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Home My WebLink About1981-06-16; City Council; 6630; EASEMENTS FOR SAN DIEGO GAS AND ELECTRIC AT SWIM COMPLEX AND ENCINA PLANTt LCD :;eb CITY OF CARLSBAD 0 - Initial: Dept. Head - AXNDA BILL NO. lp 6 34) DATE: JUNE 16, 7981 City Atty - ')z DEPARTMENT: City Mgrf' e- EFJG l NEERl PIG - .z SUBJECT: EASEMENTS FOR SAN DIEGO GAS & ELECTRIC AT SWIM COMPLEX AND ENCINA PLANT STATEMENT OF THE MATTER The San Diego Gas & Electric Company has previously objected to conditions attached easements granted to them by the City. They have, on occasion, refused to accept e, ments containing such conditions. Such was the case for the easement to serve the I cultural arts facility at the high school site. The City Attorney met with the attorney from San Diego Gas & Electric and has workec an acceptable for of easement document. The two easements at hand are to provide underground service to the new swim comple, to the new facilities at the Encina Water Pollution Control Facility. F I SCAL IMPACT Ihe actual dollar fiscal impact is negligible except as the value of the property is affected by the presence of the easement and installation of electrical systems. Tk affect of not granting means that the projects will not be completed or will be del; - - ENV I RONMENTAL I MPACT Granting of easements is exempt from environmental review. RECOMMENDATIONS It is recommended that the easements be granted by authorizing the Mayor to execute the grant easements. EXHIBIT 1. ~- Resolution No. 65x9 authorizing the Mayor to execute easement deeds. q ->vLJp/7[Q hi k r,JbL., I. 1 2 3 4 5 6 7 8 9 . 10 11 12 13 34 15 16 17 19 I€3 20 21 2.< 23 24 25: 26 27 28 - 0 0 RESOLUT I ON NO. 6569 A RESOLUTION OF T’iE CITY COUF!CIL OF THE CITY OF CARLSRAD, CALIFORNIA, APPROVI tdG EASEViENTS WlTkl THE SAN DIEGO GAS E ELECTRIC COIlPkNY A:iD AUTHORIZING THE MAYOR TO EXECUTE THE --- EASEMENTS 014 BEHALF OF THE CITY - WHEREAS, the San Diego Gas E Electric Company (SDGGE) is supplyi and electrical service and facilities to operate the Encinc. Water Poll Control Facility and the Community Swim Cornplex; and WHEREAS, SDG&E has requested under Public Utilities Commission I tions easements for their facilities and agreed to conditions and indc tion clauses as appropriate; NO!d, THEREFORE, BE IT RESOLVED by the City Council of the City ( bad as follows: 1. The above recitations are true and correct. 2. The Easements, attached hereto, marked as Exhibits A and 9, corporated herein by reference, are hereby approved, and the Mayor is ized and directed to execute said Ebsements on behalf of the City. PASSED, APPROVED AND ADOPTED by the City Council of the City of at a regular meeting held the 16th day of J~~ , 1981, by tl ing vote, to wit: AYES : NOES : fbne Council Members Packard, Anew, Casler, Lewis and KG I /-- ,-, I ABS E tJT : I.Jone ,/- ,’ / ,/-;7/ p ///’ *,,$/, P p-1) -6% ,$&LC: -l,. ,-ir 4 r&-& .- ROJdALD C. PACKARD, MAYOR ATTEST: L& - - &/. +7 , \, : I #&/ r?/, $-,--z/ ) AL-THA L. RAUTtNKRk‘JZ, CITY CLERK ’ jl R. S?EV&YS, Dquty City Clerk ”3”.’ (mL) e ,b . Recording Requestzr! '%AN DIEGO GAS 6 ELECTRIC COX'AKL'Y When Recorded Mail to: SDG&E, P. 0. Box 1831 San Diego, CA 92112 ATTN: Office Services, Room 615. '0 > .. T .I "0 " '. Subject to the revic.w and written e??roval of improvement p~.ans by Grar \*!hi& approval shall not be urreasonably withheld, for the adequate protection 0. G'rantee s facilities in accordailce with pert-irient General Orders of the Public 111 Commission of t;he State of Cal.ifornia, Grantor retains the right to construct:, reconstruct a.Rd maintain aboveground