HomeMy WebLinkAbout1999-01-05; City Council; 14993; Joint Use Agreement With SDG&ECl,f OF CARLSBAD - AGENDAiLL
AB# /qe 9 Lj3 TITLE:
APPROVAL OF A
MTG. l/05/99 JOINT USE AGREEMENT WITH SDG&E CITY ATTY. b fidL
DEPT. ENG I CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 9 9 d 6 approving a joint use agreement with SDG&E within Black Rail
Road adjacent to the Moore property.
ITEM EXPLANATION:
The City recently completed the acquisition of the Moore property for the purpose of constructing
Black Rail Road south of Poinsettia Lane. The property acquired from Mr. Moore is encumbered
with an easement which was previously granted to San Diego Gas and Electric (SDG&E)
Company.
SDG&E was unwilling to subordinate their prior interest in Mr. Moore’s property to the City. In lieu
of initiating condemnation procedures to obtain subordination of the SDG&E easement rights, staff and SDG&E prepared the attached Joint Use Agreement for Council consideration.
The agreement provides for the joint use of the City right-of-way with SDG&E adjacent to Mr.
Moore’s property. The agreement specifies that the cost to relocate SDG&E facilities will be borne
by whichever party has the need to move the facility. Other than this one provision, the agreement
is essentially similar to the basic franchise use of City right-of-way by SDG&E.
Staff believes the proposed agreement adequately addresses the needs of the City and
recommends Council approval of the agreement as presented.
FISCAL IMPACT:
There is no immediate fiscal impact resulting from the approval of the proposed agreement. Some
additional future costs may accrue to the City in the event that a City initiated improvement within
Black Rail Road requires the relocation of an existing SDG&E facility.
EXHIBITS:
1.
2.
Location Map.
Resolution No. 9 7 / ch approving a joint use agreement with SDG&E within Black Rail
Road adjacent to the Moore property.
3. Joint Use Agreement with SDG&E.
NOT TO SCALE
PROJECT NAME SDG&E JOINT USE AGREEMENT IN EXHIBIT
BLACK RAIL ROAD I
IWN By: SCOTT EVANS, CARLSBAD ENGlNEERlNG DEPT.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the mayor is authorized to sign the Joint Use Agreement with SDG&E
covering the area of the Moore dedication for Black Rail Road.
3. That the City Clerk is authorized to record the agreement and to send a copy of
the signed agreement to C. Larry Davis of SDG&E.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
20 I/ held on the 5 thday of January
AYES: Council Members Lewis, Nygaard, Finnila, Hall .S Kulchin
21
22
23
24 CL(BrdwA. LEWlS,&&o~
25
26 II AT-TEST: _.
27
28
RESOLUTION NO. 99-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A JOINT USE
AGREEMENT WITH SDG&E WITHIN BLACK RAIL ROAD
ADJACENT TO THE MOORE PROPERTY.
WHEREAS, the City has acquired a easement from Mr. Moore along Black Rail Road for
public road purposes; and
WHEREAS, the area of the Moore easement acquisition contained a prior existing
easement granted to SDG&E; and
WHEREAS, SDG&E was unwilling to subordinate their interest in said easement to the
City; and
WHEREAS, SDG&E has consented to enter into a Joint Use Agreement to jointly share in
the use of the Black Rail Road easement adjacent to the Moore property.
1 199s by the following vote, to wit:
KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
e CP # 6 Recordin Qa !!I
uested by
City of C sbad
-ORIGINAL
DONOTRECORD
When recorded, mail to:
San Diego Gas & Electric
P. 0. Box 1831
San Diego, CA 92112
Attn: Linda Victoria
SPACE ABOVE FOR RECORDERS USE
APN: 215-080-17
THE UNDERSIGNED DE-S
CONSIDERATION IS LESS THAN
$100 AND TRANSFER TAX IS NONE.
JOINT USE AGREEMENT
TIES AGREEMENT, dated January 5, 1999 , 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 easements and right-of-way
granted to SDG&E per documents recorded 1) June 24,1965 at File/Page No. 1130 18, and 2)
recorded March 3 1,1966 at File/Page No. 54149 both of OfIicial 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 hereoc and
C. The street dedication referred hereto is shown on City Drawing No. PR 3.4.283, a
copy of which is on file in the office of the City Engineer of the City of Carlsbad,
and
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 subordination of their easement rights, SDG8zE 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:
60 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
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.
w 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.
