HomeMy WebLinkAbout2013-01-08; City Council; 21091; Easement Alga Norte Park CIP 3837 APN 213-110-04CITY OF CARLSBAD - AGENDA BILL 12
AB# 21,091 APPROVE THE DEDICATION OF AN EASEMENT
AT ALGA NORTE COMMUNITY PARK TO SAN
DIEGO GAS AND ELECTRIC COMPANY FOR
ELECTRIC AND COMMUNICATION FACILITIES
(CIP 3837, APN 213-110-04)
DEPT. D\RECTOR^^(^):(j^
MTG. 1-8-2013
APPROVE THE DEDICATION OF AN EASEMENT
AT ALGA NORTE COMMUNITY PARK TO SAN
DIEGO GAS AND ELECTRIC COMPANY FOR
ELECTRIC AND COMMUNICATION FACILITIES
(CIP 3837, APN 213-110-04)
CITY ATTORNEY ^^-j3P
DEPT. PEM
APPROVE THE DEDICATION OF AN EASEMENT
AT ALGA NORTE COMMUNITY PARK TO SAN
DIEGO GAS AND ELECTRIC COMPANY FOR
ELECTRIC AND COMMUNICATION FACILITIES
(CIP 3837, APN 213-110-04)
CITY MANAGER
RECOMMENDED ACTION:
Adopt Resolution No. 2013-013 to approve the dedication of an easement at the Alga Norte
Community Park to San Diego Gas and Electric Company for installation, periodic inspection and
maintenance of underground electric and communication facilities.
ITEM EXPLANATION:
San Diego Gas and Electric Company (SDG&E) requests the City to dedicate an easement to allow
the placement of electrical service and communication facilities to serve the Alga Norte Community
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 adopting a Negative
Declaration (ND) and approved Resolution No. 6040 for Conditional Use Permit No. CUP 04-08 for
the Alga Norte Park Project. Furthermore, pursuant to Public Resources Code Section 21065, the
dedication of an easement does not constitute a "project" within the meaning of the California
Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment, and
therefore does not require environmental review.
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.
EXHIBITS:
1. Location Map
DEPARTMENT CONTACT: Patrick McGarry 760-434-2949 patrick.mcgarry@carlsbadca.gov
FOR CITY CLERKS USE ONLY X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
2. Resolution No. 2013-013 to approve the dedication of an easement at the Alga Norte
Community Park to San Diego Gas and Electric Company for installation, periodic inspection
and maintenance of underground electric and communication facilities.
3. Grant deed of easement to SDG&E
LOCATION MAP
PROJECT NAME
ALGA NORTE COMMUNITY PARK
PROJECT
NUMBER
3837
r. 9/7/m ms^iAL mpimmn mmAu\sB}7 MMmm pmxfUHs * smf^i^^&k
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Exhibit 2
RESOLUTION NO. 2013-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO APPROVE THE DEDICATION OF
AN EASEMENT AT ALGA NORTE COMMUNITY PARK TO SAN
DIEGO GAS AND ELECTRIC COMPANY FOR ELECTRIC AND
COMMUNICATION FACILITIES (CIP 3837. APN 213-110-04)
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, the Alga Norte Community Park project requires electrical sen/ice: and
WHEREAS, proposed electric and communication facilities are proposed to be located
on property that is owned by the City of Carlsbad: and
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
WHEREAS, the City of Carlsbad has determined it to be in the public interest to grant
this easement to SDG&E: and
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.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council
of the City of Carlsbad on the 8*^ day of January, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
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MATT HALL, Mayor
ATTEST:
City Clerk
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.: 260169-010
Const. No.: 2968040
A.P. No.: 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, (Grantor), grants to
SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way
in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of,
improve, reconstmct, relocate, repair, maintain and use facilities consistmg of:
1. Underground facilities and appurtenances for the transmission and distribution of
electricity.
2. Communication facilities, and appurtenances.
The above facilities will be installed at such locations and elevations upon, along, over and under
the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary.
Grantee also has the right of ingress and egress, to, from and along this easement in, upon, over and
across the hereinafter described lands. Grantee fiirther has the right, but not the duty to clear and keep
this easement clear from explosives, buildings, structures and materials.
The property in which this easement and right of way is hereby granted is situated in the County
of San Diego, State of Califomia 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.
T:land:data: 810236S
Rev. 1
The easement in the aforesaid properly 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 as shown on Grantee's
Construction Order No. 2968040 (available fi-om Grantee upon request) within said property on or
before December 31, 2015.
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 or change ground elevation 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 protective barricades as may be necessary for Grantee's purposes.
Grantor retains the right to park, but not store, vehicles and equipment within the herein granted
easement, provided said parking rights do not endanger or interfere with Grantee's facilities.
Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any
building or other structure, plant any tree, drill or dig any well, within this easement.
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 fiirther grants to Grantee the right to assign any or all of the rights granted in this
easement in whole or in part to other companies providing utility or communication facilities/services.
Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent
to this easement and remove roots from within this easement whenever Grantee deems it necessary.
Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent
danger or hazard to property or persons.
CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor
shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST
NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING (619) 696-2000, and
OBTAINING PERMISSION.
The legal description for this easement was prepared by San Diego Gas & Electric Company
pursuant to Section 8730 ofthe Business and Professions Code, State of Califomia.
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.
T:ldnd:data: -2- 810236S
Rev. J
IN WITNESS WHEREOF, Grantor executed this instrument this 9th day of
January , 20 13 .
CITY OF CARLSBAD, A CALIFORNIA
MUNICIPAL CORPORATION
BY:
NAME:
TITLE:
Matt Hall
Mayor
(print name)
BY:
NAME:
TITLE:
(print name)
Drawn
Checked
Date
C. Echeverria
11/12/12 (rev. 12/13/12)
STATE OF CALIFORNLA
COUNTY OF Sckr>>^\e vSS.
On -JcxrtoGv^o^ ^>9C1'?^ . before me
(name, titie of officer), appeared rr^flw-yr Y'CxA \
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s!C3/afe-
subscribed to the within mstrument and acknowledged to me thatCH^shc/thoy executed the same in
C^g)liei/lheir authorized capacity(ieg), and that hX^ih&f/thm.T signature(s) on the instrument the
person(^, or the entity upon behalf of which the person(S) acted, executed tiie mstrument.
I certify under PENALTY OF PERJURY under the laws of tiie State of Califomia that the foregoing
paragraph is true and correct.
SHEILA RENAE COBIAN
Commission # 1848471
<i:ir»'^^0fia Notary Public • California i
San Olego County
WITNESS my hand and official seal.
Signature
T:land:daia:
CiJ
IxS^v SHEILA RENAE COBIAN P
l/C^^ Commission # 1848471 I
] ^^3^ Mv Comm. Expires May 10.20131
-3-810236S
Rev. 1 9