structures, including, hilt not 1i.mj.ted to, sidewalks, curbs, gutters, and street surfaces or other surfaces tha~. require esi and grading between ground surface and a maxinu depth of 18 inches within said easement. Grantee, its SUCCeSSOTS 9 assigns 9 agents or contract:ors, shal.1 be resp for any drjrnagc to Grantor's existing facilities occasioned by or arising from th construction, operation or maintenance of Gratee'k faci1.iti.e~ withf.n said Grant: property. .. Grantee covenaits for itself 5 its successors, assjps, agents or CxJnt] that all work in connection- with Che installation of Gxantce s facilities and appurtenances shall be done in a work-man-like manner and 31, accordance with st.: ' engimering practices I . Grantee agrees that in the event said facilities interfere with the 11: repair, or improvement of Grentor's propcrty, Grantee shall. relocate said facil a reasonable location(s) desi.gnat:ed by Grzntor. Said reiocation shsll take pla 90 days aft-er Grantee has rec.eived written notice from Grantor and af-ter Granto -. fully reimbursed Grantee for such cost. of relccation and after Grantor has fum Grantee with easemcint(s) a.cceptabie to Grantee, for facilities in such net<? 3oca Grantor shall ~t all times in.demnify znd s2vc hai:.mless Grantee agains pay in full, all loss, dariiage or expense that Grantee may sust:aj.n, incur 01: bec liable for, resulting in any manner from the constri:cti.on, maintenance, use, st repair or presence of Grantee's facilities and all necessary and proper fist-ui*~ equipment for use in connection therexith, including arty such loss, damage or c arisiiig out of (a) loss of or dmage to property, 2nd (11) injury to or c1cat.h of excepting any loss, damage or expense and clabs for loss, damage or expense rr in any manner from the negligent clct or acts of the Gran'iee, its coxisti-actiors, agents or elnpioyees. Grantee sha,l]. at all. times j.ndemnify and save Isarmless GI-antoi- again: pay in fuil, all loss3 damage or espense that Grantcjr- may sustain, incul: or be, liable for, resulting in any' rnaririgr from th.e constructiori, aaintcnmce,' use, s' repair or presencc of Grantee's fecij-lties and all necessary and proper frixtur equipriient for use in corinectiori therevith, including any such loss, damage 03- arising out of (2; loss of or daqage t-o property, 2nd (b) ji1jui-y to or death o excepting any loss, damage or expense and claims for loss, daniage or expense 1- in any manner frorn the negligent act or acts of the Grantor, its cont:ractors, agents or employees. Grariiec shall have the right, but noz the duty, to t-rim or remo\7e t:3 and roots ::i.xhiii, along or adjacent to .said easement wlicncver Gi-ant:ee decriis it r-lcscs:;niy. Said right shall not relieve Granror of the duty as owner to trim trees, brush arid roots to prevent danger or hazard to property or persons. GAS PIPE CARRIES VOLATILE PIATERIALS ; COSDUITS CARRY 111 GII VOLTAGE KIJ COXDUCTDRS, therefore, Grantor shall not make or allow any excavation or fill made, within the boundaries of the. above dcscribed easement L'ITIIOUT FIRST KO?. GRANTEE BY CL';LLISG 232-4252 or such number as shall then be appl.icable, liSD 0 PERIIISSIOX. In the cvent said eascrixnt is no longer required for service or if easeinelit is riot used by Grcntee for a period of one year, k:hichcvei- is soonex riglits herein granted shall. revert to Grantor, its successors or assigns, aut and without the necessity of re-entry or notice and Grantee shall rcrnovc at j - -2- 81-0291 a. e '0 8' expense all facilities installed by Grantee; provided, howevcr, that: Grantee 103~7 all underground lines and structures in place. Grantee shall furllish Grantor on a gcod and. swffjcient Quitc?aim Deed of all its rights, title and interest in tht described easement. The terms I covenants and conditioils of this casement and rjght-of-way : binding upon and inure to the benefit of any heirs, executors, admi,nistrators, permittees, licensees or agents of Grantor and the successors or assigns of Gran Grantee. , executed thjh instrumen IN WljYEp WHEREOF the Grantor 81 , 19-. I?. 11 17tklaf.f - EXECUTED IR THE PRESENCE OF: - . ' L$! /lj !