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HomeMy WebLinkAbout1988-05-10; City Council; 9418; ACCEPT EASEMENT DEDICATIONS AND AUTHORIZE THE CERTIFICATION OF RIGHTS-OF WAY FOR THE CARLSBAD BOULEVARD PHASE II IMPROVEMENTS.. .L n w CY Q 2 2; .. z 0 F 0 4 $ z 3 0 0 CI'yiOF CARLSBAD - AGENWBILL k!' AB#* TITLE: ACCEPT EASEMENT DEDICATIONS AND MTG.yi npp DEPT. RECOMMENDED ACTION: Adopt Resolution No. /I- @7 accepting easement dedication from the San Diego Gas & Electric Company required for thi improvements to Carlsbad Boulevard, Phase 11. Adopt Resolution No. f/-/$dp authorizing the Municipal Project Manager to certify the sufficiency of project rights-of-wa required by the State of California, Department o Transportation for th.e Carlsbad Boulevard, Phase I1 improvements ITEM EXPLANATION: The revised design for the widening of Carlsbad Boulevard fro: the Agua Hedionda Bridge south to Tiera Del Oro requires thl acquisition of adjacent slope easements from the San Diego Gas Electric Company along the entire east side and a portion of thl west side of Carlsbad Boulevard within the project area. Afte lengthy negotiations ,, the necessary easements have been secure1 from SDG&E and are ready for formal acceptance by the Cit: Council. This dedication completes all right-of-way requirement: for the Phase I1 improvements to Carlsbad Boulevard. Staf recommends acceptance of the attached easement dedications. The improvements tal Carlsbad Boulevard, Phase 11, will bc predominantly financed through the use of CALTRANS FAU funds an( Thc therefore, subject to State procedural requirements. CALTRANSI Local Assistance Procedures manual require: certification of the sufficiency of the right-of-way to be use( for an FAU funded project. With the SDG&E dedications, al' right-of-way required for the Phase I1 portion of the project ha: been secured. Staff recommends the City Council authorize thc Municipal Projects Manager to certify the sufficiency of thc right-of -way for this project in accordance with CALTRAN: procedures. FISCAL IMPACT: The SDG&E easement dedications are provided at no cost to thi City. Staff is preparing the final plans, specifications, an( contract documents for the Phase I1 portion of the project to bc advertised for construction in late 1988. The California Coasta: Commission's required Coastal Development Permit has previousl] been secured for this project. The City Council has in prioi fiscal Capital Improvement Program budgets appropriate( sufficient funds for the construction of this project with fund: existing in project account number 300-820-1840-3205. DEPT. H CITY AT CITY M( AUTHORIZE THE CERTIFICATION OF BOULEVARD PHASE I1 IMPROVEMENTS MP FLIGHTS-OF WAY FOR THE CARLSBAD .*.. ,. . a 0 Page 2 of Agenda Bill No. .y#/f EXHIBITS : 1. Location map. 2. Resolution No. ,J?f-&7 accepting easement dedications frc the San Diego Gas & Electric Company for improvements I Carlsbad Boulevard. 3. Easement dedications from the San Diego Gas & Electric Company required for the improvements to Carlsbad Boulevarc 4. Resolution No. if-/.. authorizing the Municipal Projecl Manager to certify project right-of-way required by Stai of California, Department of Transportation for tl improvements to Carlsbad Boulevard. , .* .a ,, PHASE I- ROAD WIDENING & 10' PARKING STRIP FROM STA. EXHIBIT e ,. Recording Requese y City Clerk City of Carlsbad After Recording Mail to: City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 SPACE ABOVE FOR RECORDER'S USE -_ Transfer Tax None SAN DIEGO GAS 6 ELECTRlC COM GRANT OF EASEMENT SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called Grantor", for valuable consideration, grants to the CITY OF CARLSBAD, a munic corporation, hereinafter called "Grantee", an easement and right of way for sl and retaining wall purposes and incidentals thereto, through, over, under and Grantor's land, together with the right of ingress and egress along said easem situated in the City of Carlsbad, County of San Diego , State of California, described as follows: 11 Those strips of land lying within Lot "H" of Rancho Agua Hedionda, a ing to Map thereof No. 823, filed in the office of the County Recorder of County of San