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Home My WebLink About; Owen, Oliver E; 41720; Easement,., : .ha Q i . .c. p.> '7 . * ",. ,: ..J ."#' '. , !a ,r j,.: *; 6, 1 p. 1 4 3 a; 1; 2 EASEMENT C. ? c (2 . &2 'd We, Oliver E. Owen'Jr. and Florence M. Owl 5 I/ hereinafter called the "Grantor", for valuable consideration, 6 8 City of Carlsbad, hereinafter called the "Grantee", the non-e: 7 ceipt whereof is hereby acknowledged, do hereby grant to easement and privilege of placing, constructing, repairing, rf 9 J-0 -/I 1 maintaining and using a sewer pipeline and all necessary and f: Kt. I underground fixtures, including manholes, for use in connectic 32 therewith, upon, along and under the hereinafter described ea5 13 together with the right of ingress thereto and egress therefrc 14 practical route or routes, over and across the Grantor's land Is ated in the County of San Diego, State of California, and more 26 17 18 19 20 21 22 23 particularly described as follows: The Westerly 75.00 feet of the Easterly 225.00 feet of Lot 6, in Block "D" of Bella Vista, according to Map thereof No. 2152, filed in the Office of the County Re- corder of San Diego County, the side lines of said pro- 6, said Easterly 225.00 feet being measured at right angles from the Easterly line of said Lot 6, and said 75.00 feet being measured at right angles from the West- I perty being parallel with the Easterly line of said Lot I erly line of said Easterly 225.00 feet. 24 Said easement in the aforesaid lands shall be 15.0 feet in wid- 25 being 7.5 feet measured at right angles, on each side of the fc 26 ing described center line: 27 Beginning at the Southwesterly corner of the above 28 // described property: 29 I 30 31 32 I Thence from said point of beginning Northerly along the Westerly line of said property a distance of 52.56 feet to the true point of beginning of the center line to be described: ,-.@S~'"".** _./ $?+ {.:- * 8 6 .!$ 3,. ;:: I. '%+$",:' ..' ." < .* *' 4> 0 0 &i -2- Thence from said true point of beginning Easterly in a straight line a distance of 75.03 feet, more or less, to a point on the Easterly line of said property, said point being Northerly along said Easterly line a distance of 69.18 feet from the Southeasterly corner of said property. Grantor also grants to Grantee the right to use as i porary working strip during initial construction of Grantee's pipeline, a strip of land 15.0 feet in width adjacent and cont 5l // to the northerly boundary of the above described sewer pipelir 10 1 ment; the right to use said temporary working strip ceasing z 11 being terminated at such time as said initial construction is ted, and Grantee agrees by the acceptance hereof that upon coir of said initial construction that it will restore the surface Grantor's property, wherever disturbed, to the condition and e tion at which said surface exists at the time of commencing co: tion of Grantee's sewer pipeline, excepting the portion of Gra: property permanently altered by embankment construction as hert after provided, and excepting the graded portion of the herein] 20 21 22 23 24 I described temporary working strip whereon restoration of the gr surface to its original elevation and condition may be impractj because of existing slope. Grantor also grants to Grantee the right to install 2 25 tecting embankment of concrete or stone to control tidal erosic 26 the existing shore line and prevent damage to the Grantee*s seb 27 pipeline; the northerly boundary of which embankment shall not 28 29 higher than 5.0 feet above Mean Sea Level, U.S.G.S. Datum, anC which embankment shall be constructed and surfaced in such mann 30 and at such slope as not to impede Grantor's ready access to th 31 adjacent waters of Agua Hedionda Lagpon for boating or other 32 " ' 4- , >r' 0 0 -3- 1 purposes: the location of the contour 5.0 feet abo:ve Mean Sea 2 being as shown on Sheet 3, Drawing No. 133-9A of the "Agua He 3 Sewer Right of Way Map", dated November and December , 1961, a 4 filed in the Engineering Department of the City of Carlsbad; 5 6 specifically covenanted by Grantee that nothing contained in 7 hereinbefore described provision for construction by Grantee 8 protecting embankment shall prevent Grantor, or their success 9 assigns, from filling or construction upon, over and Souther1 said embankment to make use of Grantor's property lying South from said embankment, and it is further covenanted that