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HomeMy WebLinkAbout2014-07-22; City Council; 21697; Approving Grant Non-Exclusive Easement and Right-of-Way to SDG&E Plaza Camino Real Parking, Easement, Other Routes APN 156-302-24-00CITY OF CARLSBAD - AGENDA BILL 15 AB# 21,697 ADOPT RESOLUTION APPROVING THE GRANT OF A NON-EXCLUSIVE EASEMENT AND RiGHT-OF-WAY TO SAN DIEGO GAS & ELECTRIC COMPANY FOR A PORTION OF LAND SURROUNDING PLAZA CAMINO REAL PARKING AREA (APN: 156-302-24-00), TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER THE EASEMENT AND OTHER PRACTICAL ROUTES ACROSS FROM PLAZA CAMINO REAL DEPT.DIRECroR ^ {/ MTG. 7/22/2014 ADOPT RESOLUTION APPROVING THE GRANT OF A NON-EXCLUSIVE EASEMENT AND RiGHT-OF-WAY TO SAN DIEGO GAS & ELECTRIC COMPANY FOR A PORTION OF LAND SURROUNDING PLAZA CAMINO REAL PARKING AREA (APN: 156-302-24-00), TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER THE EASEMENT AND OTHER PRACTICAL ROUTES ACROSS FROM PLAZA CAMINO REAL CITY ATTY. 1 DEPT. PW - PEM ADOPT RESOLUTION APPROVING THE GRANT OF A NON-EXCLUSIVE EASEMENT AND RiGHT-OF-WAY TO SAN DIEGO GAS & ELECTRIC COMPANY FOR A PORTION OF LAND SURROUNDING PLAZA CAMINO REAL PARKING AREA (APN: 156-302-24-00), TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER THE EASEMENT AND OTHER PRACTICAL ROUTES ACROSS FROM PLAZA CAMINO REAL CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2014-189 approving the grant of a non-exclusive easement and right-of-way to San Diego Gas & Electric Company (SDG&E) for a portion of land surrounding Plaza Camino Real parking area (APN: 156-302-24-00), together with the right of ingress and egress over the easement and other practical routes across from Plaza Camino Real. ITEM EXPLANATION: The City of Carlsbad owns the parking lot surrounding the Plaza Camino Real shopping center. The city currently leases the land to the Westfield Corporation for public parking and occasional staging of events. SDG&E has requested a grant of an underground easement at Plaza Camino Real, as described in Exhibits three and four. The purpose of the easement is to allow SDG&E to construct and maintain underground electric facilities for the transmission and distribution of electricity, and underground communication facilities, together with the right of ingress and egress over the easement and other practical routes across Plaza Camino Real. These electrical facilities are part ofthe ongoing remodel ofthe Plaza Camino Real shopping center. SDG&E has submitted draft plans ofthe construction areas and will record the easement (APN: 156-302- 24-00), with the San Diego County Recorder's Office, if granted bythe Carlsbad City Council. Once SDG&E installs its facilities, it will prepare a description of the actual location of the center line of its facilities and the description will be filed with the San Diego County Recorder's Office and a final corrected easement will be recorded as necessary. Staff has reviewed the easement documents and recommends that the City Council approve the grant. DEPARTIVIENT CONTACT: Joe Garuba 760-434-2893 ioe.garuba@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • REPORT RECEIVED • FISCAL IMPAa: There is no fiscal impact to the City of Carlsbad associated with the grant of this easement to SDG&E. The cost of construction, installation and maintenance of the underground electrical facilities is the sole responsibility of SDG&E. ENVIRONMENTAL IMPACT: The proposed easement and related infrastructure are part ofthe improvements analyzed in the Environmental Impact Report prepared forthe Westfield Carlsbad project. On July 9, 2013, the City Council certified Environmental Impact Report EIR 09-02 and adopted the Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, which analyzed the environmental impacts of these improvements. Approval of an easement is consistent with the EIR, therefore, no additional environmental analysis is necessary. EXHIBITS: 1. Resolution No. 2014-189 approving the grant of a non-exclusive easement and right-of-way to San Diego Gas & Electric Company (SDG&E) for a portion of land surrounding Plaza Camino Real parking area (APN: 156-302-24-00), together with the right of ingress and egress over the easement and other practical routes across from Plaza Camino Real. 2. Location Map. 3. Easement Grant to San Diego Gas & Electric. 4. SDG&E Construction Plans. 1 RESOLUTION NO. 2014-189 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ^ CALIFORNIA, APPROVING OF THE GRANT OF EASEMENT AT PLAZA CAMINO REAL (APN 156-302-24-00) TO SAN DIEGO GAS & 4 ELECTRIC FOR AN UNDERGROUND RIGHT-OF-WAY EASEMENT FOR ELECTRIC AND COMMUNICATION FACILITIES WITH RIGHT OF 5 INGRESS AND EGRESS OVER EASEMENT. 6 17 18 19 20 23 24 25 26 27 28 7 WHEREAS, The City of Carlsbad owns the parking lot surrounding the Plaza Camino Real 8 shopping center; and WHEREAS, the City of Carlsbad currently leases the parking lot to the Westfield Corporation for public parking purposes; and WHEREAS, the Westfield Corporation is remodeling the Plaza Camino Real shopping center; and 9 10 11 12 13 14 WHEREAS, SDG&E has requested a grant of easement at Plaza Camino Real for the 15 purpose of constructing and maintaining: (1) Underground electric facilities for the purpose of 16 transmission and distribution of electricity, (2) Underground communication facilities, together with the right of ingress and egress over the easement; and WHEREAS, the City Council of City of Carlsbad has determined it is necessary and desirable, and in the public interest to grant an underground right-of-way easement at the 21 Plaza Camino Real to San Diego Gas & Electric Company (SDG&E) per the attached SDG&E 22 construction plans; and WHEREAS, upon execution of the easement by the City Manager it will be released to SDG&E for recordation with the San Diego County Recorder and provide the City of Carlsbad Clerk's Office with a conformed copy; and 3 1 WHEREAS, SDG&E will prepare an actual description of the location of the center line of 17 18 19 20 23 24 25 26 27 28 its facility after the installation, and provide that to the City of Carlsbad, the Clerk's Office will record the description with the San Diego County Recorder as a final corrected easement as necessary (Exhibit 4). 