Res 108 RESOLUTION NO. lO8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, AUTHORIZING GRANT OF EASEMENT TO SAN DIEGO
GAS & ELECTRIC COMPANY FOR ELECTRIC SERVICE TO CITY'S
ALTA MIRA (SERVICE AREA VI) RESERVOIR
WHEREAS, CITY OF POWAY, pursuant to the provisions of Section 50335
of the California Government Code may grant easements with respect to
its real property; and
WHEREAS, the City Manager has recommended that the easement attached
to this Resolution be granted by the City; and
WHEREAS, this City Council determines that it is in the interest of
the City that said easement be granted;
NOW, THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the CITY OF
POWAY, CALIFORNIA, as follows:
1. That the easement attached hereto and marked Exhibit "A" is
hereby granted; and
2. That the Mayor and the City Clerk are hereby authorized and
directed to execute said easement on behalf of the City.
PASSED and adopted by the City Council of the City of Poway,
California, at a regular meeting thereof this 2nd day of June ,
1981.
ATTEST:
Marjoriel~ Wahlsten, City Clerk
Recording Requested by
SAN DIEGO GAS & ELECTRIC COMPANY
When Recorded
Mail to: SDG&E, P. O. Box 1831
San Diego, CA 92112
ATTN: Office Services, Room 611
.SPACE ABOVE FOR RECORDER'S USE
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMPANY
EASEMENT
CITY OF POWAY, successor in interest to
/.POWAY MUNICIPAL WATER DIS/qlICT, a public corporation, (Grantor), for valuable
consideration, 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. Poles, wires, cables and appurtenances for the transmission and
distribution of electricity.
2. Underground facilities and appurtenances for the transmission and
distribution of.electricity.
3. Pipelines and appurtenances for any and all purposes.
4. Communication facilities, overhead and/or underground 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 the Northwest Quarter of the Southwest Quarter of
Section 32, Township 13 South, Range 1 West, San Bernadino Meridian,
described in a Deed recorded January 21, 1971 at Recorder's File/Page No.
11951 of Official Records of said County of San Diego.
The said easement in the aforesaid lands shall be 12.00 feet in
width, being 6.00 feet measured at right angles on each side of the following
described center line:
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EXHIBIT "A"
Commencing at the Northwest corner of Parcel 1, as shown on Parcel
Map No. 9515, filed December 20, 1979 at File No. 79-531989 in the office of
the County Recorder of said County of San Diego; said corner bears North 01°
06' 13" East from the Southwest corner thereof; thence leaving said Northwest
corner North 81° 29' 23" West, 433.31 feet; thence South 89° 09' 16" West,
186.44 feet to the TRUE POINT OF BEGINNING of the center line herein
described; thence from said TRUE POINT OF BEGINNING retracing North 89° 09'
16" East, 618.12 feet.
Grantor grants to Grantee the right to erect and maintain on Grantor's
propertyadjacent to this easement such anchorage 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.
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 The Pacific Telephone and Telegraph
Company and/or to other companies providing utility or communication facilities.
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.
CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, AND PIPELINES b~Y CARRY
VOLATILE b~TERIALS, 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 232-4252, and OBTAINING PERMISSION.
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.
-2- 81-0229-S
IN WITNESS WHEREOF, Grantor executed this instrument this
day of , 19
POWAY MUNICIPAL WATER DISTRICT,
A PublicfCorporation _
Marjori~ K. Wahlsten, City Clerk
Drawn Dehesa kj
Checked
Sketch C-4197
Date 5-13-81
MOPAC 19957-01
Const. No. 5807680
A.P. No. 278-181-01
State of California )
County of San Diego ) SS
On before me, the undersigned, a Notary Public in and
for said State, personally appeared CLYDE E. REXRODE, known to me to be the Mayor, and
MARJORIE K. WAHLSTEN, known to me to be the City Clerk of the CITY OF POWAY, and known
to me to be the persons who exected the within instrument on behalf of said public
corporation, agency or political subdivision, and acknowledged to me that such public
corporation, agency, or political subdivision executed the same.
WITNESS my hand and official seal.
Signature
(Seal)
Name (typed or printed)
-3- 81-0229-S