/p [j:: j:,:.. 0 CITY OF cimsDm a Hun ic i p a 1. Go cpo 3: at ion By---- &.&$$k24 .. .. - /.-<=- . . I . '- i-.' :: .-.. -- ' ; 1 .:.A ! '&:&.: Prawn: Checked : Sketch: 05-7181 Date : 5-21-81 PIOPAC : . Const. #: 58107G5 A. P . # : Ji i. 1 d cbr an/ C i es i e 1 ski 8 7 9 7 0 - 0 L!. , 0 5 ' 2 05 - 1.40 - 2 6 - _, c .. , 2 KT!-;!.?[ if '; -21 !,, ,< ,;: i y(; ,..,, '.,' :"..,, ' 1.7~ ,A r-' 'j: ,,I. :-> I!! L.-dL./.. . .. . -3- 81-0291-. \ 0 I, - .. ,-'\ _I_ e j @'\, ' , _.---_ EX I ST GAS MAIN A\,, / , ?e,, \,/" 305 '., ,, 15 L/, - cy .. _. \\ \ \-- . .R/S &!PI GAS SERVICE ,/' ,. ,'. ,' , &$$LL -' ,' , \ / '.-.,' TR AN SFOXI'ER $ '. - Q ,/-' '! '$\ 'P '. '4 * ': 0 GAS PETER A_---- - ----_. -~ \ ET:-(--z7P l!yILAFr 1; &FA- 'i 7 : - T - .- *\, %-J u-. ii ..~. CI - .....__.__ : .. l.\ + 'i % ~295 ,A .s % 2- - 1 c3 __ ,- ... I. --A. % (0 3 Q8 13.- 8C --/ *c , 9 .- % % ,r- cc' TRACT 2liZ ' NOTE: JOI1IT T?,ENCH - GAS 8 ELEL \ I H UI.1 Lii, I-! 3 s -- ... '. . ~. -. - ' .. 9. - j1AP 1621 c Y ,/'. _,. . 'L .- . -- / _/. ,' ,/ ., . .-\~ _,-- / .-.' /' I- ,, .,- ,.- ,c J \ I, REF : .. / GAS 8 UG ELEC a ?."Ci;. .' .. ~ ' ~ 9):; 87970- 04, 05 P"O?IiiOE ST, S/O BASS';$@j IHOS El335 14 A CTI 0 if 5- 2 -'J*J~' ti'; 581 0745 8.. 8, i. I. r. r-- -- - -----.- -.-.- - -... ~ .___.-.__._---..__--_._.__ __-_ 1' , ,.- .~ -.--- ._-__ ____.______.-_---.__ ~_________ sm niixiio GAS c ELECTRIC SAY IJli GO, CAL IFOIlNlC C I TY OF CARI.SEAD i Ch I1 L S B A D 1. -. . - . . - - - ... _-- -.__-_____-.____ -__---- -.-. - _.______ ,. * e 0 ]b:u li 1 C I P AL C OR? 0 RAT I 074 FCJ FC.1 S'GATE OF California ) COUNTY OF San Diego 1 SE. QN THIS 17th day of June , 1981 c_ , teforc thelae:n, ciuiy coxnissioned arid si.;orn, pel-*son~ilIy _I_ me, the undei:signed, a Notaary Publlc fn ar,d for sacti County and State ~ resldin .$ knov~n to me to be the appeared ROna f d c. Packard lky O&&& Karen R. -Stevens , kncw-i t CJ ne the within Instrumen:, known to me +;a be the persons k;ho exc-cu1.t. .the \jJithiri Instrument f on behall" of the nun3 cipzl c~rpor~tlo~i therein namecis md acknowledged to me that such mun?.cj pal ccr-pol- to be theycity Clerk ror the -bad -__ -I__-- , the municipal corporaticn that executed tlon executed the SZTL WITNESS my har:d ~2 Jrficlal seal. 9%&?% &A & Gl A! Nocar;. "b;'c in 2226 rr,r seid County 2!?d s;; * Ks 7 0 . nt:LuLuiiii; naqueste - .. ,, c - SAN DIEGO GAS & ELECTRI &"' COYPASY When Recorded Mail to: SDGLE, P. 0. Box 1831 San Diego, C.4 92112 ATTN: Office Services, Room 615 SPACE ABOVE FOR RECORDER'S USE- Transfer Tax Nor SAN DIEGO GAS & F.LF,CTKl( \/- / ,r- - f, ----- --2v - EkSEFEhT FOR UiQERGRO-UND E LE C"3.1 C AL City of Carisbad, a municipal corporation, hereinafter called "Grant7( valuable consideration, grant(§) to San Diego Gas & Electric Conipany, a corpori hereinafter called "Grantee" p an UhQERGROUXD ELECTRICAL SYSTEM casement and right-of-way, upon and under Grantor's hereinafter described real pr0pert.y t.o E for, place, lay, construct, operate, use, maintain, repair, replace, reconstruc remove underground facilities consisting of