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HomeMy WebLinkAbout1980-02-05; City Council; Resolution 6074_. - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 @ RESOLUTION NO. 6074 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE QUITCLAIM OF A 12 'WATER EASEMENT MAYOR TO EXECUTE A CORPORATION QUITCLAIM DEED OF EASEMENT ON LOT 47 OF CARLSBAD TRACT CT73-36 AND AUTHORIZING THE WHEREAS, there is a need for the relocation of certain SDG&E facilities to accommodate construction at the Encina Sewage Treatment Plant; and WHEREAS, SDG&E has requested the City to grant a twelve-foot (12') easement across the Encina property; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carl sbad as foll ows : 1. That the above recitations are true and correct 2. That the Council determines the granting of the easement to be in the public interest. 3. That the Mayor is hereby authorized to execute a grant of easement of said twelve-foot (12') easement on behalf of the City. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on themday of February , 1980 by the following vote, to wit: AYES: NOES: None Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler ABSENT: None ATTEST: (SEAL) ---- I SPACE I ABOVE FOR RECORgER'S USE- RIGHT OF WAY I hereinafter ---9 called "Grantor", for valuable consideration grant(s) to San Iliega Gas & Electric Company, a corporation, hereinafter called "Grantee", an easement znd right of way upon, over, under and across the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and me, a line of poles with wires suspended thereon and all necessary and proper guys, anchorage, Crossai-ITS, braces and other fixtures for use in connection tfiarewith, for the transmission and distribution of ELECTRICITY for all purposes for which Lt my be used, at such locations and elevations upon, along arid over the hereinafter described easement and right of way as Grantee may now or hereafter deem convenient and necessary at any time and from tine to time, together wieh the right of ingress thereto and egress therefrom, to and along said line, over . , and across Grantor's land situated in the County of - State of California, and mare particularly described as foilows: 0. T?ns saib easement and rig?-& G$ way in the afore- said Ian43 shall. be 12.03 feet in ttic?t%, being 6.30 feet measure4 at right angles on each side of e'ne following described center line: Grantor grants to Grantee the right to erect and maintain on the above described lands of the Grantor adjacent to said easement and right of way such anchorage as may be cecessary at any time and from time to time to properly guy said line of poles. Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure; plant any tree; drill or dig any well, within the limits of said easement and right of way. Grantee shall have the right, but not the duty, to trim or remove trees and brush along or adjacent to said easernent and right of way whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. The terms, covensnts and conditions of this easement and right of way shall be binding upon and inure to the benefit of any heirs, executors, administra- tors, permittees, licensees, agents or assigns of Grantor and the successors and assigns o'f Grantee. IN WITNESS IJfiEREOP, the Grantor executed this instrument this day of ' .19--* Executed in the Presence of: ' Witness Dehesa DRP-T'T? ........ ..... CHECKED . .dab+ SKETCH NO:. .?.. ..... DATE L2/10/79 83 934-0 1 MOPXC NO............ 211-030-86 5744350 $-3C34 ................ R c. .I ‘ ;. .? .. 0 MUNICIPAL CORPORATION FORM ON THIS 7ty d2.y of February , 19-82, before me, the undersigned, a Notary Public in and for said County ar.d State, xslding tfiereln, dilly commissioned and sworn, personally appeared Ronald - C. Packard , known to me to be the Mayor, and Aletha L. Rautenkranz , known to me .to be the City Cleric of the - California , 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 thereln named, and acknowledged to m.e that such municipal corpora- tion executed the same City of Carlsbad,