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Home My WebLink About2011-10-11; City Council; 20698; DEDICATION EASEMENT SDGE COMMUNICATION FACILITIESCITY OF CARLSBAD - AGENDA BILL AB# 20.698 MTG' 10/11/11 DEPT. CED APPROVAL OF THE DEDICATION OF AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY FOR ELECTRIC AND COMMUNICATION FACILITIES (APN 21 2-062-1 4) -PR 11 -23 DEPT. DIRECTOR ^j^_ CITY ATTORNEY 'Ifcf CITY MANAGER [j^_^-~ RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2011-237 APPROVING the dedication of an easement to San Diego Gas and Electric Company for electric and communication facilities, generally located on the east side of Priestly Drive, north of Rutherford Road. (APN 212-062-14) ITEM EXPLANATION: On June 22, 2011 San Diego Gas and Electric Company (SDG&E) requested the city dedicate an easement. This easement covers existing facilities and proposed facilities that encroach onto city- owned property outside of the right of way for Priestly Drive. Additional existing facilities adjacent to the proposed easement are within the right of way for Priestly Drive. Staff has reviewed the easement document and recommends that the city approve the dedication of this easement to SDG&E. ENVIRONMENTAL IMPACT: The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(b) - minor alteration of existing facilities of both investor and publicly owned utilities involving negligible or no expansion of an existing use. FISCAL IMPACT: No fee was collected by the city for the processing of this easement request. This request was processed by city staff as an accommodation to SDG&E. There is no ongoing fiscal impact. EXHIBITS: 1. Resolution No. 2011-237 2. Location Map 3. Grant deed of easement to SDG&E DEPARTMENT CONTACT: Steve Bobbett; (760) 602-2747; steve.bobbett@carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED x DENIED CONTINUED WITHDRAWN AMENDED * D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D 1 RESOLUTION NO. 2011-237 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 4 6 7 8 10 11 12 13 EXHIBIT 1 CARLSBAD, CALIFORNIA, TO APPROVE THE DEDICATION OF AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY FOR ELECTRIC AND COMMUNICATION FACILITIES, GENERALLY LOCATED ON THE EAST SIDE OF PRIESTLY DRIVE, NORTH OF RUTHERFORD ROAD (APN 212- 062-14).—PR 11-23 WHEREAS, the City Council of the City of Carlsbad has determined it is necessary, desirable, and in the public interest for San Diego Gas and Electric Company (SDG&E) to install, periodically inspect and maintain electric and communication facilities to provide service to its customers; and WHEREAS, through SDG&E studies it has been determined that the installation of electric and communication facilities is necessary to provide service to its customers; and WHEREAS, existing and proposed electric and communication facilities are to be 14 located on property owned by the City of Carlsbad; and 15 WHEREAS, SDG&E requires an easement from the City of Carlsbad for the installation, A O periodic inspection and maintenance of these electric and communication facilities; and 17 WHEREAS, the City of Carlsbad has determined it to be in the public interest to grant 18 this easement to SDG&E; and 19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 20 California, as follows: 21 1. That the above recitations are true and correct. 22 2. That the grant deed of easement to SDG&E, which is on file with the City Clerk 23 and is incorporated by reference, is approved. 24 3. That the Mayor is authorized to execute the grant deed of easement to SDG&E 25 and the City Clerk is hereby authorized to cause the original easement document 26 to be released to SDG&E. 