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HomeMy WebLinkAbout1982-01-19; City Council; 6874; Agreement - City v. Robertson Condemnation\B##- TITLE ATG. 1-19-82 CARLSBAD V. ROBERTSON CONDEMNATION JOINT USE AGREEMENT RE CITY OF 1 EPT. CA PROCEEDINGS RECOMMENDED ACTION: If the City Council desires to approve this agreement, your action is to adopt Resolution No. &7& I) . DEPT. HD. CITY ~mwe CITY MGR.& ITEM EXPLANATION: This agreement will allow joint use of property where high power SDG&E transmission lines cross the Tamarack Avenue Extension east of El Camino Real. The agreement is in lieu of condemning SDG&E's interest. EXHIBIT: Resolution No. 1,769 . FISCAL IMPACT: Not Applicable. 6769 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A JOINT USE AGREEMENT BETWEEN THE SAN DIEGO GAS & ELECTRIC COMPANY AND THE CITY OF CARLSRAD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the Cit'y of Carlsbad, California, does hereby resolve as follows: 1. That the Joint Use Agreement between the San Diego Gas & Electric Company and the City of Carlsbad, allowing joint use of property where high power SDG&E transmission lines cross the Tamarack Avenue Extension east of El Camino Real, a copy of which is attached hereto marked Exhibit A and made a part hereof, 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 19th day of January , 1982 by the following vote, to wit: AYES : Council Merrbers Packard, Casler, Anear, Lewis and Kulchin NOES: Ncme ABSENT: / RONALD C. PACKARD, Mayor ATTEST : Ad ALETHA L. R (ATTEST) h JOINT USE AGREEMENT , THIS AGREEMENT, date a&m-&t/ d/ /qt8& by and t / between SAN DIEGO GAS & ELECTRIC COMPANY,-a corporation ("SDGEtE"), and THE CITY OF CARLSBAD ("Caq.lsbad"), is made with reference to the following facts: A. SDG&E is engaged in the business of transmitting and distributing gas and electricity within the county of San Diego, state of California and has facilities for such purposes located in, upon, over, under and across that certain easement and right- of-way granted to SX&E as described in Exhibit A attached hereto and made a part hereof ( "SDG&Er s Easement" 1 . B. Carlsbad has filed an action in eminent domain to acquire easements and rights-of-way (City of Carlsbad v. Virginia Robertson, 'et al., Case No. 14-15348) and intends to construct, operate and maintain therein.a public street and drainage and sewerage facilities and other public utilities and facilities ("Carlsbad Facilities") along the route shown on Exhibit B attached hereto and made a part hereof ("Designated Route" ) . C. SDG&E has been named as a defendant in the above- entitled lawsuit. D. Lake Calavera Hills Associates has paid,.on behalf of Carlsbad, substantial consideration to SDG&E to compensate SDG&E for costs incurred in raising certain high power transmission lines located in SDG&E's Easement to accommodate the construction of the Carlsbad Facilities; ' 810725 E. It is in the mutual interests of Carlsbad and SDG&E to resolve the eminent domain action by entering into an agreement for the joint use of the property where the SDG&E Easement and the Designated Route intersects, this property is shown on Exhibit C, attached hereto and made a pa-rt hereof. . -. NOW, THEREEORE, it is mutually agre%d: 1. That Carlsbad, its successors in interest and assigns, shall have the right and privilege to construct, operate and . maintain Carlsbad's Facilities in, over, under and across, ST>G&E's Easement by Designated Rout.e, together with the right of ingress thereto and egress therefrom; . 2. Carlsbad shall dismiss SW&E as a defendant in the . eminent domain action mentioned above. .3. If the use or alteration of the Designated Route for Carlsbad's Facilities shall at any time necessitate a rearrangement, relocation or reconstruction of any of SDGCE facilities, and/or the acquisition cf additional easements by SGG&E, Carlsbad shall promptly give notice to SDG&E requesting such rearrangement, 'relocation or reconstruction. Carlsbad agrees to promptly reimburse SDG&E for all costs and expenses incurred by SDG&E in such rearrangement, relocation or reconstruction. However, Carlsbad shall only be responsible to r'eimburse SDG&E if the rearrangement, relocation or reconstruction is required because of the existence or location of Carlsbad's Facilities. \ 4. -If the addition to, use or alteration of SDG&E's .. ., .. 