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Home My WebLink About2008-04-22; City Council; 19409; SDG & E easement dedicationCITY OF CARLSBAD - AGENDA BILL 19,409AB# MTG. 4/22/08 DEPT. ENG APPROVE THE DEDICATION OF AN EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY OVER A PORTION OF CALAVERA HILLS COMMUNITY PARK (APN 167-101-35) DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2008-116 to approve the dedication of an easement to San Diego Gas and Electric Company over a portion Calavera Hills Community Park (APN 167-101-35). ITEM EXPLANATION: SDG&E is involved in a program to upgrade and improve its electrical system. As part of this program, SDG&E has determined the need for the installation of an electrical switch facility along Tamarack Avenue south of Carlsbad Village Drive, adjacent to Calavera Hills Community Park. San Diego Gas & Electric Company (SDG&E) submitted a letter to the City on December 11, 2007 requesting the City dedicate an easement for their facility upgrades. Staff routed the easement request to affected departments and no objections were received. The proposed easement along Tamarack Avenue is minor in nature and presents no impact to the Community Park uses. Staff has reviewed the easement document and recommends that the City approve the dedication of this easement to SDG&E. ENVIRONMENTAL IMPACT: The Planning Director has determined this activity does not constitute a "Project". Therefore, pursuant to Section 15061 b(3), it can be seen with certainty that there is no possibility this action may have a significant effect on the environment and this activity is not subject to CEQA. FISCAL IMPACT: There are no anticipated fiscal impacts with granting this easement to SDG&E. EXHIBITS: 1. Location Map. 2. 3. Resolution No. 2008-116 to approve the dedication of an easement to San Diego Gas and Electric Company over a portion Calavera Hills Community Park (APN 167-101-35). Grant deed of easement to SDG&E. DEPARTMENT CONTACT: Jeremy Riddle (760) 602-2737 iridd@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED X'D nn n CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D LOCATION MAP NOT TO SCALE CITY OF OCEANSIDE HIGHWAY SITE PACIFIC OCEAN VICINITY MAP NOT TO SCALE PROJECT NAME DEDICATION OF EASEMENT TO SDG&E FOR INSTALLATION OF A TRAYNER ELECTRICAL SWITCH PROJECT NUMBER (SDG&E) 640094-020 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 1/09/08 C: \DEVELOPMENT SERVICES\BOBBETT\SDGE-640094-020.DWG 1 RESOLUTION NO. 2008-116 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, TO APPROVE THE DEDICATION OF AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY OVER A 4 PORTION CALAVERA HILLS COMMUNITY PARK (APN 167-101-35). 5 WHEREAS, San Diego Gas and Electric Company (SDG&E) is upgrading its electrical 6 system in order to provide better reliability to its customers: and 7 WHEREAS, SDG&E has been determined that the installation of an electrical switch 8 facility is necessary to provide better system reliability along Tamarack Avenue: and 9 WHEREAS, SDG&E requires an easement from the City of Carlsbad for installation, periodic inspection and maintenance of its electric facilities: and WHEREAS, the City of Carlsbad has determined it to be in the public interest to grant 12 this easement to SDG&E; and 13 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as 14 follows: . c 1 • That the above recitations are true and correct. 2. That the grant deed of easement to SDG&E, which is on file with the City Clerk16 and is incorporated by this reference, is approved. 3. That the Mayor is authorized to execute the grant deed of easement to SDG&E and the City Clerk is hereby authorized to cause the original easement document to be released toi y SDG&E. 21 22 23 '" 24 '// 25 26 /// 27 28 3 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 22nd day of April, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: tO LORRAINE M. WOOpjCity Clerk (SEAL) 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.: 640094-020 Const. No.: 2870141 A.P.N.: 167-101-35 Sketch No.: C-5023 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, 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 Lot "J" of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego as described in a Deed recorded December 30, 1987 at Recorder's File/Page No. 87-714906 of Official Records of said County of San Diego. The easement in the aforesaid land shall be described in Exihbit "A" (consisiting of one (1) page) and shown and delineated on Exhibit "B" (consisting of one (1) page), both 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 materials, plant any trees and/or shrubs within eight feet of the front of the door or hinged opening of any pad mounted electrical equipment 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. s:land:data. indivusers.gmayo. easementjobs. 