HomeMy WebLinkAbout1986-10-07; City Council; 8197-2; GRANT OF EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY - UNDERGROUND UTILITY DISTRICT NO, 9a w > 0 E kl CL 4
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I -a C W, DEPT. HD.- AB# g/q7*A TITLE= GRANT OF EASEMENT TO SAN DIEGO
MTG. 10/7/86 GAS AND ELECTRIC COMPANY - CITY ATTYE UNDERGROUND UTILITY DISTRICT NO. 9 /-- DEPT. RED CITY MGR.2
RECOMMENDED ACTION:
If Council concurs your action is to adopt Resolution No. 8827 granting an easement for public utility purposes over a portion
of City property between Christiansen Way and Grand Avenue.
ITEM EXPLANATION
On June 18, 1985, the Council took action approving Underground
Utility District No. 9 located east of the railroad from
Christiansen Way south to Elm Avenue. In order to underground
the facilities, it will be necessary to locate some underground
lines and equipment on City property located between Christiansen
Way and Grand Avenue as shown on Exhibit 2 (attached). San Diego Gas and Electric is requesting this easement.
Council is asked to approve Resolution No. Rpq7 qranting
the easement and authorizing the Mayor to execute the document.
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FISCAL IMPACT
No direct cost is involved to the City.
EXHIBITS
1 - Resolution No. rrJ7 granting an easement for public
utility purposes.
2 - Location Map
3 - Easement
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RESOLUTION NO. 8827
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 request for granting a public utility easement; and
WHEREAS, The City Council of the City of Carlsbad has
determined it to be in the public interest to grant said
easement:
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 Easement conveying a public utility easement
to San Diego Gas & Electric Company, which is on file with the
City Clerk is incorporated by this reference, is approved.
3). That the Mayor is authorized to execute the easement.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the Carlsbad City Council held on the 7th day of October ,
1 1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Chick and Pettine
NOES : None
ABSENT: Council Member Kulce XyJeb
MARY H. CASLER, Mayor
ATTEST:
' ALETHA L. RAUTENKRANZ, Cityglerk
( SEAL)
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Recording Request e.JT ) ) 0
SAN DIEGO GAS & ELECTRIC COMPANY )
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When Recorded 1
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San Diego, CA 92112 )
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Mail to: SDG&E, P.O. Box 1831 )
ATTN: Office Services, Room 611 )
SPACE ABOVE FOR RECORDER'S US-
Transfer Tax None
SAN DIEGO GAS ti ELECTRIC COMPANY
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EASEMENT FOR UNDERGROUND ELECTRICAL
CITY OF CARLSBAD, a municipal corporation, hereinafter called "Grantor", for
valuable consideration, grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation,
hereinafter called "Grantee", an UNDERGROUND ELECTRICAL SYSTEM easement and right of
way upon and under Grantor's hereinafter described real property to excavate for,
place, lay, construct, operate, use, maintain, repair, replace, reconstruct and/or
remove underground facilities consisting of conduits, manholes, handholes and junction
boxes with wires and cables placed therein and aboveground structures consisting of
pads, transformers, and other aboveground structures necessary for the operation of
said underground facilities, equipment and material connected therewith for the
transmission and distribution of ELECTRICITY for all purposes for which it may be used
together with the right of ingress thereto and egress therefrom over such other routes
as Grantor may specify, provided said routes are practical, across Grantor's land
situated in the County of San Diego, State of California, described as follows:
Lots 1 through 6 inclusive of Town of Carlsbad, according to
Map thereof No. 535, filed in the Office of the County Recorder of
said County of San Diego.
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 construct,
nor permit to be erected, placed or constructed, any building or other structure, plant
any tree, dig or drill any well, within the limits of said easement, without the
previous written consent of the Grantee.
Grantor shall not increase or decrease the ground surface elevations within
the boundaries of the said easement existing at the date of execution of this
instrument, without the previous written consent of the Grantee.
-1- 81-0286-S
m e Grantor shall not increase or decrease the ground surface elevations within
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 Grantee,
which approval shall not be unreasonably withheld, for the adequate protection of
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 limited
to, fences, sidewalks, curbs, gutters, and street surfaces or other surfaces that
require excavation and grading between ground surface and a maximum depth of 18 inches
within said easement.
Grantee, its successors, assigns, agents or contractors, shall be responsibl
for any damage to Grantor's existing facilities occasioned by or arising from the
construction, operation or maintenance of Grantee's facilities within said Grantor's
property.
