HomeMy WebLinkAboutPR 3.3.11; SAN DIEGO GAS & ELECTRIC CO.; 1991-0285931; Easement? .,
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.* . Recording Requested by
CITY c-i? C~PLSBAD 1200 Elm Ave.. j. .. , . .,
Carlsbad; CA 97nnQ
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City C:ierks OL'fLce City o.' C."
L ailsbad
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1200 Elm Avenue
Carlsbad, Ck 92008 9ud SPACE ABOVE FOR RECORDER'S USE
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMPANY
APN: 211-010-23 & 212-010-14
GRANT OF EASEMENT
SAN DIEGO GAS €X ELECTRIC COMPANY, a corporation, hereinafter called "Grantor" for valuable consideration, grants to the CITY OF CARLSBAD, a municipal corporation, hereinafter called "Grantee", an easement and right of way for sewer 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:
Those certain strips of land lying withing Lots "F" and "H" of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego; described in the Exhibit "A" attached hereto and made a part hereof and being shown and delineated on the Exhibit ItBtt attached hereto and made a part hereof.
Grantee, its successors, assigns, agents or contractors, shall be responsible for any damage to Grantor's existing facilities occasioned by or arising from the con- struction, 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 appurtenances shall be done in a workmanlike xanner and in accordance with standard engineering practices.
Grantor reserves unto itself, its successors and assigns, the right to use th subsurface, surface and airspace 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. Such rights shall not be exercised by Grantor, its successors or assigns in such a manner as to be unreasonably incompatible with Grantee's installation. However Grantee agrees that in the event said sewer facilities interfere with the use, repair or improvement of Grantor's property, Grantee shall relocate said sewer facilities to a reasonable locations(s) designated by Grantor. Grantee shall pay the cost of such relocation and Grantor agrees to furnish Grantee with easement(s) for the sewer facilitie in such new locations.
Grantee shall at all times indemnify and save harmless Grantor against and pa in full any and all loss, damage or expense that Grantor may sustain, incur or 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, including any such loss, damage or expense arising out of the (a) loss or damage to property, and (b) injury to ox death of persons, including the defense of any action arising therefrom.
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 granted. @g C:r<i -$y
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Grantor, its successors and assigns, shall not be required to bear any portio1 of the cost of construction, maintenance, alteration, repair, replacement, relocation or removal of Grantee's facilities installed within the easement herein granted.
The terms, covenants and conditions of this easement and right of way shall bc binding upon and inure to the benefit of Grantor, its successors and assigns, and Grantee or in any other or altered form it may assume.
IN WITNESS WHEREOF, the said San Diego Gas & Electric Company has caused this Instrument to be executed its corporate name b its officer thereunto duly authorized this 3_ p day of f2.z 7 , 19 40. J
SAN DIEGO GAS & ELECTRIC COMPANY, ac
BY
Land Services Department
Drawn McGuire Checked
Sketch Date 2-28-90 S.B.E. NO 141-37-73F, PC1.7 A.P. NO. 212-010-14 211-010-23
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ss
~ before me, the undersigned, a Notary Public
said Stat;, personally appeared Steven D. Davis, personally known to me (G ~7- 52:CiS -y -) to
be the person who executed the within instrument as Manager, Land
Services Department, on behalf of San Diego Gas & Electric company,
the corporation therein named, and acknowledged to me that such corDoration executed the within instrument pursuant to its by-laws or - a resolution of its Board of Directors.
WITNESS my hand and official seal.
Signatur
NOTARY PUBLIC. CALIFORNU
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.* 0 858
rq@ ' 1959 Pahar Oaks \"lay NcK ENGINEENNG COMPANY
!rJ Suite 200 &grd Carlsbad, CA 92009
(619)431-8200
Legal Description - I TC Ref. I
J-10317-A P.R. 3.3.11
PROPOSED SEWER EASEMENT AND ACCESS ROAD
(REVISED May 15, 1990)
By: JLW/dcr
CO.
Order No.
Date
Dew.
Rev. By
Date: May 15, 1990 u
Page 1 of 5
"EXHIBIT A"
A sewer and access easement being in the City of Carlsbad, County of San Diego, State of California, and being a portion of Lots F
and H per Map No. 823, filed in the Office of the County Recorder
in said County, more particularly described as follows:
Parcel A
A strip of land being 25.00 foot wide, lying 12.50 feet on each side measured at right angles and parallel with the following
described centerline.
