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Home My WebLink About; SAN DIEGO GAS & ELECTRIC CO.; 77-209888; Easement4- : -1.- . 3. .* *I65 I ." """ , fltE/?dGE Htr: -.A"-.- ,~. BOCK 1977 RECORDECREDUEST'SF P ~~5 16 vi3 mi ~ 'WHEN P3CORT)ED MAIL TO: 1 SAFECO TITLE INSURANCE COMPANY 1 City of Carlsbad 1200 Elm Avenue I M&131 9 53 faH'l'i; { Carlsbad, California 92008 /! I ~. FFFjC1!J. RECOR5S DOCUMENTARY TRANSFER TAX a~~-~..........................,.. ._.__. sc;;: 2;EGa cg&G'i, Ghiii. 3AK.E'; F. 3iOGM $&COMPUTED ON SALE PRICE OF PROPERTY CONVEYE OR RECQREE'i /vQ F€6 . ". vm . .".. .................................................... .. -SPACE ABOVE FOL,-"z. y "- I a COMPUTED ON FULL VALUK ?.c'5;& i.!F>Y:, & EY UM- ~ BRANCES REMAlNiNG THEREuh A; TII~E GF SALE. Signature of declarant or agent determining tax - Firm NmNp ~;"~~SE,mNT A portion of Assessc Parcel No. 167-090-2 $-J Unincorporated Area @'City of &&?T.@be -._......_._.-..-.. SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called'Grantor': for valuable consideration, grants to the CITY OF CARLSBAD, a municipal corporation in the County of San Diego, State of California, hereinafter called "Grantee", an easement and right of way for road purposes and incidentals thereto, through, over and across Grantor's land situated in the City of Carlsbad, County of San Diego, State of California, described as follows: % That portion of Lot "J" of Rancho Agua Hadionda, c in the City of Carlsbad, County of San Diego, State of office of the County Recorder of said County, November 16, 1896, described as follows: California, according to Map thereof No. 823, filed in the Beginning at the Southeast corner of Lot 13 of El Camino Mesa-Unit No. 5, according to Map thereof No. 6693, filed in said County Recorder's office, thence along the Easterly prolongation of the Southerly line of said Lot 13, being also the Northerly line of Chestnut Avenue, 60.00 feet in width as shown on said Map. No. 6693, South 89O 44' 05" Ea 151.46 feet to the Easterly line of the land conveyed to San Diego Gas & Electric Company in Parcel 1 of Deed recorded February 14, 1967 at Recorder's File/Page No. 19235 of Official Records of said County: thence along the Easterly line of said land South 06O 29' 30" East (record South 07O 00'00" East), 60.42 feet to an intersection of said line with the Easterly prolongation of the Southerly line of said Chestnut Avenue; thence along said prolongation North 89O 44' said El Camino Mesa-Unit No. 5; thence North 06O 29' 30" West 60.42 feet to the POINT OF BEGINNING. 05" West, 151.46 feet to the Northeast corner of Lot 14 of G B L ,; , , ' *.::'W;<.~ $ ,,; .*;,f:,:.-.2$** ?? *w.: &2,L :A, :," 44% 0 .. :. ' ,,.t,'& i .. ,;:, :.- , ; ~. ; : ,;. ! ..?:cy ..... ....... -.. ..... ....... .. - ....... .-s ... ., :.,2 :,.: '. " . I. ;:. . ' _. ........ ,i' ... ,' '; ' .: ,, ; ),. :,:,.:: : :; ;' .* * ,_I . ,, . - .I .. ........ ... .. 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I.. . ** * 166 e I #b AND FURTHER Grantor ijzankszto.:GrAnt& a..::.: -.. :. slope and drainage easement over and across Grankor+s-.:r -." land situated in the County of San Diego, State'",o.f' Cali- fornia as follows: PARCEL I That portion of Lot "J" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at the Southeast corner of Lot 13 of El Camino Mesa - Unit No. 5, according to Map thereof No. 6693; thence along the Easterly line of said Lot 13, North 6O 29'30'' West 25.00 feet; thence South 89O 44'05" East 151.47 feet to the Easterly line of land described in deed to San Diego Gas & Electric Company, recorded January 15, 1968 as File No. 7140; thence along said easterly line, South 6O 29'30" East 25.00 feet; thence North 89O 44'05" West 151.47 feet to the true point of beginning, PARCEL I1 That portion of Lot "J" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at the Northeast corner of Lot 14 of El Carnino Mesa - Unit No. 5 according to Map thereof No. 6693, thence along the Easterly line of said Lot 14, South 6O 29'30" East 15.00 feet; thence South 890 44 '05" East 93.00 feet: thence South 6O 29'30'' East 30.00 feet; thence South 89O 44'05" East 40.00 feet6 thence North 6O 29'30" West 30.00 feet; thence South 89 44'05" East 18.39 feet Gas & Electric Company, recorded January 15, 1968 as File No. 7140; thence along said Easterly line, North 6O 29'30" East 15.00 feet; thence North 89O 44'05" West 151.47 feet to the true point of beginning. to the easterly line of land described in deed to San Diego Grantee, its successors, assigns, agents r3r contractors, shall be responsible for any damage to Grantor's -2- '.4 1 ~ 0 b* - ' * lb7 .. 