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HomeMy WebLinkAbout2003-04-08; City Council; 17125; Dedication of Underground Electric Easement\B# 17,125 dTG. 4/08/03 IEPT. ENG CITY OF CARLSBAD - AGENDA BILL TITLE: APPROVE THE DEDICATION OF AN UNDERGROUND ELECTRIC EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY FOR SERVICE TO THE CARLSBAD WATER RECYCLING FACILITY RECOMMENDED ACTION: Adopt Resolution No. 2003-091 approving the dedication of an underground electric easement to San Diego Gas and Electric Company for service to the Carlsbad Water Recycling Facility. ITEM EXPLANATION: The Carlsbad Water Recycling Facility (CWRF) project is a 4.0 million gallon per day advanced tertiary treatment facility located along Avenida Encinas adjacent to the south boundary of the Encina Water Pollution Control Facility. Resolution No. 1149 was adopted by the Carlsbad City Council on May 14, 2002, accepting bids and awarding the construction contract for the CWRF. On October 29, 2002, the City of Carlsbad and SDG&E entered into an agreement for the extension and construction of underground electric facilities to the CWRF. These electric facilities will be maintained and inspected by SDG&E and, therefore, require a permanent easement be granted from the City to SDG&E. The extension of the electric facilities was requested by the City to provide electric service to the Carlsbad Water Recycling Facility Project. Staff has reviewed the easement document and recommends that the City Council approve the dedication of this electric easement to San Diego Gas and Electric Company. FISCAL IMPACT: There are no anticipated fiscal impacts with granting this easement to SDG&E. EXHIBITS: 1. Resolution No. 2003-091 approving the dedication of an underground electric easement to San Diego Gas and Electric Company for service to the Carlsbad Water Recycling Facility. 2. Location Map. 3. Grant deed of underground electric easement to San Diego Gas & Electric Company. 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 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE DEDICATION OF AN UNDERGROUND ELECTRIC EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY FOR SERVICE TO THE CARLSBAD WATER RECYCLING FACILITY. WHEREAS, Resolution No. 1149 was adopted by the City Council on May 14, 2002 awarding the construction contract for the Carlsbad Water Recycling Facility; and WHEREAS, San Diego Gas & Electric Company agreed to extend electrical service to the Carlsbad Water Recycling Facility at the City's request; and WHEREAS, San Diego Gas & Electric Company and the City of Carlsbad entered into an agreement on October 29, 2002 for the extension and construction of underground electric facilities; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to grant this easement to enable San Diego Gas & Electric Company to inspect and maintain its facilities on the site of the Carlsbad Water Recycling Facility; and 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 grant deed of underground electric easement to San Diego Gas & Electric Company, Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill which is on file with the City Clerk and is incorporated by this reference, is approved. 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 3. That the Mayor is authorized to execute the grant deed of underground electric easement to San Diego Gas & Electric Company and the City Clerk is hereby authorized to cause the original easement document to be recorded in the Office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 8th day of April , 2003 by the following vote, to wit: , Kulchin, Hall, Packard CLAUDE A. LEWf&a " ATTEST ?age 2 of 2 of Resolution No. 2003-091 (SEAL) 3 LOCATION MAP ~~ PROJECT SITE PROJECT NAME PROJECT EXHIBIT CARLSBAD WATER RECYCLING FACILITY 3675-2 NUMBER 2 Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company c/o Sempra Energy 8335 Century Park Court, Suite 100 San Diego, CA 92123-1569 Attn: Real Estate Records - CP 1 1 D Project No 13443 1-0 10 Const. No. 27623430 A.P.N. NO. 2 1 1 -030-06,08 & 37 214-010-12,95 & 97 214-031-14 SPACE ABOVE FOR RECORDER'S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT CITY OF CARLSBAD, a municipal corporation, (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of 1. Underground facilities and appurtenances for the transmission and distribution of electricity. 