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Home My WebLink About1999-12-14; City Council; 15530; Aviara Phase 1 Unit C Lupine RoadCh Y OF CARLSBAD -AGENDA ltilLL iB# A$530 TITLE: JITG. 12-14-99 AUTHORIZE THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SAN DIEGO GAS IEPT. ENG AND ELECTRIC FOR THE JOINT USE OF REAL PROPERTY CT 85-35 AVIARA-PHASE I-UNIT C - LUPINE ROAD RECOMMENDED ACTION: Adopt Resolution No. ??-sdLl 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. 85-35 (Aviara-Phase l-Unit C), City Drawing No. 292-2C, Improvement Plans for Lupine Road, 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 Lupine Road as indicated in Exhibit 3, 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. 2. Location Map. Resolution No. 99-s& 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. 85-35 (Aviara-Phase l-Unit C). 3. Joint Use Agreement between the City of Carlsbad and San Diego Gas & Electric. 4. SDG&E Delegation of Signature Authority. I P CITY OF OCEANSIDE PROJECT NAME CITY OF CARLSBAD AND SDG&E PROJECT EXHIBIT NUMBER JOINT USE AGREEMENT c T85-35 I W BY: SCOTT EVANS. CARLSBAD ENGINEERING OEPT . 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 RESOLUTION NO. 99-521 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 85-35-AVIARA-PHASE ‘I-UNIT C 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 Lupine Road, located in Carlsbad Tract No. 85-35 (Aviara-Phase l-Unit C); 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 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: That the above recitations are true and correct. That the Mayor is authorized to execute the Agreement between the City of Carlsbad and SDG&E for the project known as CT 85-35 (Aviara-Phase I-Unit C). 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 14th day of DECEMBER , 1999 by the following vote, to wit: Council Members Lew 1, Finnila, Nygaard, Kulchin II All-EST: KAREN R. KUNDTZ, A tant City Clerk (SEAL) - State of California -3; County of 1 ss. and Title of Officer personally appeared , Name(s) of Signer(s) J&personally known to me Cl proved to me on the basis of satisfactory evidence . to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. Place Notary Seat Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documevt Title or Type of Document: t ad- use Document Date: hll Q Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: Cl Individual Cl Corpdrate Officer - Title(s): q Partner - 0 Limited q General III Attorney in Fact 0 Trustee Cl Guardian or Conservator Cl Other: Signer Is Representing: 0 1997 National Notary Association * 9350 De Soto Ave , P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free 1-600-876-6627 Recording Requested by City of Carlsbad When recorded, mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 THIS AGREE the 1RDER’S USE & ELECTRIC al corporation and electricity ia, and has facilities ‘that certain easement and ed December 30, 1957 as 8 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. C. The right-of-way dedication referred hereto is shown on Carlsbad Tract No. 85-35, Aviara - Phase I - Unit C, City Drawing No. 292-2C, Improvement Plans for Lupine Masters/Forms/SDG&E Joint Use Agreement 1 11lO4i97 Road Sheets 3 of 4, copies of which are on file with 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 NOW, THEREFORE, for hereby agree as fc F,acknowledged, the parties across the afore In lieu of dedic eby consents that a public street ma rition of additional (b) In the event that any time or times necess r properties by SDG&E shall at relocation, or reconstruction of the public improvements incidental thereto, the same shall be performed at the cost of SDG&E. Cc) 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. (4 If at anytime, SDG&E needs to repair, maintain, replace or improve its facilities, SDG&E may temporarily close all or part of the road to effect such work. If, in SDG&E’s opinion reasonably exercised, SDG&E needs to temporarily close all or part MastersForms/SDG&E Joint Use Agreement 2 1 l/04/97 . (4 (0 Cd of the street, SDG&E may do so at its sole cost and expense; provided, however, SDG&E shall not be obligated to obtain any permits(s) from the CITY or the permission of the CITY and SDG&E. 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 Construction of, er of Permission for Grading and unreasonably withheld. If the SD CITY shall, in the vacat G&E prior to the execution oft hich is occupied by erve to SDG&E all N WITNESS uthorized officei modify, by duly ;AN DIEGO GAS California Corporate Duly Authorized Agent for SDGM APPROVED as to form and legality this , L?* day of h Q&y‘dBA ,197c -- 3 asters/Forms/SDG&E Joint Use Agreement persona& appeared shh 8. - INAMELSI OF 3lGNERf3Il 3’ personally known to me -OR- Cl E roved to me on the asis of satisfactory evidence to be the EYe” 2!F whose name& ubscribed to the within instrument and Witness my.hand and official seal. (SEALI ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO ME DOCUMENT Number of Pwss c? Date of Document DESCRIBED AT RIGHT: Siinar~sl Other Than Named Above WGLCOTTS FORM 03240 Rev. 3-94 briea elma E-2A) (D lSS4 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WlTH SIGNER CAPAClTYlREPRESENTATlONllWO FINGERPRINTS RIGHT THUMBPRINT (Optional1 CAPACITY CLAIMED BY BIGNERW OINDNIDUALIS) q CORPORATE OFFICERM lnll.E8l DPARTNERIS) q LlMtTED OGENERAL OAlTORNEY IN FACT OTRUSTEEISI (Name of f’eraonfd or Entityha) RIGHT THUMBPRMT (Optional) I CAPACITY CLAIMED BY SIGNER181 CllNDIVlDUALW q CORPORATE OFFICERISI llmm OPARTNERISI OLlMlTED OGENERAL OAlTORNEY IN FACT q JTRUSTEEIS) CIGUARDIANKONSERVATDR ClOTHER: BIGNER IS REPRESENTIN& (Name of Person(a) or EntiMid llllllllllllllllll!l! ll!lll II EXHIBIT A LUPINE ROAD JOINT USE AGREEMENT BEING THAT PORTION OF SANDERLING COURT/LUPINE ROAD IN THE CITY OF CARLSBAD LYING WITHIN THE SAN DIEGO GAS AND ELECTRIC 150- FOOT WIDE EASEMENT AS SHOWN ON CARLSBAD TRACT 85-35 AVIAR4 - PHASE I - UNIT C, ACCORDING TO MAP NO. 12411 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ON JUNE 29,1989 AS FILE NO. 89-346187. . PLAT OF PROJECT \ \ \ LEGEND: AREA OF JOINT USE PROJECT NAME L UP/NE ROAD EXHIBIT JOINT USE AGREEMENT B