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Home My WebLink AboutCC RESO 11,465RESOLUTION NO. 11,465 RESOLUTION APPROVING EXECUTION OF AGREEMENT BETWEEN CITY OF NATIONAL CITY AND SAN DIEGO GAS AND ELECTRIC COMPANY FOR ELECTRIC EASEMENT IN LAS PALMAS PARK BE IT RESOLVED by the City Council of the City of National City, California, that the Mayor is hereby authorized and directed to execute, and the City Clerk is authorized to attest, that certain agreement between City of National City and San Diego Gas and Electric Company for Electric Easement in Las Palmas Park. PASSED AND ADOPTED this 23rd day of April, 1974. ATTEST: 7B ELECTRIC EASEMENT THIS AGREEMENT, made this 29th day of April by and between CITY OF NATIONAL CITY, a municipal corporation • 19 74 , 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: That portion of the West Half of Lot 2 in Quarter Section 128 of Rancho de La Nacion, in the City of National City, County of San Diego, State of California, according. to Map thereof No. 166, filed in the office of the County' Recorder of said County of San Diego, described in a Deed recorded March 20, 1959 in Book 7560, Page 218 of Official Records of said County of San Diego, EXCEPTING THEREFROM that portion described in a Deed recorded December 10, 1969 at Recorder's File/Page No. 224148 of. said Official Records; and 55 7B 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 Partyand/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. - 2- 56 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 independent 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 CITY OF NATIONAL CITY, a mu rcipal cp6ration "First arty" Vice Mayor SAN DIEGO GAS & ELECTRIC COMPANY, ATTEST: a corporation Secretary Jones DRAWN BY CHECKED BY SKETCH NO DATE MOPAC NO .3-.1,1-74 50287-01 By Senior Vice President "Second Party" City Clerk -3- 5 7 If MUNICIPAL CORPORATION FORM STATE OF Lej2' COUNTY OF ON THIS 3 ' — day of , 19 741, me, the undersigned, a Notary Public in and for said Count State, residing therein, duly commissioned and sworn, pers appeared , �c �._� �:k , known to me to b Mayor, and s-tee L� .ti�� fl�r� , known to to be the City Clerk of the (I; , j t;�w,.,,,.Q ss. , the municipal o ration that ex the within Instrument, known to me to be the persons who e the within Instrument, on behalf of the municipal corporat therein named, and acknowledged to me that such municipal tion executed the same. WITNESS my hand and official seal. before y and onally _ e theV.L . me uteri xecuted ion corpora - Notary Public in and for said County and State ar s an .zrdiesrt N.. , _t.Ys,•\ BEATR;Cz IC T:LEW '``I '=1;- 1 NOTAR{ PUBLIC - C,11:fC.YNIA ' FfiYNCIPAL OFFICE IN "/ £.'.;J DIECO COUNTY y� My Commission Expires A: gust 33, 1975 S ^v5"..x.n 91+rbrusr gwV r 58 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 59 TRANSFORMER PA BEFORE ErAVONc CONTACT GAS Tt.GR PI-II;E A. 5 74386 CABLE POLE 20 ,RISER \. \ � E.ECTRiC,L SYSTEM' INWH'CN N, � ""PST PARTY" GP illS RANCHO DE LA NAC!ON MAP 166 POR W 1/2 LOT 2 1/4 SEC 123 OWNER: CITY OF NATIONAL CITY 3-20-59 #7560-218 O/R EX 12-10-67 #224148 `IOPAC 50267- VA EASEMENT � Ett51".it: i!'iT 1� .CO;.li^i PARTY" U G ELEC PALM VALLEY, PARK TB 66-06 84 i 99 ND REVISIONS DATE BY APP'C SAN DIEGO GASt:i ELECTRIC COMPANY AN CN iGO, CALK'C NiA CITY OF t AT I C,IAL CITY • D44 n'N CY. 8,j K SCALE NONE DATE 3 -I 1 4_ 1KEV RJW OK, -/ ORAKING NO 0S-2921 - - I 1 O`; -J ,NSIAil ICATE co—zD 182-1743 60 6 ,Poi f 0, 410 600 "VW 420/20, 30 eta x'a4NEQCedgn46 77212 Ef4e9CS cesocerA e,ctr Mori C: ;Ty r •ic . 2oWSr 0 1. 4'e.f cezr el cosy-. 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