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HomeMy WebLinkAbout1999-03-09; City Council; 15084; 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 93-09 OCEAN BLUFF? . @ 1 0 $ 4B# ]~;ot?y JITG. 3/9/99 IEPT. ENG I h CITY OF CARLSBAD -AGENDA BILL ’ TITLE- -- 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 93-09 OCEAN BLUFF RECOMMENDED ACTION: Adopt Resolution No. 9 9- 19 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. 93-09 (Ocean Bluff), City Drawing No. 360-3B, Improvement Plan Sheet 6 of 16 and Sheet 12 of 16, 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 Poinsettia Lane 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: 1. Vicinity Map. 2. 3. Location of SDG&E easement crossing Poinsettia Lane Resolution No. $7 W 79 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. 93-09 (Ocean Bluff). 4. Joint Use Agreement between the City of Carlsbad and San Diego Gas & Electric. 5. SDG&E Delegation of Signature Authority. NOT TO SCALE PROJECT NAME CT93-09 OCEAN BLUFF JOINT USE AGREEMENT W BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT. PROJECT EXHIBIT NUMBER PR3.2.106 I SLOPE & TEMPORARY CONSTRUCTION EASEMENTS NOT TO SCALE PROJECT NAME CT 93-09 OCEAN BLUFF PROJECT EXHIBIT JOINT USE AGREEMENT NUMBER PR3.2.706 2 w BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPJ 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 - RESOLUTION NO. 99-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZATING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SDG&E. CT 93-09, OCEAN BLUFF. 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 Poinsettia Lane, located in Carlsbad Tract No. 93-09 (Ocean Bluff); and WHEREAS, the agreement provides for the joint use of the area for the construction, operation and maintenance of both parties’ facilities in, over, under and across the designated area; and WHEREAS, the formal Joint Use Agreement has been prepared. 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 execute the Agreement between the City of Carlsbad and SDG&E for the project known as CT 93-09 (Ocean Bluff). 3. The City Clerk of the City of Carlsbad is hereby authorized and directed to have the agreement recorded. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 9th day of March , 1999 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin ATTEST: ALETHA L. RAUTENKRANZ, City Clerk \ (SEAL) Recording Requested by City of Carlsbad When recorded, mail to: San Diego Gas & Electric Company P.O. Box 1831 San Diego, CA 92112-4150 Attention: John J. Hemandez APN: 215-070-26 SPACE ABOVE FOR RECORDERS USE THE UNDERSIGNED DECLARES CONSIDERATION IS LESS THAN $100 AND TRANSFER TAX IS NONE. JOINT USE AGREEMENT THIS AGREEMENT, dated ARcH 26s I??? , 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 San Diego, 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 January 10, 1958, in Book 6902, Page 504. 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. C. The street dedication referred hereto is shown on Carlsbad Tract No. 93- 09, City Drawing No. 360-38, Sheet 6 of 16 and Sheet 12 of 16, copies of which are on file in the office of the City Engineer of the City of Cartsbad. 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 purposed 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 a 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. lb) 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 bet-formed 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. (d) 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. 03 If the CITY shall hereafter vacate, in whole or in part, the area which is occupied by SDG&E 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. (9 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 Executed by CITY this 23 day of By: ATTEST: By: Aletha L. Rautenkranz, City Clerk APPROVED as to form and legality Ronald R. Ball, City Attorney w.d* m:Usp*\1953 oo,” blumoM~17.doc 10 19534 STATE OF&~/&& 1 COUNTY OF s&u && d ss. / On 3 - 30’ % before me -&&4 6 kkk!