Diego, described in Parcels 1 thru 5 as follows: Parcel 1: Those portions of said Lot "H" lying Northeasterly of the Northeaste right of way line of Carlsbad Boulevard, formerly U.S. Highway 101, relin quished by the State of California per relinquishment agreement recorded Book 5103, page 172 of Official Records of said County of San Diego, and Southwesterly of a line described as follows: Commencing at a point on the centerline of said Carlsbad Boulevard, point shown and delineated as State Highway Station 394+63.74 on Record o Survey Map No. 1806, filed in said County Recorder's Office; thence along centerline North 36'54'00" West (record North 36'57'30" West) 262.49 feet thence leaving said centerline North 53'06'00" East, 50.00 feet to a poin said Northeasterly right of way line of Carlsbad Boulevard and the TRUE F OF BEGINNING of said line; thence leaving said right of way line South 47'05'42" East, 139.01 feet; thence South 35'17'01" East, 527.68 feet; th South 55'21'11" East, 83.78 feet; thence South 30'30'14" East, 46.24 feet thence South 12'35'45" West, 54.97 feet; thence South 29'40'30" East, 206 feet; thence South 27'13'41" East, 154.39 feet; thence South 61'23'11" Ea 60.65 feet; thence South 19'40'45" East, 44.14 feet; thence South 00'58'5 West, 66.99 feet; thence South 24'25'04" East, 393.77 feet; thence South 24'00'23" East, 166.57 feet; thence South 24'06'04" East, 436.61 feet: tk South 00'13'56" East, 27.76 feet; thence South 24'43'30" East, 104.49 fee thence North 66'53'10" East, 4.00 feet; thence South 24"43'30" East, 200. feet; thence South 27'18'10" East, 180.54 feet; thence South 22'05'44" EE -1- .. 0 e of way line South 17'03'07" East], 240.77 feet; thence South 20'04'53" Ea 248.20 feet; thence South 25'40'02" East, 65.46 feet; thence South 41'28 East, 87.53 feet; thence South 14'00'47" East, 109.97 feet; thence South 39'18'31" East, 55.40 feet; thence North 68'28'24" East, 5.00 feet to a herein designated Point "B"; said point being a point on said Southweste right of way line and being a point on the arc of a 5308.16 (record 5298 foot radius curve concave Northeasterly, a radial line of said curve at point bears South 68'28'24'' West, said point also being the point of ter Parcel 5: That certain strip of land 5.00 feet in width lying within said Lot the Northeasterly line of which is described as follows: Beginning at said Point "B" described in Parcel 4 above, said Point being a point on the Southwesterly right of way line of Carlsbad Bouleva a point on the arc of a 5308.16 (record 5298.73) foot radius curve conca Northeasterly; a radial line of said curve at said point bears South 68' West; thence Southeasterly along the arc of said curve through a central of 08"33'38", a distance of 793.09 feet to the most Northerly corner of Del Oro, according to Map thereof No. 3052, filed in said County Recorde Off ice. The sidelines of said strip shall be lengthened and/or shortened so terminate in the Southerly line of the land described in Parcel 4 above the Northwesterly line of said Tierra Del Oro. RESERVING unto Grantor of the above described parcels of land, its successors or assigns, the right to eliminate such slopes or portions thereof in written opinion of the City of Carlsbad and/or City Engineer of Carlsbad tl necessity therefore is removed by substituting other protection and support p such substitution is first approved in writing by said Engineer(s). Grantee, its successors, assigns, agents or contractors, shall be r sible for any damage 'to Grantor's existing facilities occasioned by or arisin the construction, operation or maintenance of Grantee's facilities within sai 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 workmanlike manner and in accl with standard engineering practices. Grantor reserves unto itself, its successors and assigns, the right the subsurface, surface and airspace thereover, of the hereinbefore described easement and right of way, for the installation of such facilities as it shal or in the future deem necessary. Such rights shall not be exercised by Grant1 successors or assigns, in such a manner as to be unreasonably incompatible wi Grantee's installation. Grantee shal1,at all times