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HomeMy WebLinkAbout1981-06-16; City Council; Resolution 6569L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 2% 22 24 25 26 27 28 RESOLUTION NO. 6569 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING EASEMENTS WITH THE SAN DIEGO GAS E ELECTRIC COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE THE EASEMENTS ON BEHALF OF THE CITY WHEREAS, the San Diego Gas & Electric Company (SDGEE) is supplying power and eFectrica1 service and facilities to operate the Encina Water Pollution Control Facility and the Community Swim Complex; and WHEREAS, SDGGE has requested under Public Utilities Commission regula- tions easements for their facilities and agreed to conditions and indemnifica- tion clauses as appropriate; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carls- bad as follows: 1. The above recitations are true and correct. 2. The Easements, attached hereto, marked as Exhibits A and B, and in- corporated herein by reference, are hereby approved, and the Mayor is author- ized and directed to execute said Easements on behalf of the City. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held the 16th day of , 1981, by the follow- ing vote, to wit: AYES : NOES : None Council Hers Packard, Anear, Casler, Lewis and Kdchin ABSENT: None RONALD C. PACKARD, MAYOR ATTEST : ( s EAL) *@ \\ it 'I- Recording Requestad ] L ' SAN DIEGO GAS & ELECTR Mail to: §DG&E, P. 0. Box 1831 San Diego, CA 92112 ATTN: Office Services, Room 611 SPACE ABOVE FOR RECORDER'S USE Transfer Tarr None SAN. DIEGO GAS SL ELECTRIC CONE" EASEPENT FOR COPIBPNEID UNDERGROW ELECTRICAL SYSTEM PLUS GAS CITY OF CARLSBAD, a municipal corporation, hereinafter called g'Grantorr', for valuable considerat$on, graEt(s) to §an Diego Gas st Electric Company, a corporation, hereinafter called Grantee , a COMBINED UNDERGROUND ELECTRICAL SYSTEM PLUS GAS easement and right of way upon and under Grantor's hereinafter described, real property to excavate for, place, lay, construct, operate, uses maintain, repair, replace, reconstruct, and/or remove underground facilities consisting of, but not limited to, conduits, manholes, handholes and junction boxes with wires and cables placed therein and aboveground structures consisting of pads, transformers, and other aboveground structures necessary for the operation of said underground facilities and equfpment and material connected therewith, all for the transmission and distribution of ELECTRICITY for all purposes for which it may be used; also for a line of pipe and all necessary and proper fixtures and equipment for use in connection therewith, for the transmission and distribution of GAS, for all purposes for which it may be used, at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient.or necessary at any time and from time to ttme, together with the right of ingress thereto and egress therefrom, over sucE;" other routes as Grantor may specify; provide said routes are practical, across Grantor s land situated in the County of §an Diego, State of California, described as follows: That portion of Tract 248 of Thum Lands, according to Hap thereof No* 1681, filed in the office of the County Recorder of said County of San Diego, described in a Deed recorded November 23, I977 at Recorder's FiTelPage No. 485336 of Official Records of said County of San Diego. The easemmt in the aforesaid property shall be a strip a€ land, the area of wkich shall be determined by lateral boundaries located a distance of three (3) feet, measured at right angles, from each exterior side of each facility installed, the approximate locat ion being shown on Exhibit ''Avf attached hereto. Except as hereinafter stated, Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure, plant any tree, dig or drill any well, within the limits of said easement, without the previous written consent of the Grantee. Grantor shall not increase or decrease the ground surface elevations within the boundaries of the said easement existing at the date of execution of this instrument, without the previous written consent of the Grantee. 8 1 - 029 14 -1- \ Subject to the review and written a2proval of improvement which ayproval shall not be unreasonably withheld, for the adequate Grantee s facilities in accordance with pertinent General Orders of Commission of the State of California, Grantor retains the right to reconstruct arrd maintain aboveground structures, including, but not sidewalks, curbs, gutters, and street surfaces or other surfaces that require excavation and grading between ground surface and a maximum depth of 18 inches within said easement. plans by Grantee, protection of the Public Utilities construct, limited to, Eences, Grantee, its successors, assigns, agents or contractors, shall be responsible ' for any damage to Grantor's existing facilities otcasioned by or arising from the , construction, operation or maintenance of Grantee s faciliti.es within said Grantor- s property e Grantee covenants for itself, its successors, assigrs, agents or contractors, that all work in connection with the installation of Grantee s facilities and appurtenances shall be done in a work-man-like manner and in accordance with standard engineering practices. repair, or improvement of ~ra~~tor's property, Grantee shall relocate said facilities to a reasonable location(s) designated by Grantor. 