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Home My WebLink About; ECKE, MARY ELLEN; 41714; Easementc r dht 3 e a e E'ASEMENT """" / ; -,, . .. 1 i .,, (15-AHS) ji' MARY ELLEN ECKE hereinafter called the "Grantor1', for valuable consideration, receipt whereof is hereby acknowledged, do herbky grant to the City of Carlsbac hereinafter called the "Grantee", the nm-exclusive easement and privilegf of placing, constructing, repairing, maintaining and using a sewer pipeli: and all necessary and proper underground fixtures for use in connection therewith, upon, along and under the hereinafter described easement, tog@. with the right of ingress thereto and egress therefrom by a practical rou' m routes, over and across the Grantor's land situated in the County of SI Diego, State of California, and more particularly described as follows: - The Westerly 50 feet of Lot 3, Block "A", Bella Vista, according to thereof No. 2152, filed in the Office of the Recorder of San Diego County, measured at right angles to the Westerly line thereof. in Said easement in the aforesaid lands shall be 15.0 feet/width, being 7.5 feet measured at right angles, on each side of the following describc center line: Beginning at the most Westerly corner of said I& 3; Thence from said point of beginning Northeasterly along the Westerly of said Ut, a distance of 32.83 feet to the true point of beginning the center line to be described; Thence from said true point of beginning Southeasterly in a. straight a distance of 51.25 feet, more or less, to a point on the Easterly 1 of the above described property, said point being Northeasterly alon, said Easterly line a distance of 49.93 feet from the most Southerly corner of said property. . .. A " 7 7 ," is. .I , ". L f ' 4. 1, b * -2 - 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 acceptar hereof that upon completion of said initial construction that it will res! the surface of Grantor's property, wherever distrubed, to the condition ai elevation at which sald surface exists at the time of commencing construc- of Grantee's 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 protectir 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 othc purposes; the location of the contour 5.0 feet above Mean Sea Level being sham on Sheet 3, &awing iqo. 133-9A of the "Agw Eediondo Sewer Right 0: Map", dated November and December, 1961, and filed in the Ehgineering De ment of the City of Carlsbad; it is specifically covenanted by Grantee t nothing contained in the hereinbefore described provision for constructi by Grantee of said protecting embankment shall prevent Grantor, or their cessors and assigns, from filling or construction upon, over and Souther from said embankment to make use of Grantor's property lying Southerly f 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 tha'c Grantor's filling or constructi serves to protect Grantee's sewer pipeline from erosion damage, then anc that event Grantee's interest in, rignt to install and maintain said prc ing embankment shall cease and terminate. q, ‘ A,’ m * -3- Grantor expressly reserves the right to install, and/or to grant easements to install, across, upon or within aaid pipeline easement, utili roadways, and other facilities necessary or convenient for Gractor and Grantor further reserves the right to use the easement and embanlalent are: any other manner not incompatible with the rights conveyed herein to Granl provided, however, that Grantor and their successors in estate shall not < or construct any building or structure of a permanent nature, or plant an; tree, within the limits of the hereinbefore described sewer pipeline easel 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 ot easements granted or established, and