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Home My WebLink About1989-07-25; City Council; 10152; APPROVAL OF GRANT DEED FOR OVERHEAD ELECTRICAL SYSTEM EASEMENT* P : a Q 2 .. z G b a $ 2 3 0 0 . ClTopF CARLSBAD - AGENDWILL AB# @i 15 a/t TITLE DEPT. H MTG,7/25 /89 1 DEPT. ENG CITY M( RECOMMENDED ACTION: Adopt Resolution No. m-255 granting an overhead electrical systc easement to San D.iego Gas 61 Electric Company. ITEM EXPLANATION: The Encina Water Pollution Control Facility (Encina) Phase : Expansion Project requires realignment of existing overhead utili1 lines serving property east of Encina and Interstate 5. The Encii Joint Advisory Committee (JAC) requests that the City grant Si Diego Gas 61 Electric Company an easement for that purpose. Encina and City staff have reviewed the proposed grant deed for tl easement (Exhibit: a2t1) and recommend that it be approved 1 Council. FISCAL IMPACT: None EXHIBITS : 1. Resolution No. 89 -zsg 2. Easement for Overhead Electrical System. 3. Location Map. APPROVAL OF GRANT DEED FOR OVERHEAD CITY AT - , ._. ELECTRICAL SYSTEM EASEMENT 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m 0 RESOLUTION NO. 89-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A GRANT DEED CONVEYING AN OVERHEAD ELECTRICAL SYSTEM EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY WHEREAS, the City Council of the City of Carlsbac determined it to be in the public interest to convey an ove: electrical system easement to San Diego Gas & Electric Compai NOW, THEREFORE, BE IT RESOLVED by the City Council o City of Carlsbad, California, as follows: 1. That the above recitations are correct. 2. That the Grant Deed conveying an overhead elect: system easement to San Diego Gas & Electric Company, which : file with the City Clerk and is incorporated by this referencc approved. 3. That the Mayor and City Clerk are authorized to ext the deed which will be returned to San Diego Gas & Electric Cor for recordation. PASSED APPROVED AND ADOPTED at a regular meeting 0: 191 Carlsbad City Council held on the 25th day of July the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and NOES: None ABSENT: None ATTEST: lL42ALB4- ALETHA L. RAUTENKRANZ, City (SEAL) SAN DIEGO GAS & ELECTRIC COMPANY When Recorded Mail to: =&E, P.O. Box 1831 San Diego, CA 92112 ATTN: Office Services, Room 611 0 0 herein described; thence North North 24O58'19" West, 29.40 feet; thence Nor 27 37'04" West, 343.10 feet to a point herein designated Point "A"; thence 61'52'59" West, 191.00 feet; thence South 61°51'00" West, 490.00 feet to a herein designated Point "B", being the end of said easement having a width 12.00 feet. Also: described as follows: Beginning at said True point of Beginning thence North 66'59'56'' West, 55.0 feet . Also: Those certain strips of land 4.00 feet in width, the centerlines are herein described as follows: That certain strip of land 6.00 feet in width, the centerline is her 1. 209.50 feet. Beginning at said True Point of Beginning; thence South 24°58i19ii 2. Beginning at said Point "A"; thence North 27'37'04" West, 25.00 fe 3. Beginning at said Point "A"; thence North 61'52'59" East, 25.00 fe 4. Beginning at said Point "B"; thence South 61'51'00" West, 25.00 fe 5. Beginning at said Point "B"; thence North 08O52'30" East, 25.00 fe, All as shown for convenience sake on attached Exhibit A. Except as hereinafter stated, Grantor shall not erect, place or construct, r permit to be erected, placed or constructed, any building or other structure, plz 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 boundaries of the said easement existing at the date of execution of this instrur without the previous written consent of the Grantee. Grantee, its successors, assigns, agents or contractors, shall be responsib: any damage to Grantor's existing facilities occasioned by or arising from the construction, operation or maintenance of Grantee's facilites within said Grant01 property. Grantee covenants for itself, its successors, assigns agents or contractors all work in connection with the installation of Grantee's facilities and appurter shll be done in a workman-like mer and in accordance with standard engineering practices. Grantee agrees that in the event said facilities interfere with the use, rex or improvement of Grantor's property, Grantee shall relocate said facilities to e resonable location(s) mutually agreed and accepted by Grantor and Grantee. Said relocation shall take place within 90 days after Grantee has received written not from Grantor and after Grantor has fully reimbursed Grantee for such cost of relocation and after Grantor has furnished Grantee with easement(s) acceptable tc Grantee, for facilities in such new location(s). CCSF, 85.43 9/80 -2- 800446 e 0 IN WITNESS WHEREOF, Grantor City of Carlsbad executed this instrur this u 26th day of 4 July , 19- 89 . 7 -/&A46 City of Carlsbad, a municipal corporation J2 (/ p$y, By i j,$+ f I<, CLAUDE A. LEWIS, Mayor BY */ ALETHA L. RAUTENKRANZ, City Cle This legal discri red by me or under my direction in conformance with th s Act on TULV 10 19 m. Checked Dram Sketch Date 7-10-89 Project No.805332-030 Const. NO. 2308432 A.P. NO. 2ii-030-06,oa D* Sur ey E-1213 p&!& /&o ’ -) 1) CCSF, 85.43 9/80 -4- 8004~ M/Y S-l I8 'P 33N34 .9 3NIX HNVE O/d01 'P 1-lOd rriu .os dn ii .e v3n3 . - . - --.