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HomeMy WebLinkAbout06-04-2019 Item 10 Report Easement to SDG&E Las Palmas Municipal Pool and Camacho Recreation—INmei-3 0 NOTE TO FILE 07-01-2019 IN THE MATTER OF: The SDGE&E Las Palmas Municipal Pool and Camacho Recreation Center Amended Easement Grant Deed. Please note the following: NO ORIGINAL RECORDED EASEMENT GRANT DEED WAS FILED WITH THE OFFICE OF THE CITY CLERK. A COPY WAS PROVIDED; SDG&E KEPT THE ORIGINAL. ORIGINATING DEPARTMENT: _ CDC _ Housing & Economic Development City Attorney _ Human Resources _City Manager _ MIS _ Community Svcs. _ Planning _ Police X Engineering/Public Works Finance Fire NTF CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 4, 2019 AGENDA ITEM NO. 10 EM TITLE: Resolution of the City Council of the City of National City modifying easement language for purposes of clarification for an Easement to San Diego Gas & Electric Company (SDG&E) necessary to underground, construct and/or maintain electrical and communications facilities that service Las Palmas Municipal Pool and Camacho Recreation Center; and authorizing the Mayor to sign the Amended Easement. PREPARED BY: Charles Nissley DEPARTMENT: Engi PHONE: 336-4396 APPROVED BY: EXPLANATION: See Explanation FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt Resolution accepting amended easement language to SDG&E to underground, construct and/or maintain electrical and communications facilities that service Las Palmas Municipal Pool and Camacho Recreation Center. BOARD / COMMISSION RECOMMENDATION: FINAL ADOPTION: APPROVED: APPROVED: and ublic Works Finance MIS N/A ATTACHMENTS: Explanation 2. Easement Grant Deed 3. Resolution /arc 3 al er 71o• (10 0 - 0 EXPLANATION Staff is currently working on a project to upgrade electrical systems and provide new service connections for Las Palmas Municipal Pool and Camacho Recreation Center. In order to facilitate this work, SDG&E needs to install new conduits, electrical cabling and equipment upgrades through the park, which will require an easement. The new lines will come off of Newell Street, follow the northerly right of way line of E. 22nd Street, and tie into an existing system that connects from a power pole inside the park. This pole will be removed as part of the work. On April 16, 2019 Council adopted resolution no. 2019-41 granting a utility easement to SDGE for the above stated purpose. Upon further review, SDGE has requested language modifications regarding indemnification and noticing requirements for tree trimming work. First, SDGE's standard indemnity language is now included in the revised easement attached and has been accepted.by the City Attorney. Second, certain notice language of the attached easement requiring SDGE to notice the City prior to any tree trimming or root removal has been removed because any work performed by SDGE in this regard will require a City Permit. The permit would constitute advanced notice for the work which is acceptable to the Engineering Department. -1- Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company P O Box 129831 San Diego, CA 92112-9831 Attn: Real Estate Records — SD 1 170 Project No. 3-199246 Const. No. 3-199261 A.P.N. No. 561-360-35 SR No.: 257439 RW 369958 SPACE ABOVE FOR RECORDER'S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT CITY OF NATIONAL CITY, (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an casement and right of way in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: 1. Underground facilities, together with aboveground structures consisting of, but not limited to, pad -mounted electrical equipment, and appurtenances for the transmission and distribution of electricity. 