Grantee shall be entitled hereunde: disconnect and/or remove any and all other fixtures of any type whatsoeve installed pursuant to any such subsequently established easements from th easement herein granted whenever it shall be reasonably necessary to do s in order for Grantee to enjoy and use’its rLghts herein g.13ailted. Grzntee sustain no liability to Grantor, his successors or assigns, or the owners any such subsequently granted or established easement by reason of any su reasonably necessary disconnection and/or removal, and shall sustain no obligation to replace or repair any such fixtures following such disconne or remova 1. The herein conveyed easement shall cease and terminate upon tk non-use and abandonment of same for a period of two years; and in such es the Grantee shall forthwith quitclaim to the Grantor, or their successors assigns, all rights herein without any charge to Grantor for such quitck IN WITNESS WHEREOF, the Grantor execut I these presents this 22- CKrY day of 9~4aGc~--c~ , 196 - g. Ll < L m' a ._ )((,0~11111 ,\*' \Q 'A , w 1 :'iff;:a. - ... , :: * &#by *' .? p j ;a,?f*,.A =-"'"\a :.+. ,, 4 $..& 4. L. * I> 1 ~ 'i 'e-;.. ..:.". %,; 9 1 a I I L*hk#): ,: .' ... " / q : .~ -..***"- ,). -:. ,,,n:> [P /'> /- i,* 3' :,,ii: "i 1' b2,jd.5f :J ' -_- .,.4 +L, t" i. '? _e- 3 6- :: N" 1; 417l!€ FILEIPAGE NO ...____._ ... .__.-_..__. - RECORDJq AT REQUEST OF I - 1s- *T.L.L%WTES PASt,.. ....... ." SERIES Pi*R 5 WOK 5 ,,,,I 196 @PFlGIAL RECORDS SAN DIEGO COUNTY, C I.IFORNIA A, 8. &RAY, COUNTY LdORO€B ^. 7 , b$- <) Y a'. , \ L. *. j e * -LC - *. STATE OF CUIFORBTIA CCURTY OF SS. .? "X &LfC"6~,*4k, t'? .. On . )&+&-/-,&Lut/z4 ,x &2 3. - / 7 Lfl c f Wore me 9 the undersigned, a Notary Public in and for said County and State, personally appeared > fl{Dc,;qf ta ?2!5&<,(~., " (c, & 2 ,i ., I . .// '* L"L. - ' 4 known to me to be the person (s) whose name( s) is (are) subscribed to the within instrument and acknowledged that / executed the same, (Seal) /' dY -dli &c, &.<..,/ .. (r-, 65 ., & g ?f&J- n (Notary Signature Line) oowls E. OSMAM By Cornmission Evpires hg~st 24, 2967 .L, " .. "_. . "".._ "_ CERTIFICATE OF ACCEPTANCE r""" Th?? !.s LO csr-tifg that the in'terest in real g ." ?.? - ... . >..h'l . ., - by "& 7 - / _. '; .*.. Ti E the /dit !:?a.y of +L&%&y ' @4$L , an.?'..i";:,ri g$:.!,>.tc:: ?a+>' ,- ~2, 4s 4 , pc;n ,~brr/ ,ELA*"' @;;a4 I,:? :'" 7 /."' ".?""..* 1 ny- y.tpbJ .-q,q~r-r: ,I 5: ->' L,,-. ...Y~-~ , "0 ':h! C'"y ,?.? l-1-.7r.l-.,q..,.c . :: ,<. ~ , r?. WJ. i ? .. l~;? ,;;.;.*-.--y 0;: ,!,h : C: .j_..v I,,. <mcil of ~i.1 -,*':,w.; !;)! (>;; *e. :. , -,( L..' J.. .. .. , ,s , ..>, 1 I . to recordation thereof by its duly auth.ori7:ea. f DATE;? : 7- d6, f sb q- L. .. , ,-. , ' .I:-. ,. ... ,:' ..; ?.>" , CITY OF ClZ1;LSBt;D .. .. . BY. City Elerk @ * ' ' If#'' 'A I 64 .\' \Q .. . .*. ' &,>. p ' ; ,e- e.:.. . .'; .. : a. "& s.,. E+.?,. , * 4 : - .ne& .i\ 3%: ,. -; * '.,2" (" ' . 1 > e+!. "? ". " " . J ';.=,J I= 8 I L ,l8#Ifl!lf .- 3 4 2" ''~~#',,,,,~ &A0 * ., ,\ % .* , J ?j< "Y+j E A" i -,e FILEPAGE NO ...____-.".__..__ - kT.+%NUTEJ PAST ..,......_ ." SERIES MAR 5 860K 5 1g64% 196 SAN DiEGri COUNTY, C LIFORNIA OFFICIAL RECORDS A, S, GRAY, COUNT:' h;COROER ,:e ," ,P ,>@$$b' ,\ .e .,''%. 1. .o Q 664 L 6 e, AD/? ML5 -3" --. "-----'"--, - ,< tL . b , 5 I' 41. I" , . .. :.? . "v, l3, 1 ,\, 9 ar' / / /j y/s-r/] f-L"Y- --.---.- -- .""_" "__""__" ., i ji jbj/];+ d ,2152 I,; ! '. .. ,JEZ T/SiE . ~?-:r :13,, $27 S,? sF&l=J: ;- pL'Ls z-, E - f? ASSOCIATED ENC c/ 7- Y Of' CARLSSA.9 San Diego 10, Cali 3065 Rosecrans I . A@U4 k'EDI0h~CA SE W€R AC 4-247 7 /(J"H-r- G4C- WA.'f p:: A T f-j-0 1.5 .~ Drawn by 7iv'bv'' Date//'-2.%7. Approved Date A-, 6; k ____". - &/,&<* p .:;.<;' r, , ,? .. . .i - I; -