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Home My WebLink About1991-03-19; Municipal Water District; 092; Easement to SDG&E for Facility at Maerkle Damc--IWD - AGENQA BILL - = GRANT OF EASEMENT TO SAN DIEGO C COMPANY FOR R CILITIES FOR CH RECOMMENDED ACTION: i Adopt Resolution No. 724 granting an easement and right of way to San Diego Gas & Electric Company for relocation of overhead facilities to accommodate District's proposed chlorination facility at Maerkle Dam Site (formerly Squires), CMND Project No. 89-109. ITEM EXPLANATION San Diego Gas & Electric Company has requested of the District the grant of an easement and right of way for relocation of overhead facilities to accommodate District's proposed chlorination facility at the Maerkle Dam Site as directed in the attached documents. The easement is granted to the San Diego Gas & Electric Company for maintenance and operation of the electrical service to the District's proposed chlorination facility. The dam site is located approximately one mile northeast of Sunnycreek Road and El Camino Real. The City Attorney has reviewed the easement and right of way document and finds it satisfactory for its intended purposes. FISCAL IMPACT None. EXHIBITS 1. Location Map. 2. An easement and right of way document granted to the San Diego Gas & Electric Company dated ma/rccr,m , 1991. 3. Resolution No. ti granting an easement and right of way to San Diego Gas & Electric Company for maintenance and operation of the electrical service to the District's proposed chlorination facility at the Maerkle Dam Site. CMWD 89-109 -- 7 I ~~‘r/’ c I i; a?/// - I /jy-- L/’ -C -----I I / I‘-, 5 i\, : ,1---,1 r---I NOT TD SCALE -\ r’ 1 I -- r t- I 1 I I j- t---t- -- S~D,G&. E, EASEMENT CMWD 89-109 AT MEARKLE DAM Recording Requested by SAN DIEGO GAS & ELECTRIC COMPANY When Recorded Mail to: SDG&E, P.O. Box 1831 San Diego, CA 92112 ATTN: Office Services, Room 611 SPACE ABOVE FOR RECORDER’S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District, (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, reconstruct, relocate, repair, maintain and use facilities consisting of: 1. Poles, wires, cables and appurtenances for the transmission and distribution of electricity. 2. Underground facilities and appurtenances for the transmission and distribution of electricity. 3. Communication facilities, overhead and/or underground and appurtenances. The above facilities will be installed at such locations and devations 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 further 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 California, described as follows: That portion of LOT “c” of RANCH0 AGUA HEDIONDA, according to Map thereof No. 823 filed in the office of the County Recorder of said County of San Diego, described in a deed recorded August 17, 1961 at Recorder’s File/Page No. 141468 of Official Recorders of said County of San Diego. The easement in the aforesaid lands shall be 12.00 feet in width, being 6.06 feet measured at right angles, on each side of the following described center line: Commencing at a found three quarter inch pipe with disk marked ‘R.C.E.29271” being an angle point on the Westerly boundary of VISTA TRACT NO. 85-7, according to Map thereof No.1 1714, filed in said County of San Diego, said angle point bears South 04” 58’ 44” East, 635.16 feet (calculated), 635.28 feet (record) from a found three quarter inch pipe with disk marked “L.S.3338, also being an angle polnt in the Westerly boundary as shown and delineated on said Map No. 11714; thence leaving said angle point South 54” 48’ 54’ West, 1947.94 feet to CMWD S?