2. Communication facilities, and appurtenances. The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary. Grantee also has 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 final 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 Quarter Sections 127, 128, and 134 of Rancho De La Naeion, according to Map thereof No. 166, filed in the Office of the County recorder of said County of San Diego, said portion is more particularly described in Resolution No. 6280, filed at the City of National City, City Clerk, passed and adopted on November 3, 1954. 711.cndSerrices: •v,-,u-Rear ds::V•ir6usinees: 810236S rrr. I -2- • The easement in the aforesaid lands shall be more particularly described on Exhibit "A" and shown and delineated on Exhibit "B", consisting of five (5) sheets, attached hereto and made a part hereof. In order to provide adequate working space for Grantee, Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed any building or other structure, park any vehicle, deposit any materials, plant any trees and/or shrubs or change ground elevation within eight (8) feet -of the front of the door or hinged opening of any above ground facility installed within this easement. Grantor grants to Grantee the right to erect and maintain on Grantor's property immediately adjacent to this easement retaining walls and/or protective barricades as may be necessary for Grantee's proposes. Grantor shall not erect, place or construct, nor pennit to be erected, placed or constructed, any building or other structure, plant any tree, drill or dig any well, within this easement. 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. 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. Grantee agrees that if Grantee's facilities interfere with the use, repair, or improvement of Grantor's property, Grantee shall relocate its facilities to another location(s) designated by Grantor in Grantor's discretion, reasonably exercised, and at Grantor's expense. The relocation shall take place within 90 days after (1) Grantee has received written notice from Grantor to relocate the facilities; (2) after Grantor has fully reimbursed Grantee for the cost of the facilities relocation; and (3) after Grantor has tiirnished Grantee with easement(s) acceptable to Grantee for the new location(s). Grantee shall indemnify, defend and hold Grantor harmless from and against all losses, damages, or expenses that Grantor may sustain or become liable for that result from the construction or maintenance of Grantee's facilities and all fixtures and equipment in connection therewith. Such indemnification shall include any losses, damages, or expenses arising solely out of negligence or intentional acts of Grantee but excepting any losses, damages, or expenses resulting from the negligent or intentional acts of the Grantor and third parties. CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING (619) 696-2000, and OBTAINING PERMISSION. 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. TLm:dServices:Nor,Records:hcu'Busine'ss: 810236S R. 1 -3- This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, pennittees, licensees, agents or assigns of Grantor and Grantee. Drawn: SLS/ Checked: Date: 09, 8/2018 (rev. 5/21/2019) IN WITNESS WHEREOF, Grantor executed this instrument this day of 20 . GRANTOR CITY OF NATIONAL CITY Signature ALEJANDRA SOTELO—SOLIS Print Name MAYOR Title A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me (name, title of officer) personally 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 signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. f 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 of Notary Public) r.ca,,esi',,;,-rs:,w»n.Reco d,:.AoAlsj,,ess: (Notary Seal) 815 36S Rev. r OWNER: DATE: RESOLUTION APN: w EXHIBIT "A" RANCHO DE LA NACION 3° MAP NO. 166 CITY OF NATIONAL CITY T.P,O,B , NOVEMBER 3, 1954 = N0. 