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Home My WebLink AboutCT 74-04; SAN DIEGO GAS & ELECTRIC CO.; 78-269461; Easement?. .t I ", 9 529% i RECORDING REQUESTED B " City of Carlsbad AND WHEN RECORDED MAIL TO: City of Carlsbad 1200 Elm Avenue Carlsbad, CA 9 2008 I 4- '78Za: I'ILEiPAtg MO,"?: om& zo'lo WE6QR€E@ REQUEST @i l@KA2&&B*cdM "". ...... ." . . . _" - - 1 JusJ ig Q 32 h# ?I @;L::>l>. "" ! Pf;ItlL BEc$fjgg I-ilq~g,i i?::&fj@M REgjR@Eq $94 CiEQQ!JJijyf!DAh;l 3 SPACE ABOVE FOR RECORDER'S USE.- ~~~~p~~~~~' IWMSFEW TAX $:..?%? ____... GRANT OF EASEMENT SAN DIEGQ GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Grantor", for valuable consideration, grants to the CITY OF CARLSBAD, a municipal corporation in the County of San Diego, State of California, hereinafter called llGranteell, an easement and right of way for storm drainage purposes and incidentals thereto, through, Over, under and across Grantor's land situated in the City of Carlsbad, County of San Diego, State of California, described as follows: That portion of Lot "J" of Rancho Aqua Bedionda, in the City of Carlsbad, County of §an Diego, State of California, according to Nap thereof No. 823, filed in the office of the County Recorder of said County, November 16, 1896, conveyed to San Diego Gas & Electric Company by Deed recorded January 15, 1968 at Recorder's File/Page No. 7140 of Official Records, lying within a strip of land 12.00 feet in width, the center line of which is as follows: Commencing at the Northeast corner of Carlsbad Tract 76-2, according to Map thereof No. 8581, filed in the office of the County Recorder of said County, May 24, 1977; East, 25.18 feet (record South 05" 58' 10" East, 24.14 feet) to the Northeast corner of Lot 41 in said Tract; thence Worth 59O 43' 16" East, 34.88 feet to the TRUE POINT OF BEGINNIMG; thence South 63O 45' 00" East, 120.71 feet; thence South 13' 80' 00" West, 55.00 feet. thence along the Easterly line of said Tract South 05" 59' 55 E., ., @ 129s -. 0 Grantee, its successors, assigns, agents or contrac- tors, shall be responsible for any damage to Grantor's existir: 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 appurtenance 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 air- space 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, provided, however, that such reserved use rights shall not be exercised by Grantor, its successors or assigns, in such a manner as to be incompatible with Grantee's installation. Grantee shall not impound or store or cause to be impounded OK stored, water or other fluid substances within Grantor's property and Grantee further agrees that it will keep said easement area or any of Grantor's property.effected by this easement, free and clear of any object, materials, insects or vermin that may be unsightly, obnoxious or injurio to health. -2- s', .- . 0 0 t -! & 296 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 oz 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, in- cluding any such loss, darnage or expense arising out of the la) loss of damage to property, and (b) injury to or death of persons, including the defense of any action arising therefrom, excepting any loss, damage or expense and claims for loss, damage or expense resulting in any manner from the negligent act or acts of Grantor, its contractors, officers, agents or employees. 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 granf 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 easemen herein granted. -3- ,'2 -* * , .q* 5. 1, ,. L e : : " 2.9'7 0 1 The terms covenants and conditions of this easement and right of way shall be binding upon and inure to the benefi of Grantor, its successors and assigns, and Grantee, or in any other or altered form it may assume. IN WITNESS WHEREOF, we have hereunto set our hand this 7 f day of ,&@k?/i 1- 19 7'c ,~$t><!.? ,s$,il'isS;qjif':: *.' e, .. 9 ', . I ,,. +**"'"&,.I.',? , '' , ,. *,'% +? .? v * , 95- .:. . . ., , -\ ,. z.. , 'y., '. .> I wnior Vice President ___cc^__<_" ."^ Bickley i i B[<ay;:.; BY ____ - - -. _" "- : ! * j \,fiL<".\ .,...-,\',;:)- .,..".. <-,'I :,. "D~?."": ; tA,Tp:? ?.IPS R/W's 3151, ! ...,l-T?<,; ,:'? "-16 0 0-1 I .>j'.,-lu,; .- ,_:_ ___ .. . ._.__..."~" . ! - ,.I<- 11/21/77 \ ; i>,\iC ____.______. . . - ..-~---- : i . &:e ,(., 2.: ,. "."... ..""-" ' . -.-. -,_ __,.__ __,, "... ..- .... .I" - 3, 45742 & 45744 -4- 1 . ..' -, , .* . I .a, ' A' 0 0 : '298 "- SAN DIEGO GAS & ELECTRIC COMPANY FORM STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. ON THIS 28th day of April , 1978, before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly cammissianed and Sworn, PerSonally appeared J. R. Belt , known to me to be the Senier Vice President and the Secretary of SAN DIEGO GAS & ELECTRIC COMPANY, the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its By-Laws or a Resolution of its Board W . J. Kames , known to me to be of Directors. WITNESS my hand and official seal. Notar~u&y - County and State hb~ Commission Exp. July 2.5.. 1981 e 3299 . ... 0 ~z37/t/(yrd/p I /2PB//%'G2 /d#/&EN7 1 % j\ LU7 42 kJ i PLAT TO /LLUS7RRI'E irk/E ICK ENGINEERING CC LEGAL ,U&SCR!P7/UN 0' -CIVIL ENGINEERS- .OFF5/'sI D!M!!NAG6 0 FRIARS ROAD SAN DIEGO, CALIF0 3088 PI0 PIC0 DRIVE,SUITE 202,CARLS SAN DIEGO-(714)291-0707/ CARLSBAD-(7