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Home My WebLink About1997-11-18; City Council; 14432; Joint Use Of Real Property Poinsettia HillF .- 44 CITY OF CARLSBAD - AGENDA BILL 4 4 1B# Iv. Y32 rIITG. 11 /I 8197 IEPT. PW TITLE- AUTHORIZE THE MAYOR TO EXECUTE ?i AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SAN DIEGO GAS AND ELECTRIC FOR THE JOINT USE OF REAL PROPERTY CT 93-03, POINSElTIA HILL RECOMMENDED ACTION: CITY ATTY. ?w CITY MGR. Adopt Resolution No. 93 768-3 authorizing the Mayor to execute an Agreement between the City of Carlsbad and San Diego Gas & Electric for the Joint Use of Real Property located in Carlsbad for Tract No. 93-03 (Poinsettia Hill), City Drawing No. 354-9A, Precise Grading Plan sheet 1 of 19 and City Drawing No. 354-9, Improvement Plans sheets 2 & 5 of 21, copies of which are on file in the office of the City Engineer of the City of Carlsbad. ITEM EXPLANATION: The City of Carlsbad desires to enter into an agreement with San Diego Gas & Electric. The agreement provides for the joint use of the area common to both the SDG&E easement and the City’s dedicated street right-of-way for Cassia Road as indicated in Exhibit 4, for the construction, operation, and maintenance of both parties’ facilities in, over, under, and across the common area. This is needed because SDG&E has prior rights to the easement area in common. In the event that the future use or alteration of this area by the City for streets or public improvement shall cause impact to SDG&E’s facilities, SDG&E or any other party designated by SDG&E shall perform the work at the cost of the City. Reciprocally, in the event that the future use of this area by SDG&E shall cause impact to the City’s public improvements, those improvements shall be performed by the City or any other party designated by the City at the cost of SDG&E. FISCAL IMPACT: There is no fiscal impact to the City. EXHIBITS: Vicinity Map. Resolution No. 9 7 -68 3 authorizing the Mayor to execute an Agreement between the City of Carlsbad and San Diego Gas & Electric for the Joint Use of Real Property located in Carlsbad for Tract No. 93-03 (Poinsettia Hill). 3. Joint Use Agreement between the City of Carlsbad and San Diego Gas & Electric. 4. Location of SDG&E easement crossing Cassia Road. c-- LOCATION Mil’ r-l A I I I ii! I et !!I! VICINITY MAP PROJECT NAME PomsEmm AW BY: SCOTT EVANS CARL.%40 fNQNtXRlNG LW’L: IMA ~75~\OO?\UcPfUl’.Offi PROJECT EXHIBIT NUMBER rn34! 1 RESOLUTION NO. 97-683 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SDG&E. CT 93-03. POINSETTIA HILL. WHEREAS, the City of Carlsbad desires to enter into an agreement for the area common to both the SDG&E easement and the City’s dedicated street right-of-way for Aviara Parkway 7 and Cobblestone Road, located in Carlsbad for Tract No. 93-03 (Poinsettia Hill); and 8 WHEREAS, the agreement provides for the joint use of the area for the construction, 9 operation and maintenance of both parties’ facilities in, over, under and across the designated 10 area; and 11 WHEREAS, the formal Joint Use Agreement has been prepared. I 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 13 California, as follows: 14 1. That the above recitations are true and correct. 15 2. That the Mayor is authorized to execute the Agreement between the City of Carlsbad 1s and SDG&E for the project known as CT 93-03 (Poinsettia Hill). 17 3. The City Clerk of the City of Carlsbad is hereby authorized and directed to have the 1s agreement recorded. 19 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 20 II held on the 18th day of November , 1997 by the following vote, to wit: 21 AYES: 22 NOES: 23 ABSENT: 24 ATTEST: 25 Council None None Members Lewis, Finnila, Nygaard, Kulchin, and-Hall 26 27 ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 28 Exhibit 2 RECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Catlsbad Village Drive Carlsbad; California 92008 SPACE ABOVE FOR RECORDER’S USE APN: 215-020-21 THE UNDERSIGNED DECLARES CONSIDERATION IS LESS THAN $100 AND TRANSFER TAX IS NONE. JOINT USE AGREEMENT THIS AGREEMENT, dated n 0 c) , I ‘? jc? C; 3 , by and between SAN DIEGO GAS & ELECTRIC, a corporation (SDG&E), and THE CITY OF CARLSBAD, a municipal corporation (CITY), is made with reference to the following facts: A. SDG&E