09 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.
-2-
(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 proceed@, reserve to
SDG&E all rights owned by SDG&E prior to the execution of this agreement.
0 Except as expressly herein set forth, this agreement shall not in any way alter,
modii, 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,,$~ration ,
Claude A. Lewis
Name
Carlsbad City Mayor
Title
DATE: October 26,1998
R/W NO.: 60601 and 62938
DWG. NOS.: C-2133A, A-1337
STATE OF California)
COUNTY OF San Diego)=,
On October 26.1998 before me Linda F. Victoria,
Notarv Public (name, title of officer),
aPP=d John B. Burton .
personally known to me LFV
to be the person(s) whose name(s) 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(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and ol?kial seal.
Sign&u
EXHIBIT “A”
LEGAL DESCRlPTfON OF BLACK RAIL ROAD : MOORE PARCEL
PR.3.4.283
THOSE PORTIONS OF PARCEL 3 AN0 4 (DEDICATION PARCELS) DESCRIBED HEREIN
LYING \h?THlN PARCELS 1 AN0 2 (OWNERSHIP PARCELS) OESCRl6ED HEREIN.
PARCEL 1 (OWNERSHIPPARCEL) ~ .
THE NORTHERLY 180.00 FEET OF THE WESTERLY 257.00 FEET OF THE SOUTH HALF
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF .FRACTlONAL
SECTION 22, TOWkHIP 12 SOUTH, *RANGE 4 WEST, SAN BERNARDINO -;;ASE AND
MERIDIAN, IN THE CITY OF CARLS8AQ COUNTY OF SAN DIEGO, STATE OF
CALlFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY:
PARCEL 2 (OWNERSHIP PARCEL)
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 22. TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AN0 MERIDIAN, IN THE C#TY OF CARLSBAD, COUNTY 0F:SAN
DIEGO, STATE Of CALIFORNIA, ACCORDING TO OFFICIAL PL4T MEREOF;~OESCRIB~ED~:.
AS FOLLOWS:
BEGINNiNG AT THE SOUTH QUARTER CORNER OF SECTlON 22; THENCE NORTHERLY
ALONG THE NORTH-SOUTH CENTER LINE OF SAID SECTION 22, NORTH 2’18’55* WEST.
1041.37 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89’55’47”‘EAST
250.00 FEE% THENCE SOUTH 0'04'13' WEST TO THE SOUTH LINE OF SAID NORTH HALF
OF~E~~OU~WEST QUARTEROFTHE S~~~EASTOUARTER;THENGE:WESTERLY
ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF SAlD NORTH HALF;
THE&J& NORTHERLY ALONG SAID .NORTl-l-SOUTH CENTER LINE OE,SECTION 22 TO
THE TRUE POINT OF BEGINNING.
EXCEPTING THAT PORTION LYING NORTHERLY OF A LINE DESCRIBED AS FOLLOWS:
PAGE 1 OF 3
:DA bPCSERVER’MAPPINGUegaIs\161 tV)OaRMOORE.doc
WO 16114 6/S/97
l
. * ? .’ .
. A- 4
. .
.
BEGlNNlNG AT A POINT ON THE EAST LINE OF THE ABOVE DESCRIBED LAND WHICH lS .
b DISTANT THEREON SOUTH 0’04’13’ WEST 350 FEET FROM THE NORTHEAST CORNER
THEREOF; THENCE NORTH 87’51’ WEST 235.93 FEET TO THE NORTH-SOUTH CENTER
LINE OF SECTION 22.
PARCEL 3 (DEDICATION PARCEL)
A STRIP OF tANO 60.00 FEET WIDE WITHIN SECTJON 22, TOWNSHIP 12 SOUTH, RANGE
4 WEST, SAN BERNARDINO MERIDIAN, IN THE GIN OF CARL%AD, COUN-IY OF SAN
DIEGO; STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOKERNMENT
SURVEY’ APPROVED APRlL 21, 1890, LYING 30.00 FEET ON EACH SIDE OF THE
FOLLOMNG DESCRIBED CENTERLINE: .