Commencing at the Northwest corner of the land surveyed and shown
on Record of Survey 7938, filed in the Office of the County
Recorder in said County; thence along the Westerly boundary line
of said Record of Survey South 7°2013611 West (South 6°4715111 West
per record) 801.33 feet to the TRUE POINT OF BEGINNING, said point
being on the arc of a non-tangent 300.00 foot radius curve concave
Northeasterly to which a radial line bears South 59"5015911 West;
thence leaving said boundary line and Northwesterly along the arc of said curve through a central angle of 1" 18 11711, a distance of
6.83 feet; thence tangent to said curve North 28"5014411 West 105.05
feet to the beginning of a tangent 300.00 foot radius curve concave
Southwesterly; thence Northwesterly along the arc of said curve
through a central angle of 15°1411611, a distance of 80.66 feet:
thence tangent to said curve North 44 O 1510011 West 355.41 feet:
thence North 61°0010011 West 266.30 feet to a point herein described as Point IA-1 I, said Point also being the beginning of a tangent
155.00 foot radius curve concave Southwesterly: thence
Northwesterly along the arc of said curve through a central angle
of 5°3010011, a distance of 14.88 feet; thence tangent to said curve
North 66"3010011 West 140.50 feet to the beginning of a tangent
155.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 20°3015311
RE103 4189
.* .. 0 859 a
* mC-r 1959PalomarOaks LVa'ay NCK ENGINEEMNG COMPANY
Suite 200 kwd Carlsbad, CA 92009
~ ~~~ (619) 431-8200
Legal Description
r"7 TC Ref.
J-10317-A P.R. 3.3.11
PROPOSED SEWER EASEMENT AND ACCESS ROAD
(REVISED May 15, 1990)
By: JLW/dcr
CO.
Order No.
Date
Descr. 1 Rev. By I
Date: May 15, 1990 u
Page 2 of 5
IIEXHIBIT At@
a distance of 55.50 feet; thence South 72°0010011 West 145.93 feet to the beginning of a tangent 305.00 foot radius curve concave
Southeasterly; thence Southwesterly along the arc of said curve
through a central angle of 14"30'0011, a distance of 77.19 feet; thence tangent to said curve South 57"3O1OOf1 West 203.12 feet to
the beginning of a tangent 295.00 foot radius curve concave Northwesterly: thence Southwesterly along the arc of said curve
through a central angle of 41"5712411, a distance of 216.02 feet to a point of reverse curvature of a 155.00 foot radius curve concave
Southerly: thence Westerly along the arc of said curve through a
central angle of 22"27'24", a distance of 60.75 feet; thence
tangent to said curve South 77°0010011 West 77.42 feet to the
beginning of a tangent 145.00 foot radius curve concave Northerly: thence Westerly along the arc of said curve through a central angle
of 21°2213411, a distance of 54.10 feet to a point of reverse
curvature of a 155.00 foot radius curve concave Southerly; thence
Westerly along the arc of said curve through a central angle of
24"17'42", a distance of 65.72 feet: thence tangent to said curve
South 74' 04 15211 West 121.50 feet to the beginning of a tangent
295.00 foot radius curve concave Northerly; thence Westerly along
the arc of said curve through a central angle of 14" 311001f, a
distance of 74.74 feet; thence tangent to said curve South
88"35'52" West 215.00 feet to a point herein described as point 'A-
2'; thence continuing South 88"35'5211 West 224.34 feet to the
beginning of a tangent 145.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve through a central angle of 33"0710611, a distance of 83.81 feet to a point of reverse curvature of a 155.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve through a central angle of 51"0910611, a distance of 138.38 feet; thence tangent to said curve South 70°3315211 West 406.72 feet to the beginning of a tangent 155. OC foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve
RE103 4/89
.% .- - 0 860 a
. .riw. r, r "1 I &I; Suite 200 hmrd Carlsbad, CA 92009
1959 Palomar Oaks ['day N("K f$JGIME?JNG COMPANY
(619)431-8200
i"--i
Legal Description
TC Ref.
J-10317-A P.R.3.3.11
PROPOSED SEWER EASEMENT AND ACCESS ROAD
(REVISED May 15, 1990)
By: JLW/dcr
Date: May 15, 1990
co.
Order No.
Date
Descr.
Rev. By
J
Page 3 of 5
"EXHIBIT A"
through a central angle of 34"18 15211, a distance of 92.83 feet;
thence tangent to said curve South 36"1510011 West 224.01 feet to the beginning of a tangent 145.00 foot radius curve concave Northwesterly; thence Southwesterly along the arc of said curve
through a central angle of 62°1510011, a distance of 157.54 feet;
thence tangent to said curve North 81"3010011 West 365.82 feet to
the beginning of a tangent 155.00 foot radius curve concave
Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 54 03010011, a distance of 147.44 feet;
thence tangent to said curve South 44 oOOIOO1l West 26.77 feet to the
beginning of a tangent 145.00 foot radius curve concave
Northwesterly; thence Southwesterly along the arc of said curve
through a central angle of 27 O 10122'!, a distance of 68.77 feet;
thence tangent to said curve South 71"1012211 West 605.51 feet to
the beginning of a tangent 155.00 foot radius curve concave
Southeasterly; thence Southwesterly along the arc of said curve
through a central angle of 11°401221t, a distance of 31.58 feet; thence tangent to said curve South 59"301001t West 329.38 feet to POINT OF TERMINATION, said point being on the Northerly right-of-
way line of Cannon road as described per Document No. 88-346329,
recorded July 18, 1988.