Grantee covenants for itself, its successors, assigns, agents or contractors
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 standard
engineering practices.
Grantee agrees that in the event said facilities interfere with the use,
repair, or improvement of Grantor's property, Grantee shall relocate said facilities t
a reasonable location(s) designated by Grantor.
within 90 days after Grantee has received written notice from Grantor and after Granto
has fully reimbursed Grantee for such cost of relocation and after Grantor has
furnished Grantee with easement(s) acceptable to Grantee, for facilities in such new
locations(s).
Said relocation shall take place
Grantor shall at all times indemnify and save harmless Grantee against, and
pay in full, all loss, damage or expense that Grantee may sustain, incur or become
liable for, resulting in any manner from the construction, maintenance, use, state of
repair or presence of Grantee's facilities and all necessary and proper fixtures and
equipment for use in connection therewith, including any such loss, damage or expense
arising out of (a) loss of or damage to property, and (b) injury to or death of
persons, excepting any loss, damage or expense and claims for loss, damage or expense
resulting in any manner from the negligent act or acts of the Grantee, its contractors
officers, agents or employees,
Grantee shall at all times indemnify and save harmless Grantor against,
and pay in full, all loss, damage or expense that Grantor may sustain, incur or become
liable for, resulting in any manner from the construction, maintenance, use, state of
repair or presence of Grantee's facilities and all necessary and proper fixtures and
equipment for use in connection therewith, including any such loss, damage or expense
arising out of (a) loss of or damage to property and (b) injury to or death of
persons, excepting any loss, damage or expense and claims for loss, damage or expense
resulting in any manner from the negligent act or acts of the Grantor, its contractors
officers, agents or employees.
Grantee shall have the right, but not the duty, to trim or remove trees,
brush and roots within, along or adjacent to said easement whenever Grantee deems it
necessary. Said right shall not relieve Grantor of the duty as owner to trim or rem01
trees, brush and roots to prevent danger or hazard to property or persons,
CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore, Grantor shall
not make or allow any excavation or fill to be made, within the boundaries of the aboz described easement WITHOUT FIRST NOTIFYING GRANTEE BY CALLING 696-2000, or such numbei
as shall then be applicable, AND OBTAINING PERMEXION.
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In the event said easement is no longer required for service or if said
easement is not used by Grantee for a period of one year, whichever is sooner, all
rights herein granted shall revert to Grantor, its successors or assigns, automatical
and without the necessity of re-entry or notice and Grantee shall remove at its own
expense all facilities installed by Grantee; provided, however, that Grantee may
abandon all underground lines and structures in place. Grantee shall furnish Grantor
on demand a good and sufficient Quitclaim Deed of all its rights, title and interest 2
the above described easement.
The terms, covenants and conditions of this easement and right of way shall
be binding upon and inure to the benefit of any heirs, executors, administrators,
permittees, licensees, or agents of Grantor and the successors or assigns of Grantor c
Grantee.
IN WITNESS WHEREOF, the Grantor e/T,/ &,,= F 44 executed this instrumen
this m day of 45- ’ Y 19Y.
Executed in the Presence of:
CITY OF CARLSBAD,
Witness a municipal corporation,
BY %4L2-Jfl &!LLQ-v
BY LLkkthL id?- LzAhA&-
Drawn Moody
Checked
Sketch os 9934
Date 8/15/86
MOPAC 01 285-02
Const. No. 2150170 ’ A.P. No. 203-294-02,03,04,05,06
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) /"c PY
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efore me the undersigned, a
and Aletha L. Rautenkranz , known me to be the Mayor and City Clerk ;"6'
On October 14, 1986
Notary Public in and for said State
ot the City of Carlsbad, a Muni-e pal Corporation of the State of Californi known to me to be the personswho executed the within instrument on behalf
of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same.
personally appeared Mary H. Casler
WITNESS my hand the official seal.
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f+**************************** * OFFICIAL SEAL * * * KAREN R. KUNDTZ $
* SAM DIEGO COUNPl $
* *
* NOTARY PUBLIC-CALIFORNJA *
MY Comm EXP scpt. 27. 1989 * ~+***************************$
"***This is copy of Notary attached to original easement which was sent
to:
san Diego Gas si Electric
P.O. Box 1831
San Diego, CA 92112
Attn: Carol Moody, No. Coast Dist. Office
SAN MEGO. CAU-WU
/$ILEY CON--
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