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HomeMy WebLinkAbout1982-01-19; City Council; Resolution 67691 2 3 4 5 6 7 e 9 1c 11 u c 0 Xf 1s 2c 21 22 2: 24 2E 2E 27 2E 0 0 6 769 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A JOINT USE AGREEMENT BETWEEN THE SAN DIEGO GAS & ELECTRIC COMPANY AND THE CITY OF CARLSBAD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That the Joint Use Agreement between the San Diego Gas & Electric Company and the City of Carlsbad, allowing joint use of property where high power SDG&E transmission lines cross the Tamarack Avenue Extension east of El Camino Real, a copy of which is attached hereto marked Exhibit A and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed 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 19th day of January , 1982 by the following vote, to wit: AYES: Council Menhers Packard, Casler, hear, Lewis and Kdchin NOES: None ABSENT: b?~! ATTEST : Ad (ATTEST) JOINT USE AGREEMENT THIS AGREEMENT, date &"'L/ d/ /78& , by and I 1 between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation ("SDG&E"), and THE CITY OF CARLSBAD ("CaFlsbad"), 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 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 as described in Exhibit A attached hereto and made a part hereof ("SDGStE's Easement"). B. Carlsbad has filed an action in eminent domain to acquire easements and rights-of-way (City of Carlsbad v. Virginia Robertson, et al., Case No. N-15348) and intends to construct, operate and maintain therein a public street and drainage and sewerage facilities and other public utilities and facilities ("Carlsbad Facilities") along the route shown on Exhibit B attached hereto and made a.part hereof ("Designated . Route"). C. SDG&E has been named as a defendant in the above- entitled lawsuit. D. Lake Calavera Hills Associates has paid,.on behalf of Carlsbad, substantial consideration to SDG&E to compensate SDG&E for costs incurred in raising certain high power lines located in SDGStE's Easement to accommodate construction of the Carlsbad Facilities; transmission the 810725 .. 0 E. It is in the mutual interests of Carlsbad resolve the eminent domain action by entering into il i and SDG&E to an agreement a I for the joint use of the property where the SDG&E Easement and the Designated Route intersects, this property is shown on Exhibit C, attached hereto and made a part hereof. NOW, THEREE,OREr it is mutually agreed: 1. That Carlsbad, its successors in interest and assigns, shall have the right and privilege to construct, operate and ' maintain Carlsbad's Facilities in, over, under and across, SDG&E ' S ingress 2. . eminent 3. Easement by Designated Route, together with the right of thereto and egress therefrom; Carlsbad shall dismiss SDGSlE as a defendant in the domain action mentioned above. If the use or alteration of the Designated Route for the acquisition Gf additional easements by S"UG&E, Carlsbad shall prolilptly give notice to SDGbE requesting such rearrangement, relocation or reconstruction, reimburse SDG&E for all costs and expenses incurred by SGG&E in such rearrangement, relwation or reconstruction. Carlsbad shall Gnly be responsible to reimbcrse SDG&E if the Carlsbad agrees to promptly However, rearrangementr relocation or reconstruction is required because of the existence or location of Carlsbad's Facilities, 4. .If the addition to, use or alteration of SDG&E's 2. facilities in the SDG&E Easement shall at any time necessitate a reconstruction, relocation or rearrangement of Carlsbad's facilities and/or the acquisition of additioilal rights-of-way or easemerits by Carlsbad, SDG&E shall prorLptly give notice to Carlsbad of such rearrangement, relocation or reconstruction. SDG&E agrees to promptly reimburse Carlsbad for all costs and expenses incurred by Carlsbad from such rearrangement, relocation or reconstruction or, at Carlsbad's option, to restore Carlsbad's facilities, 5. Neither SDGGE nor Carlsbad shall permanently interrupt the use or operation of the other's facilities and any temporary interference with the use or operation of the other's facilities shall be made only with prior written consent, except for emergency repairs made pursuant to Paragraph 10 below. 6. SDG&E shall be deemed the "party first in place" and its rights and interests shall be prior in time and superior in title to those of Carisbad. 