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Home My WebLink About1999-09-14; City Council; 15382; Agmt w/ SDG&E for the Joint Use of Real Property- 4 /,3/45[@ CITY OF CARLSBAD - AGENDA BILL B# /$,3k% DEPT. HD. m: TG. qliulqq CITY MGR. AND ELECTRIC FOR THE JOINT USE OF REAL PROPERTY ENG EPT. CITY Am. AUTHORIZE THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SAN DIEGO GAS I SDP 97-24 ISLANDS RESTAURANT I ~~ ~ RECOMMENDED ACTION: Adopt Resolution No. 99 -32b 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 SDP 97-24, Islands Restaurant, City Easement No. PR 3.4.356, 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 Palomar Airport 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: 1. Vicinity Map. 2. Location of SDG&E easement 3. Resolution No, 99- 3abauthorizing the Mayor to execute an Agreement between the City of for SDP 97-24 (Islands Restaurant) Carlsbad and San Diego Gas & Electric for the Joint Use of Real Property located in Carlsbad 4. Joint Use Agreement between the City of Carlsbad and San Diego Gas & Electric. 5. SDG&E Delegation of Signature Authority. I NOT TO SCALE v- I NAME ISLANDS RESTAURANT PROJECT EXHIBIT I NUMBER I SDG&E JOINT USE AGREEMENT SDP97-24 1 PALOMAR AIRPORT RD. SUBJECT PARCEL ISLANDS RESTAURANT 211-050-01 I I I 211-050-14 i \ \ \ 211-050-15 L" " " I I I I w I NOT TO SCALE NAME ISLANDS RESTAURANT EXHIBIT PROJECT SDGd E JOINT USE AGREEMENT s~pg7-24 NUMBER 2 4W BY SCOTT EVANS. CARLSBAD ENGINEERING DEP7. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99~326 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&F SDP 97-24. ISLANDS RESTAURANT WHEREAS, the City of Carlsbad desires to enter into an agreement for the area common 3 both the SDG&E easement and the City's dedicated street right-of-way for Palomar Airport toad; and WHEREAS, the agreement provides for the joint use of the area for the construction, lperation and maintenance of both parties' facilities in, over, under and across the designated Irea; and WHEREAS, the formal Joint Use Agreement has been prepared. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, :alifornia, as follows: 1. That the above recitations are true and correct. 2. That the Mayor is authorized to execute the Agreement between le City of Carlsbad and SDG&E for the project known as SDP 97-24 (Islands Restaurant). 3. The City Clerk of the City of Carlsbad is hereby authorized and directed to have le agreement recorded. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council eld on the 14 day of September , 1999 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin nt City Clerk Recording Requested by City of Carlsbad When recorded, mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 A. B. C. 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. The right-of-way dedication referred hereto is shown on City Drawing No. PR 3.4.356, copies of which are on file with the office of the City Engineer of the City of Carlsbad. *lastersFormS/SOG&E Joint Use Agreement 1 11104197 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, nstructed and maintained over, upon and across -of-way lying within the limits of the pro@ referred to as area . .' 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 11/04/97 (e) 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. I MartersiFormsiSDGaE Joint Use Agreement 3 11/04/97 .erk STATE OF California) COUNTY OF San Dieao)" on 12-/7 - 9s before me Linda F. Victoria. Notary Public (name, title of officer), appeared John B. Burton * LFV personally known to me to be the person(s) 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(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 official seal. EXHIBIT "Aff LEGAL DESCRIPTION BEING A PORTION OF LOT 'H' OF RANCHO AGUA HEDIONDA, IN THE CITY OF MAP THEREOF, NO. 823 AS FILED IN THE OFFICE OF THE COUNTY RECORDER CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OF SAID COUNTY NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF PASEO DEL NORTE, AS SHOWN ON RECORD OF SURVEY NO. 12965, RECORDS OF SAID COUNTY, WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY RIGHT OF WAY LINE OF PALOMAR AIRPORT ROAD, SAID LINE BEING PARALLEL WITH AND 63.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, OF THE 'NEW ALONG SAID PROLONGATION, NORTH 87" 48' 49" WEST, 62.00 FEET TO THE CENTERLINE' AS SHOWN ON SAID RECORD OF SURVEY; THENCE, PROCEEDING WAY LINE, NORTH 87' 48' 49" WEST, 340.55 FEET TO THE CUSP OF A TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID RIGHT OF TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 230.00 FEET; THENCE, SOUTHEASTERLY 45.