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Home My WebLink About; VOGEL, WALTER & RUTH; 41716; EasementT .. .. 4a . _1 'I I . ' ' ' ' ,','e - 9 ( 18-m ) E'ASEMENT """" WE \ lLi &L'.i /.i r& ic 3 L (r c, t- e- ktdkb '> . , -1 L.j'I & (> [i VLEL , hereinafter called the "Grantor", for valuable consideration, receipt whereof is hereby acknowledged, do her6;t.y grant to the City of Carlsbz hereinafter called the "Grantee", the nor,-exclusive easenent and privilet of placing, constructing, repairing, maintaining end using a sewer pipel: and all necessary and proper underground fixtures for use in connection therewith, upon, along and under the hereinafter dedcribed easement, tog< with the right of ingress thereto and egress therefrom by a practical ro1 or routes, over and across the Grantor's land situated in the County of 2 Diego, State of Calffornia, and more particularly described as follows: - Ut 2, in Block ItD" of Bella Vista, according to Map thereof No. 21: filed in the Office of the County Recorder of San Diego County. Excepting that portion of Lot 2, in Block "D" of Bella Vista, descr: as follows: Beginning at a point on the West line of Lot 5, distant South 26011; 99.53 feet from the Northwest corner of said I&, and the true poinl beginning; Thence continuing South 26O11' West along said West line 180 feet 1 Southwest corner thereof; Thence South 34'15* &st along the Southwest line of Ut 2, a distal 150 feet, more or less, to a point on said Southwest line, distant f 34'15' West 42.61 feet from the Southeast corner of Ut 2; Thence North 26'11' &st parallel to the West line of Lot 2, a disk of 245 feet, more or less, to a point; Thence North 63'491 West, 140 feet, more or less, to the point of bf ?- -.( 4 Said easement in the aforesaid lands shall be 15.0 feet in width, bf 7.5 feet measured at right angles, on each side of the following describf center line : Beginning at the most Southerly corner of said Lot 2; Thence from said point of beginning Northeasterly along the Easterl: of said lot a distance of 113.23 feet to the true point of beginniq the center line to be described; Thence from said true point of beginning Northwesterly in a straigh: a distance of 101.94 feet, more or less, to a point on a Westerly I: the above described property, being also the Easterly line of the a1 described excepted portion of said Lot 2, said point being Northeasi a distance of 134.90 feet along said Westerly line from the Southa line of said Ut 2. /." 89 .~ ,* T e L. e 7 -2- 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 northerl: boundary of the above described sewer pipeline easement; the right to us( said temporary working strip ceasing and being terminated at such time a2 said initial construction is completed, and Grantee agrees by the accepts hereof that upon completion of said initial construction that it will re: the surface of Grantor's property, wherever distrubed, to the condition i 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, E excepting the graded portion of the hereinbefore described temporary worl strip whereon restoration of the ground surface to its original elevation and condition may be impracticable because cf existing slope. Grantor also grants to Grantee the right to install a protectir: 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 Mear Sea Level, U.S.G.S. Datum, and vhich embankment shall be constructed and surfaced in such manner and at such sfope as not to impede Grantor's reat 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 being shown on Sheet 3, Drawing ijIo. 133-9A of the "&u3. Hedionda Sewer Right of Map", dated November and December, 1961, and filed in the Engineering D~F ment of the City of Carlsbad; it is specifically covenanted by Grantee th 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 ernbanhent to make use of Grantor's property lying Southerly fu 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 constructio serves to protect Grantee's sewer pipeline from erosion damage, then and that event Grantee's interest in, right to install and maintain said pro% in@; embankment shall cease and terminate. 't e 0 4.' -3- Grantor expressly reserves the right to install, and/or to grant easements tc install, across, upon or within aaid pipeline easement, utili. roadways, and other facilities necessary or convenient for Grantor and Grantor further reserves the right to use the easement and cmbnnknlcnt area any other manner not incompatible with the rights conveyed herein to Grant1 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 easem 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 0th easements granted or established, and Grantee shall be entitled hereunder disconnect and/or remove any and all other fixtwes of any type whatsoever installed pursuant to any such subsequently established easements from the easement herein granted whenever it shall be reasonably necessary to do so in order for Grantee to enjoy and use its rlghts herein Gzilted. 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 removal. The herein conveyed easement shall cease and terminate upon the non-use and abandonment of same for a period of two years; and in such eve the Grantee shall forthwith quitclaim to the Grantor, or their successors assigns, all rights herein without any charge to Grantor for such quitclai IN WITNESS WHEREOF, the Grantor3 u&&,d<>g$& \) 8 $,k [,- executa / these presents this \ '\'I iT day of J, *, u +C y , 196 4 - [& 4 VLW&9 9 - Y fl ", /, , -,..'.- ..'<' ,. . . ./- j. *. / -_ . ./ /' ':': ;;j<?, L -. ... _*.- ./ / -.*- .. *\ t ’ ’$ e * -G - STATE OF C.nLIFORf\JIA CCUNTY OF SS. c / On c Lh&-whLq \ 7, i i q i i-c before me, the undersigned, a Notary Public in and for said County and State, personally appeared LC,, &\- \ Et2 J:L; t, pi e L */ / +(<, a 2.,/ , ob.\ * [ ; c, fL 5.b- ”. ” - e e 5” ’% ’ 1. , .. ,. ,A P. \ ./’ ,--? c”! ,/A / X‘, ’$ p$ , , &A i ,:e -* - . p1 P p FlLEjPAGE NO ._______. - RECORDEbAT &A qEQUESTDF ”. &fi 5 1364 AT.. __._ _. INUTES PAST ...._ _.__ 9 ___._ .. .S$R!ES 5 BOOK 19d4 SAN DiEGO COUNTY, C LlFORNlA OFFICIAL RECORDS A. S. GEAY, COUNT:‘ idORDER u\ a 0 :' <'\; ::c \, .... ". 4 .\.j J. , .:: . : "' I' $5. .:- . 'C-. . . ,i T6* ( ??" Dad 'b4 87 41716 FILEIPAGE NO .___._I".- - RECORDEkAT REQUEST Of " m AT.. __._ .. INUTES PAST ......... ._ SERIES fl 5 BOOK 5 19644 19 4 OFFICIAL RECORDS SAN DlEGO COUNTY, C..LIFORNII A. S. GRAY, COUNTY ~ILCOROEE .3 4 .' j. e 4 674 h i .- "_" '- @' ,FE. ,,, e ' ..,. / ' ; L9 . -cc: 73. 5 /T4,rEA.rENT yJJc,s 20' R ASSOCIATED ENG: San Diego 10, Calif CITY OF CkiiZLSBAD 3065 Rosecrans 1 AG(,/A {l;EL/'/'$hJ. .~y A S€W€R AC 4-2467 R/GK /T- 0,c j~...(h y i 5 --/+ : /: " / i <\?' c /B' Drawn by PbfL.,' Date"4 ". T Approved Dare Grci ~i ,, &!ctx,;,pA.:5i &@ J 7 I