The URL can be used to link to this page

Home My WebLink About1984-11-06; City Council; 7949; GRANTING EASEMENT TO PACIFIC BELLt GRANTING EASEMENT TO PACIFIC BELL If Council concurs, determine what amount, if any, to be charged for t easement and adopt Resolution No. 7809 granting easement to Pacific Bell ITEM EXPLANATION: Pacific Bell has requested a 15 foot by 18 foot easement in the City owr open space area east of Lagoon Lane south of Daisy Avenue. They need t easement to build an equipment enclosure to house the equipment necessi to serve the new development being constructed in the general area. The equipment enclosure will be built into the existing slope and will n pose a sight distance problem at the intersection. The request has been reviewed by the Parks and Recreation Department. Th have no objections subject to the conditions stated in their memo of Ju 19, 1984. It is recommended that the easement also be conditioned require all service to the enclosure to be undergrounded. The only unresolved issue is that of payment for the easement. Pacif Bell obviously hopes to get the easement at no cost. They are prepared pay up to $3,000 for the easement. The issue is a policy one and it is to Council to determine if and what charges should be made to a pub1 utility for the easement. FISCAL IMPACT: Granting the easement will have no fiscal impact other than staff time processing the request. Charging for the easement can result in up to $3,000 income to the City. Q w ENVIRONMENTAL IMPACT: > 0 -. CE CUP-259 granted by the Planning Commission on October 24, 1984, p a. €L -< Resolution No. 2375. EXHIBITS: 1. Resolution No. 2’rOq -I_ 3. Pacific Bell letter of June 27, 1984 5. Parks and Recreation Department memo of July 19, 1984 .. z 9 2. Location Map rJ a $ 4. Grant Deed with sketch z 3 0 6. Planning staff report of October 24, 1984 0 8 i k ? .. .L 2 3 4 5 6 7 8 9 10 11 12 13 14 < 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 . B w RESOLUTION NO. 7809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD GRANTING A UTILITY EASEMENT TO PACIFIC BELL AND AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY WHEREAS, Pacific Bell has requested a 15 foot by 18 foi easement near the south east corner of Lagoon Lane and Daisy Avenue; and WHEREAS, the requested location is in an open space ar outside of existing street right-of-way; NOW, THEREFORE, BE IT RESOLVED that the City Council o City of Carlsbad grants the requested easement subject to th following conditions and authorizes the Mayor to execute the easement on behalf of the City: 1. All utility service to the site shall be undergrou 2. The utility enclosure proposed for the site shall built into the slope outside of existing City street right-( way. I 3. A landscape plan using drought tolerant material l fencing plan shall be submitted for review and approval by i Parks and Recreation Director. i i 4. Pacific Bell shall be responsible for all mainten the building and property within the easement. 5. Pacific Bell shall repair or replace any irrigati lines damaged as a result of construction within the easeme 6. Pacific Bell shall secure a Conditional Use Permi the City prior to any construction. 7. Pacific Bell shall secure a building permit for i b I'I ., 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 t e m T structures constructed within the easement. 8. Pacific Bell shall pay the sum of $ 3,000,oo to th City for the granting of the easement. PASSED, APPROVED AND ADOPTED by the City Council of the day of N~wmber of Carlsbad at a regular meeting held the 6th 1984, by the following vote, to wit: AY E S : NOES: None ABSENT: None Council Wnbers Casler, Lewis, Kulchin and Chick dAL ABSTAIN: Council l4emk.r Prescott tR, Mayor ATTEST: ALtTHA L. RAUTt ANL, CltYperk (SEAL) (&!&!&B* i 20 21 22 23 24 25 26 27 28 I 1 I 0 PAci F i c 1:; BE LL .. 1838 qors'zn CCN San Ciego Ca;;ioinia 32::l i ,. \ - EXHIBIT 3 June 27, 1984 RECEIVE ;L;k' q q \-' Ron Beckman, City Engineer City of Carlsbad 1200 Elm . . ;.