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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 .. z 0 i= 0 a d 0 z 3 0 0 io I4 lA- CI-F CARLSBAD - AGEND~ILL 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. I 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 \ 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 0 0 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) -r\rrmUI 1. 0 * I' ;b v,' - --I SI \ v\+ ;D 0 m --- NOT TO SCALE x zr U - #+. ss-27 'E Recording Request e.JT ) ) 0 SAN DIEGO GAS & ELECTRIC COMPANY ) ) When Recorded 1 ) ) 1 San Diego, CA 92112 ) 1 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 ," c t iJ ; 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. -2- 8 1-0286-S 0 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 1 2 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) /"c PY b/ ) ss. 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. - 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-- \ L(.‘iQRLS&& - ~ DS 9934 1 PITI 8-6-Bb nma SULE NCN€ oo1ouTtS