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.
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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,
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which is on file with the City Clerk and is incorporated by this reference, is approved.
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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”