2. facilities in the SDG&E Easement shall at any time necessitate a reconstruction, relocation or rearrangement of Carlsbad's facilities and/or the acquisition of additional rights-of-way or easements by Carlsbad, SDG&E shall proxiptly give notice to Carlsbad of such rearrangement, relocation or reconstruction. SDG&E agrees to promptly reimSurse Carl&ad for all costs and expenses incurred by Carlsbad from such rearrangement, relocation or reconstruction or, at CarlsSad's option, to restore Carlsbad's facilities. 5. Neither SDGIE nor Carlsbad shall perinanently interrupt the use or operation of the otherls facilities and any temporary interference with the use or operation of the other's facilities shall be made only with prior written consent, except for emergency repairs made pursuant to Paragraph 10 below. 6. SDG6E shall be deemed the "party first in place" and its rights and interests shall be prior in time and superior in title to those of Carlsbad. .- 7. Should SDG&E or Carlsbad desire to make additional surface and/or subsurface installations other.than those existing on the date of this agreement or otherwise provided for herein, either party will obtain from the other party written approval of the plans and specifications for such proposed installation, including alignment and locations of all proposed work. forty-five days before commencement of any work. Notices shall be addressed to San Diego Gas & Electric Company, Attention: Engineering Land Department, 101 Ash Street, San Diego, Such plans will be submitted in writing not less than 3. - California, 92101 and City of Carlsbad, City Engineer, 1200 Elm Avenue, Carlsbad, California, 92008. Each party reserves the right to reject any proposed plan which would substantially conflict with its use or be unduly buqden.some. In determining are "unduly burdensome ,'I the party shall :.consider ( 1 ) the relative size and character of its installations already in place, (2) relative hardship, inconvenience, and expense to the party if plans are approved, (3) relative hardship, -. inconvenience and expense to the other party if plan are rejected, and (4) length of time and extent of any service interruption to SDGEiE's customers. Neither party shall unreasonably withhold their consent. 8. This agreement shall be binding upon both parties, and their successors and assigns. 9. Neither party shall be obligztcd to acquire any easements or other interest in real property for the other .. party. 10. In the event of damage caused by an act of God, war, or other casualty, or damage caused'under circumstances where it would be impractical or impossible to notify the other party of the necessity for temporary interference,with the other party's facilities, either party whose facilities are affected may, ' without notice to the other party, enter upon the joint easement area and make emergency repairs to restore service. The restoring party shall, however, take reasonable and prudent action to protect the installations of the other party and minimize the4 interference with the other'party's faiilities. . -b . . ~ ..... __ . ....- .- The restoring party shall promptly not'ify the other party of the emergency repairs. If permanent repairs gre required after the emergency repairs have been made, notice shall be given to the other party pursuant to Paragraph 7 above; consen$ for permanent repairs shall not be withheld without go& cause. 11. Nothing herein contained shall constitute a grant of easement by SDG&E to Carlsbad. Carlsbad shall obtain an easement for Carlsbad's facilities from the fee owner. APPROVED AS TO FORM: ATTEST: .- SAN DIEGO GAS & ELECTRIC COMPANY ddt J. R, ELT, Vice P esiden , CITY OF CARLSBAD City Clerk APPRO~DSG$ FORM: orney . .. y Attorney . 