indemnify and save harmless Grantor agail pay in full any and all loss, damage or expense that Grantor may sustain, inci become liable for, resulting in any manner from the construction, maintenance state of repair or presence of Grantee's facilities installed hereunder and a -3- .. e e 119.94 feet; thence South 07'56'11'1 West, 15.97 feet to a point on said Northeasterly right of way line; thence along said right of way line Sout' 24°43'30" East, 35.00 feet; thence leaving said right of way line South 44'11'46" East, 15.00 feet; thence South 24'43'30" East, 85.48 feet; then South 25'53'35" East, 169.46 feet; thence South 20'52'56" East, 364.99 fe thence South 22'59'36" East, 196.44 feet; thence South 23'32'35" East, 14 feet; thence South 24'40'49" East, 118.35 feet; thence South 27'58'46" Ea 147.05 feet; thence South 30O52'53" East, 79.52 feet; thence South 03'01' East, 26.94 feet to a point on said Northeasterly right of way line of Ca Boulevard, said point being the point of terminus and lying on a 5208.16 (record 5198.73) foot radius curve concave Easterly, a radial line to sai point bears South 60'33'16" West. Parcel 2: That certain strip of land 5.00 feet in width lying within said Lot the Northeasterly line of which is coincident with the following describe 1 ine : Commencing at said State Highway Station 394+63.74 described in Parc above; thence leaving said centerline South 53'06'00" West, 50.00 feet to point on the Southwesterly right of way line of Carlsbad Boulevard and be the TRUE POINT OF BEGINNING of said line; thence along said Southwesterly of way line North 36'54'00" West (record North 36'57'30" West) 145.00 fee the point of terminus of said line. Parcel 3: That certain strip of land 5.00 feet in width lying within said Lot the Northeasterly line of which is coincident with the following describe line : Commencing at said State Highway Station 394+63.74 described in Parc above, said point being the beginning of a 5000.00 foot radius curve conc Southwesterly, a radial line to said point bears North 53'06'00" East; th Southeasterly along said centerline and the arc of said curve through a c angle of 12'10'30" a distance of 1062.47 feet; thence tangent to said cur South 24O43'30" East (record South 24'42'20" East) 393.76 feet to a point herein designated Point "A"; thence leaving said centerline South 65'16'3 West, 50.00 feet to a point on said Southwesterly right of way line of Ca Boulevard and being the TRUE POINT OF BEGINNING of said line; thence don right of way line South 24'43'30'' East, 400.00 feet to the point of termi Parcel 4: That portion of said Lot ''H" lying Southwesterly of said Southwester right of way line of Carlsbad Boulevard and Northeasterly of a line descr as follows: Commencing at Point "A" described in Parcel 3 above; thence along sa centerline of Carlsbad Boulevard, South 24'43'30" East (record South 24'4 East) 1100.47 feet; thence leaving said centerline South 65'16'30'' West, feet to a point on said Southwesterly right of way line of Carlsbad Boule and being the TRUE POINT OF BEGINNING of said line; thence leaving said r -2- e; e necessary and proper fixtures and equipment for use in connection therewith, in cluding any such loss, damage or expense arising out of the (a) loss or damage property, and (b) injury to or death of persons, including the defense of any a arising therefrom. Grantee covenants for itself, its successors and assigns that should Grantee discontinue use of this easement for the purposes set forth herein, the rights granted in this easement shall terminate and Grantee, upon receipt of wr request, shall execute and deliver to Grantor a good and sufficient Quitclaim D to all rights herein granted. Grantor, its successors and assigns, shall not be required to bear an portion of the cost of construction, maintenance, alteration, repair, replaceme relocation or removal of Grantee's facilities installed within the easement her granted. The terms, covenants and conditions of this easement and right of way shall be binding upon and inure to the benefit of Grantor, its successors and assigns, and Grantee, or in any other or altered form it may assume. IN WITNESS WHEREOF, the said San Diego Gas & Electric Company has cau rate name by its officer thereunto d this Instrument to be executed in its co authorized this /-q day of Y 19 8%. f SAN DIEGO GAS 6 ELECTRIC COMPANY, a corporation BY .