7. Should SDGGE or Carlsbad desire to make additional surface and/or subsurface installations other than those existing on the date of this agreement or otherwise provided for herein, either party will obtain from the other party written approval of the plans and specifications for such proposed installation, including alignment and locations of all proposed work. forty-five days before commencement of any work. be addressed to San Diego Gas & Electric Company, Attention: Engineering Land Department, 101 Ash Street, San Diego, Such plans will be submitted in writing not less than Notices shall 3, California, 92101 and City of Carlsbad, City Engineer, 1200 Elm Avenue, Carlsbad, California, 92008. Each party reserves the right to reject any proposed plan which would substantially conflict with its use or be unduly burdensome. In determining are "unduly burdensome ,'I the party shall :,consider (1 ) the relative size and character of its installations already in place, (2) relative hardship, inconvenience, and expense to the party if plans are approved, (3) relative hardship, inconvenience and expense to the other party if plan are rejected, and (4) length of time and extent of any service interruption to SDG&E's customers. Neither party shall unreasonably withhold their consent. 8. This agreement shall be binding upon both parties, and their successors and assigns. 9. Neither party shall be obligated to acquire any easements or other interest in real property for the other party . 10. In the event of damage caused by an act of God, war, or other casualty, or damage caused under circumstances where it would be impractical or impossible to notify the other party of the necessity for temporary interference with the dther party's facilities, either party whose facilities are affected may, ' without notice to the other party, enter upon the joint easement area and make emergency repairs to restore service. restoring party shall, however, take reasonable and prudent The action to protect the installations of the other party and minimize the interference with the other party's facilities. 4. t . - ^. . ..~.. ... .. . ~. .. . . ,. . . . . . .. . .I The restoring party shall promptly not'ify the other party of the emergency repairs. If permanent repairs ?re required after the emergency repairs have been made, notice shall be given to the other party pursuant to Paragraph 7 above; consent for permanent repairs shall not be withheld without goad cause. 11. Nothing herein contained shall constitute a grant of easement by SDG&E to Carlsbad, Carlsbad shall obtain an easement for Carlsbad's facilities from the fee owner. APPROVED AS TO FORM: SAN DIEGO GAS & ELECTRIC COMPANY TimothyVW. Tower; Esq. ATTEST: CITY OF CARLSBAD City Clerk APPROV' FORM: J San ft,&3 c< 5 h I, 4 . . F *... I I .. : ' " I i i , *. i i .? , t 1 .' . i *. ' .'I . -. GRANT.OF RIGHT OF 'JAY C/ ,.X' J: \le, ELSIE PI. KELLY and VIRGIBIA ROBEXTSON, as Grantor, for and in . consideration of the sum of Ten Dollar3 and othcr valuable consideration paid by Snn Diesgo Gas & Electric ComFany; a corporation, as Grantee, receipt vih.rhcreof is hereby acknorcledged, do hereby grant to said Sa Diego Gas & Electric Cozpmy, a corporation, its sI;ccessors and assigns, aa easement of right of way 7j.03 feet in width iz, upon, over, under and across the lands herelnafter des-ribcd, to erect, coxabA*uct, reconstruct , replace, repair, maintain and use a line or independent lines of poles and/or steel. towers and vires acd/or cables smFended thereon and supported thereby, arid underground conduits, cables, vaults and marholes, for the transnission and distribution of electricity and for all other pwposes connected therewith, and for tcleplione, signal . 