HomeMy WebLinkAbout2013 CON (DEED) SDG&E - Aerial Easement Anchorage - 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 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.
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.:
350549-020
2334630
562-220-41
OS-15347
SPACE ABOVE FOR RECORDER'S 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 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 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:data:lraforms:disiributioneasemen/s:ESMTaerial long.doc -1- 800475S
9//97 REV. 02/01 Rev. I
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, permittees, licensees, agents or assigns of Grantor and Grantee.
IN WITNESS WHEREOF, Grantor executed this instrument this 17th day
of December , 20 13 .
Drawn:
Checked:
Date: 09/1
C. Echeverria
THE CITY OF NATIONAL CITY,
A CORPORATION
BY:
NAME:
TITLE:
Ron Morrison
(print name)
Mayor
s:land:data:lraforms:distribution easements:ESMTaerial long.doc -2- 8004Q73S
9//97 REV. 02/01
ReV.1 t,;•
STATE OF CALIFORNIA
COUNTY OF ; Ln i e ri o
On �r�( ( 1 ��� l ,before me U t iT (f� iCi t ((�'-�; RJ P(i (IC
(name, title officer), appeared (; -\ c;-r)
)SS.
who proved to me on the basis of satisfactory evidence to be the person(e)- whose name(s) is/are
subscribed to the within instrument and acknowledged to me that heshy executed the same in
his/he tl: wir authorized capacity(ies), and that by his/her heir signatures on the instrument the
persort(a), or the entity upon behalf of which the perso ) 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:dislribulionease,penis:ESMTaerial long.doc -3- 800475S
9//97 REV02/01 Rev. 1
UTILITY
FACILITIES
i:s: -Pk--
._- N
P839732 N
BILLBOARD
SIGNS
j?
OWNER:
CITY OF NATIONAL CITY
v70 APN 562-220-41N
v,
r'' N
'iO
b \
UTILITY
FACILITIES
O.H.E.
N
N
562
N
N
2011
22
1815
34 &
30th
BAHIA
MAP
N POR.
N POR.
N
N
N
NEW
P251174
& ANCHOR
•
STREET
VISTA
N O .
LOTS 33 &
OF 29TH STREET
N
N
POLE N N
REF• ORDER OF VACATION
REC. AUGUST 2,
DOC. 2011-0392875
EXHIBIT
"A"
SAN DIEGO GAS & 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: 09/11/13
THOS. B1309—H4
DRAWING NO.
OS-15347
SCALE: NONE
NO.
SUPPLEMENTS
DATE:
BY
APP'D
RESOLUTION NO. 2013 — 190
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
Street; and
WHEREAS, the address location for this property is currently 421 West 30th
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 Decem f2013.
ATTEST:
x.,Z
Michael R. Dan,
Ci y Clerk
PPROVED AS TO FORM:
.Li►�►
Claus a 4 itua Silva
City Atto
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on
December 17, 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 lerk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2013-190 of the City of National City, California, passed and
adopted by the Council of said City on December 17, 2013.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: December 17, 2013
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).
AGENDA ITEM NO. 6
PREPARED BY: Stephen Manganiello, City Engineer
PHONE: 619-336-4382
EXPLANATION:
See attached
DEPARTMENT: Engineering & Public Works
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:
t_
1. Explanation
2. Aerial and Anchorage Easement Deed
3. Resolution
u3, No ao‘?_ - ‘c\D
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 - CP 11 D
Project No.:
Const. No.:
A.P.N.:
Sketch No.:
350549-020
2334630
562-220-41
OS-15347
SPACE ABOVE FOR RECORDER'S 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 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 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:lraforms:dis,rjbulion easemenfs:ESMT aerial long.doc -1-
9//97 REV. 02/01
800475S
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, permittees, licensees, agents or assigns of Grantor and Grantee.
IN WITNESS WHEREOF, Grantor executed this instrument this day
of , 20
Drawn:
Checked:
Date: 09/1
C. Echeverria
THE CITY OF NATIONAL CITY,
A MUNICIPAL CORPORATION
BY:
NAME: Ron Morrison
(print name)
TITLE: Mayor
s:land:data:lraforms:distribution easemenis:ESMT aerial long.doc -2- 8004q5S
9//97 REV. 02/01 Re'v. I
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:lrafortns:dislribulion easemenis:ESMT aerial long.doc -3- 800475S
9//97 REV. 02/01 Rev. 1
-3-
UTILITY
FACILITIES
(--- -/CA-----
N
P839732 N
BILLBOARD N
SIGNS N
4.1
OWNER:
CITY OF NATIONAL CITY
APN 562-220-41
Fes-,
'_
C,� Q
b
562
N
N
2011
22
1815
&
30th
BAHIA
MAP
N POR.
N POR.
N
N
NEW
P251174
& ANCHOR
•
STREET
VISTA
N O .
LOTS 33 & 34
OF 29TH STREET
N
POLE \ \
REF ORDER OF VACATION
REC. AUGUST 2,
DOC. 201 1 -0392875
UTILITY
FACILITIES
O.H.E. EXHIBIT
"A"
SAN DIEGO GAS & ELECTRIC
SAN DIEGO, CALIFORNIA
ORIGINATOR:CHenry
OK TO INSTALL:
PROJECT NO.
350549-020
SURVEYED BY:
NONE
R/W OK:
421 W. 30th Street
National City
CONST. NO.
2334630
DRAWN BY:
Echeverria
DATE:
DATE:
09/11/13
THOS. BROS.
1309—H4
DRAWING NO.
OS-15347
SCALE: NONE
NO.
SUPPLEMENTS
DATE:
BY
APP'D
-4-
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. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
Ron Morrison, Mayor