HomeMy WebLinkAbout; SAN DIEGO GAS & ELECTRIC CO.; 86-072936; Easement.-
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- . .. ,-.- * Recording Requestec .,
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L 2158 . . .- City Clerk, City of Carlsbad 2,.
When Recorded
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Hail to: City Clerk
1200 Elm Avenue
Carlsbad, CA 92008
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SPACE ABOVE FOR RECORDER'S USE
Transfer Tax None
SAN DIEGO GAS & ELECTRIC C(
GRANT OF EASEMENT
SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Gr;
for valuable consideration, grants to the CITY OF CARLSBAD, a municipal corporatic
hereinafter called "Grantee", an easement and right of way for storm drainage pur]
an.d incidentals thereto, through, over, under and across Grantor's land, together
the right of ingress and egress, to and along said easement, situated in the City
Carlsbad, County of San Diego, State of California, described as follows:
Those certain strips of land 15.00 feet in width lying within Lot I
of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the
Office of the County Recorder of said County of San Diego, the center lines
of which are described in Parcels 1 through 7 as follows:
Parcel 1:
Commencing at a point on the center line of Carlsbad Boulevard,
formerly U.S. Highway 101, relinquished by the State of California per
relinquishment agreement recorded in Book 5103, Page 172 of Official Records
of said County of San Diego; said point shown and delineated as State Highwa:
Station 394 + 63.74 on Record of Survey Map No. 1806, filed in said County
Recorder's Office; thence along said center line on the arc of a 5,000.00
foot radius curve concave Southwesterly, a radial line of said curve at said
point bears North 53' 00' 46" East (record North 53O 07' 10'' East); through ,
central angle of 01' 47' 25", a distance of 156.33 feet; thence along the
Northeasterly prolongation of a radial line of said curve North 54' 48' 11"
East, 50.00 feet to a point on the Northeasterly right of way line of said
Carlsbad Boulevard and being the TRUE POINT OF BEGINNING of the center line
herein described; thence continuing North 54' 48' 11" East, 38.00 feet.
Parcel 2:
Commencing at said State Highway Station 394 + 63.74 described in
Parcel 1 above; thence along said center line of Carlsbad Boulevard and alon
the arc of said 5,000.00 foot radigs curve concave Southwesterly, through a
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central angle of 06" 22' 17", a distance of 556.23 feet; thence along the
Eortheasterly prolongation of a radial line of said curve, North 59O 23' 12''
East, 50.00 feet to a point on the Northeasterly right of way line of said
Carlsbad Boulevard and being the TRUE POINT OF BEGINNING of the center line
herein described; thence continuing North 59O 23' 12" East, 77.00 feet.
Parcel 3:
Commencing at said State Highway Station 394 + 63.74 described in
Parcel 1 above; thence along said center line of Carlsbad Boulevard, and
along the arc of said 5,000.00 foot radius curve concave Southwesterly,
through a central angle of 10" 58' 50", a distance of 958.23 feet; thence
along the Northeasterly prolongation of a radial to said curve North 63O 59'
36" East, 50.00 feet to a point on the Northeasterly right of way line of
said Carlsbad Boulevard and being the TRUE POINT OF BEGINNING of the center
line herein described; thence continuing North 63O 59' 36" East, 100.00 feet
Parcel 4:
Commencing at a point on the center line of Carlsbad Boulevard,
formerly U.S. Highway 101, relinquished by t.he State of California per
of said County of San Diego; said point shown and delineated as State Highwa
Station 384 + 01.27 on said Record of Survey Map No. 1806; thence along said
center line of Carlsbad Boulevard, South 24O 48' 44" East (record South 24O
42' 20" East), 345.76 feet; thence North 65O 11' 16" East, 50.00 feet to a
point on the Northeasterly right of way line of said Carlsbad Boulevard and
being the TRUE POINT OF BEGINNING of the center line herein described; thenc
continuing North 65O 11' 16" East, 48.00 feet.
Parcel 5:
relinquishment agreement recorded in Book 5103, Page 172 of Official Records
Commencing at said State Highway Station 384 + 01.27 described in
Parcel 4 above; thence along said center li.>e of Carlsbad Boulevard, South
24O 48' 44" East (record South 24O 42' 20" East), 805.76 feet; thence North
65O 11' 16" East, 50.00 feet to a point on the Northeasterly right of way
line of said Carlsbad Boulevard and being the TRUE POINT OF BEGINNING of the
center line herein described; thence continuing North 65O 11' 16" East, 58.0
feet.
Parcel 6:
Commecning at said State Highway Station 384 + 01.27 described in
Parcel 4 above; thence along said center line of Carlsbad Boulevard, South
24" 48' 44" East, 1344.76 feet; thence South 45O 11' 16" West, 50.00 feet to
a point on the Southwesterly right of way line of said Carlsbad Boulevard an
being the TRUE POINT OF BEGINNING of the center line herein described; thenc
North 54O 48' 44" West, 62.00 feet.
