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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