HomeMy WebLinkAbout; San Diego Gas & Electric; 76-383604; Easement\
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OFFI0\/11. RECORDS SAN njEGO C.OIJHT\. GAl. iF. HA!Il. ~y F. 8L0014 . rtECO~OE.R
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CERTIFICATE OF ACCEPTANCE , I 1 . . :': ........ -.
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The Department of Parks and Recreation, on behalf of tbe State of California
pursuant to Section 5005 of the Public Resources Code, hereby accepts tbe
conveyance by Grant of Easement dated July 20, 1976, exeau.ted by· San Diego
Gas and Electric Company, a California Corporation, to the State of California,
and i'n accordance with the provisions of Section 27281 of the Government Code,
consent to the recordation thereof,
AUG t 6 1918
(Date)
DEl'ARXMI!NT Oi' PARKS AND RECREATION
Herbert Rhodes, Director
CHIEF DEPUTY DIRrCTOR
The Department of Finance consents to, and approves, the acquisiU.on of· the
interests herein conv.eyed by the within Grant of Easement dated July 20, 19761 executed by San Diego Gas ·sud Electric CoJDPany, a California Corporation, ·
:ocr 151910·
(Date)
~.B'Al!1M::'IIT Of G::-llE~fJ. SE~VI~
APPROVED.
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DEPARTMENT OF FINANCE
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STATE OF CA~IFORNIA )
COUNTY OF SACRAMENTO)
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1463
On this /2-L day of li..aveud-zer, In the ye;Jr ,of 1976, before me
ADElAIDE V. ~. a notfrY publle io and for the State of C;~llfornla,
resIding therein, du 1 y comm Iss 1 oned and s~10rn, persona I \ y appeared R, F.
VAN HORN, .known to me to be the C~IIEF DEPUTY DIRECTOR of the Department
of Parks and Reccreatlon of the State of Cali fornla, and koown to nie to
be the person who e>~ecuted the within Instrument on beh<~lf of said public
corporation, agency or po\ltlccal subd lvi slo~, and acknowledged to me that
such pub 11 e agency c>~ccu ted the sam·e.
IN WITNESS ~IKEREOF, I have hereunto set my hand and aff l>~ed my
official seal the day and year In t~is certificate first written.
ud~~~ ~~LA I DE V, GRUBBS
t1otary ·Pub II e Sacramento County, California My commission expires December 22, 1979
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The tr;wms, covenants and conditions of this Grant of Eas~ment
shall be binding upon and inure to the liimefit of the .successors and assigns
of Grantor and Grantee,
Ir{ WITNESS WHEREOF, the parties hereto have executed this
instrument by their duly authorized officers.
STATE OF CALIFORNU\
DEPARTMENT OF PARKS AND
RECREATION
HERBERT RHODES, DIRECTOR
B?'K~9v~~
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SAN DIEGO GAS & ELECTRIC COMP~
STATB OP CALlfOllNIA, }
Count)' of San D/.eso sa. ;j
·1 _ ON TRI~IIY of .July A.D., 19.1!__, before me, thu undersigned, a ~
' } • Natar)' Publklin and for said County and Stole, ruiding·lherein, duly commiBsioned on.d sworn, personally 111/Pdared ~ ~ -! \ J, ], .Belt I knarun to me to 6e the Sr._ Vice Pr<!sident and ~
1 ·r'.·v C. Edward Gibson , known to me to b~ the :Aseistan!Booretary of San Diego Gas & Electric Company r the corporation t/ult executed the within instrument, and Rlli)WII to me to be lhe MrSO/LB--ruho executed tire· within
inalrument on behalf of the corporation therein named, and acknowledged to me that such corporation e;recuted ~ r 1
lhe within Instrument purerUl/11 to ill By·Lawll or a Resolr1ti.oh of its Board of Directors. ~ IN Wl'I'Nt89 wnEBKOII', I hove h.ereunto set my hand a affl;red my o{f!clol seal the day and year in this eertlfl· · 1. ~toP,:•''"':~,::, '-A~... . . ;/ .) :i:
. VICKI L. BROSSEt':.~
""'~-",'" ljOTARY PUBUC • OALIPDIINIA • I, PRI~OIPA~ on'!Ci. 1«
RAT . Cl•mmll$loo ~lttS ~uaus~ 11, 1978
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recreation. Public use and development shall be the ocean-beach park type,
with improvement anticipated as being limited to walks, stairways, rest areas,
and other facilities neceseary for beach enjoyment, Grantor reserves the
right to approve the design and location of any and all improvements proposed;
provided however, that any improvements placed upon said property by
Grantee, pursuant to a plan approved by Grantor, shall not be disturbed by
Granto.r without the written consent of Grantee, anything herein to the contrary
notwithstanding, Such approval shall not be unreasonably withheld.
Grantor reserves all rights to its present facilities upon, over, un-
der and across said property and the right to preserve, maintain, repair and
use such facilities. Grantor likewise reserves the right and power to con~
struct, maintain, repair, preserve, and use such other additional facilities
which Grantor reasonably deems necessary to the operation or expansion of
its facilities. In the exercise of these reserved rights for its present facili-
ties or its additional facilities or both, temporary inconvenience may result in
the public's use of the surface of said property during periods of construction
activity. However, Grantor shall exercise such rights in a reasonable and
workmanlike manner calculated to minimize the temporary inconvenience to
the use of the surface of said property for public recreational purposes.
Grantor reserves the right to deposit spoil sand on the said property
dredged from the Agua Hedionda Lagoon or its mouth to keep that water body
open to ocean flushing.
Grantee agrees to indemnify and hold harmless Grantor from and
against any and all liability, claims, damage or injury arising in any way from
such public use of Grantor's land, except any liability, claims, damages or in
juries arising out of Grantor's sole negligence,
Any improvement placed upon the property by Grantee in pursuit of
its use for public recreation, shall remain the personal property of Grantee.
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~~N JIEGO~& E~£00 • 1460 -SIG/ '\TliR ;G'..--
l . . ORIGfr/hitL TO GRANT OF EASEMENT (l/1i3
SAN DIEGO GAS & ELECTRIC GO. 2 P, 0. SOX 183l Carlsbad State Beach
3 SAN DIEGO, CALIFORNIA, 92112
ATTN. OF J. C. KENNEDY
San Diego Gas & Electric Company, a California corporation, here-
5 inafler "Grantor", grants to the State of California, hereinafter "Grantee", an
6 easement for public recreational use of the real property situated in the City of
7 Carlsbad, County of San Diego, State of California, more particularly des-
8 cribed as follows:
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22 walks,
That portion of Lot "H" of Rancho Agua J:Iedionda, in the
City of Carlsbad, County of San Dieg.o, State of California, accord-
ing to PartitLon Map thereof No. 82 3, filed in tl•e office of the
County Recorder of said County of San Diego, November 16, 1896,
more particularly described as follows:
All that portion of said Lot 1'B" lying Southwesterly of the
Southwesterly right of way line of Carlsbad Boulevard (formerly
California State Highway XI-SD-2-B) Northwesterly of the North-
westet:ly line of the land conveyed to W. D. Cannon by de ed re-
corded January 21, 1953 in Book 4722, Page 359 of Official Be-
cords of said County of San Diego, and lying Southeasterly of a line
that is parallel with and 150. 00 feet SoutheasterlY of the followlng
described line:
Beginning at a point on the Southwesterly line of said
Carlsbad Boulevard, which point bears South 30 o 01 1 36" East,
3054. 12 feet from Corner No. 1 of said Rancho Agua Hediooda;
thence from said POINT OF BEGINNING South 65 o 13' OO" West to
the Mean High Tide Line of the Pacific Ocean.
Together with the right of the Grantee to install or construct such
stairways, rest areas, and other facilities necessary for beach enjoy-
23 ment and the right of Grantee at all times, to enter in, over and upon said
24 easement and every part thereof and to use said easement for all purposes con-
25 nected therew.ith, and also the right of Grantee to use said property for public
26 parking, fishing, picnicking, general viewing, public protection and policing
27 as part of the State Park System.
28 The easement hereby granted shall be for the purpose of public
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