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Home My WebLink About; ECKE, PAUL & MAGDALENA; 41717; Easement: 't ', * ., s I, .. __.*A 9 c. .r 4 1 ,,/ a/ 2' i >. /, (39-m E'ASEMENT """" Al 6- _, c" ~.\'Rz, L Fcii E hi \%P&\&L% & ,i3Q([r" / hereinafter called the "Grantor", for valuable consideration, receipt whereof is hereby acknowledged, do hereky grant to the City of Carlsb hereinafter called the "Grantee", the nor;-exclusive easenent and privik of placing, constructing, repairing, maintaining end using a sewer Pipel and all necessary and proper underground fixtures for use in connection therewith, upon, along and under the hereinafter described ~W2ment, tog with the right of ingress thereto and egress therefrom by a practical 1-0 or routes, over and across the Grantor's land situated in the County of i Diego, State of California, and more particularly described as follows: - kts 3, 4, and 5 in Block 'ID" of Bella Vista, according to Map them No. 2l52,-filed in the Office of the County Recorder of San Diego County. Excepting from said Lot 5, the Southeasterly 127.0 feet thereof, measured at right angles to the Southeasterly line of Iot 5. Said easement in the aforesaid lands shall be 15.0 feet in width, be 7.5 feet measured at right angles, on each side of the following describe center line: Beginning at the most Westerly corner of said Lot 3; Thence from said point of beginning North 52"OO*OO" East along the w erly line of said kt 3 a distance of 113.23 feet to the true point beginning of the center line to be described; Thence from said true point of beginning South 31°52'30" &st a dist of 352.04 feet; Thence South 11°26t40" &st a distance of 173.16 feet; Thence South 25°05120" &st a distance of 147.92 feet; Thence South 50°56t~5" East a distance of 66.47 feet; Thence North 88030t 35" &st a distance of 166.00 feet; Thence South 58"52t00" East a distance of 190.84 feet; Thence South 72°32t10" East a distance of 22.49 feet, more or less, i point on the Easterly line of the above described property, said poi] being Northerly along said Easterly line a distance of 19.45 feet frc the Southerly line of said bt 5. - -. ,.- ... 76'- .- . .. . . W - -2 - 676 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 acceptance hereof that upon completion of said initial construction that it will restore the surface of Grantor's property, wherever distrubed, to the condition and elevation at which said surface exists at the time of commencing construction of Grantee's sewer pipeline, excepting the portion of Grantor's property permanently altered by embankment construction as hereinafter provided, and excepting the graded portion of the hereinbefore described temporary working strip wherepn restoration of the ground surface to its original elevation and cond.ition may be impracticable because cf existing slope. .. Grantor also grants to Grantee the right to install a protecting embankment of concrete or stone to control tidal ersoion of the existing shore 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 Mean Sea Level, .U.S.G.S. Datum, and which embankment shall be constructed and surfaced in such manner and at such s,l,ope as not to impede Grantor's ready . .. .. access to the adjacent waters of Agua Hedionda Lagoon for boating or other purposes; the location of the contour 5.0 feet above Mean.Sea Level being as sham on. Sheet 3, Drawing No. 133-9A of the "Agua' Hedionda Sewer Right of Way Map", dated November and December, 1961, and filed in the-Ehgineering Depart- ment of the City of Carlsbad; it i.s specifically covenanted by Grantee that nothing contained in the hereinbefore described provision for construction by Grantee of said protecting embankment shall prevent Grantor, or their suc- cessors and assigns, from filling or construction upon, over and Southerly from sdid embankment to make use of Grantor's property lying Southerly from 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 construction serves to protect Grantee's sewer pipeline from erosion damage, then and in that event Grantee's interest in, right to install and maintain said protect- ing embankment shall cease and terminate. ., .. .. " -. .