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Home My WebLink About1986-05-06; City Council; 8612; GRANT OF EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY STAGECOACH PARKAB# rbla ~~~.5-06;,@6, ,, DEPT.FN~, DEPT GRANT OF EASEMENT TO SAN CITY CITY TITLE: DIEGO GAS & ELECTRIC COMPANY-- STAGECOACH PARK 6' EASEMENT Recording Requeste d- 1 0 1 SAN DIEGO GAS & ELECTRIC COMPANY ) ) When Recorded ) ) 1 San Diego, CA 92112 1 1 ', +j 1 6 /,F/ '-, -/'.., 4 - Mail to: SDG&E, P.O. Box 1831 ) ATTN: Office Services, Room 611 ) SPACE ABOVE FOR RECORDER'S USL Transfer Tax None SAN DIEGO GAS & ELECTRIC CO1 EASEMENT FOR UNDERGROUND ELECTRICAL CITY OF CARLSBAD, a municipal corporation, hereinafter called "Grantc valuable consideration, grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporat: hereinafter called "Grantee" , an UNDERGROUND ELECTRICAL SYSTEM easement and ril way upon and under Grantor's hereinafter described real property to excavate fc place, lay, construct, operate, use, maintain, repair, replace, reconstruct anc remove underground facilities consisting of conduits, manholes, handholes and . boxes with wires and cables placed therein and aboveground structures consistii pads, transformers, and other aboveground structures necessary for the operati said underground facilities, equipment and material connected therewith for th transmission and distribution of ELECTRICITY for all purposes for which it may together with the right of ingress thereto and egress therefrom over such othe as Grantor may specify, provided said routes are practical, across Grantor's 1 situated in the County of San Diego, State of California, described as follows Those portions of Lots 4, 8 and 9 of Rancho Las Encinitas according to Map thereof No. 848, filed in the Office of the County Recorder of said County of San Diego, described in Deeds recorded December 15, 1980 at Recorder's File/Page No. 80-420522 and recorded February 28, 1984 at Recorder's File/Page Nos. 84-070903 and 84-070904 and recorded July 10, 1984 at Recorder's File/Page No. 84-259351 all of Official Records of said County of San Diego. The easement in the aforesaid lands shall be: That certain strip of land 6.00 feet in width, lying within the above described property, lying adjacent to coincident with the Northeasterly, Northerly and Northwesterly exterior boundary of "Mission Estancia" shown and delineated on Parcel Map No. 13524 filed October 25, 1984 at File No. 84-403293 in the Office of the County Recorder of said County of San Diego, as shown on Exhibit "A" attached hereto and made a part thereof. -1- 81 e 0 Except as hereinafter stated, Grantor shall not erect, place or cons nor permit to be erected, placed or constructed, any building or other structu or drill any well, within the limits of said easement, without the previous wr consent of the Grantee. Grantor reserves the right to plant trees or landscaping with this e provided said trees or landscaping does not endanger or interfere with said ut and further Grantor shall provide root guards within the aforementioned easeme Grantor shall not increase or decrease the ground surface elevations the boundaries of the said easement existing at the date of execution of this instrument, without the previous written consent of the Grantee. Subject to the review and written approval of improvement plans by ( which approval shall not be unreasonably withheld, for the adequate protectiol Grantee's facilities in accordance with pertinent General Orders of the Public Utilities Commission of the State of California, Grantor retains the right to construct, reconstruct and maintain aboveground structures, including, but not to, fences, sidewalks, curbs, gutters, and street surfaces or other surfaces 1 require excavation and grading between ground surface and a maximum depth of 1 within said easement. Grantee, its successors, assigns, agents or contractors, shall be rc for any damage to Grantor's existing facilities occasioned by or arising from construction, operation or maintenance of Grantee's facilities within said Gr: property . Grantee covenants for itself, its successors, assigns, agents or COI that all work in connection with the installation of Grantee's facilities and appurtenances shall be done in a workman-like manner and in accordance with s engineering practices m Grantee agrees that in the event said facilities interfere with the repair, or improvement of Grantor's property, Grantee shall relocate said fac a reasonable location(s) designated by Grantor. Said relocation shall take p within 90 days after Grantee has received written notice from Grantor and aft has fully reimbursed Grantee for such cost of relocation and after Grantor ha furnished Grantee with easement(s) acceptable to Grantee, for facilities in s locations (s) . Grantee shall have the right, but not the duty, to trim or remove t brush and roots within, along or adjacent to said easement whenever Grantee d necessary. Said right shall not relieve Grantor of the duty as owner to trim trees, brush and roots to prevent danger or hazard to property or persons. CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore, Grant not make or allow any excavation or fill to be made, within the boundaries of described easement WITHOUT FIRST NOTIFYING GRANTEE BY CALLING 696-2000, or st as shall then be applicable, AND OBTAINING PERMISSION, -2- I e e In the event said easement is no longer required for service or if F easement is not used by Grantee for a period of one year, whichever is sooner, rights herein granted shall revert to Grantor, its successors or assigns, autc and without the necessity of re-entry or notice and Grantee shall remove at it expense all facilities installed by Grantee; provided, however, that Grantee n abandon all underground lines and structures in place. Grantee shall furnish on demand a good and sufficient Quitclaim Deed of all its rights, title and ir the above described easement. The terms, covenants and conditions of this easement and right Of wa be binding upon and inure to the benefit of any heirs, executors, administrato permittees, licensees, or agents of Grantor and the successors or assigns of G Grantee. pyyi ;= /-e" - //- &* r r -_ -* IN WITNESS WHEREOF, the Grantor $City Of Carlsbad this i 12th day of - May , 19 86 . executed this i Executed in the Presence of: CITY OF CARLSBAD, /& //h/f' &p:= Witness a municipal corporation, /,1 'x -, r- p;:, 1 BY %dLk+ J&A& MARY H. C#SLER, Mayor -< BY ( 1 'd 1 ALETHA L. RAUTENKRANZ, Cit CORPORATE ACKNOWLEDGMENT State of California County of Sari Diego Karen R. Kundtz the undersigned Notary Public, personally appeared Mary H. Casler and Aletha L. Rautenkranz IIE personally known to me C to be the person(s) who executed the within instrument as Mayor and City C1erk XBpron behalf of the corporatic named, and acknowledged to me that the corporation executed i proved to me on the basis of satisfactory evidence NATIONAL NOTARY ASSOCIATION 23012 Venlura Blvd - PO Box 4625 Woo SAN DIEGO GAS 6 ELECTRIC mmmslMl ' SAN DIEGO. CAUFORNIA - w 01 LA em= ~0~7wzxs7- ,su NddL LA COS^ c e~~~~sdD YTO w mwm us-23 326- 1 ooD*I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 II) e RESOLUTION NO. 8545 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING AN EASEMENT FOR PUBLIC UTILITY PURPOSES. WHEREAS, San Diego Gas & Electric Company has submit request for granting a public utility easement; and WHEREAS, the City Council of the City of Carlsba determined it to be in the public interest to grant easement; NOW, THEREFORE, BE IT RESOLVED by the City Council o City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Easement conveying a public utility eas San Diego San & Electric Company, which is on file wit City Clerk and is incorporated by this reference; is apprc 3. That the Mayor is authorized to execute the deed. PASSED, APPROVED AND ADOPTED at a regular meeting c 1 Carlsbad City Council held on the 6th day of May I ''1 20 21 22 23 24 25 27 261 1986 by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and NOES: None ABSENT: None 9k-y J &A, I MARY H. ASLER, Mayor ATTEST: , f - ALETWA L. RAUTENKRANZ, City Cl&rk I (SEAL)