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Home My WebLink About2009/10/06 Item 15TY COUNCIL STATEMENT ~~ CITY OF -~ CHULA VISTA 10/6/09, Item ~~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT OVER A PORTION OF CITY OWNED LAND TO SAN DIEGO GAS & ELECTRIC COMPANY (SDG&E) FOR UTILITY AND ACCESS PURPOSES AS NECESSARY TO PROVIDE ELECTRICAL AND/OR GAS SERVICE TO THE PIMA MEDICAL INSTITUTE/ANIMAL CONTROL OFFICER COMPLEX A THE ANIMAL CONTROL FACILITY SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIItECTO OF ENGINEE REVIEWED BY: CITY MANAGE ASSISTANT CIT ANAGER ~~ 4/STHS VOTE: YES ^ NO SUMMARY The construction of Pima Medical Institute (PMI)/Animal Control Officer (ACO) complex at the Animal Control Facility (ACF) is nearing completion. In order to provide power to the newly relocated buildings it is necessary to grant an easement to San Diego Gas & Electric (SDG&E) for underground power and communications facilities. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that this action qualifies for a Class 5 categorical exemption pursuant to Section 15305 (Minor Alteration in Land Use Limitations) of the State CEQA Guidelines, because approval would not result in the granting of a utility easement over a portion of City owned land. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 15-1 10/6/09, Item ~5 Page 2 of 2 DISCUSSION PMI has partnered with the City of Chula Vista to expand and improve the ACF. Our agreement provides that site improvements be made to the vacant City-owned lot next to the ACF including a modular building, a pet exercise area, additional parking, security fencing and lighting, and interior furnishings and equipment at both the modular building and the existing facility. In order to complete this construction, it is necessary to provide an easement to SDG&E so that power can be made available to the site. A copy of the proposed easement is attached to this report. DECISION MAKER CONFLICT 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 that is the subject of this action. CURRENT FISCAL IMPACT None. ONGOING FISCAL IMPACT None. ATTACHMENTS 1. Easement Deed Prepared by: Rick Ryals, Real Property Manager, Public Works Dept. M:\Engineer\AGENDA\CAS2009\10-06-09\SDGE P[MA easement.doc 15-2 Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company 8335 Century Pazk Court, Suite 100 San Diego, CA 92123-1569 Attn: Real Estate Records - CP11D ATTACHNT SPACE ABOVE FOR RECORDER'S USE Project No.: 957570-010 Const. No.: 500531 l/Service A.P. No.: 629-060-54 Transfer Tax None Sketch No.: OS-14397 SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT THE CITY OF CHULA VISTA, a municipal corporation, (Grantor), grants to SAN DIEGO GAS & 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: 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 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 explosives, buildings, structures and materials. The property in which this easement and right of way is hereby granted is situated in the City of Chula Vista, County of San Diego, State of California described as follows: That portion of the Southwest Quarter of the Northwest Quarter of Section 23, Township 18 South, Range 2 West, San Bernardino Meridian as described in Deed recorded April 30, 1998 as Document No. 1998-0248752 of Official Records in the Off ee of the County Recorder of said County. t larte~'rlestrt ~,: 3!0?368' Rer.l 15-3 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 five (5) feet, measured at right angles, on each exterior side of each and every existing facility and those facilities to be installed, the approximate location being shown and delineated as "UTILITY FACILITIES" on the Exhibit "A", 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 or change ground elevation 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. 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 providing 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, 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 (619) 696-2000, and OBTAINING PERMISSION. 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. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, pennittees, licensees, agents or assigns of Grantor and Grantee. ~:~;~~«r:d~,«: a ~ sror~bs R~~~. r 15-4 IN WITNESS WHEREOF, Grantor executed this instrument this day of .2U THE CIT'1'~ OF CHULA VISTA, a municipal corporation By: _ Title: By:_ Title: Drawn: Huffer / (957570-CVAnimal.doc) Checked SQli Date 08/10/09 STATE OF CALIFORNIA COUNTY OF )SS. On ,before me (name, title of officer}, appeared who 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 signatures} on the instrument the person(s), or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY QF FERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Her. ! 15-5 H15928 73017 ~ \ • N ~~ v ' ~ '~ Po r. S~V1/ NW 1/4 ~~ SEC 23 / ~ T18S R2W ¢~ S.B M. / 400A pone! ~177t / UTILITY FACILITIES D145200 P.M. 10674 11-6-80 80-375149 Cify of Chula Vista, a municipal corporation RFC: 4-30-98 X1998-0248752 629 06 SHT 1 OF 3 ~~~ r~~ 14ve UG ELEC. EXHIBIT "A" SAN DIEGD GAS & ELECTRIC ORIGINATOR: JHutter OK TO INSTALL: PROJECT N0. SAN DIEGO, CALIFORNIA SURVEYED BY: R W OK. 957570-010 NONE CONST N0 hula V1Sta Animal Contro DRAWN BY: DATE: . . JHutter SERVICE Fourth Ave & Beyer Way DATE: THOS BROS . . 08 10 2009 1330-DS DRAWING N0. Chula Vista scALE: NONE OS-1439'7 N0. SUPPLEMENTS DATE: 8Y APP'D 15-6 RESOLUTION 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT OVER A PORTION OF CITY OWNED LAND TO SAN DIEGO GAS & ELECTRIC COMPANY (SDG&E) FOR UTILITY AND ACCESS PURPOSES AS NECESSARY TO PROVIDE ELECTRICAL AND/OR GAS SERVICE TO THE PIMA MEDICAL INSTITUTE/ANIMAL CONTROL OFFICER COMPLEX AT THE ANIMAL CONTROL FACILITY WHEREAS, the City of Chula Vista 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. 629-060-54; and WHEREAS, the City of Chula Vista is currently constructing the Pima Medical Institute (PMI)/Animal Control Officer (ACO) Complex at the Chula Vista Animal Control Facility (ACF); and WHEREAS, in order to complete this project an easement for utility purposes will be required by San Diego Gas & Electric across a portion of said City owned property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby grant an easement over a portion of City owned land to San Diego Gas & Electric Company (SDG&E) for utility and access purposes as necessary to provide electrical and/or- gas service to the Pima Medical Institute/Animal Control Officer complex at the Animal Control Facility. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute a deed granting the herein described easements on behalf of the City of Chula Vista to the San Diego Gas and Electric Company. Presented by Richard A. Hopkins Director of Public Works Approved as to form by Bart Miesfeld City Attorney 15-7