is engaged in the business of transmitting and distributing gas and electricity within the City of Carlsbad, County of San Diego, State of California, and has facilities for such purposes located in, upon, over, under, and across that certain easement and right-of-way granted to SDG&E per document Recorded December 30, 1957 as Document No. 175869, Book No. 5098, Page No. 278 and SDG&E document Recorded December 30, 1953 as Document No. 175868, Book No. 5098, Page No. 274, both of Official Records. B. CITY is now acquiring or has acquired, easements for public street purposes in, upon, over and across the real property described in Exhibit “A”, which is attached hereto and by this reference made a part hereof, and intends to construct, operate and maintain therein a public dedicated street the location of which is shown on Exhibit “B” attached hereto and made a part hereof. Co af 0~~6 /,qR c MA&~ -k &wdb /l-a5 - G-7 jLb5 - c-7-9 3 -03 Exhibit 3 4 C. The street dedication referred hereto is shown on Carlsbad Tract No. 93-03 (Poinsettia Hill) City Drawing No. 354-9A, Precise Grading Plan sheets 1 of 19 and City Drawing No. 354-9, Improvement Plans sheets 2 & 5 of 21, copies of which is on file in the office of the City Engineer of the City of Carlsbad. D. CITY and SDG&E desire to provide for the joint use of the area common to both the SDG&E easement and right-of-way and the CITY’s dedicated street right-of- way for the construction, operation, and maintenance of both parties’ facilities in, over, under, and across the aforesaid common area. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: In lieu of dedication, SDG&E hereby consents that a public street may be constructed and maintained over, upon and across that portion of SDG&E’s aforementioned easement and right- of-way lying within the limits of the proposed public street as shown on said Exhibit “B” 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 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. (b) In the event that the future use of SDG&E’s easement or properties 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. (4 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 said area by either party which temporarily interfere with the use of the other party will be made only when reasonably necessary and will be promptly terminated as soon as the necessity therefore no longer exists. -2- !? . . 0 63 SDG&E retains the right to review and approve of specific locations of all facilities within its easement to avoid conflict with existing and future SDG&E facilities. Such approvals shall be granted by SDG&E’s “Letter of Permission for Grading and Construction of Improvements” and approvals shall not be unreasonably withheld. (4 If the CITY shall hereafter vacate, in whole or in part, the area which is occupied by SDG&E’s easement, the CITY shall, in the vacation proceedings, reserve to SDG&E all rights owned by SDG&E prior to the execution of this agreement. (f) Except as expressly herein set forth, this agreement shall not in any way alter, modify, or terminate any of SDG&E’s rights in said area. 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 I? Executed by CITY this -‘I day of hD JQh see 1997 ATTEST: By: o,a=dL, Aletha L. Rautenkranz, City Clerk APPROVED as to form and legality this -lgth day of November ,I997 By: &as Ronald R. Ball, City or&y DRAWN BY: John I. Hcmandez DATE: 0c10thx 28,1997 R/W NO.: 31563 A.P. NO.: 2 15-020-2 I -3- STATE OF California) COUNTY OF San Diego)ss. iZ2&Z$ZL~fZYZ; ~iEt-[’ Victoria’ appeared John B. Burton, personally known to me X proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature +g &5 7 EXHIBIT “A” LEGAL DESCRIPTION BEING A PORTION OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 23, TOWNSHIP 12 SOUTH RANGE 4 WEST SAN BERNARDINQ MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND 50.00 FOOT WIDE LYING 20.00 FEET SOUTHEASTERLY AND 30.00 FEET NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; THENCE ALONG THE SOUTHERLY LINE THEREOF, NORTH 89”31’30” WEST, 188.00 FEET TO A POINT OF CUSP WITH A 300.