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HomeMy WebLinkAbout1985-07-16; City Council; 8251; Dedication of easements of Orion WayZ Og- O C ' OF CARLSBAD - AQEN \ BILL 7 ARM f «2 >57 MTft 7/16/85 DPPT ENG TITLE; DEDICATION OF EASEMENTS FOR PORTIONS OF ORION WAY, ORION STREET, IMPALA DRIVE, THE UTILITIES/ MATNIFNIAMPF YARD AN1H Pfll TPF/FTRF PiRTVFWAY Tfl SAN DIEGO GAS AND ELECTRIC COMPANY. DEPT. HP. £?T niTY ATTY \jf^ CITY MGR. :%*— RECOMMENDED ACTION: Adopt Resolution No. _ service on portions o Maintenance Center. / d. dedicating an easement for electric and gas Orion Way, Orion Street, Impala Drive, the Utilities/ Yard, and Police/Fire Driveway at the Carlsbad Safety and Service ITEM EXPLANATION: As a condition of approval of the electric and gas service for the Carlsbad Safety and Service Center, we are required to dedicate easements within the project property as outlined in the San Diego Gas and Electric Company plat map, to ensure their accessibility for service and repair. The easement includes the Impala Drive connection to existing SDG&E utility lines. The electric and gas service as installed includes services for Phase 2 of the project. FISCAL IMPACT; Utility connection fees have already been paid in a prior Agenda Bill. ENVIRONMENTAL IMPACT: EIA and CUP have been approved. EXHIBITS; QUJ Occ Q_ Q_ 1. Resolution No.dedicating an easement for electric and gas_ service on portions of Orion Way, Orion Street, Impala Drive, the Utilities/ Maintenance Yard, and Police/Fire Driveway at the Carlsbad Safety and Service Center. 2. Grant Deed. 3. Plat Map and easements to be recorded. OO RESOLUTION NO.8112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DEDICATING EASEMENTS FOR ELECTRIC AND GAS SERVICE AT THE CARLSBAD SAFETY AND SERVICE CENTER. WHEREAS, the City of Carlsbad grants an easement to the San Diego Gas and Electric Company for electric and gas service to the Carlsbad Safety and Ser- vice Center; and, WHEREAS, the City Manager and staff have determined that the aforemen- tioned easement is in the best interest of the City; and WHEREAS, the contracts for said service have been previously processed by the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed to the San Diego Gas and Electric Company, dated July 17 , 1985, conveying easements for electric and gas services to the Carlsbad Safety and Service Center which is on file with the City Clerk and is incorporated herein by reference, be processed forthwith. 3. That the Mayor is authorized to execute the deed and San Diego Gas and Electric is hereby authorized to cause the Grant Deed to be recorded in the Office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 16th day of July , 1985 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT, K™ ^L^ ll. <* MADV U riiKI C ATTEST:MARY H. CASLER, Mayor ALETHA L. RAUTENKRANZ, City Cle/ (SEAL) WRITE IT—DON'T SAY IT INTER DEPARTMENT MEMORANDUM A. M. TO FilS DATE 7-18 19 85 P.M. Re: Dedication of Easements for Portions of Orion Way, Orion St., and IMpala Dr. The original Grant Deed and Easement from the City of Carlsbad to SDG&E were given to Mike Brooks this date for transniittal. K. REPLY ON THIS SHEET FROM WILMEB -SERVICE" UNB STANDARD INTER DEPT. MEMO FORM 11-24-po Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 DOCUMENTARY TRANSFER TAX $. .^ Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax — Firm Nam* GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. The City of Carlsbad, a municipal corporation hereby GRANT(S) to San Diego Gas and Electric, an easement for repair and service access to the Carlsbad Safety and Service Center the real property in the City of Carlsbad County of San Diego , State of California, described as See attached Exhibit "B" for legal description attached hereto and by this reference made a part hereof. All as shown for convenience sake on Exhibit "A" attached hereto and by this reference made a part hereof. Dated July 17 f STATE OF CALIFORNIA COUNTY OF On }ss.Mayor, Cicy of Carlsbad before me, the undersigned; a Notary Public in and for^ald State, per- sonally appeared City Clerk, City of Carlsbad personallyxnown to me (or proved to/me on the basis of satisfactory evidence) to be the person(s) whosfe name(s) is/are subscribed to the i instrument and acknowledged to me that he/she/they executed he same. WITNESS my hand and official seal. Signature.