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Home My WebLink About12-17-2013 Item 6 Report Aerial Easement SDG&E 421 W. 30th StreetCITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT DEPARTMENT: Engineering & Public Works APPROVED BY: IEETING DATE: December 17, 2013 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of the City of National City granting a 4-foot wide aerial easement with the right to erect and maintain anchorage to San Diego Gas & Electric Company for the purpose of existing overhead utility facilities at the property located at 421 W. 30th Street in National City (APN 562-220-41). PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt the Resolution. FINAL ADOPTION: BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Aerial and Anchorage Easement Deed 3. Resolution Finance �,��o\.\ tzo. ac Explanation: By Resolution No. 2011-149, the City Council approved vacating portions of Lots 33 & 34 and a portion of 29th Street of Bahia Vista, according to Map thereof No. 1815, filed in the office of the San Diego County Recorder. The land, now Parcel No. 562-220-41, is located at 421 W. 30th Street in National City. On August 2, 2011, the "Order of Vacation", was recorded with the San Diego County Recorder's office. On May 7, 2013, the City Council adopted Resolution No. 2013-61 granting San Diego Gas & Electric (SDG&E) a 4-foot wide aerial easement to the existing overhead utility facilities at the property to facilitate electric power to the City's new digital sign. This request from San Diego Gas & Electric (SDG&E) is for a second 4-foot wide aerial easement with the right to erect and maintain anchorage, which will allow SDG&E to aerially cross City property to facilitate power to the new billboard. Staff recommends that Council approve this easement. SDG&E has requested and shall pay for the recordation. Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company 8335 Century Park Court, Suite 100 San Diego, CA 92123-1569 Attn: Real Estate Records - CP11D Project No.: 350549-020 Const. No.: 2334630 A.P.N.: 562-220-41 Sketch No.: OS-15347 SPACE ABOVE FOR RECORDERS USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY AERIAL AND ANCHORAGE EASEMENT THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION, (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon, over andacross the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use suspended wires and/or cables with all necessary appurtenances for use in connection therewith as Grantee may now or hereafter deem convenient or necessary, together with the right of ingress and egress to, from and along this easement in, upon, over 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 property in which this easement and right of way is hereby granted is situated in the County of San Diego, State of California, described as follows: That portion of 30th Street, East of Interstate 5 and the Railroad Right of Way, now vacated and closedto public use by Resolution No. 2011-149 in the City of National City, delineated on Exhibit "A" and shown on Exhibit "B" on "Order of Vacation" recorded August 2, 2011 at Document No. 2011-0392875 of Official Records of said County of San Diego, being a portions of Lots 33 & 34 and a portion of 29th Street of Bahia Vista, according to Map thereof No. 1815, filed in the Office of the County Recorder of said County of San Diego. The easement in the aforesaid lands shall be 4.00 feet in width, being 2.00 feet on each side of the center line of the facilities to be installed, the approximate location being shown and delineated as "UTILITY FACILITIES" on the Exhibit "A", attached hereto and made a part hereof. Grantor grants to Grantee the right to erect and maintain on Grantor's property such anchorage as may be necessary for Grantee's purposes. s:land:daia:trajonns:d1sa16nilon easements:ESMTaerial long.doc -7- 800475S 9//97REV.. 02/07 Rev. 1 Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure, plant any tree, drill or dig any well, within this easement. Provided however, the existing billboard signs may remain but shall not be altered or replaced without prior written consent of Grantee, which consent shall not unreasonably be withheld. 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. Grantor further grants to Grantee the right to assign any or all of the rights granted in this easement in whole or in part to other companies providing utility or communication facilities/services. 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 property or persons. 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, pernrittees, licensees, agents or assigns of Grantor and Grantee. IN WITNESS WHEREOF, Grantor executed this instrument this day of , 20 . Drawn: (`— Checked: Date: THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION BY: NAME: Ron Morrison (print name) T E: Mayor s:land:dataargforms:disMbutlon easements:ESMT aerlol longdac 800475S 9//97REY. 02/01 ReV. 1 STATE OF CALIFORNIA COUNTY OF )SS. On , before me (name, title of officer), appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY 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 s:land:dala:lraforms:dislribnlion easemenls:ESMT aerial lang.doc 800475S 9//97 REV. 02/01 Rev. 1 562 lill UTILITY N FACILITIES -- \ P839732 1 \ N BILLBOARD SIGNS OWNER: CITY OF NATIONAL CITY APN 562-220-41 ti r b UTILITY FACILITIES \ \ \ 30th BAHIA MAP POR. LOTS \ POR. OF N N N N NEW POLE P251174 & ANCHOR • N STREET VISTA N O . 1815 33 & 34 & 29TH STREET N \ \ \ REF: ORDER OF VACATION REC. AUGUST 2, 2011 O.H.E. EXHIBIT "A" DOC. 2011-0392875 SAN DIEGO GAS Sc ELECTRIC SAN DIEGO, CALIFORNIA ORIGINATOR:CHenry OK TO INSTALL: PROJECT NO. 350549-020 SURVEYED BY: NONE R/W OK: CONST. NO. 2334630 421 W. 30th Street National City DRAWN BY: Echeverria DATE: DATE: 09/11/131309—H4 THOS. BROS. DRAWING NO. 0S-15347 SCALE: NONE NO. SUPPLEMENTS DATE: BY APP'D RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GRANTING A 4-FOOT WIDE AERIAL AND ANCHORAGE EASEMENT WITH THE RIGHT TO ERECT AND MAINTAIN ANCHORAGE TO SDG&E FOR THE PURPOSE OF THE EXISTING OVERHEAD UTILITY FACILITIES AT THE PROPERTY LOCATED AT 421 WEST 30TH STREET TO FACILITATE ELECTRIC POWER TO THE CITY'S DIGITAL SIGN WHEREAS, on July 5, 2011, the City Council adopted Resolution No. 2011-149, which approved vacating portions of Lots 33 and 34, and a portion of 29th Street of Bahia Vista, according to Map No. 1815, filed in the San Diego County Recorder; and WHEREAS, the address location for this property is currently 421 West 30th Street; and WHEREAS, the Order of Vacation was recorded with the San Diego County Recorder on August 2, 2011; and WHEREAS, on May 7, 2013, the City Council adopted Resolution No. 2013-61 granting SDG&E a 4-foot wide aerial easement to the existing overhead utility facilities on the property to provide electrical power to the City's new digital sign; and WHEREAS, SDG&E has recently requested a separate 4-foot wide Aerial and Anchorage Easement with the right to erect and maintain anchorage for the existing overhead facilities that cross the property to allow SDG&E to aerially cross City property to erect and maintain anchorage and provide power to the City's digital sign. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby grants a 4-foot wide Aerial and Anchorage Easement with the right to erect and maintain anchorage to SDG&E for the existing overhead utility facilities at the property located at 421 West 30th Street to erect and maintain anchorage and provide electrical power to the City's digital sign. PASSED and ADOPTED this 17th day of December, 2013. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva Ron Morrison, Mayor