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HomeMy WebLinkAbout05-07-2013 Item 12 Report Aerial Easement SDG&E 421 W. 30th StreetCITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2013 AGENDA ITEM NO. 12 ITEM TITLE: Resolution of the City Council of the City of National City granting a 4-foot wide Aerial Easement to SDG&E for the purpose of existing overhead utility facilities at the property located at 421 W. 30th Street (Parcel No. 562-220-41). PREPARED BY: Barby Tipton, Project Officer PHONE: 336-4385 EXPLANATION: See attached DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Aerial Easement Deed 3. Resolution KF,sO\,V'CNo_ 0\? -�� 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. San Diego Gas & Electric (SDG&E) has requested a 4-foot wide Aerial Easement for the existing overhead facilities that cross the property. This easement is required to 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.: 350549-010 Const. No.: Service A.P.N.: 562-220-41 Sketch No.: OS-15217 SPACE ABOVE FOR RECORDER'S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY AERIAL 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 and across 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 closed to 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 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. s:land:data:lrq%rms:dlstribution easements:ESMraerial lang.doc -1- 800475S 9097RER 02/01 Rev. 1 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, permittees, licensees, agents or assigns of Grantor and Grantee. IN WITNESS WHEREOF, Grantor executed this instrument this day of ,20 . Drawn: Checked: Date: C. Echeverria 04/18/ THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION BY: NAME: TITLE: BY: (print name) NAME: TITLE: (print name) s:land.•data:lrafonns:dlstrtbultnn easements:ESM7'aerial longdoc 8004755 9//97 REV. 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 saand.•dala:iraforms:disMba0on easemenis:ESMTaerial long.doc 800475S 9//97 REV. 02/01 Rey. I UTILITY FACILITIES P839732 PROPOSED \ BILLBOARD \ OWNER: CITY OF NATIONAL CITY APN 562-220-41 • O b O.H.E. EXHIBIT 562 N VACATION 2, 2011 ® & OF AUGUST 2011-0392875 30th STREET BAHIA VISTA MAP NO. 1815 POR. LOTS 33 & 34 POR. OF 29TH STREET REP ORDER REC. DOC. "A" SAN DIEGO GAS & ELECTRIC SAN DIEGO, CALIFORNIA ORIGINATOR:MRivers OK TO INSTALL: PROJECT NO. 350549-010 SURVEYED BY: NONE R/W OK: 421 W. 30th Street National City DRAWN BY: Echeverria DATE: CONST. NO. Service Order DATE: 04/18/13 1THOS. BR309-H4 DRAWING NO. OS-15217 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 EASEMENT TO SDG&E TO THE EXISTING OVERHEAD UTILITY FACILITIES AT THE PROPERTY LOCATED AT 421 WEST 30TH STREET TO FACILITATE ELECTRIC POWER TO THE CITY'S NEW 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, SDG&E has requested a 4-foot wide Aerial Easement for the existing overhead facilities that cross the property to allow SDG&E to aerially cross City property to facilitate power to the City's new digital sign. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby grants a 4-foot wide Aerial Easement to SDG&E to the existing overhead utility facilities at the property located at 421 West 30th Street to facilitate electric power to the City's new digital sign. PASSED and ADOPTED this 7th day of May, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney