The URL can be used to link to this page

Home My WebLink About; SAN DIEGO GAS & ELECTRIC; 1991-0519749; Easement*. < 0 Recording Requested by ' City Clerk City of Carlsbad When Recorded 1950 I City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Q8-~@~-p'EP~ 08:5P &fl OFFIEIAL RECOEDS 5fiM XFGD COUNT'i' RECDRDEF?S OFFICE -. . . . - - - - - - - . &##TTf Et,l#]f f [o&# WECJF:DEB FPFf * u-2' $. [$I I SPACE ABOVE FOR RECORDER'S USE Transfer Tax SAN DIEGO GAS 8. ELECTRIC COMPANY ni/R GRANT OF EASEMENT SAN DIEGO GAS 81 ELECTRIC COMPANY, a corporation, hereinafter called "Grantor", for valuable consideration, grants to the CITY OF CARLSBAD, a municipal corporation, hereinafter called "Grantee", an easement and right of way for SHORE PROTECTION purposes and incidentals thereto, through, over, under and across Grantor's land, together with the right of ingress and egress, to and along said easement, situated in the City of Carlsbad, County of San Diego, State of California, described as follows: Those portions of Lot 'H' of Rancho Agua Hedionda, according to map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, November 16, 1896, described in Parcels A, C, and D as follows: Parcel A: $) Commencing at Corner No. 1 of said Rancho Agua Hedionda, as shown on Record of Survey Map No. 1806, filed April 30, 1948 in the Office of said County Recorder; thence along the Northerly line of said Lot 'H', South 78'00'15" East, 92.06 feet to a point on the centerline of Carlsbad Boulevard, 100 feet in width, (formerly U.S. Highway 101); thence along said centerline as shown on said Record of Survey Map No. 1806, South 36'50'05" East, 208.28 feet; thenca leaving said centerline Sou:h 53'09'55'' West, 50.00 feet to the Southwesterly line of said Carlsbad Boulevard and the TRUE POINT OF BEGINNING; thence South 53'09'55" West, 57.00 feet; thence South 36'50'05'' East, 77.02 feet to the Northwesterly line of Parcel 1 d the lands granted to the State of California per Deed recorded January 5, 139G at Recorder's File/Fage No. 50409473 of Official Records of said County of San Diego; thence along said Northwesterly line; North 53'09'55'' East, 57.00 feet to a point lying on the above mentioned Southwesterly line of Carlsbad Boulevard; thence along said Southwesterly line, North 36'50'05".West,: 77.02 feet to the TRUE POINT OF BEGINNING. Y Parcel C: .' Commencing at Corner No. 1 of said Rancho Agua Hedionda, as shown on Record of Survey Map No. 1806, filed April 30, 1948 in the Office of said County Recorder; thence along the Northerly line of said Lot 'H', South 78'00'15" East, 92.06 feet to a point on the centerline of Carlsbad Boulevard, 100 feet in width, (Formerly U.S. Highway 101); thence along said centerline as shown on said Record of Survey Map No. 1806 South 36'50'05" East, 667.05 feet to the beginning of a tangent 5,000.00 foot radius curve concave Southwesterly; thence Southeasterly along said curve through a centFal angle of 12'1 0'30", a distance of 1,062.47 feet; thence tangent to said curve South 24'39'35" East, 1,393.76 feet; thence leaving said centerline South 65'20'25' West, 50.00 feet to the Southwesterly line of said Carlsbad Boulevard and the TRUE POINT OF BEGINNING; thence South 65'20'25" West, 17.00 feet; thence South 24'39'35'' East, 275.00 feet; thence North W20'25' East, 17.00 feet to a point here!.? designated as Point -1 - * 0 I951 e 'A, said Point lying on the Southwesterly line of Carlsbad Boulevard; thence along said Southwesterly line North 24'39'35" West, 275.00 feet to the TRUE POINT OF BEGINNING. Parcel D: Commencing at Point 'A described in Parcel C above; thence South 24'39'35" East, 25.00 feet to the TRUE POINT OF BEGINNING; thence along the Southwesterly line of Carlsbad Boulevard South 24'39'35" East, 81.30 feet to the beginning of a tangent 3,950.00 foot radius curve, concave Southwesterly; thence Southerly along the arc of said curve through a central angle of 4'25'18", a distance of 304.84 feet; thence leaving said Southwesterly line of Carlsbad Boulevard South 69'45'44" West, 80.00 feet; thence North 18°38'04" West, 281.22 feet; thence South 65'20'25" West, 23.00 feet; thence North 24'39'35'' West, 100.00 feet; thence North 65'20'25" East, 85.00 feet to the TRUE POINT OF BEGINNING. Grantee, its successors, assigns, agents or contractors, shall be responsible for any damage to Grantor's existing facilities occasioned by or arising from the construction, 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 appurtenances shall be done in a 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 airspace thereover, of the hereinbefore described easement and right of way, for the installation of such facilities as it shall now or in the future deem necessary. Such rights shall not be exercised by Grantor, 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 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, state of repair or presence of Grantee's facilities installed hereunder and all necessary and proper fixtures and equipment for use in connection therewith, including any such loss, damage or expense arising out of the (a) loss or damage to property, and (b) injury to or death of persons, including the defense of any action arising therefrom. 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 at no cost to Grantor, its successors or assigns. Grantor, its successors and assigns, shall not be required to bear any portion of the cost of construction, maintenance, alteration, repair, replacement, relocation or removal of Grantee's facilities installed within the easement herein granted. -2- " -. c e 1952 e 1 The terms, covenants and conditions of this easement and right of way shall be binding upon and inure to the benefit of Grantor, its successors and assigns, and Grantee, or in any other or altered form it may assume. IN WITNESS WHEREOF, the said San Diego Gas & Electric Company has caused this Instrument to be executed in its corporate name by its officer thereunto duly authorized this /q7N day of FzAteo&&g I 19 9/. SAN DIEGO GAS & ELECTRIC COMPANY, a corporation Drawn Checked Sketch Date November 12, 1990 MOPAC Const. No. A.P. No. 21 0-01 0-34 -3- " b ,I * 1953 0 State of MY F~kd/ A 1 County of S9d al&GO } on FELWJMY 19. /%I before me, *GLEEAJ M. R/~Bc~~cK, /voTQf2y Qu&crcl- (name, title of officer), per onally appeared J'P {EA) D, 'u #v 15 - proved to me on the basis of satisfactory evidence Aersonally know to me , - to be the personM whose nameh ism subscribed to the within instrument and acknowledged to me that he/- executed the Same in his/hq%&r authorized capacity(ies), and that by his- signatureo on the instrument the person@, or the entity upon behalf of which the PersonN acted, executed the instrument. WITNESS my hand and official seal. * l-0- Signa re " . . r "A X - - - . . I " " m OFFICIAL SEAL IMTHXEM M. BA5COCK NOTARY FUDLlC -CALIFORNIA -4- , tp * 0 1954 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the grant deed or easement, dated February 19, 1991 , from San Diego Gas fi Electric Company to the City of Carlsbad, California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsbad, adopted on March 5, 1991, and the grantee consents to the recordation therecf by its duly authorized officer. behalf of the City of Carlsbad, California, kIP- ALETHA L. RAUTENKRANZ, City C k DATED: October 1, 1991