~~ s (name, title of officer), 4?UESd % personally known to me / 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. EXHIBIT “A” LEGAL DESCRIPTION APN 215-070-26 (SDG&E JOINT USE AGREEMENT) THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO 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 102.00 FOOT WIDE STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE CENTERLINE INTERSECTION OF POINSETTIA LANE AND AVIARA PARKWAY (FORMERLY ALGA ROAD) AS SHOWN ON CITY OF CARLSBAD TRACT 90-15, MAP NO. 12972, FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 17, 1992, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894” PER RECORD OF SURVEY MAP NO. 13348, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 8,1991, SAID POINT BEARS NORTH 72”12’46” EAST, 593.97 FEET (NORTH 72”47’00” EAST, 593.94 FEET PER R OF S 13348) FROM A POINT ON THE CENTERLINE OF SAID POINSETTIA LANE AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 13348, SAID POINT BEING OCCUPIED BY A STREET SURVEY MONUMENT STAMPED “L.S. 5894”; THENCE LEAVING SAID CENTERLINE INTERSECTION ALONG SAID CENTERLINE OF POINSElTIA LANE, NORTH 72”12’46” EAST (NORTH 72”47’00” EAST PER MAP 12972), 185.00 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30”31’54” A DISTANCE OF 746.03 FEET; THENCE NORTH 41”40’52” EAST, 28.83 FEET TO THE SOUTHWESTERLY LINE OF AN EXISTING 150 FOOT WIDE SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT RECORDED JANUARY 10, 1958 IN BOOK 6902, PAGE 504 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE DA MXegalsV953 Ocean BbffUO4Al6 .doc WO 1953-4 3QJ96 PAGE 1 OF 2 POINT OF BEGINNING; THENCE CONTINUING NORTH 41”40’52” EAST, 150.01 FEET TO THE POINT OF TERMINUS SAID POINT BEING ON THE NORTHEASTERLY LINE OF SAID 150 FOOT WIDE SAN DIEGO GAS AND ELECTRIC EASEMENT. THE SIDELINES OF SAID 102.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHWESTERLY LINE OF SAID 150 FOOT WIDE EASEMENT AND NORTHEASTERLY IN THE NORTHEASTERLY LINE OF SAID 150 FOOT WIDE EASEMENT. +uw+L% 3-3- 9g JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. :DA M:Legals\l953 Ocean Bluffi004Al6.doc WO 19534 3/2/98 PAGE 2 OF 2 - i 7 L & - A INDlC4TE.S STREET SURVEY MONUMENT STAMPED “r-S. 5894” PER R OF S 13348. ‘r ( > Y INDICATES RECORD DA TA PER MP 12972 8 [ ] INDICATES RECORD DATA PER R OF S 13348 4- N NO SCALE LEGAL DESCZUIPWON HUNSAJER &aASSOCIATFtS SAN OIfG4 INC PlAMmc lovP-stuhzoo ENaNERw smaegQr%?ul SIJIYMNC lwklfm. nc@l9~l4U ~\0013\mixffomc PORTION OF FRACTlOhlAL SEC. 22, Tl2S, R4w, S.8.M. BASIS OF BmGS: THE E4SlS OF BEARINGS FOR THIS MP IS A PORTION OF THE NORTHERLY LINE OF FRACTloNAL SECTlON 22, Tl2S. R4w, S&M., PER MP NO. 13429, I.E. N 89’57’43”E. SHEET 1 OF 1 IPPLICANT: 1 PREPARED By: 1 PROJECT: 1 A.P.N.: ZATELLUS RESIDENTIAL GROUP i PARK PLAZA 215-070-26 iUlTE 400 I+ WINE, CA 92714 p 3-?-?P JOINT USE JOHN W. HILL, JR. L.S. 5669 AGREEMEII 714) 251-6100 EXHIBIT “B” EXPIRES: g/30/99 . . San Diego Gas & Elecfric INTERNAL CORRESPONDENCE lo M. A. Kyd FROM S. D. Davis bl-4 f.rs Lr i iacc::t JlJN22lg% bn,’ Smta Deganmtrrt DATE April 17, 1990 FILE NO. S"eJEo DELEGATION OF SI&ATW AUTHORITY In an effort to streamline our document signing process and to delegate 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. P *. _ Of the thirty-three documents reviewed, the first eleven are deemed to be at the appropriate levmand 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 the.ir immediate superiors without any significant loss in the benefits associated with multiple approval levels. Of the twenty-two, six formerly reguircd your signature and dealt with purchases, sales, leases and licenses of property. Over the past three years, 95% of these t-es 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. Thomas and yourself are needed. This memo will supersede a prior delegation of signature authority memo to J. E. Hamrick, dated December 5, 1986. ?@p&k&p~ Steven D. Davis, Manager Land Services Department Ext. 2494 SDD:kns Attachment M. A. Kyd -2- April 17, 1990 APPROVED: M. A. Kyd, Vic6 ?k sident- Administrative S 2 vices ice President & President & d&3 Iw- Date & --$7 - pc’ Date Date 1. 2. 3. 4. 5. 6. g:: li! 9. )t 10. )c Il. y 12. 13. 14. 15. 16. 17. 18. x19. ot 20. j( 21. )< w )( 23. )( 24. )( 25. p( 26. )t 27. 28. 29. 30. 31. 32. 