E' ONDIDO CITY COUNCIL. Agenda Item No.: 5 Date: February 3, TO: Honorable Mayor and Members of the City Council

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1 E' ONDIDO City of Choice 4000^ CITY COUNCIL For City Clerk's Use: APPROVED F-1 DENIED Reso No. File No. Ord No. TO: Honorable Mayor and Members of the City Council Agenda Item No.: 5 Date: February 3, 2010 FROM : Edward N. Domingue, Director of Engineering Services SUBJECT: San Diego Gas & Electric Easement at Westfield Shopping Mall RECOMMENDATION: It is requested that the City Council adopt Resolution No authorizing the Real Property Manager and City Clerk to execute a Grant of Easement with San Diego Gas and Electric (SDG&E) for the placement and maintenance of equipment used in conjunction with the installation of new electrical and gas lines for facilities at Westfield Shopping Mall (APN ). BACKGROUND: A portion of real property located at Westfield Shopping Mall, identified as Assessor Parcel Number , is owned by the City of Escondido. A Grant of Easement to SDG&E for utility facilities is necessary in order to provide utility services to a new restaurant under construction at Westfield Shopping Mall. Respectfully submitted, Edward N. Domingue, Director of Engineering ISeMces

2 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, AUTHORIZING THE REAL PROPERTY MANAGER AND CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY, A GRANT OF EASEMENT TO SDG&E FOR THE INSTALLATION OF NEW GAS AND ELECTRIC FACILITIES AT WESTFIELD SHOPPING MALL (San Diego Gas & Electric Company) WHEREAS, a portion of real property located at Westfield Shopping Mall and identified as Assessor Parcel Number is owned by the City of Escondido; and WHEREAS, an easement must be granted to San Diego Gas and Electric ("SDG&E") for placement and maintenance of equipment used in providing utility facilities to new construction on portions of this city-owned property; and WHEREAS, the placement of these utility facilities is necessary to provide utility services to a new restaurant currently under construction; and WHEREAS, SDG&E requires a portion of city-owned property to complete this installation; and WHEREAS, the City Council desires at this time, and deems it to be in the best public interest, to allow SDG&E's installation; and WHEREAS, to accomplish these services, the City Council wishes to approve the Grant of Easement ("Easement") to SDG&E. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Escondido, California, as follows:

3 1. That the above recitations are true. 2. That the Real Property Manager and City Clerk are authorized to execute, on behalf of the City, an Easement on Assessor Parcel No granting easement rights to SDG&E. The Easement is attached as Exhibit "1" and is incorporated by this reference.

4 Resolution No EXHIB IT Page _. J_.. _ E d/0- /off Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company 8335 Century Park Court, Suite 100 San Diego, CA Attn: Real Estate Records - CP 11 D SPACE ABOVE FOR RECORDER'S USE Project No /020 Const. No & A.P.N. No Transfer Tax None Drawing No. B-3871 SAN DIEGO GAS & ELECTRIC COMPANY EASEMENT CITY OF ESCONDIDO, 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. 1. Underground electric facilities and appurtenances consisting of conduit, one 3 phase transformer and one 3 phase terminator for the transmission and distribution of electricity. 2. A Gas Pipeline and appurtenances for any and all purposes. 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 Escondido, County of San Diego, State of California described as follows: Parcel 7 of the land surveyed and shown on Parcel. Map No , filed May 1, 1986 at File No , in the Office of the County Recorder of said County of San Diego. s: land.:data S Rev. I

5 olution No. 1 l a' w? 1BIT I of (Jr' The said easement in the aforesaid land is described in Exhibit "A", consisting of three sheets, and is shown and delineated on Drawing No. B-3871, consisting of two sheets, all attached hereto and made a part hereof. 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 facilities. 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. All engineering data and/or legal descriptions(s) for the location(s) of the facilities in this easement has been furnished to Grantee by Lessee's, Westfield, LLC, Engineer George K. Bernharth P.E. No Lessee accepts full responsibility for the accuracy of such data and descriptions and declares that the descriptions represent the locations of Grantee's facilities within Lessee's property as previously agreed upon by Lessee and Grantee. Lessee agrees that should any changes in grade, realignment of road, street, or avenue, or relocation of facilities become necessary as a result of inaccuracies of data furnished by Lessee, such changes, realignment or relocation shall be immediately remedied by Lessee at Lessee's sole expense, and upon Lessee's failure to remedy same within 30 days after demand, Grantee shall have the right, but not the duty, to make such changes, realignments or relocations and Lessee shall promptly pay to Grantee all reasonable charges thereof. 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 , and OBTAINING PERMISSION. 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. s: land: data S Rev. I

