 436 H STREET P.O. BOX 638 CHULA VISTA 92012 EASTERN DISTRICT OFFICE 104 N. JOHNSON AVENUE P.O. BOX 8 EL CAJON 92022 SAN DIEGO DISTRICT OFFICE 101 ASH STREET P.O. BOX 1831 SAN DIEGO 92112 Original Document In San Diego County Recorder's Offlca SPACE ABOVE FOR RECORDER'S USE 120739 RIGHT OF WAY - UNDERGROUND ELECTRICAL UTILITIES City of Carlsbad, a municipal corporation, hereinafter called "Grantor", for valuable consideration, grant(s) to San Diego Gas & Electric Company, a corporation, hereinafter called "Grantee", an easement and right-of-way through, over, and across lands hereinafter described, to construct, operate, use, maintain, repair, replace, reconstruct or re- move at any time and from time to time underground facilities for the transmission and distribution of ELECTRICITY and aboveground structures necessary for the operation of said underground facilities together with all related miscellaneous equipment and material. Grantor also grants reasonable rights of ingress thereto and egress therefrom to and along said facilities. The land subject to the easement and the easement and rights-of-way are situated in the County of San Diego, State of California, and more particularly described as follows: 81-0203 That portion of Tracts 248 and 249 of the Map of Thum Lands, according to Map thereof No. 1681, filed in the office of the County Recorder of said County of San Diego, described in a Deed recorded November 23, 1977 at Recorder's File/Page No. 485336 of Official Records of said County of San Diego. The said easement and right-of-way in the aforesaid land shall be 10.00 feet in width, being 5.00 feet measured at right angles on each side of the following described center line: Commencing at the most Easterly corner of the land surveyed and shown on Record of Survey Map No. 4414, filed in the Office of the County Recorder of said County of San Diego; thence along the Southeasterly prolongation of the Northeasterly line thereof South 28° 39' 00" East, 867.87 feet to the TRUE POINT OF BEGINNING of the center line herein described; thence from said TRUE POINT OF BEGINNING South 58° 36' 37" West, 152.95 feet to a point herein designated Point "A"; thence con- tinuing South 58° 36' 37" West to the Southwesterly line of the above described property, being a distance of 20 feet, more or less. ALSO: Beginning at said Point "A"; thence South 41° 56' 09" West, 47.01 feet. Grantee, its successors, assigns, agents or contractors, shall be responsible for any damage to Grantor's existing facilities occasioned by or arising from the construction, operation or maintenance of Grantee's facilities within said Grantor's property. Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure, plant any tree, dig or drill any well, within the limits of said easement and right-of-way, unless Grantee has given its prior written approval which approval shall not be unreasonably withheld. Grantor shall not increase or decrease the ground surface elevations within the boundaries of the said easement and right-of-way existing at the date of execution of this -2- instrument without the prior written consent of Grantee, which consent shall not be unreasonably withheld. Grantee shall have the right to trim and cut trees, foliage and roots upon and within said easement and right-of-way whenever in Grantee's judgment the same shall be necessary or proper for the convenient and safe exercise of the rights herein granted. Grantee shall at all times indemnify and save harmless Grantor against and pay in full any and all loss, damage or expense that Grantor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair or presence of Grantee'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 intentional or negligent act or acts of Grantor, its contractors, officers, agents or employees. Grantee covenants for itself, its successors and assigns s that should Grantee discontinue use of this easement for the purposes set forth herein, then all rights granted in this easement shall terminate and Grantee, upon receipt of written request, shall execute and deliver to Grantor a good and sufficient Quitclaim Deed to all rights herein granted. -3- Grantor, its successors and assigns shall not be required to bear any portion of the cost of construction, maintenance, alteration, repair, replacement, relocation or removal of Grantee's facilities installed within the easement herein granted, except, if relocation becomes necessary because of an inconsistent use by Grantor not permitted by this grant or not required for a greater or more general public need, the Grantor shall bear the reasonable costs of relocation. The terms, covenants and conditions of this easement and right-of-way shall be binding upon and inure to the benefit of Grantor and any permittees, licensees, agents, successors or assigns of Grantor and the Grantee, in any other or altered form it may assume, and successors and assigns of Grantee. IN WITNESS WHEREOF, the Grantor KftS executed this instrument this 1 ^ day of f\ (pft / (_ Executed in the Presence of: CITY OF CARLSBAD, a municipal corporation SKETCH NO. DATE ?-/«£ - 8O MOPAC NO. WORK OBDB By: Jll Is^t. & -f y": By: -4- ^&*r*~j San Diego <*s & Electric APPROVED • A.P. 1513 rt_ -19— bOCUMNl COOUDlWrD* TO 1944 CA ( 8 74 ) (Individual) STATE OF CALIFORNIA SAN DIEGO TITL6 INSURANCE AND TRUST ATI COR COMPANY COUNTY OF_ 1981 I SS _ -.before me, the undersigned, a Notary Public in and for said\jii- __„_ _. •_ __ ._ueiUic me, me unucr.Mmieu. a iNcnaiy ruuiic in antstate, personally appeared Ronald_ C ._Packard_, _Mayor; _a_nd_ Aletha L^ Rautenkranz, City CTerk, oF~tEe City of Carlsbad, .known to me subscribedto be the person S whose name. S____ to the within instrument and acknowledged that_ _ttiey_ executed the same. WITNESS my hand and official seal. Signature £ ^r^ OFFICIAL SEAL 5 /CS!\ MARY LOU ARNOLD NOTARY PUBLIC - CALIF FRINCIP 4 OFFICE IN SAN DlLGO COUNTY My Commission Expires June 22, 1982 (This area for official notarial sea!) 1 IW«»f . < »»', T • tl)» : IMIIII I It •>•!' i tt MM* . I) ••»« -"•***••- •~«•-••— PL D i O E D 0 O COMSTR * . i «»•»i t.i»» LNCO L JDAtt SPtC R/S 3V MCST ELY COR R/S 4-+14 FD 3/4 " F iPi RE 919 R TRACT 248 & OF THUf' UVIDS 1-7? ;:0, 1531 TRACT OF THl^' L/WDS NO, 1581 <r,^ r r— \t • •— -f=-pr,Mr= l-x • " •' ELEC FACILITIES :X:ST , v ' ',_,,„ ELDG • < ~ ____!__EX-' '' - -^ " v Z C- ' * x '' . .. -:-.t - -tv^' ANGLE '•••AN 2 O^T POINT 9 ' PAD ^"^ '0.27' - ._ ^^--2' • 9'" -H. K. DETAIL y NO SCALE -^"^ ... .. 11-23-77, '7-435'5.36 ii. 5759320 •>. v 47.01 " 341*56'09" W ' —TRANSFORMER PAD DETAIL SYSTEM IN WHICH ""DISTRICT" GRANTS LICENSE TO \ / SEE DET VKI.nCTMCAL S •""• EXHIBIT "A" UG ELEC 3557 MONROE ST REFi OS 6639 CABLE POLE 121005 . 3-27-80 im 19-BM ! SAN DIEGO GAS A ELECTRIC COMPANY•AN OIEOO CALIfO^NIA CARLSBAD CULTURAL ART CTR, r _ CARLSBAD M«OTirr KAp "«• 8-18-80 §c*u 1 " =100* •umtria rr PAP O« TO MTAU. •!• M BAH *>VD »T •a! llffldllll 1. •> » M*««M kO OS-6893 C,OI»>««'»1 362- 1665 h Mri • T ' Af e i J i