33. RECWMENDATION FOR SIGNATURE AUTHORUY LEVEL Administrative Sionature Level New Quitclaim Deed . . . . . . . . . . . . . . . . . . . . . . . .MaGer . EXistinq M Grant of Easement . . . . . . . . . . . . . . . . . . . . . -Manager' Escrow Document for Sale, Purchase or Lease of Property . . .Manager Railroad, Telephone Company, and State and Federal Agency M M License Agreements . . . . . . . . . . . . . . . . . . . . .Manager M Option Agreement for Purchase, Sale or Lease of Property ($250~) . . . . . . . . . . . . . . . . . . . . . . . . . .Manager M Subordination Certificate 1.. . . . . . . . . . . . . . . . .Manager M MTDB Facilities Relocation Agreement and Amendments . . . . .Manager M Right of Way Use Agreement . . . . . . . . . . . . . . . . . .Supervisor S Estoppel Certificate . . . . . . . . . . . . . . . . . . . . .Supervisor S Joint Use Agreement . . . . . . . . . . . . . . . . . . . . .Supervisor S Subdivision Map . . . . . . . . . . . . . . . . . . . . . . .Supervisor S Acceptance of Land Use Permit Conditions . . . . . . . . . . .Supervisor S License Agreement for Use of Co. Prop. ($250~) ....... -Manager VP Lease of Real Property for Co. Use ($250~) ......... .Manager VP Lease Agreement for'company Property ($250~1 i-2 ...... .Manager VP Property Sales/Purchase Agreement ($250~) . .': .. -: ... .Manager VP Memorandum of Mortgage, Lease and Deed of Trast ...... .Manager VP Encroachment Removal Agreement ............... .Manager VP Port District Easement, Permit and .License ...... . .. .Supervisor M School District License Agreement ............. .Supervisor M Utility Agreement and Service Contract (or Agreement) ... .Supervisor M Consent to Common Use Agreement .............. .Supervisor M Assignment of SDGbE Easement ........ i ....... .Supervisor M Lease Assignment ...................... .Supervisor Lease and License Amendment ................ .Supervisor Broker Sales, Contracts and Listing Agreements ........ .Supervisor State Highway Right of Way Contract ............ .Supervisor Application for Governmental Agencies Land Use Permits ... .Representative Various Governmental Agency Forms Associated with Land Use Permit Application ............... .Representative Right of Entry Permit ................... .Representative Consent Letter ....................... .Representative Letter of Permission for Grading .............. .Representative Letter of Permission to Use Public Utility Easement .... .Representative . . . ” * : r. 1. 2. 3. 4. 5: 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. . 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. EVALUATION FACTOR LIST Quitclaim Deed ....................... Grant of Easement ..................... Escrow Document for Sale, Purchase or Lease of Property ... Railroad, Telephone Company, and State and Federal Agency License Agreements ...................... Option Agreement for Purchase, Sale or Lease of Property . I I I i I I ($SOor<) ........................... 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 (S500K) ... . ........ Lease Agreement for Company Property (SSOOK) -;. ........ Property Sales/Purchase Agreement (XOOK) ........... Memorandum of Mortgage, Lease and Deed of Tkt ....... 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 0 0 I I 0 ala ml* a 10 01’ l 4 14 0 l I I I 44. a a a 010 @.a . I 7 .la101a l 44 I 0 0 *Ial* da le~o .j. 3 a 0 l Land Use Permit Application ................ Right of Entry Permit .................... Consent Letter ........................ Letter of Permission for Grading ................ Letter of Permission to 'Use Public Utility Easenrent ..... I a @I 0 a e l 0 hid i-1 I 01 0 p 0 - I 0 A . - . 1. Quitclaim Deed . A deed used to transfer any i !rest in- real property that Grantor may have. This document is prepared by SDG&E. 2. Grant of Easement Easements to public agencies for roads, pipelines, etc., across SDG&E fee owned rights-of-way or other property. 3. Escrow Document Authoriration and instructions for a third party (escrow for Sale, Purchase holder) to hold funds and documents pending title search and or Lease of other actions, to deliver funds to the seller and deliver Property grant deed or lease to the purchaser at the close of the transaction. 4. Railroad, Agreements which authorize the encroachment of Company Telephone Company, facilities on railroad property or on State or Federal lands and State and subject to specified terms and conditibns. Federal Agency License Agreement 5. Option Agreement Contract by which a property owner grants another person the for Purchase, Sale right to purchase property for a specific sum within a or Lease specified time period, but without imposing an obligation to purchase, sell or lease. 