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Home My WebLink About2004-10-12; City Council; 17827; Alga Norte Community Park SDG&E easementAB# 17,827 TITLE: MTG 10/12/04 DEPT. Recreation BY MORROW DEVELOPMENT GRANT OF EASEMENT TO SDGE ACROSS ALGA NORTE COMMUNITY PARK REQUESTED RECOMMENDED ACTION : It is recommended the City Council ADOPT RESOLUTION NO. granting an easement to the San Diego Gas and Electric Company across a portion of the City’s Alga Norte Community Park to serve the La Costa Greens development requested by adjacent developer Morrow Development. 2004-322 DEPT.HD. CITY AT ITEM EXPLANATION : Morrow Development, as developers of the Villages of La Costa masterplanned communities, requests the City grant an easement for utility purposes to the San Diego Gas and Electric Company which will enable installation, operation, and maintenance of utilities by SDGE serving the La Costa Greens residential subdivision. As depicted on the attached Exhibit B, the easement totals approximately 89 square feet in size located along the southern most portion of the City’s Alga Norte Community Park site immediately adjacent Poinsettia Lane. City staff have verified with our design team from both Wimmer, Yamada, and Caughey and their su b-consulting civil engineers from Berg Engineering, Incorporated that the location of the proposed easement, and the resulting utility installations therein, will have no adverse impact or cause conflict with the proposed development and operation of the City’s Community Park in this location. Additionally, City staff from Public Works - Engineering have also reviewed the proposed easement and find no conflicts as well. Staff recommends approval of the requested granting of the easement to SDGE to serve the La Costa Greens residential subdivision. ENVIRONMENTAL REVIEW: Granting of easements for minor utility purposes are categorically exempt from environmental review under Section 15301 (b) of the California Environmental Quality Act. Director will file a Notice of Exemption. The Planning FISCAL IMPACT: There is no cost to the City for the granting of this easement to SDGE at this time. EXHIBITS: 1. Resolution No. 2004-322 granting an easement to SDGE. 2. Easement and accompanying exhibits. DEPARTMENT CONTACT: John Cahill, Recreation Department: 760-602-2726; jcahi@ci.carlsbad.ca.us I 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. 2004-322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING AN EASEMENT FOR UTILITY PURPOSES TO THE SAN DIEGO GAS AND ELECTRIC COMPANY TO SERVE THE LA COSTA GREENS SUBDIVISION OF THE VILLAGES OF LA COSTA MASTERPLANNED COMMUNITY, CARLSBAD, CALIFORNIA WHEREAS, the Villages of La Costa Masterplan has been formally approved by the City Council of the City of Carlsbad, California, hereafter the “City;” and WHEREAS, the Developers of said Masterplan have requested City approve the granting of an easement to the San Diego Gas and Electric Company to facilitate the installation, operation, and maintenance of certain utility services and equipment serving the Developer’s projecqs); and WHEREAS, appropriate documents, including a legal description, have been prepared by Developer and forwarded to City for review and execution; and WHEREAS, City has reviewed the requested easement and finds its granting of the easement will have no adverse impacts or conflicts with any development plans the City may have on or within the property upon which the requested easement shall be located; and WHEREAS, the City Council hereby finds it necessary, desirable, and in the public interest to grant the requested easement at this time. 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 an easement, described in the attached documents including a legal description which are hereby incorporated by reference and made a part of this resolution, is hereby granted to the San Diego Gas and Electric Company and the Mayor is authorized to execute said documents granting said easement. 3. That following the Mayor’s execution of said documents, the City Clerk is directed to request recordation from the San Diego County Recorder and forward copies of this resolution and the easement package to Morrow Development, attention Fred Arbuckle, 1903 Wright Place, Suite 180, Carlsbad, California 92008. 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held onthe 12th day of October ,2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, and Packard NOES: None ABSENT: None -2- ATTEST (SEAL) Karen R. Kundtz, Assistant City Clerk 3 Grantor will exercise only such reserved rights in said land as will not interfere with or prohibit the free and complete use and enjoyment by Grantee, its successor or assigns, of the rights hereby granted. Grantee shall have the right to assign any or all rights granted in this easement in whole or in part to other companies providing utility or communication services. Grantee shall have the right to top, cut, remove, or trim interfering plants and trees, and to keep said easement free from and to prevent any person, including Grantor and successors and assigns, from erecting, placing, or storing on said easement any flammable or other hazards and any structures, objects, or earth filldcuts or other obstructions. 