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Home My WebLink About2004-04-06; City Council; 17569; SDG&E easementAB# 17 569 MTG. 4/6/04 DEPT. ED - DEPT. HD. TITLE: GRANT OF EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY FOR A PORTION OF APN 209-050-26 CITY ATTY* MGR 42 RECOMMENDED ACTION: Adopt Resolution No.2004-103 granting an easement for public utility purposes over a portion of Assessors Parcel Numbers 209-050-26. ITEM EXPLANATION: Various areas around San Diego have experienced an increase in the frequency of electrical outages and system overloads or equipment failure. To remedy this situation, San Diego Gas and Electric (SDG&E) is involved in a program to upgrade and improve its electrical system to provide better service reliability to its Carlsbad customers. SDG&E has planned to replace defective equipment with more reliable hardware in order to improve circuit reliability. One of the areas requiring new equipment is proposed for the east side of Orion St., near the Fleet MaintenanceKafety Center properties. Exhibit 2 (attached) includes a survey sketch of the proposed location. ENVIRONMENTAL IMPACT: The Planning Director has determined that the project is exempt from the California Environmental Quality Act, pursuant to Section 15061(b)(3) of the CEQA Guidelines. Section 15061 (b)(3) exempts projects or activities where it can be seen with certainty that there is not possibility that the activity may have a significant effect on the environment. FISCAL IMPACT: San Diego Gas and Electric has offered a five hundred dollar ($500.00) contribution toward administrative costs associated with this easement. EXHIBITS: 1. Resolution No. 2004-103 of the City of Carlsbad, California, granting an easement for public utility purposes over portions of Assessors Parcel Number 209-050-26. 2. Easement 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 RESOLUTION NO. 2004-103 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING AN EASEMENT FOR PUBLIC UTILITY PURPOSES TO SAN DIEGO GAS AND ELECTRIC COMPANY FOR A PORTION OF APN 209-050-26 WHEREAS, San Diego Gas and Electric Company has submitted a request for granting a public utility easement over a portion of APN 209-050-26; and WHEREAS, the City Council of the City of Carlsbad has determined that it is in the public interest to grant said easement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. 2. That the above recitations are true and correct. That the Easement conveying a public utility easement to San Diego Gas and Electric Company over a portion of APN 209-050-26 is approved. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on the 6th dayof April 2004, by the following vote to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None Mayor ATTEST: LORRAIN M.WOOD City Cler 4 (SEAL) 2 Recording Requested by San Diego Gas & Electric Company I 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 - CPl 1D SPACE ABOVE FOR RECORDER’S USE Project No.: 339594-010 Const. No.: 2787840 A. P:N. : 209-050-26 Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT CITY OF CARLSBAD, A MUNICIPAL CORPORATION hereinafter called “Grantor”, grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, “Grantee”, an easement and right of way to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: (1) Underground electric facilities, and appurtenances for the transmission and distribution of electricity, (2) Underground communication facilities, and appurtenances, together with the right of ingress thereto and egress therefrom over said easement area on Grantor’s land situated in the County of San Diego, State of California described as follows: That portion of Lot “B” of Rancho Agua Hedionda, according to Map thereof No. 823 filed August 13, 1892 in the Office of the County Recorder of said County of San Diego, described in a deed recorded June 30, 1982 at File No. 82-201566 of Official Records of said County of San Diego. The easement in the aforesaid property is more particularly described in Exhibit “A”, the approximate location being shown and delineated on the Exhibit “B”, attached hereto and made a part hereof. In order to accommodate the 6.00 foot “hot sticks” utilized by electrical workers, Grantor shall keep the easement area clear fiom all obstructions for a minimum of eight feet in front of the door or hinged opening of the above ground facilities installed within the easement. 1 3 Grantee agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses, including attorney’s fees, arising our of the construction, maintenance or use of the facilities described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Grantee, but excluding all damages, claims, losses, injury and expenses caused solely by Grantor. This easement shall automatically terminate when the Grantee discontinues its use of the Upon termination, all facilities, appurtances, and protective barricades or facilities therein. retaining walls shall be removed by Grantee at Grantee’s expense forthwith. 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. V‘ -\ V! v- NAME: Claude A. Lewis TITLE: Mayor TITLE: City Clerk Prepared by: BJohnson Checked: Date 1 213 1 I03 2 4 STATE OF CALIFORNlA COUNTY OF SAN DIEGO personally known to me proved to me on the basis of satisfactory evidence c1 to be the personN whose name&) is/! subscribed to the within instrument and acknowledged to me that he/sh%ey executed the same in hiss authorized capacity++, and that by his/mr signature@ on the instrument the personw, or the entity upon behalf of which the personMacted, executed the instrument. WITNESS my hand and official seal. Signature 3 5 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 2 INCH IRON PIPE WITH DISC STAMPED 'LS 3189" AS SHOWN ON PARCEL MAP NO. 15247 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MAY 25, 1988, SAID MONUMENT MARKS THE SOUTHEAST CORNER OF THAT PORTION OF IMPALA DRIVE DEDICATED PER SAID PARCEL MAP AND BEARS SOUTH 78'14'55'' EAST 98.89 FEET (98.86 FEET RECORD PER SAID PARCEL MAP) FROM A FOUND 2 INCH IRON PIPE WITH DISC STAMPED 'LS 3189" AS SHOWN ON SAID PARCEL MAP, SAID MONUMENT MARKS THE NORTHWEST CORNER OF THAT PORTION OF IMPALA DRIVE DEDICATED PER SAID PARCEL MAP; THENCE SOUTH 15'54'19'' EAST 173.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 05'54'05'' WEST 28.75 FEET; THENCE SOUTH 84O05'55" EAST 2.58 FEET; THENCE SOUTH 05O54'05" WEST 22.08 FEET; THENCE NORTH 84'05'55" WEST 15.17 FEET; THENCE NORTH 05°54'05" EAST 22.08 FEET; THENCE SOUTH 84O05'55" EAST 2.58 FEET; THENCE NORTH 05O54'05" EAST 28.75 FEET; THENCE SOUTH 84'05'55'' EAST 10.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 622.47 SQUARE FEET MORE OR LESS /2- 24-45 PETER C. GOLDING G+! DATE LS 4768 EXPIRATION DATE 3/31/04 T:\EngrY2600\2600-96\LEGALDESCRIPTION .doc PAGE 1 OF I - RHO AGUA MAP NO. 823 P.M. 15247 88-247094 P.M. 12561 INDICATES FOUND 2" IRON PIPE WITH DISC STAMPED "L.S. 3189" AS SHOWN ON PM 15247. REE ROS 9167 A INDICNTES FOUND 3/4" IRON PIPE WITH DISC, UNRWABL E. ACCEPTED AS POINT SHOWN ON PM 12561. .: -I P. D.C. HlE: 2600-96.DWG 4 SDG&E JOB: PDCO32259-000 2 of I E 2 9 April 16,2004 San Diego Gas & Electric Company C/O Sempra Engergy 8335 Century Park Court, Suite 100 San Diego, CA 92123-1569 Attn: Bernard Johnson GRANT OF EASEMENT - PORTION OF APN: 209-050-26 The Carlsbad City Council, at its meeting of April 6,2004, approved the grant of an easement to San Diego Gas & Electric Company for public utility purposes. The easement is located on a portion of APN: 209-050-26, on the east side of Orion Street, near the City’s Fleet Maintenance and Safety Center properties. The fully executed original easement is enclosed so that you can have it recorded with the Office of the San Diego County Recorder. Assistant City Clerk! Enc. (1) 1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1 989 0 (760) 434-2808 @