- ,oq -l- 81-0251-S Rev. 1 L . the TRUE POINT OF BEGINNING of the centerline herein described; thence leaving said TRUE POINT OF BEGINNING, South 12” 19’ 22” West, 123.50 feet to a point herein described Point “A”; thence North 87” 41’ 08” West, 111.81 feet to a point herein described Point “B”; thence South 78” 25’ 24” West, 75 feet more or less to a point on the Westerly boundary of the above described lands of Grantor. The sidelines of the above described easement shall be lengthened and or shortened so as to terminate on the Westerly boundary of the above described land. ALSO: Those certain strips of land 4.00 feet in width, being 2.00 feet measured at right angles, on each side of the following described centeriines: 1. Beginning at said Point “A”; thence South 87” 41’ 08” East, 25.00 feet. 2. Beginning at said Point “B”; thence North 05” 00’ 00” West, 21.00 feet. Grantor grants to Grantee the right to erect and maintain on Grantor’s property adjacent to this easement such anchorage as may be necessary for Grantee’s purposes. 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 wriien consent of Grantee, which consent shall not unreasonably be withheld. Grantor further 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 CALUNG 8882000, and OBTAlNlNG PERMISSION. -2- 814251 -S Rev. 1 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. IN WITNESS WHEREOF, Grantor executed this instrument this %&day of r/?Guclv, 19 ?I. BY: CARLSBAD MUNICIPAL WATER DISTRICT B .P 4’ L. /; .i/ / &,I. I yr/‘.’ ‘ I ‘L. & BY &&w ALETHA L. RAUTENKRANZ, Secret ry )1 Drawn Checked Sketch Date Project No. Const. No. A.P. No. squires Kelly s-591 9 01-23-91 91691 O-020 234655 1 169-230-02 4 / / , , ,‘>%’ I : p-1 (. /‘);. tf:. .A> \;,Ly :I . . ,, , / 7 , ( fj :..e i i’ -;,l / /g f, , 0 / p(;y CORPORATE ACKNOWLEDGMENT NO. 202 State of California Countyof San Diego On this the2lstday of Mart-h lg...%, before me, Karen R. Kundtz the undersigned Notary Public, personally appeared Claude A. Lewis and Ale& J,. m [XI personally known to me Cl proved to me on the basis of satisfactory evidence OFFICIAL SEA KAREN R VII PWitCIt’Al OFFIC SAN OIEGO CUIJ.. to be the person(s) who executed the within instrument as President and Secretary man behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESSmy hand and_offic_ial seal. 122 NATIONAL NOTARY ASSOCIATION l 23012 Venlura Blvd. l P.O. Box 4625 l Woodland Hills, CA 913 -3- 81-0251-S Rev. 1 - . 3 --‘1’L’s- 3,“Af M. M, ,c a,, ii f% .gi’&, u+u A, ti . -lob .t, .v “‘av,y”yp 2 fpz 1. L, w -I-J+ Ip am”d m3 E&!E a CA”, 42 3x3 p> I I -2 I -- N zi -T---- l m a RESOLUTION #724 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, TO GRANT AN EASEMENT TO SAN DIEGO GAS C ELECTRIC COMPANY FOR RELOCATION OF OVERHEAD FACILITIES FOR PROPOSED CHLORINATION FACILITY AT MAERKLE DAM SITE (FORMERLY SOUIRESl CMWD 89-109 WHEREAS, SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, has requested an easement and right of way for relocation of overhead facilities to accommodate the District's proposed chlorination facility over a portion of Maerkle Dam Site (formerly Squires), CMWD Project No. 89-109; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it to be in the public interest to grant said easement and right of way: NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Carlsbad Municipal Water District as follows: 1. That the above recitations are true and correct. 2. That the easement and right of way requested by San Diego Gas & Electric Company dated March 20 I 1991, conveying an easement and right of way for relocation of overhead facilities to accommodate the District's proposed chlorination facility over a portion of Maerkle Dam Site (formerly Squires), CMWD Project No. 89-109, which is on file with the Carlsbad Municipal Water District and is incorporated herein by reference, is granted. 3. That the President of the Board is authorized to executed the easement and right of way and the Secretary is hereby 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 26 27 28 authorized to forward the original easement and right of way to San Diego Gas & Electric Company to be recorded in the Office of the County Recorder of San Diego County. PASSED, APPROVED AND ADOPTED at special meeting of the Carlsbad Municipal Water District held on the 19th day of March I 1991 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson, Nygaard and Stanton NOES: None ABSENT: None ATTEST: ALETHA L. (SEAL) CMWD 89-109 2