90 days after Grantee has received written notice from Grantor and after Grantar has fully reimbursed Grantee for such cost of relocation and after Grantor has furnished Grantee with easement(s) acceptable to Grantee, for facilities in such new Xocation(s), Grantee agrees that in the event said facilities interfere with the use, Said relocation shall take place within Grantor shall at all times indemnify and save harmless Grantee against, and pay in full, all loss, damage or expense that Grantee may sustain, incur or become liable for, resulting in any yanner from the construction, maintenance, use, state of repair or presence of Grantee s facilities and all necessary and proper fixtures and equipment for use in connection therewith, including any such loss, damage or expense arising out of (a) loss of or damage to property, and (b) injury to or death of persons, excepting any loss, damage or expense and clahs for loss, damage or expense resulting in any manner from the negligent act or acts of the Grantee, its constractors, officers, agents or employees. Grantee shall 2t all times indemnify and save harmless Grantor against, an& pay in full, all loss, damage or expense that Grantor may sustain, incnr or become liable for, resulting in any rpanner from the construction, maintenance, use, state of repair or presence of Grantee s facilities and all necessary and proper fixtures and equipment for use in connection therewith, including any such loss, damage or expense arising out of (a) loss of or damage to property, and Cb) injury to or death of persons, excepting any loss, damage or expense and claims for loss, damage or expense resulting in any manner from the negligent act or acts of the Grantor, its contractors, officers, agents or employees. Grantee shall have the right, but not the duty, to trim or remove trees, brush Said right shall not relieve Grantor of the duty as owner to trim or remove and roots within, along or adjacent to said easement whenever Grantee deems it necessary. trees, brush and roots to prevent danger or hazard to property or persons. GAS PIPE CARRIES VOLATILE MATERIALS; CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCT33S, therefore, Grantor shall not make or allow any excavation or fill to be made, within the boundaries of the above described easement WITHOUT FIRST NOTIFYING GRANTEE BY CALLIXG 232-4252 or such number as shall then be applicable, ANI OBTAIKING PERPfISSION ' In the event said easement is no longer required for service or if said easement is not wed by Grantee for a period of one year, whichever is sooner, all rights herein granted shall revert to Grantor, its successors or assigns, automatically and without the necessity of re-entry or notice and Grantee shall remove at its own -2 - 81-0291-S 0 0 expense all facilities installed by Grantee; provided, however, that Grantee may abandon all underground lines and structures in place. Grantee shall furnish Grantor on demand a good and sufficient Quitclaim Deed of all its rights, title and interest in the above described easement. The terms, covenants and conditions of this easement and right-of-way shall be binding upon and inure ta the benefit of any heirs, executors, administrators, permittees, licensees or agents of Grantor and the successors or assigns of Grantor or Grantee. IN WIJUM&§ WHEREOF the Grantor executed this instrument this F// i' --- l'lthday of , 19-. $3. EXECUTED IN THE PRESENCE OF: CITY OF CARLSBAD a Municipal Corporation Drawn: HiPdebran/Ciesielski Checked : Sketch: 05-7181 Date : 5-21-81 MOPAC : 87970-04,05 Const. #: 5810745 A.P. #: 205-140-26 -3- 81-0291-S e MUNICIPAL CORPORATION FOR4 1 STATE OF California COUNTY OF 1 68. Diego ON THIS 17th day of Jane , l9%, before me, the undersigned, a Notary Public in ad for said County and State, residln therein, duly conmissisned and sworn, personally appeared Rona B d C, Packard known to me to be the CltyKClerk of the aren Ri. 'Stevens , known to ne City of Carlsbad , the municipal corporation that executed the within Instrument, known to ne So be the persons who execute8 the within Instrument, on behalf of the municipal carporztion therein named, and acknowledged to me that such municlpal corpora- tion executed-the WITNESS I , ..