6. Subordination A certificate (statement) to be placed on a subdivision map Certificate when SDG&E has existing easements crossing the proposed subdivision. 7. MTDB Facilities Agreements which defingthe costs and responsibilities for Relocation relocation of SDG&E facilities. due to MTDB construction of Agreement and light rail facilities. Amendments l a. Right of Way Use A recorded document that allows major encroachments within Agreement an SDG&E easement. 9. Estoppel Certificate 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. 10. Right of Way Use A recorded document that allows major encroachments within Agreement SDG&E easement. 11. Subdivision Map 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. Acceptance of Land Use Permit Conditions 13. License-Agreement for Use of Company Property 14. Lease of Real Property for Company Use 15. Lease Agreement for Company Property 16. .Property Sale/Purchase Agreement 17. Memorandum or Mortgage and Deed of Trust, and Memorandum of Lease and Options 18. Encroachment Removal Agreement 19. Port District Easement, Permit and License 20. School District License Agreement 21. Utility Agreement and Service Contract (or Agreement) 22. Consent to a Common Use Agreement Certain agencies attach cond, ,ons 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 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 toisell/purchase real property from another. The agreemeti defines the specific property, buyer and seller, purchase price, time and manner of payment among other things. Can Serve as escrow instructions. Memorandum of Mortaage 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. Acknowledges acceptance of conditions of these standard documents prepared by the San Diego Unified Port District that grants SDG&E rights on tidelands property. A standard document prepared by SDG&E that grants SDG&E easement rights on school district lands. Standard form California Department of Transportation contracts that specify rights and responsibilities of SDG&E when relocating facilities in state highways or in providing service to the State. A State Department of Transportation document similar to a Joint Use Agreement (flO), however, CalTrans grants SDG&E broader rights. . . -. *. ’ ' 23. 24. 25. 26. 27. 28. 29. 30. 31. 32.' 33. Assignment of SDGLE Easement Lease Assignment Lease and License Amendment Broker Sale, Contract, and Listing Agreement State Highway Right of Way Contract Application for Governmental Agencies Land Use Permits .Various Governmental Agency Form Associated With Land Use Per;nit Application Right of Entry Permit Consent Letter Letter of Permission for Grading Letter of Permission to Use Public Utility Assigns (by previously approve. dgreement) SDG&E distribution easement rights to another party. 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. Signed contract with real estate broker to sell or lease real property, as agent, for percentage of sale as commission. 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 SDG&E. The contract accompanies easements and other land rights granted from one party to the other. Applications to governmental agencies requesting approval of a proposed SDGbE project or land use that is under the agency's legal jurisdiction. Some examples of these per;ilits and land use entitlements are: zone changes, variance;, conditional use permit, state coastal permit, building permit, highway crossing permit, excavation/encroachment permit, U. S. Army CorpDof Engineers permit, etc. Various forms that must'be completed by an applicant or owner in conjunction w-ith an application for a land use permit such as statements representing that signatore is ;n 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. A State Department of Transportation letter or a letter from a similar governmental agency permitting SDG&E access over government property (similar to SDG&E's consent letter, 31). Allows minor encroachments within SDG&E easements. Letters allowing developers and others the right to grade on fee owned and easement property. 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. March 29,1999 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 & Electric, APN: 215-070-26 (CT 93-9, Ocean Bluff) Also enclosed are instructions on how the City of Carlsbad 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 @