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Home My WebLink About2024-01-09; City Council; Resolution 2024-003RESOLUTION NO. 2024-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING A FIRST AMENDMENT TO A GRANT OF EASEMENT WITH SAN DIEGO GAS AND ELECTRIC FOR THE POWER YOUR DRIVE FOR FLEETS MAKE-READY INFRASTRUCTURE PROGRAM TO INSTALL ELECTRIC VEHICLE CHARGING INFRASTRUCTURE WHEREAS, on Jan. 11, 2022, the City Council of the City of Carlsbad, California determined that it is necessary to install make-ready infrastructure to support the conversion of medium and heavy duty vehicles to hybrid or electric vehicles; and WHEREAS on Jan. 11, 2022, the City Council adopted Resolution No. 2022-008, authorizing an agreement with San Diego Gas and Electric (SDGE) for the Power Your Drive for Fleets Make-Ready Infrastructure Program, or Agreement; and WHEREAS, on Feb. 1, 2022, Document No. 2022-0048444 was recorded in the office of the San Diego County Recorder granting SDGE an easement for electrical infrastructure being installed as part of the Agreement; and WHEREAS, delays caused by infrastructure component availability and extended product lead times have resulted in the need to extend the existing easement; and WHEREAS, the First Amendment of the Grant of Easement extends the expiration date identified in the original easement document to Dec. 31, 2027, providing enough time for SDGE to complete the infrastructure delineated in the Agreement; and WHEREAS, the City Planner on Dec. 8, 2023, determined that the proposed project is exempt from the California Environmental Quality Act under Section 15601{b)(2), because the project is subject to the categorical exemptions outlined in Sections 15301{b) and 15303{d). No appeal to this determination under Carlsbad Municipal Code Section 21.54.140 was received. 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 Mayor is authorized and directed to execute the First Amendment to Grant of Easement with SDGE, attached hereto as Attachment A. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of January, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor � SHERRY FREISINGER, City Clerk {SEAL) T:land/data/lraforms/distrib/First Amendment to Grant of Easement 1 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. 3-393337 Notif. No. 3-393485 A.P.N. No. 209-050-26 Transfer Tax None SR No.: 1315519 SAN DIEGO GAS & ELECTRIC COMPANY RW 374471 __________________ ____ FIRST AMENDMENT TO GRANT OF EASEMENT THIS FIRST AMENDMENT TO GRANT OF EASEMENT (the “First Amendment”) is entered into as of _____________________, 2023 by and between CITY OF CARLSBAD, A MUNICIPAL CORPORATION, (“Grantor”) and SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (“Grantee”). RECITALS A. Grantor is the owner of that certain parcel of real property (the “Property”) more particularly described as follows: That portion of Lot “B” of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, more particularly described in a Deed recorded June 30, 1982 at File/Page No. 82-201566, of Official Records of said County of San Diego. B. On January 14, 2022, Grantor entered into that certain Grant of Easement (the “Grant”) with Grantee, recorded on February 1, 2022 at Document No. 2022-0048444 of Official Records of said County of San Diego, whereby the Grantor granted to Grantee an easement over the Property for the purpose 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 to the Facilities. 2. Communication facilities, and appurtenances, which can include Supervisory Control and Data Acquisition (“SCADA”). Attachment A C.Grantor and Grantee desire to amend the Grant to revise expiration date within said easementdescribed as Parcel B in the Grant from December 31, 2022 to December 31, 2027 for underground facilities, communication facilities, and appurtenances. AMENDMENT NOW, THEREFORE, Grantor and Grantee agree as follows: I.The easement in the aforesaid property shall be those strips of land, including all of the arealying between the exterior sidelines, which sidelines shall be three (3) feet, measured at rightangles, on each exterior side of each and every utility facility installed within said propertyon or before December 31, 2027, EXCEPTING THEREFROM, those portions lying withinParcel A. 2.Except as modified by this First Amendment, the Grant shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed effective as of the date first written above. Prepared by: Checked: Date: R/W No.: Site No: Site Name: SLSNW SM CITY OE.J.+\:lu::::oBAD, A MUNICIPAL CORPORATION By: ttl Name: \<e i--fu � \� vtUJ(V\ Title: M °'-i D'(' SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation By: ______________ _ John Ritter Right of Way Manager 01/24/2023 (rev. 07/31/2023) RW 372941 MD190021 City of Carlsbad 2 T· /andldatallraformsldistrib/First Amendment to Grant of Easement 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. STATE OF CALIFORNIA COUNTY OF S-f\� \)\_� {) On �. \l), 1))1,� , before me ��k i\\;f(\l(\J� , �\)JJ'\f i � \A�l,l(,(name, title of officer) personally appeared \(�\:TI:\: � l fs( }: � U. f:N 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Signature ofNotary Public) T:landldatallraforms/distrib/First Amendment to Grant of Easement 3 (Notary Seal) O ANA ALARCON e O i COMM. #2333444 z Notary Public • California � San Diego County ... M Comm. Ex ires Se . 14, 2024 T:land/data/lraforms/distrib/First Amendment to Grant of Easement 4 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.