HomeMy WebLinkAboutCT 84-32; Greystone Homes Inc; 1997-0606877; Joint Use Agreement*I e
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RECORDING REQUESTED BY
Ckv of Carlsbad
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
1’1 8 4 llll~llllllllllllllllll~~~~~~~
SPACE AEOVE FOR REcYOIU)EI
APN: 212-040-30
THE: UNDERSIGNED DECLARES
CONSIDERATION IS LESS THAN
$100 AND TRANSFER TAX IS NONE.
JOINT USE AGREEMENT
THIS AGREEMENT. dated by and between SAN DIEGO
ELECTRIC, a corporation (SDG&E), and THE CITY OF CARLSBAD. a n
corporation (CITY). is made 1% ith reference to the following facts:
A. SDG&E is engaged in the business of transmitting and distributing
electricity within the City of Carlsbad, County of San Diego, State of C
and has facilities for such purposes located in, upon, over, under, and ac
certain easement and right-of-way granted to SDG&E per document 1
August 14. 1957 as Filepage No. 122214 and SDG&E document 1
April 15. 1954 as Filepage No. 49242, both of Official Records.
CITY is now acquiring or has acquired, easements for public street pur
upon, over and across the real property described in Exhibit “A”,
attached hereto and by this reference made a part hereof. and in
construct, operate and maintain therein a public dedicated street the lo
which is shown on Exhibit “B” attached hereto and made a part hereof.
B.
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C. The street dedication referred hereto is shown on Carlsbad Tract No.
(Cobblestone Sea Village Units 1 & 2) City Drawing No. 345-9, sheets ?
and sheet 5 of 3 1, copies of which is on file in the office of the City Engi
the City of Carlsbad.
CITY and SDG&E desire to provide for the joint use of the area common 1
the SDG&E easement and right-of-way and the CITY'S dedicated street ri
way for the construction, operation, and maintenaiice of both parties' facili
over, under, and across the aforesaid common area.
D.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledg
parties hereby agree as follows:
In lieu of dedication, SDG&E hereby consents that a public street may be construct
maintained over, upon and across that portion of SDG&E's aforementioned easement an(
of-way lying within the limits of the proposed public street as shown on said Exhil
hereinafter referred to as area subject to the following:
(a) In the event that the future use or alteration of said area by the CITY for st]
public improvements incidental thereto shall at any time or times necess
rearrangement, relocation or reconstruction of any of SDG&E's facilities
acquisition of additional property easements, or both, pursuant thereto, th
shall be performed by SDG&E, or by any other party with the con,
SDG&E, at the cost of the CITY.
In the event that the future use of SDG&E's easement or properties by S
shall Zt any time or times necessitate a rearrangement, relocati
reconstruction of the public improvements incidental thereto, the same s
performed at the cost of SDG&E.
All uses of said area by either party shall be such as will not permanently ii
the use or operation of the facilities therein of the other party; uses of said
either party which temporarily interfere with the use of the other party
made only when reasonably necessary and will be promptly terminated as
(b)
(c)
the necessity therefore no longer exists.
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1786 ., e 0
(d) SDG&E retains the right to review and approve of specific locations
facilities within its easement to avoid conflict with existing and future S
facilities. Such approvals shall be granted by SDG&E's "Letter of Permiss
Grading and Construction of Improvements" and approvals shall 1
unreasonably withheld.
If the CITY shall hereafter vacate, in whole or in part, the area which is oc
by SDG&E's easement, the CITY shall, in the vacation proceedings, res
SDG&E all rights owned by SDG&E prior to the execution of this agreeme
Except as expressly herein set forth, this agreement shall not in any wa
modify, or terminate any of SDG&E's rights in said area.
(e)
(f)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed I
authorized officers.
' .+- SAN DIEGO GAS & ELECTRIC CO., Executed by CITY this !'I day o
a California Corporation q t ;ik\\1) \2 c 1997
' -, . / r
John i3. B on, Supervisor
Real Est te anagement
ATTEST:
Ey: h& 8. a&
Aletha L. Rautenkranz, City C
By::
APPROVED as to form and legality
this I Z-L" day of
1 97 3. kl&& c I--., 9-
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-\ k-y By : - >\:~>t. L+4+- I-, I
Ronald R. Ball, Citu{po&ey
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1787
STATE OF California)
COUNTY OF San Diego)ss
before me Linda F. Victoria,
me, tit!e of offiser),
appeared John B. Burton,
___ Xaersonally hown to me
proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to 1
he executed the same in his authorized capacity(ies), and that by his signature on the inst
the person, or the entity upon behalf of which the person acted, executed the instrument.
e 0
EXHIBIT “A” 1318
LEGAL DESCRIPTION
(PAC WEST)
BEING THE REMAINDER PARCEL OF PARCEL MAP NO. 15661, IN THE CI-
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFF1
THE COUNTY RECORDER OF SAID COUNTY, MAY 5,1989.
3
PAGE 1 OF,$
DA M \LEGALS1 758\002A12 DOC
WO 1758-2 3/27/97
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176 EXHIBIT “A”
LEGAL DESCRIPTION
(LAUREL TREE)
PARCEL 1 OF PARCEL MAP 15661, IN THE CITY OF CARLSBAD, COUNTY OF SAN C
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER 01
COUNTY, MAY 5, 1989.
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PAGE 1 OF %
:DA M:\LEGALS\I 758\LTREE.DOC
WO 1758-2 3/27/97
.. 0
EXHIBIT “A” 1790
LEGAL DESCRIPTION
(KELLY)
BEING A PORTION OF PARCELS 1 AND 2 OF CERTIFICATE OF COMPLIANCE REC(
SEPTEMBER 27, 1985 AS FILE NO. 85-359768 OF OFFICIAL RECORDS OF SAN
COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFG
SDGGE EASEMI
1 j COBBLESTONE
791 CROSSING I
LAUREL TREE PRO
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PAC WEST PROPERTY
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EXHLBIT 8 SDGGE EAS I.
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CROSSING
AVIARA PARKWAY 1;
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JOINT USE
S \ KELLY PROPERTY
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