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Home My WebLink About1992-04-14; Municipal Water District; 159; Joint Use Agreement for Water Line PurposesAB#-LL!~. T& APPROVAL & ACCEPTANCE OF-J&NT USE MTG. +I‘/-+~ AGREEMENT BETWEEN SDGfE 61 THE DISTRICT DEPT. FOR WATER LINE PURPOSES OVER, UPON &I ~c, ACROSS SDG&E EASEMENT, CMWD 84-509 RECOMMENDED ACTION: CARLSBAD M:-=‘lClPAL WATER DISTRICT - ,+--?ENDA BILL a Joint Use Adopt Resolution No, '785 for approval and acceptance of Agreement between San Diego Gas & Electric Company and Carlsbad Municipal Water District to provide for the joint use of the area common to both parties across San Diego Gas & Electric Company existing easement. ITEM EXPLANATION: BCE Development Properties Inc., developers of Alga Hills, Minor Subdivision 667, CarlsbadTract 84-41, CMWD Project No. 84-509 project are in the process of granting an easement for water line purposes to the District for operation and maintenance of the water system as directed in Exhibit llA1' and "Bl' of the attached Joint Use Agreement. The District and the SDG&E desire to provide for the joint use of the area common to both the SDG&E & the District for the construction, operation, and maintenance of both parties' facilities in, over, under, and across the foresaid common area. The Engineering staff and the Acting General Counsel have reviewed the Joint Use Agreement and find it satisfactory for its intended purposes. It is recommended that the Board of Directors approve and accept the Joint Use Agreement between SDG&E and the District for joint use of the area common to both parties for operation and maintenance of both parties' facilities for Alga Hills, Minor Subdivision 667, Carlsbad Tract 84-41, CMWD Project No. 84-5.09, authorize the President to sign the joint use agreement and authorize the SDG&E Company to cause the original to be recorded in the Office of the San Diego County Recorder. FISCAL,IMPACT: None. EXHIBITS: 1. Location Map. 2. Joint Use Agreement between the SDG&E Company and the District for the joint use of the area common to both parties across SDG&E existing easement at Alga Hills, Minor Subdivision 667, Carlsbad Tract 84-41, CMWD Project No. 84-509. 3. Resolution No. /I&.% approval and acceptance of Joint Use Agreement to provide for the joint use of the area common to both parties across SDG&E Company existing easement. CMWD 84-509 - Recording Requested by City of San Diego When recorded, mail to: San Diego Gas & Electric Company P.O. Box 1831 San Diego, CA 92112 Attention : John Burton, EB601 Carlsbad Municipal Water District Engineering Department 5959 El Camino Real Carlsbad, California 92008 SPACE ABOVE FOR RECORDER'S USE THE UNDERSIGNED DECLARES CONSIDERATION IS LESS THAN $100 AND TRANSFER TAX IS NONE. JOINT USE AGREEMENT THIS AGREEMENT, dated / , 199& by and between SAN DIEGO GAS & ELECTRIC, a corporation (SDG&E), and THE CARLSBAD MUINICIPAL WATER DISTRICT, a municipal corporation (District), is made with reference to the following facts: A. SDGtE is engaged in the business of transmitting and distributing gas and electricity within the City of CARLSBAD, County of San Diego, State of California, and has facilities for such purposes located in, upon, over, under, and across that certain easement and right-of-way granted to SDG&E per document Recorded May 12, 1954 in Book 5253, Page 130, of Official Records; and; (CARLBJUS.JOl] B. DISTRICT is now acquiring or has acquired, easements for public utility purposes in, upon, over and across the real pro- perty described in Exhibit "A", which is attached hereto and by this reference made a part hereof, and intends to construct, operate and maintain therein a public utility the location of which is shown on Exhibit tlB@l attached hereto and made a part hereof; and C. The utility dedication referred hereto is shown on District Drawing No. 85-509, a copy of which is on file in the office of the District; and D. DISTRICT and SDG&E desire to