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Home My WebLink About; STEWART, HUGH & ZELLA; 41722; Easement, ,e P '1.. '6 0 L: /' ,. i / / .. i ( 24 -AE E-ASEMENT I """" i ,' We, Hugh Stewart and Zella Stewart hereinafter called the "Grantor", for valuable consideration, receipt whereof is hereby acknowledged, do hereky grant to the City of Carlsbad hereinafter called the "Grantee", the nun-exclusive easement and privilege of placing, constructing, repairing, maintaining and using a sewer pipelir: and all necessary and proper underground fixtures for use in connection - therewith, upon, along and under the hereinafter described easement, toget with the right of ingress thereto and egress therefrom by a practical rout or routes, over and across the Grantor's land situated in the County of Sa Diego, State of California, and more particularly described as follows: The Easterly 75 feet of Lot 6, in Block 'ID" of Bella Vista, according Map thereof No. 2152, filed in the Office of the County Recorder of Sa Diego County, the Westerly line of said property befhg parallel with t Easterly line of said Lot 6, said 75 feet being measured at right angl from the Easterly line of said Lot. Said easement in the aforesaid lands shall be 15.0 feet in width, bein 7.5 feet measured at right angles, on each side of the following described cen line : Beginning at the Southwesterly corner of the above described property; Thence from said point of beginning Northerly along the Westerly line said property a distance of 85.81 feet to the true point of beginning the center line to be described; Thence from said true point of beginning Easterly in a straight line a distance of 75.04 feet, more or less, to the point on the Easterly lir of said property a distance of 102.43 feet from the Southeasterly corr of said property. . . ,. ,'/ . : '. 8 7 ;:. ,,-.. a .i+ . c ., '4 0 , -2 - I Grantor also grants to Grantee the right to use as a temporary working strip during initial construction of Grantee's sewer pipeline, a strip of land 15.0 feet in width adjacent and contiguous to the northerly boundary of the above described sewer pipeline easement; the right to use said temporary working strip ceasing and being terminated at such time as said initial construction is completed, and Grantee agrees by the acceptai hereof that upon completion of said initial construction that it will res' the surface of Grantor's property, wherever distrubed, to the condition a: elevation at which said surface exists at the time of commencing construc' of Grantee's sewer pipeline, excepting the portion of Grantor's property permanently altered by embankment construction as hereinafter provided, a excepting the graded portion of the hereinbefore described temporary work strip whereon restoration of the ground surface to its original elevation and condition may be impracticable because of existing slope. Grantor also grants to Grantee the right to install a protectin embankment of concrete or stone to control. tidal, ersoion of the existing line and prevent damage to the Grantee's sewer pipeline; the northerly boundary of which embankment shall not be higher than 5.0 feet above Mean Sea Level, U.S.G.S. Datum, and which embankment shall be constructed and surfaced in such manner and at such slope as not to impede Grantor's read access to the adjacent waters of Agua Hedionda Lagoon for boating or othe purposes; the location of the contour 5.0 feet above Mean Sea Level bein@ shown on Sheet 3, Drawing ;io. 133-9A of the "Agm Hediondz Sewer Right of Map", dated November and December, 1961, and filed in the Bgineering De1 ment of the City of Carlsbad; it is specifically covenanted by Grantee tk nothing contained in the hereinbefore described provision for constructic by Grantee of said protecting embankment shall prevent Grantor, or their cessors and assigns, from filling or construction upon, over and Souther1 from said embankment to make use of Grantor's property lying Southerly fr said embankment, and it is further covenanted that if Grantor, or their successors and assigns, does fill or construct upon, over and Southerly from said embankment to the extent that Grantor's filling or constructic serves to protect Grantee's sewer pipeline from erosion damage, then and that event Grantee's interest in, right to install and maintain said proi ing embankment shall cease and terminate. ' .4" .I 'I. 