6280 ` S69'03'48"W _- — _- 561-360-35 '---, 180.33'. j�'' q PROPOSED 10' ESMT / r ' POR.80 ACRES LOT 2 1 Ct SW1/4, SW 1/4 cJ \�' �4=4725'30° 1/4 SEC. 128 i R=100, 00' \ N ! L=82,77' i I N I / LEGEND 36 \ N w 14 / 4,0 a A FOUND LEAD & PARCEL MAP 16381. \o�,p1- LAND s ��o J . co 1, 0 c s z DISC STAMPED THIS MY DIRECTION LAND \cr, "LS 5335" PER \2 '✓n PLAT WAS PREPARED BY ME OR UNDER \ 1 1N CONFORMANCE WITH THE SURVEYORS ACT ON 10-25-2018. P.O.C. \\ I / !( Ioltrb8 j 1 ) PI.S N0.9312 EXP. 9/302020 RI H �9). ��P OF cm- F0 /�/ APN: APN: 561-360-29\\ REF: SHEET 1 OF 3 ,� 1 RD J../ COFFMAN LS 9312 i�-' PAR 1 w \ PM 18381 A 1:;\ i i ` ,qp \ AP1:561-360-51 . \ 1 N,1S 1 _i 2 WESTERLY 561-360-25\ /\36� 29 1/ RIGHT-OF-WAY \ ` \1 PM 16381 RW 40628 UG ELEC SAN DIEGO GAS & ELECTRIC SAN DIEGO, CALIFORNIA ORIGINATOR: V. WALTERS OK -TO INSTALL: - PROJECT N0. 300000199246 SURVEYED BY: WHP/RJC R/W OK: CONST. N0. 4127838 LAS PALMAS POOL & REC, CENTER E. 22ND STREET NATIONAL CITY, CA DRAWN WHP/JLB DATE. DATE: 10-25-2016 THOS. BROS. 1310-A2 DRAWING NO. L-16633 SCALE: 1"=50' N0. SUPPLEMENTS DATE: BY APP'D -5- EXHIBIT "A" 553?=' POINr °A " PE LINE I LINE DATA TABLE �+ N LINE BEARING DISTANCE 56/a2 � S15°11'05"E 5.10' I L2L1 S26°37'53"E 4.17' r:-/ L3 S63°22'07"A/ 12.00' (`c' �;"\,"5 L4 N26°37'53"W 4.17' ✓ i .•, IA PARCEL A S21'38'18"W DETAIL "A" i RANCHO DE LA NACION N.T.S. 39.16' MAP NO. 166 /\ PROPOSED 10' ESMT^ ti, S63122'07"1/1 211.93' SEE DETAIL "A" g d=49'42'54" J -I R=143.00' raa+, L=124.08' '-'--\.. \--;- \ -i, 2'2 l' A=43'41'14" / R=25, 00' �� L=19.06' /-- .ti ( i \ of R / - MAP NO. 9128\ / i� 561 \\ LOT-3 ti w / _— 36 APN: 563-460-03 / REF: PM 16381 RI 40628 SHEET 2 OF 3 UG ELEC SAN DIEGO GAS & ELECTRIC SAN DIEGO, CALIFORNIA ORIGINATOR: v. WALTERS OK TO INSTALL: PROJECT NO. 300000189246 SURVEYED WHBY:P/RC R/W OK: CONST. NO. 4127838 LAS PALMAS POOL & REC CENTER E. 22ND CTREET NATIONAL CITY, CA SAN DIEGO COUNTY DRAWN BY: WHP/JLB DATE: DATE:10-25-2018 THOS, BR310-A2 DRAWING NO. L-16633 SCALE: 1"=50, NO, SUPPLEMENTS DATE: BY APP'D -6- N EXHIBIT "A" LINE DATA TABLE LINE BEARING DISTANCE L5 S22°05'23"W 10.54' L6 N67°54'37"W 12.50' L7 N22°05'23"E 15.00' L8 S67°54'37"E 12.50' L9 S22°05'23"W 5.46' RANCHO DE LA NACION MAP NO. 166 d=49'42'54" R=143.00' L=124,08' Q. PROPOSED 10' ESMT N67'54'37"W / - POINT "B" AREA 2 SEE DETAIL "B" A=54'44.56° R=25,00' L=23,89' REF' PM RN SHEET 3 OF 3 16381 40628 UG ELEC N PARCEL B DETAIL "B" N.T.S. POINT "B" SAN DIEGO GAS & ELECTRIC SAN DIEGO, CALIFORNIA ORIGINATOR: V. WALTERS OK TO INSTALL: LAS PALMAS POOL & REC CENTER E. 22ND CTREET NATIONAL CITY, CA SAN DIEGO COUNTY SURVEYED BY: WHP/RC DRAWN BY: WHP/JLB DATE:10-25-2018 RAY OK: DATE: - TH05. BROS. 1310-A2 PROJECT N0. 300000199246 CONST. N0. 4127838 SCALE: DRAWING N0. L-16633 NO. SUPPLEMENTS DATE: BY APP'D -7- EXHIBIT "B" APN: 561-360-35 THAT CERTAIN 10.00 FOOT WIDE STRIP OF LAND LYING WITHN THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF QUARTER SECTION 128 OF RANCHO DE LA NACION ACCORDING TO THE MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY OF SAN DIEGO RECORDER ON OCTOBER 15, 1916, N THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID 10.00 FOOT WIDE STRIP OF LAND BEING 5.00 FEET, MEASURED AT RIGHT ANGLES, ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT A LEAD AND DISC STAMPED L.S. 5335 ON A 7.00 FOOT OFFSET MEASURED AT RIGHT ANGLES FROM THE WESTERLY RIGHT OF WAY LINE OF NEWELL STREET AS SHOWN ON PARCEL MAP 16381 FILED IN OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON FEBRUARY 15, 1991, SAID POINT BEING 7.04 FOOT MEASURED ALONG THE EASTERLYPROLONGATION OF THE NORTHERLY LINE OF SAID PARCEL MAP, A LEAD AND DISC STAMPED L.S. 5335 ON A 7.00 FOOT OFFSET FROM THE WESTERLY RIGHT OF WAY LINE AS SHOWN ON SAID PARCEL MAP BEARS SOUTH 17°35'42" EAST, 190.76 FEET; THENCE NORTH 19°19'54" WEST 231.14 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF NEWELL STREET, SAID POINT BELNG THE TRUE POINT OF BEGLNNING. THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE SOUTH 69°03'48" WEST, 180.33 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 47°25'30" A DISTANCE OF 82.77 FEET; THENCE TANGENT,TO SAID CURVE SOUTH 21°38'18" WEST, 39.18 FEET TO THE ANGLE POINT DESIGNATED HEREIN AS POINT 'A'; THENCE SOUTH 63°22'07" WEST, 211.93 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE CONTNUNG WESTERLY ALONG TI-IE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43°41' 14" A DISTANCE OF 19.06 FEET TO A POINT OF REVERSE CURVE WITH A 143.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID PONT BEARS NORTH 17 03'21" EAST; THENCE CONTINUING WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°42'54" A DISTANCE OF 124.08 FEET TO A POINT OF REVERSE CURVE WITH A 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 32°39'33" EAST; THENCE CONTINUING WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54°44'56" A DISTANCE OF 23.89 FEET; THENCE TANGENT TO SAID CURVE NORTH 67°54'37" WEST, 25.61 FEET TO THE POINT OF TERMINUS DESIGNATED HEREIN AS POINT' 'B'; TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS OF LAND: Page 1 of 2 -8- EXHIBIT "B" APN: 561-360-35 PARCEL A: BEGINNING AT HEREINABOVE DESCRIBED POINT `A'; THENCE SOUTH 15°11'05" EAST, 5.10 FEET TO THE SOUTHERLY SIDELINE OF THE ABOVE DESCRIBED 10.00 FOOT EASEMENT; THENCE SOUTH 26°37'53" EAST, 4.17 FEET; THENCE SOUTH 63°22'07" WEST, 12.00 FEET; THENCE NORTH 26°37'53" WEST, 4.17 FEET TO TFIE SOUTHERLY SIDE LINE OF SAID 10.00 FOOT EASEMENT. PARCEL B: BEGINNING AT HEREINABOVE DESCRIBED PONT '13'; THENCE SOUTH 22°05'23" WEST, 10.54 FEET; THENCE NORTH 67°54'37" WEST, 12.50 FEET; THENCE NORTFI 22°05'23" EAST, 16.00 FEET; THENCE SOUTH 67°54'37" EAST, 12.50 FEET; THENCE SOUTH 22'05'23" WEST, 5.46 FEET TO THE POINT OF BEGINNING. THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP OF LAND TO BE LENGTHENED OR SHORTENED TO BEGIN IN THE WESTERLY RIGHT OF WAY LINE OF NEWELL STREET. CONTAINING 7,319 SQ FT MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. /o/Z5/,8. RICF OFFNIAN PLS NO. 9312 LICEIRES 9/30/2020 Page 2 of 2 -9- RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MODIFYING EASEMENT LANGUAGE FOR PURPOSES OF CLARIFICATION FOR AN EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY (SDG&E) NECESSARY TO UNDERGROUND, CONSTRUCT AND/OR MAINTAIN ELECTRICAL AND COMMUNICATIONS FACILITIES THAT SERVICE LAS PALMAS MUNICIPAL POOL AND CAMACHO RECREATION CENTER; AND AUTHORIZING THE MAYOR TO SIGN THE AMENDED EASEMENT WHEREAS, City staff is currently working on a project to upgrade electrical systems and provide new service connections for Las Palmas Municipal Pool and Camacho Recreation Center; and WHEREAS, in order to facilitate said work, San Diego Gas & Electric Company (SDG&E) needs to install new conduits, electrical cabling and equipment upgrades through the park, which will require a utility easement; and WHEREAS, on April 16, 2019 Council adopted Resolution