HomeMy WebLinkAbout3166; San Diego Gas & Electric; 1993-0647370; Joint Use Agreement4
Recording Requested by
City of Carlsbad
When recorded, mail to:
City Clerk’s Office
Citv of Carlsbad 12Ob CarlsbsLd Village Carlsbad. CA 92008
D' # 1993-0647370 30-SEP-1993 10=27 API
OFFICIAL RECORDS ‘.
521 SAN DIEGO COUNTY RECORDER’S OFFICE MtiETTE EWIK, ;;fJTY RECORDER : 0.00
THE UNDERSIGNED DECLARES
CONSIDERATION IS LESS THAN
$100 AND TRANSFER TAX IS NONE.
JOINT USE AGREEMENT
THIS AGREEMENT, dated September 23, 1993 by and between SAN DIEGO GAS
& ELECTRIC, a corporation (SDG&E), and THE CITY CARLSBAD, a municipal
corporation (CITY), is made with reference to the following facts:
A. SDG&E is engaged in the business of transmitting and distributing gas and
electricity within the City of San Diego, County of San Diego, State of
California, and has facilities for such purposes located in,‘upon, over,
under, and across that certain easement and right-of-way granted to
SDG&E per document Recorded October 11, 1940 in book No. 1078 page
247 of Official Records of the County of San Diego, California, certain
portions of which are located in the City of Carlsbad. Those portions of
said right-of-way for electric transmission lines within the City of
Carlsbad shall hereinafter be referred to as EASEMENT.
B. CITY has acquired an easement for public street and public utility
purposes hereinafter referred to as STREET, in, upon, over and across the
real property described in the deed from Continental Homes, Inc. to the
City of Carlsbad recorded as document number 92-0339771 on June 2,
1992 in the office of the County Recorder of the County of San Diego,
California, and intends to construct, operate and maintain therein a public
dedicated street, Palomar Airport Road; and
C. CITY and SDG&E desire to provide for the joint use of a portion of
STREET, said portion hereinafter referred to as AREA, the location of
522
which is shown on Exhibit “A” attached hereto and made a part hereof.,
for the construction, operation, and maintenance of both parties’ facilities
in, over and across AREA,
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, the parties hereby agree as follows:
In lieu of dedication or grant of easement, SDG&E and CITY hereby agree that a
public street may be constructed and maintained over, upon and across that
portion of EASEMENT lying within the limits of STREET and SDG&E
may construct and maintain overhead electrical transmission and
distribution facilities within AREA subject to the following:
In the event that the future use or alteration of AREA by the CITY for
streets or public improvements incidental thereto shall at any time or times
necessitate or rearrangement, relocation or reconstruction of any of
SDG&E’s facilities or the acquisition of additional property easements, or
both, pursuant thereto, the same shall be performed by SDG&E, or by any
other party with the consent of SDG&E, at the cost of the CITY.
(W In the event that the future use of SDG&E’s easement or properties within
STREET or AREA by SDG&E shall at any time or times necessitate a
rearrangement, relocation, or reconstruction of the public improvements
incidental thereto, the same shall be performed at the cost of SDG&E.
cc> All uses of said AREA by either party shall be such as will not
permanently interrupt the use or operation of the facilities therein of the
other party; uses of AREA by either party which temporarily interfere with
the use of the other party will be made only when reasonably necessary,
will be performed in agreement with applicable laws, regulations,
ordinances and standards pertaining to said uses and will be promptly
terminated as soon as the necessity therefore no longer exists.
(4 SDG&E retains the right to review and approve of specific locations of all
facilities over and above those shown on drawing 3 14-3, titled “Plans for
the Improvement of Palomar Airport Road and El Camino Real”, which is
on file in the office of the City Engineer of the City of Carlsbad, within
AREA to avoid conflict with existing and future SDG&E facilities. Such
approvals shall be granted by SDG&E’s “Letter of Permission for Grading
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03
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and Construction of
unreasonably withheld.
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Improvements” and approvals shall not be
CITY retains the right to review and approve of specific locations of all
facilities within STREET and AREA to avoid conflict with existing and
future CITY facilities. Such approvals shall be granted by CITY’s
Encroachment or Right-of-Way Permit processes, as applicable.
Approvals shall not be unreasonably withheld.
If the CITY shall hereafter vacate, in whole or in part, AREA the CITY
shall, in the vacation proceedings, reserve to SDG&E all rights given to
SDG&E by this agreement.
This agreement shall terminate all of SDG&E’s rights against CITY in
EASEMENT. Within six (6) months after the date of execution of this
agreement, SDG&E shall record a quitclaim deed to all rights and
privileges in EASEMENT and shall provide notice of such recording to
CITY. The form of said notice shall be a certified copy of the recorded
deed mailed to the City Engineer at:
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by duly authorized officers.