640094cityofcarhbad. doc 9/97 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 fills/cuts or other obstructions. Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably be withheld. 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 CITY Q iton Name: Claude A. Lewis Title: Mayor By:. Name:_ Title: Prepared by: GAM Checked: Date: December 10,2007 s:land:data.indivusers.gmayo.easementjobs.640094cityofcarlsbad.doc 9/97 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT msfeBssaamBsmms^^ State of California County of On /jUu "^I Date ' personally appeared before me, 1 J f^^^nu^, Wgrku^ T^^ . Mere Insert Nan* and Title of the Officer' Name(s) of Slgner(s) SHERRY A. FREISINGER Commission # 1727064 Notary Public - California San Diego County MyComm.BrtmFib2a.20ii 1 Ii who proved to me on the basis of satisfactory evidence to be the person(^f whose name(p) is/ar/subscribed to the within instrument and acknowledged to me that he/sjje/they executed the same in his/tyff/thofr authorized capacity(i§i$, and that by his/h^r/thejf signature^ on the instrument the person^, or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myJiand and official Place Notary Seal Above Signature OPTIONAL Signature of Notary 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 Title or Type of Document: Document Date: _ "7J-£W /6» -7- /Ol- 3 5" Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): ______ G Partner —•D Limited D General RIGHT THUMBPRINT OF SIGNER Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact RIGHT THUMBPRINT OF SIGNER D Trustee D Guardian Or Conservator n Other: Signer Is Representing: $3ffyflgg6MjSj«feSlij{jgy<^^ Top of thumb here D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here S2e$£esges£es2$£2es£ O2007 National Notary Association'9350 DeSotoAve., P.O. Box 2402-Chatsworth.CA 91313-2402- www.NatonalNotary.org Item #5907 Reorder Call Toll-Free 1-800-876-6827 H:\Development Services\MASTERS\DEEDS, GRANTS, EASEMENTS\GRANT DEED OF EASEMENT CITY (1 -24-08) doc — ? EXHIBIT "A" The easement in the aforesaid lands shall be more particularly described as follows: Commencing at a found well monument marked "L.S. 4324", marking the intersection of the centerlines of "GLASGOW DR." and "CARLSBAD VILLAGE DRIVE" as shown and delineated on Record of Survey Map No. 16661, filed July 14, 2000 at File No. 2000-372465 in the Office of the County Recorder of San Diego County; said point bears North 71° 22' 01" East, 911.62 feet (Rec. 911.63 feet) from a found well monument marked "L.S. 3189", marking a point in the Westerly prolongation of said centerline of "CARLSBAD VILLAGE DRIVE", as shown and delineated on said Record of Survey Map No. 16661; thence from said intersection of the centerlines of "GLASGOW DR." and "CARLSBAD VILLAGE DRIVE", South 58° 33' 45" West, 579.35 feet, thence South 71° 21' 53" West, 4.78 feet to the Northeasterly line of "TAMARACK AVE." being 84.00 feet in width, said point also being the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING, South 18° 38' 07" East along said Northeasterly line of "TAMARACK AVE.", 14.95 feet; thence North 71° 21' 53" East, 4.78 feet; thence North 18° 38' 07" West, 14.95 feet; thence South 71° 21' 53" West, 4.78 feet to the TRUE POINT OF BEGINNING. s:land:data. indivusers.gmayo. easementjobs. 640094cityofcarlsbad.doc 9/97 6 1 INDICATES SDGtE EASEMENT | (AREA = 715 SO. FT.)fc I, INTER GLASGOW DR * CARLSBAD VILLAGE DR 91 MAP 14622 RANCHO AGUA HEDIONDA MAP 823EXIST 3384 SWITCH M3654267895 TIE DETAIL SCALE r=10'MAP 10663 A - FND WELL MON LS 4324 SEE ROS 16661 A = FND WELL MON LS 3189 SEE ROS 16661 ft MAP 10663 I TRAYER SWITCH W/RETAINING WALL THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND ACT ONDECEMBER 04, 2007. PAUL G. ROBOTTA LS 5334 UG ELEC SAN DIEGO GAS & ELECTRIC SAN DIEGO. CALIFORNIA C783:SAD)I 2008 ERI SECT 10 WRST PERFORM TAMARACK AVE & ELM AVE CARLSBAD ORIGINATOR G MAYO SURVEYED BYiNOLTE/RAH DRAWN BY<NOLTE/AAW DATE"12-04-07 SCALE' OK TD INSTALL) R/W OKi DATE! THUS. BROS.1M7-A4 PROJECT NO. 640094-020 CONST. NO. 2870141 DRAWING NO. O5O2.3 NO.SUPPLEMENTS DATE:BY APP'D NHI TF: Mi\s:nr;F\pn7iiA4\^n7n7n7\i?n7ii64-<cn7n7n7Tiun PIWK ni