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HomeMy WebLinkAbout2008-06-10; City Council; 19466; Approve the dedication of easement to SDG&E/^3*Sex /&S*%t3i!3&\ (^M ) CITY OF CARLSBAD - AGENDA BILL\§ijij&/ y AB# 19j466 MTG. 6/10/08 DEPT. ENG APPROVE THE DEDICATION OF AN EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY OVER A PORTION OF ALGA NORTE COMMUNITY PARK (APN 21 3-1 10-04) DEPT. HEAD ^ 9 ^1£Tri CITYATTY. ?($*, CITY MGR. (^^- ^ RECOMMENDED ACTION: Adopt Resolution No. 2008-160 to approve the dedication of an easement to San Diego Gas and Electric Company (SDG&E) over a portion of Alga Norte Community Park (APN 213-110-04). ITEM EXPLANATION: SDG&E will be supplying electrical power for the proposed Alga Norte Community Park. SDG&E has determined that they need to install underground electrical facilities and appurtenances for the transmission and distribution of electricity together with the right to ingress thereto and egress therefrom over a 6-foot wide easement extending from Alicante Road west to the electrical meter located at the proposed mechanical building in conformance with the project's plans. SDG&E submitted a letter to the City dated March 3, 2008 requesting the City dedicate an easement for their facility improvements. The alignment of the proposed easement crosses the proposed parking lot located between Alicante Road and the proposed maintenance building and conforms with the design plans for the park project. Staff has reviewed the easement document and recommends that the City approve the dedication of this easement to SDG&E. ENVIRONMENTAL IMPACT: On March 1, 2006, the Planning Commission adopted Resolution No. 6039 and 6040, adopting a Negative Declaration (ND) and Conditional Use Permit No. 04-08, respectively for the project. FISCAL IMPACT: There are no anticipated fiscal impacts with granting this easement to SDG&E. EXHIBITS: 1. Location Map. 2. Resolution No. 2008-160 to approve the dedication of an easement to San Diego Gas and Electric Company over a portion of Alga Norte Community Park (APN 213-110-04). 3. Grant deed of easement to SDG&E. DEPARTMENT CONTACT: William Plummer (760) 602-2768 bplum@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED M DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D LOCATION MAP SITE NOT TO SCALE SITE. PROJECT NAME ALGA NORTE COMMUNITY PARK PROJECT NUMBER 3837 EXHIBIT 1 DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 9/7/06 H: \CAPITAL IMPROVEMENT PKOGRAM\3837 ALGA NORTE PAKK\PLANS * EXHIBITS\3837.DWG T 1 RESOLUTION NO. 2008-160 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 4 (SDG&E) OVER A PORTION OF ALGA NORTE COMMUNITY PARK (APN 213-110-04). 5 WHEREAS, San Diego Gas and Electric Company (SDG&E) will be supplying electrical 6 power to the proposed Alga Norte Community Park; and 7 WHEREAS, SDG&E has determined that the location for the underground electrical 8 facilities and appurtenances will extend Alicante Road and cross the proposed parking lot to 9 terminate at the proposed mechanical building for service to the Alga Norte Community Park; and WHEREAS, SDG&E requires an easement from the City of Carlsbad for installation, 11 periodic inspection, and maintenance of its electric facilities and appurtenances; and WHEREAS, the City of Carlsbad has determined it to be in the public interest to grant \ 3 this easement to SDG&E, 14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as 15 follows: A C 1. That the above recitations are true and correct. 7 2. That the grant deed of easement to SDG&E, which is on file with the City Clerk 18 and incorporated by this reference, is approved. 19 3. That the Mayor is authorized to execute the grant deed of easement to SDG&E 20 and the City Clerk is hereby authorized to cause the original easement document to be released to 21 SDG&E. 22 23 24 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 10th day of June, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall and Nygaard. NOES: None. ABSENT: Packard. layor ATTEST: LORRAINE M. WOOD, City Cle (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.: 730620-010 Const. No.: 2879170 A.P.N.: 213-110-04 SPACE ABOVE FOR RECORDER'S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT CITY OF CARLSBAD, A CALIFORNIA 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: Lot 5 of Carlsbad Tract No. 99-03, La Costa Greens, according to Map thereof No. 14543, filed in the Office of the County Recorder of said County of San Diego. The easement in the aforesaid property shall be those strips 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 utility facility installed within said property on or before December 31,2009, as substantially shown on pages 1 and 2 of San Diego Gas & Electric Company construction work order sketch no. 2879170, attached hereto and made a part hereof. hi order to provide adequate working space 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 (8) feet of the front of the door or hinged opening of any above ground facility 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. 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 1 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. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor and Grantee. 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 June 10, 2008 CITY OF CARLSBAD, A CALIFORNIA MUNICH^ BY: NAME: Claude A. Lewis TITLE: Mayor BY: NAME: TITLE: Prepared by: Checked: Date 10/04/07 cheverria STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS" On J . 13 . before me ivr_, (name, title of officer), appeared Cl<n*ie R t D personally known to me proved to me on the basis of satisfactory evidence to be the person($ whose name(^((ts/)ffe-subscribed to the within instrument and acknowledged to me iekh«/they executed the same irCHsfaer/their authorized capacity(*es), and that signature(«r) 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. Signature SHEILA RENAE CommWon* 1639531I Notary Pubic - CoKbcnta San DtegoCounty Dec 3Q 20CBI SI VICINITY MAP NOTTOSCAU THOMAS BKB112H* ELECTRIC NOTES f ITarUw 0qr» tmftrm You 0%f 1-800-227-2600 pnnnonqc; •JUiU- -I4l : METER CABINET1600A PANEL _^ ATTCNTIOM MITERINC COMMUNICATIONS MBQUIMD 1 METER WITH ESTIMATED DEMAND >/= 20CkW 5* San * B«cWc Company. 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