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Home My WebLink About1987-05-12; City Council; 8992; DEDICATION OF UNDERGROUND ELECTRIC EASEMENT AT CALAVERA HILLS COMMUNITY PARKa w > 0 LT Q 2 .. z 0 U - 5 s z 3 0 0 I.. CI~OF CARLSBAD - AGEN~BILL - AB#m- TITLE- DEPT. I MTG- 0s/12/87 PARK CITyA . DEDICATION OF UNDERGROUND ELECTRIC EASEMENT AT CALAVERA HILLS COMMUNITY DEPT. MP CITY M RECOMMENDED ACTION: Adopt Resolution No. 905-7 approving an agreement gran San Diego Gas and Electric Company an underground elec easement across the City-owned portion of the Calavera H Community Park site. ITEM EXPLANATION: Phase I construction of the Calavera Hills Community Par currently underway. Electrical service is requird at this for the Phase I ballfield lights and the restroom building. future electrical tie-in for the Phase I1 Community CE Building and lightpoles will also be made through this east to facilitate future construction. FISCAL IMPACT: All costs related to electrical services and connections ari responsibility of the City’s contractor, Kirchnavy Construc Company, for the Calavera Hills Community Park project, Phasi EXHIBITS: 1. Location Map. 2. Resolution No. 9Q5? approving an agreement grantin Diego Gas and Electric Company an underground elect easement. 3. Easement Agreement. I r OC LOCATION MAP 1 - ELM AVENUE .............................. LEGEND ---0 PARK PROPERTY LINE 1111111111111 S.D.G,& E. ELEGTRIGAL EASEMENT --...**.* DlVlSlON OF PHASE I AND PHASE II VICINITY MAP N.T. S. m PROJECT NAME PROJ- NO- EX CALAVERA HILLS COMMUNITY PARK 3 173 - .* 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 1911 0 RESOLUTION NO. 9059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT GRANTING SAN DIEGO GAS AND ELECTRIC COMPANY AN UNDERGROUND ELECTRICAL EASEMENT WHEREAS, electrical servcie is required for Calavera t Community Park; and WHEREAS, an underground electrical easement must granted to the San Diego Gas and Electric Company condition to providing service; and WHEREAS, San Diego Gas and Electric Company has pro\ the City easement documents for execution; NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Carlsbad as follows: 1, That the above recitations are true and correct. 2. That the agreement between the City of Carlsbac the San Diego Gas and Electric Company, attached hereti hereby approved. 1 /// /// 20 21 22 23 24 25 26 27 28 //I /// i /// I /// /// /// /// //I /// 1 2 3 4 5 6 7 8 9 10 11 12 a 0 3. That the Mayor and City Clerk are authorizea directed to execute said easement on behalf of the Cit Carlsbad. PASSED, APPROVED, AND ADOPTED at a regular meeting of Carlsbad City Council held on the 12th day of May 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and L NOES: None ABSENT: None CLAUDE A. LEHS, Mayo ATTEST: 13 I 1 l4 i 4 151 16 0 &A I ALETHA L. RAOTENKRANZ, City (Jlerk (SEAL) - I 20 ' 21 22 23 24 25 26 27 28 ~ I Recording ~equese by 1 Q 1 1 When Recorded ) 1 ) ) Mail to: SDG&E, P.O. Box 1831 ) San Diego, CA 92112 1 ) - SAN DIEGO GAS & ELECTRIC COMPANY ) ATTN: Office Services, Room 611 ) SPACE ABOVE FOR RECORDER'S USE-- Transfer Tax None SAN DIEGO GAS & ELECTRIC Ci 47 09 4' C/< EASEMENT FOR UNDERGROUND ELECTRICAL CITY OF CARLSBAD, a municipal corporation, hereinafter called "Gran valuable consideration, grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corpora hereinafter called "Grantee", an UNDERGROUND ELECTRICAL SYSTEM easement and r way upon and under Grantor's hereinzfter described real property to excavate place, lay, construct, operate, use, maintain, repair, replace, reconstruct a remove underground facilities consisting of conduits, manholes, handholes and boxes with wires and cables placed therein and aboveground structures consist pads, transformers, and other aboveground structures necessary for the operat said underground facilities, equipment and material connected therewith for t transmission and distribution of ELECTRICITY for all purposes for which it mz as Grantor may specify, provided said routes are practical, across Grantor's situated in the County of San Diego, State of California, described as follow together with the right of ingress thereto and egress therefrom over such otb That portion of Lot "J" of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the office of the County Recorder of said County of San Diego, described in