TOGETHER WITH a temporary construction easement, being 75.00 foot
wide, lying 37.50 feet on each side, measured at right angles and
parallel with the centerline of the herein described Parcel A.
The right to use said temporary construction easement shall cease
and terminate upon acceptance of improvements by the City of
Carlsbad as shown on City of Carlsbad drawing 294-1s.
RE103 4189
.~ m 86 1 e mE*,jZI. r r'ql 1959 Palomar Oaks \Vay N("K ENGINEEMNG COMPANY B&, Suite200 hml Carlsbad. CA 92009
(619)431-8200
Legal Description
I TC Ref.
J-10317-A P.R. 3.3.11
PROPOSED SEWER EASEMENT AND ACCESS ROAD
(REVISED May 15, 1990)
By: JLW/dcr
Date: May 15, 1990
I co. I
Order No.
Date 1 Descr.
Rev. By
Page 4 of 5
"EXHIBIT A"
The sidelines of said easements shall be lengthened or shortened
to begin on said Westerly boundary line and shall terminate on said Northerly right-of-way line.
Said parcel of land contains 3.010 gross acres, more or less.
Parcel B
Beginning at the above described Point 'A-1' thence South 29"0010011 West 105.00; thence South 61"0010011 East 120.00 feet; thence North
29°0010011 East 105.00 feet to a point on herein described centerline; thence along said centerline North 61"OO'OO" West
120.00 to the POINT OF BEGINNING.
Said parcel of land contains 0.289 gross acres, more or less.
Parcel C
A strip of land being 25.00 foot wide, lying 12.50 feet on each
side measured at right angles and parallel with the following described centerline.
BEGINNING at the above described Point 'A-2', said point being on the arc of a 265.00 foot radius curve concave Northeasterly; a radial line to said point bears South 18°21t2811 West; thence
Northwesterly along the arc of said curve through a central angle
of 31°3813211, a distance of 146.35 feet; thence North 40°0010011
West 120.41 feet to the beginning of a tangent 175.00 foot radius
curve concave Southwesterly; thence Northwesterly along the arc of
said curve through a central angle of 29"OO10O1', distance of 88.58
feet; thence North 69°0010011 West 163.16 feet to the beginning of
a tangent 125.00 foot radius curve concaved Southerly; thence
Westerly along the arc of said curve through a central angle of
RE103 4/89
.% * e 862 .. e
'w6rm yflr Gl L 1959 Palomar Oaks ivay N("K ENGINEE~NG COMpW
#@@rc Carlsbad, CA 92009
,fj& Suite 200
(619)431-8200
Legal Description
r-" rc Ref.
J-10317-A P.R.3.3.11
PROPOSED SEWER EASEMENT AND ACCESS ROAD (REVISED May 15, 1990)
By: JLW/dcr
Date: May 15, 1990
co.
Order No.
Date
Descr.
Rev. By
I I
Page 5 of 5
IIEXHIBIT A"
40"OO10Ot1, a distance 87.27 feet; thence South 71°00r0011 West 54.18
feet to the beginning of a tangent 75.00 foot radius curve concave
Southeasterly, thence Southerly along the arc of said curve through
a central angle of 72"301001t, a distance of 94.90 feet; thence
South 1"3010011 East 164.52 feet to the beginning of a tangent
170.00 foot radius curve concave Westerly; thence Southerly along
the arc of said curve through a central angle of 20" 55'22", a
distance of 62.08 feet to the POINT OF TERMINUS, said point being
on the herein described centerline of Parcel llA1l.
The sidelines of said easement shall be lengthened or shortened to begin and terminate on the herein described centerline of Parcel
A.
Said parcel of land contains 0.537 gross acres, more or less.
RE103 4/89
-~,TSMW~ EXHIBIT I' B 'I
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SEWER EASEMENT AND ACCESS
?OAD
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POR. PARCEL 7
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RICK PNOINIRFPINQ COMPA PLAT TO ILLUSTRATE PROPOSED CIVIL ENQINEERS.SURVEYOFIBI.PLAN~
SEWER EASEMENT AND ACCESS 1 95B PALONIAR OAKS WAY, SUITE aOq -EA4 CA
ROAD EXHIBIT il R II , PROJECT NUMBER PR 3.3. I I
CPA, c I"= Inn' I _n__ 1% A-Ra
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. . * " CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real
property conveyed by the grant deed or easement, dated August 28, 1990 , from
to the City of Carlsbad, California, a political
corporation and/or governmental agency, is hereby
accepted by the undersigned officer or agent on
behalf of the City of Carlsbad, California,
pursuant to authority conferred by Resolution No.
91-71 of the City of Carlsbad, adopted on March 5,
1991, and the grantee consents to the recordation
thereof by its duly authorized officer.
Sari Diego Gas €X Electric CO.
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DATED: May 31, 1991
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