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Home My WebLink About1987-06-02; City Council; 9027; GRANT OF EASEMENT TO SAN DIEGO GAS & ELECTRIC CO. ELLERY RESERVOIR. tp bLt P 0 E a a 4 .. z 0 F 0 a G -I z 3 0 0 CI-OF CARLSBAD - AGENWBILL AB# 902 7 TITLE: DEPT. GRANT OF EASEMENT TO SAN MTG. 06/02/87 DIEGO GAS & ELECTRIC CO. CITY I DEPT. ENG ELLERY RESERVOIR CITY I RECOM M EN DED ACTION: Adopt Resolution No. 5%) 9.5- granting an easement for underground electrical purposes over a portion of the Ellery Reservoir Site. ITM EXPLANATION As a part of the construction of Carlsbad Tract No. 81- 19 (May Y Montanas), which surrounds the Ellery Reservoir site, the San Diego Gas & Electric Company must relocate the underground electric lines serving Ellery Reservoir. The proposed relocation does not conflict with any City improvements on the Ellery Reservoir property. SDG&E is requesting a six-foot wide easement to protect the relo- cated utility lines. FISCAL IME'ACT None. EXHIBITS 1. Location Map 2. Easement 3. Resolution No. 90 95- granting an easement for underground electrical purposes over a portion of the Ellery Reservoir Site, 5 .* PROPosI='D SDG d E Eb5c'MS:N' Recording Reques t@by 1 0 ) ) When Recorded ) ) ) ) San Diego, CA 92112 1 1 SAN DIEGO GAS & ELECTRIC COMPANY ) 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 & ELECTRIC CO /+ EASEMENT FOR UNDERGROUND ELECTRICAL CITY OF CARLSBAD, a municipal corporation, hereinafter called "Grant valuable consideration, grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporat hereinafter called "Grantee", an UNDERGROUND ELECTRICAL SYSTEM easement and ri way upon and under Grantor's hereinafter described real property to excavate f place, lay, construct, operate, use, maintain, repair, replace, reconstruct an 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 Grantor's 1 situated in the County of San Diego, State of California, described as follows Parcel 1 of Parcel Map No. 878 filed July 3, 1972 at File No. 171312 in the Office of the County Recorder of said County of San Diego, being a portion of Lot "J" of Rancho Agua Hedionda, according to Map thereof No. 823 filed in said County Recorder's Off ice. 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. -1- 81 Except as he after stated, Grantor shall n erect, place or cons nor permit to be erecte P placed or constructed, any bui ? ding or other structu any tree, dig or drill any well, within the limits of said easement, without t previous written consent of the Grantee. 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 tl 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 re: for any damage to Grantor's existing facilities occasioned by or arising from construction, operation or maintenance of Grantee's facilities within said Gra property. Grantee covenants for itself, its successors, assigns, agents or con1 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 st2 engineering practices. Grantee agrees that in the event said facilities interfere with the 1 repair, or improvement of Grantor's property, Grantee shall relocate said faci: a reasonable location(s) designated by Grantor. Said relocation shall take plz within 90 days after Grantee has received written notice from Grantor and after has fully reimbursed Grantee for such cost of relocation and after Grantor has furnished Grantee with easement(s) acceptable to Grantee, for facilities in suc locations(s). - 2- *. - b. 0 a Grantee shall have the right, but not the duty, to trim or remove tret brush and roots within, along or adjacent to said easement whenever Grantee deer necessary. Said right shall not relieve Grantor of the duty as owner to trim 01 trees, brush and roots to prevent danger or hazard to property or persons. CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore, Grantor not make or allow any excavation or fill to be made, within the boundaries of ti described easement WITHOUT FIRST NOTIFYING GRANTEE BY CALLING 696-2000, or such as shall then be applicable, AND OBTAINING PEi'.'iFSSION. In the event said easement is no longer required for service or if sa 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, autom and without the necessity of re-entry or notice and Grantee shall remove at its expense all facilities installed by Grantee; provided, however, that Grantee ma abandon all underground lines and structures in place. Grantee shall furnish G on demand a good and sufficient Quitclaim Deed of all its rights, title and int the above described easement. The terms, covenants and conditions of this easement and right of way be binding upon and inure to the benefit of any heirs, executors, administrator permittees, licensees, or agents of Grantor and the successors or assigns of Gr Grantee. IN WITNESS WHEREOF, the Grantor City of Carlsbad executed this in this 3rd day of June , 19 87 . /- x. ,e , / Executed in the Presence of: \ \ i'v, F /cc-.g c- J.: ,"./'' ./. , .-.' r . ..' 6: CITY OF CARLSBAD, ./d' - , Witness BY ! ,. . ?. \ .) 7 ' !.: c- < <- I., . , e' i I' I c RY dAfk//I. 4. Qa.LT,L CORPORATE ACKNOWLEDGMENT On this the 8th day of June 1987, bc Countyof Sari Diego Karen R. Kundtz the undersigned Notary Public, personally appeared Claude A. Lewis and Aletha L. Rautenkranz L8 personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as or on behalf of the corporatio named, and acknowledged to me that the corporation executed WITNESS my hand and official seal. ..................... * KAREN R. KUNDTZ g NOTARY PUBLIC-CALIFORNIA $ SAN DIEGO COUNTY * My Cmm. Exp. Sept. 27, 1989 g *+**+********************+***** * OFFICIAL SEAL Mayor and City Clerk NATIONAL NOTARY ASSOCIATION 23012 Vnntum Rlvd . Po Roy de36 Woo, 7120 122 I SAN DIUK) BLO 0 ELEmR1c ’Uff EAR -#cQo*cyIoIIu~ -2-2-87 C8 TRACT 8I-B Ip*L NON€ I os7 1RMU -a w ‘ CARLCbAO ma 362- i 11 21 RESOLUTION NO. 9095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING AN EASEMENT WHEREAS, the City Council of the city of Carlsl l1 12 1. That the above recitations are true and correct 2. That the easement conveying underground ele i ~ 15 approved. I 3. That the Mayor is authorized to execute the eas 21 22 23 24 NOES: None ABSENT: None I I /g/// Id7 p(Yc7 \ 1 I CLAUDE A. LEWIS, Mayor I ~ ATTEST: ~