a Deed recorded November 19, 1982 at Recorder's FilelPage No. 82-357617 of Official Records 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 COI nor permit to be erected, placed or constructed, any building or other struc any tree, dig or drill any well, within the limits of said easement, without previous written consent of the Grantee. -1- m W 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 G which approval shall not be unreasonably withheld, for the adequate protection 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 t 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 ri 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 si engineering practices. Grantee agrees that in the event said facilities interfere with the 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 ha2 furnished Grantee with easement(s) acceptable to Grantee, for facilities in s locations(s). repair, or improvement of Grantor's property, Grantee shall relocate said fac; Grantor shall at all times indemnify and save harmless Grantee agai pay in full, all loss, damage or expense that Grantee may sustain, incur or b liable for, resulting in any manner from the construction, maintenance, use, repair or presence of Grantee's facilities and all necessary and proper fixtu equipment for use in connection therewith, including any such loss, damage or arising out of (a) loss of or damage to property, and (b) injury to or death persons, excepting any loss, damage or expense and claims for loss, damage or resulting in any manner from the negligent act or acts of the Grantee, its co officers, agents or employees. Grantee shall at all times indemnify and save harmless Grantor agai and pay in full, all loss, damage or expense that Grantor may sustain, incur liable for, resulting in any manner from the construction, maintenance, use, repair or presence of Grantee's facilities and all necessary and proper fixtL equipment for use in connection therewith, including any such loss, damage OK arising out of (a) loss of or damage to property and (b) injury to or death c persons, excepting any loss, damage or expense and claims for loss, damage 01 resulting in any manner from the negligent act or acts of the Grantor, its cc officers, agents or employees. 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 c necessary. Said right shall not relieve Grantor of the duty as owner to trin trees, brush and roots to prevent danger or hazard to property or persons. -2- j , m 0 CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore, Gran not make or allow any excavation or fill to be made, within the boundaries a described easement WITHOUT FIRST NOTIFYING GRANTEE BY CALLING 696-2000, or s as shall then be applicable, AND OBTAINING PERMISSION. In the event said easement is no longer required for service or if easement is not used by Grantee for a period of one year, whichever is soone rights herein granted shall revert to Grantor, its successors or assigns, at and without the necessity of re-entry or notice and Grantee shall remove at expense all facilities installed by Grantee; provided, however, that Grantee abandon all underground lines and structures in place. Grantee shall furnis on demand a good and sufficient Quitclaim Deed of all its rights, the above described easement. title and The terms, covenants and conditions of this easement and right of be binding upon and inure to the benefit of any heirs, executors, administr: permittees, licensees, or agents of Grantor and the successors or assigns of Grantee. IN WITNESS WHEREOF, the Grantor City of Carlsbad executed this this 14th day of May 3 19 87 t \A a '. > f -,, ,p. L. -+ a c k c.; i Executed in the Presence of: / c J4 C) 0 Y cy> ; c? Witness CITY OF CARLSBAD, ! j I , L/. L- .: j c' +; ' ,? n <' Y (' ALETHA I L. RAUTENKRANZ, I e- /> :> f &- r 'li d / Karen R. Kundtz I Countyof Sari Diego the undersigned Notary Public, Personally appeared Claude A. Lewis and Aletha L. Rautenkranz IX personally known to me [3 proved to me on the basis of SatiSfaCtoV evidence to be the person(s) who executed the within instrument as KAREN R. KUNDTZ 2 Mayor and City Clerk Or On behalf of the COrporatiol named, and acknowledged to me that the corporation executed NOTARY WeLlC-CALtF&M $ \ ' osn 362- ()Ala mm EAR lmruru U 4- -87 1-1 -%--- ' I CALAVERA ///US PARK I- N%$g i CARL S SA 0 lmr