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HomeMy WebLinkAbout2006-06-06; City Council; 18579; Cassia Heights Affordable Housing ProjectAB# MTG. DEPT. CITY OF CARLSBAD - AGENDA BILL 18,579 6/6/06 HIRED TITLE: APPROVE THE DEDICATION OF AN UNDERGROUND ELECTRIC EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY FOR SERVICE TO THE CASSIA HEIGHTS AFFORDABLE HOUSING PROJECT DEPT. HDfCW^ 6 • >&V ;_^_^-' CITY ATTY. /^ CITY MGR. UA — "" RECOMMENDED ACTION: Adopt Resolution No. 2006-137 approving the dedication of an underground electric easement to San Diego Gas and Electric Company for service to the Cassia Heights Affordable Housing Project. ITEM EXPLANATION: In March, 2005, the City entered into an agreement to purchase a 2.63 acre parcel located at the southwest corner of El Camino Real and Cassia Road for affordable housing purposes. The City also entered into agreements with El Camino Family Housing Partners (Affirmed Housing) to develop a 56 unit apartment complex to provide housing affordable to lower income households on the identified parcel, and to provide financial assistance for the development of said project. The 56 unit apartment development is currently under construction. The developer has worked with San Diego Gas and Electric Company (SDG&E) to provide electrical service to said development. The electric facilities will be maintained and inspected by SDG&E and, therefore, require a permanent easement to be granted from the City (as property owner) to SDG&E. Staff has reviewed the easement document and recommends that the City Council approve the dedication of the required electric easement to SDG&E. ENVIRONMENTAL REVIEW The City Council adopted a Negative Declaration for the subject housing development on August 10, 2004. No additional environmental review is required to grant the subject SDG&E easement. FISCAL IMPACT: There are no anticipated fiscal impacts with granting this easement to SDG&E. The housing development is being financed through a variety of sources. The City Council previously approved a total of $1,454,276 in financial assistance to the project for construction purposes. EXHIBITS: 1. City Council Resolution No. 2006-137 approving the dedication of an underground electric easement to San Diego Gas and Electric Company for service to the Cassia Heights Affordable Housing Project. 2. Location Map. 3. Grant deed of underground electric easement to San Diego Gas & Electric Company. DEPARTMENT CONTACT: Debbie Fountain, (760) 434-2815; dfoun@ci.carlsbad.ca.us , 1 CITY COUNCIL RESOLUTION NO. 2006-137 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE DEDICATION OF AN UNDERGROUND 3 ELECTRIC EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY FOR SERVICE TO THE CASSIA HEIGHTS AFFORDABLE HOUSING PROJECT. 4 WHEREAS, the City of Carlsbad purchased the 2.63 acre property at the southwest corner of El 5 Camino Real and Cassia Road for the purposes of developing an affordable housing complex for lower 6 income households; and, 7 WHEREAS, the City of Carlsbad subsequently entered into an agreement with El Camino Family 8 Housing Partners to ground lease said property for the purposes of developing a 56 unit rental complex 9 affordable to lower income households; and 10 WHEREAS, El Camino Family Housing Partners has entered into an agreement with San Diego 11 Gas and Electric Company to provide underground electric facilities for said affordable housing 12 development; and 13 WHEREAS, the San Diego Gas and Electric Company requires the dedication of an underground 14 electric easement to allow for the inspection and maintenance of said underground electric facilities on the 15 site of Cassia Heights Affordable Housing Project; and 16 WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest 17 to grant said easement to enable San Diego Gas & Electric Company to inspect and maintain the required 18 underground electric facilities on said site. 19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 20 California as follows: 21 1 . That the above recitations are true and correct. 22 2. That the grand deed of underground electric easement to San Diego Gas & Electric Company23 for the Cassia Heights affordable housing project, which is on file with the City Clerk and is24 incorporated by this reference, is approved. £*J mi 26 //// 27 //// 28 7- 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 Page 2 of CC Resolution No._ 3. That the Mayor is authorized to execute the grand deed of underground electric easement to San Diego Gas & Electric Company and the City Clerk is hereby authorized to cause the original easement document to be recorded in the Office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 6th day of June , 2006 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ABSTAIN: None ATTEST: LORRAINE M. WOOD, City Clerk s;re