HomeMy WebLinkAbout1986-04-01; City Council; Resolution 84671
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- RESOLUTION NO. 8467
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, GRANTING
AN EASEMENT TO SAN DIEGO GAS & ELECTRIC.
WHEREAS, San Diego Gas & Electric has requested an
easement from the City of Carlsbad for underground pipeline
purposes; and
WHEREAS, the City Council of the City of Carlsbad has
determined it to be in the public interest to grant and execute
said easement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Grant Deed conveying an easement for
underground pipeline purposes to San Diego Gas & Electric from
the City of Carlsbad, attached hereto and incorporated herein
by reference, is approved and that the Mayor is authorized to
execute said Grant Deed.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the Carlsbad City Council held on the - lstday of April Y
1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
MARY H. QASLER, Mayor ATTEST:
(SEAL)
Recording Requested by
SAN DIEGO GAS & ELECTRIC COMPANY
When Recorded
Mail to: SDG&E, P. 0. Box 1831
ATTN: Office Services, Room 611
San Diego, CA 92112
SPACE ABOVE FOR RECORDER'S USE
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMPANY
EASEMENT
THE CITY OF CARLSBAD, a municipal corporation, as Grantor, for valuable
cmsideration, receipt of which is hereby acknowledged grant(s) to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, as Grantee, an easement and right of way 20 feet in
i.. width, in, uppn, over,. under and ac-ross the-lands hereinafter descri-bed, to.excavate' .
.for, lay, construct, operate, repair, replace, change the size of, maintain, patrol and
use, a line or lines of pipe for any and all purposes together with all the fixtures,
equipment and appurtenances necessary or convenient for the operation and maintenance
thereof, at such locations and elevations, in, upon, under and along the hereinafter
described easement and right of way as Grantee may now or hereafter deem necessary or
convenient from time to time, together with the right of ingress thereto and egress
therefrom by a practical route or routes in, upon, over and across the hereinafter
described lands, together with the right to clear and keep clear said easement and right
of way, from explosives, buildings, structures and flammable materials.
The lands in which said easement and right of way is hereby granted are
situated in the City of Carlsbad, County of San Diego, State of California, and are
particularly described as follows, to-wit:
A parcel of land being a portion of Lot F and a portion of Lot G of
Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 823 on file in the Office of the
County Recorder of San Diego County, described as follows:
Beginning at Point 9 of said Lot F; thence North Oo 29' 11" West
along the Westerly boundary of said Lot F, 167.78 feet to a point on the arc
of a nontangent 58.00 foot radius curve concave Westerly, a radial line to
said point bears South 55O 03' 22" East; thence Northerly along the arc of said curve through a central angle of 70° 51' 37", a distance of 71.73 feet to said Westerly boundary; thence North Oo 29' 11" West, 2092.42 feet to Point 8
of said Lot F; thence North 6O 47' 51" East, 1219.60 feet to a point on the
Northerly line of said Lot F, distant South 87O 23' 24" East, 2025.08 feet
the Northwest corner of the land described in Deed to Howard G. Kirgis, et ux., recorded September 24, 1957 in Book 6761, page 197 of Official Records;
- from Point 6 of said Lot F; thence South 87O 23' 24" East, 2417.19 feet to _-
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thence South O2O 36' 36" West, 740.00 feet to the Southwest corner of said
Kirgis property; thence South 87O 23' 24" East, 1378.84 feet to the Southeast
corner of said Kirgis property; thence South loo 58' 35" East, 1394.10 feet to
Point 14 of said Lot F; being the most Northerly corner of land described in
Deed to S.L. Kelly, recorded February 3, 1961, Recorder's FilejPage No. 20293
of Official Records; thence along the Northeasterly line of said Kelly's land
South 51O 01' 58" East, 1042.27 feet; thence South 38O 58' 02" West, 288.57
feet; thence North 51O 01' 58" West, 152.00 feet; thence South 38O 58' 02"
West, 152.00 feet; thence North 51O 01' 58" West, 1089.27 feet to a point on
the lot line between Point 13 and Point 14 of'said Lot F; thence South 63O
14' 04" West along said lot line 564.30 feet to said Point 13; thence South
40° 42' 08" West, 1584.44 feet to Point 12 of said Lot F; thence North 89O
46' 41" West, 646.96 feet to Point 11 of said Lot F; thence North 59* 47' 49"
West, 1175.97 feet to Point 10 of said Lot F; thence South 70° 54' 27" West,
546.55 feet to the Point of Beginning.