(This area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 1002 (6/82) 3 CORPORATE ACKNOWLEDGMENT NO. 202 State of California County of San Diego OFFICIAL SEAL KAREN R. STEVENS Notary PnmrtOffctto SMMP Ctwrtv teMMbNWSWlHIie On this the JJIth day of July Karen R. Stevens the undersigned Notary Public, personally appeared Mary H. Casler and Aletha L. Rautenkranz. _ j personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as - and City Clerk Qfcon behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 Recording Request by SAN DIEGO GAS & ELECTRIC COMPANY When Recorded Mail to: SDG&E, P.O. Box 1831 San Diego, CA 92112 ATTN: Office Services, Room 611 -SPACE ABOVE FOR RECORDER'S USE- Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT CITY OF CARLSBAD, A MUNICIPAL CORPORATION (Grantor), for valuable consideration, grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: •» 1. Underground facilities and appurtenances for the transmission and distribution of electricity. 2. Pipelines and appurtenances for any and all purposes. 3. Communication facilities, and appurtenances. The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary. Grantee also has the right of ingress and egress, to, from and along this easement in, upon, over and across the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep this easement clear from explosives, buildings, structures and materials. The property in which this easement and right of way is hereby granted is situated in the County of San Diego, State of California, described as follows: That portion of Lot "B" of Rancho Auga Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, described as follows: Commencing at the Northeasterly corner of said County of San Diego land; thence North 89° 54' 00" West, 23.41 feet to the Point 14 of said Lot "B", as shown on said Map 823; thence along the boundary of said County land, South 54° 15' 33" West, 326.48 feet; thence South 50° 55' 35" West, 1788.65 feet; thence South 01° 28' 24" West, 787.30 feet to the TRUE POINT OF BEGINNING; thence continuing along said boundary, South 10° 46' 15" West, 1337.68 feet; thence leaving said boundary South 79 13' 45" East, 703.35 feet; thence North 30° 28' 31' 12" West, 800.00 feet; thence South 87° 45' OF BEGINNING. -1- 81-0235-S 48" East, 900.00 feet; thence North 30° 29" West, 491.59 feet to the TRUE POINT The easement in the afoiesaid property shall be a strip o^ land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, at right angles, on each exterior side of each and every facility installed, the approximate location being shown on Exhibit "A", attached hereto and made a part hereof. Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure, plant any tree, drill or dig any well, within this easement. Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably be withheld. Grantor further grants to Grantee the right to assign any or all of the rights granted in this easement in whole or in part to Pacific Bell and/or to other companies providing utility or communication facilities. Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, AND PIPELINES MAY CARRY VOLATILE MATERIALS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING 696-2000, and OBTAINING PERMISSION. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor and Grantee. day of ^ July IN WITNESS WHEREOF, Grantor executed this instrument this 17th , 19 . 