No. 2019-41 granting a utility easement to SDGE for the above stated purpose, however, upon further review, SDGE has requested language modifications regarding indemnification and noticing requirements for tree trimming work; and WHEREAS, SDGE's standard indemnity language is now included in the revised easement and has been accepted by the City Attorney; and WHEREAS, notice language of the easement requiring SDGE to notice the City prior to any tree trimming or root removal has been removed because any work performed by SDGE in this regard will require a City Permit and would constitute advanced notice for the work which is acceptable to the Engineering Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby Approves the amended language of the Utility Easement to SDG&E to underground, construct and/or maintain electrical and communications facilities that service Las Palmas Municipal Pool and Camacho Recreation Center. PASSED and ADOPTED this 4th day of June, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney RESOLUTION NO. 2019 — 80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MODIFYING EASEMENT LANGUAGE FOR PURPOSES OF CLARIFICATION FOR AN EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY (SDG&E) NECESSARY TO UNDERGROUND, CONSTRUCT AND/OR MAINTAIN ELECTRICAL AND COMMUNICATIONS FACILITIES THAT SERVICE LAS PALMAS MUNICIPAL POOL AND CAMACHO RECREATION CENTER; AND AUTHORIZING THE MAYOR TO SIGN THE AMENDED EASEMENT WHEREAS, City staff is currently working on a project to upgrade electrical systems and provide new service connections for Las Palmas Municipal Pool and Camacho Recreation Center; and WHEREAS, in order to facilitate said work, San Diego Gas & Electric Company (SDG&E) needs to install new conduits, electrical cabling and equipment upgrades through the park, which will require a utility easement; and WHEREAS, on April 16, 2019 Council adopted Resolution No. 2019-41 granting a utility easement to SDGE for the above stated purpose, however, upon further review, SDGE has requested language modifications regarding indemnification and noticing requirements for tree trimming work; and WHEREAS, SDGE's standard indemnity language is now included in the revised easement and has been accepted by the City Attorney; and WHEREAS, notice language of the easement requiring SDGE to notice the City prior to any tree trimming or root removal has been removed because any work performed by SDGE in this regard will require a City Permit and would constitute advanced notice for the work which is acceptable to the Engineering Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby Approves the amended language of the Utility Easement to SDG&E to underground, construct and/or maintain electrical and communications facilities that service Las Palmas Municipal Pool and Camacho Recreation Center. PASSED and ADOPTED this 4th day of June, 2019. Alejandr.'S> elo-S]�, Mayor ST: 57 Michael R. %alla, City C -rk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on June 4, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-80 of the City of National City, California, passed and adopted by the Council of said City on June 4, 2019. City Clerk of the City of National City, California Bv- Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company P O Box 129831 San Diego, CA 92112-9831 Attn: Real Estate Records — SD 1170 DOC# 201I119-0251I6I0911 Jun 28, 2019 11:43 AM OFFICIAL RECORDS - Erneet J. Dtonenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $113.00 (SB2 Atkins: $75.00) PAGES: 9 Project No. 3-199246 Const. No. 3-199261 A.P.N. No. 561-360-35 SR No. : 257439 RW 369958 SPACE ABOVE FOR RECORDER'S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY air( y -Avow) EASEMENT CJTY OF NATIONAL CITY, (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: 1. Underground facilities, together with aboveground structures consisting.of, but not limited to, pad -mounted electrical equipment, and appurtenances for the transmission and distribution of electricity. 