CARLSBAD FAMILY HOUSING GPA 02-05/ZC 02-06/SDP 02-13/SUP 02-09 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 - CP11D THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON JUL 17, 2006 DOCUMENT NUMBER 2006-0501655 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 3:28 PM Project No.:536839-010, 020 Const. No.:2845920, 1714700 Transfer Tax None APN No.:215-020-27 SAN DIEGO GAS & ELECTRIC COMPANY The undersigned grantor(s) declare(s^/ Documentary transfer tax is $0.00OH () computed on full value of property conveyed, or () computed on full value less value of liens and encumbrances remaining at time of sale. EASEMENT () Unincorporated area: (x) City of Carlsbad, and CITY OF CARLSBAD, a municipal corporation, hereinafter called "Grantor", grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Grantee", an 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, (3) Pipelines and appurtenances for any and all purposes, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes across Grantor's land situated in the County of San Diego, State of California, described as follows: All that portion of Fractional Northeast Quarter of the Southwest Quarter of Section 23, Township 12 South, Range 4 West San Bernardino Meridian described in a Deed recorded May 31, 2005 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 on or before December 31, 2008. 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 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 retaining walls and/or protective barricades as may be necessary for Grantee's purposes. s:land:data:lraforms:distrib: D-3short.doc 9/97 REV. 02/01 b Grantor will exercise only such reserved rights in said land as will not interfere with or prohibit the free and complete use and enjoyment by Grantee, its successor or assigns, of the rights hereby granted. Grantee shall have the right to assign any or all rights granted in this easement in whole or in part to other companies providing utility or communication services. Grantee shall have the right to top, cut, remove, or trim interfering plants and trees, and to keep said easement free from and to prevent any person, including 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. The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 of the Business and Professions Code, State of California. Dated k-l CITY OF CARLSBAD, a municipal corporation By: ' Hf MATT HALL Title: Mayor Pro-Tern Lessee hereby consents and subordinates its interest in and to this easement. EL CAMINO FAMILY HOUSING PARTNERS, LLC A California limited liability company By: AFFIRMED HOUSING CORPORATION, A California^orporation, its Manager James Silverwood Title: f President Prepared by JMW Checked by: Date 5/3/06 s:land:data:lraforms:distrib:D-3short.doc 9/97 REV. 02/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ^e<Sc<5^e<5G5££?&2<&^©^^ State of California County of SdH 1ss. On -J . 7,/Date before me, fb.-W\diQL personally appeared Y\Ad4"4- Name and Title ol Officer (e.g., "Jane Do/Notary Public") 0 CtvnrtHton #1661400 Ncrtov IHjMc - CeMnrta tan Otogo County Name(s) of Signer(s) P'personally known to me D proved to me on the basis of satisfactory evidence to be the person(JO whose nameftr) is/are- subscribed to the within instrument and acknowledged to me that he/shWthey executed the same in his/hwitbeij; authorized capacity(i9«f, and that by his/hefA^w- signature^ on the instrument the persorHp), or the entity upon behalf of which the acted, executed the instrument. SS my hand and officiaJ-seal. 7 ft\ - ^""»— _4Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:, Document Date: JOWQ. ~7 . Number of Pages:. Signer(s) Other Than Named Above: Capacities) Claimed by Signer Signer's Name: VApL "TT WeA V \ D Individual D Corporate Officer — Title(s): _ D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator Bother: W\'"Pro- Signer Is Representing: %©3Bese*55<5^«3®i3!ej^!oe^^ © 1999 National Notaiy Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Reorder: Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of DEBORAH JOY O'GRADYl Commission* 1376769 I Notary Public - California f San Diego County MyComm. Expires Sep26, 2006 ty r 6, 2006f w w 4 Name(s) of Signer(s) Impersonally known to me proved to me on the basis of satisfactory evidence to be the person^ whose namefc) is/ace subscribed to the within instrument and acknowledged to me that he/s'heTthay executed the same in his/rffcs/tbair authorized capacity(Te«), and that by his/rter/tbeir signature^) on the instrument the person(^, or the entity upon behalf of which the personfS} acted, executed the instrument. hand and official seal. Signature of Notary Pub! OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited C General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, 1999 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827