'a. 0 .> -3- r Grantor expressly reserves the right to install, and/or to grant easements to install, across, upon or within aaid pipeline easement, utili roadways, and other facilities necessary or convenient for Gractor and Grantor further reserves the right to use the easement and embankment area any other manner not incompatible with the rights conveyed herein to Grant provided, however, that Grantor and their successors in estate shall not e or construct any building or structure of a permanent nature, or plant any tree, within the limits of the hereinbefore described sewer pipeline easeu which would interfere with reasonable and proper use of said easement by Grantee for the purposes for which it is herein granted. The easement hereby granted shall be superior to any and all otk easements granted or established, and Grantee shall be entitled hereundel disconnect and/or remove any and all other fixtures of any type whatsoevex installed pursuant to any such subsequently established easements from the easement herein granted whenever it shall be reasonably necessary to do sc in order for Grantee to enjoy and use' its rights herein granted. Grzntee sustain no liability to Grantor, his successors or assigns, or the owners any such subsequently granted or established easement by reason of any suc reasonably necessary disconnection and/or removal, and shall sustain no obligation to replace or repair any such fixtures following such disconnec or rernova 1. The herein conveyed easement shall cease and terminate upon thc non-use and abandonment of same for a period of two years; and in such evc the Grantee shall forthwith quitclaim to the Grantor, or their successors assigns, all rights herein without any charge to Grantor for such quitcla: IN WITNESS WHEREOF, the Grantor executl these presents this 3/& day of amwAA, , 1964 * fl B ? ,/ \; ' /"61/I/L: r' I \)i"J- \I 7 5" LL2" .~- 6- i (I) '. I. %? -4- ST.ATE OF C.ALIFORl!TIA CCUNTY OF SS. 72 d 0%"- .-I p-aLap- .- .. 3; /964 IWWX.~ me, $he undersigned, a Eotary Public in and for said County and State, personally appeared .A gA& && known to me to 'be the person ( s ) whose nnme ( s ) $si (are) subscribed to the within instrument and acknowledged that &dA '7 02 Y ~~"""L"""""~"...l(.l..ll..L.....,,~..,.,..,.., ......................... OFFICIAL SEAL executed the sane. MARY A. WItKlN NOTARY PUBLIC- CALIFOi (Seal } PRINCIPAL OFFICE Ih .a 5727- dA 'i 11/11*....)..........~..,..,,,..,.,~..1( SAN ..,.. . DIEGO .,...,,.., 111 ..,,, COUNTY l.l.,.ll .1.,., - ( ITotary . gnatwe Line 1 MARY A WlLKlNS MY omm mission Expires Oct. 19, 1967 CggT.IEIC&?E-OFACCEPTAm This is to c~~;T~%~~ in real property dated 1- 34 '7' T , fm?n flug,h %+/ ZeLh S5N8 rT [ to thn cq i-g (::: ".:> .? -:h.?.d., ;? ~)ol.i.tGical corp- CQ?IV2Jred by . ora;-;. r2;l n,a< ,/n:: p:.rr:rn;: - 7 :-a1 ag:?n:..:; I c; he,;:%^ a.-.-%at.ed by o,,,,cz o..4 -;,k . c:-+,-! Col;ncil of t'7.c :~-.~~L,':;;~~ Q?? ~C':..T~.BI;:~L~ 03 ... ". ,-he ,p4-cai>T of +wt,/y1./ , &E.:. . .-,:: g::~~n~:oe consents .. , . - . , , .: . to recordation thereof by its ." @f,ir ., , ~d:ho~q~od Officer. DATED : ?dud 26 //yb$ .y. : ..: , >: ' _.. I . -/' '. { . b" . . I. - , , ,I. ' ." ~. . 2;s. . .,:- ' ' ~. , ..- - . e . ~ _. .. .. ., . , . A. .I _, {- - *>, 1" { , ~, : ., I. p-;"-,?G" 42 p 42 FILE/PAGE NO. RECORDHI AT,REQU.EST> O& ".A" " 'i @AR 5 1rey AT.. .' : :MINUTE:$ P.4$T~Lzz~-..,~ ..,.,. LKIE5 3 P@@E $9 -4 IAN OI&Gff E tis C. LIfdRNlh @iCki& @EC~RD;$ . A: 9: QsM{ !& *b ?' / %@!%€# b m 0 ,. ., .I I .% . , ; . .' : . ; . 4; I. 4:. :._ , .. ' . .. .> I .. ?cA- " urn, 63 41722 FILE/PAGE NO. RECORDE ATIREQUEST. OE , -..a- &J AT.. ~ ' : ,MlWllfB fh%z:z,, ..... S PR kIES 3 bWK 5 1964f 19 4 8AN DI,@g E C. LiFCiffNlh &$ci@ 8kdldS A: 9: enRY, ll#&i H&s@dgEd .. N "I . ." -9 * I, I, 6 0 r t " "_" .,. .. -" ."."------ ,\, /i p -> fl -- J4-\/ L iu d 1 .F€Y, "I ~.L..F' CXT 7: e??. *53 , EASEMEjri 7- WRS 20 , 8-, ASSOCIATED ENGIl 3065 Rosec~ans PI San Diego LO, Califo . AC 4-2467 C/ T Y OF' C'ARLSBA2 A GUA A'€C'IG?A/DA SEWER,, . R/i'S/Lf7" fJ/:- N4.y PLAT ;$ 24 Drawn by TWW Date//-%l/S' Approved " ". -DL* L,)D,.! y;r,iQ;, .f[&? ;J