2nd c~~ication purposes, including guys, anchorage, crossarms, braces and all other appliences and fixtures for use in connection thererrith and also for pipelines for any and all purposes, together with their necessary fixtures and appurtenances, at snch locatiors and elevations, upont along, over and under the hereidrfter described right of my cs Gratee nay nov or hereafter deem conver-ient and necessary at any time aid from time to time, together uith the Eight of ingress thereto and egress therefrom, to and along said right of way by a practical ronte or routes in, upon, over and across the hereinafter described lands, together with the right to clear and keep clear said right of way from explosives, buildings, structures, objects and materials for protectitn from fire and othcr hazards. . i . ! The lznds in which s:dd easement of right of way is hereby granted -** are situzted in the Colmty of San Diqo, Stcte of California, and are particularly described as follow to-wit: id 'tI" of the Rancho All that portiop of Lots "E" ai Agm~us Hedionda, in the County of San Dit.go, State of California8 according to Partitior. Lp therecf KO. 023, filed in the office of the County Recorder of San Dif:go Cq*dnty, November 16, 1896, dmcribed as follows: the Northerly prolongntior. of that portion of the Easterly line BeCinnine at Corner No. 2 of srid Lot "I"; thcnce along - EXHIBIT- A "i 8 .. I. ! I ........ -.--.- "..'". ............... .I . .~ .- 1. , of s:.id Lot "1" between Cornoro No?. 1 arid 2 Of said lot, North 20 29' 40" Vest (Record North 30 West) 21.84 feet to an intersection \:ith the cezter line of County Road Survey lo. 682 RS th- Vame is descr5br.d in easement deed to the Count-. of San Diegc -dated Kay 27, 1936, and warded in bok 521, page 230 of Official Recurds of said San Diegc County, ' said point of intrrsection being the TRUE POINT OF BEGIhXING of the propsrty herein described? siiid TJIR POINT 03 BEGIXXIXG being also the Southeasterly corner of that parcel of land descrjbed in qcitclain; deed to Horace H. Kelly, recorded January 22, 1951, 2s Document No. 9613 in Book 3942, pge 34 of Official Records; thsnce along the Southerly line of said Xelly land as follows: along sLid center line of road North 670 10' West 897.21 feet, North 64O 35' West 701.35 feet to the beginning of a tangent curve corcave Southerly havinz a radius of 1000 feet and Horthwesterly alonz the arc of said curve 29.00 feet; thence leaving said center line North 74O 11' West, a chord distance of 262.47 feet to a point on thc arc of said curve; thence Westerly and Northwesterly along said center line of Xo:,d Survey NO. 682 tc the Northeasterly terminus of that course in the description of land described in Deed to Allan 0. Kelljr reccrded January 22, 1951, in Book 3942, yce 32 of Official Records of said San Dieso County designated therein as "Sauth 730 25' West 11w.44 feet"; thonc- along the boundary of said Kelly's land the foll oaing coursea md distances: South 730 25' Vest 1Le.44 fect, Eorth 87O 21' 45'l Vest (Record North 870 21' 45" East) 779.69 feet, North 110 54' 15" East 378.70 feet and North 730 05' 15" Vest 700.15 feet to a Doint in the Iiasterly line of lmd described in Deed to W. S. Kelly recorded September 5r 1942, in Book 1404, page 81 of Official Records of said Sar, Diyo County; thence a! ong the Vesterly line of said lat mdzioced Kelly's land Xorth 470 33' Vest (Record XJortE: 47O 31' 10" Vest) 707.02 feet to an angle point being ar- anzle pint; in the E2sterly boundary of Chrlsbnd Highlands, according tc Mq thereof No. 2647, filed in the office of the County Recorder of Sm Diezo County; thence along said Easterly boundary Nortii 90 51' East 6.83 feet to the Southeasterly corner of Lot 18 of said I.Iap 2647 being a point in the Southerly line of the lad described in Deed to John L. Wick et ux., recorded Ap-il 8, 1954, in Book 5198, ?age 549 of Official Records; thence alon: said Southerly lics South 870 39' 10" East 177.93 fcet to the Southeasterly cc.rner of said knd; thLnce Ncrth 20 20' 50" East 123.93 feet to the Northeasterly corner of said land; thence alon,s the Northerly line of said lend Jorth 870 39' 10" West 161.61 feet tc said Easterly boundary of !-Tag No. 2647; thence alon: said Easterly boundary North go 51' East 125.50 feet to the Southwesterly cornc:r of .the land described in Deed to Ibxard T. Oldhari et ux., recorded Septcmber 11, 1951, in Book 4228* p:ge 157 of Official Reccrds; thence South 87O 39' 10'' East 225 feet, mcre or lesr, to the Southeasterly correr of said land; thence North 90 38' 10" West 153.34 feet to the Northecsterly corner of said land; thenco along thc Northcrly line of said lond North 870 39' 10" West 175 feet to said Fhnterly boundcq of fila:, PTo. 2647; thmce alorg said Easterly boundaiy North 90 51' East 646.69 fwt to tho Socthaastcrly corncr of Lot 1A of said Map No. 2647; thence South 810 49' East alonz the Scutherly line of iiolly Brae Estates, according