0107!!5 -5. 'n I. I ' ' .' .I . : ~ - ., * .. ~. I ... .. . .' * I b .' . 1 GRANT.OF RIGIIT OF WAY We, ELSIE 11. KELLY and VIRGIBIA ROBEXTSON, as Grantor, for and in * consideration of tho sum of Ten D0113r3 and othcr ,vnluablc consideration paid by Scln Ditsgo Gas & Electric ConFany; a corporation, as Grantee, receipt whereof is hereby ackcob-ledged, do hereby grant to said San Diego Gas & Electric Coxpany, a corporation, its smcessors and assips, an easement of right of way 72.03 feet in width in, upon, over, under and across the lands hereinafter dea-ribe'd, to erect, coil., ,.;.uct a reconstruct, Geplace, repair, maintain nnd use a lice or independent lines of poles and/or steel towers and rfres ar,d/or cables suqended thereon and supported thereby, arid underground conduits cables, vaults and marholes, for the trmsnission and distribution of electricity and for all other pwposes connected therevith, and for tel~plionc, signal end cammication purposes, including guys, anchorage, crossarn3, braces and all other appliances and fixtures for use in connection therewith and also for pipelines for any and all purposes, togother with their necessary fixtures and I appurtenances, at such locatiom and elevations , upon, along, over and under I the herei&ftei described right of way ns Grattee nay now or hereafter deem .. convenient and necessary at any tixe erid from time to time, together with the Eght of ingress thereto end egress therefrom, to and along said right of way by I a practical route or routes in, upon, oi.er end across the hereinafter described lands, together with the right to clear and keep clezr said right of way from explosives, buildings, structures, objects end materials for protectit n fron fire and otlicr hazards. . *- The lands in which ssid casement of ribht of way i3 hereby granted -* are situzted in the County of San Dii>coJ Stcte of California, and are purticulnrly described as follows, to-wit : All that portiop of Lots 1W uiid 1f181 of the Rancho A&s Hediondn, in the County of San Divgo, Ststo of Californin, according to Partitior. 1Lp therecf KO. 0;3, filed in thc office of the County Recorder of Sm Diigo Cq*xnty, Noventber 16, 10961 dcocribcd (13 follows! tho Northerly prolonptior. of thnt portion of thc Easterly lino Bc[:innin;: at Corncr No. 2 of srAd Lot llI1f; thcncc alolll: EXHIBIT- A '1 8 L .. .. ,.' .\ * . '. 2. of s:.id Lot t*I" bcttreen Corner3 Nos. 1 nnd 2 of said lot, North 20 29' 40" vest (Record North 30 Nest) 21.84 feet to an intersection uith the ceztcr line of Cocnty Roiid Survey KO. 6E2 ns th- came is descrjbttd in eancment deed to the Countv of San IX~qy-ciated May 27, 1936, ar.d remrded in Flcok 521, page 230 of Official Becurds of said San Diecy County, ' said point of intersection, being the TRUE POKT OF BEGZhTiIKG of the propartj, hcrei.n deccribcd, mid TiilJR POINT 07 . .' t -. BEGIVNING being also the Sonthrnstcrly corner of that parcel of land described in qcitc1ai.u deed to Iiorace EL Kelly, reccrded January 22, 1951, 3s Documnt No. 9613 in Book -. __ .. . ..*. .. I - 1 '* I . ': .. . .. - I , . Ha. 5524, filed in the o:'fi.cc or' the Coljnty Recorder of said County HI:^ the Eastcrly prolongcltion thereof to the cccter line of szid Road Survey No. GCi2, sk.oun '.s El Cacino Real of asid Ikp No. 5524; t!ience Northcesterly along said center line to a point 011 the Northcrl;, boundary line of said Lot "I", ssid point beitic; South 33" 42' 10" East 1350.07 feet (Record 1357.53 feet) from -the Northwest'corner of sLid Lot "I", known 33 Corner Ira. 12 thereof; thence South 390 .$2* 10" East along the North line of mid Lot3 nI" and "E" to the Southeast corner of Lzt "J" of 3Li.d Rancho Amo Eedionda; thance Southerly in a straight line to the TRUE POIET OF BEGINNING. ' EXCBPTIITG FRCi4 the nbore dcscribea property that portion ttereof included within that portior. of siid Lot "E" that lie3 Southerly 05 the ccriter line of ssid XoLd Survcy No.' 682. ALSO: Excepting from said Lot "E" that portion lying Beginning at the Soutbensterly corner of Lot "J", ssid within Lhe fol1o:ring dercribed lsnd: POIKT OF 3EGIblJItlG being a point OR tke Northerly line of said lire of sLid Lot "E", a distance of 2342.24 feet; t!