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HomeMy WebLinkAbout; SAN DIEGO GAS & ELECTRIC CO.; 62682; Easement. .3 - 5' ub 0 c 1 , .- ,, ,r GRANT OF EASENEXT ,p ,;' 'I r x. I , ," ,;.J SAN DIEGO GAS & EBCTRIC COMPANY, a corporation, hereinafter called the . "Grantor,*' for a valuable consideration, does hereby grant to the CITP OF CARISBA a municipal corporation, in the County of San Diego, State of California, herein- after called the "GranteeYtt an easement and right of way for public street and incidentals thereto, through, aver, under and across the Grantor's land situate in the City of Culsbad, County of San Diego, State of California, and more particularly described as follows : ,I J' Q .. ,.. Parcel 1: ,.," ~~:y,. :! ' i a) 2- :. t r . 2 p ,:: :.- -* / 3 6 -,lo I \2%J -. c1 L That portion of Lot "Htt of Rancho Agua Hedionda, according cc ... .. to Partition Map thereof No, 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, described in a deed to San Diego Gas & Electric Company, a corporation, dated September 23, 1948, and recorded October 8, 1948, in Book 2974 at page b93 of Official Records of said County of San Diego, excepting therefrom that certain portion thereof described in a deed recorded in Book 4722 at page 359 of said Official Records, said easement and right of way being more particularly described as follows: San Diego Gas & Electric Company land, which said point is the most Westerly corner of Terramar Unit No, 3, according to the Map thereof No, 2867, filed in the office of the Comtg Recorder of said County of San Diego; thence North 66" 54' 10" East, along the Southeasterly line of said San Diego Gas & Electric Compq land, being also the northwesterly line of said Terramar Unit No, 3 and its Northeasterly prolongation, a distance of 302.43 feet to a point in the arc of a 1340.82 foot radius curve concave Southerly, a radial line of said curve passing through said point bears North 16" 05' 43" West; thence Westerly along the arc of said. 1340.82 foot radius curve, through a central angle of 7" 00' 07", a distance of 163.86 feet; thence tangent to said curve South 66" 541 1011 West, along a line that is parallel with and 10.00 feet Northwesterly, measured at right angles from the above said Southeasterly line of said San Diego Gas & Electric Company land, a distance of 545.55 feet to the beginning of a tangent curve concave Eaortheasterly, having a radius of 9.50 feet; thence Southwesterly, Westerly and Northwesterly along the arc of said curve, through a central angle of 82" 27' 0Og1, a distance of 13.67 feet to a point of cusp; thence South 30" 381 50" East, a distance of 18.41 feet to a point of intersection with said Southeasterly line of said San Diego Gas & Electric Company land, being also a point in the Northwesterly line of Terramar Unit No. 1, according to the Map thereof No. 2696, filed in the off ice of the County Recorder of said County of San Diego; thence North 66" 54t 10n East along the Southeasterly line of said San Diego Gas & Electric Company land, being also the North- westerly line of said Terramar Unit No, 1, and along the Northwesterly line of Terramar Unit No. 2, according to the Beginning at a point in the Southeasterly line of said .* a I) *- , '6 Map thereof No, 2758, filed in the office of the Recorder of the said County of San Diego, a distance of 413.58 feet to the POINT OF BEGZNKING. < Parcel 2: $,j:ld,cr"j ,A; &a;. 2-25 2LUTr /2L-!O , -i< c ." That portion of Lot IrHn of Rancho Agua Hedionda, according to Partition Map thereof No. 823, filed in the office of the County Recorder of San Diego County, Novelriber 16, 1896, described in a deed to San Diego Gas & Electric Company, a corporation, dated December 15, 1952, and recorded January 21, 1953, in Book 4722 at page 350 of Official Records of said County of San Diego, said easement and right of way being more particularly described as follows: Commencing at the POINT OF BEGINNINS described above in Parcel 1; thence North 66" 54' 10" East, along the said Southeasterly line of said San Diego Gas & Electric Company land described in Book 2974 at page 493, a distance of 728.51 feet to the most Easterly corner of said San Diego Gas & Electric Company land described in Book 2974 at page 493, said corner being a point in the Southwesterly line of The Atchison,Topeka & Santa Fe Railway Company's right of way; thence South 23" o6? 