HomeMy WebLinkAbout2019 CON (GRANT DEED) San Diego Gas and Electric (SDG&E) - Las Palmas Municipal Pool and Camacho Recreation CenterNOTE 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:
NTF
CDC _ Housing & Economic Development
City Attorney Human Resources
City Manager MIS
Community Svcs. _ Planning
Police X Engineering/Public Works
Finance
Fire
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# 2019-0256091
1111131111111111111111111,1111111111111111111111111111111
Jun 28, 2018 11:43 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, 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
EASEMENT
y: Avow.
CITY 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
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. LandServices:Non-Records.•NewBusiness: -2- 810236S
Rev. 1
personally appeared
This easement shall he binding upon and inure to the benefit of successors, heirs, executors,
administrators, pennittces, 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 g day of
20
GRANTOR
CITY OF NA 0 CITY
l /Ar
.•
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 signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF Sorg• Dee-tb
On ju, i- ' 12014% , before me fr t't. 11r. _ I NICAviel Po bI a
(name, title of officer)
A1/3.4r41r'► Co 6,10 —colt
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 lusher/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. a oregoing paragraph is
true and correct.
WITNESS my hand and official s
(Signature `o Public)
r:l.undSer icer:Nnn-Error As: NeirBesinexs:
-3-
ALMA
No. 221ee7e
ARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
Commission Expires October 25, 2021
(Notary Seal)
81023 S
Rev. !
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 t)Ur--e., , 2019 before me, Angelita Palma, Notary Public (here insert name and title
of the officer), personally appeared Mcjtrd►' ,t{-c-(o- SaLs
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&sc-rr•� Pr•PI\I. Set -3(0)- 3S
ANdELITA PALMA
Commission No. 2215078
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
Commbsbn Expires Oc$ ber 25, 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 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 CEN 1'ERLINE:
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 EASTERLY PROLONGATION OF THE
NORTHERLY LINE OF SAID PARCEL MAP, A LEAD AND DISC STAMPED L.S. 5335 ON
A 7,00 FOOT OFFSET FROM THE WES 1'ERLY 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 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
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 CONTINUING WESTERLY ALONG TIIE 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 POINT BEARS NORTH 17° 03'21" EAST;
THENCE CONTINUING WES 1'BRLY 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
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 `B'; 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.
kitsh 8
RICI /OFFMAN PLS NO. 9312
LICE FIRES 9/30/2020
Page 2 of 2
OWNER:
DATE:
RESOLUTION
APN:
c',l
EXHIBIT "P1"
RANCHO DE LA NACION
MAP NO. 166
T,P.O,B
CITY OF NATIONAL CITY
NOVEMBER 3, 1954 �v.-'"
l'--
NO. 6280 S69'03'48"W --'
561-360-35 180.33' -'' !"� .
' .
c, PROPOSED 10' ESMT- -- - '- ,,
. i --'' O.
' .' -/ POR. 80 ACRES LOT 2
,/ , SW1/4, SW 1/4
/i A=47'25'30" 1/4 SEC. 128
i R=100.00
�/ L=82.77'
N
\
561
1
\-24
1
, til
i
\2 t
`x c°,s `�
cO
oi
,�
1�
\ � 1
N
� LEGEND
\36J
N
A FOUND LEAD & DISC STAMPED "LS 5335" PER �\
PARCEL MAP 16381. �'
1
a
\pNPl' LAND
�o J , co ,p4,
o
THIS PLAT WAS PREPARED BY ME OR UNDER `i
MY DIRECTION (N CONFORMANCE WITH THE `
LAND SURVEYORS ACT ON 10-25-2018. P.O.C, ,
!'L. . Jcf r/IS �-'� I
\ 1
N
PI.S NO.0312
EXP.9/30/202o Rl H RD J,y�COFFMAN LS 12 P� 1 \I ".