85 Executed in the Presence of: Witness THE CITY OF CARLSBAD, a MUNICIPAL CORPORATION Drawn Dehesa Checked Dehesa Sketch OS-9255 Date 7-2-85 MOPAC 89869-01/02 Const. No. 2108700/1359700 A.P. No. 209-050-26 /cr SIGNATURES MUST BE NOTAfllZHD NOTARIES -2-81-0235-S Witness CORPORATE ACKNOWLEDGMENT NO. 202 State of California County of San Diego On this the 18th day of 19_85_, before me, Karen R. Stevens the undersigned Notary Public, personally appeared Mary H. Casler and Aletha L. Rautenkranz OFFICIAL SEAL KAREN R. STEVENS Notary PuUk - Crfifomu PriMiM MM fa IX personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Mayor and City Clerk or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary's Signatur 7120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 CONST NO M O P A C - C/. At &tt j &J •CTIM SAN DIEGO GAS 6 ELECTRICSAM DICOO. CAUFCMNIA MIDMSTMi DMT OK WTDIY - 3155 EXHIBIT "A" Recording Requester ? SAN DIEGO GAS & ELECTRIC COMPANY When Recorded Mall to: SDG&E, P.O. Box 1831 San Diego, CA 92112 ATTN: Office Services, Room 611 Original Document Recorded Date ™Z Pile/Page In San Diego County Ewcorder'e Office -SPACE ABOVE FOR RECORDER'S DSE- Transfer Tax Done SAN DIEGO GAS & ELECTRIC COMPANY JLSG844 EASEMENT CITY OF CARLSBAD, A MUNICIPAL CORPORATION (Grantor), for valuable consideration, grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: 1. Underground facilities and appurtenances for the transmission and distribution of electricity. 2. Pipelines and appurtenances for any and all purposes. 3. Communication facilities, and appurtenances. The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary. Grantee also has the right of ingress and egress, to, from and along this easement in, upon, over and across the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep this easement clear from explosives, buildings, structures and materials. The property in which this easement and right of way is hereby granted is situated in the County of San Diego, State of California, described as follows: That portion of Lot "B" of Rancho Auga Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, described as follows: Commencing at the Northeasterly corner of said County of San Diego land; thence North 89° 54' 00" West, 23.41 feet to the Point 14 of said Lot "B", as shown on said Map 823; thence along the boundary of said County land, South 54° 15' 33" West, 326.48 feet; thence South 50° 55' 35" West, 1788.65 feet; thence South 01° 28' 24" West, 787.30 feet to the TRUE POINT OF BEGINNING; thence continuing along said boundary, South 10° 46' 15" West, 1337.68 feet; thence leaving said boundary South 79° 13' 45" East, 703.35 feet; thence North 30° 28' 48" East, 900.00 feet; thence North 30° 31' 12" West, 800.00 feet; thence South 87° 45' 29" West, 491.59 feet to the TRUE POINT OF BEGINNING. -1- 81-0235-S The easement in the af ore-did property shall be a strip o~ land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, at right angles, on each exterior side of each and every facility installed, the approximate location being shown on Exhibit "A", attached hereto and made a part hereof. Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure, plant any tree, drill or dig any well, within this easement. Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably be withheld. Grantor further grants to Grantee the right to assign any or all of the rights granted in this easement in whole or in part to Pacific Bell and/or to other companies providing utility or communication facilities. Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, AND PIPELINES MAY CARRY VOLATILE MATERIALS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING 696-2000, and OBTAINING PERMISSION. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor and Grantee. day of ^ July IN WITNESS WHEREOF, Grantor executed this instrument this „__ 17th , 19 ,/85 Executed in the Presence of: £0 Ufc Witness THE CITY OF CARLSBAD, a MUNICIPAL CORPORATION city Drawn Checked Sketch Date MOPAC Const. No. A.P. No. /cr Dehesa Dehesa OS-9255 7-2-85 89869-01/02 2108700/1359700 209-050-26 SIGNATURES MUST K NOTARIZED NOTARIES USE PnOPeR Fw.^i -2-81-0235-S CORPORATE ACKNOWLEDGMENT NO. 202 State of California County of San Diego On this the 18th day of July . 1985 ; before me, 55. Karen R. Stevens OFFICIAL SEAL KAREN R. STEVENS y Prtfc - the undersigned Notary Public, personally appeared Mary H. Casler and Aletha L. Rautenkranz .—___ — . i BE personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as Mayor and City Clerk or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. 7120122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364 CONST SAN DIEGO GAS ft ELECTRIC•AN INKOO. CALIFORNIA * MGO •m. 7-/-A5n. 7-/ u A/A • 1DIBTM1 arttt OS- 9Z55 354- EXHIBIT "A"