to 1-1s; thareof . . -2- cr I , .. , t i I i 4 a a- @ I i t .. I .I . . .I L 1" Xo. 5524, filed in the office of the Cotjnty Recorder of mid Couty aml the Easterly prolong2ti.m thereof to the cccter line of said Roed Survey No. 682, sho'rin '.s El Canino Real of ssid 1G-p No. 5524; t!lence Xorthrresterly along said center line to d point or1 the Northerly boundary line of said Lot "I", said point bein*; South SgO 32' 10" East 1358.67 feet (Record 1357.55 feet) from the Northwest corner of slid Lot "Itq, knoim 23 Corner No. 12 tliercof; thence South 89O 10" East along the North linc of saiit Lots "I" and "E" to the Southeast corner of L3t I'J" of xid Rnncho A@a Eedionda; thence Southerly in a straight linc to the TXUUS POIKC: OF BbGINNIiuG. EXCZPTIGG FXCivi the sbove describes prnperty that portion thereof included within that portior. of siid Lot "E" that lies SouLiierly of the center line of said Ro;d Survey No.'G82. ALSO: Beginning at the Sontheasterly corner of Lot "J", said Excepting from said Lot "E" that portion lying within the folloiring dewribed land: POIKT OF 3ZGIMXIWG being a point on the Northerly line of said Lot Wt; thence South 830 22' 33" East along the Kortkierly line of %id Lot ItEIL, a distance of 2342.24 feet; t!*ence leaving said hortlierly line of shid Lot South 14O 44' 02" Yest 153.68 feet; thence South 210 41' 42" lest 190.34 feet; thence South 130 46' 12" Vest 781.82 feet; therce North t)g0 22' 33" I'iest 3848.48 feet; thccce North 00 37' 27'' East 1093.81 feet to a point in the Northerly line of said Lot "El1; theme South 890 22' 33" East along said Northerly line of sai3 Lot "E", a di-tance of 1791.41 feet to the P01NT OF BEGIKXIMG . . The said easexent and right of way in the aforesaid lands is particularly described as follorrs: Y The Southxesterly and Westerly line of said right of way sliill be parallel with and 112.50 feet Southwesterly and Easte-rly liie of ssid right of way shall be parallel rrith and 37.50 feet Hortheasterljr and Easterly measured at right angles from the following described line: Agua Hedionda, said Corner No. 17 is also the point of intersectior. of the comon boundary line of Lots "Ft' and "H" with the Southerly boundary line of seid Lot "Itt; therxe the common boundary line of Cots "F" s9d "I", being the Northerly boundary line of the land described in Deed to San Diego Gas & Electric Coqany, a corporation, registered June 16, Registrar of' Land Titlcs for So 9 Dit do County, a distance of 1494.63 feet to a paint in said common boundary line, rrhicli said point is the TSUE POIRT OF BGCIXNINC of the right of way herein described; thexe from ssid TRUE POINT OF BEGIWBING, North 430 15' 44" East, a distance of 777.72 feet; thence Nozth 210 50' 01" West, a.distance of 2011.29 feet; thence North 030 71' 37" West, a distznce of 893.16 feet to a point Of intersection with a liiic th;t is pLrallel with 2r.d 75.dO , Westerly measured at right angles and the Northeasterly and Commencing at Corner No. 17 of Lot "1" in said RaEcho I .$ from ssid point of comenceaent South 87O 25' 01" East, alocg 1953, as Torrens Document,No. 30674, in the office of the I 1 I I -3- , ,' .. .. . . . . . . .. . . . .- . . . : . . . . . . . .. feet, Easterly, mensured at right angles, from the center line of that certain riciit of my granted tc Scn Diego G:m & Electric Company, a corporation, recorded April 22, . 1953, as Docunent No. 55470 in Book 4830 at pEge 216 of Officio1 Records of said County of Son Diego, C. lifornia; . thence frcm said point of, intersection North 1l0 51' 04" East, along ssid pzrallel line, a distance of 1756.42 feet to a point hereinafter knom and desiLmated as Point "Bl'; theme fmri snid Point "B" and lesving ssid parallel line, North 26O 05' 06" Vest, a distar,ce of 121.86 feet to a point of intersection irith the center line of that certain right of way granted to San Die63 Gas & Electric Coupmy, a corporarion, recorded June 1, 1953, as Docment No. 74512 in Book 4874 at page148 of Official Records of said County of San Diego, California; thcnce frcim last said point of intersecticn coctinuing North 260 OS' 06" Vest, along the center line of last s;id right of way, a distance of 5281.69 feet; thence continuing alcng the center line of last said right of way North 060 30t 36" Vest, a distancs of 7.27 feet to a polnt of intersectior, with the comon boundary