TF ��
� CAL�F0��
\ PM 16381 N„
`
---- Ap ' `APN: 561-360--51 i
-' . Ss t '.�' �` o
�---- � APN: 561-360-25 ,\3SO`2y \ �. RIGHT-OF-WAY `
APN. 561-360-29 \ 1
REF: PM.16381
RW 40628
SHEET 1 OF 3 UG ELEC
SAN DIEGO GAS & ELECTRIC
SAN DIEGO, CALIFORNIA
ORIGINATOR:
V. WALTERS
OK TO INSTALL:
PROJECT NO,
300000199246
SURVEYED BY:
WHP/RJC
R/W 0K:
CONSr, No,
4127838
LAS PALMAS POOL & REC. CENTER
E. 22ND STREET
NATIONAL CITY, CA
DRAWN WHP/JLB
DATE:
DATE:10-25-2018
THOS. BROS.
1310-A2
DRAWING NO.
L-16633
SCALE: 1"T50,
NO.
SUPPLEMENTS
DATE:
BY
APP'D
EXHIBIT "6"
Q2 ` POINT "A"
TIE LINE
LINE DATA TABLE
0��
N
LINE
BEARING
DISTANCE
S6��y2a�"9
`• 'G
L1
S15°11'05"E
5,10'
r' \'
L2
S26°37'53"E
4.17'
„��� .,
L3
S63°22'07"W
12.00'
N-Yr \ "' ��
L4
N26°37'53"W
4,17'
----- i
1
n
N I
PARCEL A S21'38'18"W
DETAIL "A" ;
RANCHO DE LA NACION N,T.S. 39,18' ' ,
MAP NO. 166
c. PROPOSED 10' ESMT "\�. '. I
.^
" S63'22'07"W 211,93' ���,, ;ter- SEE DETAIL "A" Q
d=49'42 54
R=143.00' `1''; ,�' �,.''� a
L=124:08' `��� .'„�/ '' .• °
\cP
0 ,r
1 �'' '�.''�' '�j0,
_ __' \ i'
I / d=4.3'41' 14"
/ R=25.00'
-/ 1=19.06' i -'
/ _ —\
_// -- 561 MAP NO. 91281
/ LOT-3
,,,
Li
cn
.--`'�
1
'--' 36 APN: 563-460-03 1
REF. PM 16381
RW 40628
SHEET 2 OF 3 UG ELEC
SAN DIEGO GAS & ELECTRIC
SAN DIEGO, CALIFORNIA
ORIGINATOR:
V. WALTERS
OK TO INSTALL:
PROJECT NO.
300000199246
SURVEYED BY:
WHP RC
R/W OK:
coNsr, NO.
4127838
w
LAS PALMAS POOL & REC CENTER
E. 22ND CTREET
NATIONAL CITY, CA
SAN DIEGO COUNTY
DRAWN BY:
WHP/JLB
DATE:
DATE:10- 26-2018
THOS. BROS.
1310-A2
DRAWING NO.
L-16833
SCALE: 1"=50'
NO.
SUPPLEMENTS
DATE:
BY
APP'D
EXHIBIT "6' /-
Q?`�SS13
LINE DATA TABLE
��
7
LINE
BEARING
DISTANCE
/ '-.��
N
L5
S22°05'23"W
10.54'
^ /
v/
L6
N67°54'37"W
12.50'
L7
N22°05'23"E
16.00'
(%-V - POINT "B"
L8
S67°54'37"E
12.50'
`•, �'
'-'-�/
L9
S22°05'23"W
5.46'
\ Z6
RANCHO DE LA NACION
MAP NO. 166
d=49'42'54"
R=143.00'
L=124.08'
PROPOSED 10' ESMT J,
N67'54'37"W o`'o'
25.61:,_ ,�,
POINT "B"
AREA 2
SEE DETAIL "B"
A=54'44'56*
R=25, 00'—
L=23 89'
561
,
F
I
PARCEL B
DETAIL "B"
N.T.S.
N
36
REF, PM 16381
RW 40628
SHEET 3 OF 3 UG ELEC
SAN DIEGO GAS & ELECTRIC
ORIGINATOR:
V. WALTERS
OK TO INSTALL:
PROJECT NO.
300000199246
SAN DIEGO, CAUFORNLA
SURVEYED BY:
R/W OK:
CONST. No,
4127838
LAS PALMAS POOL & REC CENTER
E. 22ND CTREET
DRAWN BY:wHP/RC
WHP/JLB
DATE: -
NATIONAL CITY, CA
DATE:10--25-2018
THOS. BROS.