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22 SAID POINT
BEARS SOUTH 00’00’14’ EAST, 2377.59 FEET (SOUTH 00’33’33’ WEST, 2377.60 FEET
PER R OF S MA? NO. 14608) FROM THE NORTH QUARTER CORNER OF SECTION 22 AS
SHOWN AND DESCelBED ON RECORD OF SURVEY MAP NO. 14608, FILED IN THE
OFFICE OF THE COUNTY RECORDER AaUGUST 11, 1994 SAIQ :CORNER .BEING
MONUMENTED BY A 2 INCH IRON PiPE MARKED ‘L-S. 6287’ SAID S&H QW\$ER - .-:.. /
CORNER ALSO BEARS SOUTH 02’02’03’ EAST, FROM A 2* IRON PIPE STAMPED IS.
3189 1/2M AHR 1979”, SAID 2” IRON PIPE LIES NORTH 89’5743” EAST, 2550.19 FEET .
(SOUTH 89’28’34- EAST, 2550.23 FEET PER R OF S MAP NO. 14608) ALONG THE SOUTH
LINE OF RANCH0 AGUA HEDIONOA PER MAP NO. 823 RECORDED NOVEMBER 16.1896,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FROM A 2’ IRON PlPE
STAMPED ‘LS. 4525 AHR S21 S22 T12N R5W CC 1980” MARKING THE-NORTHWEST
CORNER OF SAID SECTTON u; THENCE LEAVING SAID SOUTH Q&fR CORNER OF
SECTION 22, ALONG SAID UNE WHICH BEARS SOUTH 02’02’03’ EAST, FROM SAID 2
IRON PlPE STAMPED ‘LS. 3189 tMM AHR 1979’, NORTH 02’02’03” WEST (NORTH
01’28’00’ WEST PER RECORD OF SURVEY MAP NO. 14630. FILED IN THE OFFICE OF
THE COUNTY RECORDER AUGUST 25, 1994), 2259.90 FEET TO A TANGENT CURVE
CONCAVE WESTERLY HAVfNG A RADIUS-OF 300.00 FEET; THENCE NORTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23’35’21 A DISTANCE OF
123.51 FEET TO A POINT ON THi SOUTH LINE SAID RANCH0 AGUA HEDIONDA, SAID
PAGE 2 OF 3
:DA \U’CSERVER!MAPP!NGUqols\l61 lU)1)4WMOORLdoc
WO 16114 US97
. * w I.. : . - - -r - r. ._ \.
porNi BEARS SOUTH 89”57’43’ WEST (SOUTH 89’28’34’ EAST PER R OF S MAP NO.
146Cj8), 25.09 FEET FROM SAID 2’ IRON PIPE STAMPED ‘L.S. 3189 lf2M AHR 1979.
:
THE SIDELINES OF SAJD 60.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED dR
EXTENDED SO AS TO-TERMINATE SOUTHERLY IN THE SOUTH’LINE OF SAID SiXTlON
22 AND NORTHERLY IN THE SOUTH LINE OF SAID RANCH0 AGUA HEDIONDA.
AREA EAST OF THE HEREIN DESCRIBED CENTERUNE CONTAINS 0.151 ACRES MORE
OR LESS; AREA EAST OF THE NORTH-SOUTH CENTERLINE OF SAID SECTION 22 PER
RECORD OF SURVEY 14608 CONTAINS 0.046 ACRES MORE OR LESS. rr l --
PARCEL 4 (DEDICATION PARCEL SLOPE EASEMENT)
A STRIP 0; IAND 5.00 FEET WIDE. THE EASTERLY L!NE OF WHICH IS PARALLEL WITH
AND 5.00 FEET EASTERLY OF THE EASTERLY SIDELINE OF THE HEREINABOVE
DESCRIBED PARCEL 3.
-&&i: c-J-- ?7
JOHN W. HILL. JR. L.S. 5669
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
H&4 SLACK RAIL FILE NO. 118
CHJCAGO TITLE ORDER NO. 993061-50 ,-
-.- . .
.
PAGE 3 OF 3
:OA \IPCSERVERVdAPPtNGIl+als\l61 lU)O4RMOORE.aoc
WC 16114 6/5/97
. 12 swrn. wicE 4 wcsi. sarr.
2’ IRON PIPE MARKED IS. 6267’
- r N l/4 CORNER PER R.O.S. 14608
. -0 ti HEDICNCA -m v-
I
v-
I- h-89 rer4-g 2350.23’) NW59’3S’E 84.29’
/-S.5.LPlERHO.AtUAHtMONM I 3 Q:
~C22’SS’E@/
&922-.J4>&s,gs
-b
T
21 22 7 -g
L=l25.&’ ii I /j-L H $4. -4 3
I I I !Lf N-S CENTER SECTION WE PER RDS. No. 14608 7 : 7 -- . . . . .‘J
?
