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Home My WebLink About; WINTER, RAY & BARBARA; 41709; Easement.- If- I r* ', 'm 0 .* i) - I. "I, ' .. ( 7-AHs 1 I../ ?/; I, E'ASEMENT I/ I_.. """" .. I.. .' 7 hbu L, ;L" \ hi <FAL hh ~~~B~~~L\ ~CUX hereinafter called the "Grantor", for valuable consideration, receipt whereof is hereby acknowledged, do herbi;.y grant to the City of Carlsbad hereinafter called the "Grantee", the nan-exclusive easement and privilege of placing, constructing, repairing, maintaining and using a Sewer pipelin( 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: 7 That portion of Wact 238 of Thum Lands, in the City of Carlsbad, Caunty of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, described as follows: Beginning-at the intersection of the center line of Adams Street and Chinquapin Avenue; Thence along the center line of Chinquapin Avenue South 61'21'~est 557.98 feet; Thence South 28'39' East 689.00 feet to the true point of beginning; Thence South 59'35'15" West 130.86 feet; Thence South 44'14'50" West 68.01 feet to the Easterly line df land conveyed to Howard S. Crothers, et wc, recorded January 22, 1929 as Document No. 4470 in Book 1587, page 23 Df Deeds; Thence along said Easterly line South 28'39' East 485.05 feet to the c .. *- Southerly line of said Tract 238; c"=. ,.., Thence along said Southerly line North 63'44'20" East 195.17 feet to the intersection with a line bearing South 28'39' East from the true point of beginning; Thence North 28'39' West 517.18 feet to the true point of beginning. Said easement in the aforesaid lands shall be 15.0 feetin width measured at right angles, on each side of the following described center : Beginning at the most Southwesterly corner of t'ne above described prc being a point in the southerly line of said Tract 238 of Thum Lands; Thence from said point of beginning North 28'39' West along the west( line of said property a distance of 150.00 feet to the true point of beginning of the center line to be described; Thence from said true point of beginning North 65'20'23" East a dist; of 195.70 feet, more or less, to a point on the easterly line of the above described property, said point being 143.94 feet northerly fro] Southeasterly corner of said property. . i e. Grantor also @.ants to the City of Carlsbad the right to construct a: maintain a water main:in the above described easement. ,,/ " ' ,."._. .~. 90 :-. .'. ' a, A, , CT -* . -. '0 * 6 -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 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 acceptan hereof that upon completion of said initial construction that it will rest the surface of Grantor's property, wherever distrubed, to the condition ar: elevation at which said surface exists at the time of commencing construct of Grantee's sewer pipeline, excepting the portion of' Grantor's property permanently altered by embankment construction as hereinafter provided, ar excepting the graded portion of the hereinbefore described temporary work5 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 protecting 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 being shown on.Sheet 3, Draving IJo. 133-9A of the "Agw Hedionds Sewer Right of Map", dated November and December, 1961, and filed in the Engineering Dep ment of the City of Carlsbad; it is specifically covenanted by Grantee tk nothing contained in the hereinbefore described provision for constructio 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 pro4 ing embenkment shall cease and terminate. G* ’. 1 ,, -. ’ e, *e e - -3 - Grantor expressly reserves the right to install, and/or to grant easements to install, across, upon or within aaid pipeline easement, utilit roadways, and other facilities necessary or convenient for Grantor and Grantor further reserves the right to use the easement and crabankment area any other manner not incompatible with the rights conveyed herein to Grant< provided, however, that Grantor and their successors in estate shall not el 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 fixtures 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 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 remova 1. 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 quitclaj IM WITNESS WHEREOF, the Grantor execute ./ these presents this >)-cI?- day of 1 Q& \i MlY , 196 1 LC. -2 &9/Ljyz+” /< ‘\A - GA,~?VU. h’l-&-~ ~ ’..;!.?>;-?:+, .- (e '. ,,'I d ' - .. 1' *e 6' -4. .. b3 STATE OF CALIFORNIA COUNTY UF SS. h\E&G 1 On 4 p+J GW2.d , bv ~ \wf before me, the undersigned, a Notary Public in and for said County and State, personally appear* ) Pry b 1 L\as"F,K '7 " \*gkbl& bG\ bc= 1 known to me to be the person (s ) whose name( s) .I ) . .: .. .. .. , CE'JTIFICATE OF ACCEPTAIJCE """"I This is to cer ify that th? lnterest in.rea1 p conveyed by 4 dated w&~kbq , from b?? h2!(4LR~@@P .- . r,;-. , .? to the ctty or" Clari.sbad',a,..~;o,li' oration a,ndi/gr govcrrmrntal agen.c:,r, ?k+f@e.ye?w by orfier of th.3 sity Council -of the: &$Ff .Of e:: the /J# day Of?&&& 176% , an-?: ..th+ :g?zn'r,c to recoraa'cion thereof by its duly v&&.z,ed! _.I . , F -45- ", ., t J,",, i DATED : ?&L? sf, /yd 9- ::e- '.. ., ,, <,' -: i? CITY OF CAZiiLSBAD BY. ~~&&~ City Clerk ,6 e* I*. , .. . L i /”) i-, ; .J! &-$ ;y(-J,.s “A- e& FlLQpNX NO ...__“ RECORDED AT REQUE~T~F j&& -*..... ._ . t4AK 5 1964 ~ AT.. %- ._-_..MINUTES PbQ ..__.___. .__ SAN DIEGO COUNTY, C LlFORNlA OFFICIAL RECORDS A. s. (;Ray, GQUN’f/ &=:ORDER 5ERJES 5 BOOK 196 No tit W wi. 637 ~ ~~ ~ .I g-/3"S3 cc/.Jc. ,$/6&3 SASK,WEN? Ffl0b-l Cp TG/Si ~~~- ~ ~~~ ~~ ~~ ~~ C/?"Y OF CArSLSBAD AGUA H€D/UNQA SF WER . R/GHT OF WAY PLAT N-O 7 I, ASSOCIATED ENGINEERS 3065 Rosecrans P1. San Diego. 10, California AC 4-2467 "-- Drawn by rub/ DateLVK,. Scale: /*=/(?< "." . Approved Darr&k-G, Job No. I &:*I e. $x?.! ' 1 /5G I I I