HomeMy WebLinkAbout2002-01-15; City Council; Resolution 2002-0231
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RESOLUTION NO. 2002-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
SDG&E FOR THE RELOCATION OF GAS AND ELECTRIC
FACILITIES AND APPROVING THE GRANT OF EASEMENT TO
SDG&E TO ACCOMMODATE CONSTRUCTION OF THE PUBLIC
WORKS CENTER, PROJECT 3572.
WHEREAS, the City Council of the City of Carlsbad, California has determined the need
or the relocation of San Diego Gas & Electric (SDG&E) gas and electric facilities (Facilities) in
Irion Way to accommodate construction of the new Public Works Center ; and
WHEREAS, it is appropriate for the City to grant an easement to SDG&E for their
,elocated Facilities; and
WHEREAS, a mutually satisfactory agreement for the relocation of the Facilities has been
legotiated with SDG&E, a copy of which is attached hereto; and
WHEREAS, it has been determined that the agreement is in the best interest of the City.
WHEREAS, there are sufficient funds available in the project account to pay for the
,elocation of SDG&E’s gas and electric facilities;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
:alifornia, as follows:
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That the above recitations are true and correct.
That the Agreement with SDG&E for the relocation of their Facilities in Orion Way
and Orion Street to accommodate construction of the Public Works Center,
Project No. 3572, is hereby approved.
That the Grant of Easement to SDG&E, a copy of which is attached as Exhibit 4
and made apart hereof, is hereby approved.
That the City Manager is hereby authorized and directed to execute the
Agreement and Grant of Easement for the relocation of SDG&E facilities.
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5. That the City Clerk is directed to have the Grant of Easement recorded with the
County Recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 15th day of JANUARY , 2002 by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ATTEST:
(SEAL)
Page 2 of Resolution No. 2002-023
AGREEMENT WITH SAN DIEGO GAS & ELECTRIC FOR RELOCATION OF FACILITIES IN
ORION WAY AND ORION STREET TO ACCOMMODATE CONSTRUCTION OF THE
PUBLIC WORKS CENTER;
PROJECT NO. 3572
THIS AGREEMENT is made and entered into this & day of Januarv ,2002, by and
between the City of Carlsbad. a municipal corporation, hereinafter referred to as "City" and San
Diego Gas and Electric Company, hereinafter referred to as "SDG&E". regarding the following
facts:
WHEREAS, City is realigning and/or widening portions of Orion Way as part of the
public works project to construct the new Public Works Center; and
WHEREAS, SDG&E has existing gas and electric facilities (Facilities) within existing
Orion Way and Orion Street that require relocation due to the realignment and or widening of
Orion Way (Relocation); and
WHEREAS, City has requested that SDG&E perform portions of the Relocation as
described in SDG&E Work Orders 1667921, 2724080, and 2724081 incident to the
improvements; and
WHEREAS, City will be responsible for performing specified work and paying SDG8E
$3,718.00 for the gas main Relocation as described in W.O. 1667921; and
WHEREAS, City will be responsible for performing specified work and paying SDG&E
$46,371.00 for electrical underground Relocation as described in W.O. 2724080; and
WHEREAS, City will perform electrical underground relocation work specified in W.O.
2724081 on behalf of SDG&E and SDG&E will reimburse the City in the amount of $27,405.00;
and
WHEREAS, SDGE will agree to effect the Relocation pursuant to the City's
request; and
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WHEREAS, the cost of the Relocation is more than $25,000 and, therefore, the
approval of the City Council is required.
NOW, THEREFORE, in consideration of the foregoing recitals, for other valuable consideration,
receipt of which is hereby acknowledged, City and SDG&E agree as follows:
1. Gas and Electric Relocations in Orion Way and Orion Street
a. Specifications. SDG&E will relocate its 2” gas line described in SDG&E
Work Order No. 1667921 and underground electric facilities described in
SDG&E Work Orders Nos. 2724080 and 2724081.
b. City will provide SDG&E with final improvement plans no later than January
31.2002.
c. City will provide SDG&E with those easements set forth in Exhibit 1.
