HomeMy WebLinkAbout2004-10-26; City Council; 17859; Approveal of Easement to SDG&ELOCATION MAP
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RESOLUTION NO, 2004-33
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
CARLSBADIENCINA JOINT USE FACILITY, PROJECT NO. 3888.
WHEREAS, Resolution No. 2002-075 was adopted by the City Council on March 5, 2002
approving an agreement between the City of Carlsbad and the Encina Wastewater Authority
(EWA) for the design and construction of the Flow Equalization Basin and Joint Use Facility
project (Joint Use Facility); and
WHEREAS, the Joint Use Facility project is an integral and necessary element of
Carlsbad’s Phase I1 Recycled Water System; and
WHEREAS, the Encina Wastewater Authority is the lead agency for the Joint Use Facility
project and has entered into an agreement with SDG&E for the extension and construction of
underground electric facilities to the Joint Use Facility; and
WHEREAS, a portion of the Joint Use Facility project is located on property owned by the
City of Carlsbad; and
WHEREAS, SDG&E requires an easement from the City of Carlsbad for periodic
inspection and maintenance of its 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 San Diego Gas & Electric Company; and
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 grant deed of underground electric easement to San Diego Gas & Electric
Sompany, which is on file with the City Clerk and is incorporated by this reference, is approved.
Ill
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3. That the Mayor is authorized to execute the grant deed of underground electric
easement to San Diego Gas t? 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 26th day of October , 2004 by the following vote, to wit:
Kulchin, Hall and Packard.
FV' " CLAUDE A. LEWI$,M&" Y W
ATTEST
(SEAL)
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
Exhibit “A” attached SPACE ABOVE FOR RECORDER’S USE
Project No.: 240285-010
Const. No.: 2761080
A.P.N.: 2 14-0 1 0-95
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
and over other practical routes across Grantor’s land situated in the County of San Diego, State of
California described as follows:
That portion of Section 20, Township 12 South, Range 4 West, San Bernardino Meridian
together with that portion of La Costa Downs Unit No 1, according to Map thereof No 2013,
filed in the Office of the County Recorder of said County of San Diego, described in Parcel “B”
of a Deed recorded July 3 1,2001 at Doc # 2001-0536593 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 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, deposit any material, plant any trees and/or shrubs within eight feet of the front of
the door or hinged opening of any above ground facility(ies) 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.
1 5
Grantor will exercise only such reserved rights in said land as will not interfere with or
prohibit the fiee 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.
Grantee agrees to indemnify and hold harmless the Grantor and its officers, officials,
employees and volunteers fiom 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.
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 26, 2004
CIT
BY:
Its: Mayor, City of Carlsbad
BY:
Prepared by: absmydedepic
Checked:
Date 10-01 -2004
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 'I
I Name(s) of Signer(s) personally appeared
personally known to me 5 proved to me on the basis of satisfactory
evidence
i c
Place Notary Seal Above
to be the personw whose name& is/m
subscribed to the within instrument and
acknowledged to me that he/sk&Wiey executed
the same in his/h&#+ek authorized
capacity+@, and that by his/kMheir signatureNon the instrument the persono, or
the entity upon behalf of which the personw
acted, executed the instrument.
WITNESS my hand and official seaA
0 PTlO NA L
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 reattachmenf of this form to another document.
Description of Attached Document -
Title or Type of Document: &&jghneSh,/
Document Date: c)c-iDba ac aO Dq Number of Pages: L
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: Ccm bE A. cErt3 45 g Individual
Corporate Officer - Title@):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
G Other:
Signer Is Representing:
/b fiq b .K J
1 Ty 0 P wm&B
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~?
0 1997 National Notary Association * 9350 De Soto Ave., PO. Box 2402 - Chatsworth, CA 91313-2402 Prod No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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PROJECT NAME 8, LOCATION
EFFLUENT EQURLIZAPlrjTf fACttlTlG
CAREBAD AVkIIDA ENCI NAS
CONST. NO.: 27 6
PROJECT NO.: 240735 - 010
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DRAWN EY:hwgm OK TO HSTALL: DRAWING NO:
DATE:l~-Qi-z~ R’WoK:
I SCALE: NONE JOB TYPE:uI;& COORDINATES
REFERENCES: Ra $0441 m/#bS27-
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EXHIBIT “A