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HomeMy WebLinkAbout2007-03-20; City Council; 18937; SDG & E easement approvalCITY OF CARLSBAD - AGENDA BILL AB# 18,937 MTG. 3/20/07 DEPT. ENG APPRfWF THF nFDIPATION OF AM FA^FMFNT TO SAN DIEGO GAS & ELECTRIC COMPANY FOR SERVICE TO FARADAY AVENUE DEPT. HEAD ^3" CITYATTY. tf^ CITY MGR.^^T^ RECOMMENDED ACTION: Adopt Resolution No. 2007-061 approving the dedication of an easement to San Diego Gas and Electric Company for utility service to Faraday Avenue. ITEM EXPLANATION: The developer of Carlsbad Oaks North is required to extend Faraday Avenue from the existing terminus within the City of Vista to Orion Street in the City of Carlsbad. Part of the construction of this arterial roadway includes the installation of electric utility service to street lights, traffic signals and other facilities. San Diego Gas & Electric Company (SDG&E) has 2 locations for transformers and appurtenances that are positioned on property owned by the City of Carlsbad. The locations are required because of slope and sidewalk constraints adjacent to Faraday Avenue and cannot be relocated or stretched more than they already are. Both locations for SDG&E facilities can be served by one easement. The developer has negotiated other easements with San Diego Gas & Electric (SDG&E) for the utility service to Faraday Avenue, with the exception of this one. The City owns the adjacent land on this portion of Faraday Avenue next to Fire Station No. 5. To receive electrical service to this portion of Faraday Avenue, an easement must be provided to SDG&E by the City. Staff has reviewed the easement document and recommends that the City approve the dedication of this easement to San Diego Gas & Electric Company. ENVIRONMENTAL IMPACT: Environmental impacts have been addressed with the Subdivision and Specific Plan for Carlsbad Oaks North per EIR 98-08 and City Council Resolution No. 2002-298. FISCAL IMPACT: There are no anticipated fiscal impacts with granting this easement to SDG&E. EXHIBITS: 1. Location Map. 2. Resolution No. 2007-061 approving the dedication of an easement to San Diego Gas & Electric Company for utility service to Faraday Avenue. 3. Grant deed of easement to San Diego Gas & Electric Company. DEPARTMENT CONTACT: Clyde Wickham (760) 602-2742 cwick@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED sfnnna CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES nnn n LOCATION MAP SITE CITY Or OCEANSIDE HIGHWAY VICINITY MAP SITE NOT TO SCALE NOT TO SCALE PACIFIC OCEAN PROJECT NAME DEDICATION OF AN ELECTRIC EASEMENT TO SAN DIEGO GAS & ELECTRIC PROJECT NUMBER CT97-13 EXHIBIT 1 DRAW BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 2/27/07 C:\DEVELOPUENT PROJECTS\PR\CT97-13_SDGE.DWG 1 RESOLUTION NO. 2007-061 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING THE DEDICATION OF AN EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY FOR 4 UTILITY SERVICE TO FARADAY AVENUE. 5 WHEREAS, the City Council of the City of Carlsbad has determined it necessary, desirable, and in the public interest to extend Faraday Avenue from its terminus in the City of Vista to Orion Street in the City of Carlsbad: and 8 WHEREAS, the extension of this arterial includes the installation of electric utility service to street lights, traffic signals and other facilities: and 10 WHEREAS, locations of easements and facilities are on property that is owned by the 11 City of Carlsbad: and 12 WHEREAS, San Diego Gas & Electric Company requires an easement from the City of Carlsbad for installation, periodic inspection and maintenance of its electric facilities; and 14 WHEREAS, the City of Carlsbad has determined it to be in the public interest to grant 15 this easement to San Diego Gas & Electric Company; and 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as 17 follows: 1. That the above recitations are true and correct. 1 g 2. That the grant deed of easement to San Diego Gas & Electric Company, which is 20 on file with the City Clerk and is incorporated by this reference, is approved. 21 3. That the Mayor is authorized to execute the grant deed of easement to San Diego 22 Gas & Electric Company and the City Clerk is hereby authorized to cause the original easement 23 document to be recorded in the Office of the County Recorder of San Diego County, State of 24 California. 