d. Timing of Work. City, by and through its Engineering Department. will
coordinate the relocation of SDG&E facilities. The Gas Main Relocation and the Electric
Underground Relocation will not be performed at the same time. City will coordinate closely
with SDG&E to minimize the period of open Joint Trench and allocate five (five) working days
for Gas Main Relocation. City will provide SDG&E with a 15 working day advanced notice to
commence work after final trench & substructure inspection by SDG&E after which SDG&E will
perform their portion of the cable & connections for the Electric Relocations within fifteen (15)
working days thereafter. And SDG&E will utilize its best efforts to so complete the Relocation;
provided, however, CITY and SDG&E acknowledge and agree that certain events and
occurrences can disrupt the contemplated schedule including, but not limited to, the
requirement or need to otherwise curtail the gas and electric supply throughout the SDG&E
service territory, inclement weather, work stoppages or the discovery of unforeseen conditions
in the field which cause revisions or modifications to the plans for the Relocation andlor
Improvements. SDG&E will commence the Relocation within a reasonable time after
notification from the CITY that CITY is ready to have the Relocation portion of the
Improvements begun and will diligently pursue the completion of the work.
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e. Payment. SDG&E has determined costs to be paid by the City for the
Relocations to be $3,718.00 and $46,371.00 respectively for gas and electric which includes
Contractor’s charges, equipment and materials, SDG&E personnel .and employee labor and
Engineering charges including labor additives. SDG&E to reimburse City in the amount of
$27.405.00 within 30 days after completion of work specified in W.O. 2724081.
City shall pay SDG&E a total of $50,089.00 a minimum of 60 days prior to the work
being performed.
2. Responsibility for Relocation
All or portions of the Relocations cited in paragraph l(a) above shall be accomplished
by SDG&E in accordance with SDG&E work orders cited in paragraph l(a) and SDG&E agrees
to indemnify, defend, save and hold harmless City, its officers, employees and agents, from and
against any and all loss, cost, damage, expense, claim, suit, demand or liability to person or
property, including attorney’s fees, arising from or relating to any negligence by SDG&E, its
officers, employees or agents in the performance of its portion of the Relocations.
3. Affirmation of SDG&E Prior Riahts
Nothing in this agreement shall be construed in any way to alter, modify, or terminate
any prior rights of SDG&E within the area of the Relocations, the Improvements. or the area of
Prior Rights from which the existing portions of the gas main or electrical facilities are to be
relocated.
4. Cancellation of Aqreement
In the event the City shall cancel or modify the Improvements of which the Relocation
subject of the Agreement is a part, and the result of such cancellation or modification in the
elimination of the Relocation from the Improvements altogether, City may thereupon terminate
this Agreement upon written notice thereof from City to SDG&E. In the event this Agreement is
so terminated, City shall nonetheless be responsible and liable to SDG&E for all costs incurred
by SDG&E for the Relocations up to and including the date of the termination, including any
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cancellation or penalty charges which SDG&E may incur from any of its contractors or
subcontractors. Upon receipt of notice of termination, SDG&E shall provide City with a detailed
accounting of costs incurred to date and remittance of any balance owed the City within 30
days of notice of termination.
5. Commencement of Aureement
This Agreement shall be effective upon signature hereon by the Mayor of the City of
Carlsbad, pursuant to a Resolution of adoption by the City Council of the City of Carlsbad.
6. Entire Aareement
This Agreement constitutes the entire agreement between the City and SDG&E relating
to the subject matter hereof. Any agreements or representations not specifically set forth
herein are void and of no force or effect; any modifications or amendments to this Agreement
shall furthermore be of no force or effect unless set forth in a writing signed by both parties.
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7. Notices
Any notice, invoice or other communication that either party may or is required to give
the other shall be in writing, shall be personally delivered, transmitted by facsimile, or by U. S.
Mail, regular delivery. Notices are deemed received on the same day if by personal delively or
by facsimile, and upon the third day after mailing if delivered by mail. Notices shall be directed
to:
San Diego Gas and Electric Company City of Carlsbad
8315 Century Park Court, #210 1635 Faraday Avenue
San Diego, CA 92123-1550 Carlsbad. CA 92008
Attention: Mr. Dennis Buss Attention: Public Works Director
IN WITNESS WHEREOF, CITY AND SDG&E have executed this Agreement.