6 Lion No. ona ' 1 a- IN WITNESS WHEREOF, Grantor executed this instrument this day of January, CITY OF ESCONDIDO, a Municipal Corporation By: Name: Title: Drawn PDC-SCB Checked Date 10/28/09 (Revised 12/15/09) STATE OF CALIFORNIA COUNTY OF SAN DIEGO )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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature s: land: data S Rev. I

7 Lessee hereby consents and subordinates its interest in and to this easement: EWH ESCONDIDO ASSOCIATES, L.P., a Delaware limited partnership, as tenants-in-common By: North County Fair LP, a Delaware limited partnership, its general partner By: Westfield America GP LLC, a Delaware limited liability company, its general partner By: Westfield America Limited Partnership, a Delaware limited partnership, its sole member C, a Delaware limited liability company, its general partner Bv: Rory A. Packer `Assistant Secretary Assistant Secretary NORTH COUNTY FAIR LP, a Delaware limited partnership, as tenants in common By: Westfield America GP LLC, a Delaware limited liability company, its general partner By: Westfield America Limited Partnership, a Delaware limited partnership, its sole member By: Westfield U.S. H ink LC, ai^^ware limited liability company, its general partner By: By: Nam Z/ Rory A.-Packer Title : A Assistant Secretary Stephanie Shieh Assistant Secretary s: land : data -d- 8/0236S Rev. I

8 No. 'to la STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) s, a/dt, before me - Aiuu :- /41^ Z (name, title'of officer), appeared R or X. Pacltr, who proved to me o 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature d"vn.c' ANNIE M. ZETTEL Commission # Notary Public - California Los Angeles County M C< rn es r 21, 2012 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) On Q, ^ 5.2 0la, before me ^n n i- // 2et1 (name, title of officer), appeared cj',i JLJ l who proved to mee A 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ANNIE M, ZETTEL Commission # Notary Public - California I Los Angeles County Comm. FxplresAtx21, 2012 s:land:data -S Rev. I

9 EXHIBIT "A" LEGAL DESCRITION FIVE (5) STRIPS OF LAND, ON, OVER AND ACROSS THOSE PORTIONS OF PARCEL 7 OF ESCONDIDO MAP NO , IN THE CITY OF ESCONDIDO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP NO , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 1, 1986, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STRIP 1 (ELECTRICAL EASEMENT) A STRIP OF LAND 6.00 FEET IN WIDTH, THE CENTERLINE THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 7; THENCE SOUTH 06 03' 52" EAST FEET; THENCE NORTH 83 56' 08" EAST FEET TO THE TRUE POINT OF BEGINNING, HEREAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 84 08' 24" WEST FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 40' 25" AND AN ARC LENGTH OF FEET; THENCE TANGENT TO SAID CURVE SOUTH 06 32' 01" EAST FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24 53' 01" AND AN ARC LENGTH OF FEET; THENCE TANGENT TO SAID CURVE SOUTH 31 10' 12" EAST FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42 55' 03" AND AN ARC LENGTH OF FEET; THENCE TANGENT TO SAID CURVE SOUTH 11 44' 51" WEST 3.47 FEET TO A PONT HEREAFTER REFERRED TO AS POINT "B". STRIP 2 (ELECTRICAL EASEMENT) A STRIP OF LAND 6.00 FEET IN WIDTH, THE CENTERLINE THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT SAID AFOREMENTIONED POINT "B", SOUTH 53 36' 43" EAST 3.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 59 42' 25" EAST 1.00 FEET THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49 49' 01" AND AN ARC LENGTH OF FEET; THENCE TANGENT TO SAID CURVE SOUTH 70 28' 34" EAST FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41 29' SDGE Easement(09-58) Page I of 3

10 21" AND AN ARC LENGTH OF FEET; THENCE TANGENT TO SAID CURVE NORTH 68 02' 04" EAST FEET TO THE POINT OF TERMINATION. STRIP 3 (ELECTRICAL EASEMENT) A STRIP OF LAND FEET IN WIDTH, THE CENTERLINE THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT SAID AFOREMENTIONED POINT "A", THENCE NORTH 84 08' 24" EAST FEET TO THE POINT OF TERMINATION. STRIP 4 (ELECTRICAL EASEMENT) A STRIP OF LAND FEET IN WIDTH, THE CENTERLINE DESCRIBED THEREOF AS FOLLOWS: BEGINNING AT SAID AFOREMENTIONED POINT "B", THENCE SOUTH 53 36' 43" EAST 2.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36 23' 17" WEST 9.00 FEET TO THE POINT OF TERMINATION. STRIP 5 (GAS EASEMENT) A STRIP OF LAND 6.00 FEET IN WIDTH, THE CENTERLINE THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 7; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL, SOUTH 06 03' 52" EAST FEET; THENCE NORTH 83 56' 08" EAST FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 06 32' 01" EAST FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24 40' 22" AND AN ARC LENGTH OF FEET; THENCE TANGENT TO SAID CURVE SOUTH 31 12' 23" EAST FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39 16' 11 AND AN ARC LENGTH OF FEET; THENCE TANGENT TO SAID CURVE SOUTH 70 28' 34" EAST FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41 29' 21" AND AN ARC LENGTH OF FEET; THENCE TANGENT TO SAID CURVE NORTH 68 02' 04" EAST FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60 15' 29" AND AN ARC LENGTH OF FEET; THENCE TANGENT TO SAID CURVE NORTH 07 46' 35" EAST 4.92 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL SDGE Easement(09-58) Page 2 of 3

