Loading...
HomeMy WebLinkAbout1976-07-06; City Council; Resolution 3948r 1 2 3 4 5 6 7 a 9 10 11 12 12 14 15 1E 17 1E 15 2c 21 22 22 24 2t 26 2'; 2E RESOLUTION NO. 3948 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND SAN DIEGO GAS AND ELECTRIC COMPANY FOR THE JOINT USE OF EXISTING UTILITY EASEMENT REQUIRED FOR A SEWER FACILITY KNOWN AS "RANCHO LA COSTA SEWER". THE CITY COUNCIL of the City of Carlsbad, California, does hereby *esolve as follows: 1. That certain agreement between the City of Carlsbad and San Diego Gas tnd Electric Company for the joint use of existing utility easement for proposed ;ewer facility known as "Rancho La Costa Sewer", a copy of which is attached iereto marked Exhibit B and incorporated herein by reference, is hereby ipproved. 2. That the Mayor of the City of Carlsbad is hereby authorized and lirected to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 6th day of Jul v Y 1976, by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES: None ABSENT: None Councilwoman Casler ROBERT PaA-- C. FRAZEE, Mayor 0 9TTEST: 0- JOINT USE AGREEMENT THIS AGREEMENT, made this 6th day 02 July , 1976 -, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation hereinafter designated as "Company", and the City of Carlsbad, a municipal corporation, hereinafter designated as "City". WITNESSETH: WHEREAS, City desires to acquire and is now acquiring easements and rights of way for, and intends to construct, operate, and maintain therein, a sewer line and ap.purtenances thereto, said sewer line and appurtenances being hereinafter designated as "City's facilities"; and WHEREAS, Company is engaged in the business of transmitting and distributing gas and electricity within the County of San Diego, State of California, including the property herein described and has facilities for such purposes located in, upon, over, under and across that certain easement and right of way granted to Company and recorded April 16, 1957 in Book 6539, Page 141 of Official Records of said County of San Diego, which said easement and right of way is hereinafter designated as "Company's .I , ,' 0 WHEREAS, City is desirous of obtaining Combany ' s consent for the construction, operation and maintenance of said City's facilities in, along, over, across, and under, but not longitudinally within, Company's facZ1ities along a the routes particularly described as follows: That certain strip of land 20.00 feet in width within Lot 2 in Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey approved May 3, 1883, the center line of said strip being more particularly described as follows: Commencing at the Northeast corner of said Lot 2; .thence along the Northerly line of said Lot 2 North 88O 46' 54" West, 658.53 feet to a point on a line that is parallel with and 50.00 feet Northeasterly of the Southwesterly line of the above described easement to San Diego Gas & Electric Conpany; thence along said parzllel lix South 24" 26' 54" East, 448.94 feet to the TRUE POINT OF BEGINNING; thence South 77" 20' 00" East, 186.44 feet. ALSO: Beginning at said TRUE POINT OF BEGINNING; thence North 77" 20' 00" West, 14.56 feet; thence South 87' 20' 00" West, 350.00 feet. ~ EXCEPTING therefrom any portion thereof not lying within said easement to San Diego Gas & Electric Company. NOW, THEREFORE, it is agreed: 1. Company hereby grants to City, or in any other or altered form it may assume, the right and privilege to construct, operate and maintain City's facilities in, along, across, over and under, but not longitudinally within, Company's facilities, together with the right of ingress to and egress from said City's facilities. 2. In the event that the future use or alteration of said area by City for City's facilities shall at any time -2- or times necessitate a rearrangement, relocatio; or reconstruction of any of Company's facilities and/or the acquisition of additional easements or properties pursuant thereto, the same shall be performed by Company, or by any other party with the consent of Company, at the cost of City. 3. In the event that the future use of said easement or properties by Company shall at any time or times nec- essitate a rearrangement, relocation or reconstruction of said City's facilities, the same shall be performed at the cost of Company. 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 areas by either party which temporarily interfere with the use or operation of the facilities therein of the other party will be made only when reasonably necessary under said easement and will be promptly teGrninated as soon as the necessity therefore no longer exists. Company shall be deemed the "party first in place" and 5. its rights and interests shall be prior to those of the City therein; and this agreement, except as expressly herein set forth, shall not in any way alter, modify or terminate any of Company's prior rights in said area. -3- 6. In the event City proposes future surface and/or sub- surface installations, provided for herein, City will furnish to Company full and complete plans and speci- fications for such proposed installation, giving the alignment of same and the locat'ions of all underground work. less than twenty (20) days before any surface and/or subsurface work shall be commenced, of its