25 "< 26 27 28 /// 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 City Council of the City of Carlsbad on the 20th day of March, 2007, by the following vote: AYES: Council Members Lewis, Hall, Packard. NOES: None. ABSENT: Mayor Pro Tern Kulchin. L Oo "HORRAINE M. WOOD, City Clerk J (SEAL) pn/ •/ /• "••••»» v"***.,*>* Recording Requested by San Diego Gas & Electric Company 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.: 532664-010 Const. No.: 2839280 A.P.N.: 209-050-26 SPACE ABOVE FOR RECORDERS 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, 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 Lot "B" of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, described in a Deed recorded June 30, 1982 as Document No. 82-201566 of Official Records of said County of San Diego. The easement in the aforesaid land is described in Exhibit "A" and shown and delineated in Exhibit "B", all 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 aboveground facilities installed within this easement. Grantor grants to Grantee the right to erect and maintain within this easement retaining walls and/or protective barricades as may be necessary for Grantee's purposes. 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 I 3 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 fills/cuts or other obstructions. Dated CITY IPAL CORPORATION BY: NAME: Claude A. Lewis NAME: Karen R. Kundtz TITLE: Mayor TITLE: Assistant City Clerk Prepared by: PDC-SCB Checked: Date 10/12/2006 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. On nrWT&Jn 3LU,. before me (name, title of officer), appeared ........... ClajL>d*_ .......... tL. Q personally known to me proved to me on the basis of satisfactory evidence to be the person^) whose name$)(1sjJafe subscribed to the within instrument and acknowledged to me that<lKp?9he/they executed the same in^^hcr/thoir authorized capacity(Jes), and that byCSjybor/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CommMonf Noioty Pubic - CoHbfrto Son Dtogo County STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS' On j£CkkQJCLfci , before me ^ , title of officer), appeared jQ personally known to me Q proved to me on the basis of satisfactory evidence to be the personj#) whose name(>)(isj3u* subscribed to the within instrument and acknowledged to me that he($K£ytJiey executed the same in tt(Jlier)ti«Mf authorized capacity^ies)^ and that by •hi^/her)rtheB'- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SHEILA RENAE COHAN Notoy PuMc • CoMonHo Son Otogo County~ -7 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A" COMMENCING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF FARADAY AVENUE, SAID POINT BEING THE EASTERLY TERMINUS OF A LINE THAT BEARS NORTH 78°47'33" WEST 309.68 FEET; THENCE ALONG SAID NORTHERLY' RIGHT OF WAY LINE NORTH 78°47'33" WEST 154.38 FEET TO THE TRUE POINT OP BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY LINE NORTH 78*47'33" WEST 20.00 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE NORTH 11°12'27" EAST 7,00 FEET; THENCE SOUTH 78°47'33" EAST 20.00 FEET; THENCE SOUTH 11°12'27" WEST 7.00 FEET TO THE TROT! POINT OF BEGINNING. CONTAINING 0.003 ACRE MORE OR LESS. PARCEL "B" COMMENCING AT SAID POINT OF COMMENCEMENT, SAID POINT ALSO BEING THE BEGINNING OF A 867.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTH, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 11°12'27" EAST? THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE EASTERLY AND SOUTHEASTERLY 264.67 FEET THROUGH A CENTRAL ANGLE OF 17°29'27" TO THE TRUE POINT OP BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE SOUTHEASTERLY 35.00 FEET THROUGH A CENTRAL ANGLE OF 02°18'47"; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE NORTH 29°51'18" EAST 7.18 FEET; THENCE NORTH 60°08'42" WEST 35.00 FEET; THENCE SOUTH 29°51'18'/ WEST 7.18 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.006 ACRE MORE OR LESS. PETER C. GOLDING LS 4768 EXPIRATION DATE 3/31/08 DATE T;\Engr\3300V130n-82\IJ;GAI.-CrrY.doc PAGE 1 OF 1 \ ROS 9167 82-315504 10-14-82 N I SCALE: 1"=200' \ \ RANCHO AGUA HEDIONDA MAP NO. 823 PDR, LOJ-'B' LEGEND POC INDICATES POINT OF COMMENCEMENT TPOB INDICATES TRUE POINT OF BEGINNING INDICATES PROPOSED SDG&E EASEMENT AREA SDG&E JOB: •CI.DWG 532656-010 REF: MAP 14926 SHT 1 OF 2 ROS SAN DIEGO GAS & ELECTRIC SAN DIEGO. CALIFORNIA CARLSBAD OAKS NORTH/ FARADAY AVE. CARLSBAD, CA ORIGINATOR: SURVEYED BY: DRAWN BY: PDC/SWV DATE: 10-13-2006 SCALE! f-200' OK TO INSTALL: R/W OK: DATE: THOS. BROS. PROJECT NO. 532656-010 CONST. NO. 2839240 DRAWING NO. NO.SUPPLEMENTS DATE: BY APP'D RANCHO AGUA HEDIONDA MAP NO. 823 PUR, LDT-'B' EASEMENT DETAI NO SCALEROS 9167 AREA - 140 SO. FT. = 0.003 AC.PARCEL "B* AREA - 247 SO. FT. » 0.006 AC. POC PT, ON N'LY R.O.U, LINE OF FARADAY AVENUE & c; C2 C3 337.72' 264.GT 35.00' 867.00' 867.00' 867.00' P,D.C. FILE: 3300-82-CI.DWG SDGAE JOB: 532656-010 2219'05" 17W27' 218'47"NOTE' r^crunjT AND SIZES SAN DIEGO GAS & ELECTRIC SAN DIEGO, CALIFORNIA CARLSBAD OAKS N FARADAY AVI CARLSBAD, CA NO. ORTH/ !i. ORIGINATOR: SURVEYED BY: DRAWN BY: PDC/SWV DATE: 10-13-2006 SCALE: NONE \ LOCATIONS ARE CONDENSED EXAGGERATED FOR CLARITY. SHT 2 OF 2 OK TO INSTALL R/W OK: DATE: THOS. BROS. SUPPLEMENTS \ PROJECT NO. 532658-010 CONST. NO. 2839240 DRAWING NO. DATE: BY APP'D