-. ir i384 ClTY OF Ck%i~;~3 Carlsbad, CA 92008 ENGlNEERlNC DEPARTM Dear Mr. Beckman: ' Pacific Bell is completing plans to provide telephone service to several tracts now under construction in the Poinsettia area. Our plans include the placement of an electronic equipment enclosure, also known as a mini-hut. The location where we would like to place this hut is at Daisy Avenue and Batiquitos Drive, Assessors Parcel No. 214-366-26 owned by the City of Carlsbad. The selection of this location was guided by the need for a low visibility site and access that would not impede the residential traffic pattern. We are requesting from the City of Carlsbad an exclusive easement of 15' x 18' to place our 9' x 12' mini-hut. This facility has the ability to provide the lastest in digital technology. In addition This hut is a pre-fabricated, low maintenance, cement structure which is on a concrete slab. There is no detectable sound emmited by the electronic equipment. The enclosure will be placed partially in the bank to eliminate any possibility of obstructing the view when turning left or right from Daisy Avenue. The back wall will be designed as a retaining wall and the facade will blend in with the existing homes. We would re- landscape the area around our hut upon completion of construction. The structure will be designed and built by Associated Concrete who is bonded in California. permit. Actual period of construction will be 10-14 days. The necessity of future city street excavations in this area will be minimized by the placement of this structure. The requirements of reinforcement of existing copper will be reduced thereby allowing us to meet time conrm;tments for service within the new subdivisions. the hut will allow for the provisioning of future fiber-optic cable. They will be applying for the building L I l a -2- 0 I. * \ - I am enclosing an artist rendering of the proposed structure, the Assessor’s Parcel Map with the approximate location marked, picture of the site, survey and the easement document. I would appreciate your prompt and serious consideration of our project . If you have any questions or if I can be of further help, I can be reached on 268-6279. Thank you for your consideration in this matter. Sincerely, , -i \ ;i :-c\ , 7 (5 &, k Dorothy Lowe Right of Way Agent /maa Enclosures * - RLCO.RDIHG REQUESTED L TITY OF CARLSBAD 1200 ELM AVENUE CAFkSBAD, CA 92008 ' AND WHEN RECORDED MAIL TO 1 City of Carlsbad 1200 Elm Avenue r Won 9rm MU* Carlsbad, CA 92008 1 1 z2: L r WI1 1AX SlATUIM 10 City of Carlsbad Carlsbad, CA 92008 Nom Mdms ClW & SW 1200 Elm Avenue stok L J e SPACE ABOVE THIS LINE FOR RECORDER'S Ui , THIS FORM FURNISHED BY TICOR TITLE INSURERS TO 1921 CA (2-83) umentary transfer tax is S if an hereby GRA a corporation organized under the laws of the State of CALIFORNIA PACIFIC BELL, A CALIFORNIA CORPORATION, AN EASEMENT FOR COMMUNICATION FACILITIES, OVER, UNDER AND ACROSS the following described real property in the County of SAN DIEGO , State of California: CITY OF CARLSBAD See EXHIBIT *'A*' attached hereto and made a part hereof. Said easement shall also include the right to use, operate, inspect, repair, replace and remove facilities, or any of them, together with an exclusive right-of-way and easement, including ins and egress thereto. Said communication facilities shall consist of the following: L * 0 *. . < EXH I E I T It A" Said real property is in the City of Carlsbad, County of San Diego, S of California, and is described as follows: Lot 69 of Carlsbad Tract No. 73-39 Unit No. 1 subdivision as : lot is shown on map of said subdivision filed for record as No. 8404 on the 5th day of November, 1976, in the Office of County Recorder of San Diego County. The above described easement shall be located on the following protion: said property! Beginning at the Northeast corner of Lot 69, said point beii point on a curve, a radial line thrugh said point bears N 10'26'08" East, concave Southerly having a radius of 970.00 fc thence Westerly 168.69 feet along said curve thrugh a cenl angle of 09'57'51"; thence North 89'31'43'' West, 12.14 feet to beginning of a curve concave Southeasterly having a radius 25.00 feet; thence Westerly and Southerly 39.27 feet along : curve through a central angle of 90'00f00'~; thence South 00'28 West, 36.34 feet along the West line of said Lot 69 to the . POINT OF BEGINNING: thence South 89'31'43" East 15.00 feet; tht South 00'28'17" West, 18.00 feet; thence North 89'31'43" Wf 15.00 feet; thence North 00'28'17f' East, 18.00 feet to the - POINT OF BEGINNING. Grantee shall be responsible for damage caused intentionally or by negligent act or omission of Grantee, its agents or employees WP exercising the rights granted herein. This easement is granted subject to the following conditions: 1. 