HomeMy WebLinkAbout2004-10-12; City Council; 17828; Aviara Community Park SDG&E easementn
AB# 17,828 - TITLE :
MTG . 1 13/12/04 GRANT OF EASEMENT TO SDGE REQUIRED
DEPT. RECREATION FOR AVIARA COMMUNITY PARK
CITY AT
CITY MGRW
RECOMMENDED ACTION :
It is recommended the City Council ADOPT RESOLUTION NO. 2004-323 granting an
easement to the San Diego Gas and Electric Company required to install and maintain utility
services within City’s Aviara Community Park.
ITEM EXPLANATION :
The City’s Aviara Community Park Project is currently under construction. The San Diego Gas
and Electric Company will be providing utility services to the park site and require the granting of
an easement to facilitate the installation and long term maintenance of these services. This is a
standard SDGE requirement for utility services which are required to leave the immediate area of
the street right-of-way and extend onto the property to install and maintain the services.
Alignments of these utility services have already been coordinated with SDGE personnel and
they present no current or future conflicts with the layout of the park site and its facilities.
Staff recommends approval of the attached easement (Exhibit 2) to SDGE for this purpose.
FISCAL IMPACT:
There is no cost to the City for the granting of this easement. Utility installation costs from all
service providers have already been budgeted in the Aviara Community Park Project account.
EXHIBITS:
1. Resolution No. 2004-323 granting an easement to SDGE required for the
construction of Aviara Community Park.
2. Easement documents.
DEPARTMENT CONTACT: J. Cahill, (760) 602-2726; jcahi@ci.carlsbad.ca.us
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RESOLUTION NO. 2004-323
A RESOLUTION OF THE CITY OF CAIUSBAD, CALIFORNIA,
GRANTING AN EASEMENT FOR UTILITY PURPOSES TO THE
SAN DIEGO GAS AND ELECTRIC COMPANY REQUIRED FOR
THE CONSTRUCTION OF CITY’S AVIARA COMMUNITY PARK
WHEREAS, the City Council of the City of Carlsbad, California, has previously awarded a
construction contract for the development of Aviara Community Park, hereafter referred to as the
“Project;” and
WHEREAS, the installation and long term maintenance of utility services is an important and
necessary component of the Project; and
WHEREAS, the San Diego Gas and Electric Company shall be providing said utility services
to the Project and requires the City of Carlsbad grant an easement to facilitate the installation and
long term maintenance of said utility services;
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. The City of Carlsbad does hereby grant an easement to the San Diego Gas and Electric
Company required for the Project and the Mayor is authorized to execute said easement
documents. Following the Mayor’s execution of said documents, the City Clerk is
directed to have said documents recorded in the Office of the San Diego County Recorder.
The City Clerk is further directed to assemble copies of said recorded documents and this
resolution and forward same to the following: (A) San Diego Gas and Electric Company
8335 Century Park Court, Suite 100, San Diego, California 92123-1589, and, (B) Mr.
Norm Luker, c/o NTD - Stichler Architects, 9655 Granite Ridge Drive, Suite 400, San
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Diego, California, 92123, and (C) Public Works Inspection Division, Public Works
Department, City of Carlsbad, attention: Mr. Grant Eklund.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 12th day of October , 2004 by the following
vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, and Packard
NOES: None
CLAUDE A. LEWIS, Mayor
ATTEST:
(SEAL)
Karen R. Kundtz, Assistant City Clerk
PC RES0 NO. -2- 3
Recording Requested by
San Diego Gas & Electric Company
I When recorded, mail to:
San Diego Gas & Electric Company
8335 Century Park Court, Suite 100
San Diego, CA 92123-1569
Attn: Real Estate Records - CP11D
Project No.: 233080-010 & 020
Const. No. : 2750 140/ 1689 1 50
A.P.N.: 2 15-080-29
SPACE ABOVE FOR RECORDER’S USE
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, (3) Pipelines and appurtenances for any and all purposes, together with the
right of ingress thereto and egress therefrom over said easement and over other practical routes
across Grantor’s land situated in the City of Carlsbad, County of San Diego, State of California
described as follows:
That portion of Section 22, Township 12 South, Range 4 West, San Bernardino Meridian;
described in a Deed recorded June 29, 1989 at Recorder’s File/Page No. 89-345769 of Official
Records of said County of San Diego.