conduits, manholes, handholes and ; boxes with wires and cables placed therein axd aboveground structures consist ir pads, transformers, and other aboveground structures necessary for the operatic and distribution of ELECTRICITY for all purposes for which it may he used, tog< the right of ingress thereto and egress therefrom over such other routes 2s Grl specify, provided said routes zre practical 5 across Grantor's I and situated in County of San Diego, State of California, described as follows: underground facilities 9 equipment and material connected therewith for the i.ra1 That portion of Lot "H9' of Rancho Agua Hedianda, according lo Nap thel-cof filed in the office of the County Recorder of said County of San Diego, d< in final order of condemnation recorded ?larch 20, 1969, at Recorder's File No. 49293 of Official Records of said County of Sa11 Diego. ??le lateral boundaries of said easement and right of way shall be fix November I, 1983 to a distance of three feet measured at right angles from each side of each electric utility facility installed within said above-described pi Grantee nay frcm tim 60 time after said date install within the easement and right-of-way arlditional electric utility facilities. Except as hereinafter stated, Granror shall not erect, place or const permit to be erected, placed or constructed, any building or other struct.ure, 1 tree, dig or drill any well, within the lirni'ts of said easement, vithout the pl written ccixerLt of the Grantee. Grziitor shall not increase or decrease the ground surface elevations the boundaries of tke said easement existing at the date of execution of this instrument, wi:hozt the previous written consent. of the Grantee. Subject to the review and written approval of improvement: plans by Gr which aTproval shall not be unreasonably withheld, for the adequate protection Grantee s facilities in accordance with pertinent General Orders of the Public Commission of tiic State of California, Grantor retains the right to construct, -1- 81-0 EXHIZIT a EESOLUTI 02 0 0 reconstruct and maintain aboveground structures, includjng, but not limited to, sidewalks, curbs, gutters, and street surfaces or other surfaces t.har require c* and grading between ground surface and a maximum depth of 18 inches p;jt.hin said easement r Grantee, its successors, assigns 9 agents or contractors, stla11 be res for any damage to Grantor's existing facilities occasioned by or arising from t construction, operation or maintenance of Grantee's facilities within said Gran property - Grantee covenants for itself, its successors, assi ns, agents ox cont. that all work in connection with the installation of Grantee s facjljtics and appurtenances shall be done in a workman-like manner and in accordance with st.31 engineering practices, Grantee agrees that in the event said Paci liiics interfere wjt-11 the it: repair, or improvement of Grantor's property, Grantee shall relocate said facil a reasonable location(s) designated by Grantor. Said relocation shall take p3a1 90 days after Grantee has received written notice from Grantor and after C 7 ran t.oi fully reimbursed Grantee for such cost of relocation and after Grantor has furnj Grantee with easement(s) acceptable to Grantee, for facjljties in such new locat Grantor shall at all times indemnify 2nd save harmless Grantee against pay in full, all loss, damage or expense that Grantee may sustais~, incur or becc reDair ar presence of Grantee's facilities and all necessary and proper fixture: equipment for use in connection therewith, including any such loss, damage or ex arising out of (2) loss of or damage to property: and (b) injusy to or death of excepting any loss, damage cr expense and claims for loss, damage 01- expense res in any manner from the negligent act or acts of the Grantee, its con~tract.ors, c agents OK employees. 