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Home My WebLink About; SAN DIEGO GAS & ELECTRIC CO.; 88-346329; EasementL, -A t. tJVL i. I * Recording Requestemy e i3g "{+J ;A- %: " . . "" City Clerk ' City of Carlsbad When Recorded ... . .. - ., - .. . .. . .. . . .. . . ... . ,I =. . .. .. ." .- , . ." .:"* 1: 3: ; q ;:! . . ~.. _. =. - : i: i .. .. . Mail to: City Clerk ATTN : 1200 Elm Ave. ; -+>.;,.:, - . ~ L,: -::, E.. -~. . .> - - City of Carlsbad Carlsbad, CA 92008 .. . -. . -. ICE ABOVE FOR RECORDER'S USE - " Transfer Tax None SAN DIEGO GAS & ELECTRIC CI 2 GRANT OF EASEMENTS SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter calle "Grantor", for valuable consideration, grants to the CITY OF CARLSBAD, a mun corporation, hereinafter called ttGrantee", easements and rights of way for s drainage and public street purposes and incidentals thereto, through, over, and across Grantor's land, situated in the City of Carlsbad, County of San C State of California, described as follows: Those strips of land lying within Lot "H" of Rancho Agua Hedionda, ing to Map thereof No. 823, filed in the Office of the County Recorder County of San Diego, described in Parcels 1 and 2 as follows: Parcel 1: (Easement for Public Street Purposes) Commencing at the Northeast corner of Lot 4 of Carlsbad Tract No. according to Map thereof No. 7492, filed in said County Recorder's Offi thence along the Northwesterly prolongation of the Northeasterly line t North 22' 29' 22" West, 52.77 feet to a point of intersection with the line of Cannon Road, as shown and delineated on said Map No. 7492; saic being the TRUE POINT OF BEGINNING; thence continuing along said Northwc prolongation, North 22" 29' 22" West, 52.59 feet to a point herein desj Point "A"; said Point "A" being a point on the arc of a non-tangent 10; foot radius curve concave Southerly; a radial line to said point bears 08" 42' 33" West; thence Easterly along the arc of said curve through angle of 20" 13' 49", a distance of 371.09 feet; thence tangent to sail South 78"'28' 43" East, 767.00 feet to a point herein designated Point thence South 11" 31' 17" West, 51.00 feet to a point herein designated "C"; thence North 78" 28' 43" West, 767.00 feet to the beginning of a 1000.00 foot radius curve concave Southerly; thence Westerly along the said curve, through a central angle of 19" 30' 46", a distance of 340. to the TRUE POINT OF BEGINNING. Parcel 2: (Easement for Slope and Drainage Purposes) Beginning at said Point "A" described in Parcel 1 above; thence N 04' 06" East, 64.90 feet; thence North 80' '01' 02" East, 69.37 feet; t North 85" 37' 21" East, 155.83 feet; thence South 89" 34' 59'' East, 58 thence South 83" 20' 36" East, 171.07 feet; thence South 11" 31' 23" W /== -1- Q 0. <. 1% e . ... 369 feet; thence South 72" 22' 22" East, 239.74 feet; thence South 69" 53' East, 177.49 feet; thence South 82" 40' 11" East, 232.62 feet; thence S 17' 34" East, 21.26 feet; thence South 17" 51' 41" West, 57.35 feet; thi North 78" 28' 43" West, 25.67 feet to said Point "C" described in Parce above; thence along the boundary of said Parcel 1, North 11" 31' 17" Ea along said boundary North 78" 28' 43" West, 767.00 feet to the beginnin, tangent 1051.00 foot radius curve concave Southerly; thence Westerly al, arc of said curve, through a central angle of 20' 13' 50", a distance o feet to said Point "A". 