-- .- -. 33, P PACIFIC OCEAN ENCINA WATER POLLUTION \ 0 0 1200 ELM AVENUE TELEPHOI CARLSBAD, CALIFORNIA 92008 (619) 434-2E Office of the City Clerk Mitg of (l.Jarlsbab August 1, 1989 San Diego Gas & Electric Co. 5315 Avenida Encinas Carlsbad, CA 92008 Attn: Manny Dehesa Re: Grant of Easement for Overhead Electrical System The Carlsbad City Council, at its meeting of July 25, 1989, adopted Resolution No. 89-255, granting an overhead electrical system easementment near the Encina Water Pollution Control Facility to SDG&E . Enclosed is the original easement which has been fully executed by the Mayor and City Clerk on behalf of the City of Carlsbad. Their signatures have been notarized per your instructions. We are returning this document to you that you may it recorded with the County Recorder of San Diego County. &%k Enc . I. ' Recording Requested by SAN DIEGO GAS & ELECTRIC COMPANY When Recorded Mail to: SM;&E, P.O. Box 1831 San Diego, CA. 92112 ATTN: Office Services, Room 611 0 e herein described; thence North North 24'58'19" West, 29.40 feet; thence Nortl 2P37'04" West, 343.10 feet to a point herein designated Point "A"; thence S! 61'52'59" West, 191.00 feet; thence South 61'51'00" West, 490.00 feet to a PI herein designated Point "B", being the end of said easement having a width o 12.00 feet. Also: described as follows: Beginning at said True point of Beginning thence North 66'59'56" West, 55.00 feet . Also: Those certain strips of land 4.00 feet in width, the centerlines are herein described as follows: That certain strip of land 6.00 feet in width, the centerline is here 1. 209.50 feet. Beginning at said True Point of Beginning; thence South 24'58'19" E 2. Beginning at said Point "A"; thence North 27 37'04" West, 25.00 fee 3. Beginning at said Point "A"; thence North 61'52'59" East, 25.00 fee 4. Beginning at said Point "B"; thence South 61'51'00" West, 25.00 fee 5. Beginning at said Point "B"; thence North 08'52'30" East, 25.00 fee All as shown for convenience sake on attached Exhibit A. Except as hereinafter stated, Grantor shall not erect, place or construct, nc permit to be erected, placed or constructed, any building or other structure, p1a1 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 boundaries of the said easement existing at the date of execution of this instrum without the previous written consent of the Grantee. Grantee, its successors, assigns, agents or contractors, shall be responsibl any damage to Grantor's existing facilities occasioned by or arising from the construction, operation or maintenance of Grantee's facilites within said Grantor property. Grantee covenants for itself, its successors, assigns agents or contractors, all work in connection with the installation of Grantee's facilities and appurten shll 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, rep or improvement of Grantor's property, Grantee shall relocate said facilities to a resonable location(s) mutually agreed and accepted by Grantor and Grantee. Said relocation shall take place within 90 days after Grantee has received written not from Grantor and after Grantor 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 location(s). CCSF, 85.43 9/80 -2- 800446 e e Grantee shall have the right, but not the duty, to trim or remove trees, bru; 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 remove trees, brush and roots to prevent danger or hazard to property or persons. In the event said easement is no longer required for service or if said easel 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, automatically ( without the necessary 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 stuctures in place. Grantee shall furnish Gran on demd a good and sufficient Quitclaim Deed of all its rights, title and inter in the above described easement. The terms, covenants and conditions of this easement and right of way shall1 binding upon and inure to the benefit of any heirs, executors, administrators, permittees, licensees, or agents of Grantor and the successors or assigns of Grani or Grantee. CCSF, 85.43 9/80 -3- 80044 6- 0 a IN WITNESS WHEREOF, Grantor City of Carlsbad executed this instrumer this y 26th day of .c July , 19- 89 . 7 -//;2?& &z5. ALETHA L. RAUTENKRANZ, City Clekk This legal discription was prepared by me or under my direction ors Act on XULY \O 19 a. in conformance with the Checked Dram Sketch Date 7-10-89 Project No.805332-030 Const. No. 2308432 D* Sur ey E-1213 A.P. NO. 211-030-06,08 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. I On August 1, 1989 , before me the undersigned, a , known to me to be the Mayor and City Clerk Notary Public in and for said State, personnally appeared Claude A. Lewis of the City of Carlsbad, a Municipal Corporation of the State of Califc known to me to be the personswho executed the within instrument on behz of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. and Aletha L. Rautenkranz WITNESS my hand the the official seal. ++ .............................. * * OFFICIAL SEAL 8 * KAREN R. KUNDTZ 3 NOTARY PUBLIC-CACIFOANIA t * * SAN DIEGO COUNTY : * MY Comm. Ex0 %PC 27. 1#9 * * .............................. I ? -I AlN d3 ? MNVE 0/&1 UNVB O/dO1 V I-IOd WIMI ,OS dil 11 .B V3ll3 . hl .- c c c> 1 c -0 .!- P