2. Communication facilities, and appurtenances. The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary. Grantee also has the right of ingress and egress, to, from and along this easement in, upon, over and across the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep this easement clear from explosives, buildings, structures and materials. The property in which this easement and right of way is hereby granted is situated in the County of San Diego, State of California described as follows: s:lcmd:data -I- 8 I0236.S That portion of Lot H of Rancho Agua Hedionda, in the City of Carlsbad, according to Partition Map No. 823, filed in the Office of the County Recorder of said County, November 16, 1896, described in Final Order of Condemnation recorded March 20, 1969 at Recorder’s File/Page No. 49293, of Official Records of said County, that portion of Fractional Section 20, Township 12 South, Range 4 West, San Bernardino Meridian, described in Final Order of Condemnation recorded March 15, 1968 at recorder’s Filepage No. 44080, of Official Records of said County, those portions of said Lot H and said Section 20 described in Deed recorded September 29, 1989, as Recorder’s Document # 89-524435, of Official Records in the Office of the County Recorder of said county and those portions of said Section 20 and of La Costa Downs Unit No. 1 , according to Map thereof No. 2013, filed in the Office of the County Recorder of said County, April 26, 1927 described as Parcel “B” in Deed recorded July 3 1, 2001, as Recorder’s Document # 200 1-0536593, of Official Records in the Office of the County Recorder of said County. The easement in the aforesaid property shall be a strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every facility installed, the approximate location being shown and delineated as “Utility Facilities” on the Exhibit “A”, attached hereto and made a part hereof. In order to provide adequate working area for Grantee, Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed any building or other structure, park any vehicle, plant any trees andor shrubs within eight feet of the front doors or hinged opening of any pad mounted facility installed within this easement. Grantor grants to Grantee the right to erect and maintain on Grantor’s property immediately adjacent to this easement retaining walls andlor protective barricades as may be necessary for Grantees’ purposes. Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure, plant any tree, drill or dig any well, within this easement. Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee’s facilities, without prior written consent of Grantee, which consent shall not unreasonably be withheld. Grantor fiuther grants to Grantee the right to assign any or all of the rights granted in this easement in whole or in part to other companies providing utility or communication facilitiedservices. Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. s:land:dala -2- 810236s CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING PERMISSION. SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING 696-2000, and OBTAINING The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 of the Business and Professions Code, State of California. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor and Grantee. 9) ,2003 . IN WITNESS WHEREOF, Grantor executed this instrument this (/ day of LORRAINE M. WOOD Its: City Clerk THIS 1-EGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN C FORMANCE WITH THE 1TFEYOASACT ON IIr! 102 , . S'EPHEN P. COOK L.S. 6597 " s:land:daia -3- 810236s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On APR!/ /I. 200-3 before me, f&&! s - sn Ck~O~.~a~Ar2\/ h &e personally appeared P~U x -A, LE Wj C ' DBe Name and Title of Onicer (e.g., "Jane&, Notary Pub& Name@) of Siiner(s) .%personally known to me - OR - evidence to be the person@) subscribed to the within instrument executed the executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 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 Document Title or Type of Document: Document Date: Number of Pages: %igner(b)&ther Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual 0 Corporate Officer Title(s): Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator I I Signer Is Representing: I I I Signer's Name: 0 Individual 0 Corporate Officer Title@): 0 Partner - 0 Limited 0 General Attorney-in-Fact Trustee 0 Guardian or Conservator 0 Other: nb here I I I Signer Is Representing: I Q 1994 Natlonal Notary Association * 8236 Remmet Ave., P.O. Box 7184 Cancga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6627 CONST. NO. 2723430 THOMS. BROS. 1126-H5 PROJECT NO. 134431-010 PROJECT NAME & LOCATION DRAWN BY: MetskerlEPlC DRAWING BY OK TO INSTALL 1 of 1 I-------” CARLSBAD WATER RECYCLING FACILITY DATE: 03/18/03 RMI OK: Avenida Encinas COORDINATES JOB TYPE: EUG SCALE: NONE Carlsbad, Cali REFERENCES: J EXHIBIT “A”