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Parcel 7: -.-.--.-.-
Commencing at the center line intersection of Carlsbad Boulevard,
formerly U.S. Highway 101 and Sequoia Avenue, as shown on the Map of Carlsbe
Tract 81-44, according to Map thereof No. 10872, filed in said County
Recorder's Office; thence along the center line of said Carlsbad Boulevard,
South 36O 50' 54" East, 418.07 feet; thence South 53O 57' 44" West, 50.10
feet to a point on the Southwesterly right of way line of said Carlsbad
Boulevard and being the TRUE POINT OF BEGINNING of the center line herein
described; thence continuing South 53" 57' 44" West, 150 feet, more or less
to the mean high tide line of the Pacific Ocean.
The sidelines of those strips of land 15.00 feet in width describe
above shall be lengthened and/or shortened so as to be continuous and ter-
minate in the Northeasterly right of way line of Carlsbad Boulevard for said Parcels 1 through 5, in the Southwesterly right of way line of Carlsbad
3ou:evard €or said Parcels 6 and 7 and the mean high tide line of the Pacifi
Ocean for said Parcel 7.
Grantee, its successors, assigns, agents or contractors, shall be respo
for any damage to Grantor's existing facilities occasioned by or arising from the
struction, operation or maintenance of Grantee's facilities within said Grantor's
property,
Grantee covenants for itself, its successors, assigns, agents or contra
that all work in connection with the installation of Grantee's facilities and
appurtenances shall be done in a workmanlike manner and in accordance with standa
engineering practices.
Grantor reserves unto itself, its successors and assigns, the right to
subsurface, surface and airspace thereover, of the hereinbefore described easemen
right of way, €or the installation of such facilities as it shall now or in the f
deem necessary. Such rights shall not be exercised by Crantor, its successors or
assigns, in such a manner as to be unreasonably incompatible with Grantee's
installation.
Grantee shall at all times indemnify and save harmless Grantor against
in full any and all loss, damage or expense that Grantor may sustain, incur or be
liable for, resulting in any manner from the construction, maintenance, use, stat
repair or presence of Grantee's facilities installed hereunder and all necessary
proper fixtures and equipment for use in connection therewith, including any such
damage or expense arising out of the (a) loss or damage to property, and (b) inju
or death of persons, including the defense of any action arising therefrom.
Grantee covenants for itself, its successors and assigns that should Gr
discontinue use of this easement for the purposes set forth herein, then all righ
granted in this easement shall terminate and Grantee, upon receipt of written reql
shall execute and deliver to Grantor a good and sufficient Quitclaim Deed to all :
herein granted.
Grantor, its successors and assigns, shall not be required to bear any
of the cost of construction, maintenance, alteration, repair, replacement, reloca
removal of Grantee's facilities installed within the easement herein granted.
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The terms, covenants and conditions of this easement and right of way 5
binding upon and inure to the benefit of Grantor, its successors and assigns, anc
Grantee, or in any other or altered form it may assume.
IN WITNESS WHEREOF, the said San Diego Gas & Electric Company has causz
InStrLlIllent to be executed in its corporate name b its officer thereunto duly aut
this 8En day of &[~fip / , 19 &. /
SAN DIEGO GAS & ELECTRIC COMPANY,
a corporation
BY a-
E. M. Gabrielson, Manager
Land & Environmental Department
Drawn McGuiTe
Checked --- .
Date 12-23-85
S.B.E. No.: 141-37-73F
A.P. No. 210-010-24 & 33
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STATE OF CAJXFORNIA
COUNTY OF SAN DIEGO ss, Oncw 3, 1 9 8 h , before me, the undersigned a Notary Public in and for sald Staite,'personarly appeared E. Iy. Gabrielson, personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Manager, Land & Environmental
Department, on behalf of San Diego Gas Q Electric Company, the corporation
therein named and acknowledged to me that
such corporation executed the within
instrument pursuant to its by-laws or a resolution or its board of directors.
WITNESS my hand and official seal.
ROTARY PUBLIC- CALIFORNU
PRlnClPAL OF" IN
.%N 01ffio COUNTY
Signature
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I EASEMENT PLAT
FOR CARLSBAD BLVD.
STORM DRAIN OUTLET .
EXHIBIT "B"
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CERTIFICATION FOR ACCEPTANCE OF EASEI.lENT
This is to certify that the interest in real property
conveyed by the easemen€ dated January 3, 1986
from San Diego Gas & Electric Company ...................... -I
to the City of CarIsSad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbz
California pursuant to resolution PTo. 8409 , adopted
On -
recordation thereof by its duly authorized officer.
February 18, 1986 , and the grantee consents to the
DATED: February 19, 1986
By :
ALETEA. L. RnUTENXPANZ; City $1.~
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