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HomeMy WebLinkAbout2012-01-10; City Council; 20776; APPROVAL OF DEDICATION OF EASEMENT AT ENCINA WATER POLLUTION CONTROL FACILITY TO SAN DIEGO GAS AND ELECTRIC SDG&E FOR ELECTRIC AND COMMUNICATION FACILITIES APN 2110300800 PR 11-39CITY OF CARLSBAD - AGENDA BILL 8 AB# 20,776 APPROVAL OF THE DEDICATION OF AN EASEMENT AT THE ENCINA WATER POLLUTION CONTROL FACILITY TO SAN DIEGO GAS AND ELECTRIC COMPANY FOR ELECTRIC AND COMMUNICATION FACILITIES (APN 211-030-08) PR 11-39 DEPT. DIRECTOR 1/10/12 APPROVAL OF THE DEDICATION OF AN EASEMENT AT THE ENCINA WATER POLLUTION CONTROL FACILITY TO SAN DIEGO GAS AND ELECTRIC COMPANY FOR ELECTRIC AND COMMUNICATION FACILITIES (APN 211-030-08) PR 11-39 CITY ATTORNEY DEPT. CED APPROVAL OF THE DEDICATION OF AN EASEMENT AT THE ENCINA WATER POLLUTION CONTROL FACILITY TO SAN DIEGO GAS AND ELECTRIC COMPANY FOR ELECTRIC AND COMMUNICATION FACILITIES (APN 211-030-08) PR 11-39 CITY MANAGER , Uy— RECOMMENDED ACTION: ADOPT Resolution No, 9012-008 APPROVING the dedication of an easement at the Encina Water Pollution Control Facility to San Diego Gas and Electric Company for installation, periodic inspection and maintenance of underground electric and communication facilities, generally located at the Encina Water Pollution Control Facility on Avenida Encinas west of Interstate 5, ITEM EXPLANATION: San Diego Gas and Electric Company (SDG&E) is involved in a program to upgrade and improve its electric and communication facilities. As part of this program, SDG&E has determined the need for the installation of an electrical switch facility at the Encina Water Pollution Control Facility, The Encina Wastewater Authority has requested that the City of Carlsbad, as owner of the Encina Water Pollution Control Facility site, dedicate an easement to San Diego Gas and Electric Company, 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 public utility services involving negligible or no expansion. The location ofthe easement recommended for dedication is in an already developed area, FISCAL IMPACT: No fee was collected by the City for the processing of this easement dedication request by SDG&E, This request was processed by City staff as an accommodation to SDG&E, There are no future anticipated fiscal impacts associated with the dedication of this easement to SDG&E, DEPARTMENT CONTACT: Glen Van Peski; (760) 602-2783; glen.vanpeski@carlsbadca,gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED X • • • • CONTINUED TO DATE SPECIFIC • . CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER - SEE MINUTES • Page 2 EXHIBITS: 1, Resolution No, 2012-008 2, Location Map 3, Grant deed of easement to SDG&E z 20 21 22 23 24 25 26 27 28 EXHIBIT 1 1 RESOLUTION NO. 2012-008 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 4 COMPANY FOR ELECTRIC AND COMMUNICATION FACILITIES. (APN 211-030-08) PR 11-39 GENERALLY 5 LOCATED AT THE ENCINA WATER POLLUTION CONTROL FACILITY ON AVENIDA ENCINAS WEST OF INTERSTATE 5, 6 7 WHEREAS, the City Council of the City of Carlsbad has determined is necessary, 8 desirable, and in the public interest for San Diego Gas and Electric Company (SDG&E) to install, 9 periodically inspect and maintain electric and communication facilities to provide service to its ''0 customers: and 11 WHEREAS, through SDG&E studies it has been determined that the installation of 12 electric and communication facilities is necessary to provide service to its customers: and 13 WHEREAS, proposed electric and communication facilities are proposed to be located on property that is owned by the City of Carlsbad: and 15 WHEREAS, SDG&E requires an easement from the City of Carlsbad for the installation, periodic inspection and maintenance of it's; electric and communication facilities: and 17 WHEREAS, the City of Carlsbad has determined it to be in the public interest to grant "*^ this easement to SDG&E: and 19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 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 Clerk and is incorporated by 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 to SDG&E, /// 3 EXHIBIT 2 LOCATION MAP EASEMENT NOT TO SCALE VICINITY MAP NOT TO SCALE PROJECT NAME DEDICATION OF EASEMENT AT THE ENCINA WATER POLLUTION CONTROL FACILITY TO SDG&E FOR ELECTRIC AND COMMUNICATION FACILITIES PROJECT NUMBER PR11-39 EXHIBIT PLOTTED BY: SCOTT EVANS PLOT DATE: 11/8/11 PATH:D:\DEVELOPUENT PR0JECTS\PR\PR11-39.DWG EXHIBIT 3 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 - CPllD Project No.: 055239-010 Const. No.: 2937070 A.P.N.: 211-030-08 Sketch No.: C-5083 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 Califomia described as follows: That portion of Lot "H" of Rancho Agua Hedionda, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego as described in a Final Order of Condemnation recorded March 20, 1969 at Recorder's File/Page No. 49293 of Official Records of said County of San Diego. The easement in the aforesaid lands shall be 10.00 feet in width, being 5.00 feet on each side of the center line more particularly described in Exhibit "A", 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. 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 s:land:data, indivusers.gmayo.easementjobs. 