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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 3 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 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. /// /// 4- 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. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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