- f’ J e 0 -3- Grantor expressly reserves the right to install, and/or to gra easements to install, across, upon or within aaid pipeline easement, uti roadways, and other facilities necessary or convenient for Grantor and Grantor further reserves the right to use the easement and crsbonkmcnt ar any other manner not incompatible with the rights conveyed herein to Gral provided, however, that Grantor and their successors in estate shall not or construct any building or structure of a permanent nature, or plant ai tree, within the limits of the hereinbefore described sewer pipeline easl whtch 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 01 easements granted or established, and Grantee shall be entitled hereundc disconnect and/or remove any and all other fixtures of any type whatsoeve installed pursuant to any such subsequently established easements from tk easement herein granted whenever it shall be reasonably necessary to do s in order for Grantee to enjoy and use its rights herein rnaated. Grzntec 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 thc non-use and abandonment of same for a period of two years; and in such evc the Grantee shall forthwith quitclaim to the Grantor, or their successors assigns, a31 rights herein without any charge to Grantor for such quitch3 IN WITNESS WHEREOF, the Grantor execute / these presents this >q ’’ day of J&, t ‘d a$ ’ ~, 7 196L. Q7&F/ ” ,.// oi . . ’, ,Lu~L/L/tA</x& 1 ,\A, 4- - $7 6 %* ' r + 0 * -4- ST.ATE OF CALIFORJYIA CCUNTY QF SS. . 1 &$ hEG c> On fi& ,. xq. NL4 Wore me, the undersigned, a Notary Public in and for said County and State, personally appeared n '\ kL SC,cE- + bl W!b*F;a, pr FZQ3-L 4 known to me to be the person (s) whose name( s ) '!w ___ is (are) subscribed to the within instrument +' , ,>:\?1"15SDO?g,.,?".1, . .. ...''.'. :$ ,':' / ', $.,* aarid;'-ac&nowledged that \Way' . -. . .. .i ,.." eecuted the %&me. '. . . ,:>:** .* ..~.~~~,~.~,~~~~:~.~~,. .:;i-..J;.L ' . .. : I_ .. ' :," * .. ,. GFTTFfC,! ._. "" - VXSFA.CC@TANCE This is to certify that ths in-herest in real prope: conveyed by hd g &uk dated w k 4) // lf , f~-na oration ?-3d/or g*.:y-y;lgc.p+?,l agc'y;: : . ' '\<'.. :y, . . by crdey of 4L;& CI.2;;. CcJuncil of t:?*> :' ; ',:-> "II P~~h tL )q&&~~;~*' tne /g= day of F&&i, /.%L , an.- i ::;L . ._ ;* , . .I ,?. . . :(-. , ** +be C'';?; 7-f Pg .... -l "7, . 3 . py,.-&.?...: *_ \ : 2.; !. >,-..:.. s.7 . _. .. . _. -E .. '~.. .. . p" ij . .. .. . ,- .-:~ " ' .. .,,I c 1: 2 to recordation thereof by its duly au.tMrti;.:G? oZPj.1 DATED : '"7 $6 /?&. ,. ,.y:-;.: . :'& :, , . .~ .,; ; , . - >. , %,x:.?- .,, ' ._ . ~ I i! . , ,_._ I' -, . . I % I,?;;. - . s:>+rf ,' : - : vi \l CITY OF CAXLSSAD BYWYdf 4 _. . , i City Clerk e v 0 ,f", t .'. I i: i ', I 1 $. ', -s .. " ,$ .A- $4"~ p" 02-JL /2+ ; FILE/PAGE NO ..______". ".-.". RECORDED AT REQUEST Of @I22 5 1954 AT.. _,_ lNUfES PAST ._......!f- SSRIES 5 BOOK 1964 OFFICIAL RECORDS SAN DIEGO COUNTY, C ilFORNlA A, S. GRAY, COUNTY E.LCORDE# P$Q *, /-" "\ q l' I) I- y ' -, ;+{ 8 L,. .,= . I 1 - -e ,, :I i' .. -c v .' " I" I' I ~. -e-- &' . /". ,"""..I 1 .,/" ,,./ ... i i,fJ 4%' FlLElPAGE NO ..______._._ &".--- RECORDED AT REQUESi 01 ".*..I.. t2h MAR 5 1964 firkf.&lNUTES PAST;. ,,.... SERIES 5 BOOK 19 OFFICIAL RECOROS SAN DIEGO COUNTY, C. LIFO1 A. S, GkAY, COUNTY ki;CORI .. * *.,r -'. , ri .\ * 679 c 2, L: e! /?EL'. 3") 7-L E. w-?: 2.3, '.z7 Cf' :l- y QF ~#-4i?L&&ql-, 3065 Rosecrans 1 K4 S&'&fNT WAS 20 8 - /: ASSOCIATED ENG San Diego 10, Calif A,Gl/A A?EQ/(2&?.7,4 -5 EWER . . AC 4-2467 / ?!TU?- IJIl olr b,&'/ PLAT Ng /9 Drawn by TM'W Date//";/ -_ Approved Datekc. c, . &)&,:.;..& &$ /' I