Res 87-034RESOLUTION NO. 87-034
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
GRANTING AN ENCROACHMENT PERMIT TO
SAN DIEGO GAS AND ELECTRIC COMPANY FOR
THE INSTALLATION OF GAS LINES AND APPURTENANCES
UNDER, UPON, AND ACROSS CITY OF POWAY
OPEN-SPACE EASEMENT IN LOT 2, STONERIDGE
UNIT NO. 1, MAP NO. 7550
(STONERIDGE COUNTRY CLUB CONDOMINIUM DEVELOPMENT)
WHEREAS, San Diego Gas and Electric Company (SDG&E) has no long-term provi-
sions for gas service to the condominium homes in Lot 2, Stoneridge Unit No. 1,
Map No. 7550; and
WHEREAS, said Lot 2 is encumbered by an open-space easement granted to the
County of San Diego upon said map's recordation on February 14, 1973; and
WHEREAS, the City of Poway became the successor in interest to said open-
space easement upon its incorporation in 1980; and
WHEREAS, the installation of gas service lines and appurtenances under,
upon, and across said open-space easement is permissible under the conditions
stated therein in the open-space easement dedication certificate on said Map No.
7550; and
WHEREAS, the installation of gas service lines is a benefit to the con-
dominium homeowners in said Lot 2; and
WHEREAS, the installation of underground gas service lines will not impair
the public's use or enjoyment of the open space, is consistent with all open
space ordinances, General Plan, and policy requirements, and constitutes a minor
change to Map 7550.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Poway
does determine and order as follows:
The City of Poway does hereby grant an encroachment permit (Attachment
"2A") to SDG&E for the installation of gas lines and appurtenances
under, upon, and across City of Poway open-space easement on Lot 2,
Stoneridge Unit No. 1, Map No. 7550.
e
The City Clerk is hereby authorized and directed to certify to the
passage of this resolution and to cause its recordation in the Office
of the Recorder of San Diego County.
LiNDUCE TARZY, Mayor
B EMERY, Deputy Mayor
A BRANNON, Councilwoman
DON HIGGINSON, Counciln~n
CARL R. KRUSE, Councilman
CITY OF POWAY
ENCROACHMENT PERMIT NO. E-482-87
The CITY OF POWAY (herein called CITY), does hereby grant to SAN DIEGO GAS
AND ELECTRIC COMPANY (herein called PERMITTEE) permission to encroach
over/within the City's existing open-space easement over, upon, and across Lot
2, Stonerid§e Unit No. 1, Map No. 7550 for purposes of installed gas service
lines and appurtenances.
The limits of said encroachment are as shown on Exhibit A attached hereto
and made a part hereof.
Said permission is given subject to, and PERMITTEE by accepting the same,
agrees to the following conditions:
1. The consent granted herein by CITY shall at all times be subject to the
right of CITY to operate and maintain, and from time to time to reconstruct,
alter, and improve any existing works of the CITY on CITY's easement, without
liability for damages to the facilities of PERMITTEE.
2. It is understood that said lands are not owned by CITY, that the con-
sent contained herein relates only to the prior rights of CITY by virtue of its
easement in said lands, and nothing contained herein shall be deemed a represen-
tation by CITY of the right to grant an encroachment permit over said lands or
any other rights which are reserved to the owner or other persons;
3. If grading is required, not more than 0 inches of cut or 0 inches
of fill will be permitted on CITY's easement.
4. No other utilities or improvements other than those described above
will be permitted along or across the easement. If other utilities or improve-
ments are proposed, an additional encroachment permit will be required;
5. PERMITTEE shall not unreasonably interfere with the facilities of CITY
or with access by CITY over patrol roads during construction. PERMITTEE will
establish grades which in the opinion of CITY will provide easy access across
the encroachment after completion;
6. That all of CITY's facilities in the easement area are to be fully
protected in a manner satisfactory to CITY after construction;
ATTACHMENT 2A
City Hall Located at 13325 Civic Center Drive
Address: P.O. Box 789, Poway, California 92064 ° (619) 748-6600, (619) 695-1400
ENCROACHMENT PERMIT
PAGE 2
7. That CITY will not be liable for any damage to the
proposed construction on CITY's easement resulting from future
operation of the CITY's facilities, or from the construction
of any additional facilities by CITY within the easement.
8. That PERMITTEE be responsible for any damage which
may occur to CITY's facilities and open-space easement by
reason of the construction, location, or maintenance of
PERMITTEE's facilities, and for the cost of any relocation of
the facilities installed within the easement by PERMITTEE should
such relocation become necessary by reason of the construction
by CITY of additional facilities or appurtenances thereon;
9. That PERMITTEE shall furnish CITY with "as-built"
drawings after the work has been completed.
10. That CITY, its officers, employees, agents and directors
shall not be answerable or accountable in any manner for any loss
or damage that may happen to PERMITTEE's facilities or any part
thereof; for any loss or damage to any of the materials, equipment
or other things used or employed in constructing the same; for
injury to or death of any person either workmen or the public or
for damage to property from any cause arising out of PE~ITTEE's
use of CITY's easement, or the construction and maintenance of
facilities thereon. PERMITTEE shall be solely responsible for
all of the foregoing. PERMITTEE shall hold harmless, indemnify,
and defend CITY, its directors, officers, employees and agents,
from all claims, suits or actions of every name, kind and
description, including attorneys' fees, brought for, or on
account of, injuries to or death of any person or damage to
property resulting or alleged to have resulted from PERMITTEE's
use of CITY's easement or the construction and maintenance of
facilities thereon; except those caused by CITY negligence or
willful misconduct.
11. That CITY is to be without cost or expense of any kind
in connection with this permit.
This permit is granted pursuant to action taken by the CITY
OF POWAY on March 24, 1987.
ACCEPTED:
By.
Directo~ %f/Public Services
Date ~t~ t~
Resolution No. 87-034
Page 2
PASSED, ADOPTED AND APPROVED, by the City Council oi~ the City oi~ Poway,
Calil=ornia, at a regular meeting thereol~ this 24th day ol= March, 1987.
Bruce J. TarZ~l~oyo~~
ATT EST:
Marjorie K. Wahlsten, City Clerk