*L td*LJ$l 1, L : StevBdD. Davis, Mafia er Land Department Drawn McGuire Checked DW Sketch L Date 4/1/88 MOPAC - S.B.E. NO. 141-37-73FS PC1 2&3 A.P. NO. 210-010-24 & 33 -4- a. .. .I e. :.: STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss On in and for said Star'e, personally appeared Steven D. Davis, personally known to me (- +n mp on t- FMf-e-&sFqLe&lenee) to be the person who executed the within instrument as Manager, Land Department, on behalf of San Diego Gas & Electric Company, the corporatfo therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. Dm (! /,q, /9g 5, before me, the undersigned, a Notary Public L!F.]DA F. VICTOR twifiiw PIJPI.IC. CnLiroRi WITNESS my hand and official seal. FRI:ICI;'GL OFFICE IN S4N ClEGO COUNTY My Conmission Exp. April 28. Signature &-A 7 LLuz, T.P.O.B. PARCEL 1 EASEMENT PLA‘ P.O.B. PARCELS 1 MRU 3 CURVE DELTA RADIUS LENGT Cl 1270’30” 5000.00’ 1062. --- EASEMENT PL CURVE DELTA 127 0'30' 5000.00' 106' EASEMENT PL P9i8 LDOt :I I KELTNER & ASSOCIATES NOV. 0, lQ87 EASEMENT PLA' CURVE DELTA RADIUS LENG Cl 4'56'30" 4000.00' 344.1 (yo= Prepared By : KELTNER & ASSOCIATES 006 THIRD rIRJ!XT WClNlTA3 , CA 02024 NOV. 9. 1987 (619) 942-8829 FILC NAKE : JN270 EASEMENT PL CURVE DELTA RADIUS LENGl Cl 10'51'50' 5258.16' 997.( 806 THlRD STREFT E3CINlTAS . CA 92024 NOV. 9. 1987 (eiq 94z-mz9 - -_- - e' 0 CERTIFICATION FOR ACCEPTENCE OF EASEIIENT This' is to certify that the interest in real property conveyed by the easement dated April 15, 1988 from San Diego Gas & Electric Company to the City of Carlsbad, California, a municipal corporation is hereby accepted by the City Council of the City of Carlsb California pursuant to resolution No. 88-147 , adopted on - May 10, 1988 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: May 11, 1988 By: &!&$& /e- . ALETIIA L. RAUTEraKPJ\NZ, Cqty C1 1' 4 1 2 3 4 5 6 7 8 9 lo l1 12 13 14 I.5 16 17 18 l9 20 21 22 23 24 I 25 26 27 28 0 0 RESOLUTION NO. 88-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING EASEMENT DEDICATIONS FROM THE SAN DIEGO GAS AND ELECTRIC COMPANY REQUIRED FOR THE CITY'S IMPROVEMENTS TO CARLSBAD BOULEVARD WHEREAS, the San Diego Gas and Ele cd ric Company t submitted a grant of easement conveying certain slope easemer to the City of Carlsbad necessary to affect road improvemer along Carlsbad Boulevard fronting SDG&E property in this arc and WHEREAS, the City Council of the City of Carlsbad 1 determined it necessary, desirable, and in the public inter€ to accept said easement required for the City's improvement and WHEREAS, the aforementioned SDG&E easements are offer to the City at no cost: NOW, THEREFORE, BE IT RESOLVED by the City Council 1 the City of Carlsbad, California, as follows: 1. That the-above recitations are true and correct. 2. That the attached grant of easement documer identified as attached Exhibit lrA1t incorporated by referer and made a part hereof from the San Diego Gas and Elect] Company, dated April 15, 1988, conveying certain slc easements to the City of Carlsbad are hereby accepted. 3. That the City Clerk is authorized and directed record said easements with the County Recorder of the County San Diego. -4 1 2 3 4 5 6 7 a 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 4. That the City Clerk is further authorized a directed to forward copies of said recorded easements to t Engineering Department for information. PASSED, APPROVED AND ADOPTED at a regular meeting the Carlsbad City Council held on the 10th day of May 1988 by the following vote to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Lar NOES: None ABSENT: None ATTEST: ae&.tld ALZTHA L. dXJ!k&*q Clerk I ( SEAL ) I EXHIBIT 2 Recording Requesa by e 4 SAN DIEGO GAS & ELECTRIC COMPANY When Recorded Mail to: City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 SPACE ABOVE FOR RECORDER'S USE Transfer Tax None SAN DIEGO GAS 6 ELECTRIC COMI GRANT OF EASEMENT SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called Grantor", for valuable consideration, grants