HomeMy WebLinkAbout1980-12-16; City Council; 6451; GRANT OF EASEMENT - ENCINA SEWAGE TREATMENT PLANTI
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* CITY OF CARLSBAD I)
AGENDA BILL NO. k %5l
DATE : December 16, 1980 C. Atty !it’>
D E P ART M E M T :
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Eng i nee r i ng C. Mgr.(i ,?i
SUBJECT: GRANT OF EASEMEbIT - EFlClNA SEWAGE TREATMENT PLANT
STATEMENT OF THE MATTER
The property which the Encina Sewage Treatment Plant occupies is jointly owned
by the six Encina member agencies. However, the actual title to the land is
carried in the name of the City of Carlsbad. Therefore, from time to time the
City is asked to grant an easement on behalf of the Joint Powers. SDG and E i
relocating overhead power lines to accommodate the new construction and is
requesting a grant of easement.
Project Manager recommend that the City grant the easement.
Both the Encina General Manager and the
FISCAL IMPACT
None
EXH I B I TS
Easement Agreement
RECOMMENDATION
That the City Council authorize the Mayor to sign the easement on behalf of t
City
Council Action:
12-16-80 Council authorized the Mayor to sign the easement on behalf of the City.
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3019 VLlCll L\CLULUtZU l\C' ULLl Lu; City Clerk, Cim Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
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GRANT OF EASEMENT
THE CITY OF CARLSBAD, a municipal corporation, herein
called "Grantor", for valuable consideration, grants to SA
DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter c
''Grantee", an easement and right of way for construction a
maintenance of underground utilities, through, over and ac
Grantor's land situated in the City of Carlsbad, County of
Diego, State of California, described as follows:
That portion of Lot "H" of Rancho Agua Hedionda, acco
to Map thereof No. 823, filed in the office of the County Recorder of said County of San Diego, described in final o
of condemnation recorded March 20, 1969 at Recorder's File
Page No. 49293 of Official Records of said County of San D
Grantee, its successors, assigns, agents or contract0
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 sa
Grantor's property.
Grantee covenants for itself, its successors, assigns
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Grantor reserves unto itself, its successors and assi
the right to use the subsurface, surface and airspace ther
of the hereinbefore described easement and riqht of way, f
installation of such facilities as it shall now or in the
deem necessary, provided, however, that such reserved use
shall not be exercised by Grantor, its successors or assig
such a manner as to be incompatible with Grantee's install ,.ta
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Grantee shall at all times indemnify and save harmles!
Grantor against and pay in full any and all loss, damage o
expense that Grantor may sustain, incur or become liable fc
resulting in any manner from the construction, maintenance,
state of repair or presence of Grantee's facilities instal: I hereunder and all necessary and proper fixtures and equipmt
for use in connection therewith, including any such loss, (
or expense arising out of the (a) loss of or damage to pro]
and (b) injury to or death or persons, including the defen:
any action arising therefrom, excepting any loss, damage 01
expense and claims for loss, damage or expense resulting ir
manner from the negligent act or acts of Grantor, its conti
~ officers , agents or employees.
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Grantee covenants for itself, its successors and assic
that should Grantee discontinue use of this easement for tl-
purposes set forth herein, then all rights granted in this
ment shall terminate and Grantee, upon receipt of written I
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shall execute and deliver to Grantor a good and sufficient
Quitclaim Deed to all rights herein granted. ~
Grantor, its successors and assigns shall not be requi
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to bear any portion of the cost of construction, maintenanc
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Grantee's facilities installed within the easement herein 0
The terms, covenants and conditions of this easement a
1 right of way shall be binding upon and inure to the benefit i Grantor, its successors and assigns, and Grantee, or in any
or altered form it may assume.
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ss - STATE OF CALIFORNIA)
I COUNTY OF SAN DIEGO)
On December 17th, 1980 before me the undersigned Notary Public Dersonally appeared Ronald C. Packard and Aletha L. Rautenkranz, known to me to be the Mayor and City Clerk, respectively, and known to me to the persons who executed
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