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH OO”28’30” WEST; THENCE LEAVING SAID SOUTHERLY LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50”27’06” A DISTANCE OF 264.16 FEET TO A POINT ON .THE SOUTHWESTERLY LINE OF AN EXISTING 200.00 FOOT WIDE EASEMENT IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED JANUARY 15, 1954, DOCUMENT NO. 5949, IN BOOK 5112, PAGE 596 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02”57’15” A DISTANCE OF 15.47 FEET; THENCE NORTH 37”04’09” EAST, 100.98 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17”54’35” A DISTANCE OF 93.78 FEET TO A POINT ON THE PAGE 1 OF 2 :DA \\PCSERVER\MAPPINGVegals\l751X)08 Poinsettia HiII\AOS.DOC WO 1751-8 1 l/6/97 NORTHEASTERLY LINE OF SAID 200.00 FOOT WIDE SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT SAID POINT BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID 50.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHWESTERLY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT AND iHE NORTHEASTERLY IN THE NORTHEASTERLY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT. JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :DA \\PCSERVER\MAPPINGLe9als\l751\008 Poinsettia HiIlIAO5.DOC WO 1751-8 11/6/97 4 w OF s 106m . -2 PAWGEl ti PM 0iB8 CASSIA ROAD PER CONDEMNATION RECORDED 4/12/96 DOCY 1996- 0181733 OF 0-R. EXIST. 30’ CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT REC. 7/21/5 AS DOC. NO. 116502 OF O.R. NOTE: THERE ARE NO EXISTING BUILDINGS HUNSAKER % ASSOCIATES SAN DIEGO, INC. PLANNING - ENGINEERING - SLJRVEYINC 10179 HUh’NNEKEhQ STREET - SAN DIIiEO. CA 92121 (619) 558-4500 - FAX (619) 556-1414 DEDlCAllON PLAT - CITY OF CARLSBAD {PPLICANT : PREPARED By: PROJECT: A.P.N.: SESTERN PACIFIC HOUSING 335 CAMINO VIDA ROBLE CASSIA ROAD 21 S-020-21 WITE 1107 :ARLSBAO. CA 92007 EXPIRES: g/30/99 PR.3.4.295 (619) 929-1600 EXHIBIT ” B” ._lr.- OL- 17c.- PIL, 17nnc w 0 L/w-u’\ 0, San Diego Gas & EIeciric INTERNAL CORRESPONDENCE To M. A. Uyd DATE tin c *< u, i OL;::; Lane Szrvi;~s Dc~amnc~: Xpril 17, 1990 FiTOk- S. D. Davis SuwEcr DELEGATION OF ST, AUTHORITY Im an effort to streamline our document signing process and to delegat- e signature authority to appropriate levels, a Quick Action Team (QAT) was formed in our department to address the matter. The QAT identified thirty-three documents that are utilized routinely in the Land Services Department. Each document was analyzed and evaluated based upon such factors as: dollar risk, levels of approval prior to execution, public relations exposure and significance of transaction. A description of each document and an evaluation factor list is attached. of the thirty-thre, a documents reviewed, the first eleven are deemed to be at the appropriate leva and are not recommended for change. However, the remaining twenty-two documents are recommended for change to more efficiently and effectively be transacted by front-line employees and/or their immediate superiors without any significant loss in the benefits associated with multiple approval levels. Of the twenty-two, six formerly reguired your signature and dealt with purchases, sales, leases and licenses of property. Over the past three years, 95% of these types of transactions would have fallen below the $250,000 limit (formerly $100,000) designated for Manager approval. In order to implement these changes the signatures of T. A. Page, J. E. Tnomas and yourself are needed. This memo will supersede a prior delegation of signature authority memo to J. E. Hamrick, dated December 5, 1986. @iJz.i<&%; Steven D. Davis, Manager Land Services Department Ext. 2494 SDD:kms Attachment M. A. Kyd -2- APPROVED: Executivzice President & \ i Chief Ex&tive Officer ,.K- Qhairman, President & April 17, 1990 dl3 Isr5- iate & -go - pc Date Date Administrative Sianature Level Existina 1. 2. 3. 4. 5. 6. Kk li! 9. g10. )( 11. y 12. 13. 14. 15. 16. 17. 18. #y9. p( 20. j( 21. x.22. X 23. )( 24. )( 25. )d 26. )( 27. 28. 29. New 1 Quitclaim Deed ....................... .MaGer Grant of Easement ..................... .Manager' Escrow Document for Sale, Purchase or Lease of Property .. .Manager Railroad, Telephone Company, and State and Federal Agency License Agreements .................... .Manager Option Agreement for Purchase, Sale or Lease of Property (s2501c) ......................... -Manager . Subordination Certificate -. ................ .Manager . MTDB Facilities Relocation Agreement and Amendments .... .Manager ~' Right of Way Use Agreement ................. .Supervisor Estoppel Certificate .................... .Supervis'r Joint Use Agreement .................... I .Supervis r Subdivision Map ...................... .Supervis r 0 Acceptance of Land Use Permit Conditions .......... .SupervisOr License Agreement for Use of Co. Prop. ($2501:) ....... .Manager ' Lease of Real Property for Co. Use ($250~) . ......... .Manager Lease Agreement for Company Property ($250~) i-1 ...... .Manager ' Property Sales/Purchase Agreement ($250~) . .': ....... .Manager Memorandum of Mortgage, Lease and Deed of Trust ~ ...... .Manager ' Encroachment Removal Agreement ............... .Manager ' Port District Easement, Permit and License ......... .SupervisOr School District License Agreement ............. .Supervisor Utility Agreement and Service Contract (or Agreement) ... .Supervisor Consent to Common Use Agreement .............. .Supervi& Assignment of SDG&E Easement ................ .Supervis'r Lease Assignment ...................... .Supervis r Lease and License Amendment ................ I .Supervis r Broker Sales, Contracts and Listing Agreements ........ .Supervisor State Highway Right of Way Contract ............ .Supervisor M M M M M M M S S S S s : VP VP VP VP VP VP M M M M M M M M M Application for Governmental Agencies Land Use Permits . . . .Represen$ative M Various Governmental Agency Forms Associated with I Land Use Permit Application . . . . . . . . . . . . . . . .Representative M 30. Right of Entry Permit . . . . . . . . . . . . . . . . . . . .Representative M 31. Consent Letter . . . . . . . . . . . . . . . . . . . . . . . .Representative S 32. Letter of Permission for Grading . . . . . . . . . . . . . . .Representative S 33. Letter of Permission to Use Public Utility Easement . . . . .Represen?ative S RECOMMENDATION FOR SIGNATURE AUTHORITY LNEi 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. 25. 26. 27. 28. 29. 30. 31. 32. 33. : , h - 5 ;6c, EVALUATION FACTOR LIS- .z - r !d < D-4 .4 c! lam ," a 4JJ EE 8 Gc; leFe-l El: F 338 2 Dal 4;u; c4c cc Qui tcl aim Deed ........................ Grant of Easement ...................... Escrow Document for Sale, Purchase or Lease of Property ... Rail road, Telephone Company, and State and Federal Agency License Agreements ...................... Option Agreement for Purchase, Sale or Lease of Property ($5OOK) ............................ Subordination Certificate .................. MTDB Facilities Relocation Agreement and Amendments ..... Right of Way Use Agreement .................. Estoppel Certificate ..................... Joint Use Agreement ............... ; ..... Subdivision Map ....................... Acceptance of Land Use Permit Conditions ........... License Agreement for Use of Co. Prop. (SSOOK) ........ Lease of Real Property for Co. Use (SSOOK) ........... Lease Agreement for Company Property (SSOOK) -,: ........ Property Sal es/Purchase Agreement (S5OOK) .......... Memorandum of Mortgage, Lease and Deed of TFust ....... Encroachment Removal Agreement ................ Port District Easement, Permit and License .......... School District License Agreement .............. Utility Agreement and Service Contract (or Agreement) .... Consent to Common Use Agreement ............... Assignment of SDG&E Easement ................. Lease Assignment : ...................... Lease and License Amendment ................. Broker Sales, Contracts and-listing Agreements ........ State Highway Right of Way Contract ............. Application for Governmental Agencies Land Use Permits .... Various Governmental Agency Forms Associated with Land Use Permit Application ............... Right of Entry Permit .................... Consent Letter ........................ Letter of Permission for Grading ................ Letter of Permission to 'Use Public Utility Easement ..... - 1.' Qui tclaim Deed 2. Grant of Easement 3. Escrow Document for Sale, Purchase or Lease of Property 4. Railroad, Telephone Company, and State and Federal Agency License Agreement 5. Option Agreement for Purchase, Sale or Lease 6. Subordination Certificate 7. MTDB Facilities Relocation Agreement and Amendments 8. Right of Way Use Agreement 9. Estoppel Certificate 10. Right of Way Use Agreement 11. Subdivision Map A deed used to transfer an} ?terest in real property that Grantor may have.. This document is prepared by SDG&E. Easements to public agencies for roads, pipelines, etc., across SDG&E fee owned rights-of-way or other property. Authoritation and instructions for a third party (escrow holder) to hold funds and documents pending title search and other actions, to deliver funds to the seller and deliver grant deed or lease to the purchaser at the close of the transaction. Agreements which authorire the encroachment of Company facilities on railroad property or on State or Federal lands subject to specified terms and conditions. Contract by which a property owner grants another person the right to purchase property for a specific sum within a specified time period, but without imposing an obligation to purchase, sell or lease. A certificate (statement) to be placed on a subdivision map when SDG&E has existing easements crossing the proposed subdivision. Agreements which define'the costs and responsibilities for relocation of SDG&E facilities. due to MTDB construction of light rail facilities. l A recorded document that allows major encroachments within an SDG&E easement. A certificate that acknowledges certain existing facts and statements, which prevents (estops) the signer from disputing those facts and statements at a later date. SDG&E uses this certificate to confirm existing lease(s), history of default of rents, date rents are paid, etc. A signed statement by a party to a transaction, such as a tenant or mortgage, certifying for the benefit of another party that a certain statement of facts is correct as of the date of the statement, such as that a lease exists, that there are'no defaults and that rent is paid on a certain date. Delivery of the statement by the tenant prevents (estops) the tenant from later claiming a different state of facts. A recorded document that allows major encroachments within SDG&E easement. Map prepared by a property owner or his developer to divide a piece of property into various parcels of land to allow residential, commercial or industrial development to occur on the new parcels. SDG&E signs various statements on the map, depending on the type of circumstance, that protects our existing gas and electric distribution and transmission easements within the map area. 12: 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. - Acceptance of Land Use Permit Conditions License Agreement for Use of Company Property Lease of Real Property for Company Use Lease Agreement for Company Property Property Sale/Purchase Agreement Memorandum or Mortgage and Deed of Trust, and Memorandum of Lease and Options Encroachment Removal Agreement Port District Acknowledges acceptance of conditions of these standard Easement, Permit documents prepared by the San Diego Unified Port District and License that grants SDG&E rights on tidelands property. School District A standard document prepared by SDG&E that grants SDG&E License Agreement easement rights on school district lands. Utility Agreement Standard form California Department of Transportation and Service contracts that specify rights and responsibilities of SDG&E Contract (or Agreement) when relocating facilities in state highways or in providing service to the State. Consent to a Common Use Agreement Certain agencies attach con-.tions to their approval of applicant land use entitlements and permits such as landscape requirements, timing of construction and screening of the proposed facility. Applicant must sign the permit accepting the conditions. Agreements that allow use of SDG&E fee owned property for specified purposes in exchange for payments of rent. (These documents are similar to a lease, except that Section 851 of the Public Utilities Act does not allow a utility to lease useful property to others without first having secured permission from the CPUC.) Documents prepared by others to lease office space and other land or facilities to the Company. These documents are individually reviewed in accordance with Corporate Policy +32. Leases may also include short term lease of construction yard sites and other minor uses by the Company where the leases are usually prepared by SDG&E. Conveys an interest in Company real property to another i party when it has been determined that the property is not useful or needed for utility purposes. Specifies