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Res 94RESOLUTION NO. 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA CONSENTING TO THE DECLARATION OF ESPOLA ROAD AND TWIN PEAKS ROAD WITHIN THE CITY LIMITS OF POWAY TO BE A COUNTY HIGHWAY WHEREAS, the County of San Diego contemplates the construction and improvement of portions of Twin Peaks Road, from Budwin Lane to Espola Road, and Espola Road, from Twin Peaks Road to the San Diego City Limits at Rancho Bernardo, such portions totaling 3.9 miles in length, in accordance with plans entitled "Espola/Twin Peaks Bikeway" prepared by the County Engineer of the County of San Diego; and WHEREAS, said streets are within the City Limits of the City of Poway; and WHEREAS, all right of way required for the project presently vests in the City of Poway, excepting one parcel described in the Grant of Easement dated March 19, ]981, from the San Diego Gas & Electric Company in favor of the County of San Diego, a copy of which is attached hereto as Exhibit "A#; and WHEREAS, in the opinion of this Council the construction of said streets lying within the City Limits of the City of Poway are of general County interest and will be of general benefit to the County of San Diego; and WHEREAS, under the provisions of the Streets and Highways code of the State of California, Section ]700 to 1704, both inclusive, when the Board of Supervisors by at least a four-fifths vote of the members declares any highway lying in whole or in part within a city to be a County Highway, and upon the taking effect of a city resolution containing the consent of the city thereto, said highway becomes a County Highway with respect to acquisition of right of way, construction, maintenance, improvement or repair; NOW THEREFORE IT IS RESOLVED, ORDERED AND DECLARED that the construction and improvement of portions of Espola Road and Twin Peaks Road, such portions totaling 3.9 miles in length, lying within the City Limits of the City of Poway are of general interest to the County of San Diego. IT IS FURTHER RESOLVED, ORDERED AND DECLARED that the portions of the previously described streets lying within the City Limits of the City of Poway are to be County Highways. IT IS FURTHER RESOLVED, ORDERED AND DECLARED that upon completion of the project all right, title and interest of the county of San Diego in that Grant of Easement dated March 19, ]98], from the San Diego Gas & Electric Company shall be assigned or conveyed to the City of Poway, and all of the rights, privileges, and obligations accruing thereunder shall thereafter inure to the City of Poway, and the County of San Diego shall be relieved therefrom. RESOLUTION NO. 94 Page 2 IT IS FURTHER RESOLVED, ORDERED AND DECLARED that upon the taking effect of this resolution duly and regularly adopted by the City Council of the City of Poway, the above described portions of streets lying within the City Limits of the City of Poway shall become County Highways with respect to the acquisition of right of way, construction, maintenance, improvement, and repair thereof, subject to the passage by at least a four-fifths vote of the Board of Supervisors of the County of San Diego of the resolution attached hereto as Exhibit "B". IT IS FURTHER RESOLVED, ORDERED AND DECLARED that the Clerk of this Council shall forward a copy of this resolution to the Board of Supervisors of the County of San Diego. PASSED AND ADOPTED by the City Council of the City of Poway, California at a regular meeting thereof this 21stday of April, 1981 ATTEST: Clyde/~. Rexrode, Mayor Marjorie K~ Wahlsten, City Clerk SPACE ABOVE FOR RECORDER'S USE GRANT OF EASEMENT SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Grant_or", for valuable consideration, grants to County of San Diego, a political subdivision, hereinafter called "Grantee", an easement and right of way for road purposes and incidentals thereto, through, over, under and across Grantor's land, situated in the un- incorporated area of the County of San Diego, State of California, described as follows: Those portions of the Southwest Quarter of the Southwest Quarter of Section 6, Township 14 South, Range 1 West and the Southeast Quarter of the Southeast Quarter of Section 1, Township 14 South, Range 2 West, San Bernardino Meridian, described as follows: Beginning at the Southwest corner of said Section 6; thence along the Southerly line thereof South 88° 34' 00" East, 325.00 feet to the Southeast corner of land described in Deed to San Diego Gas & Electric Company recorded April 16, 1951 in Book 4054, Page'374 of Official Records of said County of San Diego; thence along the Easterly line of said land North 01° 01' 00" West, 51.00 feet; thence parallel with the Southerly line of said Section 6 North 88" 34' 00" West, 325~00 feet to the Westerly line of said Section 6; thence parallel with the Southerly line of said Section 1 North 89° 19' 00" West, 132.55 feet to the beginning of a tangent 20.00 foot radius curve concave Northeasterly; thence westerly, ~:orthwesterly and Northerly along the arc of said curve through a central angle of 88° 18' 00", a distance of 30.82 feet to a point on the Westerly line of said San Diego Gas & Electric Company's land; thence along said Westerly line South 01° 01' 00" East, 70.42 feet to the Southerly line of said Section 1; thence along said Southerly line South ~9° 19' 00" East, 151.96 feet to the Point of Beginning. 