2. The utility enclosure proposed for the site shall be built 1 the slope outside of existing City street right-of-way. 3, A landscape plan using drought tolerant material and a fenc plan shall be submitted for review and approval by the Parks and Recreat Director. building and property within the easement. as a result of construction within the easement. prior to any construction. constructed within the easement. granting of the easement. All utility service to the site shall be undergrounded. 4. Pacific Bell shall be responsible for all maintenance of 5. Pacific Bell shall repair or replace any irrigation lines dama 6. Pacific Bell shall secure a Conditional Use Permit from the C 7. Pacific Bell shall secure a building permit for any structL 8. Pacific Bell shall pay the sum of $ 3,000.00 to the City for See EXHIBIT "8" attached hereto for convenience sake. CMLCKclD OV DATE mt+Gii 6 SCAU * .- - __- --. .-. - - --- -..-- _-... - -0 - fl __.. I_ _-- .- = s*suwh) k-- q z4 nits -. FA * 5u-g~ IMPn. fW ,f w/ z! ricr - N8q03f 43W -* 1 4=, DdlSY 4vEJ V' -V P- .-- - ~- IC: -e 0 -3 +-- ~- _-_ w 3 -- _- 6 ..^__ G '-3 F' e= 25-00 8 2- G 'a 4 I-! I ~ t=374;f7' - - - _-- - a Tal+ 3. - It!. -~ - -~ - ~- -$ -~ --. s" z.= 9 a. OI rn 0 \ '-;i 8 0 ~~ _-- F'. 9 m-4 & G3Q' g b& -4 e E ,_ "4 Lf a -- 4 -- - -- w Vk Q I & 30.0: ,.b18?a 31)43" W -hl 81 #2 F f \w9 e Imp Rpe - l-3 3'9 42' &Z' ~ -- -- ----- 32.00' - 4 - .- ': \ 3QodI -- .__ ,-_ I -.u MkLrrImbm I I e 0 EXHIBIT 5 .. W%. ~ I< ~ ?--' --< - - - JULY 19, 1984 TO : CITY ENGINEER VIA: Parks and Recreation Director FROM: Parks Superintendent :u&;j v E z PAC1 FIC BELL EQUIPMENT ENCLOSURE EASEMENT The Parks and Recreation staff has reviewed the request by Pacific Bell to locate a structure on City Park property. easement and building, the following conditions are requested: 1. 2. If approval is given for this Set building back from sidewa'ik and street. Submit a landscape plan for the area around the building (using drought tolerant plant material ). 3. Assume all maintenance responsibilities of the building and property. y irrigation lines which are damaged as a result of DD:mb Y L. Ad, rJup w I STAFF REPORT 4 @ DATE : October 24, 1984 TO : Planning Commission FROM: Land Use Planning Office SUBJECT: CUP-259 - PACIFIC BELL - Request for approval to construct an electronic equipment enclosure to house electronic telephone equipment on property generally located on Lagoon Lane just south of Daisy Avenue. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2375 APPROVING CUP-259 based on the findings andubject to the conditions contained therein. 11. PROJECT DESCRIPTION The applicant is proposing to construct an electronic equipment enclosure on property located as described above. The project will be constructed upon City owned land. The properties to the north and east are occupied by existing single-family dwellings. The properties to the south and west are vacant and the subject property is also vacant. The lot slopes steeply from east to west than levels off near the street. ANALYSIS Can the proposed project meet the necessary findings for a conditional use permit? Specifically: a) That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the site for the intended use is adequate in size and shape to accommodate the use. c) That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. d) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. I I a 0 , is cuss ion The applicant is proposing to construct an electronic equipment enclosure on city owned property. The applicant has stated that the reason for the proposed enclosure is to house the electronic telephone equipment to provide telephone service to new housing in the surrounding area. One of the goals of the Public Facilities Element of the General plan is to ensure that all necessary public facilities will be available concurrent with need. Staff, therefore, believes that the proposed use is desirable and essentially in harmony with the various elements and objectives of the General Plan, The subject property is located in an area designated for R-1 uses. The project is located