both responsibilities of landlord (SDG&E) and tenant, such as rental rate, term of occupancy, etc. A contract or offer to-Isell/purchase real property from another. The agreener& defines the specific property, buyer and: seller, purchase price, time and manner of payment among other things. Can Serve as escrow instructions. Memorandum of Mortgage and Deed of Trust acknowledges that all of the Company's properties are subject to SDG&E's first mortgage. This document is recorded along with the grant deed whenever SDG&E purchases real property. The document is recorded to notify anyone concerned that a lease or option exists (or existed) on the property. An agreement between a property owner (SDG&E) requesting permission from a local governmental agency to install SDG&E facilities in a public right of way that provides for removal of those facilities if requested by the governmental agency. A State Department of Transportation document similar to a Joint Use Agreement (*lo), however, CalTrans grants SDG&E broader rights. Ib I . . ‘. *. '23. Assignment of Assigns (by previously approvJ agreement) SDG&E SDG&E Easement distribution easement rights to another party. 24. Lease Assignment 25. Lease and License Amendment Transfers real property interest in an existing lease to another party who becomes the new tenant assuming all responsibility of the original tenant. Amends terms and conditions of the original lease to reflect changes in the life of the lease or other modifications to terms or conditions. 26. Broker Sale, Signed contract with real estate broker to sell or lease Contract, and real property, as agent, for percentage of sale as Listing Agreement commission. 27. State Highway Right of Way Contract Contract between SDG&E and the State that specifies amounts of payment, liability provisions and other conditions of land rights transactions between the State and SDGSIE. The contract accompanies easements and other land rights grantEd from one party to the other. 28. Application for Governmental Agencies Land Use Permits Applications to governmental agencies requesting approval of a proposed SDG&E project or land use that is under the agency's legal jurisdiction. Some examples of these permits and land use entitlements are: zone changes, variances, conditional use permit, state coastal permit, building permit, highway crossing permit, excavation/encroachment permit, U. S. Army Corp9 of Engineers permit, etc. Various forms that must'be completed by an applicant or owner in conjunction with an application for a land use permit such as statements representing that signatore is an authorized agent of SDG&E, statements relieving the governmental agency of liability, hazardous materials questionnaire, BIA applicant certification and other forms requiring the owner's signature. 29. 30. 31. 32. 33. Various Governmental Agency Form Associated With Land Use Permit Application Right of Entry Permit Consent Letter Allows minor encroachments within SDG&E easements. Letter of Permission for Grading Letters allowing developers and others the right to grade on fee owned and easement property. Letter of Permission to Use Public Utility Letters permitting property owners the use of their property where an easement exists to SDG&E, Pacific-Bell and other agencies for utility purposes. These permission are granted when SDG&E does not use or plan to use the easements for their facilities. - A State Department of Transportation letter or a letter from a similar governmental aaency permitting SDG&E access over government property (similar to SDG&E's consent letter, 31). - . -. ----- pj$&i i pM 5vil~~ u uw\rr CASSIA ROAD P-. ‘ER CONOEMNATION --. .--. ._ _ --. _ mmnm d/43/w nncs 4ax- ..-VW..--- 7, a-, -- -WV” -w-w 0181733 OF O.R. / z EXIST. 30’ CARLSBAD MUNICIPAL % WATER DISTRICT EASEMENT REC. 7/21/58 AS DOC. NO. 116502 OF 0-R. &',57,;!= -. - J /' NOTE: THERE ARE NO EXISTING BUILDINGS WITHIN THE PROPOSED DEDICATION INDICATES STREET DEDICATION CROSSING SDGCE EASEMENT PLANNING - ENGINEGRING - SURVEYING 10179 HUENNEhTNS STRA'ET - SAN DXitW. CA 92121 (619) 556-4500 - FAX (619) 558-1414 iPPLlCANT : DEDICATION PLAT - CJTY OF CARLSBAD IPREPARED BY: 1 PROJECT: 1 A.P.N.: 'ESTERN PACIFIC HOUSING 1385 CAMINO VIOA ROBLE ;UITE 1,107 ARLSBAD. CA 92007 ,619) 929-1600