1310—A2
DRAWING NO,
L-16633
SAN DIEGO COUNTY
SCALE:1"=50'
NO.
SUPPLEMENTS
DATE:
BY
APP'D1
Alejandr-'S elo- , Mayor
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.
AT EST:
Michael R. alla, City C -r
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
Deputy
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
and ublic Works
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED: MIS
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
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:
N/A
ATTACHMENTS:
Explanation
2. Easement Grant Deed
3. Resolution
leesal��ey► 7i0. gof q. S'v
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
POBox 129831
San Diego, CA 921 1 2-9831
Attn: Real Estate Records — SDI 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 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.
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. LcndSenaces! cm-Records:NewBusiness:
8/0_36S
Rev. 1
-2-
The casement 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 fbr 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 casement was prepared by San Diego Gas & Electric Company
pursuant to Section 8730 of the Business and Professions Code, State of California.
T La, dSen7cern-Records::Vew Swdness: -'- 8u 236S
Rev. 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 siened
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 signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
[ 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)
T. LandSercirec:,tibn-Records: NetrBusinesa': .3. 810236S
Rei. I
(Notary Seal)
-4-
OWNER:
DATE:
RESOLUTION
APN:
N
EXHIBIT "A" \
RANCHO DE LA NACION .5:__: ----\
MAP NO. 166
T.P.O.B \ ` N
CITY OF NATIONAL CITY
NOVEMBER 3, 1954 -
NO. 6290 ' " -' -_____--_,.. \ tZ
561-360-35 --�
S69 03 48 W -,
180.33'- j�''- ` 'C`
c. PROPOSED 10' ESMT — -'�-- \ \\ 7
- o- 1 \ till
,'/.'�-'- POR. 80 ACRES LOT 2 N tP. 1 CV
/S1Y1/4, SW 1/4 1� cc \
; d=47'25'30" 1/4 SEC. 128 \;
/ R=100. 00'
' `/ L=82.77' 561 `,` 1
1-0
/ LEGEND 36
/ �k
N
w
rn
♦ FOUND LEAD & DISC STAMPED "LS 5335" PER �\\ i
PARCEL MAP 15381.
1', 1
THIS PLAT WAS PREPARED BY ME OR UNDER
L Lq'� MY DIRECTION IN CONFORMANCE WITH THE \�
( o
a
\p
5 �� ,p�
cP
CL z
LAND SURVEYORS ACT ON 10-25-2018 P.O.C. \ \
I
a 4"'� Ivvtrbs _____ \,
Pi.sriO.9312 1. R1(H RD J;fCOFrMAN LS 9J12 — �\ ":
n �
` EXP.9/30/2020 Q 1 /� PAR 1
Y
9TF of CA\-� �' \ PM 16381 \ �,
�`
�.�� 4A� \ APN:561-360-51 i `11
/ LP
1 ✓ Ss \.,..„....-- �/ \ o
� \ I�360\ � WESTERLY \ �'-
�� APN: 561-360-25 9 RIGHT-OF-WAY \\
— APN; 561-360-29 \ \ 1
REF: PM. 16381
RW 40628
SHEET 1 OF 3 UG ELEC
SAN DIEGO GAS & ELECTRIC
SAN DIEGO, CALIFORNIA
ORIGINATOR:
V. WALTERS
OK TO INSTALL:
PROJECT NO.
300000199246
SURVEYED BY:
WHP/RJC
R/W OK:
CONs.r. NO.
4127838
LAS PALMAS POOL & REC CENTER
E. 22ND STREET
NATIONAL CITY, CA
DRAWN BYNHP/JLB
DATE:
DA E:10-25-2018
THOS. B 1310—A2
DRAWING NO,
L-16633
SCAa-: 1,1_50'
O.
SUPPLEMENTS
DATE:
BY
APP'D
-5-
EXHIBIT "A"
02�5512 ' I` POINT "A"
' TIE LINE
DATA TABLE
\ `
N
LINE
G
BEARING
TA�l�c
56-S'L`1-o,
I
L1
S15°11'05"E
5.10'
L2
S26°37'53"E
4.17'
�_' ���
L3
S63°22'07" vV
12.00'
<s- --'�'S Jl
L4
N26°37'531W
4,17'
-____.---
M
w,,.
