HomeMy WebLinkAboutCT 99-10; Buerger; Tentative Map (CT) (36)San Diego Gas & Electric
8335 Century Park Court
San Diego, CA 92123
A ( Sempra Energy" utility
October 2, 2002
Mr. Dave Garrett
Aviara Pointe, LLC
3665 Ruffm Road, Suite 230
San Diego, CA 92123
LETTER OF PERMISSION FOR GRADING
AND CONSTRUCTION OF IMPROVEMENTS
Dear Mr. Garrett:
San Diego Gas & Electric Company (SDG&E) is the owner of a 150' Electric Transmission
Easement located in and around the following legal description: BEING A SUBDIVISION OF
THE NORTH HALF OF THE SW % OF THE NW !/4 OF THE NE 1A OF SECTION 27,
TOWNSHIP 12 SOUTH, RANGE 4 WEST OF THE SAN BERNARDINO MERIDIAN, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO US GOVERNMENT SURVEY APRIL 21, 1890. (A.P.N. 251-040-08 & 10)
(SDG&E Right of Way No. 45056 Recorded February 7, 1958 as Document No. 20262 in Book
6941, Page 234 of Official Records).
We have reviewed and approved the Grading Plans for Aviara Pointe - Carlsbad Tract 99-10,
received February 25, 1999, revised June 24, 2002, and accepted July 11, 2002, which shows the
proposed grading and improvements on the property subject to our easement, attached hereto as
Exhibit 'A' (7 sheets).
Permission is hereby granted to Aviara Pointe, LLC (Permittee), to grade and construct
improvements as shown on said plan, subject to the following conditions:
1. Expiration:
This permit to grade shall be effective for six (6) months from the date of this letter.
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2. Submittals:
2.1. Final signed, approved plans must be submitted to SDG&E's Land Management a
minimum of 10 working days before commencement of grading and construction of
improvements within the easement area.
2.2. Permittee agrees to supply SDG&E Transmission Engineering with 'as built' profiles
maps, if requested, of the grade changes within its easements. Profiles shall be at the
specifications of SDG&E's Transmission Engineering Department.
2.3. Permittee agrees to supply SDG&E with 'as-built' grading plans should revisions occur.
2.4. Landscape and irrigation plans to be submitted to SDG&E for review and approval at
least 15 working days prior to construction.
3. Pre-Cons true don Meeting:
SDG&E's Land Management Representative must be invited with at least forty-eight
(48) hours prior notice, whether by telephone, telefax or otherwise, to any pre-
construction meetings held before the start of construction.
4. Grading:
4.1. At least twenty-four (24) hours notice must be given to SDG&E's Land Management
before start of work or making field changes to plans within said easement.
4.2. Permittee is responsible to call DIG ALERT at 1-800-227-2600 for all underground
mark-out locations.
4.3. No grading shall be allowed within ten (10) feet of a single wood pole structure or
anchor, or fifteen (15) feet from any multi-wood pole structure (H-frame, 3-pole, etc),
or twenty (20) feet from any electric steel lattice towers. All measurements are taken
from face of foundation or face of pole. More details are found in the "Guide for
Encroachment - SDG&E Electric Transmission Rights-of-Way."
4.4. Clearance of (35) feet minimum between the SDG&E electric transmission wires and the
natural ground shall be maintained on any given day, noting line sags vary depending
on ambient temperature and line current. All CALOSHA requirements for clearances
between high voltage wires and heavy equipment must be maintained.
5. Erosion Control:
5.1. All disturbed and created slopes, within the SDG&E electric transmission easement,
shall be hydroseeded or planted by Permittee with an SDG&E approved mix.
5.2. Permittee shall design, implement and maintain erosion control to meet the City of
Carlsbad's requirements.
Aviara Pointe.doc
6. Storage:
6,1. This permission to grade letter does not permit storage of materials, dirt or debris on the
easement or fee parcels and does not allow for grading on the SDG&E fee parcels
other than that required to construct the accesses to our service roads as shown on the
plans.
7. Access:
7.1. SDG&E reserves the right to inspect and perform quality control work during
construction.
7.2. 24 hour access to all existing SDG&E facilities shall be maintained by Permittee.
8. Gates:
Any pipe gate construction and the location of the gates relative to the project are to
be approved by an SDG&E Land Management Representative. All gates shall be
built to accommodate SDG&E locks. All gates are the property of the underlying fee
owner. SDG&E has the right, but not the obligation to use and maintain.
9. Outstanding Agreements:
Permittee agrees to pay for, sign and/or have signed all Consent Agreements, Right-
of-Way Use Agreements and/or Joint Use Agreements between SDG&E and owner,
company, or public agencies who encroach upon the SDG&E easements.
10. Changes:
This letter shall not be construed as approval of any field changes. Specific approval
of any changes within the SDG&E easement, must be approved in writing by
SDG&E's Land Management.
11. Special Conditions:
11.1. All new access driveways shall have a 30' wide commercial grade apron.
11.2. All trees planted within SDG&E's easement, shall be no more than 15.00 feet in
heighth at maturity and shall not restrict SDG&E's access to any of its facilities.
11.3. Irrigation systems shall not spray directly onto any gas or electric facilty, access road
or maintenance pad.
Aviara Pointe.doc
12. Contingencies:
12.1. If the Permittee has not received a "Guide for Encroachment - SDG&E Electric
Transmission Rights-of-Way," or a copy of the "Land Use Agreement" Permittee
shall acquire both from SDG&E's Land Management.
12.2. This letter is subject to Permittee obtaining the necessary grading and improvement
permits from the City of Carlsbad.
12.3. This letter does not give Permittee permission to grade off site on any SDG&E
easement without permission from underlying fee property owner.
13. Indemnification:
13.1. Permittee agrees to assume all risk of loss, damage to property and/or injury and/or
death to persons, and to indemnify and hold SDG&E harmless from any and all
liability in any way arising from the proposed grading or construction of
improvements.
13.2. SDG&E shall not be responsible in any manner for any maintenance or repair of the
proposed grading or improvements. This includes, but is not limited to, drainage
and/or erosion problems.
14. Regulations:
All applicable laws and regulations of local, state and federal governments and their
agencies shall be complied with.
15. Terms and Conditions:
The terms and conditions of the document shall benefit and bind Permittee its
successors, assigns, agents or contractors.
16. Posting:
This permission letter shall be posted on the job site at all times.
Aviara Pointe.doc
Should you have any questions or require additional assistance, please call me at (858) 654-1201.
APPROVED BY:
San Diego Gas & Electric Company
Michael J. Williams
Land Management Representative
I ACCEPT THE AFOREMENTIONED CONDITIONS:
I hereby have the authority to sign,
AVIARA POINTE, LLC
a California limited liability company
By:
Rajeev Bhatia
Managing Member
Date:
Aviara Pointe.doc