The said easement in the aforesaid lands shall be 20.00 feet in
width, the center line of which is described as follows:
Beginning at a point on said lot line between Point 13 and Point 14 of said Lot F; distant therecn South 63O 14' 04" West, 494.26 feet from a
2 inch capped pipe marking said Point 14 of Lot F, as shown and delineated on . , . .. Becord .of. Survey :Map .No. 793$, . filed Npvember., 29,. ,1974. as, Fil.e..Ho.. 7.6-313938 .. in the' office 02 the. County Recor,der of said San Diego County; 'thence leaving
said line North 51O 01' 49" West, 131.63 feet; thence South 63O 14' '04" West,
526.08 feet; thence South 80° 51' 05" West, 157.51 feet to a point in the,
center line of that certain easement and right of way conveyed to San Diego
Gas 6 Electric Company by document recorded May 15, 1961 at Recorder's File/
Page No. 82981 of Official Records of said County.
.. - . . . . *. .
. ..
ALSO: Beginning at said POINT OF BEGINNING; thence South 5l0 Of' 49" East, 10.97 feet to a point in the center line of that certain easement
and right of way conveyed to San Diego Gas & Electric Company by document I
recorded June 21, 1961 at Recorder's File/Page No. 105809 of said Official
Records.
Grantor, without limitation, shall not erect, place or construct, nor permit
to be erected, placed or constructed, any building or other structure, impound or store
water or other fluid substances, nor drill or dig any well on said easement and right of
way.
Grantor shall not increase the ground surface elevations more than 10.00 feet
over top of pipe, nor allow the ground surface elevations to be decreased within the
boundaries of this easement and right-of-way, nor plant any tree, nor shall the ground
be penetrated in any manner to a depth in excess of 18 inches without prior written
,consent of Grantee, said consent not to be unreasonably withheld.
,Grantor shall not grant or dedicate any easement or easements on, under or
over this easement and right of way without written consent of Grantee.
transfer and assign this easement and right of way in whole or in part being hereby
The right to
granted to Grantee. __ -
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Grantee shall have the right to erect, maintain and use gates in all fences which now cross or which may hereafter cross said easement and right of way, or said
practical route or routes of ingress and egress thereto and therefrom.
Grantee shall have the right to trim, cut and/or remove trees, foliage and roots upon and from within this easement and right of way.
.
Grantor also grants to Grantee the right during construction of Grantee's
initial pipeline, to use for purposes incidental to said construction, a strip of land
40 feet in width adjacent and contiguous to the within granted easement and right of
way, said strip to be in whole or in part on either side of the same, said right to use said strip of land ceasing and being terminated at such time as said initial
construction is completed.
The terms, covenants and conditions of this easement and right of way shall be
binding upon and inure to the benefit of any heirs, successors, executors, administrators, permittees, licensees, agents or assigns of Grantor and the successors
and assigns of Grantee.
IN WITNESS WHEREOF, Grantor executed these presents this 2nd , 19 86. - day of April
Executed in the Presence of: - .. . . .. . ._:_.:: '.. ...... .. " .. .. .... > 2.
Witness
THE CITY OF CARLSBAD, a
municipal corporation
' STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
1 ss.
On #. /f& , before me the undersigned, a Notary
Public and for'said State, personally appeared Mary H. Casler, known
to me to be the Mayor of the City of Carlsbad, a Municipal Corporation
of the State of California, known to me to be the person who executed
the within instrument on behalf of said Nunicipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same.
I, 4
WITNESS my hand and official seal.
.............................. * OFFICIAL SEAL * *
KAREN R. KUNDTZ * NOTARY PUBLIC-CALIFO~NIA t *
* SAN OiEGO COUNTY * MY Co". Eap Sed. 27. 1989
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NOTAW PU@C
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Grantee shall have the right to erect, maintain and use gates in all fences which now cross or which may hereafter cross said easement and right of way, or said
practical route or routes of ingress and egress thereto and therefrom.
Grantee shall have the right to trim, cut and/or remove trees, foliage and roots upon and from within this easement and right of way.
Grantor also grants to Grantee the right during construction of Grantee’s initial pipeline, to use for purposes incidental to said construction, a strip of land
40 feet in width adjacent and contiguous to the within granted easement and right of
way, said strip to be in whole or in part on either side of the same, said right to use
said strip of land ceasing and being terminated at such time as said initial
construction is completed.
The terms, covenants and conditions of this easement and right of way shall be binding upon and inure to the benefit of any heirs, successors, executors,
administrators, permittees, licensees, agents or assigns of Grantor and the successors
and assigns of Grantee.
IN WITNESS WHEREOF, Grantor executed these presents this 2nd , 19 86. - day of April
..... , ...... *. ....... .............. .. ..... Executed in the Presence of:
.. ......... -.- ........ ,. ..... .. ..
2- Witness
THE CITY OF CARLSBAD, a
municipal corporation
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO
1 ss.
On 74 /f& , before me the undersigned, a Notary
Public % and for’said State, personally appeared Mary H. Casler, known
to me to be the Mayor of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed
the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed
the same.
WITNESS my hand and official seal.
** ............................... OFFICIAL SEAL 2 h KAREN R. KUNDTZ
’ MY Cmm. ~rp. sept. 27. 1989 ~**+**S*****+**********+*******