2 3 4 5 g NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 7 California, as follows that: 8 1. The above recitations are true and correct. 9 10 11 12 13 14 // // // // 15 // 16 // // // // 21 // 22 // // // // That the City Manager is authorized to grant the easement with SDG&E. 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 ofthe City Council ofthe City of Carlsbad on the 22nd day of July 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT HALL, Mayor ATTEST: .. ENGLESON, Oi4 Clerk Exhibit 2 LOCATION MAP map •5oulhV^s^^*'• NOT TO SCALE PROJECT NAME Plaza Camino Real SDG&E Right-of-Way Easement Exhibit 2 Path: J:\Requests2010Plus\PropEnviron\MuniProp\5313983_14\SDGEWestfieldProperty.mxd 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.: Const. No.: A,P.N.: 352504-70,080,100,120 2383455, 2383456, 2383457,2383459 156-302-24 SPACE ABOVE FOR RECORDER'S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT The CITY OF CARLSBAD, a chartered mimicipal corporation, hereinafler called "Grantor", grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, "Grantee", a, non-exclusive 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 there&om 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: Lot 9 of Carlsbad Tract No. 76-18, according to Map thereof No. 8956, filed in the Office of the County Recorder of said County of San Diego. The easement in the aforesaid property 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 after the date this easement is granted and on or before December 31, 2015. In order to provide adequate working area for Grantee, Grantor shall not erect, place or constmct, 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. 7 Grantor grants to Grantee the right to erect and marntain within the easement on Grantor's property retaining walls and/or protective barricades as may be necessary for Grantee's purposes. Grantor shall not unreasonably interfere with Grantee's use and enjoyment of the easement or any of the rights granted to Grantee herein. Grantee shall have the right to top, cut, remove, or trim mterfering plants and trees, and to keep said easement free from and to prevent any person, includmg 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 the prior written consent of Grantee, which consent shaU not unreasonably be withheld, conditioned or delayed. Once Grantee has installed its facilities, will prepare a description of the actual Grantee location of the center line of its faciUties and Grantor will record the description m the Office of the County Recorder of the County of San Diego as a substitute for said Exhibit "A" attached hereto, which substituted description shall be effective as if fully set forth at the time ofthis grant. Grantee agrees that if for any reason the existing regional shopping center and/or the underground electric facihties or underground communication facilities Easement is/are abandoned for a continuous period of one (1) year, then all rights granted herein shall revert to Grantor, its successors and assigns. Within 30 days prior to the termmation of this agreement for any reason. Grantor may provide Grantee with written notice requesting that Grantee remove all facilities in the Easement; whereupon Grantee shall have 180 days thereafter to remove any such facilities from Grantor's lands. Cjrantor hereby grants Grantee a license for the limited purpose of access to and from the Easement Area to remove Grantee's facilities therefrom for a period of 180 days followmg the termination of this Agreement. 8 This easement shall be binding upon and inure to the benefit of successors-in interest, permittees, Ucensees, or agents of Grantor and Grantee. 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 California. Dated Prepared by: GAM Checked: Date: May 27, 2014 THE CITY OF CARSLBAD, a municipal corporation By: Name:. Title: Steve Sarkozy (print name) City Manager By: Name:_ Title: (print iiame) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of S(XVVSV-\ -g^Q On before me, personally appeared (Here insert namey^d title of the officer) who proved to me on the basis of satisfactory evidence to be the person^) whose nameO) is/af© subscribed to the within instrument and acknowledged to me that he/she/feey executed the same in his/hef/feeir authorized capacity(i&s), and that by his/hef/fteir signatureCis) on the instmment the person!^ or the entity upon behalf of which tihe person(!s) acted, executed the instmment. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is tme and correct. , , , i I'L^ MORGENFRY I Commission # 1918442 | <ifa^^^ Notary Public - California 2 1 San Diego County | MvComm Expires Dec 24.20141 (Notary seaij WITNESS my hand and official seal. _i Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attacked to that document. 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