HomeMy WebLinkAbout2006/11/21 Item 7
COUNCIL AGENDA STATEMENT
Item r
Meeting Date: 11/21/06
ITEM TITLE:
Resolution authorizing ,the Mayor and City Clerk to
execute an Easement Deed over a portion of City-owned land to the San
Diego Gas and Electric Company for Utility and Access Purposes as
necessary to provide Electrical and/or Gas service to the Bonita Branch of
the San Diego County Library and the Bonita Museum.
SUBMITTED BY: Acting Director of Engineering ~
~
REVIEWED BY: Interim City Manager J I
(4/Sths Vote:_No-XJ
The Council is requested to adopt a Resolution authorizing the granting of an easement over a
portion of City-owned land to San Diego Gas and Electric Company (SDG&E) for Utility and
Access Purposes as necessary to provide Electrical and/or Gas service to the Bonita Branch of
the San Diego County Library and the Bonita Museum.
RECOMMENDATION: That the Council:
I. Adopt a Resolution authorizing the Mayor and City Clerk to execute the Easement Deed
granting the easement over City-owned land to SDG&E.
BOARDS/COMMISSION: N/A
DISCUSSION:
The City of Chula Vista is a party to a "Lease Agreement" with the County of San Diego dated
December 10, 2003. Pursuant to that Agreement, the County of San Diego committed to develop
a Public Branch Library and Museum/Public Safety Center.
The construction of this project necessitated the relocation of an SDG&E utility cabinet. The
only suitable location for this cabinet is on a City-owned property. This work has been
completed with staffs consent to facilitate the completion of the facilities. The City has now
received a formal request from SDG&E to dedicate the required easement. A copy of the
proposed Easement Deed to SDG&E is attached hereto. Because this site is under a long-term
lease to the County of San Diego, they will be required to consent to this easement and
subordinate their interest to this easement and they have agreed to do so.
Staff has reviewed the request and determined that the proposed easement use is consistent with
the uses dedicated as permissible for this land. Additionally, due to the location and limited
alternative uses for this area, the value of the easement is nominal. Staff therefore recommends
that the Easement be donated to SDG&E.
7-1
Page 2, Item 1-
Meeting Date 11/21/06
ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the
proposed activity for compliance with the California Environmental Quality Act (CEQA) and
has determined that the activity is not a "Project" as defined under Section l5378(b)(5) of the
State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no enviro~ental review is necessary.
DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City
Council and has found no property holdings within 500 feet of the boundaries of the property
which is the subject ofthis action.
FISCAL IMPACT: There is no fiscal Impact to the General Fund. All installation and
maintenance costs will be borne by SDG & E.
Attachment - Easement Deed
7-2
RESOLUTION NO. 2006-
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN EASEMENT DEED OVER A PORTION OF
CITY-OWNED LAND TO THE SAN DIEGO GAS AND ELECTRIC
COMPANY FOR UTILITY AND ACCESS PURPOSES AS
NECESSARY TO PROVIDE ELECTRIChL AND/OR GAS
SERVICE TO THE BONITA BRANCH OF THE SAN DIEGO
COUNTY LIBRARY AND THE BONITA MUSEUM.
WHEREAS, the City of Chula Vista ("City") is the fee owner of that certain real
property situated in the City of Chula Vista, County of San Diego, State of California,
identified as San Diego County Assessors Parcel No. 593-240-24 ("City Property"); and
WHEREAS, the City and the County of San Diego ("County") are parties to a
Lease Agreement dated December 10,2003, pursuant to which the County committed to
develop a Public Branch Library and Museum/Public Safety Center ("Project"); and
WHEREAS, the construction of the Project necessitated the relocation ofa San
Diego Gas and Electric Company ("SDG&E") utility cabinet onto the City Property; and,
WHEREAS, the proposed easement use is consistent with the permissible uses for
the City Property; and
WHEREAS, staff recommends that the City grant this easement without
compensation because the value of the easement is nominal; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under Section 15378(b)(5) of the
State CEQA Guidelines; therefore, pursuant to Section 15060( c )(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Of
Chula Vista that it authorizes the Mayor and City Clerk to execute a deed granting an
easement over a portion of City-owned land to San Diego Gas & Electric Company for
electrical and/or gas service to the Bonita Branch of the San Diego County Library and
the Bonita Museum.