11 ANGLE OF 14 40' 28" AND AN ARC LENGTH OF 6.40 FEET; THENCE TANGENT TO SAID CURVE NORTH 06 53' 54" WEST FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 4.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58 48' 25" AND AN ARC LENGTH OF 4.11 FEET; THENCE TANGENT TO SAID CURVE NORTH 65 42' 19" EAST 5.98 FEET TO THE POINT OF TERMINATION. GE K. BERNHARTH DATE.E EXPIRATION DATE 03/31/2011 SDGE Easement(09-58) Page 3 of 3

12 P.0.8 MOSSY COR. PCL 7 LINE TABLE LINE BEARING LENGTH L l N68 02'04 "E 19.95' L2 N07'4635 "E 4.92' L3 N "W 13.54' L4 N65 42'19"E 5.98' CURVE TA BLE CURVE DELTA RADIUS LENGTH c l 24'40'22" 25.00' 10.77' C2 39'16'11 " 25.00' 1713' C " 25.00' 18.10' C4 60'15'29" 25.00' 26.29' C '28" 25.00' 6.40' C6 58'4825" 4.00' 4.11' N LEGEND P.0.B. TP.0.8. ^P. 0. T POINT OF BEGINNING TRUE POINT OF BEGINNING POINT OF TERM/NA 11ON N SCALE : 1' =100' r NO. SAN DIEGO GAS & ELECTRIC SAN DIEGO, CALIFORNIA GAS EASEMENT BJ'S RESTAURANT E. VIA RANCHO PARKWAY ESCONDIDO, CALIFORNIA SUPPLEMENTS ORIGINATOR: GKB SURVEYED BY: MB NA DRAWN BY: MHA DATE: SCALE: " = 100' OK TO INSTALL: R/W OK: DATE: THOS. BROS B3 PAGE 2 OF 2 PROJECT NO CONST. NO DRAWING NO. B-3871 DATE: BY: APP'D SDGE Esmt. dwg (ps)

13 cn MOST W L Y COR. PCL 7 N o ^Qt T.P.O.B. Si p. 0 B. S3 N83'56'0,8"E rn84 08'24 "E \ 13.00' STRIP 3 NEW 3PH,TRANSFORMER 8408' b, LINE TABLE LINE BEARING LENGTH L 1 S1144'51 "W 3.47' L2 S5336'43"E 3.91' L3 N "E 1.00' L4 S5336'43"E 2.13' CURVE TA BLE CURVE DELTA RADIUS LENGTH Cl 90'40'25" 25.00' 39.56' C2 245J'01" 25.00' 10.86' C3 42'55'03" 25.00' 18.73' C4 49'49'01 " 25.00' 21.74' C5 4129'21 " 25.00' 18.10' IC 0 0 LEGEND P.0.B. POINT OF BEGINNING TP.O.B. TRUE POINT OF BEGINNING P.O. T. POINT OF TERM/NATION C2 ESCONDIDO MAP NO FILE REC. 05/01/1986, O.R. STRIP 4^' ^s^ NEW JPH TERMINA TOR W/ RETAINING WALL SCALE: 1' =80' NO. SAN DIEGO GAS & ELECTRIC SAN DIEGO, CALIFORNIA UG ELECTRICAL EASEMENT BJ'S RESTAURANT E. VIA RANCHO PARKWAY ESCONDIDO, CALIFORNIA SUPPLEMENTS ORIGINATOR: GKB SURVEYED BY: MB/NA DRAWN BY: MHA DATE: SCALE: 80' OK TO INSTALL: R/W OK: DATE: THOS. BROS B3 PAGE 1 OF 1 DATE: PROJECT NO CONST. NO DRAWING NO. B-3871 BY: APP'D SDGE Esmt.dwg (ps)