intention to perform said work, and the places where said work is to be done. Notice provided for herein shall be addressed to San Diego Gas & Electric Company, Engineering Land Department, 101 Ash Street, San Diego, California, 92101, until the party resident at such address shall in writing notify the City of any 'change of such address or person or agency to receive such notice; provided, however, that Company as the party first in place reserves the right to reject said proposed plan whenever it substantially conflicts with the uses of said area made by, and will be unduly burdensome on, Company. For purposes of this paragraph, consideration shall be given City will Cive notice in writing to Company not to the relative size and character of the installation in place, and to the relative hardship, inconvenience, expense and length of time of interruption of service necessitated by said proposed alteration, in determining where a "substantial conflict" exists and what shall be deemed "unduly burdensome". -4- 7. City shall at all times indemnify and save harmless Company against and pay in full any and all loss, damage or expense that Company may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair or presence of City's facilities installed hereunder and all necessary and proper fixtures and equipment for use in connection therewith, including any such loss, damage or expense arising out of-the (a) loss of or damage to property, and (b) 'injury to or death of persons, including the defense of any action arising therefrom, excepting any loss, damage or expense and claims for loss, damage or expense resulting in any I"er from the negligent act or acts of the Company, . its contractors, officers, agents or employees. 8. City shall also'indemnify and save harmless Company from any and all claims for any injury or death, brought by or on behalf of any person not covered by the preceding paragraph, and any and all claims for damage to, or loss, of property; said indemnification --- to be made whenever the claim or claims arising from the indemnifying party's negligent acts, omissions, or failures to comply with safety rules, company rules, laws or ordinances of the respective parties, or of either of them, or of any governmental agency, or failure to comply with laws or ordinances or by its -5- failure to comply with laws or ordinances or by -5- its neglect to perform any of the covenants containe'd in this agreement. Should any such claim or claims referred to in this paragraph arise from the joint or concurrent negligent acts, omissions, or failures to comply with safety rules or company rules, laws or ordinances of the respective parties, or of either of them, or of any governmental agehcy, of both parties to this agreement, or their agents, employees, or servants; or the negli- gence or wrongdoing of ,some third party for which neither of the parties is responsible,, or is so obscure that it cannot be legally ascertained by whose negligence or wrongdoing such loss, damge, or liability was caused, then in every such instance each party shall bear all loss and damage which shall have been suffered in respect to its own property, and shall jointly share a11 liabilities which they shall jointly incur for the said claims. However, should one party be held liable on any claim or claims arising under this paragraph because of its failure to discover and remedy a defect caused by the other party's negligent act or omission, the party originally at fault in allowing the condition to occur shall indemnify and hold harmless the other party. 9. The terms of this agreement shall be binding upon Company, its SUCC~SSOPS and assigns, and City, or -6- , in any other or altered form it may assume. Company shall not be obligated by any provision hereof 10. in any way to acquire any easement right of interest in any real property for the City. * IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their proper officers there- Unto duly authorized the day and year first above written. ATTEST : Secretary -7- SAN DIEGO GAS & ELECTRIC COMPANY, a corporation BY Senior Vice President - City of Carlsbad, a municipal corporation BY rk . SAN DIEGO GAS & ELECTRIC COMPANY FORM STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. ON THIS day of J 19-9 before State, residing therein, &rly commissioned and sworn, personally ap pe a re d , known to me to be the President and the & ELECTRIC COMPANY, the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its By-Laws or a Resolution of its Board of Directors. me, the undersigned, a Notary Public in and for said County and , known to me to be Secretary of SAH DIEGO GAS WITNESS my hand and official seal. Notary Public in and for said County and State .. ,# ,/ . ,. . MUNICIPAL CORPORATION FORM 1 STATE OF COUNTY OF ISS* ON THIS day of ¶ 19-9 before me, the undersigned, a Notary Public in and for said County aqd State, residing therein, duly commissioned and sworn, personally appeared , known to me to be the Mayor, and to be the City Clerk of the , known to me , the municipal corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corpora- tion executed the same. WITNESS my hand and official seal. Notary Public in and for said County and State t 1' f -LOCATION MAP I- -- t