8 liable for, resulting, in my manner from the construction, maintenance, use, st: Grantee sl:-:ell at aPi tines indemnify and save Iiarrnless Grailt.or against pay in full, all loss, damage or expense that Grantor may sustain, incur or becc liable for9 resulting in any rnarmer from the construction, maintenance, use, sta repair or presence of Grantee's facilities and all necessary and proper fixtures equipment for we in connection therewith, including any such loss, damage 01- ex arising out of (a) loss of or Zamge to prcperty, and (b) injury To ox death of excepting any loss, damage OT expense and claims for loss, damage 01- cxpcnse res in any manner from the negligent act or acts of the Grantor, its contractors, of agents or employees. Grantee sha31 have the right, but not the duty, to trim or re~rrove tree. and roots witt..ic, along or adjacent to said easement whenever Grantee deems it trees, bmsh ezd iaGtS tcl prevent cianger or hazard to property or persons. necessary. Said right shall not. relieve Grantor of the duty as owner to trim el- COSD3ITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore, Grantol- not Rake ar ~110s any excavation or fill to be made, within xhe boundaries of th described easement WITtiOCT FIRST X\;OTIFPIX;G GKL\TEE BY CALLIKG 232-4252 or such n shall then be applicable, AKD OBTAINING PERXISSION. In tks e-zent said easement is no longer required for service or if saic easement is not xed by Grantee for a period of one year, vhichever is sooner, a rights herein grnnted shall revert to Grantor, its successors or assigns, automa and without the necessity of re-entry or notice and Grantee shall remove at its ( expense ail facilities installed by Grantee; provided, however, that Grantee may all underground lines and structures in place. Grantee shall furnish Grantor on a good and sufficjmt Quitclsim Eeed of all ics rights, title and interest in thc: described easenent. -2- 81-02L . 0 a The terms 9 covenants and conditions of this easement and right-of -way binding upon and inure to the benefit of any heirs, executors, administrators, permittees, licensees or agents of Grantor and the successors or assigns of Grai Grantee. - +&, //' -- IN WIT?XSS WHEREOF the Grantor executed this inst I-URI~I 17thday of June , a&. EXECUTED IN TKE PRESENCE OF: I c7 i!!G /JfT j b/ CITY OF CkRLSHAn a Municipal Corporztjon >>/&/, I _'-, By 7pdFJ2Lll/ --~ /'<> / \/ ' --- By- Fife2 Brawn: Hildebran/Ciesielski Checked: Sketch: Date: 5/21/81 /,: - 1 .I MOPAC : 83934-03 Const. #: 5759770 A.P. #: 211-330-08 ,.-- I - -3- 81-( --..-.------IC--- - h' 2 G q. '* \/ ' _a,. I___-- &, -- #* e (I, b- + 3 MUNICIPAL CORPORATION POFJ4 STATE OF California 1 COUNTY OF Sari Diego ) 52 e ON THIS 17thday of June I 3 3 -- 81 % tefo2-i: me, the undersigned, a Notary Public in-a;.,d for sa?d County anti State, residing therein, duly connissisned and sworn, personal Iy appeared RONALD C. PACKARD -- I. known to rne to Le the 'ayor5?#$9&ty to be Clerk of the f. i t v n fCaxlA,sba.L---- the withln Instrument, known to m $0 be the pei-sons who execut.~< the within Instrument , on behalf Q' the nun3 cipal corporz?tiori therein named, and acknowledged %o me that such munl c;Spa:! ccjr'l',cJ?a tion executed the sme.. KAREN R. STEVENS I 9 krJCl&l-l tG Fie 9 the municiFaT corporatj on that execut,ed WITNESS my ha~d as,? ~fEn:-el sea?* w,7JDy7L LLh&d - Not,ery Fub' ,n and for said County m?", Siat