Presented by
Approved as to form by
:JA~ d ..L~_:t:i:
Ann Moore
City Attorney
Leah Browder
Acting Director of Engineering
7-3
Recording Requested by
San Diego Gas & Electric Company
ATTACHMENT
When recorded, mail to:
San Diego Gas & Electric Company
8335 Century Park Court, Suite 100
San Diego, CA 92123-1569
Attn: Real Estate Records - CPIID
SPACE ABOVE FOR RECORDER'S USE
Project No.:
Const. No.:
A.P.N.:
433848-010
2815120
593-240-24
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMPANY
EASEMENT
CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, hereinafter called
"Grantor", grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, "Grantee", an
easement and right of way to erect, construct, change the size of, improve, reconstruct, relocate,
repair, maintain and use facilities consisting of: (1) Underground electric facilities, and
appurtenances for the transmission and distribution of electricity, (2) Underground
communication facilities, and appurtenances, (3) Pipelines and appurtenances for any and all
purposes, together with the right of ingress thereto and egress therefrom over said easement and
over other practical routes across Grantor's land situated in the County of San Diego, State of
California described as follows:
That portion of Quarter Section 58 of Rancho De La Nacion, according to Map thereof
No. 166, filed in the Office of the County Recorder of said County of San Diego, described in a
Deed recorded February 2, 1966 at Recorder's FilelPage No. 18780 of Official Records of said
County of San Diego.
The easement in the aforesaid land shall be more particularly described in the Exhibit
"A", consisting of 3 sheets, shown and delineated on the Exhibit "B", consisting of 2 sheets, all
attached hereto and made a part hereof.
In order to provide adequate working space for Grantee, Grantor shall not erect, place or
construct, nor permit to be erected, placed or constructed any building or other structure, park any
vehicle, deposit any materials, plant any trees and/or shrubs within eight (8) feet of the front of the door
or hinged opening of any above ground facility installed within this easement.
Grantor grants to Grantee the right to erect and maintain on Grantor's property immediately
adjacent to this easement retaining walls and/or protective barricades as may be necessary for Grantee's
purposes.
I
7-4
Grantor will exercise only such reserved rights in said land as will not interfere with or
prohibit the free and complete use and enjoyment by Grantee, its successor or assigns, of the
rights hereby granted. Grantee shall have the right to assign any or all rights granted in this
easement in whole or in part to other companies providing utility or communication services.
Grantee shall have the right to top, cut, remove, or trim interfering plants and trees, and to keep
said easement free from and to prevent any person, including Grantor and successors and assigns,
from erecting, placing, or storing on said easement any flammable or other hazards and any
structures, objects, or earth fills/cuts or other obstructions.
The legal description for this easement was prepared by San Diego Gas & Electric
Company pursuant to Section 8730 of the Business and Professions Code, State of California.
Dated
CITY OF CHULA VISTA, A
MUNICIPAL CORPORATION
BY:
NAME:
TITLE:
BY:
NAME:
TITLE:
The County of San Diego in a Lease Agreement dated December 10, 2003 with The City of
Chula Vista to develop a portion of the above described property, hereby consents and
subordinates its interest in and to this easement.
COUNTY OF SAN DIEGO
A POLITICAL SUBDNISION
BY:
NAME:
TITLE:
Prepared by: C. Echeverria
Checked:
Date 11107/06
2
7-5
STATE OF CALIFORNIA
COuNTY OF SAN DIEGO SS.
On , before me
(name, title of officer), appeared
o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO SS.
On , before me
(name, title of officer), appeared
o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature
3
7-6
EXHIBIT A
LEGAL DESCRIPTION
FOR GAS SERVICE EASEMENT
A h.OO FOOT WIDE EASEMENT DESCRIBED AS FOLLOWS:
THAT PORTION OF QUARTER SECTION 58 OF RANCHO DE LA NACION. IN
THE CITY OF CHULA VISTA. COUNTY OF SAN DIEGO. STATE OF
CALIFORNIA. ACCORDING TO MAP THEREOF NO. 166. FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. MAY 11. 1869. MORE
P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP
NO. 958. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY. AUGUST 30. 1972 AS FILE NO. 231593; THENCE ALONG THE
EASTERL Y LINE OF SAID PARCEL 2. SOUTH 09022'30" WEST. 290.04 FEET TO
THE SOUTHEASTERLY CORNER OF SAID PARCEL 2. ALSO BEING A POINT
ON THE NORTHERLY RIGHT-OF-WAY OF THE 50.00 FOOT HALF WIDTH OF
BONITA ROAD ACCORDING TO THE STREET VACATION BY THE CITY OF
CHULA VISTA RESOLUTION 6514. DATED JULY 18.1972 AND FILED IN THE
OFFICE OF SAID COUNTY RECORDER AUGUST 14. 1972 AS FILE NO. 213693;
THENCE ALONG SAID BONITA ROAD RIGHT-OF- WAY SOUTH 80039'08" EAST.
