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Home My WebLink AboutCT 93-03; San Diego Gas & Electric; 1997-0606899; Joint Use AgreementI. ‘7 l DEC CC?!, 1997 9zc5t-3 AM RECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 ~~~~~ KFmDS SfM DIE@ f-RMl’ RECBRDER’S OFFICE GJB&?Y &FITHj C~$~CORDER : . 33 I llllll lllll III 111111 ll~jlljj lllll Ill11 Ill11 Ill1 Ill SPACE ABOVE FOR RECORDER’S USE APN: 215-020-21 THE UNDERSIGNED DECLARES CONSIDERATION IS LESS THAN $100 AND TRANSFER TAX IS NONE. JOINT USE AGREEMENT THIS AGREEMENT, dated TUC) c). 19 , \ 9 4 7, by and between SAN DIEGO GAS & ELECTRIC, a corporation (SDG&E), and THE CITY OF 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 Carlsbad, 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 December 30, 1957 as Document No. 175869, Book No. 5098, Page No. 278 and SDG&E document Recorded December 30, 1953 as Document No. 175868, Book No. 5098, Page No. 274, both of Official Records. B. CITY is now acquiring or has acquired, easements for public street purposes in, upon, over and across the real property described in Exhibit “A”, which is attached hereto and by this reference made a part hereof, and intends to construct, operate and maintain therein a public dedicated street the location of which is shown on Exhibit “B” attached hereto and made a part hereof. cptl3-3 &S~UR f&l 34 C. The street dedication referred hereto is shown on Carlsbad Tract No. 93-03 (Poinsettia Hill) City Drawing No. 354-9A, Precise Grading Plan sheets 1 of 19 and City Drawing No. 354-9, Improvement Plans sheets 2 & 5 of 21, copies of which is on file in the office of the City Engineer of the City of Carlsbad. D. CITY and SDG&E desire to provide for the joint use of the area common to both the SDG&E easement and right-of-way and the CITY’s dedicated street right-of- way for the construction, operation, and maintenance of both parties’ facilities in, over, under, and across the aforesaid common area. NOW, THEREFORE, fop vaIuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: In lieu of dedication, SDG&E hereby consents that a public street may be constructed and maintained over, upon and across that portion of SDG&E’s aforementioned easement and right- of-way lying within the limits of the proposed public street as shown on said Exhibit “B” hereinafter referred to as area subject to the following: (4 In the event that the future use or alteration of said 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. @I In the event that the future use of SDG&E’s easement or properties 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. (4 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 said area by either party which temporarily interfere with the use of the other party will be made only when reasonably necessary and will be promptly terminated as soon as the necessity therefore no longer exists. -2- (4 (4 m 35 SDG&E retains the right to review and approve of specific locations of all facilities within its easement to avoid conflict with existing and future SDG&E facilities. Such approvals shall be granted by SDG&E’s “Letter of Permission for Grading and Construction of Improvements” and approvals shall not be unreasonably withheld. If the CITY shall hereafter vacate, in whole or in part, the area which is occupied by SDG&E’s easement, the CITY shall, in the vacation proceedings, reserve to SDG&E all rights owned by SDG&E prior to the execution of this agreement. Except as expressly herein set forth, this agreement shall not in any way alter, modify, or terminate any of SDG&E’s rights in said area. 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 1T Executed by CITY this m” day of hb JQnQbc 1997 Real Estatwanagement ATTEST: By: ti &- ~?TF Aletha L. Rautenkranz, City Clerk APPROVED as to form and legality this -lgth day of November ,1997. ’ - By: &a(+$& Ronald R. Ball, City orney DRAWN BY: John J. Hemandez DATE: October 28, 1997 R/W NO.: 31563 A.P. NO.: 215-020-21 -3- 36 STATE OF California) COUNTY OF San Diego)ss. before me Linda F. Victoria, On $/k?&7’ Nota Public (name, title of offker), appeared John B. Burton, personally known to me X proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature &$I..II..g 652 EXHIBIT “A” LEGAL DESCRIPTION 37 BEING A PORTION OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 23, TOWNSHIP 12 SOUTH RANGE 4 WEST SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A STRIP OF LAND 50.00 FOOT WIDE LYING 20.00 FEET SOUTHEASTERLY AND 30.00 FEET NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; THENCE ALONG THE SOUTHERLY LINE THEREOF, NORTH 89”31’30” WEST, 188.00 FEET TO A POINT OF CUSP WITH A 300.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH OO”28’30” WEST; THENCE LEAVING SAID SOUTHERLY LINE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50”27’06” A DISTANCE OF 264.16 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF AN EXISTING 200.00 FOOT WIDE EASEMENT IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED JANUARY 15, 1954, DOCUMENT NO. 5949, IN BOOK 5112, PAGE 596 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02”57’15” A DISTANCE OF 15.47 FEET; THENCE NORTH 37’04’09” EAST, 100.98 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17”54’35” A DISTANCE OF 93.78 FEET TO A POINT ON THE PAGE 1 OF 2 :DA \\PCSERVERWIAPPINGLegals\i751\008 Poinsettia HiIIMOB.DOC WO 1751-8 11/6/97 . . ., , ’ 38 NORTHEASTERLY LINE OF SAID 200.00 FOOT WIDE SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT SAID POINT BEING THE POINT OF TERMINUS. THE SIDELINES OF SAID 50.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTHWESTERLY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT AND THE NORTHEASTERLY IN THE NORTHEASTERLY LINE OF SAID SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT. JOHN W. HILL, JR. L.S. 5669 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :DA \\PCSERVER\MAPPINGVegals\l751\008 Poinsettia HiIIV405.DOC WO 1751-8 11/6/97 - . a’ , w ($5 3 g-)Q~g3@ . (A” . ,, PAWGEL 2 PM Tit%% CASSIA ROAD PER CONDEMNATION RECORDED 4/12/96 DOCY 1996- 0181733 OF O.R. EXIST. 30’ CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT REC. 7,‘21/5B AS DOC. NO. 116502 OF O.R. NOTE: THEFjE ARE NO EXISTING BUILDINGS WITHIN THE PROPOSED QEDICATION INDICATES STREET DEDICATION CROSSING SDGOE EASEMENT HLJNSAKER & ASSOCIATES SAN DIEGO, INC. PLANNING - ENGINEERING - SURVEYING 10179 IiUENNEhZNS STREA’T - SAN DIEGO. CA 92121 (619) 556-4500 - FAX (619) 556-7414 DEDlCAllON PLAT - CITY OF CARLSE3AD ‘PLICANT : PREPARED By: PROJECT: A.P.N.: ISTERN PACIFIC HOUSING 385 CAMINO VIOA ROBLE CASSIA ROAD 215-020-21 IITE 5107 \RLSBAD. CA 92007 PR.3.4.295 ii91 929-1600 EXHIBIT ” B”