HomeMy WebLinkAbout1981-02-17; City Council; 6395-1; GRANT OF EASEMENT CULTURAL ARTS CENTER? 0
CITY OF CARLSBAD
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AGENDA BILL NO. 6375 */
DATE : FEBRUARY 17, 1981 c. Atty VLd
LLV. veu I."
Initial ;
Dept. Head '-
D E PA R TM E N T : ENG I NEER I iiG C. Mgr. 2.
SUBJECT : 5RAYT OF EASEMENT
CULTURAL ARTS CENTER
STATEMENT OF THE MATTER
In November, 1980, the City Council granted a public utilities easement to San Diel
Gas E Electric for the installation of electrical utilities to the school district
for their cultural arts center. San Diego Gas E Electric has refused to acknowledc
or accept the easement although they already have existing facilities in the grounl
San Diego Sa5 & Electric ha5 indicated they will accept the attached replacement
easement and have agreed to quitclaim the prior easement.
F I SCAL I MPACT
Vininal although the value of the overall property is slightly reduced.
EXYISIT
Easement agreement 3
RECOMYENDAT I ON
That the City Council authorize the Mayor to execute the easement on behalf of the
Council Action:
2-17-81 Council removed the item from the agenda.
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GRANT OF EASEMENT
THE CITY OF CARLSBAD, a municipal corporation, hereinafter called
for valuable consideration, grants to SAN DIEGO GAS & ELECTRIC COI-1PAI.IY7
poration, hereinafter called "Grantee", an easement and right-of-way fo
struction and maintenance of underground utilities, through, over and a
Grantor's land situated in the City of Carlsbad, County of San Diego, S
Cal ifornia, described as follows:
That portion of Tracts 248 and 249 of the Map of Thum Lands, accor
Map thereof No. 1681, filed in the Office of the County Recorder of sai
of San Diego, described in a Deed recorded November 23, 1977 at Recorde
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
feet in width, being 5.00 feet measured at right angles on each of the
ing described center1 ines:
Cornrnencing at the most Easterly corner of the land surveyed and sh
Record of Survey Map No. 4414, filed in the Office of the County Record
said County of San Diego; thence along the Southeasterly prolongation o
Northzasterly line thereof South 28'39'00'' East, 867.87 feet to the TRU
OF 3ESINNING of the centerline herein described; thence from said TRUE
BEG -.'i:'.iG South 58'36'37'' \Jest, 152.95 feet to a point herein designate
Po'-: "A"; thence continuing South 58'36'37" West to the Southwesterly
the ?;we described property, being a distance of 20 feet, more or less
4-50: Beginning at said Point "A"; thence South 41"56'09" West, 4
;rantee, its successors, assigns, agents or contractors, shall be
sible for any damage to Grantor's existing facilities occasioned by or
from the construction, operation or maintenance of Grantee's facilities
said Grantor's property.
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Grantee covenants for itself, its successors, assigns, agents or c
ors, that all work in connection with the installation of Grantee's fac 1: and appurtenances shall be done in a workerlike manner and in accordanc
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' standard engineering practices. I Grantor reserves unto itself, its successors and assigns, the righ
1 the subsurface, surface and airspace thereover, or the hereinabove desc I
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e e
rights shall not be exercised by Srantor, its successors or assigns, In
manner as to be incompatible with Grantee's installation.
Grantee shall at all times indemnify and save harmless Grantor aga
pay in full any and all loss, damage or expense that Grantor may sustaii
or become liable for, resulting In any manner from the construction, ma
ance, use, state of repair or presence of Grantee's facilities installe
under and all necessary and proper fixtures and equipment for use in co
therewith, including any such loss, damage or expense arising out of th
of or damage to property, and (b) injury to or death of persons, includ
defense of any action arising therefrom, excepting any loss, damage or I
and claims for loss, damage or expense resulting in any manner from the
gent act or acts of Grantor, its contractors, officers, agents or emplo'
Grantee covenants for itself, its successors and assigns that shou
disc-qrinue use of this easement for the purposes set forth herein, ther
rights granted in this easement shall terminate and Grantee, upq receii
written request, shall execute and deliver to Grantor a good and suffic
Quitciain Deed to all rights herein granted.
Grantor, its successors and assigns shall not be required to bear i
1 tion of the cost of construction, maintenance, alteration, repair, repl:
relocation or removal of Grantee' facilities installed within the easeme I 1 in granted.
The terms, covenants and conditions of this easement and right-of-v
be binding upon and inure to the benefit of Grantor, its cussessors and
and Grantee, or in any other or altered form it may assume.
Grantee agrees to quitclaim a prior easement on the above described i
Idated October 28, 1980 within thirty (30) days.
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day IN WITNESS !*IHEREOF, we have hereunto set our hands this
, 1981.
RONALD C. PACKARD, MAYOR
ATTEST:
ALETHA L. RAUTENKRAidZ, CITY CLERK
(SEAL)
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