117.56 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 01057'25"
EAST. 17.85 FEET; THENCE NORTH 88028'36" WEST. 43.97 FEET; THENCE
NORTH 01031'33" EAST. 19.83 FEET; THENCE SOUTH 88028'27" EAST. 6.00
FEET; THENCE SOUTH 01031 '33" WEST. 13.83 FEET; THENCE SOUTH 88028'36"
EAST. 38.02 FEET; THENCE NORTH 01057'25" EAST. 157.05 FEET; THENCE
NORTH 85"45'12" EAST. 111.08 FEET; THENCE NORTH 10031 '42" WEST. 53.09
FEET; THENCE NORTH 79028'18" EAST. 6.00 FEET; THENCE SOUTH 10031'42"
EAST. 59.79 FEET; THENCE SOUTH 85045'12" WEST. 112.40 FEET; THENCE
SOUTH 01057'25" WEST. 176.30 FEET TO A POINT ON SAID NORTHERLY
RIGHT-OF-WAY OF BONITA ROAD; THENCE ALONG SAID NORTHERLY
RIGHT-OF-WA Y NORTH 80039'08" WEST. 6.05 FEET TO THE TRUE POINT OF
BEGINNING.
7-7
EASEMENT [= = = = ]
~,
~ 1--6
@\\@
'<0 \ \
Lm... _ _ ~..J \
__ - __::....I
1'-1- @-
"
"
"
d
Elii@
"
6~
,t--
~5 "
"
_ rnL _!J)J I
117.56' 2
N80.39 '08":::-'"
BONITA 149.85' w
-
'CD
l.()
Q)
---s:
-=.,
Q,.
~
0) ~
o
Ol
'<"I
-7
I (J ,UJ
Q,g
[::f
.
Ol
o
:2
~
>-
~
'a
b~
,!...O:::
0~
--
O:::z
>-fii
..J
.~~
'""'1#
~~
TRUE POINT OF
BEGINNING
-
N
j
-6D-
I
SCALE: 1"=60'
f\
CORNER
2 PM 958
~C-,
,() <'rj0 'r
/~> Y
(~ <' (J . <'V
(<()~ C-)Y () ~ ~
\ \,-<, '0 ",0
~\ ,(J (J
~> ,'r
'\>, '> ~">
()...,{ '>
<,
Z-
..>
.I>
.
'it,
Lo'O
.1>0
CP .
. ~
..>
CPLo'
~
CP
'-.l
..>
::::"'\~
\0.
r:~~
~.
\....
t'.
t
. .c.=19.51 '11" R-850.00 L-294.53
NBo 39'08"
26.24' W
ROAD
GAS EASEMENT
I I DELTA/BRG RAD IUS LENGTH LJ DELTA/BRG RAD IUS LENGTH
1 N01'5T25 E - 17.85 8 N85 45 12 E - 111.08
2 N88 28 36 W 43.97 9 Nl0 31 42 W 53.09
.3 N01'31'33 E - 19,83' 10 N79 28 18 E - 6.00
4 588 28 27 E - 6.00 11 510 31 42 E 59.79
5 501'31'33 W 13.83 12 585 45 12 W 112,40
6 588 28 36 E 38.02' 1.3 501.57 25 W 176,30
7 N01 57 25 E - 157,05 14 N80 39 08 W - 6,05
BONITA UBAAAY EASEMENT
FOR GAS SERVICE
7-8
EXHIBIT B
EXHIBIT A
LEGAL DESCRIPTION
FOR ELECTRIC SERVICE EASEMENT
A 10.00 FOOT WIDE EASEMENT DESCRIBED AS FOLLOWS:
THAT PORTION OF QUARTER SECTION 58 OF RANCHO DE LA NACION. IN
THE CITY OF CHULA VISTA COUNTY OF SAN DIEGO. STATE OF
CALIFORNIA ACCORDING TO MAP THEREOF NO. 166. FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869. MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP
NO. 958. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY. AUGUST 30. 1972 AS FILE NO. 231593; THENCE NORTH 75003'14"
EAST, 306.55 FEET; THENCE SOUTH 14009'00" EAST. 348.18 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH 78006'51" WEST. 104.79 FEET
TO THE BEGINNING OF A TANGENT 95.00 FOOT RADIUS CURVE, CONCAVE
NORTHERL Y; THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 39047'55" AN ARC DISTANCE OF 65.99 FEET; THENCE
TANGENT TO SAID CURVE NORTH 62005'14" WEST, 65.34 FEET; THENCE
NORTH 01031'24" EAST. 5.64 FEET; THENCE NORTH 88028'36" WEST, 15.00
FEET; THENCE SOUTH 01031'24" WEST, 15.00 FEET; THENCE SOUTH 88028'36"
EAST. 11.37 FEET; THENCE SOUTH 62005'14" EAST. 44.50 FEET TO THE
BEGINNING OF A TANGENT 44.21 FOOT RADIUS CURVE. CONCAVE
SOUTHWESTERL Y; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 65044'42" AN ARC DISTANCE OF 50.73 FEET; THENCE
RADIAL TO SAID CURVE SOUTH 86020'32" EAST, 10.00 FEET TO THE
BEGINNING OF A NON-TANGENT 54.21 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERL Y, A RADIAL TO SAID POINT BEARS SOUTH 86020'32" EAST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 31023'16" AN ARC DISTANCE OF 29.70 FEET TO A POINT OF CUSP WITH A
105.00 FOOT RADIUS CURVE. CONCAVE NORTHERLY. A RADIAL TO SAID
POINT BEARS SOUTH 22005'21" WEST; THENCE EASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 33058'30" AN ARC DISTANCE OF
