HomeMy WebLinkAbout1987-05-12; City Council; Resolution 90591
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RESOLUTION NO. 9059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
GRANTING SAN DIEGO GAS AND ELECTRIC COMPANY AN
UNDERGROUND ELECTRICAL EASEMENT
WHEREAS, electrical servcie is required for Calavera Hills
Community Park; and
WHEREAS, an underground electrical easement must be
granted to the San Diego Gas and Electric Company as a
condition to providing service; and
WHEREAS, San Diego Gas and Electric Company has provided
the City easement documents for execution;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the agreement between the City of Carlsbad and
the San Diego Gas and Electric Company, attached hereto, is
hereby approved.
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3. That the Mayor and City Clerk are authorized and
Carlsbad.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 12th day of May 9
1987 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
(SEAL)
*y Recording Request .f
SAN DIEGO GAS & ELECTRIC COMPANY )
When Recorded 1
1
)
) Mail to: SDG&E, P.O. Box 1831 )
San Diego, CA 92112
ATTN: Office Services, Room 611 )
SPACE ABOVE FOR RECORDER'S USE--------
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMPANY
Jt7 O@ 4 Ob&.
EASEMENT FOR UNDERGROUND ELECTRICAL
CITY OF CARLSBAD, a municipal corporation, hereinafter called "Grantor", for
valuable consideration, grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation,
hereinafter called "Grantee", an UNDERGROUND ELECTRICAL SYSTEM easement and right of
way upon and under Grantor's hereinafter described real property to excavate for,
place, lay, construct, operate, use, maintain, repair, replace, reconstruct and/or
remove underground facilities consisting of 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, equipment and material connected therewith for the
transmission and distribution of ELECTRICITY for all purposes for which it may be used,
together with the right of ingress thereto and egress therefrom over such other routes
as Grantor may specify, provided said routes are practical, across Grantor's land
situated in the County of San Diego, State of California, described as follows:
That portion of Lot "5" of Rancho Agua Hedionda, according to
Map thereof No. 823, filed in the office of the County Recorder of
said County of San Diego, described in a Deed recorded November
19, 1982 at Recorder's File/Page No. 82-357617 of Official
Records of said County of San Diego.
The easement in the aforesaid property shall be a strip of
land, including all of the area lying between the exterior
sidelines, which sidelines shall be three (3) feet, measured at
right angles, on each exterior side of each and every facility
installed, the approximate location being shown on Exhibit "A",
attached hereto and made a part hereof.
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.
-1- 81 -028 6-S
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.
Subject to the review and written approval of improvement plans by Grantee,
which approval shall not be unreasonably withheld, for the adequate protection of
Grantee's facilities in accordance with pertinent General Orders of the Public
Utilities Commission of the State of California, Grantor retains the right to
construct, reconstruct and maintain aboveground structures, including, but not limited
to, fences, 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.
Grantee, its successors, assigns, agents or contractors, shall be responsible
for any damage to Grantor's existing facilities occasioned by or arising from the
construction, operation or maintenance of Grantee's facilities within said Grantor's
property.
Grantee covenants for itself, its successors, assigns, agents or contractors,
that all work in connection with the installation of Grantee's facilities and
appurtenances shall be done in a workman-like manner and in accordance with standard
engineering practices.
Grantee agrees that in the event said facilities interfere with the use,
repair, or improvement of Grantor's property, Grantee shall relocate said facilities to
a reasonable location(s) designated by Grantor.
within 90 days after Grantee has received written notice from Grantor and after Grantor
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
locations(s).
Said relocation shall take place
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 manner 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 claims for loss, damage or expense
resulting in any manner from the negligent act or acts of the Grantee, its contractors,
officers, agents or employees.
Grantee shall at all times indemnify and save harmless Grantor against,
and pay in full, all loss, damage or expense that Grantor may sustain, incur or become
liable for, resulting in any manner 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 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 and roots within, along or adjacent to said easement whenever Grantee deems it
necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove
trees, brush and roots to prevent danger or hazard to property or persons.
-2- 81-0286-5
CF
.
CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, 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 CALLING 696-2000, or such number
as shall then be applicable, AND OBTAINING PERMISSION.
In the event said easement is no longer required for service or if said
easement is not used 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
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 to the benefit of any heirs, executors, administrators,
permittees, licensees, or agents of Grantor and the successors or assigns of Grantor or
Grantee.
IN WITNESS WHEREOF,
this 14th day of
Executed in the Presence of:
i
Drawn Ri chards
Checked
Sketch os 9991
Date 4/28/87
MOPAC 157 7 2-0 1
Const. No. 2176980
A.P. NO. 167-101-07
the Grantor City of Carlsbad executed this instrument
May , 19 87 .
i
i CITY OF CARLSBAD,
-3- 81 -028 6-S
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