on a 1.3 acre City Open Space are; and will be situated toward the bottom of the slope. The building is small and will be partially hidden by the surroundir eucalyptus trees. It will be located at least 100 feet from thc nearest residence and will be architecturally treated to be visually similar to surrounding developments. The building consists of white stucco siding and a dark brown shingle roof which is compatible with the adjacent single-family subdivision, Staff can find no detrimental impacts to neighboring residential uses . Finally, staff anticipates that the proposed use will have no significant impacts on the street system serving the property, specifically, Lagoon Lane is adequate to accommodate any traffi (telephone service trucks) generated by the use. Overall, staff believes that the proposed use is necessary, consistent with the General Plan and not detrimental to existin uses or to uses specifically permitted in the zone. Staff further believes that the site is adequate to accommodate the u and that the street system serving the site is adequate to accommodate the use. Therefore, staff recommends approval of Conditional Use Permit 259. City Council approval will be required to permit the structure to be located on City property. The Engineering Department wil schedule a request to Council if this conditional use permit is approved. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, issued a Negative Declaration on October 13, 1984. -2- I r ,L 0 0 ? , Attachments 1. Planning Commission Resolution No. 2375 2, Location Map 3. Background Data Sheet 4. Disclosure Form 5. Environmental Document 6. Exhibit "A" dated September 17, 1984 EVR? ad 10/12/84 -3- 'B 2 3 \ 4 5 6 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e a ? PLANNING COMMISSION RESOLUTION NO. 2375 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF AN ELECTRONIC EQUIPMENT ENCLOSURE ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF DAISY AVENUE AND LAGOON LANE. APPLICANT: PACIFIC BELL CASE NO: CUP-259 WHEREAS, a verified application has been filed witt City of Carlsbad and referred to the Planning Commission; ar WHEREAS, said verified application constitutes a re as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municip? the Planning Commission did, on the 24th day of October, 19Z a duly noticed public hearing to consider said application ( property described as: Lot 69 of Carlsbad Tract No. 37-39 Unit No. 1 recoi Map 8404 on November 5, 1976, WHEREAS, at said hearing, upon hearing and considei testimony and arguments, if any, of all persons desiring to heard, said Commission considered all factors relating to C1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann. I I Commission of the City of Carlsbad as follows: I (A) That the foregoing recitations are true and correct. (€3) That based on the evidence presented at the public hear Commission APPROVES CUP-259, based on the following fin( and subject to the following conditions: I //// //// //// //// //// 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w W b Findings 1 1- That the requested use is necessary or desirable for the development of the community, is essentially in harmony b the various elements and objktives of the general plan, a not detrimental to &sting uses or to uses specifically permitted in the zone in which the proposed use is to be located, as discussed in the staff report. 2) That the site for the intended use is adequate in size at: shape to accommodate the use, as discussed in the staff report. 3) That all of the yards, setbacks, walls, fences, landscapi and other features necessary to adjust the requested use existing or permitted future uses in the neighborhood wil provided and maintained, as discussed in the staff report 4) That the street system serving the proposed use is adeque properly handle all traffic generated by the proposed USE discussed in the staff report. 5) This profit will not cause any significant environmental impacts and a Negative Declaration has been issued by thc Use Planning Manager on September 26, 1984 and approved k Planning Commission on October 24, 1984. 