to the CITY OF CARLSBAD, a municj corporation, hereinafter called "Grantee", an easement and right of way for slc and retaining wall purposes and incidentals thereto, through, over, under and i Grantor's land, together with the right of ingress and egress along said easemz situated in the City of Carlsbad, County of San Diego , State of California, described as follows: 11 Those strips of land lying within Lot "H" of Rancho Agua Hedionda, ac ing to Map thereof No. 823, filed in the office of the County Recorder of County of San Diego, described in Parcels 1 thru 5 as follows: Parcel 1: Those portions of said Lot "H" lying Northeasterly of the Northeastei right of way line of Carlsbad Boulevard, formerly U.S. Highway 101, relin- quished by the State of California per relinquishment agreement recorded 2 Book 5103, page 172 of Official Records of said County of San Diego, and Southwesterly of a line described as follows: Commencing at a point on the centerline of said Carlsbad Boulevard, : point shown and delineated as State Highway Station 394+63.74 on Record oi Survey Map No. 1806, filed in said County Recorder's Office; thence along centerline North 36"54'00" West (record North 36'57'30" West) 262.49 feet: thence leaving said centerline North 53"06'00" East, 50.00 feet to a point said Northeasterly right of way line of Carlsbad Boulevard and the TRUE P( OF BEGINNING of said line; thence leaving said right of way line South 47'05'42" East, 139.01 feet; thence South 35"17'01" East, 527.68 feet; thc South 55°21'11" East, 83.78 feet; thence South 30°30'14" East, 46.24 feet; thence South 12'35'45" West, 54.97 feet; thence South 29'40'30" East, 206, feet; thence South 27'13'41" East, 154.39 feet; thence South 61"23'11" Ea: 60.65 feet; thence South 19"40'45" East, 44.14 feet; thence South OO"58'51 West, 66.99 feet; thence South 24"25'04" East, 393.77 feet; thence South 24"00'23" East, 166.57 feet; thence South 24"06'04" East, 436.61 feet; the South 00'13'56" East, 27.76 feet; thence South 24"43'30" East, 104.49 feel thence North 66"53'10" East, 4.00 feet; thence South 24'43'30" East, 200.( feet; thence South 27'18'10" East, 180.54 feet; thence South 22'05'44" Ea: -1- ". 0 @ 119.94 feet; thence South 07'56'11" West, 15.97 feet to a point on said Northeasterly right of way line; thence along said right of way line South 24'43'30" East, 35.00 feet; thence leaving said right of way line South 44°11'46'1 East, 15.00 feet; thence South 24'43'30" East, 85.48 feet; thenc South 25'53'35" East, 169.46 feet; thence South 20'52'56" East, 364.99 fee thence South 22'59'36" East, 196.44 feet; thence South 23'32'35" East, 141 feet; thence South 24'40'49" East, 118.35 feet; thence South 27'58'46" Eas 147.05 feet; thence South 30O52'53" East, 79.52 feet; thence South 03'01'4 East, 26.94 feet to a point on said Northeasterly right of way line of Car Boulevard, said point being the point of terminus and lying on a 5208.16 (record 5198.73) foot radius curve concave Easterly, a radial line to said point bears South 60°33'16" West. Parcel 2: That certain strip of land 5.00 feet in width lying within said Lot I' the Northeasterly line of which is coincident with the following described line : Commencing at said State Highway Station 394+63.74 described in Parce above; thence leaving said centerline South 53°06'00" West, 50.00 feet to point on the Southwesterly right of way line of Carlsbad Boulevard and bei the TRUE POINT OF BEGINNING of said line; thence along said Southwesterly of way line North 36'54'00" West (record North 36'57'30" West) 145.00 feet the point of terminus of said line. Parcel 3: That certain strip of land 5.00 feet in width lying within said Lot I' the Northeasterly line of which is coincident with the following described line : Commencing at said State Highway Station 394+63.74 described in Parce above, said point being the beginning of a 5000.00 foot radius curve conca Southwesterly, a radial line to said point bears North 53'06'00" East; the Southeasterly along said centerline and the arc of said curve through a ce angle of 12°10'30" a distance of 1062.47 feet; thence tangent to said curv South 24'43'30" East (record South 24O42'20" East) 393.76 