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HomeMy WebLinkAbout2024-07-23; City Council; Resolution 2024-181RESOLUTION NO. 2024-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF A GRANT OF EASEMENT TO SAN DIEGO GAS & ELECTRIC FOR THE STATE STREET PARKING LOT ELECTRIC VEHICLE CHARGING STATIONS PROJECT, CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 4090 WHEREAS, the city requires electric vehicle, or EV, charging stations for the State Street Parking Lot Electric Vehicle Charging Stations Project, Capita l Improvement Program, Project No. 4090, or Project; and WHEREAS, on March 14, 2023, the City Council adopted Resolution No. 2023-075, authorizing execution of an agreement with San Diego Gas & Electric, or SDGE, to provide, install and maintain EV charging station infrastructure as part of the Project; and WHEREAS, SDGE is in the process of finalizing the infrastructure design and has requested the city grant an easement to SDGE for the purpose of installing and maintaining their Project equipment; and WHEREAS, the City Planner has determined that the Project is exempt from the California Environmental Quality Act, or CEOA, under Guidelines Section 15301{b), which covers the minor alteration of existing public facilities, including existing facilities of both investor and publicly owned utilities, involving negligible or no expansion, and no exception to the exemption as set forth in CEOA Guidelines section 15300.2 applies to this Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as foll ows: 1. That the above recitations are true and correct. 2. That the Mayor is authorized and directed to execute the Grant of Easement to 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 23rd day of !!:!!y, 2024, by the following vote, to wit: AYES : NAYS: ABSTAIN : ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, Mayor CL SHERRY FREISINGER, City Clerk (SEAL) £r 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-CPA0l Project No. 3-567136 Notif. No. 3-567637 A.P.N. No. 203-296-06 SR No. : 1352683 RW 376020 Attachment A SP ACE ABOVE FOR RECORDER'S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMP ANY EASEMENT CITY OF CARLSBAD, A CALIFORNIA MUNICIPAL CORPORATION, (Granter), 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 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: Lot 4 of Subdivision of a Portion of Tract No. 106 Carlsbad Lands, according to Map thereof No. 1710, filed in the Office of the County Recorder of said County of San Diego. T: LandServices:Non-Records: New Business: -/- 810236S Rev. I 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 grants to Grantee the right to erect and maintain on Grantor's property immediately adjacentto this easement retaining walls and/or protective barricades as may be necessary forGrantee'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 ELECTRJCAL CONDUCTORS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRJC 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: 05/16/2024 T LandServices: Non-Records:New Business: -2- I 810236S Rev. I IN WITNESS rREOF, Grantor executed this instrument this ~ day of ]vt-\i , 20 (}, . GRANTOR ARLSBAD, A CALIFORNIA .......,..-,._,RPO RATION Keith Blackburn Print arne Mayor Title 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 alidity of that document. STATE OF CALIFORNIA COUNTYO~~Q On 0~ :J-5,c:!Wr,' before m~ f C&.,JJ.221;_12(~) J1~(J' 7 (name, title of officer) personally appeared /~ /3.f!.@.;<Jol,t..J......r) , 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 ignature(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. ~R~-111~ (Signature of Notary Public) T:LandServices:Non-Records:NewBusiness: -3- ... 0 0:: z 1 (Notary Seal) TAMARA R. CLOUD-iCMINN [ COMM. #2407464 z Notary Public • California ::u San Diego County ~ ~ Com'!'. Expires Ju11,; 8, 2036 J 810236S Rev. 1 SUB. OF A POR. OFTRACT NO. 106 )CARLSBAD LANDS MAP NO. 1710 / \\ LOT-3 / APN: 203�296-08 /\,/ LOT-2 / / / Owner: CITY OF CARLSBAD, A CALIFORNIA MUNICIPAL CORPORATION Recorded: January 30, 2012 Doc No: 2012-0050403 APN: 203-296-06 LOT-4 � 'Y� � NEW � TRANSFORMER �. D245977 N EX/STTNG ' CABLE POLE P219JJ NEW UNDERGROUND ELECTRICAL LOT-5 / / / / / / � � / ,,,,, LOT-6 SDG&E RW 376020 UG ELEC. EXHIBIT "A" SAN DIEGO GAS & ELECTRIC ORIGINATOR: OK TO INSTALL: J.KOOK SAN DIEGO, CALIFORNIA SURVEYED BY: R OK: su / / 1-------__;:_:_c....:........:.;.;=-...:...;_c__;:__;_ ___ ------l NONE M NB3 C / 0 CARLSBAD 1-:D=aR>.=wN..,....BY�s,=LS: �BT--+-=-=DA=:TE:,--· o-5/_1_6/-20-2---14 3021 STATE ST R45 EV DATE: THOS. BROS. NO. STATE ST.'-CARLSBAD, CA o5 16 2024 SAN Dlt..GO COUNTY s� TO SCALE SUPPLEMENTS PROJECT NO. 3-567136 NOllF. NO. 3-567637 DRAWING NO. DATE: BY APP'D