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Home My WebLink About1986-04-01; City Council; 8562; GRANT OF EASEMENT TO SAN DIEGO GAS & ELECTRICe4 LLS > 0 rx a e% 4 .. z 2 6 a z z 3 0 0 / /. ' O& Cl@ OF CARLSBAD - AGENW BILL DEPT. SAN DIEGO GAS & ELECTRIC CITY 1 GRANT OF EASEMENT TO AB# 8562- TITLE: MTG. 4 /1/86 DEPT. ENG CITY I RECOMMENDED ACTION: By motion, adopt Resolution No. rqk-y--- approving t execution of an easement to San Diego Gas & Electric. ITEM EXPLANATION San Diego Gas 8( Electric is constructing a new 20" diamet natural gas pipeline to serve the Encina Power Plant. Tl- pipeline is to be constructed in existing easements held SDG&E. However, a portion of that existing easement rL through a riparian habitat in Macario Canyon Park. To lin the impact on this riparian area, SDG&E has worked out realignment of the easement with the City's Parks and Recre tion Department. This realignment is mutually satisfactory. FISCAL IMPACT There will be no monetary loss to the City in granting tb easement. EXHIBITS 1. Location Map. 2. Plat of Project 3. Grant Deed conveying an easement to San Diego Ga: 4. Resolution No. Fli/&7 approving the execution of Electirc. easement to San Diego Gas & Electric. a fX15TfN<i E4 1 WRITE IT-D1)81N’T SAY IT INTER-DEPARTMENT MEMORANDUM a. 1 2 3 4 5 6 7 8 91 0 0 - RESOLUTION NO. 8467 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING AN EASEMENT TO SAN DIEGO GAS & ELECTRIC. WHEREAS, San Diego Gas & Electric has request easement from the City of Carlsbad for underground pip purposes; and WHEREAS, the City Council of the City of Carlsba determined it to be in the public interest to grant and ex I 10 11 12 13 14 15 16 17 18; 19 I said easement; NOW, THEREFORE, BE IT RESOLVED by the City Counc the City of Carlsbad, California, as follows: 1. That the above recitations are true and correc 2. That the Grant Deed conveying an easemen underground pipeline purposes to San Diego Gas & Electric the City of Carlsbad, attached hereto and incorporated h by reference, is approved and that the Mayor is authoriz execute said Grant Deed. I PASSED, APPROVED AND ADOPTED at a regular rneeti I/ 23 NOES: None I j A8SENT: None 28 I (SEAL) 1 Recording Requested by SAN DIEGO GAS & ELECTRIC COMPANY When Recorded Mail to: SDG&E, P. 0. Box 1831 ATTN ! Office Services, Room 611 San Diego, CA 92112 e 0 e thence South 02' 36' 36" West, 740.00 feet to the Southwest corner of said Kirgis property; thence South 87' 23' 24" East, 1378.84 feet to the Southea: corner of said Kirgis property; thence South 10' 58' 35" East, 1394.10 feet Point 14 of said Lot F; being the most Northerly corner of land described in Deed to S.L. Kelly, recorded February 3, 1961, Recorder's File/Page No. 2029 of Official Records; thence along the Northeasterly line of said Kelly's Ian South 51O 01' 58" East, 1042.27 feet; thence South 38O 58' 02" West, 288.57 feet; thence North 51O 01' 58" West, 152.00 feet; thence South 38O 58' 02" West, 152.00 feet; thence North 51' 01' 58" West, 1089.27 feet to a point on the lot line between Point 13 and Point 14 of .said Lot F; thence South 63O 14' 04" West along said lot line 564.30 feet to said Point 13; thence South 40° 42' 08" West, 1584.44 feet to Point 12 of said Lot F; thence North 89O 46' 41" West, 646.96 feet to Point 11 of said Lot F; thence North 59O 47' 49 West, 1175.97 feet to Point 10 of said Lot F; thence South 70° 54' 27" West, 546.55 feet to the Point of Beginning. The said easement in the aforesaid lands shall be 20.00 feet in width, the center line of which is described as follows: Beginning at a point on said lot line between Point 13 and Point 1 of said Lot F; distant therecn South 63O 14' 04" West, 494.26 feet from a 2 inch capped pipe marking said Point 14 of Lot F, as shown and