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 four (3) feet, measured at right
angles, on each exterior side of each and every utility facility installed within said property.
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 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 and/or shrubs within eight feet of the front of the door or hinged
opening of any above ground structures 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 and/or protective barricades as may be
necessary for Grantee’s purposes. I
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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 fillshts or other obstructions.
Grantee agrees to indemnifj and hold harmless the Grantor and its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses, including
attorney's fees arising out of the construction, maintenance or use of the facilities described
herein caused in whole or in party 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 Grantee discontinues its use of the
facilities therein. Upon termination, all facilities, appurtenances, and protective barricades or
retaining walls shall be removed by Grantee at Grantee's expense forthwith.
All engineering data and/or legal descriptions(s) for the location(s) of the facilities in this
easement has been Mshed to Grantee by Grantor's Engineer, Ronald E. Roth, Licensed Land
Surveyor, State of California, No. L.S. 5506. Grantor accepts full responsibility for the accuracy
of such data and descriptions and declares that the descriptions represent the locations of
Grantee's facilities within Grantor's property as previously agreed upon by Grantor and Grantee.
Grantor agrees that should any changes in grade, realignment of road, street, or avenue, or
relocation of facilities become necessary as a result of inaccuracies of data furnished by Grantor,
such changes, realignment or relocation shall be immediately remedied by Grantor at Grantor's
sole expense, and upon Grantor's failure to remedy same within 30 days after demand, Grantee
shall have the right, but not the duty, to make such changes, realignments or relocations and
Grantor shall promptly pay to Grantee all reasonable charges thereof.
Dated October 13, 2004
CITY OF CARLSW,
NAME: CLAuiM A. LLMIS
TITLE: Mayor
APPROVED AS TO FORM
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5
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
Countyof Said aik.Go
personally appeared ,
o be the person(w
Name@) d Sgnefls)
Signature of Notaw Public
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
Title or Type of Document: FA,cmt%
DocumentDate: . Number of Pages: 7
Signer(s) Other Than Named Above: rc----
Capacity(ies) Claimed by Signer(s)
0 Individual
Corporate Officer
0 Attorney4 n- Fact
Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator 0 Other: Top of thumb here
I I
Signer Is Representing: I I
0 1994 National Notary Association 8236 Flemmet Ave , P.O. Box 7184 - Canoga Park, CA 913097184 Prod. No 5907 Reorder. Call Toll-Free 1-600-876-6827
~~
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF CITY OF CARLSBAD TRACT NO. 92-3, OF AVIARA PHASE 111, UNIT
NO. 1, AS SHOWN AND DESIGNATED THEREON AS "NOT A PART" (PARK SITE), IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO 13434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON JUNE 23, 1997, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 13 OF CARLSBAD TRkCT NO.