feet to a point herein designated Point "A'!; thence leaving said centerline South 65'16'30 West, 50.00 feet to a point on said Southwesterly right of way line of Car Boulevard and being the TRUE POINT OF BEGINNING of said line; thence along right of way line South 24'43'30" East, 400.00 feet to the point of termin Parcel 4: That portion of said Lot "H" lying Southwesterly of said Southwester1 right of way line of Carlsbad Boulevard and Northeasterly of a line descri as follows: Commencing at Point "A" described in Parcel 3 above; thence along saf centerline of Carlsbad Boulevard, South 24'43'30" East (record South 24'42 East) 1100.47 feet; thence leaving said centerline South 65'16'30'' West, 5 feet to a point on said Southwesterly right of way line of Carlsbad Boulev and being the TRUE POINT OF BEGINNING of said line; thence leaving said ri -2- .. 0 0 of way line South 17'03'07" East, 240.77 feet; thence South 20"04'53" East 248.20 feet; thence South 25'40'02'' East, 65.46 feet; thence South 41'28'1 East, 87.53 feet; thence South 14'00'47" East, 109.97 feet; thence South 39'18'31'' East, 55.40 feet; thence North 68'28'24" East, 5.00 feet to a PO herein designated Point "B"; said point being a point on said Southwester1 right of way line and being a point on the arc of a 5308.16 (record 5298.7 foot radius curve concave Northeasterly, a radial line of said curve at sa point bears South 68'28'24" West, said point also being the point of termi Parcel 5: That certain strip of land 5.00 feet in width lying within said Lot 'I the Northeasterly line of which is described as follows: Beginning at said Point "B" described in Parcel 4 above, said Point 'I being a point on the Southwesterly right of way line of Carlsbad Boulevard a point on the arc of a 5308.16 (record 5298.73) foot radius curve concavf Northeasterly; a radial line of said curve at said point bears South 68'2t West; thence Southeasterly along the arc of said curve through a central t of 08'33'38", a distance of 793.09 feet to the most Northerly corner of TJ Del Oro, according to Map thereof No. 3052, filed in said County Recorder' Off ice. The sidelines of said strip shall be lengthened and/or shortened so t terminate in the Southerly line of the land described in Parcel 4 above ar the Northwesterly line of said Tierra Del Oro. RESERVING unto Grantor of the above described parcels of land, its successors or assigns, the right to eliminate such slopes or portions thereof, in written opinion of the City of Carlsbad and/or City Engineer of Carlsbad the necessity therefore is removed by substituting other protection and support prc such substitution is first approved in writing by said Engineer(s). Grantee, its successors, assigns, agents or contractors, shall be re: sible for any damage to Grantor's existing facilities occasioned by or arising 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 workmanlike manner and in acco with standard engineering practices. Grantor reserves unto itself, its successors and assigns, the right the subsurface, surface and airspace thereover, of the hereinbefore described easement and right of way, for the installation of such facilities as it shall or in the future deem necessary. Such rights shall not be exercised by Granto successors or assigns, in such a manner as to be unreasonably incompatible wit Grantee's installation. Grantee shal1,at all times indemnify and save harmless Grantor again pay in full any and all loss, damage or expense that Grantor may sustain, incu become liable for, resulting in any manner from the construction, maintenance, state of repair or presence of Grantee's facilities installed hereunder and a1 -3- .. ., a 0 necessary and proper fixtures and equipment for use in connection therewith, ir cluding any such loss, damage or expense arising out of the (a) loss or damage property, and (b) injury to or death of persons, including the defense of any i arising therefrom. Grantee covenants for itself, its successors and assigns that should Grantee discontinue use of this easement for the purposes set forth herein, thc rights granted in this easement shall terminate and Grantee, upon receipt of w' request, shall execute and