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HomeMy WebLinkAbout1986-07-22; City Council; 8709; GRANT OF EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY STAGECOACH PARK* F r B w > Q LT L a a .. $ I 6 a 5 4 z 3 0 0 CITWF CARLSBAD - AGENDWILL AB# 87 09 TITLE: DEPT. CITY E MTG. 7/22/86 GRANT OF EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY - STAGECOACH PARK DEPT. ENG CITY n RECOMMENDED ACTION: Adopt Resolution No. g70 7 granting an easement for public utili purposes over a portion of Stagecoach Park. ITEM EXPLANATION San Diego Gas & Electric Company needs to install underground utility lin to service Stagecoach Park. for those utility lines. They are requesting this six foot wide easeme FISCAL IMPACT No direct cost is involved to the City. EXHIBITS 1. Location Map 2. Easement 3. Resolution No. p70 '7 aranting an easement for public utili purposes over a portion of Stagecoach Park. 506 t E EASEMENT a e 1200 ELM AVENUE TE CARLSBAD, CA 92008-1989 (61 Office of the City Clerk &itp of Carls’bab July 25, 1986 San Diego Gas & Electric P.O. Box 1831 San Diego, CA 92112 Re: Easement for Underground Electrical Enclosed is the original easement for underground electrical from the City of Carlsbad to San Diego Gas & Electric Co. for Stagecoach Park. The document has been signed and notarized per your instructions and is being returned to you so that you may record same. ?JiiiYzP Deputy City Clerk Enc . 1 e ha, 1 Recording Requeste SAN DIEGO GAS & ELECTRIC COMPANY ) 1 When Recorded 1 1 1 1 San Diego, CA 92112 1 1 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 COP EASEMENT FOR UNDERGROUND ELECTRICAL CITY OF CARLSBAD, a municipal corporation, hereinafter called "Grant1 valuable consideration, grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corpcarat hereinafter called "Grantee", an UNDERGROUND ELECTRICAL SYSTEM easement and ri, way upon and under Grantor's hereinafter described real property to excavate fl place, lay, construct, operate, use, maintain, repair, replace, reconstruct an1 remove underground facilities consisting of conduits, manholes, handholes and . boxes with wires and cables placed therein and aboveground structures consisti 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 GrantorTs P situated in the County of San Diego, State of California, described as follows That portion of Lot 4 and Lot 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 a deed recorded December 15, 1980 at Recorder's File/Page No. 80-420522 of Official Records of said County Recorder. The easement in the aforesaid property shall be a strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured 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. Except as hereinafter stated, Grantor shall not erect, place or coni nor permit to be erected, placed or constructed, any building or other structi any tree, dig or drill any well, within the limits of said easement, without previous written consent of the Grantee. -1- 8 0 0 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 Gr which approval shall not be unreasonably withheld, for the adequate protection Grantee's facilities in accordance with pertinent General Orders of the Public construct, reconstruct and maintain aboveground structures, including, but not to, fences, sidewalks, curbs, gutters, and street surfaces or other surfaces th require excavation and grading between ground surface and a maximum depth of 18 within said easement. Utilities Commission of the State of California, Grantor retains the right to Grantee, its successors, assigns, agents or contractors, shall be re: for any damage to Grantor's existing facilities occasioned by or arising from i construction, operation or maintenance of Grantee's facilities within said Grar property. Grantee covenants for itself, its successors, assigns, agents or con! 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 st; engineering practices. Grantee agrees that in the event said facilities interfere with the I repair, or improvement of Grantor's property, Grantee shall relocate said faci: a reasonable location(s) designated by Grantor. Said relocation shall take pl; within 90 days after Grantee has received written notice from Grantor and afte' has fully reimbursed Grantee for such cost of relocation and after Grantor has furnished Grantee with easement(s1 acceptable to Grantee, for facilities in su iocations(s). Grantee shall have the right, but not the duty, to trim or remove tr brush and roots within, along or adjacent to said easement whenever Grantee de 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, Granto 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 SUC as shall then be applicable, AND OBTAINING PERMISSION. In the event said easement is no longer required for service or if s 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, auto 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 c 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 WJ be binding upon and inure to the benefit of any heirs, executors, administratc permittees, licensees, or agents of Grantor and the successors or assigns of ( Grantee. -2 - 8: e e /"' <- - x, /.- executed this ins 1 IN WITNESS WHEREOF, the Grantor r/ this y 23rd day Of 1 Julv 9 19,386 * Executed in the Presence of: CITY OF CAESBAD, --; .- // Witness a municipal corporation, BY '% d. && MARY H. SLER, Mayor ,/BY - 8! - A ALETHA L. USSTENKRANZ, City , Drawn Dehesa Checked Dehesa I Sketch OS-9922 Date 6/3/86 MOPAC 08986-0 1 Const. No. 2150020 A.P. No. 223-060-45 (POR) SICMTURES f.7.1usT BE MOTACED -._cc .I__. r----n "I.C*, STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. On July 25, 1986 , before me the undersigned, a Notary Public in and for said State, personally appeared Mary II. Cas and Aletha L. Rautenkranz , known to me to be the Mayor and City clerk of the City of Carlsbad, a Municipal Corporation of the State of Caj known to me to be the personswho executed the within instrument on 1 of said Municipal Corporation, and acknowledged to me that such CitJ Carlsbad, California, executed the same. WITNESS my hand the official seal. No9ry2ub la .............................. * OFFICIAL SEAL * * KAREN R. KUNDTZ z * NOTARY PUBLIC-CALIFOkNIA :: t*+***+**********t************ * SAN DIEGO COUNTY * My Comm Exp Sept 27. 1989 t OS- 2252 $1 SAN DIECO GAS 6 ELECTRIC UN-DIEM CAUFORNIA m,MT‘E SiTAGfCorM PAP/ CAPL98L.o m m NSTYI mrm6 OS-9 326- / 6-9-86 y -1 ,= Nod5 WOW .- 1 2 3 4 5 6 7 g 9 10 11 12 e e RESOLUTION NO, 8707 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 submitted a requl granting a public utility easement; and WHEREAS, the City Council of the City of Carlsbad has determined ii in the public interest to grant said easement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the ( Carlsbad, California, as follows! 1. That the above recitations are true and correct. 2. That the Easement conveying a public utility easement to Sar Gas & Electric Company, which is on file with the City Clerk I 13 14 15 16 11 I incorporated by this reference, is approved. 3. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsb< That the Mayor is authorized to execute the deed. I 22 21 23 24 25 26 v7 k/ L-4 ABSENT: Council Member Chick MARY H. ASLER, Mayor ATTEST : I ALETHA L. RAUTENKRANZ, City Clerk '(SEAL) I