2. Communication facilities, and appurtenances. The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary. Grantee also has 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 Quarter Sections 127, 128, and 134 of Rancho De La Nacion, according to Map thereof No. 166, filed in the Office of the County recorder of said County of San Diego, said portion is more particularly described in Resolution No. 6280, filed at the City of National City, City Clerk, passed and adopted on November 3, 1954. T:LandServices:Non-Records:Ne 'Business: -1- 810236S Rev. 1 A The easement in the aforesaid lands shall be more particularly described on Exhibit "A" and shown and delineated on Exhibit "B", consisting of five (5) sheets, attached hereto and made a part hereof. In order to provide adequate working space for Grantee, Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed any building or other structure, park any vehicle, deposit any materials, plant any trees and/or shrubs or change ground elevation within eight (8) feet of the front of the door or hinged opening of any above ground facility installed within this easement. Grantor grants to Grantee the right to erect and maintain on Grantor's property immediately adjacent to this easement retaining walls and/or protective barricades as may be necessary for Grantee's purposes. 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. 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. 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. Grantee agrees that if Grantee's facilities interfere with the use, repair, or improvement of Grantor's property, Grantee shall relocate its facilities to another location(s) designated by Grantor in Grantor's discretion, reasonably exercised, and at Grantor's expense. The relocation shall take place within 90 days after (1) Grantee has received written notice from Grantor to relocate the facilities; (2) after Grantor has fully reimbursed Grantee for the cost of the facilities relocation; and (3) after Grantor has furnished Grantee with easement(s) acceptable to Grantee for the new location(s). Grantee shall indemnify, defend and hold Grantor harmless from and against all losses, damages, or expenses that Grantor may sustain or become liable for that result from the construction or maintenance of Grantee's facilities and all fixtures and equipment in connection therewith. Such indemnification shall include any losses, damages, or expenses arising solely out of negligence or intentional acts of Grantee but excepting any losses, damages, or expenses resulting from the negligent or intentional acts of the Grantor and third parties. CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING (619) 696-2000, and OBTAINING PERMISSION. 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. T:LandServlces:Non-Records:NewBustness: 810236S Rev. 1 personally appeared This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, pennittees, licensees, agents or assigns of Grantor and Grantee. Drawn: SLS/ Checked: Date: 09 8/2018 (rev. 5/21/2019) 1N WITNESS WHEREOF, Grantor executed this instrument this E day of GRANTOR CITY OF NA O L CITY i r Signature ALEJANDRA SOTELO—SOLIS Print Name MAYOR Title A notary public or other officer completing this certificate verifies only the identity of the individual who siened the document to which this certificate is attached, and not the truthhllness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF go" A"es7o On ,vtw 12O1C , before me1 jVpi v1 Tv.