Res 88-053RESOLUTION NO. 88-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, GRANTING AN ELECTRICAL EASEMENT AND RIGHT-OF-WAY TO
SAN DIEGO GAS AND ELECTRIC COMPANY WITHIN THE
NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 13,
TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDIN0 MERIDIAN
WHEREAS, Development Review 86-21 was approved by the City
Council of the City of Poway for the development of Poway Plaza
Center located at the Southwest corner of Poway Road and Community
Road per Resolution No. P87-08 on February 24, 1987, and
WHEREAS, in said resolution, a condition was imposed for the
undergrounding of overhead utility lines along the streets con-
tiguous with the Poway Plaza Center Development, and
WHEREAS, said undergrounding is for the existing overhead
utility lines along Comr~unity Road and Civic Center Drive by the
developer of said Poway Plaza Center, and
WHEREAS, San Diego Gas and Electric Company installed electri-
cal facilities after approval by City staff within a segment of
their overhead lines along Community Road fronting the City of
Poway's Safety Services Department building which is appurtenant to
the undergrounding of said utility lines in said Poway Plaza
Center, and
WHEREAS, said facilities are within the area set aside for
building setback and that no building structures are permitted to
be built under the zoning guidelines, and
WHEREAS, because said facilities were installed outside the
Community Road street right-of-way, an easement for electrical
facilities is needed to be obtained by San Diego Gas and Electric
from the City of Poway.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Poway as follows:
1. The City Council hereby grants the following described easement:
CITY OF POWAY, (Grantor), for valuable consideration, grants to
SAN DIEGO GAS AND 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 trans-
mission and distribution of electricity.
2. Underground facilities and appurtenances for the trans-
mission and distribution of electricity.
3. Communication facilities, overhead, and/or underground and
appurtenances.
Resolution No.
June 7, 1988
Page 2
88-053
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 con-
venient 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 easement and right-of-way hereby granted is situated in the
County of San Diego, State of California, described as follows:
That certain strip of land 3.00 feet in width, the Easterly
line of which is coincident with the following described
reference line:
Commencing at the centerline intersection of Civic Center Drive
and Community Road, within the North Half of the Southwest
Quarter of Section 13, Township 14 South, Range 2 West, San
Bernardino Meridian, said intersection bears South 02 20'33"
West, 673.26 feet from a well monument, marking the centerline
intersection of said Community Road with Poway Road, as shown
on Road Survey No. 1587 on file in the Office of the County
Surveyor of said County of San Diego; thence North 89o07'32''
West, 42.00 feet; thence South 02020'33'' West, 50.84 feet to
the TRUE POINT OF BEGINNING of the reference line herein
described; thence continuing South 02020'33'' West, 40.00 feet.
Notwithstanding any provision herein to the contrary, this
easement shall not relieve Grantee from its obligations at law,
if any, to obtain any and all permits and/or approvals required
by grantor prior to actual placement of any facilities in,
upon, over, under, or across said easement.
Grantor grants to Grantee the right to erect and maintain on
Grantor's property adjacent 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 struc-
ture, plant any tree, drill or dig any well, within this
easement.
Grantor shall not increase or decrease the ground surface ele-
vations 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 Pacific Bell and/or to other companies providing utility or
communication facilities.
Resolution No.
June 7, 1988
Page 3
88-053
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, therefore
Grantor shall not make or allow any excavation or fill to be
made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS
AND ELECTRIC COMPANY BY CALLING 696-2000, 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.
o
The City Clerk of the City of Poway is hereby directed to cause
a certified copy of this resolution to be recorded in the
office of the Recorder of San Diego County and to execute an
easement document of the same above described easement for
transmittal to San Diego Gas and Electric Company.
PASSED, ADOPTED, AND APPROVED, by the City Council of the City
of Poway, California, at a regular meeting this 7th day of June,
1988.
Robert Emery, Mayo~/
ATTEST:
Resolution No. 88- 053
Page 4
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution, No. 88- 053 , was duly
adopted by the City Council at a meeting of said City Council held on the 7th
day of June , 1988, and that it was so adopted by the followin vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Brannon, Higginson, Kruse, Tarzy, Emery
None
None
None
MarjorieIK~ Wahlsten, City Clerk
City of P~_W~y