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Home My WebLink About2010/07/13 Item 5 CITY COUNCIL AGENDA STATEMENT ~\{t- C1TYOF ~CHUlA VISTA 7/13/10, 1tem~ 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 (SOG&E) FOR ELECTRIC FACILITIES AND AUTHORIZING THE MAYOR TO E CUTE THE NECESSARY EASEMENT DEED SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSIST ANT DfRF~ OF ENGIN CITY MANAGER ASSISTANT CITY ANAGER '?~ 4/STHS VOTE: YES 0 NO [Z] REVIEWED BY: SUMMARY The County of San Diego has designated three separate Underground Utility District (UUO) Boundaries along Sweetwater Road, Phase I, 2 and 3, using the lOA Rule. The easement SOG&E is pursuing from the City of Chula Vista is in relation to Phase 1. This boundary extends from Willow Street to Central Avenue. N01111ally these facilities are placed in the franchise area, however the location of existing wet utilities requires SDG&E to extend their equipment on to the City of Chu1a Vista's property. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed action for compliance with the Califomia 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) ofthe 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. RECOiYIMENDA TION Council adopt the resolution. BOARDS/COMlVIISSION RECOMMENDATION Not applicable. 5-1 7/13/10, Item 5 Page 2 of 2 DISCUSSION The County of San Diego has designated three separate Underground Utility District (UUD) boundaries along Sweetwater Road. They are currently preparing to construct Phase I of the Sweetwater Road 20A undergrounding conversion adjacent to Rohr Park. This boundary extends from Willow Street to Central Avenue. The Sweetwater Road 20A Phase 2 UUD boundary extends from Briarwood Road to Bonita Road. Phase 3 extends from Mesa Vista Way to Willow Street. Other areas that have recently been deemed UUD boundaries in that immediate area are Central Avenue and Bonita Road. Central Avenue has been completed and Bonita Road, from the Bonita Christian Center to Central Avenue, is currently under construction. Once all of these projects have been completed, 90-95% of the area surrounding Rohr Park wi II be undergrounded. The easement SDG&E is requesting from the City of Chula Vista for Phase I is located within Rohr Park immediately adjacent to Sweetwater Road and near the equestrian facilitics. Normally these facilities are placed in the franchise area, however, the location of existing wet utilities within the right-of-way requires SDG&E to extend some of their equipment onto thc City of Chula Vista's property. The proposed location of these facilities will pose no impact to the existing equestrian and pedestrian trails around the Rohr Park area. While the City is under no obligation to dedicate this easement without compensation, staff has detennined that the value of the easement is nominal and that the benefits of the undergrounding project outweigh any restrictions caused by the facilities. Additionally, staff has determined that the pmposed easement use is consistent with the pemlissible uses for this land. Staff, therefore, recommends that the easement be donated to SDG&E. 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. This conflict check was conducted based on Councilmember McCann's propcrty holdings as of July 21, 2009, prior to his temporary departure from the Council for active military duty. CURRENT YEAR FISCAL IMPACT None, the facilities will be owned and operated by SDG&E. ONGOING FISCAL IMPACT None, the facilities will be owned and operated by SDG&E. ATTACHMENTS I. Easement Deed J:\Engin..:cr\AGENDA \CAS20 1 0\07-13-1 Q\SDGE Easement Rohr Park.doc 5-2 Recording Requested by San Diego Gas & Electric Company A TT ACI-iMENT I When recorded, mail to: San Diego Gas & Electric Company 8335 Century Park Court, Suite 100 San Diego, CA 92123-1569 Ann: Real Estate Records - CP II D SPACE ABOVE FOR RECORDER'S USE Project No.: Const. No.: A.P. No.: Sketch No.: 738963-0 10 2889310 593-240-23 S-6122 Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT 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: I. Underground facilities and appurtenances for the transmission and distribution of electriciry. 