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Home My WebLink About2021-11-16; City Council; Resolution 2021-250RESOLUTION NO. 2021-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC OVER A PORTION OF LOT 3 AND 4 OF BLOCK "B" OF THE RESUBDIVISION OF A PORTION OF ALLES AVOCADO ACRES, ACCORDING TO MAP NO. 2027 AND GENERALLY DESCRIBED AS 3606 HARDING STREET CASE NAME: CASE NO: HARDING STREET VETERANS HOUSING SDP 16-12 Exhibit 1 WHEREAS, the City Council of the City of Carlsbad, California approved the Harding Street Veterans Housing Site Development Plan 16-12 on Jan. 18, 2017; and WHEREAS, Affirmed Housing Group, the Developer, is constructing the apartment complex consistent with the approval; and WHEREAS, the City of Carlsbad owns the property; and WHEREAS, San Diego Gas and Electric has requested an easement for equipment necessary to serve the development; and WHEREAS, the easement for electrical equipment is necessary to serve the development, is located outside the public right-of-way and will not interfere with planned or future improvements; and WHEREAS, the City Council of the City of Carlsbad, California has determined it to be in the public interest to grant said easement; 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 easement conveying a public utility easement to San Diego Gas and Electric incorporated by reference as Attachment A, is approved. 3. That the mayor is authorized to grant the easement. Nov. 16, 2021 Item #3 Page 3 of 16 Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company 8690 Balboa Ave. San Diego, CA 92123 Attn: Real Estate Records – CPA01 SPACE ABOVE FOR RECORDER'S USE Project No.: 3-331246 Notif. No.: 3-331248, 3-362280 A.P.N.: 204-192-05 Transfer Tax None SR No.: 463267 SAN DIEGO GAS & ELECTRIC COMPANY R/W 372384 EASEMENT CITY OF CARLSBAD, A 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, reconstruct, relocate, repair, maintain and use facilities consisting of: 1.Poles, wires, cables and appurtenances for the transmission and distribution ofelectricity. 2. Underground facilities, together with aboveground structures consisting of, butnot limited to, pad-mounted electrical equipment, and appurtenances for thetransmission and distribution of electricity. 3.Communication facilities, overhead and/or underground and appurtenances, used solely and exclusively for SDG&E internal communications. 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 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 City of Carlsbad, County of San Diego, State of California described as follows: Nov. 16, 2021 Item #3 Page 5 of 16 That portion of Lots 3 and 4 in Block “B” of Resubdivision of a portion of Alles Avocado Acres, according to Map thereof No. 2027, filed in the Office of the County Recorder of said County of San Diego, said portion is more particularly described as Parcel B in a deed recorded on September 16, 2020 as Document No. 2020-0545496, of Official Records, in the Office of the County Recorder of said County of San Diego. The easement in the aforesaid lands shall be 12.00 feet in width, being 6.00 feet on each side of the center line of the facilities to be installed, the approximate location being shown and delineated as "OVERHEAD UTILITY FACILITIES" and shall be a strip 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 facility installed, the approximate location being shown and delineated as "UNDERGROUND UTILITY FACILITIES" on the Exhibit "A", attached hereto and made a part hereof. 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 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 written consent of Grantee, which consent shall not unreasonably be withheld. 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 696-2000, and OBTAINING PERMISSION. 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. 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. Drawn: SLS/BT Checked: SM Date: 04/14/2021 (Rev. 08/13/2021) (Rev. 10/15/2021) Nov. 16, 2021 Item #3 Page 6 of 16 IN WITNESS WHEREOF, Grantor executed this instrument this _____ day of _______________, 20_____. GRANTOR CITY OF CARLSBAD, A MUNICIPAL CORPORATION ____________________________________ Signature ____________________________________ Print Name ____________________________________ Title STATE OF CALIFORNIA COUNTY OF On , before me , (name, title of officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) (Signature of Notary Public) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Nov. 16, 2021 Item #3 Page 7 of 16 Nov. 16, 2021 Item #3 Page 8 of 16