HomeMy WebLinkAboutCC RESO 11,528RESOLUTION NO. 11,528
RESOLUTION AUTHORIZING EXECUTION OF AN ELECTRICAL
EASEMENT FOR PUBLIC WORKS FACILITY BETWEEN CITY OF
NATIONAL CITY AND SAN DIEGO GAS AND ELECTRIC COMPANY
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 Electrical Easement for Public Works Facility.
PASSED AND ADOPTED this 25th day of June, 1974.
ATTEST:
7B
ELECTRIC EASEMENT
THIS AGREEMENT, made this day of , 19
by and between CITY OF NATIONAT, CITY, a municipal 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:
Lots 7, 8, 15 and.16 in Block 85 of National
City, according. to Map thereof No. 348, filed in the office
of the County Recorder of San Diego County, California; and
73 •
WHEW -ASS First Party has constructed or is about to coAstruct 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.
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 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
ATTEST:
-CITY OF NATIONAL ( TTY,
a mnuripipcorporation
B
y 7vI
By` `
"First Party"
SAN DIEGO GAS &ELECTRIC COMPANY,
a corporation
By
Secretary . E. Morris
Senior Vice President
DRAWN BY Ott
CHECKED BY
SKETCH NO
DATE
MOPAC NO 51469-01.....
1
-3-
"Second Party"
STATE OF
COUNTY OF
MUNICIPAL CORPORATION FORM
ON THIS day of
me, the undersigned, a Notary
State, residing therein, duly
appeared
ss.
, 19 , before
Public in and for said County and
commissioned and sworn, personally
, known to me to be the
Mayor, and
to be the City Clerk of the
, the municipal corporation that executed
the within Instrument, known to me to be the persons who executed
the within Instrument, on behalf of the municipal corporation
therein.named, and acknowledged to me that such municipal corpora-
tion executed the same.
WITNESS my hand and official seal.
, known to me
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
•
BEFORE EXCAVATING CONTACT
GAS ENOR. PHONE 232.4252
ELECTRICAL SYSTEM IN WHICH
"FIRST P `T'C' GRANTS
EASEMENT TO "SECOND PARTY"
NATIONAL CITY
MAP 348
BLK 85
LOTS 7-8-15-16
W
\ Q
7
8
OWNER: CITY OF NATIONAL CITY,
A MUNICIPAL CORPORATION
U G ELEC
2100 HOOVER AVE
MOPAC 51469-01
/6
FUTURE
BLDG
w
0
0
RISE
P-20:0
215T ST
TB 69-81
EXHIBIT "A„
REVISIONS
NO DATE BY APR'D
SAN DIEGO GAS etELECTRIC COMPANY
SAN DIEGO. CALIFORNIA
CITY OF NATIONAL CITY PUBLIC WORKS]
NATIONAL CITY
DRAWN BY. BJK (SCALE NONE
DATE: 5-30-74 I REV
Sua,s4W B IR/W OK:
DRAWING NO.
0�-3083
OK TO INSTALL: DATE:
.o—ORD 182-1737