The URL can be used to link to this page

Home My WebLink About1997-11-18; City Council; 14431; AUTHORIZE THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SAN DIEGO GAS AND ELECTRIC FOR THE JOINT USE OF REAL PROPERTY (CT 84-32 COBBLESTONE SEA VILLA.+ 1 % fli CI q Y OF CARLSBAD - AGENDh ILL AGREEMENT BETWEEN THE CITY OF CARLSBAD MTG. 1 1 /I 8/97 AND SAN DIEGO GAS AND ELECTRIC FOR RECOMMENDED ACTION: Adopt Resolution No. 43-(082 authorizing the Mayor to execute an Agreement bf City of Carlsbad and San Diego Gas & Electric for the Joint Use of Real Property Carlsbad for Tract No. 84-32 (Cobblestone Sea Village Units 1 & Z), City Drawing No. 3~ 3 of 31 and sheet 5 of 31, copies of which are on file in the office of the City Engineer of ITEM EXPLANATION: The City of Carlsbad needs to enter into an agreement with San Diego Gas & Ell agreement provides for the joint use of the area common to both the SDG&E easeme City’s dedicated street right-of-way for Aviara Parkway and Cobblestone Road as it Exhibit 4, for the construction, operation, and maintenance of both parties’ facilities in, o and across the common area. This is needed because SDG&E has prior rights to the area in common. In the event that the future use or alteration of this area by the City for street: improvement shall cause impact to SDG&E’s facilities, SDG&E or any other party de5 SDG&E shall perform the work at the cost of the City. Reciprocally, in the event that the of this area by SDG&E shall cause impact to the City’s public improvements, those imy shall be performed by the City or any other party designated by the City at the cost of SD FISCAL IMPACT: There is no fiscal impact to the City. a 1. Vicinity Map. Resohtion No. 9 3 -692 authorizing the Mayor to execute an Agreement bc 9 2 a City of Carlsbad and San Diego Gas & Electric for the Joint Use of Real Propert) Carlsbad for Tract No. 84-32 (Cobblestone Sea Village Units 1 & 2) Joint Use Agreement between the City of Carlsbad and San Diego Gas & Electric Locations of SDG&E easement crossing Cobblestone Road and Aviara Parkway. EG & 3. 4. z 0 F i3 2 J z 3 0 0 t CITY OF OCUNSIDE LESTONE SEA VILLAGE 1 . 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 0 e RESOLUTION NO. 97-682 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF VILLAGE UNITS 1 & 2 CARLSBAD AND SDG&E, CT 84-32, COBBLESTONE SEA WHEREAS, the City of Carlsbad desires to enter into an agreement for the arc to both the SDG&E easement and the City’s dedicated street right-of-way for Avia and Cobblestone Road, located in Carlsbad for Tract No. 84-32 (Cobblestone Sea ’ 1 & 2); and WHEREAS, the agreement provides for the joint use of the area for the ( operation and maintenance of both parties’ facilities in, over, under and across thc area; and WHEREAS, the formal Joint Use Agreement has been prepared. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is authorized to execute the Agreement between the Cit and SDG&E for the project known as CT 84-32 (Cobblestone Sea Village Units 1 & : 3. The City Clerk of the City of Carlsbad is hereby authorized and directel agreement recorded. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac held on the 18th day of November , 1997 by the following vote, to wit: AYES: Council Xembers Lewis, Finnila, Nygaard, Kulchin, aad NOES: None ABSENT: None AlTEST: ~iWmu.i!k~~~~ 7 (SEAL) . / .> EXH 1 e 0 RECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 SPACE ABOVE FOR RECORDE' APN: 2 12-040-30 THE UNDERSIGNED DECLARES C9SSIZ)ZRATION IS LESS THAN $100 AND TRANSFER TAX IS NONE. JOINT USE AGREEMENT THIS AGREEMENT. dated November 19, 1997 ELECTRIC, a corporation (SDG&E), and THE CITY OF CARLSBAD. a corporation (CITY), is made with reference to the following facts: .. by and between SAN DIEG( A. SDG&E is engaged in the business of transmitting and distributinl electricity within the City of Carlsbad. County of San Diego, State of ( and has facilities for such purposes located in. upon. over. under, and i certain easzr;,t.:ir and :igk.:-ot'-way grant4 10 SD~LG per uxument August 14. 1957 as File/Page No. 122214 and SDG&E document April 15. 1954 as FileiPage No. 49242, boui of Official Records. 'or B. CITY is now acquiring or has acquired, easements for public street pi upon, over and across the real property described in Exhi'l.it '*A*, attached hereto and by this reference made a part hereof, and construct. operate and maintain therein a public dedicated street the which is shown on Exhibit "B" attached hereto and made a part hereof IC t' ,.- {i. $j.i:ci fi /<':'L/,Q,? A' :'- L'J -~* I. / <Lt &(I; &I- < -_1_4 EXHI ;e.