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HomeMy WebLinkAbout2011-10-11; City Council; 20699; EASEMENT SDGE JOINT FIRST RESPONDER FACILITYMgp^ AB* 20.699 MJG. 10/11/11 DEPT. TRANS CITY OF CARLSBAD - AGENDA BILL APPROVE THE DEDICATION OF AN EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY FOR SERVICE TO THE JOINT FIRST RESPONDER TRAINING FACILITY PROJECT, PROJECT NO. 3686 6 DEPT. HEAD £flT CITY ATTY. <^p5i CITY MGR. U^^- RECOMMENDED ACTION: Adopt Resolution No. 2011-238 approving the dedication of an easement to San Diego Gas & Electric Company for service to the Joint First Responder Training Facility Project, Project No. 3686. ITEM EXPLANATION: On November 3, 2009, through the adoption of Resolution 2009-280, the city council approved the plans and specifications and authorized the city clerk to advertise to receive bids for the construction of the Joint First Responder Training Facility (JFRTF). The project was awarded for construction, through adoption of Resolution 2010-083, on April 13, 2010. Award of the project included a budgeted amount for miscellaneous items, including dry utilities, sufficient to complete construction as anticipated. During the course of construction, San Diego Gas & Electric Company (SDG&E) determined that in order to meet the demand of the JFRTF they needed to upsize their existing gas pipeline facility and also loop the system by extending the pipeline to Impala Drive. These pipeline improvements are required to be within an easement dedicated to SDG&E. However, it was determined that the existing onsite SDG&E facilities were not constructed within their easement. In order to modify the existing natural gas system to support the JFRTF, SDG&E determined easements would be necessary. Staff has reviewed the easement documents prepared by SDG&E and is recommending approval of the resolution authorizing dedication of the easement included as Exhibit 3. DEPARTMENT CONTACT: John Maashoff, 760-802-7807 iohn.maashoff@.carlsbadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED n D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES nnn D Page 2 ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program were prepared for the Joint First Responder Training Facility (CUP 08-15). The MND was approved by the Planning Commission on November 19, 2008, in compliance with the California Environmental Quality Act (CEQA) Guidelines Section 15074. FISCAL IMPACT: Granting this easement to SDG&E has no fiscal impact to the city. The easement will be granted to SDG&E for a no fee cost acquisition. EXHIBITS: 1. Vicinity Maps. 2. Resolution No. 2011-238authohzing the dedication of an easement to San Diego Gas & Electric Company for service to the Joint First Responder Training Facility Project, Project No. 3686. 3. Grant Deed of Easement to San Diego Gas & Electric Company. LOCATION MAP SITE NOT TO SCALE PROJECT NAME JOINT FIRST RESPONDER TRAINING FACILITY PROJECT NUMBER 3686 EXHIBIT 1 DRAW BY: SCOTT EVANS. CARLSBAD ENGINEERING KPT. B/18/09 C:\CAP1TAL\PLUUUER\X86.0WG •2- 1 RESOLUTION NO. 2011-238 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 4 FOR SERVICE TO THE JOINT FIRST RESPONDER TRAINING FACILITY PROJECT. PROJECT NO. 3686. __ 5 WHEREAS, the City Council of the City of Carlsbad, California, has determined it is 6 necessary and in the public interest to construct the Joint First Responder Training Facility Project, Project No. 3686; and Q WHEREAS, the dedication of an easement to San Diego Gas & Electric Company for 9 service to the Joint First Responder Training Facility is deemed necessary and in the public 10 interest. 11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 12 California, as follows: 13 1. That the above recitations are true and correct. 2. That the Grant Deed of Easement to San Diego Gas & Electric Company is hereby approved. 3. That the mayor is hereby authorized and directed to execute the Grant Deed of 16 Easement with San Diego Gas & Electric Company for the Joint First Responder Training Facility, 17 Project No. 3686. 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 '" 25 '" III 26 /// 27 28 1 2 3 AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. 4" 5 NOES: None. 6 7 ABSENT: None. 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: MATt HALL, Mayor ATTEST: RRAINE M. WOOD, City Clerk (SEAL) / Recording Requested by San Diego Gas & Electric Company 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.: Const. No.: APN No.: Sketch No.: 152283-010 1735190(new) 135970 '86(existing) 1395190'88(existing) 209-050-26 MI-2713 (ref only) 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 communication facilities, and appurtenances, (2) Pipelines and appurtenances for any and all purposes, 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 "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 as described in a Deed ("Parcel No. 82- 0001-A) recorded June 30, 1982 at Document No. 82-201566 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 gas utility facility existing and to be installed within said property on or before December 31,2012. 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 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 t:land:data:gmayo.easementjobs.l 52283CityojCarlsbad_.doc I 9/97 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 V /3. £0 /J CITY OF CARLSBAD, a Municipal corporation By:. Prepared by: GAM Check by: Date: August 9, 2011 t:land:data:gmayo.easementjobs. 152283CityoJCarlsbad_.doc 2 9/97 STATE OF C<^C/C-VVU.C^ ) COUNTY OF Am Oic'rvp )ss> On rln -, d. _____ , before me (name, title of officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(#) whose name^s^isfere subscribed to the within instrument and acknowledged to me thatCHeVahe/they executed the same in (HIs/her/their authorized capacity(ieS7, and that byCSJi/iihar/theH* signature(-s) on the instrument the person(s), 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. 1 XSC5V SHEILARENAE COBIAN ^ $j£f3&jk Commission # 1848471 I WITNESS my hand and official seal. ifbilWf Notiry Publlc" Callfornl» Ii\^ZK^ San Diego County |^7^ /*\ " j, rrn .My c.°?m.' i"^!!!?!!^!^!! Signature xjjl_LOli3^~/\Q^|T>)tX£L LO(iH{\J^V ; (Notary Seal) STATE OF ccCOUNTY OF r On , before me (name, title of officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. S ignature t:land:data: gmayo.easementjobs.l52283CityojCarlsbad_.doc 3 9/97 (Notary Seal) LEGEND: PROPOSED CAS LINE EXISTING GAS LINES JOINT FIRST RESPONDERS TRAINING FACILITY