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Home My WebLink About; ATCHISON, TOPEKA & SANTA FE RAILWAY CO.; 83-134998; Easement: ' " 'f'c, .,* FECO ING REQUESTED B .o *I!{<, 32 3905*231.3(2-229.3) Elm j CITY OF CARLSBAD 83-334998 ,-.-.-.. ._ AND WHEN RCCOIOLD MAIL TO j i. ~- .::; . .' ' I . : 9 . , ~ ,~ ,. _. - . ". . " . ',, . i L? ;),-,'.: '", 1. <Vi+, 6 ,.:q 'I I> ~ ns;!,.,:;s:;!- :~.:-.:,r !;:.,: ,! - ~d', > I , , .~ i ,. / . . , ,, ~, , ,., ,T '* i r , .. 1 Nome Stml CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD CA 92008 ; cpJf;r'k,';c I ,.r, ' I '.' , . : ;;,,; ; I.:::$ ;..,;";I lG *. ;.(q I * $: 22 - AddIUS Clh h '\ I/ . (.. -~-. , . '8 L-: , ,. !, , :- , , stoh L J " "._" "-1 - /jy SPACE ABOVE THIS LINE FOR RECORDER'S USE . "". . . . . "" . " __ .. DOCUMENTARY. XMNSFER TAX $-~~:wAvYY~ 1 Easement Deed 231.3(2-229.3) Elm FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, hereinafter called "Santa Fe a corporation organized under the laws of the State of Delaware, hereby GRANTS to CITY OF CARLSBAD, a municipal corporation of the State of California , hereinafter called "Second E an Easement for public street purposes upon, over and across the following desc real property in the CITY OF CARLSBm, County of San Diego , State of California: "__" . SEE EXHIBIT "A" ATTACHED may obtain, permission or authority from Santa Fe so to do, (a) to operate, maintain, renew and/or r(.lr EXCEPTING AND RESERVING the right, to be exercised by Santa Fe, and by any others who have obtain< any and all existing railroad track or tracks, wires, pipes and other facilities of like character up01 over or under the surface of the hereinabove described premises; and (b) from time to time to construc operate, maintain, renew and/or relocate upon said premises additional facilities of the character des, in Clause (a) of this paragraph, consistent with the riqhts qranted herein, without in any instance be required to obtain the consent of Second Party the same as if this easement had not been executed. TO HAVE AND TO HOLD said easement unto Second Party solely for public street purposes so long as premises hereinabove described shall be so used, subject, however, to all licenses, leases, easements, of title which may in any wise affect the said premises and subject, also, to the express condition su restrictions, reservations, conditions, covenants, encumbrances, rights and rights of way, liens and c quent that if said premises, or any portion thereof, shall cease to be used for the purposes above sta then, and in that event, the easement hereby given shall, as to such portion, or portions, as the case be, thereupon cease and determine and Santa Fe, its successors and assigns, shall resume possession th the same as though this instrument had not been executed. This instrument is given without warranty of title of any kind, express or implied, and no covena of warranty of title shall be implied from the use of any word or words herein contained. premises hereinabove described, Santa Fe shall not be liable to Second Party for whatsoever. In case of the eviction of Second Party by anyone owning, or claiming title to or any interest in m In aritness Khereof, said corporation has caused its corporate name and seal to be affixed hereto and this ment to be executed by its Executive .Vice President and Assistant St thereunto duly authorized. THE ATCHISON, TOPEKA AND Dated : February 23rd, 1983 SANTA FE RAILWAY COMPANY STATE OF ILLINOIS COUNTY OF C K On iL1 Ad? 7, I 9 g-2 before me, the under- BY signed. a Notary Public in, and- for, .said: State. personally appeared } ss. ,- , I. . ,. ""3 2,-*:* _. - .., "' "I. . . .. -. , known to me to be the . . .- Vice President, and . _i " ." known to me to be Assistant Secretary of the Corporation that executed the within Instrument. knnwn to me to be the persons who executed the , acknowledged to me thet surh Corporation executed the within Instru wit!lin I~strument on behalf of the Corporation therein named, and ~ ment pursuant to its by-laws or a resolution of its board of directors. ~ WITNESS my hand en6 official seal. Signature y- 4 *&2"4 , -, . .. 5 . -, . . .-I My commission expires , . ., j . Name (Typed or Printed) (This awn for. Omein1 n0larIa.l wall . . "" "___ "I______ . ""I__ ."." . . ~..- - - - . . - - - - , - I - - - , - .- - . x-, ... . "t 0 e 33 EXHIBIT "A" TO EASEMENT DEED DATED February 23rd , 1983 , FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO THE CITY OF CARLSBAD, MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA. A PARCEL OF LAND IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF THE ATCHISON , TOPEKA AND SANTA FE RAILWAY COMPANY'S 200-FOOT WIDE PROPERTY IN THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 12 SOUTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLL BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF SAID 200-FOOT WI PROPERTY WITH THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF BLOCK 16, AS SAID BLOCK IS SHOWN ON MAP ENTITLED "MAP OF THE TOWN OF CARLSB FILED AS NAP NO. 535, ON MAY 2, 1888, IN THE OFFICE OF THE COUNTY RECORDER SAID COUNTY; THENCE NORTHEASTERLY ALONG SAID PROLONGATION, 200 FEET TO A p0 IN THE NORTHEASTERLY LINE OF SAID 200-FOOT WIDE PROPERTY; THENCE NORTHWESTE. ALONG SAID NORTHEASTERLY LINE, 80 FEET TO A POINT IN THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF BLOCK 11 OF SAID MAP; THENCE SOUTHWESTERLY ALONG LAST SAID PROLONGATION, 200 FEET TO A POINT IN SAID SOUTHWESTERLY LINE ; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, 80 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AN AREA OF 0.367 OF AN ACRE, MORE OR LESS. 4 $ ? .' lf'* . *x 4 a ? 34 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated February 23, 1983 from The Atchison, Topeka and Santa Fe Railwav rnmav to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsb; Califomia pursgant to resolutior! Xs, 7190 , adopted On - April 19, 1983 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED : April 20, 1983 By :