line betireen Lot "J" and Lot 'lI" of said Rrncho Agua Hedionda, distant therecn 123.00 feet liesterly from Corner No. 11 of said Lot "I". ALSO: A right of way for the hereinbefore described purposes over and across that certain strip of land 20.00 feet in width, lying 10.09 feet, ueasured at right angles, on each side of the following described center line: Beginning at the above described Point "13"; thence North 820 51' 29" East, a distance of 90.00 feet. The side lincs ofthe hereinbefore described right of way, 75.00 feet in width, shall be lengthened and/or shortened so that said side lines shall be continuous and shall-terninate in the boundaries of the above described lands of the Grantor herein. EXCEPTING FRCM the hereinbefore described right Of way any portion thereof lying within the boundaries Of that certain right of way, 75.00 feet in width, granted to mid San Dit,go Gas & Electric Company, a corporation, recorded June 1, 1953, as Doccment No..74512 in Book 4874 at page 143 of s&id Official Records of said CoUnty of Sari Dii,go a Cn' i ?ornia. *- ALSO: Excepting from the above described right of way acy portion thcrccf not lying within thc above described lands of the Grtntor herein. -4- ' -i .- . .. :i i Grantor and their successo>s in estate shall not erect or CGIIS~~UC~, or ?erait to be erected or constructed, any building or other structure, slant my tree or trzes, or drill any ire11 or wells, vithin 0 the lilnits of ssid right I of way. I Grantee shall have the right to prect, maintain and use gates in all fences xhich nov cross or shall hereafter cross said route or routes, and to ! trio. and cut and clear may any trees and brush &enever in its judpent the same shall be necessary for the ccnvenient and safe exercise of thc rizhts hereby pznted, the risht to transfer and assign thLs easement in Whole Or in part 3. %zi-r here5y grvlted to the Grantee. The Grantor grants to the Grantee, its successors and assignsa the right to triIi: or top and to keep trimmed or topped, any and all trees on the lticds of the Grcntor adjacent to said rinht of way strip for a distance of . 20.00 feet from the exterior lines of the right of vag strip, to such heights 2s in the judgment of the Grantee, its successors or assissy shall be reaswably necessary for the proper construction, operation and maintenance of said I i ; I 1 .\ electric transnission line or linea, but at no _mint outside the right of way strip to a height of less than 30.00 feet. ! I- < ! I Grantor agrees that no other easement or easements shall be granted on, under or over said strip of land by Grantor, without the previous written I I consent of Grcntee. 1 Grsntor and their successors or assigns, shall not increase or , decrease, or cersit to be increased orpecreased, the existing groand elcvations of the above described right of way, existing at the time this document is I I I a, executed a without the previous writ$pn ccnsent of the Grantee. P IM WITWESS WiEFGOF, the Grantor executed these pzesents this -5- , . .. .. .-. .. .e* . *. . .. I * .. . Zrecuted in the Presence of: '3, ~. 111, ., '( "!7. ,') ( / WiP.. "BSS. STATE OF CALIFORNIA, County of San Dicgo. ON Tws 1.9th day of bhy . AD., 1966, before me, the undersigned, a Notary Public in and for said County and Stnte, residing therein, duly commissiorit9d and sworn, personally appeared , known to me to be the person whose name is subscribed to the within Instrument, as a Witness thereto, who being by me duly sworn, deposes and says. that he resides in Elsie M. Kelly and Virginia Robertson subscribed to the within nnd annexed Instrument, execute and deliver the same, and t-hey-acknowledged to said affiant thatth.esexecuted the same; and that scid affiant subscribed.his name thereto as a Witness. IN WITNESS WHEREOF. I have hereunto set my hand and afiired my otficial seal the day and year in this certifi- James Gi. Paigc San Diego, Califorria and that he was present and saw known to him tu DE the same persun~u~h~s~~ nc~r~ze s are I 11 i i f f; cate first above written. ACKNOWLEDGMENT WITNESS FORM .. .. . .. . . _- .. ... , ," :/r (7 $, ,./>> . , Notary Pubiic in and ior said County and State rm=w A WILK~NS 1Y Cmmissffin Expires Oct. 19. 1%7 JUN 16 9:03 At,; '36 SERIES 7 EOCI( 19E6 OFFICIAL RECURLS SAN DIEGO COURTY. CALIF. A. S. GRAY, RECORDLR -v- .. 6.. I -* . .. .. *. .'- c ..