Loading...
HomeMy WebLinkAbout1993-09-21; City Council; 12398; APPROVAL OF JOINT USE AGREEMENT WITH SDG&E FOR A 69 KV ELECTRICAL TRANSMISSION LINE THE PALOMAR AIRPORT ROAD AND EL CAMINO REAL WIDENING PROJECT3 & !a $P 0 B 2 z 0 F 0 a g 8 z 3 ClZy OF CARLSBAD - AGEWA BILL AB i# - TITLE: APPROVAL OF JOINT USE AGREEMENT WITH DEPT. H MTG. 9/21/93 SDG&E FOR A 69 KV ELECTRICAL TRANSMISSION CITY A7 CITY MC DEPT' ENG RECOMMENDED ACTION: LINE THE PALOMAR AIRPORT ROAD AND EL CAMINO REAL WIDENING PROJECT Adopt Resolution No. %-ab5 approving a joint use agreement with SDG&E for tl portions of a 69 kV located within the City of Carlsbad on the Palomar Airport Road ai El Camino Real Widening, Project No. 3166. ITEM EXPLANATION: During discussions regarding the relocation of the 69 kV SDG&E transmission line aloi the southerly side of Palomar Airport Road near Business Park Drive SDG&E st discovered that a portion of the existing 69 kV transmission line easement is not locatl within the original Palomar Airport Road right-of-way. The new City right-of-wa) previously obtained from the adjacent property owners, are junior to SDG&E's senior, ai thus superior, easements. A mutually satisfactory solution was agreed upon to allow tl City and SDG&E to maintain and control their respective facilities. The agreeme provides that each agency is responsible for its own facility and that neither will damas the others facilities or unreasonably deny use or expansion of the use to the other. FISCAL IMPACT: The agreement does not generate construction costs in excess of those alreac presented to the City Council. Widening Palomar Airport Road beyond the six lanc contemplated in the Circulation Element of the General Plan would require the City to pi for the relocation of the transmission line. Such widening is not anticipated to t necessary, even at build-out traffic levels. If the joint use agreement is not entered in SDG&E could refuse the City permission to construct street improvements thus requirir the City to condemn the street right-of-way at a cost equivalent to the purchase of separate right-of-way for the transmission line . EXHIBITS: 1. Resolution No. 93-&5 approving a joint use agreement with SDG&E for a E kV transmission line on the Palomar Airport Road and El Camino Real Widenin! Project No. 3166. 2. Joint Use Agreement. 3. Location Map 5 . & 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 RESOLUTION NO. 93-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A JOINT USE AGREEMENT WITH SDG&E TO PROVIDE FORTHE JOINT USE OF CITY STREET RIGHT-OF-WAY AND FOR SDG&E TO QUITCLAIM AN EXISTING EASEMEM, WHEREAS, the City Council of the City of Carlsbad hereby finds it necessary, de: and in the public interest to cooperate with the San Diego Gas & Electric Corporation to fs the construction and operation of Palomar Airport Road and El Camino Real; and, WHEREAS, the City Council of the City of Carlsbad finds it necessary, desirable, the public interest to enter into an agreement with San Diego Gas & Electric Corporation 1 the joint use of a portion of Palomar Airport Road ; and WHEREAS, a joint use agreement with San Diego Gas & Electric Corporation he prepared and submitted hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ci California, as follows: 1. 2. That the above recitations are true and correct. That a joint use agreement between the City of Carlsbad and San Diegc Electric Corporation is hereby approved and the Mayor and City Clerk are authorii directed to execute said agreement. The City Clerk is further authorized and directed Ill Ill 111 Ill Ill /I/ Ill II > 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 forward copies of the signed agreement to San Diego Gas & Electric, attention John Burtor Box 1831, San Diego, California, 92112-4150, as well as the Engineering Departme processing. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C , 1993 by the following vote, to wit: held on the 21st day of SEPTEMBER AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT None ATTEST: ALETHA L. MUTE (SEAL) Recording Requested by City of Carlsbad When recorded, mail to: City Clerk's Office City of Carlsbad I200 Carlsbsd Village Ir. . Carlsbad. CA 92008 e 0 which is shown on Exhibit "A" attached hereto and made a part hereof., for the construction, operation, and maintenance of both parties' facilities in, over and across AREA, NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: In lieu of dedication or grant of easement, SDG&E and CITY hereby agree that a I public street may be constructed and maintained over, upon and across that portion of EASEMENT lying within the limits of STREET and SDG&E may construct and maintain overhead electrical transmission and distribution facilities within AREA subject to the following: In the event that the future use or alteration of AREA by the CITY for streets or public improvements incidental thereto shall at any time or times necessitate or rearrangement, relocation or reconstruction ~ of any of SDG&E's facilities or the acquisition of additional property easements, or both, pursuant thereto, the same shall be performed by SDG&E, or by any other party with the consent of SDG&E, at the cost of the CITY. In the event that the future use of SDG&Es easement or properties within STREET or AREA by SDG&E shall at any time or times necessitate a rearrangement, relocation, or reconstruction of the public improvements incidental thereto, the same shall be performed at the cost of SDG&E. All uses of said AREA by either party shall be such as will not permanently interrupt the use or operation of the facilities therein of the other party; uses of AREA by either party which temporarily interfere with the use of the other party Will be made only when reasonably necessary, will be performed in agreement with applicable laws, regulations, ordinances and standards pertaining to said uses and will be promptly terminated as soon as the necessity therefore no longer exists. SDG&E retains the right to review and approve of specific locations of all facilities over andl above those shown on drawing 314-3, titled "Plans for the Improvement of Palomar Airport Road and El Camino Real", which is on file in the office of the City Engineer of the City of Carlsbad, within AREA to avoid conflict with existing and future SDG&E facilities. Such approvals shall be granted by SDG&Es "Letter of Permission for Grading (a) (b) (c) (d) -2- 0 0 . and Construction of Improvements" and approvals shall not be unreasonably withheld. CITY retains the right to review and approve of specific locations of all facilities within STREET and AREA to avoid conflict with existing and future CITY facilities. Such approvals shall be granted by CITY'S Encroachment or Right-of-way Permit processes, as applicable. Approvals shall not be unreasonably withheld. If the CITY shall hereafter vacate, in whole or in part, AREA the CITY shall, in the vacation proceedings, reserve to SDG&E all rights given to SDG&E by this agreement. This agreement shall terminate all of SDG&E's rights against CITY in EASEMENT. Within six (6) months after the date of execution of this agreement, SDG&E shall record a quitclaim deed to all rights and privileges in EASEMENT and shall provide notice of such recording to CITY. The form of said notice shall be a certified copy of the recorded deed mailed to the City Engineer at: (e) (f) (g) City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by duly authorized officers. SAN DIEGO GAS & ELECTRIC CO., a California Corporation CITY OF CARLSBAD, By: &h& D-budfd Ralph D. Richardson, Supervisor Land Management APPROVED as to form: Ronald R. Ball CityA rney by: LR 7pq9 3 ' LW -3- 0 0 i X , personally know,n to me proved to me on the basis of satisfactory evidence to be the personw whose name($) is/= subscribed to the Within instrument and achowledged to me that helddky executed the same in hishaftkh authorized capacity(&), and that by hislhedhk signature($ on the instrument the person($, or the entity upon behalf of which the person(%) acted, executed the instrument. . 