>cnce leaving said Bortherly line of s&id Lot "E" South 14O 44' 02" Vest 159.68 feet; thence South 210 41' 42" Nest 190.34 feet; thence South 13O 46' 12" Vest '781.82 feet; therce North @lo 22' 33" Pest 3848.48 feet; thciice North 00 37' 27" Enst 1093.81 feet to a point in the ITortherly lire of said Lot "E"; tilewe South Elgo 22' 33" East along said Northerly line of sEid Lot "Ecr, a dirtance of 1791.41 feet to the POINT OF BEGIKNINC. Lot It~ll. , thence South E90 22' 33" East along the Xort!lerly The said easeanent cnd right of my in the aforesaid lands is particularly described as foll0~3: The Southuesterly and Westerly line of said right of way stall be parallel biith and 112.50 feet Southwesterly and Westerly measured at riblit angles and the Northeastei-ly and Easte-rly line of said right of tray shall be parzllel vith and 37.50 feet Bortheasterly and Easterly measured at right angles from the follotring described liner Agua Hcdionda, said Corner No. 17 is also the point of intersection of the comon boundary line of Lots "F" and "H" vith the Southerly bocndary line of szid Lot IrItt; theme from said pint of comcncemnt; Ssuth 87O 25' '01'' East, alor?g the common boundary line of Lots "F" a?d "I", being the Northerly boundary line of the land described in Deed to San Diego Gas & Electric Conyany, a corporation, rceistcred June 16, 1953, as Torrens Documen!Qio, 30674, in thc office of the Registrar of Land Tiitlcs for S:i::. Diedo County, a distance of 1494.69 feet to n point in said common bouiidnry line, which said point is the TSUE POIllT OF BEGINIIINC of the right or way herein dcscribcd; thence from scid TRUE POIN' OF BECINIIIIiG, North 43O 15' 44" Eastl u distance of 777.72 feet; thenco North 210 50' 01" Wcstl q. distance of 2011.29 .feet; thence North OYo 31' 37" West, a di.stznce of 893.16 feet to Q point of intcr:wction with a liilr! t1izt'i:i .pk;mllcl with ar:d '(5.i10 Commencing at Corner Bo. 17 ,of Lot "Itt in said Eancho 1 .. . .. i J I .I -3- I IC ,. I' 1 - .. . ,. . .( . ..-. .L7 - , . . . - . . . . .. -. .. ._ . ___ . - . - - .. . . . . - .-- .- . -- . . 1 .. .. . i- z -. I , ', feet, Easterly, msnsured at right angles, from thc center line of that ccrtcli!l risiit of way i.rnnted tc Sa Diego G:is & Electric Conpny, a corporatiolt, recorded April 22, 1953, as Docunent No. 55470 in Book JO?Q,at pbge 216 of Official Rccords of said Cjunty of San Diego , CJifornin; . thencc frcm mid poitit of, intersection North 1l0 51' 04" East, along said pnrzllcl line, n distance of 1756.42 feet to a point hereinafter knom and dcnibmated as Point "Bl'; thence fmx said Point tlBtt and lrsving said parallel line, North 260 03' 06" West, a distance of 121.86 feet to a point of intersection with the center Tine of that certain right of way granted to San Dif:ga Gas & Electric Corngany, a corporation, recorded June 1, 1953, an Docment No. 74512 in Book 4874 at pnge.143 of Official Records of said County of San Diego, California; thence from last said point of interscction cortinuing North 260 08' 06" Yest, along the center line of lzst said right of way, a distance of 3281.69 feet; thence continuing alcng the center line of last said right of Tray North 060 30' 36" \lest, a distance of 7.27 feet to a poLnt of intersection with the comon boundary line betueen Lot "J" and Lot "I" of said Rnncho Ass Hedionda, distant thsrecn 123.90 feet Westerly from . . Corner No. 11 of said Lot "I". ._ I i I 'I . 1 .. . .' I .' ! .i ALSO: A right of way for the herainbefore described purposes qver and across that ccrtain strip of land 20.00 feet in width, lying 10.03 feet, neasured at right angles, on each side of the following described center line: .- Beginning at the above described l'oint ''B'I; thence Narth 820 51' 29" East, a ciistancc of 90.00 feet. i L. _". The sidc lines of the hereinbefore described right of way, 75.00 feet in width, shall be lengthened and/or shortened so that said side lints shall be continuous and shall-terninate in the boundaries of the above described lands of the Grmtor herein. .