HomeMy WebLinkAbout; City of Carlsbad; 2022-0048444: EasementThe easement in the aforesaid 'property shall be more pa1ticularly described in Parcels "A" and
"B" as follows:
PARCEL A:
That ce1tain strip of land, 5;00 feet by 20.00 feet, the approximate location shown and delineated
as "EASEMENT AREA", op. the Exhibit "A", consisting of one (1) sheet, attached hereto and made a pait
hereof.
PARCELB:
Those certain strips of land, including all of the area lying between the exterior sidelines, which
sidelines shall be three (3)feet; measured at right angles, on each exterior side of each and every utility
facility installed within said properties on or before, December 311 2022, EXCEPTING THEREFROM,
those portions lying within Parcel A.
In order to provide adequate working space for Grantee, Grantor. shall not erect, place or construct,
nor permit to be erected, placed or constructed anylmilding or other structure, park any vehicle, deposit
any materials, plant any trees and/or shrubs or change ground eJevation within eight (8) feet of the front
of the door or hinged opening of any above ground facility installed within this easement.
Upon Grantor and Grantee's mutual agreement, Grantee will (i) remove Grantee's facilities from
the Easement within a reasonable period of time, and (ii) upon Orantor' s request, furnish Grantor a good
and sufficient quitclaim of the Easement; provided, that Grantee shall have such time as is necessary to
obtain any and all agency or jurisdictional requirements and approvals necessary for such removal and
quitclaim, including but not limited to any approval from the California Public Utilities Commission as
may be required.
Grantor grants to Grantee the right to erect and maintain ori Grantor's property immediately adjacent
to this easement retaining walls and/or protective barricades as may be necessary for Grantee's purposes.
Grantor shall not erect, place or construct, nor permit to be erected, placed or construc.ted, any
building or other structure, plant any tree, drill or dfg any well, within this easement. Notwithstanding the
foregoing, Grantor retains the right to construct, reconstruct and maintain improvements that do not
interfere with the safe operation of Grantee's Facilities or cause damage to Grantee's Facilities, including,
but not limited to, fences, landscapii;ig with shallow roots ( e.g., grass) sidewalks, curbs, gutters, and street
or parking lot surfaces or other surfaces; provided that Grantdr shall not commence to instaH, construct or
grade unless and until Grantee shall first have reviewed and approved of Grantor's detailed construction
plans, whereby Grantee shall have the right to require modifications or changes to such plans as necessary,
in Grantee's opinion, to ensure safe operations of Grantee's Facilities, compliance with all Standards,
unimpeded access to Grantee's Facilities at all times and avoidance of other encumbrances upon Grantee's
rights under this Easement. The foregoing shall be subject at all times to any regulatory approvals required
at the time of review.
Grantor shall not increase or decrease the ground surface elevations within this easement after
installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not
unreasonably be withheld.
T: la11dSen•ices:No11Records:NewB11siness:
Rei•. Jan. 11, 2022 Item #7
8!0236S
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