51.00 feet to said Point "B" described in Parcel 1 above; thence continl Grantee, its successors, assigns, agents or contractors, shall rei Grantor for any damage to Grantor's facilities occasioned by QT arising from construction, operation or maintenance of Grantee's facilities within the ab described parcels. Grantee covenants for itself, its successors, assigns, agents or contractors, that all work in connection with the installation of Grantee's facilities and appurtenances on the above described parcels shall be done in workmanlike manner and in accordance with standard engineering practices. Grantor reserves unto itself, its successors and assigns, the righ the subsurface, surface and airspace thereover, of the hereinbefore describe easements and rights of way, for the installation of such facilities as it s or in the future deem necessary. Such rights shall not be exercised by Gran successors or assigns, in such a manner as to be unreasonably incompatible w Grantee's facilities and improvements. Grantee shall at all times indemnify, defend and save harmless Gra against and pay in full any and all, claims, loss, damage or expense that Gr may sustain, incur or become potentially liable for, resulting in any manner the construction, maintenance, use, state of repair or presence of Grantee's facilities and improvements installed hereunder and all necessary and proper fixtures and equipment for use in connection therewith, including any such 1 damage or expense arising out of (a) loss or damage to property, and (b) inj or death of persons. Grantee covenants for itself, its successors and assigns that shot Grantee discontinue use of either Parcel 1 or Parcel 2 for the uses identifj their respective legal descriptions, then all rights granted in this easemer the affected Parcel shall terminate and Grantee, upon receipt of written rec shall execute and deliver to Grantor a good and sufficient Quitclaim Deed tc rights herein granted for the affected Parcel. Grantor, its successors and assigns, shall not be required to bea~ relocation or removal of Grantee's facilities installed within the easement granted. As between Grantee and Grantor, Grantee shall be wholly responsibl the construction, use, maintenance, and repair of the public street and the slope that is provided for in this easement. portion of the cost of construction, maintenance, alteration, repair, replac -2- I, - I. .. 0 0 , 363 The terms, covenants and conditions of this easement and right of shall be binding upon and inure to the benefit of Grantor and Grantee, their successors and assigns. IN WITNESS WHEREOF, the said San Diego Gas & Electric Company has this Instrument to be executed in its corporate name by its officer thereunt authorized this day of :-![,..?') ? ~. , 19 Fy . SAN DIEGO GAS 61 ELECTRIC COMl'AI Land Department * The foregoing easement, and all and conditions stated herein, a accepted by Grantee. CITY OF CARLSBAD, a municipal corporation BY b/ Title & md f - Date 7 //J3/&f *Approved by City Council Resol NO. 88-233 on July 12, i988 Drawn McGuir e Checked DtJ Sketch Date 4/1/88 MOPAC S.B.E. NO. 141-37-73FY PC1 7 A.P. NO. 211-010-23 -3- 4 ; ' .. 0 , 364 STATE OF CALIFORNIA ss COUNTY OF SAN DIEGO - ,. I, . On :\-, l-, :,/; ,:?/ i i,; , (4 ,-- 7 , before me, the undersigned, a Notary Public in and for said State, personally appeared Steven D. Davis, 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 Department, on behalf of San Diego Gas ti Electric Company, the corporati 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. .. WITNESS my hand and official seal. r: - ! ,. .e, I Signature ' f .A .- /" R 1. _I 1- ', I !;!.,. , "' ;::. .zz . . i:, .. .. ' . .- . .. .... . * NO SCALE .:Pa. ..5:" ' ' d<&.s**:..: . ' .* ,:. , . ,. _.:.. . . _- Tzx4L ARE4 QFD@/W7 9755 Clrinmont Meu Bwltvrrd. ! .t .' A .'> -7 .c c-l .-: .I . .. VOCINITY MAP .'. NO :SCALE I 1 A/? d 2//-&8 - // 773TL AR! 0.758 AC. 33034 5.E SUE 4 DRA/x/AC€ 9755 Ckiremortt Mcu Booid < ,? ,A ,'? -2 ,',I r"; ST, JAM3 R- HETTINGFR 4 ,A * . . _, 0 8. ". 36'7 e . CERTIFICATIOM FOR ACCEPTI\.NCE OF EASEI?ENT This is to certify that the interest in real proper conveyed by the easement dated June 16, 1988 from to the City oE Carlsbad, California, a municipal corporati is hereby accepted by the City Council of the City of Carl California pursuant to resolution No. 88-233 , ad-opted on July 12, 1988 , and the grantee consents to the recordation thereof by its duly authorized officer. . Sari Diego Gas & Electric Company ........................... - DATED: July 13, 1988 By : x'