HomeMy WebLinkAboutCC RESO 11,973RESOLUTION NO. 11,973
RESOLUTION AUTHORIZING EXECUTION OF ELECTRIC
EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY
BE IT RESOLVED by the City Council of the City
of National City, California as follows:
That the Mayor and City Clerk are authorized
and directed to execute and attest that certain Electric
Easement to San Diego Gas and Electric Company, the prop-
erty more fully described in said Electric Easement, a
copy of which is attached hereto and is hereby incorporated
by reference.
PASSED AND ADOPTED this 10th day of February, 1976.
ATTEST:
WHEREAS, First Party has constructed or is about to construct and is or
will be the owner of a system of underground electrical ducts,
terminator pad, transformer pad and low voltage
electrical conductors (hereinafter called electrical system), located or to be lo-
cated as shown on the plan marked Exhibit "A", attached hereto and by this reference
made a part hereof, which electrical system First Party caused or will cause to be
constructed upon and within its said hereinbefore described property and the street
adjacent for the purpose of providing a means through which Second Party might supply
electrical service to First Party and/or various lessees and/or tenants of First
Party on its said property; and
WHEREAS, Second Party has installed or will install within the ducts,
and upon the transformer and terminator pads of
First Party's said electrical system, various high voltage electrical cables,
transformers, switches and other miscellaneous equipment (hereinafter called
electrical facilities), owned by Second Party, and used by it to supply electric
energy to First Party and/or lessees and/or tenants; and
WHEREAS, the Parties hereto are mutually desirous of establishing the
several rights and responsibilities of the Parties as to the ownership, opera-
tion, replacement, maintenance and repair of the Parties' respective electrical
system and electrical facilities.
NOW, THEREFORE, for and in consideration of the covenants hereinafter
contained and the mutual benefits to be derived thereby, the Parties hereto do
agree as follows:
•
1. First Party does hereby grant to Second Party the right and ease-
ment to install, place, replace, operate, maintain and repair, within and along
First Party's said electrical system, Second Party's said electrical facilities,
and First Party further grants to Second Party the right of ingress to and egress
from First Party's said electrical system at such places and in such manner as
may reasonably be necessary for Second Party's purposes.
2. First Party Agrees that it will at its own expense maintain in
good operating condition its said electrical system.
7B
3. Second Party agrees that so long as First Party complies with each
and all the conditions on its part, to be performed, it will at its own expense
(in accordance with its pertinent rules and regulations on file with the Public
Utilities Commission of the State of California), install, operate, maintain and
repair, within First Party's said electrical system, Second Party's said electrical
facilities.
4. First Party agrees to exercise reasonable care to prevent damage to
or the destruction of Second Party's electrical facilities. First Party agrees
that Second Party shall be immediately notified of any defects in said electrical
system or electrical facilities which are discovered or known by First Party.
First Party agrees not to attempt to relocate or otherwise interfere with said
electrical facilities without prior notification and approval of Second Party.
First Party further agrees to indemnify, save and hold Second Party harmless
from and against any and all claims, suits, costs of defense, liabilities, loss
or other expenses for damage or damages to property or for injury or injuries to
or death of any person or persons in any way resulting from or out of (1) the
condition of First Party's electrical system, or (2) any acts, actions, or forces
done, initiated, or controlled by First Party, its agents, employees, independent
contractors, licensees or invitees.
7B
5. The Parties expressly agree that this agreement shall be binding
upon the successors and assigns of each Party.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
the day and year first above written.
