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Home My WebLink About; SAN DIEGO GAS & ELECTRIC CO.; 115165; EasementI. v * .?*- a .-\ VL LJr, v ,? i' ._ I b-,. k ', CERTIFICATE OF ACCEPTANCE F5 <; (p), 0' './ 1: qi I, -,, c>; .I !I v This is to certify that the interest in real property conveyed by Grant of Easement dated May 16, 1962, from the San Dlego Gas & Electric Company to the City of Carlsbad, a political corporation and/or governmental Fgency, is hereby accepted by order of the City Council of the City of Carlsbad on the 7th day of June, 1962, and the grantee consents to recordation thereof by its fuly authorized officer. DATED: July 2, 1962 .' - . 2y ,"$-;.z..;r. -:,:;, ,:" I. . 53 j. :i; 7,' . ._. , ,, . :,. *,- . ,.. - .. CITY OF CARLSBAD =%\ of the )-x= its of Carlsbad, Carlsbad,. California .. - ' . 'S. ,i' r . ?,. I w 0 -, 9% - ... -. GT-Q;T OF EAS'@SMT :7 - The SAN DIEGO GAS ZC EIJ3CTEIC C@FMY, a corporation, hereinafter called the Grantor, for and in consideration of a va.1uabl.e considera$ioa hereby grants to the CITY OF CA?LS.SAiI, a Nunicipal Corporation in the County of Sa Diego, S-bate of California, an easement and right of way for the construction, operation and maintenance of a. storm drain with necessar2 appurtenances thereto, under, though, over, along and. across the Grantor's lxld situate in $he City of Calsbad, County of San Diego, State oil" California, and roore particularly d-escribed as follo~s : That certain portion of Block r*TiJ'r of Palisades Enit 190. 2, in the City of Carlsbad, County of San Diego, State of California, according to Xap Ynereof No. 1803, filed in the Office of tae County Recorder or" said Szn Diego County, August 25, 192& as conveyed to the 3an ijiego Gas & Electric Company by Deed dated kcigu.s-t 2b, 1953 and recorded August 28, 1953, Document KO. 118313, in Book L968, page 5'60, 0fl"icia.i Secords of said couaty- of San Diego, said easenent and right of way to be witnin a strj-p of 1a.d 10.00 feet in width, ljring 5.00 feet when measured at right angles on each side of the Zoolloxing described center line : Comencing at the most 3asterly corner of said Block rr.i,lr, being also the most Easter$? cormr of said San iliego Gas & Electric Conpaq- lad; -2nence dong the itortheasterly line or" mid Bloek Wr, being also %"e Xortheasterly line of said San Diego Gas & Electric Cox2any lmd the following couses and dis- -Lance- Xcrth 38" 30' Vest, a dista-nce of 307 e96 feet to %he beginnsng of a. tangent curve concave Southwesterly and. having a radius or" 453.00 feet; Ynence Eortlnwesterly along the zrc of said cume, t'nrough a. central mgle of 9" i;b! Ibfi, a distance of 77.78 feet to a point in said curve, +&rough which 2 -l.adial line of said curve bears Kor'ch L1" 35' 461' East, said point being the TizUE POINT OF BBGIEEING of the right of wa.y herein d-escribed; -thence from said "RUE FOINT 3F 3EGIN3iiEG leaving said Nortneasterly lfne of said Block %J1~ and along said radial Ibe, South kl" 35f 461f bkst, a distance of 100.00 feet. Grantee agrees %%at the construction of said storm drain shall be done "? in a wo?Aman-like lilaylllw, md Graqkee further agrees '&a% the installation shall be mad.e iin such manner ES to ?revent erosion of Graxtor 1 s adjacent prope-rty . Grantor, its successors and assigns shall not be reqzired to bear any portion of the cost of construction, xaintenance, alteration, repaiy cr replacemelzt or" said storm drain and. apprtenances, and GTantee, its swxessc essigns or agests shall be responsi5i.e for any damage to Grailtor's existing facili-ties occasioned by OF a~ising froz the construction of said stom drai withi= said Grantor I s proper-by. Grantor reserves unto itself, its successors md assigns, the right to use the subsurface, surface and a.irspace thereover, of $he hereinbefore .. <,,:% ' w ,. .< :-1 4 r . .. described storm drain right of way, for the installation of such facilities as it shall now or in the future deem necessary, provided, however, that such reserved use rights shall not be exercised by the Grantor, its success or assigns, in such a manner as to be incompatible with Grantee's storm dm ins tallation. In the event that a storm drain is not constructed or installed on the easement granted herein for that purpose, within two years from the date of this instrument, then all. rights herein granted shall reverL to the Grantor, its successors or assigns, automatically and without the necessity of re-en or notice. Also, if for any reason said right of way is abandoned by said Grantee for a continuous period of one (1) year, then all rights herein granted sha revert to the Grantor, its successors or assigns, automatically and without the necessity of re-entry or notice. Grantee, its successors, assigns or agents shall save harmless the Grar herein, its successors and assigns, from any and all damages or claims for damages occasioned by or arising from said Grantee's use and occupancy of si storm drain easement and right of way herein granted. This easement granted is given pursuant to the authority of and upon ar sub Sect to the conditions prescribed by General Order No. 69 of the Public Utilities Conmission of the State of California, dated and effective November 1, 1923, which General Order No. 69 by this reference is hereby inc porated herein and made a part thereof. IN WITNESS WHEREOF, we have hereunto set our hand this ,&gm day of /vxy , 19d' . SAN DIEGO GAS & EIiEXTRIC Co"y, a corpor at%orj! Vice *esj&nt '- a . .. - -. . :-> - ,,. -., . " . " ,. .r I - -.. ~ ... A%& L Secre taxy ,. .. , o - .. .. - SI^,,' .... ., .. . -.- -- , , , * .' .. ._ . .. . jl ,. .. . .. *:, I<^ >. I, .. . .' . 3. .< 1 . . , I . . , , , . .. ,,, . .. : , \.. . Ii, I. !. r : , , .\ ';:,:,*. . ~: -1 , ~. , . .::' ' .. . // ., .,,.'.' -2- v , .' s I* ,t 1 7 4 3. 4 b ,. .. -. STATE OF CALIFORNIA ) ss. County of San Diego ) OM T~IIS 16th day of May A.D . y 1962 , before me, Wallace N. Dibb, Jr, , a Notary Public in and for the said County and State, residing therein, duly commissioned and morn, personally appeared H. A. Noble , known to me to be the Senior Vice Presider and W. J. Kames y known to me to be the &st. Secretary of the SAN DLEGO GAS & ELECTRIC COMPANP, the Corporation that executed the within Instnucent, known to me to be the persons who executed the with: Instrument, on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors, ~ ,. i '. .. i , i , " '. .. I ;, 1; I. i $2 , IN WITNESS WHEREOF, I have hereunto set my hand and aff fixed; &:$f f ic$a 8 .:- , \ seal the day and year in this certifica Notary Public in and for said County ,a.iy~-.%@, > ,_ .I 'a , 2; . ., y. ;,, d I j' -.-. e: :, WAk-uCE N. DIBB, JR. :o MY hIWniSSiMI Expires June 16, 1963 b .. .". ' : .. .. -3- . :.~,.~...~~~"~~,~~- . .,' "% K,? .p3<z3 flElPAGE Nk-,-"~~ RE- &T WEST of: p: 6i* 1962 SERIES 3 BOOK 1962 5AN DIEGO ($URTY, CALIFORNIA A. S. GMY, COUNN RECORDER AT2 ...,.. MINUTES ww .....& 2 -... s OFFICIAL RECORDS -6