delineated os Record of Survey Map No. 7938, filed November 29, 1974 a5 File No. 14-313938 in the office of the'County Recorde? of said San Diego County; thence leaving said line North 51O 01' 49" West, 131.63 feet: thence South 63O 14' 04" West 526.08 feet; thence South 80' 51' 05" West, 157.51 feet to a point in the center line of that certain easement and right of way conveyed to San Diego Gas & Electric Company by document recorded May 15, 1961 at Recorder's File/ Page No. 82981 of Official Records of said County. ALSO: Beginning at said POINT OF BEGINNING; thence South 51O 01' 49" East, 10.97 feet to a point in the center line of that certain easement and right of way conveyed to San Diego Gas & Electric Company by document recorded June 21, 1961 at Recorder's File/Page No. 105809 of said Official Records. Grantor, without limitation, shall not erect, place or construct, nor pe to be erected, placed or constructed, any building or other structure, impound or water or other fluid substances, nor drill or dig any well on said easement and ri way l Grantor shall not increase the ground surface elevations more than 10.00 over top of pipe, nor allow the ground surface elevations to be decreased within t boundaries of this easement and right-of-way, nor plant any tree, nor shall the gr be penetrated in any manner to a depth in excess of 18 inches without prior writte consent of Grantee, said consent not to be unreasonably withheld. Grantor shall not grant or dedicate any easement or easements on, under i over this easement and right of way without written consent of Grantee. The right transfer and assign this easement and right of way in whole or in part being hereb: granted to Grantee. -2- 0 I) * Grantee shall have the right to erect, maintain and use gates in all fc which now cross or which may hereafter cross said easement and right of way, or : practical route or routes of ingress and egress thereto and therefrom. Grantee shall have the right to trim, cut and/or remove trees, foliage roots upon and from within this easement and right of way. Grantor also grants to Grantee the right during construction of Grantec initial pipeline, to use for purposes incidental to said construction, a strip 0: 40 feet in width adjacent and contiguous to the within granted easement and righ' way, said strip to be in whole or in part on either side of the same, said right said strip of land ceasing and being terminated at such time as said initial cons t ruc t ion i s comp 1 e t ed . The terms, covenants and conditions of this easement and right of way : binding upon and inure to the benefit of any heirs, successors, executors, administrators, permittees, licensees, agents or assigns of Grantor and the SUCCE and assigns of Grantee. IN WITNESS WHEREOF, Grantor + executed these presents thj , 19 86. - day of April Executed in the Presence of:. . .. .._ .,_. ..... . ... .. . .. .. .. ... . .. ,. . .. ... Witness 2- + THE CITY OF CARLSBAD, a municipal corporation By : y-dk MARY H. dASLER, Mayor Drawn Huc kaby ' Checked a Sketch G-3000-1 rl Date 10/23/85 s MOPAC 96892-01 Const. No. 1361320 '':!:4:1J?ES ,V,LST BE NCTARIZED A.P. No. 212-010-11 & 12 ' .; ',: '.SF iRZ?ER FORM 4 -3- 1 r I STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On 74 /f& , before me the undersigned, a Not; Public % and for’said State, personally appeared Mary H. CaSler, kn( to me to be the Mayor of the City of Carlsbad, a Municipal Corporatic of the State of California, known to me to be the person who execute( the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand and official seal. ) ss. * * ................................ * SAN DiEW COUNTY * OFFICIAL SLAL $ * KAREN R. KUNDTZ t .............................. NOTARY PUBLIC-CALIFOANIA t My Comm. EK~ Seol 27. 1919 t 1