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 11th day of October 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. (SEAL) INE l. WOOD, City Clerk EXHIBIT 2 LOCATION MAP CITY OF OCEANSIDE HIGHWAY ,_ NOT TO SCALE PROJECT NAME DEDICATION OF EASEMENT ON PRIESTLY DRIVE TO SDG&E FOR ELECTRIC AND COMMUNICATION FACILITIES PROJECT NUMBER PR11-2A EXHIBIT PLOTTED BY: SCOTT EVANS PLOT DATE: 8/4/11 PATH: 0: \DE\fLOPUENT PROJECTS\PR\PR11-23.DWG Recording Requested by S an Diego Gas & Electric Company When recorded, mail to: S an Diego Gas & Electric Company 8335 Century Park Court, Suite 100 San Diego, CA 92123-1569 A-ttn: Real Estate Records - CP11D Project No.: 859920-010 Const. No.: 2912140 A..P.N.: 212-062-14 Sketch: C-5080 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: Parcel 3 of Parcel Map No. 14258 filed April 18, 1986 at File No. 151574 in the Office of the County Recorder of said County of San Diego. The easement in the aforesaid land shall be more particularly described in the Exhibit "A" and is shown and delineated on SDG&E's Drawing No. C-5080, consisting of two (2) sheets, all attached hereto and made a part hereof. In 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 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. 1 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 Prepared by: C. Echeverria Checked: ffiz*£- Date 06/22/11 CITY OF CARLSBAD, A MUNICIPAL CORPORATION BY: STATE OF CALIFORNIA COUNTY OF .. On Q . before me IA n /Via "6^ i n i ID J > C (name, title of officer), appeared who proved to me on the basis of satisfactory evidence to be the person^) whose name(s)(jL — - subscribed to the within instrument and acknowledged to me thaChg^she/feey executed the same in (Ms/hcr/their authorized capacity(ies)-, and that byr^K^her/thoir signature^ on the instrument the person(s^ or the entity upon behalf of which the personfs) 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 my hand and official seal. Signature SHEILA RENAE COBIAN Commission * 1848471 Notary Public - Cilifornli Sin Dltgo County EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 14258, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1986 IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND STANDARD "M-10" STREET SURVEY MONUMENT STAMPED "L.S. 3189" AS SHOWN ON SAID PARCEL MAP, SAID MONUMENT MARKS THE CENTERLINE OP PRIESTLY DRIVE AT A POINT OF CURVE NEAR RUTHERFORD ROAD AND BEARS SOUTH 52°24'34" EAST 655.35 FEET (655.41 FEET PER SAID PARCEL MAP) FROM A FOUND STANDARD "M-10" STREET SURVEY MONUMENT STAMPED "L.S. 3189" AS SHOWN ON SAID PARCEL MAP, SAID MONUMENT MARKS THE POINT OF INTERSECTION OF CURVE ON THE CENTERLINE OF PRIESTLY DRIVE NEAR FARADAY AVENUE; THENCE NORTH 08°06'52" WEST 65.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 52°24'34" WEST 53.00 FEET; THENCE SOUTH 37°35'26" WEST 4.00 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID PRIESTLY DRIVE; THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE SOUTH 52°24'34" EAST 53.00 FEET; THENCE LEAVING SAID SOUTHWESTERLY RIGHT OF WAY LINE NORTH 37°35'26" WEST 4.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.005 ACRE MORE OR LESS. PETER C. GOLDING PLS 4768 EXPIRATION DATE 03/31/2012 DATE P:\3980\SURVEY SDG&E\3980-34\3980-34I.EOAL.doc PAGE 1 OF 1 CARLSBAD TRACT NO. 81-10 UNIT NO. 1 MAP NO. 10330 LOT-5 .M. 14258 86-151574 4-18-86 LEGEND INDICATES FOUND STANDARD "M-10" STREET SURVEY MONUMENT STAMPED "LS. J189" AS SHOWN ON P.M. 14258. INDICATES PROPOSED SDG&E EASEMENT AREA = 212 SO. FT. - 0.005 AC. P.D.C. FILE: 3980-34.DWG SDG&E JOB: R110376/5110300 SHEET 1 OF 2 \ CENTERLINE PDC \ AS SHOW UN P,M, 14258 REF: P.M. 14258 MAP 10330 SAN DIEGO GAS & ELECTRIC SAN DIEGO, CALIFORNIA C587,PAR:CAP BEHIND FUSE & INOPERATIVE RUTHERFORD RD. & PRIESTLY DR. CARLSBAD, CA ORIGINATOR: C. GRIEP SURVEYED BY: PDC/AAA DRAWN BY: PDC/RMN DATE: 6/15/11 SCALE: 1 "=20' OK TO INSTALL: R/VTOK: DATE: THOS. BROS. 1127-D2 PROJECT NO. 859920-010 CONST. NO. 2912140 DRAWING NO. C-5080 NO.SUPPLEMENTS DATE: BY APP'D Ni 03518068299 LINE TABLE LINE L1 12 L3 L4 BEARING N52'24'34"W SJ7'J5'26"jy S5224'J4"E N37'35'26ttE LENGTH 53.00' 4.00' 53.00' 4.00' P.D.C. FILE: 3980-34.DWG SDG&E JOB: R110376/S110300 SHEET 2 OF 2 SAN DIEGO GAS It ELECTRIC SAN DIEGO. CALIFORNIA C587,PAR:CAP BEHIND FUSE & INOPERATIVE RUTHERFORD RD. & PRIESTLY DR. CARLSBAD, CA ORIGINATOR: C. GRIEP SURVEYED BY: PDC/AM DRAWN BY: , PDC/RMN DATE:6/15/11 SCALE: NONE OK TO INSTALL: R/W OK: DATE: THOS. BROS. 1127-D2re PROJECT NO. 859920-010 CONST. NO. 2912140 DRAWING NO.c-soao NO.SUPPLEMENTS DATE:BY APP'D