62.26 FEET; THENCE TANGENT TO SAID CURVE NORTH 78006'51" EAST.
104.65 FEET; THENCE NORTH 79043'02" EAST. 107.21 FEET TO THE
BEGINNING OF A TANGENT 505.00 FOOT RADIUS CURVE CONCAVE
NORTHERL Y; THENCE EASTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 14025'31" AN ARC DISTANCE OF 127.14 FEET; THENCE
NORTH 65017'31" EAST. 110.26 FEET; THENCE SOUTH 79050'14" EAST. 35.81
FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF THE 50.00 FOOT
HALF WIDTH OF BONITA ROAD ACCORDING TO THE STREET
VACATION BY THE CITY OF CHULA VISTA RESOLUTION 6514 DATED
JUL Y 18. 1972 AND FILED IN THE OFFICE OF SAID COUNTY RECORDER
7-9
AUGUST 14, 1972 AS FILE NO. 213693; THENCE NORTH 64016'24" EAST
ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF BONITA ROAD 17.06
FEET; THENCE NORTH 79050' 14" WEST, 52.77 FEET; THENCE SOUTH 65017'31 n
WEST, 113.40 FEET TO THE BEGINNING OF A TANGENT 495.00 FOOT RADIUS
CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 14025'31" AN ARC DISTANCE OF 124.63
FEET; THENCE SOUTH 79043'02" WEST. 107.35 FEET 1,'0 THE TRUE POINT OF
BEGINNING.
7-10
N.E. CORNER
PCL. 2 PM 958
"
\
__60--
\
EASEMENT C = = ::J
~
o
o
~
<j)
"L() ...
'CP \.J-I
-=:; -0
/-. r0
0...
N ~
0"'0
_i
u z
0...
.<(..
.,\&'
00"':>
~":>
SCALE: 1"= 100'
~tb'l
() ir) 'I
1:::: C (<'1
(Z-. l. j c...j ~
0<" </)-10 !::.-)'
("2, ~l, :--'!;- 0
\'1 ~ 'f
J"o...,\---:; ~
'f
(L..
<.,
/"
NORTHERLY
RIGHT-OF-WAY
OF BONITA ROAD
N80':;9'08"~
ELECTRICAL EASEMENT
[J DELTA/BRG RADIUS LENGTH [J DEL T AlBRG RAD IUS LENGTH
1 S78 06 51 W 104.79' 13 N78 06 51 E 104.65
2 A= 39 47 55 95.00 65.99 14 N79 43 02 E 107.21
3 N62-05 14 W 65.34' 15 A= 14 25 31 505.00' 127.14
4 N01 31 24 E 5.64 16 N65 17 31 E 110.26'
5 N88 28 36 W 15.00' 17 S79 50 14 E 35.81
6 S01 31 24 W 15,00 18 N64 16 24 E 17.06
7 S88 28 36 E 11.37' 19 N79 50 14 W 52.77
8 S62 05 14 E 44.50 20 S65 17 31 W 113.40
9 t.~ 65 44 42 44.21 50.73 21 A= 14 25 31 495.00 124.63
10 586 20 32 E 10.00 22 579 43 02 W 107.35
11 t.= 31 23'16 54.21 29.70
12 A= 33 58 30 105.00 62.26
BONITA UBAAAY EASEMENT
FOR ELECTRICAL SERVICE
7-11
EXHIBIT B