0 0 EXHIBIT 'APr Those certain 24.00 foot-wide and 4.00 foot-wide strips of land lying within the North half of the Southeast Quarter; the Southeast Quarter of the Northeast Quarter of Section 18; the Northwest Quarter of the Southwest Quarter; the Southwest Quarter of the Northwest Quarter of Section 17, both Sections being in Township 12 South, Range 3 West, San Bernardino Meridian, in the County of San Diego, State of California and also with the boundaries of Palomar Airport Road and San Marcos Boulevard, described as follows: Commencing at a 3/4 inch iron pipe with plastic plug "LS 3189" accepted as the Northwest comer of the Northeast Quarter of the Southeast Quarter of Section 18, Township 12 South, Range 3 West, San Bernardino Meridian, as shown on Parcel Map No. 15413, filed October 14, 1988 as File No. 88-526389 in the Office of said County Recorder, said comer bears North 89" 28' 54" West, 1327.69 feet (Record 1327.66 feet, according to said Parcel Map No. 15413) fiom the East Quarter comer of said Section 18; thence fiom said Northwest corner South 48" 05' 07" West, a distance of 309.41 feet; thence North 74" 17' 19" East, a distance of 10.00 feet to the TRUE POINT OF BEGINNING of the centerline of the herein described 24.00 food-wide strip of land; thence fiom said TRUE POTNT OF BEGl"G continuing North 74" 17' 19" East, a distance of 297.14 feet to a point herein designated as POINT "A"; thence North 80" 32' 22" East, a distance of 340.13 feet to a point herein designated as POINT "B"; thence North 89'12' 35" East, a distance of 230.17 feet to a point herein designated as POINT "C"; thence North 89" 30' 22" East, a distance of 260.13 feet to a point herein designated as POINT "D"; thence South 89" 10' 49" East, a distance of 519.99 feet; thence North 88" 47' 37" East, a distance of 259.88 feet; thence North 84" 21' 54" East, a distance of 261.82 feet to a point herein designated POINT "E". The centerlines of the herein described 4.00 foot-wide strips of land are described as follows: 1.) Beginning at the point described above as POINT "A"; thence North 12' 35' 10" West, a distance of 126.00 feet. Beginning at the point described above as POINT "B"; thence North 08O 07' 32" West, i distance of 167.00 feet. Beginning at the point designated above as POINT 'IC"; thence North 07" 03' 39" West, i distance of 154.00 feet. Beginning at the point designated above as POINT "D"; thence North 00" 09' 46" East, i distance of 125.00 feet. Beginning at the point designated above as POINT "E"; thence North 02" 29' 14" West, distance of 127.00 feet. 2.) 3.) 4.) 5.) [#zKM s \vlopkrru\parcclB doe] ? 0 v) W 74 a LJ u dcwm dc \ FILE1 928r,S,! FILE1 92868R I 93163 UK TU INSTALL1 JBB . --__ SAN DIEGO GAS & ELECTRIC nRIGsNATDRI TUsiZ-Yrn3Y7 R/W OK1 SAN DIEGU, CALIFORNIA RWS __-_-_ DATE1 AAW CARLSBAD & SAN MARCOS 1‘=300’ DRAWN BY1 DATE! SCALE1 THOXBROS- 2 0 -.Dl -. __._ 4-27-93--- - ---_ - - ___ ___ PALOMAR AIRPORT RD RELOCATION PALOMAR AIRPORT ROAD NO. SUPPLEMENTS 1 2 ADDED JOINT USE AREA FOR STUBS _._ - - -- .-__- __ _.__ __-- ----- SHORTENED JOINT USE AREA AT EAST END PER JBB ~ -___ ~ _-__________ p ___ _-_ - ___ -_ ---- -- ----- t‘KUJtC 1 010773- Cum 24104: DRAWXNCI L os-12 DATE1 BY 6-10-93 AAW - 8-12-93 AAW -- - - -- LOCATION MAP I CITY OF VISTA \\ 0 9 z 5 !& b rl a 0 > a3 r v) m > U r' 7 NOT TO SCALE PROJECT E: JOINT USE AGREEMENT NUMBER PROJECT NAME FOR SDG&E 69 kV TRANSMISSION LINE 3166 i DRAW BY SC0I-l EVANS, CARLSAD ENGINEERING DEPT.