if Gr 10 11 1 12 I3 // or their successors and assigns, does fill or construct upon, 14 and Southerly from said embankment to the extent that Grantor 15 filling or construction serves to protect Grantee's sewer pip 16 from erosion damage, then and in that event Grantee's interes l7 right to install and maintain said protecting embankment shal 18 19 20 and terminate. Grantor expressly reserves the right to install, an 21 I/ grant easements to install, across, upon or within said sewer 2, use the easement and embankment area in any other manner not 24 or convenient for Grantor, and Grantor further reserves the r 23 line easement, utilities, roadways, and other facilities nece 25 I/ patible with the rights conveyed herein to Grantee: provided, 26 27 ever, that Grantor and their successors in estate shall not e /I construct any building or structure of a permanent nature, or 28 29 I 3o I any tree, within the limits of the hereinbefore described seFr line easement which would interfere with reasonable and prop€ 31 said easement by Grantee for the purposes for which it is her 32 granted. 1) ,i 1'. ' 0: 6 e 1 -4- i The easement hereby granted shall be superior to an all other easements hereafter granted or established, and Gra shall be entitled hereunder to disconnect and/or remove any a I other fixtures of any type whatsoever installed pursuant to a subsequently established easements from the easement herein q whenever it shall be reasonably necessary to do so in order f tee to enjoy and use its rights herein granted. Grantee shal tain no liability to Grantor, his successors or assigns, or t I 18 11 12 13 14 15 16 i I I ers of any such subsequently granted or established easement son of any such.reasonab1y necessary disconnection and/or rem and shall sustain no obligation to replace or repair any such tures following such disconnection or removal. The;.herein conveyed easement shall cease and termin the non-use and abandonment of same for a period of two years 17 or their successors and assigns, all rights herein, without a 18 in such event, the Grantee shall forthwith quitclaim to the G ''11 charge to Grantor for such quitclaim. 2o II IN WITNESS WHEREOF, the Grantor execu 21 22 23 24 these presents this /Yw day of (9~-+ r1 L."k ; -q&& , r c: -.* -2 @ .AM4 25 26 27 28 29 30 31 1 32 I y,;,, As$ ". . ,." $' ~ jl , *,', 1 .. .. / ' . . ;:':..",c (I . C.;" f /., 4' I1 ,a*: 3 I ,'* ,, I ' e a 1 -5- STATE OF CALIFORNIA 2' COUNTY OF 3 ss. 4 San Diego t.i 9; On October 14. 1961 before me, the undersigned, a Notary Public 5 6 8 appeared 7 in and for said County and State, personally I Oliver E. Owen Jr. and 91 Florence M. Owen 3.0 known to me to be the person (s} whose name(s.1 5s (are} subscribed to the within instrument 11 and acknowlq86ed ,. that they ,. 12 executed th& ..same. 1 ~ ..3.-* *e $,Zi >, ;..* j:. ', , r..i .. .li. .> __. . . 19 11 :. I I. , . CERTIFICATE ,OF ACCEPTAWCE A* "_ ".- - z" I This is to certify ".hat the rintere-t in real property conveyed by,, Gy- 21 I dated 4- /4 1 /'PLY , ?T?7Om &/flbp & duaN) '7" @"fnGe .. ,~ .I.j ..; ,.... . .';,.;,v'. ,:. ,.. 22 23 24 ~~/~&nee~.&h??jf, +c! the Ci.:-y :-I? :-:arlsha.d, a pol.itica1 corp- ~,~.::, .,' ':?.., :* :,,: ,.l,) .. .,.. i .;.h . :::: . ' i, '. , . orati,g> a.n,j,/t??y g~.?.. 7'"~ --,'-+. ag,:;n\~;r, 1.6 r,a::.s~~y ;~.co~~p!;ed. .,, ,:"~;$;~j I, ;::. .. by o-rder. 03 .!,Iic (YT.!-t:- ~j(,~;;~ncrl of .:>-e ;:i-t:; cj:f (:r.-z-::.;:ra:l on ~~~~~~.~~,~~:~~,,'~:'~.~~ '* . .:I \.,.:I , ..'I$ )I . x . , :.;, the /g& c-ay of y-i, /$6,# ~ zsn<I i hz y?g:7-t<:~ ~.cn~;ents.'?-~:".,;' ' :'!..;;.,:,;,f;:.-\ .-:.>,':-e. . .;. ,' ,",;,A;;. to recor<-ation -t;hereof by it- duly aut;horized officer. ~i;~:.~'~'.:~:~? ,'..:' ',':f::~ '7.. , .... .si ... , >", 24. . . ' .! .. 4 .. .. b . .. . , ...,I. .> ! . L , ,::.&,., ,.' . ' , e*; ,:",-. :.,"$:.&.,>I ,: PrAT'ZTl. %- 2% fyL$ , .-, . ..,....,.. : , I +,.S.L 25 // a"" YY . 1 J CITY OF CAXLSBAD . .. ! .<.. . .. .I :.; ~ ! "<:,: ,.i. .. , ;, . .:'< ;*;!;.;,.~;&:: ?" j; . <. .. ; '. .llj. . <,i,:,.,L>i... j' ,,! 51. . -. ,, .. .- .. . . .. ., _;,, ,: .. . -.. .;?.", ):,..'!' ,,,,... :j ,' . ...,,. <$ . .,,>. 26 I1 BY. ?]I& y @&&.j..ri:..;. ; , .;j::: &,;,'e -- ' ..y:&:;!.;-, ;;I-., a <. . P,,. 27 28 u CLzy Clerk 29 30 31 32 I I ~ I FWjPAGE NO. MAR 5 14647 AT$%INUTES PAST I,d_c #.A. ..._ ~ SERJZS 5 B60K I9 4 OFFICIAL RECOROS %AN D!EGO !XI" r LlFORNIB' A, S. Cy;+$j C~!J&,'~:,~;Q&WJ