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HomeMy WebLinkAbout; SAN DIEGO GAS & ELECTRIC CO.; 66049; Easement.x I & AFTER RE&G RETURN TO: w ,,,->,pm<- 7 z- . $:>:Q.;.5&$ -. ' City of Carlsbad 2960 Pi0 Pic0 Dri ve Carlsbad, California .f%Epm NO,"" "-.""""" .. I* . ppR 1 4 ?965 !J.~..........MlN,UTES PA ST-......... -.-- I)fF:C1WL RESRDS F 4 SERZS 5 300M 3955 A. s. GPS;!, :2!9F: .?Z?C3EP: GMLT OF EASEKENT shx '%EGO coif, CALlFORNlA SAil DIEGO GAS & ELECTRIC COX?AbY, a corporation, as Grantor, for and in consideration of the sum of Ten Dollars, and other valuable copsideration, does hereby grant to the City of Carlsbad, a municipal corporation, hereinafter call Grantee, its successors and assigns, an easement in, upon, under and across the hereinafter described lands, to erect, construct, reconstruct, replace, repair, maintain and operate a sewer pumping station, with all necessary equipment and. appurtenances thereto, together with the right of ingress thereto and. egress therefrom, by a practical route, over and across that portion of the Grantor's land situate in the City of Carlsbad, County of San Diego, State of California, more particularly de scribed as follows : % That portion of Lot I*H" of Rancho &ua Hedionda, c? dt according to Partition Eap. 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 43 493 of Official Eecords of said County of San Diego, excepting therefrom that certain portion thereof d.escribed 'e$ e' : in a Deed recorded in Book 4722 at page 359 of said Official Records, said easement being more particularly described as follows : Commencing at the most Easterly corner of said San Diego Gas & Electric Company's land described in said Deed recorded in Book 297b at page 493 of Official Records, said most Easterly corner being a point in the Southwesterly line of the right of way of The Atchison, Topeka and Santa Fe Railway Company, as said right of w2y was established on September 22, 1948; thence south 66" 541 1011 West, along the Southeasterly line of said San Diego Gas & Electric Company1 s land, a distance of 310.67 feet to a point in the arc of a non-tangent curve, concave Southeasterly and having a radius of 2370.00 feet, a radial line of said curve passing through said point bears North 19" 01' 10" West, said point bears North 66" sb* 10" East, a distance of b17.84 feet f ram the most Westerly corner of Terrmar Unit No . 3, accora.ing to Map thereof No. 2867, filed in the office of the Recorder of said County of San Diego, said point is also the most Northerly corner of that certain pzrcel of land described in that grant of easement from San Diego Gss & Electric Company, a corporation, to the City of Czrlsbad recorded June 22, 1964, at Recorder1 s File/Page No. lll7S6 of Official Rec0rd.s of said County of San Diego; thence leaving said Southeasterly line of said San Diego Gas & Electric Campay's land, Southwesterly along the Northwesterly line of said parcel described in said grant of easement recorded at File/Page No. 111718, being also along the arc of said curve with a radius of 2370.00 feet, '.; .- p i-7 65 c,. %<% 'L. <. . ., .. . DA4 8 . # .' Y m - '. -- .* ti i through an angle of 2" 111 3O1I, a distance of 90.65 feet to a point, which said pojnt. is the TRUE POIIIT OF BEGINNING of the grant of easement herein described; thence from said TRUE POINf OF BEG-TNNING, leaving said curve, North 23" OS? 50" Nest, a distance of 14.60 feet; thence South 66" 54' lot3 West, a distance of 20.00 feet; thence South 23" 051 SOY East, a distance of l4.02 feet to a point of intersection with the arc of the above described curve with a radius of 2370.00 feet; thence Northeasterly along the arc of said curve through an angle of 0" 29' Ol", a d.istance of 20 feet, more or less, to the TRUE PCIhT OF BEGINNING. Grantee covenants for itself, its successors, assigns and agents that all work in connection with the installation and/or maintenance of the sewer pumpin station and its appurtenances shall be d.one in a workmanlike manner and in accordance with standard engineering practices, and Grantee, its successors, assigns or agents shall be responsible for any d.amage to Grantor's existing or future facilities, including landscaping, occasioned by or arising from the construction and./or mair;tenance of said sewer pumping s%ation within said Grant property. Grantor reserves unto itself, its successors and assigns, the right to USE the subsurface, surface ana airspace thereover, of the hereinbefore described sewer pumping station easement for the installation of such facilities as it st 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 suc manner as to be incompatible with the rights herein granted. Grantee agrees that if for any reason said easement is abandoned by said Grantee for a continuous period of one (1) year, then all rights herein grante shall revert to the Grultor, its successors or assigns, automatically and with the necessity of re-entry or notice, San Diego Gas & Electric Company hereby covenants and declares in accorda with the Public Utilities Act of the Staie of California, that the property hereinabove d.escribed is not necessary or useful in the performance of its dut to the public, and it is not needed. for or useful in the conduct of its busine , "_""" "rr- -2- e' \' ' v QB w I? - ,d r. , .-, I .I et IN WITNZSS VHZREOF, the Grantor executed these presents this -&%$ " '.. of .Al7*"-& .$ 19&.$ J 9- SllN DBGO GAS &, E-GCTBIC CO$Pl a corp.9- tion By ; )'* ? I& . <:\.y&," !i Vice Pre sic Engineerin This is to certify that the interest in real property conveyed by grat o easement dated" WL&. a.', !?L' 0'- from San Diego Gas & Electric Company, to the City of Carlsbad, a political corporation.and/or governmental agency, i hereby accepted by order of the City Council of t'ne City of Carlsbad on the i, k day of @&, , /TLc , and the Gratee consents to recordatiqnlthqre by its duly authjdrized' officer . . . ,.I . , ** r' i" .. . , , .. ' , 1' ., DATm z i ,,&q$L.' ,*'? /i YL .57 11: k' ._ - ~ I '%, . , ,-> :. "1- . , . . I. - I "c. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) "* OM THIS &* day of w , 19 63- before me, the undersigned, Notary Public in and for said County and State, residing therein, duly cods: -9 and sworn, personally appeared &%a 'ztc.czw , known to me to Vice President and , known to me to Secretary of SAX DZGO GAS% &C%COM?ANY, the corporation th; g<%c%he within Instrument, known to me to be the persons who executed th( within Instrument, on behalf of the corporation therein named, and acknowledgt me that such corporation executed the within Instrument pursuant to its By-La a Resolution of its Board of Directors. ljI+i!IESS my hand and official seal. . f N ,-,. ~ ,..,,,,,,,,.,.,...,,.,,,,,.,,, * ..*...... 11.11.11....1..1..11.........'.".~ t OFFICIAL SEAL MARY A. \V!LK\NS i NOTARY PUBLIC -C.rilFORNIA i; PRiNCiPAL QFilCE IN i SAN DfEGO COUNTY i 5 ,,,,., L .,.,.,.,,,,,,.,~.,,,,,,,.,,, ,,,,.,,,,..,....,..,,.,.......,~..,.....lr. Tr&P&* 6. J!"L4L-J Hotary Public inj/ and for said County and St MARY A. WiiKINS My Commission Expires Oct. 19, 1W7 -3-