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11' 21' 09" TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 230.00 FEET, A RADIAL LINE TO SAID POINT OF REVERSE CURVATURE BEARS NORTH 13' 32' 20" EAST; THENCE, SOUTHEASTERLY 45.57 FEET THROUGH A CENTRAL ANGLE OF 11' 21' 09" TO ITS POINT OF TANGENCY WITH A LINE THAT IS PARALLEL WITH AND 72.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, OF SAID CENTERLINE OF PALOMAR AIRPORT ROAD; THENCE, ALONG SAID PARALLEL LINE, SOUTH 8'7' 48' 49" EAST, 245.00 FEET, TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 25.00 FEET; THENCE, SOUTHEASTERLY 39.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89' 59' 29" TO ITS POINT OF TANGENCY WITH THE WESTERLY RIGHT OF WAY LINE OF SAID PASEO DEL NORTE, SAID LINE ANGLES, OF THE CENTERLINE OF SAID PASEO DEL NORTE; THENCE ALONG BEING PARALLEL WITH AND 42.00 FEET WESTERLY, MEASURED AT RIGHT SAID WESTERLY LINE, NORTH 02' 10' 40" EAST, 14.00 FFET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 20.00 FEET; THENCE, NORTHWESTERLY 31.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89' 59' 29" TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF APPROXIMATELY 2,886 SQUARE FEET PROJECT No.: SDP-24 DWGU PR3.4.356 N73'06'17"E 61.62' p 5 s & s =. LL SUEXCT AREA ms€ Pm 21 1-050-01 211-050-14 N12'41'48"W 14.21' A= 8959'2s R = 20.00' L = 31.41 T = 20.0?' "- P.0.B N89'26'20"W " 361.13' " BASIS OF BEARINGS: THE BEARING NORTH 87'48'49" WEST FOR THE CENTERLINE OF PALOMAR AIRPORT ROAD AS SHOWN ON RECORD OF SURVEY NO. 13123. RECORDED AS FILE No. 91-152365, RECORDS OF SAN OIEGO COUNN, CALIFORNIA, WAS USE0 AS THE BASIS OF BEARINGS FOR THIS PROJECT. LEGEND INDICATES RIGHT-OF-WAY DEDICATION 0.06 ACRES INDICATES RIGHT-OF-WAY DEDICATION PER DOC# 1992-0236813 O.R. 8' WIDE SDG&E EASEMENT DOC# 172695 O.R. PROPERTY OWNER: * RAY WINTER & BARBARA ECKE WINTER I1111111 CO-TRUSTEES OF THE RAY & BARBARA WINTER TRUS 1745 ROCKY ROAD FULLERTON, CA 92831 (714) 526-3035 JOSEPH C. TRVXAW AND AssocIAIEs. INC. * OWNER OF THE AREA SHOWN. a- GRAPHIC SCALE civil Enpirufm & bnd swuqm% 721 N. EUCUD STREET. SUITE 311 ANAHEIM. CA 92001 PHONE (714) 535-0135 fM (714) 535-8368 (mmm) 1 inch = 00 it PROJECT NAME: PROJECT No. I EXHIBIT ISLANDS RESTAURANT SDP97-24 B. . . DWG# PR3.4.356 San Diego Gas & Electric INTERNAL CORRESPONDENCE m X. i. Kyd FmM S . D. Davis DATE Xpril 17, 1990 FILE NO. SUBJECT DELEGATION OF SIGNATURE AUTHORITY .- In an effort to streamline our document signing process and to delegzte signature authority to appropriate levels, a Quick Action Tern (QAT) was formed in our department to address the matter. The QLT identified thirty-three documents that are utilizd routinely in the Land Services Department. Each document was analyzed and evaluated based upon such factors as: dollzr risk, 1evels.of approval prior to execution, public relations exposure and an evaluation factor list is atticfied. and significance of transaction. A description of each document Of the thirty-three documents reviewed, the first eleven are deerneci to be at the appropriate leve and are not recommendei for change. However, the remaining twenty-two documents are recommended for change to more efficiently and effectively be trznszctei by front-line employees and/or their immediate superiors without +ny significant loss in the benefits associated with multiple approval levels. Of the twenty-twol six formerly required your signature and dealt with purchases, sales, lezses these types of transactions would have fallen below the $250,000 and licenses of property. Over the past three years, 95% of limit (formerly $100,000) designated.for Manager approval. In order to implement these changes the signatures of T. E.. Page, J. E. Thomas and yourself are needed. This memo will supersede a prior delegation of signature authority memo to J. E. Htmrick. r .' Sin D. Davis, Manager Land Services Department Ext. 2494 SDD : kns Attachment M. A. Kyd -2- - April 17, 1990 APPROVED: M . A . Idd M. A. Kyd, Vice Bf. sident. Date Administrative sefvices & "ZC3 - President & Date Date .3 r - .. 1. quitclaim 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 Agreement and Relocation Amendments 8. Right of Way Use Agreement 9. Estoppel Certificate 10. Right of Way Use Agreement 11. Subdivision Map A deed used to transfer any i !rest 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. Authorization 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 authorize 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. s 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 mortgage, certifying for the benefit of another party that a statement by a party to a transaction, such as a tenant or 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 a1 low 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. 