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Home My WebLink About2017-08-22; City Council; Resolution 2017-164RESOLUTION NO. 2017-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC OVER A PORTION OF LOT 9 OF MAP 8956, GENERALLY DESCRIBED AS THE PARKING LOT FOR THE SHOPPES AT CARLSBAD SHOPPING CENTER CASE NAME: CASE NO.: SHOPPES AT CARLSBAD SOP 09-04 WHEREAS, the City Council of the City of Carlsbad, California approved the Westfield Carlsbad Specific Plan SP 09-01 on July 23, 2013; and WHEREAS, the City Council approved the Westfield Carlsbad Specific Plan SDG 09-04 on July 9, 2013; and WHEREAS, the Developer, Rouse Properties, is constructing mall renovations consistent with those approvals; and WHEREAS, the City of Carlsbad owns the parking lot surrounding the mall buildings being renovated; and WHEREAS, San Diego Gas and Electric has requested an easement for equipment necessary for the renovation; and WHEREAS, the easement for electrical equipment necessary for the renovation are within the parking lot area and do not interfere with planned or future improvements; and WHEREAS, the City Council of the City of Carlsbad, California has determined it to be in the public interest to grant said easement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: Ill Ill Ill Ill 1. That the above recitations are true and correct. 2. That the easement conveying a public utility easement to San Diego Gas and Electric, which is on file with the City Clerk and incorporated by reference, is approved. 3. That the Mayor is authorized to execute the easement. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of August, 2017, by the following vote, to wit: AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. NOES: None. ABSENT: None. (SEAL) EXHIBIT 2 Page 109 SITE MAP • N NOT TO SCALE Westfield Carlsbad SP 09-01/SDP 09-04 EXHIBIT 3 Page 110 Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company PO Box 129831 San Diego, CA 92112-9831 Attn: Real Estate Records -SD 1170 Project No. Const. No. A.P.N. No. SR No.: 651684-030,060 2539461/2539464 156-302-24 249160 R/W368349 SPACE ABOVE FOR RECORDER'S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMP ANY EASEMENT CITY OF CARLSBAD, A MUNICIPAL CORPORATION, (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: 1. Underground facilities, together with aboveground structures consisting ·of, but not limited to, pad-mounted electrical equipment, and appurtenances for the transmission and distribution of electricity. 2. Communication facilities, and appurtenances. The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary. Grantee also has the right of ingress and egress, to, from and along this easement in, upon, ov_er and across the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep this easement clear from explosives, buildings, structures and materials. The prope1iy in which this easement and right of way is hereby granted is situated in the Colmty of San Diego, State of California described as follows: Lot 9 of Carlsbad Tract No. 76-18, according to Map thereof No. 8956, filed in the Office of the County Recorder of said County of San Diego. T:La11dServices:No11-Records:Ne1vBusi11ess: -1-810236S Rev. 1 Page 111 The easement in the aforesaid lands shall be more patiicularly described in Parcels A and B as follows: PARCEL A: That ce1iain strip of land, 25.00 feet by 33.00 feet, the approximate location shown and delineated as "EASEMENT AREA", on the Exhibit "A", consisting of one (2) sheets, attached hereto and made a part hereof. PARCELS: Those strips 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 and delineated as "UTILITY FACILITIES" on the Exhibit "B", consisting of one (1) sheet, attached hereto and made a pali hereof. In order to provide adequate working space 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, deposit any materials, plant any trees and/or shrubs or change ground elevation within eight (8) feet of the front of the door or hinged opening of any above ground facility installed within this easement. Grantor retains the right to park, but not store, vehicles and equipment within the herein granted . easement, provided said parking rights do not endanger or interfere with Grantee's facilities. Grantor grants to Grantee the right to erect and maintain on Grantor's property immediately adjacent to this easement retaining walls and/or protective barricades as may be necessary for Grantee's pmposes. Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other stmcture, plant any tree, drill or dig any well, within this easement. Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, · which consent shall not unreasonably be withheld. Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to prope1iy or persons. \ CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING (619) 696-2000, and OBTAINING PERMISSION. T:LandServices:Non-Records:NewBusiness: -2-810236S Rev. I 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. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor and Grantee. ~~ /ii Wff;NESS WHEREOF, ------J~--------ct-u_s_s_-t., 20 _[]_. Drawn Checked Date C. Echeverria 07 /24/1 7 (rev .08/15/17) T:LandServices:Non-Records:Ne1vB11siness: Grantor executed this instrument this 2 6 '(c;\day of CITY OF CARLSBAD, A MUNICIPAL CORPORATION ::-E: ----------=-~-\vl-=f_{-.-+-----L--t J-=t'=\\==--== ~~rint name) TITLE: _ ___,_\V1---------'-'c\---'-----r---+-0=-\Q..---'-------=-_____ _ BY: ------------------- NAME: -----,------------- TITLE: -3- (print name) ------------------ 810236S Rev. I ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego on _~_._l_'i7_a,-'['-~-l_-=t--'---____ before me, Morgen Fry, Notary Public (insert name and title of the officer) personally appeared }l\a-tt t-\i,. l \ who proved to me on the basis of satisfactory evidence to be the person~ whose name~) isl.am subscribed to the within instrument and acknowledged to me that he/she.!t~ executed the same in his/her/their authorized capacity{te-.), and that by his/li"erftttei.r signature~on the instrument the person('sl, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~~(Seal) Page 114 EXHIBIT "A" D - •========:::::::----==::::::=== MARRON ROAD Page 115 NO. CARLSBAD . ·TR NO 76 -18 MAP NO . 8956 LOT 9 --"\ ------(--,- -' o-J ~ ~ ---\..-- EXISTING M3700166990 RW204328 -_,,;-- . /" \ \ \ ----- \ NEW \ SCADA \ ANTENNA "---....__ ....__ ....__ ....__ NEW 5-WAY 25' TRAYER JJ' SWITCH D221032 ....__ " - NEW TRANSFORMER D221038 NEW TRANSFORMER D221039 NEW TRANSFORMER D221040 OWNER: CITY OF CARLSBAD, A MUNICIPAL CORPORATION EASEMENT AREA APN 156-302-24 U.G.E. EXHIBIT "A" SHEET 2 OF 2 SAN DIEGO GAS & ELECTRIC ORIGINATOR: OK TO INSTALL: PROJECT NO. RMatanane SAN DIEGO, CALIFORNIA SURVEYED BY: R WOK: 651684-030 THE SHOPPES NONE CONST. NO. DRAWN BY: DATE: AT CARLSBAD Echeverria 2539461 DATE: THOS. BROS. 07 24 17 DRAWING NO. Carlsbad. SCALE: NONE SUPPLEMENTS DATE: BY APP'D Page 116EXHIBIT B ~ 0:: 0 ~ ~ :> (.) C O 0 C Ill (!) c6 z :I: C ~ <( Ill 0 ..J 1-D84" '==~-PRI CONDUIT '-'=>==,=, NEW HH H132926 ------=-------~ ~ - -~ ------,._ ____ --1!-J 8' ELECTRICAL -~ EX. EASEMENT /4/f EY. RW204328 f MACY'S BUILDING J' I ---/ / I I ,,/ / / --~ ---!TI ···--... 1-w 0:: (.) w en en <( 0:: 0 1-(.) > DRIVEWAY UTILITY FACILITIES SCALE ,......., NTS