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Home My WebLink AboutCC RESO 11,758RESOLUTION NO. 11,758 RESOLUTION AUTHORIZING EXECUTION OF ELECTRIC UTILITY EASEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO GAS & ELECTRIC COMPANY TO FACILITATE THE UNDERGROUND ELECTRICAL SERVICE TO THE KIMBALL PARK RECREATION CENTER BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized and directed to execute, and the City Clerk is authorized to attest, an Electric Utility Easement Agreement between the City of National City and the San Diego Gas & Electric Company to facilitate the underground electrical service to the Kimball Park Recreation Center. PASSED AND ADOPTED this 15th day of April, 1975. ATTEST: 7B DUPLICATg ELECTRIC EASEMENT THIS AGREEMENT, made this day of , 19 by and between CITY OF N&TIONAL CITY, atpnbljc enrpnratinn hereinafter called "First Party", and SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Second Party", WITNESSETH•: WHEREAS, First Party is the owner in fee simple of: Lot 5 of Quarter Section 154 of Rancho de la Nacion, according to Map thereof No. 166, filed in the office of the County Recorder of San Diego County, California; and WHEREAS, First Party has constructed or is about to codstruct and is or will be the owner of a system of underground electrical ducts, 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 pad 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 be at its own expense maintain in good operating condition its said electrical system. 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 that it will save harmless Second Party from all liability or damages to persons or property arising from or growing out of the installation, operation, replacement or maintenance of Second Party's said elec- trical facilities as described, except liability or damages arising from the sole negligence of Second Party, its agents, employees or inderendent contractors. 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: CITY OF NATI tAL CITY, a pub) ± cj t ora By "First Party" SAN DIEGO GAS & ELECTRIC COMPANY, a corporation Secretary By DRAWN BY Ott CHECKED BY SKETCH NO.1/1g/75 DATE 85162-01 MOPAC NO -3- R. E. "orris, Senior Vice President "Second Party' s • CORPORATION FORM STATE OF California ) ss. COUNTY OF San Diego ) ON THIS Jg day of , 19�.5 , before me, the undersigned, a Notary Public in' and for said Countyand State, residing therein, duly commissioned and sworn, personally appeared Kile Morgan , known to me to. be the City of National City Mayor and Ione Minogue Campbell, known to me to be the City of. National City City Clerk of National City , 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 City Council. WITNESS my hand and official seal. le OFFICIAL SEAL c L LG,e gt.wC km j : BEATRICE BUCKELEW ri?Notary Public in and for said County and State 'Lts NOTARY PUBLIC - CALIFORNIA V'4 : "'J� PRINCIPAL OFFICE IN �N \I"m, '.N DIEGO COUNTY My Commission Expires August 30. 1975 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 CO':PAA1, the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, or. Cehalf 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 BEFORE EXCAVATING CONTACT GAS ENGR. PHONE 232-4252 ST \ t 21" 1 6 I MAP ' 6 l 'IF.%A"°1° 11 / LA MAGION / \1\ 11BR°R� j z cKO OE i 54 / \� _ - A RAN SEC / C-I98 5 �, LO1 SRpnSFORMER pAO \ ..•••••• OWNER: CITY OF NATIONAL CITY A PUBLIC CORPORATION MOPAC 85662-01 U G ELEC COORDINATE 182-1737 ELECTRICAL SYSTEM IN WHICH "FIRST PARTY" GRANTS EASEMENT TO "SECOND PARTY" EXHIBIT it MO ..c.a.`av lly' OAT( �* •aau SAIV UIEGO GAS & ELECTRIC COMPANY SAN OIEGU. LALt ONNIA CITY OF NATIONAL CITY COMMUNI TY CENTER - 0.,Atvs as BJK_ SUaT(Y(o (My .u.lE NONE •Na NM3-20-7la(r O. 10 INSTALL 0K a#Ta ON48iNG NO OS-3610