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. Dated October 13, 2004 Name Claude Lewis Title Mayor Prepared by: absnyder/epic Checked by: Date: 9-07-2004 COUNTY STATEOF OF .~;ss. / On 1’ , Y /- ,I/ ’ / known to me me on the basis of dtisfactory evidence /’ /,’ / / be the person(s) whose n&e(s) idare subscribed to the ydun instrument and acknoy&dged to me that hehhdthey executed the same in his/her/their auth&ed capacity(ies), and that by hishedtheir signature(s) on the in&ent the person(s), or the Wtity upon behalf of which t6e person(s) acted, ~ /’ executed the instrumh. // WITNESS my &d and official seal. signa?,*’“ P T:land:data:Reddick 23 7232.d~: 2 SEX- A~~~IWE Ctx-ncjcAx, 9/97 REV. 02/01 EXHIBIT “A” LEGAL DESCRIPTION SDG&E EASEMENT PARCEL “A” THAT PORTION OF LOT 5 OF LA COSTA GREENS TRACT NO. 99-03, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14543, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON FEBRUARY 12,2003; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 5, SAID POINT BEING THE NORTHEASTERLY TERMINUS OF THAT COURSE AS SHOWN AND DESCRIBED ON SAID MAP AS NORTH 60’32’22” EAST, 242.99 FEET; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 60’33’05” WEST (SOUTH 60’32’22” WEST RECORD PER MAP 14543), 242.99 FEET TO THE BEGINNING OF A TANGENT 1449.00 FEET RADIUS CURVE, CONCAVE NORTHWESTERLY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OO”39’23” A DISTANCE OF 16.60 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE, NON-TANGENT NORTH 29’26’55” WEST, 5.00 FEET; THENCE NORTH 60’33’05” EAST, 17.50 FEET; THENCE SOUTH 29’26’55” EAST, 5.10 FEET TO A POINT ON THE SAID SOUTHEASTERLY LINE; THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 60’33’05” WEST, 0.90 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 89 SQ.FT., MORE OR LESS. APN 21 3-1 10-04 DAVID W. AMBLER L.S. 7322 HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 :G M:\2352\67\Legal Descriptions\A02 SDGE ESMT LOT 5.dOC wo 2352-67 a11 9/04 EXHIBIT ”B” PLANNING 1W9HumwkemStrret ENGINEERING SM Diego, G 9fU1 SURVNINC PH(858)55&4500. R((858)55EWU 1: \0165\LMop\EP SDGE LOT 5 sht 01 .dwg[ 1993]A~19-19-2004: 09: 10 p.0.C. INDICATES POINT OF COMMENCEMENT :P.O.B. INDICATES TRUE POINT OF BEGINNING SAN DIEGO GAS & ELECTRIC A.P.N. 21 3-1 10-04 r - 1 INDICATES SAN DIEGO GAS & ELECTRIC L - J EASEMENT AREA PARCEL ’A’ = 89 SO FT. INDICATES EXISTING 20’ WIDE PUBLIC A TRAIL EASEMENT DEDICATED PER MAP 14543. INDICATES EXISTING 15.00’ WIDE SEWER A EASEMENT PER DOCUMENT RECORDED FEBRUARY 13, 1998 AS DOCUMENT NO. 1998-00775 12, OF OFFICIAL RECORDS. INDICATES EXISTING 20’ WIDE A VALLECITOS WATER DISTRICT EASEMENT PER DOCUMENT RECORDED MARCH 20, 1998 AS DOCUMENT NO. 1998-01514 14, OF OFFICIAL RECORDS. ( ) INDICATES RECORD BEARING PER MAP NO. 14543. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS DRAWING IS THE CALIFORNIA COORDINATE SYSTEM - 1983, ZONE VI, 199 1.35 EPOCH, NORTH AMERICAN DATUM OF 1983 (NAD83), GRID BEARINGS BETWEEN STATION CLSB-034 AND STATION CLSB-035 AS SAID COORDINATES ARE PUBLISHED IN THE CITY OF CARLSEAD SURVEY CONTROL NETWORK ESTABLISHED BY RECORD OF SURVEY MAP NO. 17271, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON FEBRUARY 8, 2002. IE: N 14’38’03’~ REFERENCED BEARINGS FROM OTHER DOCUMENTS/DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. THE COMBINED SCALE FACTOR AT STATION CLSB-034 IS 0.999950820. GRID DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR. VICINITY MAP N. rs I DAVID W. AMBLER L.S. 7322 EXP. 1 2/3 1 /05 SHEET 1 OF 2 I EXHIBIT "By' PUNNING WU9I-kmekmStreet ENWNEERING S~II Dieeo, G 9TIn SURVMNC PH(858)55M5W. FX(058)5sS-l4l4 I R: \0165\&Ma~\EP SDGE LOT 5 sht 02.DWGr 20951Aua-19-2004 07 57 SHEET 2 OF 2 1 SAN DIEGO GAS & ELECTRIC A.P.N. 21 3- 1 10-04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared 6ersonally known to me - to be the person(&). within instrument hky executed the e(?j on the instrument the personw, ehalf of which the personm acted, 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 & &-=&@?$7*-G3, L& 5 Title or Type of Document: Document Date: &A ~ 13. 004. Number of Pages: -5 Signer@) Other Than Named Above: E A <E- f, i~c/tr~' -fnkl >EGP 6~ 4 ELLC~-TQI~- .--- Capacity(ies) Claimed by Signer(s) 0 Individual 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Guardian or Conservator @ Other: MF)VO f- Signer Is Representing: Signer's Name: E! Individual 0 Corporate Officer. Title@): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee- 0 Guardian or Conservator 0 Other: I I Signer Is Representing: 0 1994 National Notary Association 8236 Rernrnet Ave., P.O. Box 71 84 Canoga Park, CA 91 309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827