deliver to Grantor a good and sufficient Quitclaim 1 to all rights herein granted. Grantor, its successors and assigns, shall not be required to bear a portion of the cost of construction, maintenance, alteration, repair, replacem relocation or removal of Grantee's facilities installed within the easement he granted. The terms, covenants and conditions of this easement and right of wa shall be binding upon and inure to the benefit of Grantor, its successors and assigns, and Grantee, or in any other or altered form it may assume. IN WITNESS WHEREOF, the said San Diego Gas & Electric Company has ca this Instrument to be executed in its cor orate name by its officer thereunto authorized this /s day of A,&&,( 9 19 88. SAN DIEGO GAS & ELECTRIC COMPANY, a corporation BY Stedb. Davis, Manager Land Department Drawn McGuire Checked 3- Sketch / Date 4/1/88 MOPAC c S.B.E. NO. 141-37-73FS PC1 2&3 , A.P. NO. 210-010-24 & 33 -4- e 0 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss On DE (L /SI /9g 4, before me, the undersigned, a Notary Public in and for said Stafe, personally appeared Steven D. Davis, personally known to me (m 1 to be the person who executed the within instrument as Manager, Land Department, on behalf of San Diego Gas & Electric Company, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. NoTPPY ?OW IC CALIFORNIA F?IFJClr AL OFFICE IN Signature &-A 7 AL.z&d T.P.O.B. PARCEL 1 - EASEMENT PLAY P.O.8. PARCELS 1 THRU 3 RADIUS CENGT! Cl 127 0'30" 5000.00' 1 06 2.1 CURVE DELTA KELTNER & ASSOCIATES 806 THIRD JTRE'&T ENCLNlTA3 , CA 92024 NOV. 9. 1967 - ___ EASEMENT PL. CURVE DELTA RADIUS LENGTH c1 12'1 0'30' 5000.00' 1062.4 N 19'40'45' W KELTNER & ASSOCIATES 606 THDRD STRFLT ENcwrTA3 , CA 92024 NOY 9. 1987 €'U NAME : IHnOCXB - . ..- EASEMENT PI Pcx% !Do!? $1 ppp 04 dOOJ Q A& 0 co I . . . . . . . *. .*. 806 RIlRD s1REfi WCIN7TAs , CA 92024 NOV. 9. 1987 (819) 842-8829 p?LG NAYE : JN270CXC EASEMENT PLA CURVE DELTA RADIUS LE C1 4'56'30" 4000.00' 34 KELTNER & ASSOCIATES NOV. Q. i~e7 605 THlRD - EASEMENT PL CURVE DELTA RADIUS CENG C1 1051 '50' 5258.1 6' 997. N 5oJ2'53' W 605 TMRD 3TRIRT E'NCLNITAS . CA 82024 NOV. 0. 1987 - --- - 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Z5 26 27 28 e * RESOLUTION NO. 88-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, REQUIREMENTS FOR CERTIFICATION OF NECESSARY RIGHTS-OF-WAY FOR FAU FUNDED PROJECTS WHEREAS, it is a requirement of the Federal Aid Urb (FAU) funded projects administered by the State of Californi Department of Transportation (CALTRANS) to certify that all t necessary right-of-way and easements have been acquired by t local jurisdiction prior to initiation of the improvements; a WHEREAS, the City Council of the City of Carlsba California, hereby finds it necessary, desirable and in t public interest to certify said right-of-way requirements CALTRANS for the City's future improvements to Carlsk Boulevard from the Agua Hedionda Bridge south to Cannon Rc within the jurisdiction of the City of Carlsbad. NOW, THEREFORE, BE IT RESOLVED by the City Council I the City of Carlsbad, California, as follows: 1. That the-above recitations are true and correct 2. That all the necessary easements and rights-of-t to construct the Carlsbad Boulevard Phase I1 improvements h: been acquired and are on file in the City Clerks Office and 1 Municipal Projects Department. /// /// /// /// .v 2, 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 Q @ 3. That the Municipal Projects Manager of the City 1 Carlsbad is hereby authorized and directed to execute a necessary right-of way certification requirements and Sta administrative procedures for the Carlsbad Boulevard Phase improvements in accordance with CALTRANS requirements. 4. Following the City Council approval of th Resolution, the City Clerk is hereby authorized and directed forward one (1) certified copy of this Resolution to t Municipal Projects Department for coordination of processi requirements with CALTRANS. PASSED, APPROVED AND ADOPTED at a regular meeting the Carlsbad City Council held on the loth day May , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and La] NOES: None ABSENT: None ATTEST: 1 1 QMA 1 ALETHA L. RAUTENKRANZ, City (SEAL)