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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 C')L E G ~Z/qDKd~F F FA'I'TH E. GLADI(GFF q-2~.'lO I:/P IGIl~Ci' ?O/~ Al I/~ iV W I/4- Iq' \ \ \ ResolutiOn No. 91-019 Page 4 F £_F f 'x' ~ F ?D PDt7 NE' I/4 IV NI )/4- 14.5, tq I SAN DIEGO EXHIBIT '~A~'