* EXCEPTIRG FRCM the hercinbcfore described right of way any portion thereof lying within the boundaries of that certain right of way, 75.00 feet in width, granted to said Snn Ditsgo Gas 6t Electric Company, a corporation, recorded Junc 1 , 1953, as Doccmcnt No. -74512 in Book 4874 at page 143 of s&id Official Rccords of said Couty of San Dilbgo, Cn' i Forni;i. . . ' .; ALSO; Excepting from thc above dcscribcd right of %lay nr.y portion thcrccf not lying within tho nbovc described lands of the Gri-ntor herein. - .. .. ... I *.. -4- 1 1. .. , .* .. -. * .. ., .I 1. . .. .. .- . . -. . . . . -* 1-. . ... .. _-_ . _.- _- A p." ' .. * 4 Grantor and their successoh in estate shall not erect or cuistruct, or perait to be erected or constructcd, any buildin:: or other structure, plant any tree or trzes, or drill any vel1 or wells, vithin the limit3 of sriid right of way. *. ', Grzntee shall have the right to erect, mintain and use gates in all fences which no:r crass or shall hereafter cross said route or routes, and to trio. and cut end clear anay ary trees and brush $henever in its judment the same shall be necessary for the wnvenient and safe exercise of thc rizhtn kcreby grented, the rizht to transfer and assign thL3 easerzent in whole or in part a=i*r hereby grvlted to the Grantee. The Grantor pants to the Grantee, its successors and assigns, the right to trim or top and to keep trimned or topped, any and all trees on the lscdn of the Grzntor adjacent to said rizht of way strip for a distance of . 20.00 feet frcm the exterior lines of the right of vay stri?, to such heights as in the judgment of the Grantee, its successors or assips, shall be reasorebly necessary for the proper constructioc, oneration end maintenance of said electric transmission line or lines, but at no pint outside the right of way strip to a height of less than 30.00 feet. .. Grantor agrees that no other eaoement or easements shall be granted on, under or over said strip of land by Grantor, nithout the previous written consent of Grmtee. .. Grantor and their succeszors or assicns, shall not increase or decrease, or pcrait to bc increased or-decreaced, the existing ground elcvatiorn of the above dcscrlbed right of vay, exicting at the time thin ducunent is executed, without the previous writ,t,en ccnsent of the Groritee. IH WITNESS WIUlEOF, the 'Grantor executed thew prencnto this fl i'?s*day of , &!,, , ; ,19&* I .. , . I. . .. # . .. b .-. .. ... Enecutsd i:i the Presence 0,": 1; STATE OF CALIFORNIA, County of Sari Dicgo. ss ,. ., ON THIS I.9th day of bkq AD., 19&, hcforc me, the undersignrd, a Notary Public in arid for said County and Stole, residing thprein, duly commissiolicd aitd siuorn, personally appeared . Imoiun to me to bc the person ruhose name is subscribed to the witliiii lnstrumcnt, as a Witness thereto, who beirig by me duly sworn, deposes and says that he resides in and that lie iuas present und SQW Elsie 14. KeLly and Vii-r',iniz Robertson -i;noroii to hina 10 be the strnie I)ersuii~rihos~! ntrrrir 3 arc subscribed to the iciithin and nnnexcd Instrument, execute und deliucr Hie same, and . t hev acknorvlcdgcd to said afliant thotthesexecuted the same; and that scid afiant subscribed.his name thereto as a Witness. J3mt.s Gi. ?siF;e Sen Diego, Califcs'nicl IN WITNESS WHEREOF, 1 have hereunto set my hand and afiixed my oficial seal ihe day and year in this crrtifi- cafe first aboce written. ?7?7 :1t n $1,. ,y: , .:. , Notary Pubiic in and ior said County and State .. ACKNOWLEDGMENT WITNESS FORM MARY A WILKINS Lly Cwnmisskn Expiref Oct. 19, 1967 .. , .. 'L . ... -u- I ,- -I . c .. .. . .. ,4 I 4. i I. - .* ' 8. *. I ! ,-' . -. .'. .. . EX\{ IS IT . B .. .I .. I. -. . . I. ... . ., - -. .I 1. 0 *. .- *I. . tf 96.03 FEET; TllEt'IcE S 64O.36 ' 30" W FOR 96 -25 FEET; THENCE .S 77"01'01" I-! 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