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Home My WebLink About; |CICIULLA, FRANK J.|FOX, FRANCIS & VIRGINIA AND FRANKJ. CICIULLA|; 41710; Easement&& ,.?if ' 4. !* 9 .()1 0 fir-, ( 8-9-10-AHS) E'A S E Iv! E N T -< ! :' -. """" FFWX J, CICIULLAY Virainia E. Fox 8 PranLi hereinafter called the "Grantor", for valuable consideration, receipt whereof is hereby acknowledged, do-her6kc.y grant to the City of Carlsbac hereinafter called the "Grantee", the nar-exclusive easement and Privilege of placing, constructing, repairing, xaintaining End using a sewer pipelir and all necessary and proper underground fixtures for use in c0~nection therewith, upon, along and under the hereinafter described esSenent, toget with the right of ingr'ess thereto a.nd egress therefrom by a practical rout or routes, over and scross the Grantor's land situated in the County Of Sa: Diego, State of California, and more particularly described 2s follows: Lot 12 in Block "C" of a Resubdivision of a portion of Tracts 238 an( 243 of Thum hnds, according to Map thereof No. 2103, filed in the Office of the County Recorder of San Diego County. Excepting from said property that portion described as follows: Beginning at the corner common to hts 11 and 12 in the Northwesterly line of said Block "C"; Thence along the Northwesterly line of said Lot 12, South 64"51' West 16.80 feet; Thence South 63"41'05" West parallel with the Southeasterly line of s, Lot a distance of 29.00 feet; Thence South 28°45r40" East 188.00 feet to a point in the Southeaster line of said Lot; Thence along said Southeasterly line North 63°W05f1 East 45.11 feet the most Easterly corner of said Lot 12; Thence along the line common to said Lots 11 and 12, North 28"39' Wesf 353.16 feet to the point of beginning. Thence South 28'45'40" East 165.53; Said easement in the aforesaid lands shall be 15.0 feet in width, being 7.5 feet measured at right angles, on each side of the following described center line: Beginning at the most Southwesterly corner of said Lot 12; Thence from said point of beginning Northwesterly along the Westerly 1 of said property a distance of 143.94 feet to the true point of beginr of the center line to be described; Thence from said true point of beginning Northeasterly in a straight 1 a distance of 157.30 feet, more or less, to a point on an Easterly lin of the above described property, said point being Northwesterly a dist of 118.55 feet along said Easterly line from the Southerly line of sai Lot 12. . ,-". ?$. -I." ,... *. < ' " x. ,--P ,* * 0 -2 - h; Grantor also grants to Grantee the right to use as a temporary working strip during initial construction of Grantee's sewer pipeline, a strip of land 15.0 feet in width adjacent and contiguous to the northerly boundary of the above described sewer pipeline easement; the right to use said temporary working strip ceasing and being terminated at such time as said initial construction is completed, and Grantee agrees by the accepta hereof that upon completion of said initial construction that it will res the surface of Grantor's property, wherever distrubed, to the condition 8 elevation at which said surface exists at the time of commencing construc of Granteels sewer pipeline, excepting the portion of Grantor's property permanently altered by embankment construction as hereinafter provided, a excepting the graded portion of the hereinbefore described temporary work strip whereon restoration of the ground surface to its original elevation and condition may be impracticable because cf existing slope. Grantor also grants to Grantee the right to install a protectin embankment of concrete or stone to control tidal ersoion of the existing line and prevent damage to the Grantee's sewer pipeline; the northerly boundary of which embankment shall not be higher than 5.0 feet above Mear Sea Level, U.S.G.S. Datum, and which embankment shall be constructed and surfaced in such manner and at such slope as not to impede Grantor's reai access to the adjacent waters of Agua Hedionda Lagoon for boating or othe purposes; the location of the contour 5.0 feet above Mean Sea Level bein6 shown on Sheet 3, Drawing iqo. 133-9A of the "Agm €Iediondc? Sewer Right 01 Map", dated November and December, 1961, and filed in the kgineering De& ment of the City of Carlsbad; it is specifically covenanted by Grantee th nothing contained in the