provide for the joint use of the area common to both the SDG&E easement and right-of-way and the CITY'S de'dicated utility right-of-way for the construction, operation, and maintenance of both parties' under, and across the aforesaid common area. facilities in, over, NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: In lieu of dedication, SDGCE hereby consents that a public utility may be constructed and maintained over, upon and across that portion of SDG&E'S aforementioned easement and right-of-way lying within the limits of the proposed public street as shown on said Exhibit l@B" hereinafter referred to as area subject to the following: (a) In the event that the future use or alteration of said area by the DISTRICT for utility or public improvements incidental thereto shall at any time or times necessitate a rearrangement, relocation or reconstruction of any of SDG&E'S facilities or the acquisition of additional property easements, or both, pursuant thereto, the same shall be performed by SDGtE, or by any other party with the consent of SDGfE, at the cost of the DISTRICT. (b) In the event that the future use of SDG&E's easement properties by SDG&E shall at any time or times necessitate or a rearrangement, relocation, or reconstruction of the public improvements incidental thereto, the same shall be performed at the cost of SDG&E. (c) All uses of said area by either party shall be such as will not permanently interrupt the use or operation of the . facilities therein of the other party; uses of said area by either party which temporarily interfere with the use of the other party will be made only when reasonably necessary and will be promptly terminated as soon as the necessity therefore no longer exists. (d) SDG&E retains the right to review and approve of specific locations of all facilities within its easement to avoid conflict with existing and future SDG&E facilities. Such approvals shall be granted by SDG&E's "Letter of Permission for Grading and Construction of Improvementsl# and approvals shall not be unreasonably withheld. (e) If the DISTRICT shall hereafter vacate, in whole or in part, the area which is occupied by SDG&E's easement, the DISTRICT shall, in the vacation proceedings, reserve to SDG&E all rights owned by SDG&E prior to the execution of this agreement. 3 [CARLBJUS.JOl] - . . (f) Except as expressly herein set forth, this agreement shall not in any way alter, modify, or terminate any of SDG&E's rights in said area. I IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by duly authorized officers on the day and year first above written. SAN DIEGO GAS & ELECTRIC CO.. a Cal BY: - LAND MANAGEMENT SUPERVISOR DRAWN BY: Rick Engineering DATE: September 13, 1990 R/W NO.: 31553 A.P. NO.: 215-491-47 T.M.: 23011-13806 DWG. NO.: AM 7229 Executed by DISTRICT this A5 = day of u I 199& Board of Directors ATTEST: By: ---. ALETHA L. RAUTENKRANZ, Secretary, Board Directors APPROVED AS TO FORM: VINCENT F. BIONDO, JR. By: KAREN J. HIRATA $./o.Gr- Deputy General Counsel CMWD 84-509 4 [CARLBJUS.JOl] STATE OF CAUFORNlA COUNTY OF SAN DIEGO 1 1 ss. Ofl ) 2 / 7 7 / , before me, the undersigned, a Notary Pubk in and for said State, personaily appeared Keith L Little personally known to me to be the person who executed the within instrument as Acting Land Management Supervisor, Land Services Department, on behalf of San Diego Gas & Electric Company, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hayfjb Id official seal. Signature . I LOCATION MAP LQ R&K ENGINEERING coh/lr~~Y VICINITY. MAP EJ %‘““,“‘““W.’ J.N. 10841Q .3rl.b.d.