4 existing facilities occasioned by'or arising from the con- 7 StructiOn, operation or maintenance of Grantee's facilities within said Grantor's property. Grantee covenants for itself, its successors, assigns, agents or contractors, that all work in connection with the installation of Grantee's facilities and appurte- nances shall be done in workmanlike manner and in accordance with standard engineering practices. Grantor reserves unto itself, its successors and ~ assigns, the right to use the subsurface, surface and air- space thereover, of the hereinbefore described easement and right of way, for the insta%lation of such facilities as it shall now or in the future deem necessary, provided, how- ever, that such reserved use rights shall not be exercised by Grantor, its successors or assigns, in such a manner as to be imcompatible with Grantee's installation. Grantee shall at all times indemnify and save harmless Grantor against and pay in full any and all loss, damage or expense that Grantor may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, stat@ of repair or presence of Grantee's facilities installed hereunder and all necessary and proper fixtures and equipment for use in connection therewith, in- cluding any such loss, damage or expense arising out of the (a) loss of or damage to property, and (b) injury to or death of persons, including the defense of any action -3- .# ,. .,-. t 9 e l6a a * arising therefrom, excepting any loss, damage or expense and claims for loss, damage or expense resulting in any manner from the negligent act or acts of Grantor, its contractors, officers, agents or employees. Grantee covenants for itself, its successors and assigns that should Grantee discontinue use of this easement for the purposes set forth herein, then all rights granted in this easement shall terminate and Grantee, upon receipt of written request, shall execute and deliver to Grantor a good and sufficient quitclaim deed to all rights herein granted. Grantor, its successors and assigns shall not be required to bear any portion of the cost of construction, maintenance, alteration, repairs, replacement, relocation or removal of Grantee's facilities installed within the easement herein granted, -4- 3. - b I. , xt; T i <, I e 169 c 4 The terms, covenants and conditions of this easemen- and right of way shall be binding upon and inure to.the benef: of Grantor, its successors and assigns, and Grantee, or in any other or altered form it may assume. Y IN WITNESS WHEREOF, we have hereunto set our hand 1 this 12th day of May 19 77 ATTEST : SAN DIEGO GAS & ELECTRIC COMPANY, a corporation ,. ....' ..: , .. ,: .,., " I.' ;. ll;. *..*' . o,,: ., : . -;* i p**. . : i . ' ', . ., . .. . . , jt 1. 5;' : .. . ,, . .. By : " .. .. , . ._ I -i. i. .,I j > -r- . L . r ,,. I. .., .\ .* . I , . 1P . Secretary .I ~ li 5b ,,?%<:l \.)I,-; .J.; : 2 .. *. ,,~ \,'!~ ~ :. I ?$ , .' , nior Vice President ir . .,A . . .! L-. . .t -,_. .: '. .,7 *.. &,I? 'b . .:L': , . 7 ; .,A,' ,..:,: . .".,.,, . , * L1 . I " ; ,.: A,%>...;\,:>;.+. ..' .j/ :: i :.:??,":::..:~ / , s , . . . . . , * "i, :'" , " .*:,,, :-,':;,.$>! . . ,j , .-, . rn .. c t 1 m s -5- a ,I._. - -eT - -- Lq - I" r'' ;s ." -v' P I. .I 1 $ t 4 c. -4 J / yz 2. 6 e (JUA +3d+633 CERTIFICATE @F ACCEPTAXCE zro This is to certify that the interest in real property conveyed by the deed or grant dated May 12, 1977 from to trhe City of Carlsbad, California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Carlsbad, Calif~~!li'i,:,;riPursuant to authority conferre~",i?~"~.;;4~~~olu..,~ion #1537 of the City on July 2, 1968, a consents to the re Its duly authorlze I San Di ego Gas e( Electric C0mpan.y . - I' -Z%i!& NORA K. GARDINkd: Dep&y'g&fy Clerk DATED: May 26, 1977 , , , Ti .;*& i .. . "~- ~ ~". ~ ..~ .. "."- ~ SAN DIEGO GAS & ELECTRIC COMPANY FORM STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. ON THIS 12th day of Mav > 193, before me, the undersigned., a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared J. R. Belt , known to me to be the Senior Vice President and W. J. Kames 3 known to me to b the - Secretary of SAN' DIEGO GAS & ELECTRIC COMPANY, the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrment, on behalf of the corporation therein named, and acknowledged bo me that such corporation executed the within Instrumnt pursuant to its By-Laws or a Resolution of its Board of Directors. WITNESS my hand and official seal. " FICIAL SEAL BLANAS San Diego Co. Calif. Exp. Nov. 16, 1980 LIC - CALIFORNIA ! & ChU Notary Public in and for said County and Stat, "A"%&