00" East, along said. Southwesterly right of way line, a distance of 60,oo feet; thence leaving said Southwesterly right of way line North 66O 54' 10" East, a distance of 100.00 feet to the most Southerly corner of San Diego Gas & Electric Company land described in said Book 4722 at page 350, said corner being a point in the Northeasterly right of way line of said Atchison, Topeka & Santa Fe Railway Company, said most Southerly corner being the TRUE POINT OF BEGINNING of Parcel 2; thence from said TRUE: POINT OF BEGINNING, North 23" 06l 00" West, along the Southwesterly line of San Diego Gas & Electric Company land, being also along the Northeasterly right of way line of said Atchison, Topeka & Santa Fe Railway Company, a distance of 40.00 feet; thence leaving said line, North 66" Si' 10" East, a distance of 60,oo feet to a point in the Northeasterly line of said San Diego Gas & Electric Company land; thence South 23* 061 00" East, along said Northeasterly line, a distance of 4O.OO feet to a point in the Southeasterly line of said San Diego Gas & Electric Company land described in Book 4722 at page 350; thence South 66" 54' 10" West, along said Southeasterly line, a distance of 60.00 feet to the TRUE POINT OF BEGINNING of said Parcel 2. Bearings and distances used in this description are shown on City of Carlsbad Engineering Department DratJing No. 136-10, filed in the off ice of the City Engineer of the City of Carlsbad, California. Grantee, its successors, assigns or agents shall be responsible for any dm to Grantor's existing facilities occasioned by or arising from the construction said public street within said Grantor's property and that the work in connectic with the installation of said public street shall be done in a workmanlike mannc Grantee, its successors, assigns or agents shall save harmless the Grantor herein, its successors and assigns, from any and all damages or claims for dmai -2- * .\ .I a a - .I I " occasioned by or arising from said Grantee's use and occupancy of said public street and right of way herein granted, Grantor reserves unto itself, its successors and assigns, the right to use the subsurface, surface and airspace thereover, of the hereinbefore desmibed pub: street easement and righ-t 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 successors or assigns, in such a manner as to be incompati'ole with the Grantee's public street installation Grantee agrees that if for any reason said right of way is abandoned by Grantee for a continuous period of one (I) year, then all rights herein granted shall revert to the Grantor, its successors or assigns, automatically and withoui the necessity of re-entry or notice. The terms of this agreement are conditional upon the right of San Diego Gas Electric Company to resume the exclusive use of the property hereinabove referrec to whenever in the interests of its service to its patrons or consumers it shall appear necessary or desirable to do so, as provided by General Order No. 69-A of the Public Utilities Commission of the State of California. *9 IN WITNESS MHEREOF, we have hereunto set our hand this2 day of "'8- bt 19&. SAN DBGO GAS & EIECTRJG~,&$Q?M a corpora ion ,x\, ' \. x' I c, i j i. ;. . :<.. ; ) p.+& . ;; , . . i r : ' ' . ' . I '/fi , I L,&&&t* ; , -.;,,. By ,d' ~ "".' . :\ ... 6 " :I "ij~ce. rpresqqg? 'Y. 5". '.e'sC*%& d. 4. I, ,' _..... . c / . , ~..- _. . BY cp . ., . 95$. oe*c.*o This is to certify that the interest in real property conveyed.ljy *h%%lii?gec , - *dllrl = rant was accepted pursuant to City Council Resolution No. 1 004 adopted on /\AR. \T , 19 bq and the Grantee thereby consents to recordation thereof. HARRY PRICE, City Clerk BY DeP 6 i C$Zi'%i! f.!fl - t " b . _,"_._^"._ .9 "-L"->'w.-,"ii - -3- .. . r. a. 0 i _,-_ ., . *' b;Jf STATE OF CALIFORNIA ) sso County of San Dfego 1 n ON THIS 9 -. day o J before me9 the undersigned, for the? Ex&% County and State9 rasidhg there5.n duly csdsafsned and morn, personally alpp@m QW~ Lo me to be the )hi *es to be the the Corporation that &xecu%ed the wi%W Instmen%, known to me to be the persons who executed the w%thin Inatrmen%, on behalf of the Coqoratfon thereh naned, and achmledgced to me that such Coxqmrationa exe@u%ed the Kftbilm Instrument purw.mnt to its By-Laws or a Resolution of its Bod of Directors, IN WITNESS WHEFBOF, I have? hereunto set my hand and affixed ny official seal the day and yea^ in this cert5fieate first above written, .. e '1 My Commission Expires July 4, 1967 :""""""""" ......................... ..,., *,., lll.,,.....l.,,,,..,....l..,,,,,,,,, OFFICIAL SEAL JOHN Wm. GRAY ; NOTARY PUBLIC - CALIFORNIA i PRINCIPAL OFFICE IN i SAN DIEGO COUNTY i IY.I-IUUIIIYLUlyllllllllll,11111,11111,.11111'11,,1,,111'11 .,.,,,, I ,,,,,,I,,,, - :szG /&e. ...L c A..xL. FILEIPAGE NO.....". RECORDED AT ,EQUf e "ii fJ- 4 i (7 A ,LpK 7 1: r.r~~.MINUTES PAST SERIES 5 Book c,3 w CERTIFICATE OF ACCEPTANCE OFFICIAL RECOR This is to cert.fY that the interest in real property A. S. GRAY, COUNTY fi conveyed by "", SAN DiEGO COUNTY, C; datedv -?%*.A+ 2, /96 p.t , t..7 fTnm -.;- c'2-..q~..-~,T?.q. % c!-.l,.i.l-,i..cal corp- &rn eb/ * fo L%n? <., ). - ~ I ? !. -. -.!. E .j ora+7 n,?-l T,,?.Y ! - :: .y?',v . .- c: ' :,l- a";<,? ;;ncil of .'' 7 ' ... .. .. -..;. 7 <'? . .? r ... -. $? ?;; s - I? ' by 0.":3 ~3" 03'' 2 e.. l2 ' *; , q the 7'7 &(.:..a;f Of to recordxtion thereof by it ' 3 /76f: DATED : p y p,tFL&""-d , g3& e, ;Jc ,p ..x ?) j&-& L;,q, .' ( 4L-t- . L., .q &~,&&.&~ I (%L[4A