> 'A- 'LliS is i .d 'L I 0 e C, The street dedication referred hereto is shown on Carlsbad Tract NO. (Cobblestone Sea Village Units 1 & 2) City Drawing No. 345-9, sheets : and sheet 5 of 31, copies of which is on file in the office of the City Engi the City of Carlsbad. CITY and SDG&E desire to provide for the joint use of the area common the SDG&E easement and right-of-way and the CITY'S dedicated street r way for the construction, operation, and maintenance of both parties' facil over, under, and across the aforesaid common area. D. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledj parties hereby agree as follows: In lieu of dedication, SDG&E hereby consents that a public street may be construc maintained over, upon and across that portion of SDG&E's aforementioned easement an of-way lying within the limits of the proposed public street as shown on said Exh hereinafter referred to as area subject to the following: (a) In the event that the future use or alteration of said area by the CITY for s public improvements incidental thereto shall at any time or times nece: rearrangement, relocation or reconstruction of any of SDG&E's facilitit acquisition of additional proyerty easements, or both, pursuant thereto, 1 shall be performed by SDG&E, or by any other party with the co SDG&E, at the cost of the CITY. In the event that the hture use of SDG&Zs easement or properties by shall at any time or times necessitate a rearrangement, reloct reconstruction of the public improvements incidental thereto, the same performed at the cost of SDGSLE. All uses of said area by either party shall be such as will not permanent13 the use or operation of the facilities therein of the other party; uses of sai either party which temporarily interfere with the use of the other part made only when reasonably necessary and will be promptly terminated I the necessity therefore no longer exists. (b) (c) -2- e e (d) SDG&E retains the right to review and approve of specific locations facilities within its easement to avoid conflict with existing and fbture S facilities. Such approvals shall be granted by SDG&E’s “Letter of Permiss Grading and Construction of Improvements” and approvals shall I unreasonably withheld. If the CITY shall hereafter vacate, in whole or in part, the area which is oc by SDG&E’s easement, the CITY shall, in the vacation proceedings, res SDG&E all rights owned by SDG&E prior to the execution of this agreeme Except as expressly herein set forth, this agreement shall not in any wa modify, or terminate any of SDG&E’s rights in said area. (e) (0 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed 1 authorized officers. SAN DIEGO GAS & ELECTRIC CO., Executed by CITY this igth day c a California Corporation NovdPr 1997 CITY OF CARLSBAD, c 2.. ~ Claude A. Lewis, Mayor By: c h&T& John B. B on, Supervisor RealEst te anagement ITTEST: <,- 1 i, / Aletha L. Xaici-x. .,:. :. C i;; \ By: h .a - !-I&-& APPROVED as to form and legality this 7 day of /?-, 4 &fl?>’f,# ,19f?’ // i By: //J,J&$d2 ( a Ropald R. Ball, City Attorney -3- 0 0 STATE OF California) COUNTY OF San Diego)ss- On ?/?A/’? 7 before me Linda F. Victoria, Notary Public (name, title of officer), appeared John B. Burton, X personally known to me proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to he executed the same in his authorized capacity(ies), and that by his signature on the ins1 the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature 0 a EXHIBIT “A” LEGAL DESCRIPTION (PAC WEST) BEING THE REMAINDER PARCEL OF PARCEL MAP NO. 15661, IN THE CI- CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFF1 THE COUNTY RECORDER OF SAID COUNTY, MAY 5,1989. 3 3 PAGE 1 OFX , DA M .\LEGALS\1758\002AI 2. DOC WO 1758-2 3/27/97 0 0 EXHIBIT (‘A’’ LEGAL DESCRIPTION (LAUREL TREE) PARCEL 1 OF PARCEL MAP 15661, IN THE CITY OF CARLSBAD, COUNTY OF SAN I: STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF COUNTY, MAY 5,1989. 7 - - -7 PAGE X OF ‘1- DA M \LEGALS\I758\LTREE,DOC WO 1758-2 3/27/97 0 0 EXHIBIT “A” LEGAL DESCRIPTION (KELLY) BEING A PORTION OF PARCELS 1 AND 2 OF CERTIFICATE OF COMPLIANCE RECC SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS OF SAN COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIF0 7 7 73 PAGE 1, OF ’1. DA M \LEGALS\I 758\KELLY DOC WO 1758-2 3/27/97 I @><HI 6lT ‘I 0’’ SDGGE EASEME CROSSING I COBBLESTONE LAUREL TREE PRO1 / 1 / / / / , PAC WEST PROPERTY fA4C I CI \ \ IC \,s CROSSING 0 SDGGE EA~MENT CROSSING AVIARA PARKWAY ,\ -- --- \ \ 1 - \ \ \ JOINT USE KELLY PROPERTY \ \ \ I p \ I I EXHIBIT 4 SHEET 2 OF 2 94cc IC