6) The project is consistent with all City public facility policies and ordinances since the applicant has provided necessary public facilities for the project. Cond it ions 1) Approval is granted for CUP-259, as shown on Exhibit "A' dated September 17, 1984, incorporated by reference and substantially as shown unless otherwise noted in these conditions. file in the Land Use Planning Office. Development shall I 2) Approval of this request shall not excuse compliance wit sections of the Zoning Ordinance and all other applicabl ordinances in effect at time of building permit issuancc 3) This approval shall become null and void if building pel are not issued for this project within one year from thf of project approval. 4) The applicant shall prepare a detailed landscape and iri tion plan which shall be submitted to and approved by tl Use Planning Manager prior to the issuance of building permits. I ///I PC RES0 NO. 2375 -2- 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 * =8 19 20 21 22 23 24 25 26 27 28 > 0 0 5) All landscaped areas shall be maintained in a healthy a thriving condition, free from weeds, trash, and debris. 6) The building shall be constructed as shown in Exhibit 'I the satisfaction of the Land Use Planning Manager. 7) This approval shall be valid only if the City Council approves the conveyance of an adequate property interes the applicant. Engineering Conditions 8) The applicant shall obtain a, "permit for work on City of-way", prior to starting any work within city control right-of-way for this project. PASSED, APPROVED AND ADOPTED at a regular meeting c Planning Commission of the City of Carlsbad, California, he1 the 24th day of October, 1984, by the following vote, to wit AYES: NOES : ABSENT: ABSTAIN :: JERRY ROMBOTIS, Chairman I CARLSBAD PLANNING COMMISSI( ATTEST: 1 MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER PC RES0 NO. 2375 -3- ? 0 0 i BACKGROUND DATA SHEET CASE No: CUP-259 APPLICANT: Pacific Bell REQUEST ATVD mI@i; Construction of an electronic equipment enclosure to house electronic telephone equipnent near the southeast corner of Daisy Ave & Lagoon Lane LEGAL, DESCRIPTION: Iot 69 of Carlsbad Tract No. 73-39, Unit No. 1 recorded as Map No. 8404 on Nov&r 5, 1976 APN: 214-366-26 Acres .006 proposed No. of Lots/Units 1 GENERAL PLAN AND ZONING Land Use Designation RTM Density Allowed 0-4 Density Proposed N/A Existing Zone R-1 Prcqpsed Zone N/A Surroundirq Zoning and Land Use: Zoning Land Use Site R-1 Vacant North R-1 SFR South R-1 Vacant East R-1 SFR West P-C Vacant PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated Waived ENVIRONMENTAL IMPACT ASSESSMENT -- Negative Declaration, issued E. I .R. Certified, dated - - Other , -m -.-I ~=a=, Lwcnp -cLI&wL&~--~~ - "X--"-* z-- --- -- -- v ?kc 4L I3 ECL '4 * APPLICANT: ~~e (gdividual, partnership, joint venture, corqration, syna: 7337 Trdp. S+. %1b. 5MiSIt&D .a 9 ard Business Address (G\4) 5% -389 ^I AGENT : LYNM SILd A Telephone N& Nam. 7337 -(& 54, %m 5410, &w 3;t~1\ ,* [blq) 59b-3897 - Business Address Telephone Numbar MEMBEXS: Nata *(individual, partner. joint Xome mress venture, coqozation, syndication) B-Jsiness Address Telephone Xuiuber Telephone Nder ::=;re Borne Address 3isiness Wdress r3' ~c~e$ims Nhar Te1ep:hne z'iusrber (Attach more sheets if necessary) I/We doclr+n uzdez gemlty of perjury that th infomation contained in this closure is tnn and correct and that it will remain true and correct and nay relied upon as being true and correct until aaended. BY I * 0 { 1200 ELM AVENl SERVl CES CARLSBAD, CALIFORNIA DEVELOPMENTAL LAND USE PLANNING OFFICE (619) 438-5591 Citp of Carl~rbsb NEGATrvE DECLARATION PFUXECT ADDRESS/UXA!FION: and Lagoon Lane. Near the southeast axner of Daisy Avenue DECT DESCRIPTION: The cxxlstruction of an electronic equipment enclosure to house electronic telephone equipment. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Ouality Act am3 the Enviromental Protection Ordinance of the City of Carlsbad. review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. As a result of said Justification for this action is on file in the Land Use Planning Office. A copy of the Negative Declaration with supportive documents is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. CQmrents fran the public are invited. Please subnit comments in writing to the Land Use Planning Office within ten ( 10) days of date of issuance. IlATED: October 4, 1984 CASE ND: CUP-259 Land Use Planning Manager APPLICANT: Pacific Bell PUBLISH mTE: October 13, 1984 MICHAEL J. fXU?, -4 5/8 1 - 6 e I8 1 . 