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Home My WebLink About; MAURER, N. P.; 41718; Easementrl t *' I. *.L 0 0 '0 (20-AHS ) E-ASEE,R4ENT I Q !;; """" e: A!/? flhAE R. .I 'I, hereinafter called the "Grantor", for valuable consideration, receipt whereof is hereby acknowledged, do her.;:.y grant to the City of Carlsbad hereinafter called the "Grantee", the nm-exclusive easen;ent and privilege of placing, constpucting, repairing, maintaining 2nd 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 egress therefrom by a practical rout or routes, over and across the Grantor's land situated in the County of Sa Diego, State of California, and more particularly described 8s follows: - The Southeasterly 127.0 feet measured at right angles on Lot 5, and that portion of Lot 6, in Block "D" of Bella Vista, according to Map thereof Ro. 2152, filed in the Office of the County Zecorder of San Diego County, lying Westerly of a line and the prolongation thereof that is directly parallel with and distant 300 feet Westerly measure at right angles from the Easterly line of said Lot 6. Said easement in the aforesaid lands shall be 15.0 feet in width, bei 7.5 feet measured at right angles, on each side of the following describe center line: Beginning at the Southwesterly corner of the above described propert Thence from said point of beginning North 17'54123" East along the W erls line of said property a distance of 19.45 feet to the true poin of beginning of the center line to be described; Thence from said true point of beginning South 72°32110" East a dist of 127.00 feet, more or less, to a point on the Easterly line of sai Lot 5; said point being North 17'54123" East a distance of 20 feet f the Southeasterly corner of said Lot 5; Thence South 84'41'37" East a distance of 69.17 feet, more or less, a point on the Easterly line of the above described property, said point being Northerly along sa.id Easterly line a distance of 35.94 fc from the Southerly line of said Lot 6. , - ,/".: " 84- .. 1. -. ...\ 0 0 ( -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 acceptar hereof that upon completion of said initial construction that it will rest the surface of Grantor's property, wherever distrubed, to the condition ar elevation at which said surface exists at the time of comencing construct of Grantee's sewer pipeline, excepting the portion of Grantor's property permanenzly altered by embankment construction as hereinafter provided, ar excepting the graded portion of the herein3efore described temporary workj 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 embznkment of concrete or stone to control tidal ersoion of the existing E 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 slope as not to impede Grantor's read) 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 shown on Sheet 3, Drawing Eo. 133-9A of the "&w Hediondc? Sewer Right of Map", dated November and DeceEber, 1961, and filed in the Ehgineering Depa ment of the City of Carlsbad; it is specifically covenanted by Grantee tha nothing contained in the hereinbefore described provision for constructior by Grantee of said protecting embankment shall prevent Grantor, or their s cessors and assigns, from fillrng or construction upon, over and Souther13 from said embankment to make use of Grantor's property lying Southerly frc 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 i that event Grantee's interest in, right to install and aaintain said prote ing embankment shall cease and terminate. , .. . a". . .3 a * 6t -3- Grantor expressly reserves the rigbt to install, and/or to grant easements to install, across, upon or within aaid pipeline easement, utilit roadways, and other facilities necessary or con-venient for Grar,tor r*nd Grantor further reserves the right to use the easement and c1cbr:nkmcnt area any other manner not incompatible with the rights comeyed herein to Grante provided, however, that Grantor and their successors in estate shall not er or construct any building or structure of a permment naturre, or plant any tree, within the limits of the hereinbefore described sewer pipeline easeme which ~ould interfere with reasonable and proper use of said easement by Grantee for the purposes for ~hich it is herein grar?ted. The easement hereby granted shall be superior to any and all othe easements granted or established, and Grantee shall be entitled hereunder disconnect and/or remove any and all other fixtcres of any type whatsoever installed pursuant to any such subsequently established easements from the easement herein granted whenever it shall be reasonably necessary to do so in order for Grantee to enjoy and use'ita rights herein grgnted, Grzntee 5 sustain no liability to Grantor, his successors or assigns, or the owners c any such subsequently granted or established easement by reason of any sucl: reasonably necessary disconnection and/or removal, and shall sustain no obligation to replace or repair any such fixtures following such disconnec- or removal. 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 quitclai: IN WITNESS WHEREOF, the Grantor /I/ f flfl r/R,ER execute t 1( these presents this /3 - day of " ANLJ'Ak'I/ , 196 - y . I w P &d" *I 4: * .-v 0 li 6 H; -4 - STATE OF C.4LIFORJJI:'i COUNTY OF ss. - ~~~ - _~~_~" On before me, the undersigned, a Notary Public in and for snid County and State, personally appeared .\ -kLbLLGL!u+i \ 3 \ 'i\ L 4 J \ L, Q. &\ft,C&? L - " known to me to be the person (s ) whose name (s) is (are) subscribed to the within instrument .*~i~,t5~~:::~t~;, and acknowledged that " . t' .,.'< +%" &gg$&~Fhe sclme. ., $? + *:*~ ~. 1 ,r 0 e. " .:;. L I ._ < 4 :;)<.:."% c- ; - :.".. .__ '." . ; . :- (sekl) ."... /-. ? ... .. , . ._ "> . - . ,. . A'. -. . -. - . . : _. ". x, 7. ' , .: '" +\ .. . -- ,,<?.A/ . .(_' . ..' dn 3Tok;ary Signa we Lin -,.,~:,%:;..~>a:.," .." ,>: . . , , ' -4 k',+b+$b.&@~- '". . , '" . -. . : . . . -. I ' 7;c- ..-- ; .. -, ri ,I. ,, .., ....._. .- .*' .I . ,. 5 ,, -, " , .- " CERTIFICATE """.__ -,"-" OF ACCEPTANC~ - This 1s to .cer-t~~y that the interest in real pl "??rcysr' bg ,&&&.z.& /jz Y- ,ate? wk 19, /P64 , pOT r/. /" P74 i./ i"g,iz 4% %jo ~ >" &/I e. FILEIPAGE NO ._____I__ -- RE RDEQ AT REQU3T OR -1.. $$e2 W. - . ~. '- , to tre C!+; of I'!r. ..I -.h!, '.:+ ,?SI.?.$Y _. ., orat! c:% an.?,!cr go-.~?:.rn.n .n+2~. agen.:;:;-r, ..~~~~~~~:~~,:~?~,.:~ . c I. ." by pV"<"+ ,-.:b& c.,c. ,& :::> !? ci. ::::f i.l.3uncil of thy..;;:i.:y. of ,;:-.:*. the /5 ?.ai7 cf Ydpub -4') I~LY , 2n.j .::.iaL ET'c%+c?e .. . . . .. $6, F@OC3~kitiOZ3 thernDf by its duly a&harlzed 0 D~FEZ: 7-7 s=2B, fqk 9, L.: .:, . . .I I.: ! , 5 CITY OF CARL,cj&B I ; i- SAN DIEGO CQUNTY. C: LEFORllA BYV7 &"Zkl L A. 5, GW, CgYW ::+:;w5;al FE% City Clerk