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Home My WebLink About; NEWTON, JAMES Q. JR.; 41713; Easementi I i' '1y a. @ e I .. '/ ( 14" ) ,L E-ASEMENT 4s .. """" ,I I. I, 65 , .. JAPES Q. NEWTON, JR., hereinafter called the "Grantor", for valuable consideration, receipt whereof is hereby acknowledged, do esherkky grant to the City of Carlsbad, hereinafter called the "Grantee", the nm-exclusive easement and privilege of placing, constructing, repairing, maintaining and using a sewer pipeline and a11 necessary and proper underground fixtures for use in connection therewith, upon, along and under the hereinafter described easement, togett with the right of ingress thereto and egress therefrom by a practical route or routes, over and across the Grantor's land situated in the County of Sar Diego, State of California, and more particularly described as follows: - bt 10 of Block "C" Resubdivision of portions of %acts 238 and 243 o-f Thum Lands according to Map thereof No. 2103, filed in the Office of the County Recorder of San Diego County, State of California. 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 described center line : Beginning at a point on the Westerly line of said Iat 10, a distance of 46.52 feet Northerly from the most Southerly corner of said Lot; Thence from said point of beginning Southeasterly in a straight line distance of 26.53 feet, more or less, to a point in the Southeasterl: line of eaid Lot 10, said point being Northeasterly along said line i distance of 32.83 feet from said most Southerly corner of said bt. -.. .. 85 .. . .- 7 SI .. ,\ * 0 -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 acceptanc 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 mY be impracticable because of 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 1 line and prevent damage to the Grantee's sewer pipeline; the northerly boundary of which embankment shall not be higher than 5,O 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 shown OR Sheet 3, Drawing fiJo. 133-pA of the "&w Hediondr! Sewer Right of Map", dated November and December, 1961, and filed in the Engineering Depe ment of the City of Carlsbad; it is specifically covenanted by Grantee ths nothing contained in the hereinbefore described provision for constructior by Grantee of said protecting embankment shall prevent Grantor, or their E cessors and assigns, from filling or construction upon, over and SoutherlJ J'' 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 constructio~ serves to protect Grantee's sewer pipeline from erosion damage, then and : that event Grantee's interest in, right to install and maintain said proh ing embankment shall cease and terminate. .. I ,I * e ,. b -3- Grantor expressly reserves the right to install, and/or to grant easements to install, across, upon or within aaid pipeline easement, utilit roadways, and other facilities necessary or convenient for Grar,tor and Grantor further reserves the right to use the easement and crnbankncnt area any other manner not incompatible with the rights conveyed herein to Grante provided, however, that Grantor and their successors in estate shall not eri or construct any building or structure of a permanent nature, or plant any tree, within the limits of the hereinbefore described sewer pipeline easerne 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 othc easements granted or established, and Grantee shall be entitled hereunder disconnect and/or remove any and ail other fixtmes 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 its r:ghts herein granted. Grentee : 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 disconnecl 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 eve1 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 MHEREOF, the Grantor has execute these presents this %OTk day of January , 196 - 4 . J Q, NEWTON, JR, '. s 4. .>._ , ., j- I, 9 0 -4- 6358 ST.ATE OF j&m B~J yo~ CWNTY OF NEI;J yo~ ss. JAMES 8,. NEWTON. JR on,+ 194 y Wore me, the undersigned, a )rotary Public in and for said County and State, personally appeared v /c/ .5 ~ -~- known to me to be the person& whose name&& is &#g&xsubscribed to the within instrument and acknowledged that he ~. ., Signature' Line r -1 ?,:&+:-[. p~erry ~t~ic ~~~~i~&or, !kp!res "Ireh 30. 1965 CERTIFICATE OF ACCEPTANCE "_ -----"-"""__ w Th3-s iS to Certify ::hat the interest in real dated - a, /4id Yf from S4MC-s q?Ne.&37 >:T.++ an pLnq/ . or go~:::2.;j::a --? *-:1,1 ;LgB?,c?7. b~ ci-.G.?~ 5:' tt.,~ Cjty CoQncil of tEc* Kj,.,ky o,t ,, *,, , , ";<;; '1, ,. '.. c ' F" c L G 0.;; the /ge 1::2. . q r7 + a??:?. z %:e gys,n..ta to recordation t32reo by its dul$ 8,u$horized. "nq-r-" .od by AO&, J' Lk . .. i ' "0 +he c;+y o-; h,?? sb.zy(,,:;.a ~o~3~; j3"i"-eB., /769 DATED : 7- 36 1% $ , ._ ... . .. ,. . .. - -. .. . .. - ; I._ _. + ' ., 7 .i .. ; , .._ . .- ,,:j, , :"2' :" . ,, , ., ..?- .." CITY C.F c,$2~&g&, 2 >. 1.. &#&&p BKW .. . City r lerk 0 * .. *. <, 1) 5 .- _i 1. ,. A. . pt, .. 2 c,-" , ...I ". &T A$ % A2 m 61 ?-!!*,,, FILEIPAGE NO ...- _.___ ._________..__- RECOJBED AT REQUEST,OF -.a ..... L fz . "Lr. e;i E;I1Aj? 5 19/34 Al-hINUTES PAST ... ....._ ____ SERIES 5 BOOK 19 4 SAN DiEGO COUNTY, C..LIFORNIA OFFICIAL RECORDS a A. S. GRAY, COUNT,' It-CORDER @Q . _. a * " I. c- I \ ._ , .. <.,. . \ .. . 1. ~ .. . '\ ,. ._ . . Te -4" u '6us1G5 _-. 43 FlLElPAGE NO ._______ ~ _I___ RECOjDED AT REQU Y ........ X2ti.L MAfi 5 1: A, .h\N"TES PAS1 SERIES 5 BOO1 OFFICIAL RECOl SAN DIEGO COUNV, c A. S. GRAY, COUNN I