4 1230 ELM AVENUE CARLSBAD, CA 92008-1989 TE 16 1 Office of the City Engineer aitp of darl$fiab November 14, 1984 Dorothy Lowe Right-of-way Agent Pacific Bell 7337 Trade Street Room 5410 San Diego, CA 92121 Dear Dorothy: The easement for the communications facilities over Lot 69 of CT 73-39 was approved by the City Council on November 6, 1984. The necessary signatures have been obtained for the Grant Deed, and I am holding the Grant Deed until we receive a check from Pacific Bell in the amount of $3,000 for the granting of this easement. Upon receipt of your check, the signed Grant Deed will be mailed to you for recording. Very truly yours, :'i 2 \Lb- ( L\k:LLL-/ RONALD A. BECKMAN City Engineer RAB: cle p2lerkA> / 0 *R-lru By 1 a 'CITY OF CARLSSAD I -t 1200 ELM AVENUE I CARLSBAD, CA 92008 AND WHEN FLECORDED MAlL TO r 1 Nom City of Carlsbad Address Carlsbad, CA 92008 1200 Elm Avenue Street s2: L -I SEI .* ;F"S cc 6838 YLZ3 ?@ -7 ;,*{ .i 1 !$',a / CC!I:;T -- - I= 7 \--I __ -- I - e .** 6839 0 214-336-26 b EXH I B I T "A" P Said real property is in the City of Carlsbad, County of San Diego, St of California, and is described as follows: Lot 69 of Carlsbad Tract No. 73-39 Unit No. 1 subdivision as s lot is shown on map of said subdivision filed for record as No. 8404 on the 5th day of November, 1976, in the Office of County Recorder of San Diego County. The above described easement shall be located on the following protions said property: Beginning at the Northeast corner of Lot 69, said point bein point on a curve, a radial line thrugh said point bears No 10'26'08" East, concave Southerly having a radius of 970.00 fel thence Westerly 168.69 feet along said curve thrugh a cent angle of 09*57'51"; thence North 89"31'43" West, 12.14 feet to beginning of a curve concave Southeasterly having a radius 25.00 feet; thence Westerly and Southerly 39.27 feet along s( curve through a central angle of 90'00'00"; thence South 00'28' West, 36.34 feet along the West line of said Lot 69 to the T POINT OF BEGINNINGj thence South 89'31'43" East 15.00 feet; the1 South 00'28'17" West, 18.00 feet; thence North 89'31'43" We# 15.00 feet; thence North 00'28'17" East, 18.00 feet to the TI POINT OF BEGINNING. Grantee shall be responsible for damage caused intentionally or by i negligent act or omission of Grantee, its agents or employees wh. exercising the rights granted herein. This easement is granted subject to the following conditions: 1. All utility service to the site shall be undergrounded. 2, The utility enclosure proposed for the site shall he built ii the slope outside of existing City street right-of-way. 3. A landscape plan using drought tolerant material and a fenc- plan shall be submitted for review and approval by the Parks and Recreati Director. 4. Pacific Bell shall be responsible for all maintenance of t building and property within the easement. 5. Pacific Bell shall repair or replace any irrigation lines damac as a result of construction within the easement. 6. Pacific Bell shall secure a Conditional Use Permit from the Cj prior to any construction. 7. Pacific Bell shall secure a building permit for any structuI constructed within the easement. 8. Pacific Bell shall pay the sum of $ 3,000.00 to the City for t granting of the easement. See EXHIBIT rlB'l attached hereto for convenience sake. , LIY-JJU-LJ - JOI p 5jr54 I a % $. I L 4. '3 J. P. &,-A-Ans . s .. 4 8 4 0 snw N0.L OF I ** I MDkgo (714)s- CALCULATE0 BY DATE 6-13-2 t ~ cnEcKED BY DATE %&Fit7 6 SCALE * -- .-. .^. ~ - ___ .*- .. a -a - rcr ~~ *- -- .- EA sttlsurvty Mow.- - ,J w/ z! liw Nbqo31 43W I \ w/ 2' Tits FA * 5uPuq Anbn. I* +. DAiSY &<;--/ *V @- *-- -- - .~- w 4-- _.^._ -- - "- - T6Iq-r _-- .*- -- -- -- -1IL( ~kLmmrrM4a i 0 0 , $4 r 1200 ELM'AVENUE TEL CARLSBAD, CA 92008-1989 (61s Office of the City Engineer Citp of Carliibab Received from Pacific Bell $3,000 for an easement for communication facilities over Lot 69 of CT 73-39, 'I\& *-&X- /.,- ?; &-y 2-y 4 -.-b43- RONALD A. BECKMAN DATE City Engineer CITY OF CARLSBAD Received from the City of Carlsbad, a corporation qrant deed granting easement for communication facilities over Lot 69 of Carlsbad Tract 73-39. 9 /,;I2 ,//T- i:? . ;/, PA: .' /Y 1 d/A&d, " b%- CERRONI DATE Representative PAC BELL