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Home My WebLink AboutSDP 97-24; San Diego Gas & Electric Company; 1999-0653668; Joint Use Agreementc .. .1 DOC -+ 1999-0653668 iecording Requested by Zity of Carlsbad When recorded, mail to: Zity Clerk 3ity of Carlsbad 1200 Carlsbad Village Drive Zarlsbad, California 92008 7256 SEP 24. 1999 2-40 PM FEE& 22.00 A. E. C. 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. The right-of-way dedication referred hereto is shown on City Drawing No. PR 3.4.356, copies of which are on file with the office of the City Engineer of the City of Carlsbad. Masters/Forms/SDGSE Joint Use Agreement 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, for valuable consideration, receipt of which is hereby acknowledged, the parties 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. 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. MasteniFoms/SDG&E Joint Use Agreement 2 11/04/97 7258 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. .erk MasteniFoms/SOG&E Joint Use Agreement 3 11104197 7259 STATE OF California) COUNTYOF wss- On /2-/7 - 7,~ before me Linda F. victoria, Notw Public (name, title of officer), appeared John B. Burton wersonally known to me to be the person(s) whose name(s) 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatur .I EXHIBIT "A" 7 260 LEGAL DESCRIPTION BEING A PORTION OF LOT 'H' OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, NO. 823 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: NORTE, AS SHOWN ON RECORD OF SURVEY NO. 12965, RECORDS OF SAID BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF PASEO DEL COUNTY, WITH THE EASTERLY PROLONGATION OF THE SOUTHERLY RIGHT OF AND 63.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, OF THE 'NEW WAY LINE OF PALOMAR AIRPORT ROAD, SAID LINE BEING PARALLEL WITH CENTERLINE' AS SHOWN ON SAID RECORD OF SURVEY; THENCE, PROCEEDING ALONG SAID PROLONGATION, NORTH 87" 48' 49" WEST, 62.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID RIGHT OF WAY LINE, NORTH 87' 48' 49" WEST, 340.55 FEET TO THE CUSP OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 230.00 FEET; THENCE, SOUTHEASTERLY 45.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11' 21' 09" TO A POINT OF REVERSE CURVATURE WITH A RADIAL LINE TO SAID POINT OF REVERSE CURVATURE BEARS NORTH 13' 32' CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 230.00 FEET, A OF 11' 21' 09" TO ITS POINT OF TANGENCY WITH A LINE THAT IS 20" EAST; THENCE, SOUTHEASTERLY 45.57 FEET THROUGH A CENTRAL ANGLE OF SAID CENTERLINE OF PALOMAR AIRPORT ROAD; THENCE, ALONG SAID PARALLEL WITH AND 72.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, PARALLEL LINE, SOUTH 87' 48' 49" EAST, 245.00 FEET, TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 25.00 FEET; THENCE, SOUTHEASTERLY 39.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89' 59' 29" TO ITS POINT OF TANGENCY WITH THE WESTERLY RIGHT OF WAY LINE OF SAID PASEO DEL NORTE, SAID LINE BEING PARALLEL WITH AND 42.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, OF THE CENTERLINE OF SAID PASEO DEL NORTE; THENCE ALONG SAID WESTERLY LINE, NORTH 02' 10' 40" EAST, 14.00 FFET TO A TANGENT THENCE, NORTHWESTERLY 31.41 FEET ALONG SAID CURVE THROUGH A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 20.00 FEET; CENTRAL ANGLE OF 89' 59' 29" TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF APPROXIMATELY 2,886 SQUARE FEET PROJECT No.: SDP-24 DWW PF3.4.356 BASIS OF BEARINGS THE BEARING NORTH 87'48'49" WEST FOR THE CENTERLINE OF PALOMAR AIRPORT ROAD AS SHOWN ON RECORD OF SURVEY No. 13123, RECORDED AS FILE No. 91-152365, RECORDS OF SAN DlEGO COUNTY, CALIFORNIA, WAS USED AS THE BASIS OF BEARINGS FOR THIS PROJECT, LEGEND INDICATES RIGHT-OF-WAY DEDICATION 0.06 ACRES INDICATES RIGHT-OF-WAY DEDICATION PER DOC# 1992-0236813 D.R. 8' WIDE SDG&E EASEMENT DOC# 172695 D.R. PROPERTY OWNER * RAY WINTER & BARBARA ECKE WINTER CO-TRUSTEES OF THE RAY & BARBARA WINTER TRUS FULLERTON, CA 92831 1745 ROCKY ROAD (71 4) 526-3035 GRAF'EIIC SCALE JOSEPH C. TRUXAW AND ASSOCIATES, INC. * OWNER OF THE AREA SHOWN. Civil K&mm & Lond Swvqms 721 N. EUCUD STREET. SUITE 311 PHONE: (714) 535-0135 ANAHEIM, CA 92801 FAX (714) 535-8368 (WFESr) 1 inch = 80 tL PROJECT NAME: EXHIBIT PROJECT No. ISLANDS RESTAURANT B. SDP97-24 DWG# PR3.4.356