HomeMy WebLinkAbout2013 CON (DEED) SDG&E - Aerial Easement - 421 W 30th StreetNOTE TO FILE
08-20-15
IN THE MATTER OF: 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.
NO FULLY EXECUTED ORIGINAL AND RECORDED EASEMENT
WAS FILED WITH THE OFFICE OF THE CITY CLERK
ORIGINATING DEPARTMENT:
NTF
CDC _ Housing & Grants
City Attorney Human Resources
City Manager MIS
Community Svcs. _ Planning
X Engineering _ Police
Finance Public Works
Fire Nutrition Center
Successor Agency
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.:
Const. No.:
A.P.N.:
Sketch No.:
350549-010
Service
562-220-41
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:lrafornts:distribulioneasemenls:ESMT aeriallong.doc -1- 800475S
9//97 REV. 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 7th day
of May , 20 13 .
Drawn:
Checked:
Date:
C. Echeverria
04/18/
THE CITY OF NATIONAL CITY,
A MUNICRPORATION
BY:
NAME:
TITLE:
BY:
Ron Morrison
(print name)
Mayor
NAME:
TITLE:
(prt name)
s:land:data:Iraforms:distrlbutioneasements:ESMT aerial long.doc -2- 800475S
9//97 REV. 02/01 Rev. 1
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO )SS.
On May 8, 2013 , before me Virginia Miller, Notary Public,
(name, title of officer), appeared Ron Morrison
who proved to me on the basis of satisfactory evidence to be the person,) whose name(s)- is/are—
subscribed to the within instrument and acknowledged to me that he/shefthey-'executed the same in
his/her/their- authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(2), or the entity upon behalf of which the persons 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 /4t-
--
VIRGINIA MILLER
Commission # 1874998
Notary Public - California
San Diego County
M Comm. E Ires " 26 2013
s:land:data:Iraforms:distributioneasements:ESMTaerial long.doc -3- 800475S
9//97 REV. 02/01 Rev. 1
UTILITY
FACILITIES
P839732 \
\
\
PROPOSED \
BILLBOARD \
OWNER:
CITY OF NATIONAL CITY
APN 562-220-41
I
1-4
b
O.H.E.
\
EXHIBIT
30th
BAHIA
MAP
POR.
POR.
"A"
562
VACATION
2, 2011
&
OF
AUGUST
2011-0392875
STREET
VISTA
NO. 1815
LOTS 33 & 34
OF 29TH STREET
REF: ORDER
REC.
DOC.
SAN DIEGO GAS & ELECTRIC
SAN DIEGO, CALIFORNIA
ORIGINATORM:Rivers
OK TO INSTALL:
PROJECT NO.
350549-010
SURVEYED BY:
NONE
R/W OK:
421 W. 30th Street
National City
CONST. NO.
Service Order
DRAWN BY:
Echeverria
DATE:
DATE: 04/18/13
1THOS. BROS.
DRAWING NO.
OS-15217
SCALE: NONE
NO.
SUPPLEMENTS
DATE:
BY
APP'D
RESOLUTION NO. 2013 — 61
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, 201
on Morrison, Mayes
ATTEST:
A
Mi ael R. Dall.'City Clerk
ROVED AS ue FORM:
is Gacitua
City Attorney
Passed and adopted by the Council of the City of National City, California, on May 7,
2013 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City Clerk of the City
National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2013-61 of the City of National City, California, passed and adopted
by the Council of said City on May 7, 2013.
City Clerk of the City of National City, California
By:
Deputy '
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
�rdo\3-3
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
RESO\,V•\\0\-.. Noo. (a0\22-(\
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.:
Const. No.:
A.P.N.:
Sketch No.:
350549-010
Service
562-220-41
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:lraforms:distributioneasements:ESMT aerial long.doc -1- 800475S
9//97 REV. 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
THE CITY OF NATIONAL CITY,
A MUNICIPAL CORPORATION
BY:
NAME:
TITLE:
BY:
(print name)
NAME:
TITLE:
(print name)
s:land:data:lraforms:distributroneasements:ESMT aerial long.doc -2- 800475S
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
s:land:data:lraforms:distributioneasements:ESMTaerial long.doc -3- 800475S
9//97 REV. 02/01 Rev. 1
UTILITY
FACILITIES
P839732
PROPOSED \
BILLBOARD
OWNER:
CITY OF NATIONAL CITY
APN 562-220-41
IX
+-.4
r
0
b
O.H.E.
EXHIBIT
562
rj
VACATION
2, 2011
&
OF
AUGUST
2011-0392875
30th STREET
BAHIA VISTA
MAP NO. 1815
POR. LOTS 33 & 34
POR. OF 29TH STREET
REF: 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
CONST. NO.
Service Order
DRAWN BY:
Echeverria
DATE:
DATE: 04/18/13
1THOS. BROS.
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
I.
tr` �l a.
N,v
'/.. rik,°2A'f!D
June 9, 2014
City of National City
Office of the City Clerk
1243 National City Blvd., National City, CA 91950-4397
Michael R. Dalla — City Clerk
(619)336-4226 (619) 336-4229
TO: Kuna Muthusamy, Assistant Director, Engineering / PW
FROM: Michael Dalla, City Clerk
SUBJECT: Encroachment Agreement — 421 West 30th Street / SDG&E
There is an additional easement approved by the City Council that we have no record
being recorded.
On May 7, 2013 the City Council granted an easement to SDG&E for overhead utility
facilities at 421 W. 30th Street (Resolution 2013-61).
The original Easement was given to Lynn Cole in Engineering on May 13, 2013 to
forward to SDG&E for recording. As of today our office has not received a recorded
copy or anything to indicate that the document was recorded.
Please add this to the two similar items addressed in my June 4th memo and advise.
cc: Steve Manganiello
Claudia Silva
Esther Clemente
From: Mike Dalla
Sent: Tuesday, July 22, 2014 11:32 AM
To: Kuna Muthusamy
Cc: Esther Clemente
Subject: Encroachments 06-09-14
Attachments: Encroachments 06-09-14.doc
Anything new on this? MD
1
Esther Clemente x- A eI k Mi E A s M E \� N- S 0 G 4
From: Kuna Muthusamy
Sent: Tuesday, July 22, 2014 11:33 AM
To: Mike Dalla
Cc: Esther Clemente
Subject: RE: Encroachments 06-09-14
Mike,
I thought I had this wrapped up. Pls let me check.
kuna
From: Mike Dalla
Sent: Tuesday, July 22, 2014 11:32 AM
To: Kuna Muthusamy
Cc: Esther Clemente
Subject: Encroachments 06-09-14
Anything new on this? MD
1