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 dcscribed lands. Grantee further has the right, but not the duty to clear and keep this easement clear from explosives, buildings, structnres and materials. Grantor and Grantee hcreby acknowledge that, in the event Sweetwater Road is widened by Grantor, Grantor's successors or assigns, Grantee shall relocate the herein permitted faculties at Grantee's sole expense to an new easement to be provided by Grantor at no expense to Grantee. Alternatively, Grantee may elect to place said facilities within the right-of-way of Sweetwater Road under the terms of the Franchise Agreement prevailing at the time of the widening. 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 Quarter Section 47 of Rancho De La Nacion, according to Map thcreofNo. 166 filed in the Office of the County Recorder of said County of San Diego, more particularly described in Final Order of Condemnation in Superior Court Case No. 337835 recorded January 16, 1974 at Recorder's Filc/Page No. 74-012392, of Official Records of said County of San Diego. T:/and:data: -1- 8/0136S Rev. I 5-3 The easement in the aforesaid lands is more particularly described in the Exhibit "A", consisting of one (1) sheet, and shown and delineated on Exhibit "B", consisting of one (I) sheet attached hercto 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 vehiele, deposit any materials, plant any trees and/or shrubs or change ground elevation within eight (8) feet of the tront of the door or hinged opening of any above ground facility installed within this easement, except as required for the widening of Swcetwater Road. 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. However, Grantor's obligation shall not require Grantor to remove roots absent a request from Grantee, and Grantor shall have no liability for damage to Grantee's facilities caused by roots. CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall not make or allow any excavation or till to be madc 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 ~730 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, permittees, licensees, agents or assigns of Grantor and Grantee. T:fand.datfl: -2. 8/02368 Re~'. I 5-4 IN WITNESS WHEREOF, Grantor executed this instrument this _ day of ,20_ CITY OF CHULA VISTA, A MUNICIPAL CORPORA nON By: Name: Title: Drawn: corbilIa-City of Chula Vista.doc Checked: Date: 12/17/09 STATE OF CALIFORNIA COUNTY OF )SS. On , before me (name, title of ofticer), appeared who pwved 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 personls) acted, executed the instmment. I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature T:lalld:r/ata: ,- 810236S Rev. I 5-5 EXHIBIT "Au LEGAL DESCRIPTION THAT PORTION OF QU~~TER SECTION 47 OF ~~CHO DE LA NACrON, ACCORDING TO ~ffiP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SJ...N DIEGO COUNTY, ~1AY 11, 1869, IN THE CITY OF CH~ VISTA, COUNTY OF 8A}T DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; COHfIIENCING AT A FOUND 2 INCH IRON PIPE IN ST]l.J.l.1DARD l1M-1.011 STREET SURVEY MDmn.IENT WITH SPIKE AND HASHER STAMPED II CITY ENG. C. V. n AS SHOt'lN ON' CORNER RECORD 11092, FILED NITH THE COUNTY SURVEYOR OF SAID COUNTY ON MARCH 2, 1995, SAID f-lONUMENT HARKS THE NORTHERLY TERMINUS OF THE NORTH~SOUTH CENTERLINE OF SAID QUARTER SECTION 47 k'i/D BEARS NORTH 19038'46" WEST 1250.19 FEET (1250.04 FEET RECORD PER RECORD OF SURVEY ~ffiP NO. 7377, FILED IN SAID OFFICE OF THE COUNTY RECORDER, MARCH 18, 1971) FROM A FOUND 3/4 INCH IRON