05523QCarlsbad.doc 9/97 I 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. Grantor retains the right to construct, reconstruct and maintain above ground structures, including, but not limited to, fences, sidewalks, curbs, gutters, and street surfaces or other surfaces that require excavation and grading provided such structures do not endanger or interfere with said utilities and fiirther provided Grantor receives prior written approval from Grantee for the location of said structures, which approval shall not be unreasonably withheld. To the maximum extent allowable by law. Grantor shall indemnify, defend and hold Grantee harmless from and against all claims, demands, losses, liabilities, damages, costs, and/or expenses (including attorneys fees) (collectively referred to in this paragraph as "Liabilities") that Grantee may receive, incur, sustain or become liable for that result from the construction or operation of Grantee's facilities and all fixtures and equipment in connection with located within the above described easement, provided such Liabilities arise solely out of the negligence or intentional acts or omissions of Grantor, and excepting without limitation any Liabilities resulting from the negligent or intentional acts or omissions of the Grantee, its contractors, officers, agents, employees, successors, assigns and/or third parties. To the maximum extent allowable by law. Grantee shall indemnify, defend and hold Grantor and/or its officials, officers, employees, volunteers and agents (collectively referred to in this paragraph as "Indemnified Parties") harmless from and against all claims, demands, losses, liabilities, damages or expenses (including attorneys fees) (collectively referred to in this paragraph as "Liabilities") that Lndemnified Parties may receive, incur, sustain or become liable for that result from the construction, operation, use, state of repair, maintenance or presence of Grantee's facilities and all fixtures and equipment in connection with located within the above described easement, excepting any Liabilities resulting from the sole negligence or intentional acts or omissions of the Grantor. All work, performed by the Grantee and/or its contractor(s),successors, assigns or agents, in connection with the installation of Grantees facilities and appurtenances shall be done in a workman- like manner and in accordance with standard engineering practices. In the event said easement is no longer required for service or if said easement is no longer used by Grantee for a period of one year, whichever is sooner, all rights herein granted shall revert to Grantor, its successors or assigns, automatically and without the necessity of re-entry or notice and Grantee shall remove at its own expense all facilities installed by Grantee. Grantee shall furnish Grantor on request a good and sufficient Quitclaim Deed of all its rights, title and interest in the above described easement. s:land:data.indivusers.gmayo.easementlobs.055239Carlsbad.doc 9/97 1 Grantee agrees that in the event said facilities interfere with the use, repair, or improvement of Grantor's property. Grantee shall relocate said facilities to a reasonable location(s) designated by Grantor and accepted by Grantee. Said relocation shall take place within 90 days after Grantee has received written notice from Grantor and after Grantor has fully reimbursed Grantee for such cost of relocation and after Grantor has furnished Grantee with easement(s) acceptable to Grantee, for facilities in such new locations(s). Grantee, its successors, assigns, agents or contractors, shall be responsible for any damage to Grantor's existing facilities and the Encina Water Pollution Control Facility occasioned by or arising from the construction, operation use, state or repair, maintenance or presence of Grantee's facilities within said Grantor's property, except to the extent caused by the sole negligence or intentional acts or omissions of Grantor. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittess, 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 Califomia. Dated CITY OF CARLSBAD, a Municipal corporation By:. Name: (print name) Title: By:_ Name: (print name) Title: Prepared by: GAM Checked: Date: July 27,2011(revised 9/14/1 l)(revised 9/21/1 l)(revised 10/5/11) s: land:data. indivusers. gmayo. easementjobs. 055239Carlsbad. doc 9/97 3 STATE OF ) COUNTY OF 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 instmment. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S i gnature (Notary Seal) STATE OF ) COUNTY OF )^^- 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 instmment. 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 (Notary Seal) s:!and:data.indivusers.gmayo.easementjobs.055239Carlsbad.doc 9/97 EXHIBIT A SHEET 1 OF 2 Legal Description A portion of Lot H of Rancho Agua Hedionda, within San Diego County, State of Califomia, according to Map thereof No. 823 filed in the Office of the County Recorder of said San Diego County on November 16, 1896. The easement in the aforesaid lands shall be 10 feet in width measured 5 feet on each side of the following described centeriine: Commencing at a 1" iron pipe with tag stamped "SDCO SCE? DIST" marking the most Easterly comer of Record of Survey No. 8459, filed in the office of the County Recorder of said San Diego County on Febmary 14, 1980 as file no. 80-052802, said point also being on the Westerly right-of-way line of Interstate 5. Said pipe bears N27°13'09"W, 84.93 feet (85.02 feet record) firom a 1" iron pipe with tag stamped "Calif Div. Hwys" marking an angle point in the said Westerly right-of-way line of Interstate 5 as shown on said Record of Survey No. 8459. Thence N37°29'54"W, 1275.57 feet to the TRUE POINT OF BEGINNING ofthe centeriine herein described; thence fi-om said TRUE POINT OF BEGINNING S02°31'04"E, 10.39 feet to the beginning of a tangent, 10.00 foot radius curve, concave westerly; thence Southerly along the arc of said curve through a central angle of 14°10'13", a distance of 2.47 feet to a point herein designated as POINT "A"; thence SI 1°39'09"W, 4.73 feet to the beginning of a tangent, 25.00 foot radius curve, concave Easterly; thence Southwesterly, Southerly, and Southeasterly along the arc of said curve through a central angle of 38°58'28", a distance of 17.01 feet; thence S27°19'17"E, 44.60 feet. Also, Beginning at said POINT "A", said point being the beginning of a tangent, 25.00 foot radius curve, concave Southeasterly, a radial line to which point bears N78°20'51"W; thence Northwesterly along the arc of said curve through a central angle of 43°59'45", a distance of 19.20 feet; thence N55°38'55"E, 24.47 feet • Containing 0.003 acs. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR Uf^lDER MY DIRECTION IN CONFORMANCE WITH THE • LAMDSltRV&yORS ACT '7/l5/Zo? 1 i STEPHEN P. COOK. L.S. 6597 IT) EXHIBIT A SHEET 2 OF 2 FOR CLARITY ONLY