SAN DIEGO GAS & ELECTRIC CO.,
a California Corporation
By:
Ralph D. Richardson, Supervisor
Land Management
CITY OF CARLSBAD,
APPROVED as to form:
Ronald R. Ball
City A/ttQ”“y
by:- k
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524
PC personally known to me
proved to me on the basis of satisfactory evidence
person(S) acted, executed the instrument.
to be the person&) whose name($) is/are subscribed to the within instrument and acknowledged
to me that he/s&&q executed the same in his/lterftfieir authorized capacity(&), and that by
hislk&keir signature(s) on the instrument the person($), or the entity upon behalf of which the
OFFCIAL SEAL
BARBARA E. CARPENTER NOTARY PUBLIC-CALIFORNIA
525
Those certain 24.00 foot-wide and 4.00 foot-wide strips of land lying within the North half
of the Southeast Quarter; the Southeast Quarter of the Northeast Quarter of Section 18; the
Northwest Quarter of the Southwest Quarter; the Southwest Quarter of the Northwest Quarter
of Section 17, both Sections being in Township 12 South, Range 3 West, San Bernardino
Meridian, in the County of San Diego, State of California and also within the boundaries of
Palomar Airport Road and San Marcos Boulevard, described as follows:
Commencing at a 3/4 inch iron pipe with plastic plug “LS 3189” accepted as the
Northwest comer of the Northeast Quarter of the Southeast Quarter of Section 18, Township 12
South, Range 3 West, San Bernardino Meridian, as shown on Parcel Map No. 15413, filed
October 14, 1988 as File No. 88526389 in the Office of said County Recorder, said comer bears
North 89” 28’ 54” West, 1327.69 feet (Record 1327.66 feet, according to said Parcel Map No.
15413) from the East Quarter comer of said Section 18; thence from said Northwest comer
South 48” 05’ 07” West, a distance of 309.41 feet; thence North 74” 17’ 19” East, a distance of
10.00 feet to the TRUE POINT OF BEGINNING of the centerline of the herein described 24.00
food-wide strip of land; thence from said TRUE POINT OF BEGINNING continuing North 74”
17’ 19” East, a distance of 297.14 feet to a point herein designated as POINT “A”; thence North
80” 32’ 22” East, a distance of 340.13 feet to a point herein designated as POINT “B”; thence
North 89’12’ 35” East, a distance of 230.17 feet to a point herein designated as POINT “C”;
thence North 89” 30’ 22” East, a distance of 260.13 feet to a point herein designated as POINT
“D”; thence South 89” 10’ 49” East, a distance of 519.99 feet; thence North 88” 47’ 37” East, a
distance of 259.88 feet; thence North 84” 21’ 54” East, a distance of 261.82 feet to a point herein
designated POINT “E”.
The centerlines of the herein described 4.00 foot-wide strips of land are described as
follows:
1-l Beginning at the point described above as POINT “A”; thence North 12” 35’ 10” West, a
distance of 126.00 feet.
2.1 Beginning at the point described above as POINT “B”; thence North 08” 07’ 32” West, a
distance of 167.00 feet.
3.1 Beginning at the point designated above as POINT “C”; thence North 07” 03’ 39” West, a
distance of 154.00 feet.
4.) Beginning at the point designated above as POINT “D”; thence North 00” 09’ 46” East, a
distance of 125.00 feet.
5.1 Beginning at the point designated above as POINT “E”; thence North 02” 29’ 14” West, a
distance of 127.00 feet.
SEC 17
93163 92868
- . .=lLE: 92Q68.L3D
EXHIBIT ” A” FILE1 92868Rl.DWG DISK1 ACSW #22
SAN DIEGO GAS & ELECTRIC DRIGINATClRl OK TO INSTALL1 I’KUm NU,
--.JBB.--.-.-
SAN DIEGG, CALIFORNIA SURVEYED BYI R/W OKI 010773-060 RWS
PALOMAR AIRPORT RD RELOCATION DRAWN “’ AAW DATE’ -__ 2410450
PALCIMAR AIRPIIRT ROAD DATE’ 4-27-93 THnS* BRnSiO-D1 ----__.- CARLSBAD & SAN MARCOS SCALE1 1'=300'
NO. SUPPLEMENTS
1 ADDED JOINT USE AREA FOR STUBS -_-.--.-.---~ ..___ -___._.
2 SHORTENED JOINT USE AREA AT EAST END PER JBB
DATE0 BY APP’D
6-10-93 AAW PAP
E-12-93 AAW SPC
I ------.---- -.-----7-.7.1-I
527
LOCATION MAP
I CITY OF VISTA \\
I CITY OF CARLSBAD ’ ;*,
NOT TO SCALE
cm OF OCEAMSIDE
E , I VICINIT
PROJECT NAME JOINT USE AGREEMENT PROJECT EXHIBIT
FOR SDG&E 69 kV TRANSMISSION LINE N;-$;kR 1 \WN Et SCOTT EVANS, CARLSOAO ENGINEERING OEPT.
September 24, 1993
San Diego Gas t Electric P. 0. Box 1831 San Diego, CA 92’112-4150
Attention: John Burton
Re: Joint Use Agreement for a 69 KV Electrical Transmission Line - Palomar Airport Road and El Camino Real Widening Project
The Carlsbad City Council, at its meeting of September 21, 1993, adopted Resolution No. 93-265, approving a joint use agreement with
SDG&E for the portions of a 69 kV located within the City of Carlsbad on the Palomar Airport Road and El Camino Real Widening Project.
Enclosed please find a copy of Resolution No. 93-265 and a fully executed copy of the agreement for your files.
ALETBA L. RAUTENKRANZ, CMC City Clerk
ALR:ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad. California 92008-1989 - (619) 434-2808 CD