-Id
.r s .q3
l . . . . . 4. l . . .
::.= Z’ -. . . ,H .e.a. .
-0% .m.
R z BASIS OF BEARINGS
INFORUATION ,..
:
F -. c- , e .‘. .-.- ,. I
ELBIZ!! 2 F3R EAS0ENT
-f I 33 n-a I 8 II \ LEGEND
i a ml uuOtC+VES STREi OEO~CIflC~
VI --
- El
INOICATCS SLOPE 3SfMENi
IY sj/4 COR SEC it
I
( ) R”~~ESYI$C$WA~ PE.i .
[
. Q HUNSAXER h ASSOCIATPS WV DIECO. INCi
PLwNmc - INCtlylbzIIRtW - SURTMNC mm MlInntium STRSLT - SAn RI= u 8tl (818) 8sa-uoo~ - r&X (WSJ Wul4
DEDlCAllON PUT - CflY Of CAf?tsBAo
AC ~PUCNUT : [ PREPARED 8Yzs 1 PROJECT:
ci
45
s1
t:
.
#SITE 1
-- a :h&--
THE BASIS Of BW?INCS FCR THE O(HINT IS rw NORIWERL~ WC of ‘0EscwnoN NO. 4’ AS SHOW ON ROF S. 5715. I.E. N71’SS’5l’C
0 200 400 800 . . - _-
?mONE HOMES
15 %‘i RINCON, JITE 150
NONA. CA 91719
215-080-17
PR 3.4.283 EmE ‘W
Gs/O,c/3? l I611 \f?ffO~~f.Di(c - r-=200’ ’ 1611-J MCORE p1q
.
PARCEL 2
.
*3
.
PAma 1
MOORE :I
,. ,. 21%oao- 17
I i
v . ; h% - . *, 1’ -+- . _.
.. I --
‘.-- _I
30’ EASEMENT TO F. AYRES & SON COPR.
REC. a-26-60 F/P 174500. O.R.
EXIST. 20’ ESAEMENT TO CARtSBAD MUNICIPAL
WATER DISTRICT, REC. 8-l 4-61 F/P 139572, 0-R.
L
c
0 C EXIST. 12’ EASEMENT TO-SK&E REC. 6-24-65
F/P 113018. O.R. 0 0 EXIT. 6’ EASEMENT TO SDG&E REC. 3-31-66
DOC. NO. 54149, O.R. 0 E EXIT. 30’ EASEMENT TO CARLSBAO MUNlClPAL
WATER QISTRICT, REC. l-S-77 F/P 77-003537, 0-R: 0 i EXIST. 30’ EASEMENT TO F. AYRES & SON COPR.
IY
REC. 10-10-60 F/P 202177, O.R.
I
0 G EXIT. 30’ EASEMENT TO COROON 0. OLTON AN0
MARY JANE OLTON, REC. 5-25-66 F/P 87070. 0-R.
.
h IOT ro SCALE . . . . . .
Q
[
API
c
4
s
C
l I 4
s/15/97 * I~I~\Ho~RE..DK l 1**200’ l 16It-J MOCRE $118 3 L
HUNSAXER h ASSOCI’ATES SAN DECO. INC.
ENCINEERINC - SURVZYINC 10979 HUWMXSNS STRETT - SAN Dim CA S2ftr (61s) Jsa-a00 - FAX (rn) s#-1414
DEDICATION P!AT - ClTY OF CARLS8Afl
‘LICANT : PREPARED 8y: . PROJECT:- A.P.N.:
REYSTONE HOMES 5 /JO- yj 215-080-17
9s EAST RINCON, yc,
UITE 150 / JOHN ;Y. HI& JR. LS. 5669
=oNA, CA 91719 EXPIRES: g/30/99 PR 3.4.283 ,EMBIT “B”
City of Carlsbad
January 26,1999
County Recorder
PO Box 1750
San Diego CA 921124147
Enclosed for recordation is/are the following described document(s):
Joint Use Agreement
San Diego Gas and Electric
APN: 215-080-I 7
Also enclosed are instructions on how the City is to be billed for the recordation fees
incurred.
Thank you for your assistance with this item.
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 43