�r o (name, title of officer) R-k34:44'a stbklo —So4.c 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 t. oregoing paragraph is true and correct. WITNESS my hand and official s (SignaturePublic) fl L.indS'rn*es:Nnm Rrcmx&: Ae,rBusb,e .3. No. 2215878 ARV PUBLIC • CALIFORNIA SAN DIEGO COUNTY Commtslco Wes Odoee, 25, 2B21 (Notary Seal) 810136S Rer. A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document. State of California ) County of San Diego ) On Jim- , 2019 before me, Angelita Palma, Notary Public (here insert name and title of the officer), personally appeared lilftiardr+.. k10- go Its 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: Ang otary Public (Seal) C-aScrrawk - P1:RA. Vet -3(00- 3S ANCCEUTA PALMA Commission Na 7216e7e NOTARY PUBLIC-CALIFORNIA 8AN DIEGO COUNTY Conmmbm Expire ONtsr25,2021 EXHIBIT "A" APN: 561-360-35 THAT.CERTAIN 10.00 FOOT WIDE STRIP OF LAND LYING WITHIN THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF QUARTER SECTION 128 OF RANCHO DE LA NACION ACCORDING TO THE MAP THEREOF NO. 166, FILED IN THE OFFICE. OF THE COUNTY OF SAN DIEGO RECORDER ON OCTOBER 15, 1916, IN THE COUNTY OF SAN DTP.GO, STATE OF CALIFORNIA, SAID 10.00 FOOT WIDE STRIP OF LAND BEING 5.00 EEL+T, MEASURED ATRIGHTANGLES, ON EACH SIDE OF THE FOLLOWING -DESCRIBED CENTERLINE: COMMENCING AT A LEAD AND DISC STAMPED L.S. 5335 ON A 7.00 FOOT OFFSET MEASURED AT RIGHT ANGLER FROM THE WESTERLY RIGHT OF WAY LINE OF NBWELL STREET AS SHOWN ON PARCEL MAP 16381 FILED IN OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON FEBRUARY 15,1991, SAID POINT BEING 7.04 FOOT MEASURED ALONG THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID PARCEL MAP, A LEAD ANTS DISC STAMPED L.S. 5335 ON A 7.00 FOOT OFFSET FROM THE WESTERLY RIGHT OF WAY LINE AS SHOWN ON SAID PARCEL MAP BEARS SOUTH 17°35'42" BAST, 190.76 FEET;, THENCE NORTH 19°19'54" WEST 231.14 FEET TO A POINT ON THE WESTERLY RIGHT. OF WAY OF NEWELL STREET, SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE LEAVING SAID. WESTERLY RIGHT OF WAY.LINE SOUTH 69°03'48" WEST, 180.33 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVETHROUGH A CENTRAL ANGLE OF 47°25'30" A DISTANCE OF 82.77 FEET; THENCE TANGENT TO SAID CURVE SOUTH 21°38'18" WEST, 39.18 FEET TO THE ANGLE POINT DESIGNATED HBREIN.AS POINT 'A'; THENCE SOUTH 63°22'07" WEST, 211:93 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE CONTINUING WESTERLY ALONG THE ARC OF SAID CURVE THROUGHA CENTRAL ANGLE OF 43°41'14" A DISTANCE OF 19.06 FEET TO A POINT OF REVERSE CURVE WITH A 143.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE THROUGH SAID POINT BEARSNORTH 17° 03'21" EAST; THENCE CONTINUING WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°42'54" A DISTANCE OF 124.08 FEET TO. A POINT OF REVERSE CURVE WITH A 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 32°39'33" EAST; THENCE CONTINUING 'WESTERLY AND NORTHWESTERLY ALONG MARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54°44'56" A DISTANCE OF 23,89 FEET; THENCE TANGENT TO SAID CURVE. NORTH 67°54'37" WEST, 25.41 FEET .TO THE POINT OF TERMINUS DESIGNATED HEREIN AS POINT 'B'; TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS OF LAND: Page 1 of 2 EXHIBIT ".A" APN: 561-360-35 PARCEL A; BEGINNING AT HEREINABOVE DESCRIBED POINT 'A'; THENCE SOUTH 15°11'05" EAST, 5.10 FEET TO THE SOUTHERLY SIDELINE OF THE ABOVE DESCRIBED 