97-17, AVIARA PLANNING AREA 19, ACCORDING TO MAP THEREOF NO. 13909 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON DECEMBER 28, 1999, SAID
CORNER BEING OCCUPIED BY A 2" DIAMETER IRON PIPE WITH DISK MARKED L.S. 5894,
BEING DISTANT S.89'46'56W. 615.45 FEET ALONG THE NORTHERLY BOUNDARY LINE OF
SAID MAP 13909 FROM A FOUND 2" IRON PIPE WITH DISC MARKED L.S. 5894 SET TO MARK
THE NORTHEASTERLY CORNER OF LOT 8 OF SAID MAP NO. 13909, SAID NORTHWESTERLY
AS SHOWN AND DEDICATED TO THE PUBLIC ON SAID MAP NO. 13434 AND ALSO BEING IN
CORNER ALSO BEING IN THE NORTHEASTERLY RIGHT-OF-WAY LINE OF AMBROSIA LANE
A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50.00
FEET, A RADIAL LINE TO SAID NON-TANGENT CURVE AT SAID POINT BEARS N.83'59'01"E.;
THENCE NORTHWESTERLY, 53.74 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 61'34 56 TO THE INTERSECTION WITH A LINE BEING RADIAL TO SAID CURVE
WHICH BEARS N.22'23 ,3073.; SAID INTERSECTION ALSO BEING THE TRUE POINT OF
BEGINNING; THENCE CONTINUING 20.46 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 23'26 38" TO THE INTERSECTION WITH A LINE BEING RADIAL TO SAID
CURVE WHICH BEARS N.01'03 08"E., SAID INTERSECTION ALSO BEING IN A NON-TANGENT
CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 17.25 FEET, A LINE
RADIAL TO SAID NON-TANGENT CURVE AT SAID INTERSECTION BEARS S.46'4346'W.;
THENCE NORTHWESTERLY 4.70 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 15'3718";THENCE TANGENT FROM SAID CURVE N.27'38'58'W. 13.95 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS
OF 284.75 FEET; THENCE NORTHWESTERLY 123.25 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 24'48'00''; THENCE TANGENT FROM SAID CURVE N.52'26'57'W. 5 1 SO
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 214.75 FEET; THENCE NORTHWESTERLY 86.80 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 23O09'34; THENCE TANGENT FROM SAID CURVE
N.75'36'31'W. 123.58 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 264.75 FEET; THENCE NORTHWESTERLY
52.02 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11'15'30" TO THE
INTERSECTION WITH A LINE BEING RADIAL TO SAID CURVE WHICH BEARS N.03'07'59"EE.,
TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 68.50 FEET,
THENCE NORTHWESTERLY 44.17 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 36'56'29'' TO THE BEGINNING OF A TANGENT, REVERSE CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 52.00 FEET, A RADIAL LINE TO SAID
REVERSE CURVE AT SAID POINT BEARS SS1'45'56'W.; THENCE NORTHWESTERLY 20.35
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22'25'08''; THENCE TANGENT
FROM SAID CURVE N.14'50'25'W. 29.41 FEET TO AN ANGLE POINT; THENCE N.75'09'35"E.
10.50 FEET TO AN ANGLE POINT; THENCE S.14'50'25"E. 10.00 FEET TO AN ANGLE POINT;
THENCE S.75'09'35'W. 4.50 FEET TO AN ANGLE POINT; THENCE S.14'50'25''E. 19.41 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A
THENCE NON-RADIAL TO SAID CURVE N.01'17'35"E. 5.39 FEET TO THE BEGINNING OF A
PAGE 1 OF 2
RADIUS OF 46.00 FEET; THENCE SOUTHEASTERLY 18.00 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 22'25'08'' TO THE BEGINNING OF A TANGENT, REVERSE
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 74.50 FEET, A RADIAL
LINE TO SAID REVERSE CURVE BEARS NS1'45'56''E.; THENCE SOUTHEASTERLY AND
SOUTHERLY 49.77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38'16'27'' TO
THE INTERSECTION WITH A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 270.75 FEET, A RADIAL LINE TO SAID NON-TANGENT CURVE AT
SAID INTERSECTION BEARS N.04'21'46"E.; THENCE SOUTHEASTERLY 47.39 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 10'01'43''; THENCE TANGENT FROM SAID CURVE, S.75'36'31''E. 123.58 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 220.75 FEET; THENCE SOUTHEASTERLY
89.23 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23'09'35''; THENCE
TANGENT FROM SAID CURVE SS2'26'57''E. 51.50 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 290.75 FEET; THENCE
SOUTHEASTERLY 125.85 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
24'48'01''; THENCE TANGENT FROM SAID CURVE S.27'38'58"E. 2.48 FEET TO AN ANGLE
POINT; THENCE N.62'21'02"E. 7.00 FEET TO AN ANGLE POINT; THENCE S.27'38'58''E. 9.00
FEET TO AN ANGLE POINT; THENCE S.62'2 1 '02'W. 7.00 FEET TO AN ANGLE POINT; THENCE
S.27'38'58"E. 2.48 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 11.25 FEET; THENCE SOUTHEASTERLY,
EASTERLY AND NORTHEASTERLY 16.96 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 86'22'47''; THENCE TANGENT FROM SAID CURVE N.65'58'15"E. 1.66 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS
OF 120.75 FEET; THENCE TANGENT FROM SAID CURVE N.78'19'05"E. 11.83 FEET TO THE
BEGI"G OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 109.25 FEET; THENCE NORTHEASTERLY 61.80 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 32'24'39''; THENCE TANGENT FROM SAID CURVE N.45'54'25''E. 24.23
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 220.75 FEET; THENCE NORTHEASTERLY 136.19 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 35'20'58'' TO THE INTERSECTION WITH A LINE
BEING RADIAL TO SAID CURVE WHICH BEARS N.08'44'37'W.; THENCE NON-RADIAL FROM
SAID CURVE, N.06'15'43"W. 13.44 FEET TO AN ANGLE POINT; THENCE N.83'44'17"E. 12.50
FEET TO AN ANGLE POINT; THENCE S.06'15'43"E. 19.23 FEET TO AN ANGLE POINT;
THENCE S.83'44'17'W. 2.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 214.75 FEET; THENCE SOUTHWESTERLY
141.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37'49'51''; THENCE
TANGENT FROM SAID CURVE S.45'54'25'W. 24.23 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 115.25 FEET; THENCE
SOUTHWESTERLY 65.19 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
32'24'39"; THENCE TANGENT FROM SAID CURVE S.78'19'05'W. 11.83 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS
OF 114.75 FEET; THENCE SOUTHWESTERLY 24.73 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 12'20'49"; THENCE TANGENT FROM SAID CURVE S.65'58'15'W. 1.24
FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING AN AREA OF 0.121 ACRES (5286 SQUARE FEET)
PLS 5506
(MY LICENSE EXPIRES ON 9-30-06)
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Pi.! 5, & LS. 5506 RONALD E. ROW
OK TO INSTALL. MMKI ORIGINATOR:
SURWXD BY: R/rv OK:
DRAW BE DA E:
LEGEND
A: INDICATES FOUND 2” IRON PIPE PER
MAP NO. 13909, WITH DISC MARKED LS
5894 PER CERTIFICATE OF CORRECTION
RECORDED 12-28-99 AS F/P NO.
PROXCT NO.
233080-01 0
CONST. NO.
SAN DIEGO GAS & ELECTRIC
SAN DEGO. CAUfORNIA
I I uo. SUPPLEMME
ZONE 19 COMMUNIW PARK
AMBROSlA LN. N/O POlNSEmA LN. CARLSBAD
DAE: BE
9
- 1 127 0-4 mos. BROS. 9/21/04 DA E:
SCALE:
I CURE TABLE I ~ ~ ~~
CURE LENGTH RADIUS DELTA
C1 125.85 290.75 24'48'01"
c2 16.96 11.25 86'22'47"
c3 26.02 120.75 12'20'49"
c4 61.80 109.25 32'24'39"
C5 136.19 220.75 35'20'58"
EXHlBlT "B" SHEET 2 OF 2
C6 141.79 214.75 37'49'51"
c7 65.19 115.25 32'24'39"
C8 24.73 114.75 12'20'49"
c9 4.70 17.25 15'37'18"
C10 123.25 284.75 24'48'00"
C11 20.46 50.00 23'26'38"
6' WIDE ESMT.
BASIS OF BEARINGS N. 89'46 '56 "E.
7
2
* NORTH KS TERL Y 9
4 CORNER LOT 8
I
4 NORTHEASTERLY .- U
6
I
0
9 z!
-
4
- 2
5 g 30' WIDE WATER ESMT. IN FAVOR OF CARLSBAD MUNICIPAL WATER DlSTRlCT, - RECORDED 7-21-58 IN 3
2 BK. 71 74, PG. 290, O.R. : 5 (EXISTING WATERLINE REMOVED)
::
'\
I UNE TABLE I
27501 40
DRAWNG NO. THOS. BROS. 9/21/04 1127 D-4 ZONE 79 COMMUNl7-Y PARK
AMBROSlA LN. N/O POlNSET77A LN. CARLSBAD
DA E:
SCALE:
4 I I
%
DATE: BY: 3 NO. SUPPLEMENTS
5.
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