1. 2. 3. 4. 5. 6. 7. K 8. ' ri! 9. g 10. % 11. y 12. 13. 14. 15. 16. 17. 18. x 19. g 20. J( 21. 22. X 23. 24. )! 25. $ 26. )f 27. 28. 29. 30. 31. 32. 33. REI " IENDATION FOR SIGNATURE ALlTHOP ' LEVEi - Administrative New Sionature Level - Existino Quitclaim Deed ....................... .Manager M Grant of Easement ..................... .Manager Escrow Document for Sale, Purchase or Lease of Property .. .Manager License Agreements .................... .Manager ($250~) ......................... .Manager Subordination Certificate .................. .Manager Railroad, Telephone Company, and State and Federal Agency Option Agreement for Purchase, Sale or Lease of Property MTDB Facilities Relocation Agreement and Amendments .... .Manager Right of Way Use Agreement ................. .Supervisor Estoppel Certificate .................... .Supervisor Joint Use Agreement .................... .Supervisor Subdivision Map ...................... .Supervisor Acceptance of Land Use Permit Conditions .......... .Supervisor License Agreement for Use of Co. Prop. ($250~) ....... .Manager Lease of Real Property for to. Use ($25OK) ......... .Manager Lease Agreement for Company Property ($250~1 ..-I. ...... .Manager Property Sales/Purchase Agreement (SZSOK) .Manager Memorandum of Mortgage, Lease and Deed of Trust ...... .Manager Encroachment Removal Agreement ............... .Manager Port District Easement, Permit and License .......... .Supervisor School District License Agrement ............. .Supervisor Utility Agreement and Service Contract (or Agreement) ... .Supervisor Consent to Common Use Agreement .............. .Supervisor Assignment of SDG&E Easement ................ .Supervisor Lease Assignment ...................... .Supervisor Lease and License Amendment ................ .Supervisor Broker Sales, Contracts and Listing Agreements ........ .Supervisor State Highway Right of Way Contract ............ .Supervisor .* ' .......... M M M M M M S 5 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 ... .Represzntative M Various Governmental Agency Forms Associated with Land Use Permit Application ............... .Representative M Right of Entry Permit ................... .Representative M Consent Letter ....................... .Representative S Letter of Permission for Grading .............. .Representative S Letter of Permission to Use Public Utility Easement .... .Representative ,I - - LIGk ,i 44 m i S(L1 oa nm rl u -ta ~lr: mm4 o nrl m .AI 4 B 2 22 'E!: " ... c -2 0 ma 0-4 m EYALUATION FACTOR LIST l4 I. quitclaim Deed ....................... 2. Grant of Easement .......... - ........... 3. Escrow Document for Sale, Purchase or Lease of Property ... 4. Railroad, Telephone Company, and State and Federal Agency 5: Option Agreement for Purchase, Sale or Lease of Property License Agreements ...................... (S5OOK) ........................... 6. Subordination Certificate ................. - 7. MTDB Facilities Relocation Agreement and Amendments .... 8. Right of Way Use Agreement ................. 9. Estoppel Certificate ..................... 10. Joint Use Agreement ..................... 11. Subdivision Map ............... - ....... 12. Acceptance of Land Use Pemit Conditions .......... 13. License Agreement for Use of Co. Prop. (S500K) ........ 14. Lease of Real Property for Co. Use (S50OK) .......... 15. Lease Agrement for Company Property (S500K) ........ 16. Property Sales/Purchase Agreement (SSOOK) .......... 17. Memorandum of Mortgage, Lease and Deed of Trust 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 Common Use Agreement ................ 23. Assignment of SDG&E Easement ................. 24. Lease Assignment ....................... 25. Lease and License Amendment ......... - ....... 26. Broker Sales, Contracts and'listing Agreements ........ 27. State Highway Right of Way Contract ............. 28. Application for Governmental Agencies Land Use Permits .... 29. Various Governmental Agency Forms Associated with , C' ....... Land Use Permit Application ............... 30. Right of Entry Permit .................... 31. Consent Letter .......... - ............. 32. Letter of Permission for Grading ............... 33. Letter of Permission to 'Use Public Utility Easement ..... __ City of Carlsbad September 21,1999 County Recorder PO Box 1750 San Diego CA 921 124147 Enclosed for recordation is the following described document: Joint Use Agreement San Diego Gas & Electric Company APN: 211-050-14: 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 (Reference SDP 97-24, Islands Restaurant) 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 (760) 434-2808 @