R
``'
`1'
PARCEL A S21'38'18"W ,
DETAIL "A"
N.T.S.39.18 ��__ti /
RANCHO DE LA NACION I / ,,�
MAP NO. 166
Q PROPOSED 10' ESMT \ � ;
S63'22'07"W 211.93'/�/ �'-�-
9
6=49'42'54" .-'' _ -.''� SEE DETAIL "A" z
s -1
R=143.00' °'rn, ����
L=124.08' ` J; �� �,,' '
' _ ----- _
% _
/ d=43'41'14"
R=25.00'
I 1 �I L=19.06'
•1v / — _--
i �� MAP N 0 . 9128 \
561
r-
N
w
v)
---� LOT-3
'�_` 36 APN: 563-460-03
REF. Pk 16381
RW 40628
SHEET 2 OF 3 UG ET.EC
SAN DIEGO GAS & ELECTRIC
SAN DIEGO, CALIFORNIA
ORIGINATOR:
V. WALT�RS
OK TO INSTALL:
PROJECT NO.
300000199246
SURVEYED BY:
V1HP/RC
R/W OK:
CONST. NO.
4127838
LAS PALMAS POOL & REC CENTER
E. 22ND CTREET
NATIONAL CITY, CA
SAN DIEGO COUNTY
DRAWN 6Y:
WHP/JLB
DATE:
DATE:10-25-2018
THOS. ER S. 310-A2
DRAWING NO.
L-16633
SCALE:1"=50'
NO.
SUPPLEMENTS
DATE:
+ BY
APP'D
-6-
EXHIBIT "A" ,---`
LINE DATA TABLE
o2�s
7
LINE
BEARING
DISTANCE
ti(7-
' (8
N
L5
S22°05'23" W
10.54
r
L6
N67°54'37" ITV
12.5C'
I r `�`�,
I
L7
N22°05'23"E
16.0G'
rr hr� POINT "B"
L8
S67'54'37"E
12.5C'
C`-� Vr
,
S22'05'23" \N
5.46'
� ` 1
`L9
RANCHO DE LA NACION
MAP N O . 166
d=49'42'54"
R=143.00'
L=124.08'
q PROPOSED 10' ESMT ,,
N67'54'37"W `',;�
25.611�_ ....
P` ,
r\1 \ J
1 r<L �., i �,'Fl
v '�
POINT "B"
AREA 2
SEE DETAIL "B"
A=54'44'56"
R=25.00'
L=23.89'
561
PARCEL 8
DETAIL "B"
N.T.S.
CV
LJ
36
REF' PM 16381
RN 40628
SHEET 3 OF 3 UG ELEC
SAN DIEGO GAS & ELECTRIC
SAN DIEGO, CALIFORNIA
ORIGINATOR:
V. WALTERS
OK TO INSTAL
PROJECT NO.
300000199246
SURVEYED BY:
WHPRC
VW OK:
LAS PALMAS POOL & REC CENTER
E. 22ND CTREET
NATIONAL CITY, CA
SAN DIEGO COUNTY
caNST. NO.
4412783a
DRAWN B WHP/J1 E.
DATE:
D.4Te:
10-25-2018
rats. B>:os
1310—A2
DRAWING NO.
L-16633
SCALE: 1"=50'
NO.
SUPPLEMENTS
DATE:
BY
APP'D
-7-
EXHIBIT "B"
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 1.5, 1916,
I I 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 N 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 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 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 SOUTHWES TERLY 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 CONTINUING WESTERLY ALONG THE 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 POINT BEARS NORTH 17° 03'21" EAST;
THENCE CONTINUNG 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 CONTINUNG 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 PONT OF TERMINUS DESIGNATED HEREIN AS POINT 'B';
TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS OF LAND:
Page 1of2
-8-
EXHIBIT "B"
APN: 56I-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 `B'; 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.
/n/tsh 8
RIC I OFFMAN PLS NO. 9312
LICE" 'IRES 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