Res 88-086RESOLUTION NO. 88-086
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 SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH,
RANGE 2 WEST, SAN BERNARDINO MERIDIAN
WHEREAS, the construction of the soccer field, lighted parking lot,
and provisions for future ballfield lighting was approved by the City
Council of the City of Poway.
WHEREAS, the said construction requires installation of a new trans-
former on the northwest corner of the soccer field to service the proposed
parking lot and the future ballfield lighting.
WHEREAS, the existing 6' easement is not sufficient for an access road
for installing and servicing the underground lines and the transformer.
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, 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. Underground facilities and appurtenances for the
transmission and distribution of electricity.
2. Communication facilities, and appurtenances.
The above facilities will be installed at such locations and eleva-
tions 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.
Resolution No. 88-086
Page 2
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 Southwest Quarter of the Southwest
Quarter of Section 13, Township 14 South, Range 2 West,
San Bernardino Meridian, as shown on Record of Survey
Map No. 98255, filed March 30, 1978 at File No.
78-125336 in the Office of the County Recorder of said
County of San Diego.
The easement in the aforesaid land shall be:
The Northerly 10.00 feet of the Easterly 660.00 feet of
the above described property.
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 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 Pacific Bell 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.
Resolution No. 88-086
Page 3
CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor
shall not make or allow any excavation or fill to be within this easement
WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING
696-2000, and OBTAINING PERMISSION.
This easement shall be binding upon and inure to the benefit of suc-
cessors, heirs, executors, administrators, permittees, licensees, agents or
assigns of Grantor and Grantee.
2. 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 2nd day of August, 1988.
ATTEST:
Marjorie~K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) $$.
COUNTY OF SAN DIEGO )
Resolution No. 88-086
Page 4
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution, No. 88- 086 , was duly
adopted by the City Council at a meeting of said City Council held on the 2nd
day of August , 1988, and that it was so adopted by the following vote:
AYES: Brannon, Higginson, Kruse, Tarzy, Emery
NOES: None
ABSTAIN: None
ABSENT: None
Marjorie K. Wahlsten, City Clerk
City of pOWay