HomeMy WebLinkAboutCT 84-35; SAN DIEGO GAS & ELECTRIC CO.; 85-465323; Easement-1 1 . .: ,Recording Reques t.cmy c &mu .. /"T x""-.- - "h-" t.,&xliii'&n. IN i
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1385 DEC I 0 PM 2: 02
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4 City Clerk, City of Carlsbad - "4 tiir 2, b,,.??,i
When Recorded I I LCOUHTY VERA RiCORDCRI t LYLE
Mail to: .City.-@.f Carlsbadi. -'.! *
1203 Elm Avenue .
. Garlsb,ad, CA 92008 -.". NO FEE
SPACE ABOVE FOR RECORDER'S USE
CT 34-35
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMPANY
NIL -TB t -
GRANT OF EASEMENT
SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Grantor",
for .laluable consideration, grants to the CITY OF CARLSBAD, a municipal corporation,
hereinafter called "Grantee", an easement and right of way for public street and storm
drain purposes and incidentals thereto, through, over, under and across Grantor's land,
together with the right of ingress and egress, to and along said easement, situated in
the City of Carlsbad, County of San Diego, State of California, described as follows:
PARCEL 1:
An easement 60.00 feet in width for a public street and storm drain
lying within Lot "J" of Rancho Agua Hedionda, according to Map thereof
No. 823, filed in the Office of the County Recorder of said County of
San Diego, the center line of which is described as follows: @-r>
Beginning at a point on the Easterly line of the land conveyed to
San Diego Gas & Electric Company by Deed recorded February 14, 1968 at
Recorder's File/Page No. 25445 of Official Records of said County of
San Diego; distant thereon South 05O 57' 27" East (record South 06O 29' 30"
East per Deed), 113.60 feet from the Southwest corner of Carlsbad Tract
74-14(A), according to Map thereof No. 8585, filed in said County Recorder's
Office; thence South 84O 02' 33" West, 34.00 feet to a point herein
designated Point "A"; thence continuing South 84O 02' 33" West, 116.00 feet
to a point in the Westerly line of said San Diego Gas & Electric Company's
land; said point being a point on the Easterly prolongation of the center
line of Valewood Avenue, as shown and delineated on the Map of El Camino Mesa - Un,it No. 5, according to Map thereof No. 6693, filed in said County
Recorder's Office.
The sidelines of the above described easement shall be lengthened
and/or shortened so as to be continuous and terminate in said Westerly line
of San Diego Gas & Electric Company's land.
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PARCEL 2:
An easement 20.00 feet in width for a storm drain lying within sa Lot "J", the center line of which is described as follows:
Commencing at said Point "A" described in Parcel 1 above; thence
North 05O 57' 27" West, 30.00 feet to the TRUE POINT OF BEGINNING of the
center line herein described; thence continuing North 05O 57' 27" West, 30.
feet.
PARCEL 3:
An easement 20.00 feet in width for a storm drain lying within s,
Lot "J", the center line of which is described as follows:
Commencing at said Point "A" described in Parcel 1 above; thence
South 05* 57' 27" East, 30.00 feet to the TRUE POINT OF BEGINNING of the
center line herein described; thence continuing South 05O 57' 27" East, 30
feet.
Grantee, its successors, assigns, agents or contractors, shall be res
for any damage to Grantor's existing facilities occasioned by or arising from t
struction, operation or maintenance of Grantee's facilities within said Grantor
property.
Grantee covenants for itself, its successors, assigns, agents or cont
that all work in connection with the installation of Grantee's facilities and
appurtenances shall be done in a workmanlike manner and in accordance with star
engineering practices.
Grantor reserves unto itself, its successors and assigns, the right t
subsurface, surface and airspace thereover, of the hereinbefore described easen
right of way, for the installation of such facilities as it shall now or in the
deem necessary. Such rights shall not be exercised by Grantor, its successors
assigns, in such a manner as to be unreasonably incompatible with Grantee's
installation.
Grantee shall at all times indemnify and save harmless Grantor again:
in full any and all loss, damage or expense that Grantor may sustain, incur or
liable for, resulting in any manner from the construction, maintenance, use, s'
repair or presence of Grantee's facilities installed hereunder and all necessa:
proper fixtures and equipment for use in connection therewith, including any SI
damage or expense arising out of the (a) loss or damage to property, and (b) i!
or death of persons, including the defense of any action arising therefrom.
Grantee covenants for itself, its successors and assigns that should
discontinue use of this easement for the purposes set forth herein, then all r
granted in this easement shall terminate and Grantee, upon receipt of written shall execute and deliver to Grantor a good and sufficient Quitclaim Deed to a
herein granted.
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Grantor, its successors and assigns, shall not be required to bear an]
of the cost of construction, maintenance, alteration, repair, replacement, reloc
removal of Grantee's facilities installed within the easement herein granted.
The terms, covenants and conditions of this easement and right of way
binding upon and inure to the benefit of Grantor, its successors and assigns, a]
Grantee, or in any other or altered form it may assume.
IN WITNESS WHEREOF, the said San Diego Gas & Electric Company has caul
Instrument to be executed in its corporate name by its officer thereunto duly a'
this 17 day of Q<-~;&Y , 19kZ.
SAN DIEGO GAS & ELECTRIC COMPANY,
a corporation .
B
E. M. Gabrielson, Manager
Land & Environmental Department
Drawn McGu i r e
Checked ,&~C&?
Date 10/11/85
A.P. No. 167-090-33
S.B.E. No. 141-37-82, Par. 5
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
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1 ! 1 ,/
1. 'i -! 1,
,*< ,+$ 'uuL~uv/ ; .. .'/:"?,'A , before me, the undersigned a Notary Public in
and &;-said State,' personally appeared E. M. Gabrielson, personally known
person who executed the within instrument as Manager, Land & Environmental Department, on behalf of San Diego Gas & Electric Company, the corporation therein named and acknowledged to me that
instrument pursuant to its by-laws or a :.; ,&7?% l"J"i:;;2 ?;%E PG,CCc! resolution or its board of directors. ;: i ,I t: , .',;-b' j.,: ..., p3\ tl?T$,;<y Y:("!C. i2L:i3Ml
WITNESS my hand and official seal.
' to me (or proved to me on the basis of satisfactory evidence) to be the
such corporation executed the within ,,.~~~~~~~~~~~~~~~?'cH~~~~76pB*' ,>i$tQ!!& :SAL
,:: ! , '.'.,, , ; . "'.. 1 .I"." pD!yscIPIIL W!CE IN s3,,t.l OhC9 ccs'h- ;; ' p~;<.?:{:~:;~c,. , ,I
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/; 'I> : ;7 Signature ( s pvy~~,, . -. ' .d.:**, + '.L '*& ,+? t JL
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated October 17, 1985
from San Diego Gas & Electric Company
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbt
California pursuant to resolution NO. 8282 , adopted
on December 3, 1985 , and the grantee consents to the
recordation thereof by its duly authorized officer.
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DATED : December 4, 1985
By : &/&A
ALETHA L. RAUTENKRANZ, CityjCl