SAN DIEGO GAS & ELECTRIC COMPANY
By:
(Sign Here)
I'CIILLI? J. ZELF0-S
(Print Name) ATTEST:
&d€G ER(tPJRGLFSJr rv2ltuAGl~
(Title)
1% ?LC OI
' (Date) JANICE BREITENFELD, Deputy City Clerk
APPROVED AS TO FORM:
RONALD R. BALL
ditykttdney / .3 7 .2.ooe.
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on iZ"Li) -0 i , beforeme An ,,,.,, h. SWI A v c.\ i &i;C - e.- -1
(name, titlgof officer), appeared
'blI personally known to me
0 proved to me on the basis of satisfactory evidence
to the within instrument
authorized capacity(#), and that by
upon behalf of which the
instrument.
WITNESS my hand and official seal.
Recording Requested by
San Diego Gas & Electric Company
When recorded, mail to:
San Diego Gas & Electric Company
c/o Sempra Energy
8335 Century Park Court, Suite 100
San Diego, CA 92123-1569
Attn: Real Estate Records - CPI 1D
Project No.: 134763-010,030,040
Const. No.: 2724080, 1667921,2724081
A.P.N.: 209-050-26
SPACE ABOVE FOR RECORDERS USE
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMPANY
EASEMENT
CITY OF CARLSBAD, a Municipal Corporation, hereinafter called “Grantor”, grants to
SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called “Grantee”, an
easement and right of way to erect, construct, change the size of, improve, reconstruct, relocate,
repair, maintain and use facilities consisting of: (1) Underground electric facilities, and
appurtenances for the transmission and distribution of electricity, (2) Underground
communication facilities, and appurtenances, (3) Pipelines and appurtenances for any and all
purposes, together with the right of ingress thereto and egress therefrom over said easement and
over other practical routes across Grantor’s land situated in the, County of San Diego, State of
California described as follows:
That portion of Lot “B 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 June 30, 1982 at Recorder’s Filepage No. 82-201566 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 utility facility installed within said property on or
before December 4,2004.
In order to provide adequate working area for Grantee, Grantor shall not erect, place or
construct, nor permit to be erected, placed or constructed any building or other structure, park
any vehicle, plant any trees and/or shrubs within eight feet of the front of the door or hinged
opening of any above ground utility facilities installed within this easement.
Grantor grants to Grantee the right to erect and maintain on Grantor’s property immediately
adjacent to this easement retaining walls andor protective barricades as may be necessary for
Grantee’s purposes.
Grantor will exercise only such reserved rights in said land as will not interfere with or
prohibit the free and complete use and enjoyment by Grantee, its successor or assigns, of the
rights hereby granted. Grantee shall have the right to assign any or all rights granted in this
easement in whole or in part to other companies providing utility or communication services.
Grantee shall have the right to top, cut, remove, or trim interfering plants and trees, and to keep
said easement free from and to prevent any person, including Grantor and successors and assigns,
from erecting, placing, or storing on said easement any flammable or other hazards and any
structures, objects, or earth filldcuts or other obstructions, except walls and fences.
The legal description for this easement was prepared by San Diego Gas & Electric
Company pursuant to Section 8730 of the Business and Professions Code, State of California.
Dated JAN 2 1 2002
CITY OF CARLSBAD, a Municipal Corporation
Name: RAYMOND PATCHETT
Title: CITY MANAGER
Prepared by: Trexel
Checked by:-
Date: 8/15/01
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On I- aa-Oa , beforeme <J%nl CE &XI Tifl~eLd , AJJW PUY~L~C
(name, title of officer), appeared qrr~~flj PA j"C/rffl
"3-
5 personally known to me 0 proved to me on the basis of satisfactory evidence
to be the person(4 whose name(@ is/= subscribed to the within instrument and acknowledged to me
that he/h&ey executed the same in his- authorized capacity(* and that by his+ke&b&
signature(+ on the instrument the person@), or the entity upon behalf of which the person(+ acted,
executed the instrument.
WITNESS my hand and official seal
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