~9zvn w., l ,,.woo ROJECT NAME: PROJECT NO. EXHIBIT NC Al GA HliLS C.M.W.D. -a -aA 1959 Palomar Oaks Way Suilc 200 Cwlsbad. CA 921Jd9 (619~431-8200 RI~~CENGINEERING COMPANY , Legal Description I J-10841-Q TC Ref. co. Order No. WATERLINE EASEMENT Page 1 of 1 Dale Descr. Rev. By EXHIBIT A An easement being a portion of Lot 110 of Carlsbad Tract No. 75-4 (La Costa Estates North) in the City of Carlsbad according to Map thereof No. 8302, filed in the Office of the County Recorder in San Diego County, State of California recorded May ,5, 1976, more particularly described as follows: A strip of land being 20 feet wide, lying 10.00 feet on each side measured at right angles and parallel with the following described centerline: COMMENCING in the Northwesterly corner of said Lot 110; thence along the Northerly line of said Map No. 8302 South 60'37'21Vt East 185.48 feet to the TRUE POINT OF BEGINNING; thence leaving said Northerly line and along said ce,nterline South 50'08115t' East 221.81 feet: thence South 60*37'2111 East 50.00 feet; thence South 77'22'20Vt East105.36 feet to POINTOFTERMINATION said point being an angle point on the centerline of an existing 20 foot wide waterline easement granted to Carlsbad Municipal Water District recorded November 10, 1975 as File/Page No. 75-314412. The sidelines of said easement shall be lengthened or shortened at all angle points and to begin on said Northerly line of Map No. 8302 and shall end on existing centerline of said existing waterline easement recorded November 1, 1975. C.M.W.D 84-509 SJS/rab.OOl RE103 489 c j; . . . . . :i’.‘,i :* h ‘L ,, ,. :_ ‘. 7 i ‘: I+ *’ 2; ~Li5Gh7L7 ,I. -c,J”:; ;vg r-j Ii!? % j ’ y’ < I * ; _ ,. PiATiVU!STMF~~O~ZI RICK LNOINIIRINO COMPANY CIVIL RNQINIIRI . EU,=VEWl * PLANNCRI ‘:.:] WALVi L /!lfE ~54%A4?Yi-- ; lLrnHLDUlOLK0 *av,mumop-~cI- 5 -- CAMD 84-509. pAc*Ew nR //yj4/(3 SCALE ) I’= 60’ I OA7E P-Iii-w- RESOLUTION NO. 785 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, ACCEPTING AJOINT USE AGREEMENT BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY AND THE CARLSBAD MUNICIPAL WATER DISTRICT I WHEREAS, San Diego Gas & Electric Company, a California corporation, has submitted a Joint Use Agreement between San Diego Gas & Electric Company and Carlsbad Municipal Water District conveying the joint use of the area common to both parties across San Diego Gas & Electric Company's existing easement: and WHEREAS, BCE Development Properties Inc., developers of Alga Hills, Minor Subdivision 667, Carlsbad Tract 84-41, CWMD Project No. 84-509, are in the process of granting an easement for water line purposes to Carlsbad Municipal Water District as directed in Exhibit r'Atl and ltB1f of the Joint Use Agreement attached thereto and made a part thereof: the Carlsbad Municipal Water District and the San Diego Gas & Electric Company desire to provide for the joint use of the area common to both parties for the construction, operation, and maintenance of both parties' facilities in, over, under, and across the foresaid common area; and WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has determined it to be in the public interest to accept said Joint Use Agreement; 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 Joint Use Agreement between San Diego Gas & Electric Company and Carlsbad Municipal Water District dated 1 1 2 4 f t 5 E s 1c 13 li 12 14 15 16 17 1e 19 20 21 22 23 24 25 26 27 28 October 7, 1991, for the Alga Hills, Minor Subdivision 667, Carlsbad Tract 84-14, CMWD Project No. 84-509 project conveying the joint use of the area common to both parties for the construction, operation, and maintenance of both parties' facilities in, over, under, and across the foresaid common area across San Diego Gas & Electric Company's existing easement, which is on file with the Carlsbad Municipal Water District and is incorporated herein by reference, is accepted. 3. That the President is authorized to sign the agreement and the San Diego Gas & Electric Company is authorized to cause the original joint u-se agreement to be recorded in the office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a meeting of the Carlsbad Municipal Water District held on the 14th day of April I 1992 by the following vote, to wit: AYES: Board Members Lewis, Kulchin, Larson, Stanton and Nygaard NOES: None ABSENT: None ATTEST: (SEAL) CMWD 84-509 .2 ._ -