Res 91-019 RESOLUTION NO. 91-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA
GRANTING A UTILITY EASEMENT AND RIGHT-OF-WAY TO SAN DIEGO
GAS AND ELECTRIC COMPANY AT THE WELTON RESERVOIR SITE
WHEREAS, the construction of the Welton Pump Station was approved by
the City Council of the City of Poway; and
WHEREAS, said construction requires installation of underground
electrical lines and appurtenances to service the proposed pump station.
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, a Municipal Corporation, (Grantor), 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 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. Con~unication 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 explosi-
ves, 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 Northeast Quarter of the Northwest Quarter of
Section 19, Township 14 South, Range i West, San Bernardino Meridian,
as conveyed by the Poway Municipal Water District by Deed recorded May
2, 1980 of Official Records of said County of San Diego.
Resolution No. 91-019
Page 2
The easement in the aforesaid property shall be a
strip of land, including all of the area lying between
the exterior sidelines, which sidelines shall be three
{3} feet, measured at right angles, on each exterior
side of each and every facility installed, the approxi-
mate location being shown and delineated as "Utility
Facilities" on the Exhibit "A", attached hereto and made
a part hereof.
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 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 other companies pro-
viding utility or communication facilities/services.
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 MAY
CARRY VOLATILE MATERIALS, 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 696-2000, AND OBTAINING
PERMISSION.
This easement shall be binding upon and inure to the benefits of suc-
cessors, heirs, executors, administrators, permittees, licensees, agents or
assigns of Grantor and Grantee.
2. The City Clerk 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.
Resolution No. 91-019
Page 3
PASSED, ADOPTED, AND APPROVED, by the City Council of the City of
y of February,
Poway, California, at a regular meeting thi~ 26th 1991.
Gol
ATTEST: \ ~
Marjorie K. Wahlsten, City Clerk
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. 91-019
was duly adopted by the City Council at a meeting of said City Council held
on the 26th day of February 1991, and that it was so adopted by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NONE
NONE
NONE
Marjorle I~. Wahlsten, City Clerk
City of ~P~way
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ResolutiOn No. 91-019
Page 4
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EXHIBIT '~A~'