10.00 FOOT EASEMENT; THENCE SOUTH 26°37'53" EAST, 4.17 FEET; THENCE SOUTH 63°22'07" WEST, 12.00 FEET; THENCE NORTH 26°37'53" WEST, 4.17 FEET TO THE SOUTHERLY SIDE LINE OF SAID 10.00 FOOT EASEMENT. PARCEL B: BEGINNING AT HEREINABOVE DESCRIBED POINT `I3'; THENCE SOUTH 22°05'23" WEST, 10.54 FEET; THENCE NORTH 67°54'37" WEST, 12.50 FEET; THENCE NORTH 22°05'23" EAST, 16.00 FEET; THENCE SOUTH 67°54'37" EAST, 12.50 FEET; THENCE SOUTH 22 °05'23" WEST, 5.46 FEET TO THE POINT OF BEGINNING. THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP OF LAND TO BE LENGTHENED OR SHORTENED TO BEGIN IN THE WESTERLY RIGHT OF WAY LINE OF NEWELL STREET, CONTAINING 7,319 SQ FT MORE OR LESS, THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. IUCF LICE /44113 OFFMAN ITS NO.9312 IRES 9/30/2020 Page 2 of 2 DATE; RESOLUTION APN: EXHIBIT RANCHO DE LA MAP NO. OWNER: CITY OF NATIONAL CITY NOVEMBER 3, 1954 NO. 6280 561-360-35 569'03'48 W 160.33' PROPOSED 10' ESMT --0Y/ J�, POR.80 ACRES I ! SW1/4, 8=4725'30° 1/4 SEC. R=100.00' y L=82.7T LEGEND "1" NACION 166 T.P.013 --^'^v44, -"�-�''-- --- a LOT 2 SW 1/4 126 5335" PER PREPARED 8Y ME IN CONFORMANCE ACT ON 10-25-2018. 10 2r IS 30' \ \ i • sk u, 561 -, L s: \E \ \ \l 1 \ Y. `D. \ WAY . N I 1 " �� °= ,1 0R UNDER WITH THE P.O.C. • FOUND LEAD & PARCEL MAP 6381C STAMPED 'L5 • THIS PLAT WAS �pNPL �?ND MY DIRECTION is . 0,T `�.)14 LAND SURVEYORS I¢ z + N.0.9772 * RI H D J COFFMAN * KSEXP. E%P:0l30l20, `Q. I 9rF Cp CAL\� /�// LS 9312 / / PAR. 1 / PM 16381 Apyss APN:561-36� ,� � // WESTERLY 0 • RIGHT -OF 18381 UG: ELEC // /- APN: 561-360-25 i/ APN: 561-360-29 REF: PM. RW 40628 SHEET 1 OF 3 SAN DIEGO GAS & ELECTRIC SAN DIEGO, CALIFORNIA ' ORIGINATOR: ALTERS V. W -OKTO NSTALL: • PROJECT. NO. 300000199246 SURVEYED BY: R/W OK: LAS PALMAS POOL & REC. CENTER E. 22ND STREET NATIONAL CITY, CA . WHPZNIC DRAWNWIiP/JLB DATE: CONST. NO. 8 4127838 DATE:10-25^2018 THOS. B 13Sio_A2 DRAWING L-16633 swat • 1„=50, N0. SUPPLEMENTS DATE: BY APP'D EXHIBIT "6" /\ry '' POINT "A" /0 '`�'� `RE LINE LINE DATA TABLE o 11 G % N LINE BEARING DISTANCE S6S .• ca L1 S15'11'05 E 6,10' " '� . L2 S28°37'53"E 4.17' L3 S63°22'OT'W 12.00' � __' L4 N28°37'53"W 4,17' ✓ PARCEL "A. S21'38'18"W r RANCHO DE LA NACION N.T.S. . 38,13' r , MAP NO. 166 '��N PROPOSED.10' ESMT �)'S%;<y • 363'22'07"W 211.93' ••• �' --- • ��E DETAIL "A" g d=49'42'S4" , L=124 0B' 'i....- I. 4=4341'14" / R=25.80' I� 4=19.06' t-N -� MAP NO. 9128 _/ ��Aka LOT-3 t /�� '/�ICY APN: 563-460-03 REF PM 16381 RW 40628 SHEET 2 OF 3 UG ELEC SAN DIEGO GAS & ELECTRIC SAN DIEGO, CALffORNIA °RiGINA7GRe E, /Rs OK TO INSTALL PROJECT NO. 300000198246 SURVEYED BY: Bit WHP/RC R/W OK COST. NO. 4127838 LAS PALMAS POOL •& REC CENTER E. 22ND CTREET NATIONAL CITY, CA SAN DIEGO COUNTY DRAW BY: WHP/JLB DATE: °A 10-25-2018 TNos. BI 3jo-A2 DRAWING NO. L-18833 WALE: verso' NO. - SUPPLEMENTS DATE BY APP'D EXHIBIT "6' LINE DATA TABLE . LINE BEARING DISTANCE L5 S22°05'23"W 10.54' L6 N67°54'37'W 12.60' L7 N22°05'23"E 16.00' L8 S67°54'37"E 12.60' L9 S22°05'23"W 5.46' RANCHO DE LA NACION MAP NO. 166 . PROPOSED 10' ESMT N67'54'37"W 25.61',_ CL i • AREA 2 POINT 'Tr SEE DETAIL `B' A=54'44'56" R=25.00' L=23.89' REF PM 16381 RW 40628 SHEET 3 OF 3 d=49'42'64' R=143,00' L=124.08' i ' UG ELEC PARCEL 9 DETAIL °B" N.T.S. POINT "B" SAN DIEGO GAS & ELECTRIC SAN DIEGO, CALIFORNIA ORIGINATORt V. WALTERS OK TO INSTALL: LAS PALMAS POOL Be REC CENTER E. 22ND CTREET NATIONAL CITY, CA SAN DIEGO COUNTY SURVEYED WHP/RC PRAWN WHP/JLB DATE:10-25-2016 SOALE: R/W OK: DATE: - THOS. B 13{0-A2 PROJEOT N0. 300000199246 CONST. NO. 4127838 DRAWWO NO. L-16633 N0. SUPPLEMENTS DATE: BY APP'D