PIPE NITH DISK STANPED "R.C.E. 10576" AS SET PER SAID RECORD OF SURVEY, SAID MON"01..'lENT t-1A.QKS AN INTERSECTION OF SF.ID NORTH-SOUTH LINE AND THE CENTERLINE OF BONITA ROAD; THENCE SOUTH 65039'28" EAST 66.72 FEET TO THE TRUE POINT OF BEGnrnING OF THE HEREIN DESCRIBED PARCEL OF LANDi TEENCE NORTH '73017'39" EAST 214.71 FEET; THENCE NORTH 17054'08" \fIEST 34.84 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF NAY LINE OF S....lEETNATER RO-Zill; THENCE ALOnG SAID SOUTHEASTERLY RIGHT OF WAY LINE SOUTH 72005' 52" vlEST 214.67 FEET; THENCE LEAVING S]'I_ID SOUTHEASTERLY RIGHT OF WAY LINE SOUTH 17054/08/t EAST 30.35 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.161 ACRE MORE OR LESS. a.);;}I~ ;Z-7-tJ'l PETER C. GOLDING PLS 4768 EXPIRATION DATE 03/31/2010 DATE P:\3975\SURVEY_SDG&E\391S-S3\397S-S3LEOALdoc PAGE 1 OF 1 5-6 N'L Y TERMINUS or N-S CL or QUARTER SECTION 47 or RANCHO DE LA NACIOM LiiJ ____~ \Ji) p,. p,.D ----------E;:sr------- W A'1' E .---:::::::: -- ______(METER PAD SWEE'1' -- ';32766 (CP.) \ z Ni ---------- ----- ~ \ ,-,,-::' _____ -- ~ _____ ~ \ f" u, ____ __ 1 ~ 0:1 ..;>-_ _ _____ "102.49...."", \ ';-.0 ~ ---;;"2.0'33 ~2.14.67 ~ 1 -- ssG. 4B ----- ~ 5757!Vi UGS -- -- -- Qu~\<--sr:G. 47 ~ S72.'O 0 __ __ __ ~.7\' NEW 3421 (0208109) --au~\<1f.\< _--1-j'39"1: 2. RANCHO DE \ -- l'i73 s"f$"-,,<,' \ _----Nfi;;416 (0208108) LA NACION (17tSJ.9},a";: -- -- NEW 3421 (0208107) MAP NO 166 <:;. t,'lj;(' (' NEW 3428 (D2084S3) . ';:;, \ O>ltiJ SI7'S4'08"E POR. QUARTER SECTION 47 CD "". 303S' W 0. -d.. \ NEW SCAOA . 593 <.J) ~ ANTENNA \ 24 INDICA TES FOUND 2" IRON PIPE IN STANDARD "M-l0" SffiEET SURVEY MONUMENT VdTH SPIKE AND WASHER STAMPED 'CITY ENG. C. V. " AS SHOWN DN CORNER RECORD 11092. Jill INDICATES FDUND 3/4" IRDN PIPE VdTH DISK STAMPED "R.C.E. 10S76" PER R.o.S. MAP NO.. 7377. REF: ROS 7J77 C.R. 5422 CR. 10745 C.R, 11092 o -n~ CP~ "'0 ..". . -;00 :z. ~- 1h~ ro ,,2..- <;, ~ -;0"" 0'-" <.J)<? ~ ....\ <0 '-" . ....\~ -'ro o ~ NDRTH-SDUTH ------- CENTERLINE DF ~ QUARTER SEC. 47 /' ,t?>- / . /' ~V/ /' \ {).() / /' Y <?-~ \ / /ROS 7377 52325 3-18-71 P.O.C. FILE: 3975-SJ.DWG SDG&E JDB: R090608/S090571 SAN DiEGO GAS & ELECTRIC 12 02 09 SCALE: 1"-50' DATE: THOS. BROS. 1310 G2 PROJECT NO. 738963-010 CDNST. NO. 2889310 DMWING NO. S-i.fJ/22- DATE: BY APP'D SAN DIEGO, CAUFORNIA ORIGINATOR: BARBARA SIMON SURVEYED BY: PDC DLL DRAWN BY: PDC S'IN OK TO INSTALL: SWEETWATER ROAD 20A CONY PHi WILLOW ST TO CENTRAL AVE CHULA VISTA, CA SUPPLWENTS NO. EXHIBIT "B" 5-7 RESOLUTION NO. 2010 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 ELECTRIC FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY EASEMENT DEED ,WHEREAS, the County of San Diego has designated three separate Underground Utility District (UUD) Boundaries along Sweetwater Road and are currently preparing to construct Phase I of the Sweetwater Road 20A undergrounding conversion adjacent to Rohr Park, and : WHEREAS, once all of these projects have been completed, 90-95% of the area surrounding Rohr Park will be undergrounded, and 'WHEREAS, normally these facilities are placed in the franchise area, however the location of existing wet utilities within the right-of-way require SDG&E to extend some of their equipment on to the City ofChula Vista's property, and 'WHEREAS, while the City is under no obligation to dedicate this easement without compensation, staff has determined that the value of the easement is nominal and that the benefits of the undergrounding project outweigh any restrictions caused by the facilities, and WHEREAS, staff has determined that the proposed easement use is consistent with the permissible uses for this land. !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 electric facilities and authorizes ihe Mayor to execute the necessary easement deed. Richard A. Hopkins Director of Public Works Presented by 5-8