Executed in the Presence of:
Witness
ATTEST:
DRAWN BY Ott
CHECKED BY.
etary
SKETCH NO 396/
DATE
1/22/76
MOPAC NO 85662-03
CITY OF NATIONAL CITY, a
publiati
By
Ey
First Party"
SAN DIEGO GAS & ELECTRIC COMPANY,
a corporation
By
J. R. Pelt, Senior
Vice President
Second Party
\
\
ELECTRICAL SYSTEM IN WHICH i \�
"FIRST PARTY" GRANTS ' -
EASEMENT TO "SECOND PARTY" _--
BEFORE EXCAVATING CONTACT
GAS ENGR PHONE 232-4252
,
\ MI \TERNATOR\PAD
TRANSFORMER PAD
RANCHO DE LA NATION
MAP 166
LOTS 5 a 6 1/4 SEC 154
OWNER: CITY OF NATIONAL CITY
A PUBLIC CORPORATION
MOPAC 85662-03
U G ELEC
140 E I2TH ST
COORDINATE 182-
EXHIBIT "A"
No. REVISIONS DATE BY ARRD
SAN DIEGO GAS SAN & ELECTRIC COMPANY
CALIFORNIA
CITY OF NATIONAL CITY
NATIONAL CITY
DRAWN BY
BJK
SCALE,. NONE
DATE-. I -I9-76
I REV.:
SUS](EYEi1:.fEr
,;.-.:-7-,._
AIW ON:
DRAWING NO.:
OS- 396 1
ON TO INSTALL-
DATE:
CORPORATION FORM
STATE OF )
ss.
COUNTY OF )
ON THIS
me, the undersigned,
State, residing there
appeared
day of , 19, before
a Notary Public in and for said County and
in, duly commissioned and sworn, personally
, known to me to
be the President and
known to me to be the
of
Secretary
the corporation that executed the within Instrument, known to
me to be the persons who executed the within Instrument, on behalf
of the corporation therein named, and acknowledged to me that
such corporation executed the within Instrument pursuant to its
By -Laws or a Resolution of its Board of Directors.
WITNESS my hand and official seal.
Notary Public in and for said County and State
SAN DIEGO GAS & ELECTRIC COMPANY FORM
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN DIEGO )
ON THIS day of , 19
me, the undersigned, a Notary
State, residing therein, duly
appeared
be the
, before
Public in and for said County and
commissioned and sworn, personally
known to me to
President and
, known to me to be
the Secretary of SAN DIEGO GAS
& ELECTRIC COMPANY, the corporation that executed the within
Instrument, known to me to be the persons who executed the within
Instrument, on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
Instrument pursuant to its By -Laws or a Resolution of its Board
of Directors.
WITNESS my hand and official seal.
Notary Public in and for said County and State
CORPORATION FORM
STATE OF )
ss.
COUNTY OF )
ON THIS day of , 19 , before
me, the undersigned, a Notary Public in and for said County and
State, residing therein, duly commissioned and sworn, personally
appeared , known to me to
be the President and
known to me to be the Secretary
of
the corporation that executed the within Instrument, known to
me to be the persons who executed the within Instrument, on behalf
of the corporation therein named, and acknowledged to me that
such corporation executed the within Instrument pursuant to its
By -Laws or a Resolution of its Board of Directors.
WITNESS my hand and official seal.
Notary Public in and for said County and State
SAN DIEGO GAS & ELECTRIC COMPANY FORM
STATE. OF CALIFORNIA )
ss.
COUNTY OF SAN DIEGO )
ON THIS day of , 19 , before
me, the undersigned, a Notary Public in and for said County and
State, residing therein, duly commissioned and sworn, personally
appeared , known to me to
be the President and
, known to me to be
the Secretary of SAN DIEGO GAS
& ELECTRIC COMPANY, the corporation that executed the within
Instrument, known to me to be the persons who executed the within
Instrument, on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
Instrument pursuant to its By -Laws or a Resolution of its Board
of Directors.
WITNESS my hand and official seal.
Notary Public in and for said County and State
PACE ABOVE FOR RECORDER'S USE
ELECTRIC EASEMENT
THIS AGREEMENT, made this day of , 19
by and between CITY OF NATIONAL CITY, a public corporation
hereinafter called "First Party", and SAN DIEGO GAS & ELECTRIC COMPANY, a
corporation, hereinafter called "Second Party",
W I T N E S S E T H:
WHEREAS, First Party is the owner in fee simple of:
Lots 5 and 6 of Quarter Section 154 of Rancho
de la acion, according to Map thereof No. 166, filed in
the office of the County Recorder of San Diego County,
California; and