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Home My WebLink About; HERZEN-PETTIT, INC.; 41712; Easement? 1 . *: ' p .' 0 * ri Y ( 13 -AHS -LC. LC ,. \ I. ;. '. . E'ASEMENT """" .-, ! .. .. EEXZZN-PETTIT, INC . -i h hereinafter called the "Grantor", for valuable consideration, receipt whereof is hereby acknowledged, do hereky grant to the City of Carlsbad hereinafter called the "Grantee", the ndn-exclusive easenent and privilege of placing, constructing, repairing, maintaining and using a sewer pipelin and all necessary and proper underground fixtures for use in connection therewith, upon, along and under the hereinafter described easement, toget. with the right of ingress thereto and e@ess therefron; by a practical rout or routes, over and acrosithe Grantor's land situated in the County Of Sa' Diego, State of California, and more particularly described as follows: - The Easterly 1 acre of Xot 11, Block "C" of the Resubdivision of watts 238 and 243 of ThUm Lands, in the City of Carlsbad, County of San Diegc State Of California, according to Map thereof No. 2103, filed in Office Of the Recorder of San Diego County, the Westerly line of said Easter13 one acre being parallel with the iiv'esterly line of said Lot 11. 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 the above described prope Then.ce from said point of beginining North 28'4Cr 1Jes-t along the \Jester1 line Of said property a distance of 101.24 feet to the true point of beginning of the center line to be described; Thence frm said true point of beginning North 72'50132" East a distar_c< of 29.44 feet; Thence South 51'13'35" East a distance of 57.66 feet, more or less, to a point on t'ne Easterly line of said property a distance of 46.52 feet from the Southeasterly corner of said property. _. ,/- -1 >"-d" $1 '.. .. , ' . .d ' c- . 0 9- ,r 65 -2 - Grantor also grants to Grantee the right to use as a temporary working strip during initial construction of Grantee's sever 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 acceptan hereof that upon completion of said initial construction that it will rest the surface of Grantor's property, wherever distrubed, to the condition an elevation at which said surface exists at the time of commencing construct of Grantee's sewer pipeline, excepting the portion of' Grantor's property permanently altered by embankment construction as hereinafter provided, an excepting the graded portion of the hereinbefore described temporary worki 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 protecting embankment of concrete or stone to control tidal ersoion of the existing s line and prevent damge 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 slope 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 show on Sheet 3, Drawing IJo. 133-9A of the '*urn Eedionda Sewer Right of Map", dated November and December, 1961, and filed in the Ebgineering &pa: ment of the City of Carlsbad; it is specifically covenanted by Grantee tha. nothing contained in the hereinbefore described provision for construction by Grantee of said protecting embankment shall prevent Grantor, or their s' cessors and assigns, from filling or construction upon, over and Southerly from said embankment to make use of Grantor's property lying Southerly fro] 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 il that event Grantee's interest in, right to install and maintain said protec ing embankment shall cease and terminate. ,, * (0 ( -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 embanbent area any other manner not incompatible with the rights conveyed herein to Grant1 provided, however, that Grantor and their successors in estate shall not e: or construct any building or structure of a permanent nature, or plant any tree, within the limits of the hereinbefore described sewer pipeline easern 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 othc easements granted or established, and Grantee shall be entitled hereunder disconnect and/or remove any and all other fixtures of any type whatsoever installed pursuant to any such subsequently established easements from the easement herein granted whenever it shall be reasonably riecessary to do so in order for Grantee to enjoy and use its rights herein granted. 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 E assigns, all rights herein without any charge to Grantor for such quitclail: IN WITIYESS WHEREOF, the Grantor executec 4 these presents this 13 $9 day of ds$.t-& c +>c, ? 196 \c- - HERZEA'-PETTIT, INC. I I cay- ,,. <,>, 2"- . -p.g/ - ..' - ' _, - <A ;:-: 3) 2/ Ice-l-reysJyt </ CERTLFICATS OF ACCEPTPJXE 4- ~-"---- -I">~ [/[< /5'4 This 5s to cer,+;ify that the inksrest in real property Secretary csmJ.,o T rived by w y w dated. Tt 2 3, )FV , ~TTI Herze/v .. , - yaX7~ ZY~, +-o JG-,~ C: '71 c.: "'q I--h--ri ' . , a l?s7.;..f.i,2al oorp- , ora+ion ?,yq,/ny gc,u-.:-rn:z p.~.?.lr i2*,..-\-~-.T:'. .',:; :. .- I.- . -.- 7.-??.? e.l. . ,. . . -3 1. . - by G.2;;!:I.. *.e "y, c:.! .. .;- "b$r.:.(y'. J-" 3 -:! " . . . ,. e..? bJ I .L. -. .: . r:. : . ,.. ,:* <..:.2":? on th2 /g~+ <l,ay of +t~l,,'iF+~~+ , '.?:: . :.--<-.:-. ty:.;.F,:t;> ccnsents to recorda-tion theroof 92 its du?;.' a,ql.horited Gffieer. DATED: vwf gG .fl' * .. - . .; ." ' - ,- ~.. . . .,... i ,, *,, . . . ' . .. ... . ,yk.~~~.-~:i"i''..:_:.,tLk: ,$ 1" +-.,:*e . . ,~, %' W Y $I.TY .. OF I CAKLSZAD .c: rn ~. / rD /7b7 (I, * 654 - I (Corporation 1 -1 j STATE OF CALIFORNq COTJNTTF 5- kl iE (: 0 On ,a, \3 \C\b\ before me, the under- signed, a Notary Public in and for said Count and State, personally appeared C. I?, VQN HEIiZBN 1 ss. p: known to me to be the-zpresident, and I ,PAU.L ECKE , known to me to be w , '> s _. -I ,: . i. ,, n .. ~ Secretary of the corporation tha.t executed the $ .< Sthir? Ins<rumen-t on behalf of the corporation ther'ein named, and .: wi&a'Jnstrument, known to me to be the persons who executed the 1: ri&now,le,dg&&;'~o me.that such corporation executed the within instru- I : ment pursukint to"its by-laws or a resolution of its board of directors. i < ,I E' - , ...+.. ~. ~. " I... .. .% "+. ,:I j. 'W , k FILEPAGE NO ...---------.-"-"- RECOYED AT REQUEST QF ;& d$-& ydJ, ".a . s MAR 5 1964 AT..*MN"TES PasT."" SERIES 5 BOOK I$" SAN DiEGO COUNTY, C .LIFORNIA OFFICIAL RECORDS A. S. GRAY, COUNT;' i(=CBRDER