HomeMy WebLinkAbout2021-11-16; City Council; Resolution 2021-251RESOLUTION NO. 2021-251
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 1 OF SUBDIVSION OF TRACTS 114 AND 120 OF
CARLSBAD LAND, ACCORDING TO MAP NO. 1744 AND GENERALLY
DESCRIBED AS 965 OAK AVENUE.
CASE NAME:
CASE NO:
OAK STREET VETERANS HOUSING
SDP 16-13
Exhibit 2
WHEREAS, the City Council of the City of Carlsbad, California approved the Oak Street Veterans
Housing Site Development Plan 16-13 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:
Ill
Ill
Ill
Ill
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 9 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. 3-330967 Notif. No. 3-331242, 3-362237 A.P.N. No. 204-111-02 Transfer Tax None
SR No. : 463091 SAN DIEGO GAS & ELECTRIC COMPANY
RW 372354
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. Underground facilities, together with aboveground structures consisting of, but not
limited to, pad-mounted electrical equipment, and appurtenances for the
transmission and distribution of electricity.
2.Communication facilities, and appurtenances, used solely and exclusively forSDG&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:
That portion of Lot 1 of the Subdivision of Tracts 114 and 120 of Carlsbad Land, according to
Map thereof No. 1744, filed in the Office of the County Recorder of said County of San Diego and a portion of Oak Avenue, vacated and closed by a resolution of the City of Carlsbad, recorded on March 3, 1961 as File/Page No. 38238, of Official Records, in the Office of the County Recorder of said County of San Diego, said portions are more particularly described as Parcel A 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.
Nov. 16, 2021 Item #3 Page 11 of 16
The easement in the aforesaid property 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 "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 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 (619) 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. 10/15/2021)
Nov. 16, 2021 Item #3 Page 12 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.
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