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Home My WebLink About1983-04-19; City Council; 7350; ACCEPTING AN EASEMENT FOR PUBLIC STREET PURPOSES ACROSS RAILROAD RIGHT-OF-WAY FOR ELM AVENUE4 AB# 7.5 5-0 TITLE ACCEPTING AN EASEMENT FOR PUBLIC STREET MTG. DEPT. 4-1 9-83 PURPOSES ACROSS RAILROAD RI C-HT-OF-MY FOR ELM AVENUE ENG DEPT. CITY i CITY n 4-J 1 lYi L L I .j i ! - I ~ i j 1 i i 1 ' 1 I i ! i 1 I ! i * j ,I I I (i. i I 1 j ' .. I' I i 1 1 1 i j ! ., ! ! \ I i 1 I 231.3(2-229.3) FOR A VALUABCE CONS,IDERATION, receipt of which is hereby acknowledged, THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, hereinafter called "San. a corporation organized under the laws of the State of Delaware, hereby GRANTS to CITY OF CARLSBAD, a municipal corporation of the State of California , hereinafter called "Secc an Easement for public street purposes upon, over and across the following real property in the CITY OF CARLSBAD, County Of San Diego , State of California: __.... ~ . SEE EXHIBIT "A" ATTACHED EXCEPTISG AND RESERVXSG the riqht, to be exercised by Santa Fe, and by any others who have 0 may obtain, permission or authority from Santa Fe so to do, (ai to operate, maintain, renew and/o any and all existing railroad track or tracks, wires, pipes and other facilities of like charactc over or under the surface of the hereindbove described premises; and Ib) from timc to tlme to con operate, maintain, renew and/or relocate upon said premises additional facilities of the chardcte in Clause (a) of this paraqrauh, cons~stent with the riqhts qranted herein, without in any rnstan required to obtain the consent of Second Party the same as if this easement had not been executed TO HAVE AND TO HOLD said easement unto Second Party solely for public street purposes so lon premises hereirabove described shall be so used, subject, however, to all licenses, leases, easem restrictions, reservations, conditions, covenants, encumbrances, rights and rights of way, liens of title which may in any wise affect the sald prenlses and sub)ect, also, to the express co?diti quent that if said premises, or any portion thereof, shall cease to be used for the purposes abov then, and In that event, the easement hereby given shall, as to such partion, or portions, as the be, thereupon cease and determine and Santa Fe, its successors and assigns, shall resume possess1 the same as though this lnstrunent had not been execcted. This instrument is given without warranty of title of any kind, express or ~rnplled, and no c of warranty of title shall be implied from the use of any word or words herein contained. In case of the eviction of Second Party by anyone owning, or claiming title to or any interf premises hereinabove described, Santa Fe shall not be liable to Second Party €or any damage of an whatsoever. In Witness D'hereof, said corporation has caused its corporate name and seal to he affixed hereto an( ment to he executed hy it5 Executive Trice President and Assistan thrreunto duly authorized. THE ATCHISON, TOPEKA AND Dated: February 23rd, 1983 SANTA FE RAILWAY COMPANY STATE COUKTY OF OF ILLINOIS C K } ss. By &e&=% v 4.4t7 A- & ictan On M J 7,~ / 9 s 3- beforc mc. the under. hair. personally appeared @G:%bE6b I known aigned. a Notary Pu .-\l-C, .,..-;, .- ___ Vice President. and to me to be the-..--- c i '- .- - known to me to be nssistnnt Secretary of the Corporation that erecutcd the within Instrurnrnt. kniwr. to mr to be thp permn. whin exccutcd thc wit!tin Initrumrnt on XrhslI of Ihr Cnrporattrr thrrcin narnrd. and dnowledprd to me the1 surh Lorparation cxtruted thr within lnrtru XITNESS my hand end ofilcisl sed. By . .- J. !!/. HAYES men! pursuant to its brhr or a roolulion of iir board of dirtciorr. .m MY commission expires .J?,L:GG$ Signature f- 4 .&?/A& v. H. F)Ej;&zRS Name (Tyyrd or Printed) inb!, .ma tor omchi m.~ .rail .-. ..-. ... -~ .___ -. ... - . . . . . - 67 m e EXHIBIT "A" TO EASEMENT DEED DATED February 23rd , 1983 , FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO THE CITY OF CARLSBAD, P MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA. A PARCEL OF LAND IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF THE ATCHISON, TOPEKA AND SANTA FE RAILNAY COMPANY'S 200-FOOT WIDE PROPERTY IN THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 12 SOUTH, RANGE 5 WEST, SXN BERNARDINO MERIDIAN, DESCRIBED AS FOLLC BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF SAID 200-FOOT WII: PROPERTY WITH THE NOKTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF BLOCK 16, AS SAID BLOCK IS StiOWN ON MAP ENTITLED "MAP OF THE TOWN OF CARLSBI! FILED AS HAP NO. 535, ON MAY 2, 1888, IN THE OFFICE OF THE COUNTY RECORDER C SAID COUNTY; THENCE NORTHEASTERLY ALONG SAID PROLONGATION, 200 FEET TO A PO1 ALONG SAID NORTHEASTERLY LINE, 80 FEET TO A POINT IN THE NORTHEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF BLOCK 11 OF SAID MAP; THENCE SOUTHWESTERLY ALONG LAST SAID PROLONGATION, 200 FEET TO A POINT IN SAID SOUTHWESTERLY LINE ; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, 80 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS AN AREA OF 0.367 OF AN ACRE, MORE OR LESS. IN THE NOKTHEASTERLY LINE OF SAID 200-FOOT WIDE PROPERTY; THENCE NORTHWESTEE , W 0 . CERTIFICATION FOR ACCEPTANCE OF DEED This 5s to certify that the interest in real property conveyed by the deed or grant datedFebruary 23, 1983 - from The Atchison, Topeka and Santa Fe Ra ilway Cmy to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsba California pursuant to resolution IJo. 7190 - , adopted on April 19, 1983 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: April 20, 1983 By : ALETHA L. RAUTEgKkANZ, City Cle 4 , v 1 2 3 4 5 6 7 8 9 20 11 12 13 14 15 16 17 18 19 20 21 23, 23 24 25 26 27 28 m. dl RESOLUTION NO. 7190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT OF YSEMENT ON ELM AVENUE AND AUTHORIZING THE CITY CLERK TO RECORD THE EASEMENT ON BEHALF OF THE CITY. BE IT RESOLVED by the City Council of the City of Carlsb follows : f 1. That the grant of an easement by the Atchison, Topek Santa Fe Railway is hereby accepted by the City Council of th of Carlsbad. 2. That the City Clerk is hereby instructed to record c easement on behalf of the City of Carlsbad with the County RE and return a copy of said recorded document to the Railway. PASSED, APPROVED AND ADOPTED by the City Council of the of Carlsbad, California, at a regular meeting held on thelx of the month of Wnl , 1983, by the following vote, AYE s : Council ms Casler, Iewis, Kulchh, chick and prescotj NOES: None ABSENT: None %&4+ d e,,&?& MARY H. VSLER, Mayor ATTEST: &a ? e&&- ALETHA L. RAUTENKRANZ, Cit (SEAL)