hereinbefore described provision for constructio by Grantee of said protecting embankment shall prevent Grantor, or their cessors and assigns, from filling or construction upon, over and Souther1 from said embankment to make use of Grantor's property lying Southerly fr said embankment, and it is further covenanted that if Grantor, or their successors and assigns, does fill or construct upon, over and Southerly from said embankment to the extent that Grantor's filling or constructic serves to protect Grantee's sewer pipeline from erosion damage, then and that event Grantee's interest in, right to install and maintain said prot ing embankment shall cease and terminate. - t .~. 2 4 .,'. 1 1) a -3 - I Grantor expressly reserves the right to install, and/or to grant easements to install, across, upon or within aaid pipeline easement, util: roadways, and other facilities necessary or convenient for Gractor and Grantor further reserves the right to use the easement and crj~bankrilcnt are: any other manner not incompatible with the rights conveyed herein to Granl provide&, however, that Grantor ana their successors in estate shall not I or construct any building or structure of a permanent nature, or plant an) tree, within the limits of the hereinbefore described sewer pipeline easerr which would interfere with reasonable and proper use of said easement by Grantee for the purposes for which it is herein granted. The easement hereby granted shall be superior to any and all oti easements granted or established, and Grantee shall be entitled hereundex disconnect and/or remove any and all other fixtures of any type whatsoeve2 installed pursuant to any such subsequently established easements from the easement herein granted whenever it shall be reasonably necessary to do s( in order for Grantee to enjoy and use its r'ights herein grated. GrEntee sustain no liability to Grantor, his successors or assigns, or the owners any such subsequently granted or established easement by reason of any suc reasonably necessary disconnection and/or removal, and shall sustain no obligation to replace or repair any such fixtures following such disconnec or remova 1 The herein conveyed easement shall cease and terminate upon the non-use and abandonment of same for a period of two years; and in such eve the Grantee shall forthwith quitclaim to the Grantor, or their successors assigns, all rights herein without any charge to Grantor for such quitclaj IN WITNESS WHEREOF, the Grantor execute these presents this 14th day of January , 1964 . - $/ A+. dQA>A??/A 2 FranyJ. Ciciulla- fly fi-8-l e 7?% ck *w , ~ -',\ 4 '< L .' e 0 -4- 641 ST.ATE OF C./U;IFORMIA CCUNTY OF OR&TGZ ss. On ""Jaa.mz-IL4th & 1964 1-e me, the undersigned, a Notary Public in and for said County and State, personally appeared Frank J, Ciciulla - he person (SI whose name(s) Frank J, Ciciulla - he person (SI whose name(s) is (are) subscribed to the within instrument and acknowledged that he executed the same. (Seal) 0 e ,I /- ". -. /;; 1 1.; pi L L., I .* :> '+),": ..+ -LA PJ % &/A& FIW'AGE NO .-.----- AEYRDED AT REQUEST OE "..I. y-j .. MAR 5 1964, kI.Y&UTES PSl+,z-..-s. SWES 5 BOOK 19, OFFICIAL RECORDS SAN DIEGO COUNTY, C 'LIFORNI A. S. GEAY, COU!lTT :-~J&U 3 It' "4' ; ": t. . 1 *. 1' ; .. . e 0 4 .. I - .I E. < .> 'by * . t' '% A 0 0 643 -. ."_ . - 1. A'iW.' 7/TLE CX7.23,"63 H FZ L D CA 7;ED EASEM,f/l T -9 - /3- - ASSOCIATED ENGl San Diego 10, Calif( c/7y OF- CARLS3AD 3065 Rosecrans F /?GLIA cbrEa.!Q&D/g SEbf,FR AC 4-2467 ,Ril'Gf~- OF MA Y- PLA T AIS 9 __________. T Drawn by FA." Darei'-"6$ Approved _____ "" ~.._ Date&& ii &LL$;?L- :*< ,,;<.:.< I i; . b. 'i 9 W 644 ~~ ~ " """ -" - -. _" /?E:< T/TLE ac7; 7.3 k23 !A'..,;,::. .I R€L&ATCD EASEMEhJP 8-13 -63 W.. CITY OF . CARLSBAD ASSOCIATED ENGINEERS 3065 Rosecrans PI. San Diego 10, California AC 4-2461 AGUA HEDIUNDA SEW€ R RIGHT OF WAY PLAT NG. 10 Sale: /"=/oL Drawn by 7WW Date//-.r'/b/ - ._ " Approved Datefjw,$l Job No. IL\cLC*Cb .&x /56 8. e 0 + ,. . .J .... *- 8 ~0"" "; .$ $ id 1" I' 4' ! ,q . ' ~ i ; ,f , -e- ;4 p .Y ,J '... , : /.e :t /f c- . .~. A ; 5' .$, y .- ,) *.;)I $ .J d,+' ..-i -_,:_.e.- .Q ."+=" x+:< . . . - . . .. . . - . "". . . ,. - ~. ."." , . . . .. 41Tl FILE/PAGE NO .._____ ." RE RDED AT REQUEFT 1 "". Fh MAR 5 1964 AT.Y&UTES PAS,-b,,.. SERIES 5 BOOK 1 OFFICIAL RECORDS SAN DlEGO COUNTY, C 'LWI A. S. GEAY, COUNTY :do