81-0©6~ Grantee, its successors, assigns, agents or con- tractors, shall be responsible for any damage to Grantor's existing facilities occasioned by or arising from the con- struction, operation or maintenance of Grantee's facilities within said Grantor's property. Grantee covenants for itself, its successors, assigns, agents or contractors, that all work in connection with the installation of'Grantee's facilities and appurtenances shall be done in a workmanlike manner and in accordance with standard engineering practices. Grantor reserves unto itself, its successors and assigns, %he right to use the subsurface, surface and air- space thereover, of the hereinbefore described easement and right of way, for the installation of such facilities as it shall now or in the future deem necessary. Such rights shall not be exercised by Grantor, its successors or assigns, in such a manner as to be incompatible with Grantee's instal- lation. Grantee shall at all times indemnify and save harmless Grantor against and pay in full any and all loss, damage or expense that Grantor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state of repair or presence of Grantee's -2- facilities installed hereunder and all necessary and proper fixtures and equipment for use in connection therewith, in- cluding any such loss, damage or expense arising out of the (a) loss or damage to property, and (b) injury to or death of persons, including the defense of any action arising therefrom, excepting any loss, damage or expense and claims for loss, damage or expense resulting in any manner from the negligent act or acts of~Grantor, its contractors, officers, agents or employees. Grantee covenants for itself, its successors and assigns that should Grantee discontinue use of this easement for the purposes set forth herein, then all rights granted in this easement shall terminate and Grantee, upon receipt of written request, shall execute and deliver to Grantor a good and sufficient Quitclaim Deed to all rights herein granted. Grantor, its successors and assigns, shall not be required to bear any portion of the cost of construction, maintenance, alteration, repair, replacement, relocation or removal of Grantee's facilities installed within the easement herein granted, except as specifically set forth in the Agreement for the Dedication of Right-of-Way and Improvements on Twin Peaks Road, between Grantor and Grantee dated ~fC ~ /~'~. /~/ -3- The terms, covenants and conditions of this easement and right of way shall be binding upon and inure to the benefit of Grantor, its successors and assigns, and Grantee, or in any other or altered form it may assume. this ~N WITNESS WHEREOF, we have hereunto set our hand ATTEST: · , ~ecretary SAN DIEGO GAS & ELECTRIC / ~el][, Vic~ P~esident DRAWN CHECKED SKETCH .............. DATE .............. MOPAC ............... P.~.~ ~o.. -4- ~n [)ie~3 G~ & APP.~O',/ED - A.?. SAN DIEGO GAS & ELECTRIC C0r~ANY FORM STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ON THIS 20TH day of MAMCH , 19 81, before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared J.R, BELT , known to me to be the VICE President and W.J. KARIVES , known to me to be the Secretary of SAN DIEGO GAS & ELECTRIC COMPANY, the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand and official seal. Notary Public in and for said County a~St~ e OFFICIAt. ~ CAROL L. MOODY NOTARY ~,UC- CaIFORNIA My ~mmls~n ~p. Jan. 24. RESOLUTION DECLARING ESP0LA ROAD AND TWIN PEAKS ROAD WITHIN THE CITY LIMITS OF POWAY TO BE A COUNTY HIGHWAY ON MOTION OF Supervisor , seconded by Supervisor , the Board of Supervisors of the County of San Diego, by not less than a four-fifths vote heyeby adopts the following resolution: WHEREAS, the County of San Diego contemplates the construction and improvement of portions of Twin Peaks Road, from Budwin Lane to Espola Road, and Espola Road, from Twin Peaks Road to the San Diego City Limits at Rancho Bernardo, such portions totaling 5.9 miles in length, in accordance with plans entitled "Espola/Twin Peaks Bikeway" prepared by the County Engineer of the County of San Diego; and WHEREAS, said streets are within the City Limits of the City of Poway; and WHEREAS, all right of way required for the project presently vests in the City of Poway, excepting one parcel described in the Grant of Easement dated March 19, 1981, from the San Diego Gas & Electric Company in favor of the County of San Diego, a copy of which is attached hereto as Exhibit "~'; and WHEREAS, in the opinion of this Board the construction of said streets lying within the City Limits of the City of Poway are of general County interest and will be of general benefit to the County of San Diego; and WIlEREAS, under the provisions of the Streets and Highways Code of the State of California, Section 1700 to 1704, both inclusive, the Board of Supervisor'.~ may by at least a four-fifths vote of the members declare any MXHIBIT "$" highway lying i~ whole or in part within a city'to be a County Highway, and upon the taking effect of a city resolution containing the consent of the city thereto, said highway becomes a County Highway with respect to acquisition of right Of way, construction, maintenance, improvement or repair; NON TIIEREFORE IT IS RESOLVED, ORDERED AND DECLARED that the construction and improvement of portions of Espola Road and Twin Peaks Road, such portions totaling 3.9 miles in length, lying within the City Limits of the City of Poway are of general interest to ~he County of San Diego. IT IS FURTHER RESOLVED, ORDERED AND DECLARED that the portions of the previously described streets lying within the City Limits of the City of Poway are to be County Highways. IT IS FURTHER RESOLVED, ORDERED AND DECLARED that upon completion of the project all right, title and interest of the County of San Diego in that Grant of Easement dated March 19, 1981, from the San Diego Gas & Electric Company shall be assigned or conveyed to the City of Poway, and all of the rights, privileges, and obligations accruing thereunder shall thereafter inure to the City of Poway and the County of San Diego shall be relieved therefrom. IT IS FURTHER RESOLVED, ORDERED AND DECLARED that upon the taking effect of a resolution duly and regularly adopted by the City Council of the City of Poway containing the consent thereto to this resolution, the above described portions of streets lying within the City Limits of the City of Poway shall become County Highways with respect to the acquisition of right of way, construction, maintenance, improvement, and repair thereof. -2- IT IS FURTIIER RESOLVED, ORDERED AND DECLARED to be the intention of this Board, at such time as said construction and improvements on said portions of roads have been fully completed, to adopt a resolution declaring that all such portions of roads are no longer County Highways. IT IS FURTHER RESOLVED, ORDERED AND DECLARED that the Clerk of this Board shall forward a copy of this resolution to the City Council of the City of Poway. PASSED AND ADOPTED by the Board of Supervisors of the County of San Diego, State of Califonria, this , 1981, by the following vote: AYES: Supervisors NOES: Supervisors ABSENT: Supervisors