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Home My WebLink About; BRANDAU, JAMES & PAULA; 62680; Easement.li s 4 (s,;z{G@Q B * - * FtLEJPAGE NO ._.____._ -"----a RECORDED AT REQUEST OF ["j y', ~,;c&&--!&.,/' <; \" (12"s) ..LSi..L .%.C I ..e..= ,\, ' . Api? ? 19EL/ .,"' \$ "Ir; , E'ASEIvlENT .I , (i /..-,. '* I """" " (./ ,. ,~,T..~~\RUTES PAST ........ ......- ZERlES 5 508K 1964 OFFiClAL RECORDS SA[q D~ECO COUIiTY, C..I.iFCRNIA A. S. GEAY, COU?jT'I >,iSORDER c <+' " ?. b; ,/' , .I ~, -, . c: ;.*~> f r Jnraen T" RT-~ TIT Pa?--- pzl. I hereinafter called the "Grantor", for valuable consideration, receipt d whereof is hereby acknowledged, do - her5kc.y grant to the City of Carlsbad, hereinafter called the "Grantee", the nen-exclusive easement and privilege of placing, constructing, repairing, maintaining and using a sewer pipeline and all necessary and proper underground fixtures for use in connection therewith, upon, along and under the hereinafter described easement, togeth with the right of ingress thereto and egress therefrom by a practical route or routes, over and across the Grantor's land situated in the County of San Diego, State of California, and more particularly described es follows: That portion of Lots 11 and 12, in Block "C" of Resubdivision of a por of Tracts 238 and 243 of Thum Lands, in the City of Carlsbad, County c San Diego, State of California, according to Map thereof No. 2103, fil in the Office of the County Recorder of San Diego County, lying Easter of the location and prolongation of a line described as follows: Beginning at the corner common to Lots 11 and 12, in the Northwesterlg line of said Block "C"; Thence along the Worthwesterly line of said Lot 12, South 64'511 West 16.80 feet to the beginning of the herein described line; Thence South 28"45'40" East 165.53 feet; Thence North 63"41'05" East parallel with the Southeasterly line of si Lots 11 and 12, a distance of 29.00 feet; Thence South 28'45'40" %st 188.00 feet to a point in the Southeaster] line of said Lot ; distant thereon North 63'41'05" East 12.89 feet frc the most Easterly corner of said Lot 12. Excepting therefrom the Easterly 1 acre of said Lot 11, the Westerly 1 of said Easterly 1 acre being parallel with the Westerly line of said Lot 11. Said easement in the aforesaid lands shall be 15.0 feet in width, bei~ 7.5 feet measured at right angles, on each side of the following described center line : Beginning at the most Southeasterly corner of the above described pro] Thence from said point of beginning Northwesterly along the Easterly': of said property a distance of 101.24 feet, to the true point of beg5 of the center line to be described; Thence from said true point of beginning Southwesterly in a straight : a distance of 48.07 feet, more or less, to a point on the Westerly li: of the said property, said point being Northwesterg a distance of 108 feet along said Westerly line from the Southerly line of said Lot 11. I <A" _. . ",l oc;:. -... .. . , . .. -, * 9 h2'7 -2 - Grantor also grants to Grantee the right to use as a temporary working strip during initial construction of Grantee's sewer pipeline, a strip of land 15.0 feet in width adjacent and contiguous to the northerly boundary of the above described sewer pipeline easement.; the right to use said temporary working strip ceasing and being terminated at such time as said initial construction is completed, and Grantee agrees by the acceptanc hereof that upon completion of said initial construction that it will restc the surface of Grantor's property, wherever distrubed, to the condition an( elevation at which said surface exists at the time of commencing construct: of Grantee's sewer pipeline, excepting the portion of Grantor's property permanently altered by embankment construction as hereinafter provided, an1 excepting the graded portion of the hereinbefore described temporary workil strip whereon restoration of the ground surface to its original elevation and condition may be impracticable because cf existing slope. Grantor also grants to Grantee the right to install a protecting embankment of concrete or stone to control tidal ersoion of the existing s1 line and prevent damage to the Grantee's sewer pipeline; the northerly boundary of which embankment shall not be higher than 5.0 feet above Mean Sea Level, U.S.G.S. Datum, and which embankment shall be constructed and surfaced in such manner and at such slope as not to impede Grantor's ready access to the adjacent waters of Agua Hedionda Lagoon for boating or other purposes; the location of the contour 5.0 feet above Mean Sea Level being shown on Sheet 3, Drawing $10. 133-9A of the "Agw Hedlonda Sewer Right of Map", dated November and December, 1961, and filed in the Engineering Depa ment of the City of Carlsbad; it is specifically covenanted by Grantee tha nothing contained in the hereinbefore described provision for construction by Grantee of said protecting embankment shall prevent Grantor, or their s cessors and assigns, from filling or construction upon, over and Southerly from said embankment to make use of Grantor's property lying Southerly fro said embankment, and it is further covenanted that if Grantor, or their successors and assigns, does fill or construct upon, over and Southerly from said embankment to the extent that Grantor's filling or constructior serves to protect Grantee's sewer pipeline from erosion damage, then and i that event Grantee's interest in, right to install and maintain said prote ing embankment shall cease and terminate. 1. * (I) -3 - &28 Grantor expressly reserves the right to install, and/or to grant easements to install, acToss, upon or within aaid pipeline easement, utilit: roadways, and other facilities necessary or convenient for Graritor s.nd Grantor further reserves the right to use the easement and cmbanlmcnt area any other manner not incompatible with the rights conveyed herein to Grante provided, however, that Grantor and their successors in estate shall not er or construct any building or structure of a permanent nature, or plant any tree, within the limits of the hereinbefore described sewer pipeline easeme which would interfere with reasonable and proper use of said easement by Grantee for the purposes for which it is herein granted. The easement hereby granted shall be superior to any and all othc easements granted or established, and Grantee shall be entitled hereunder disconnect and/or remove any and all other fixtures of any type whatsoever installed pursuant to any such subsequently established easements from the easement herein granted whenever it shall be reasonably necessary to do so in order for Grantee to enjoy and use' its rights herein grznted. Grzntee sustain no liability to Grantor, his successors or assigns, or the owners 1 any such subsequently granted or established easement by reason of any sue' reasonably necessary disconnection and/or removal, and shall sustain no obligation to replace or repair any such fixtures followingesuch disconnec or remova 1. The herein conveyed easement shall cease and terminate upon the non-use and abandonment of same for a period of two years; and in such eve the Grantee shall forthwith quitclaim to the Grantor, or their successors assigns, all rights herein without any charge to Grantor for such quitclai IN WITNESS WHEREOF, the Grantor execute these presents this 3,/mL day of .. ,,"7 &FdrFA. 9- La493 i g,a,,JLJ fl,-.&&" t 5 '. II, - 1;- - Rhode Island STATE OF - CCUN'TY c)F Kent SS. On January 31, 1964 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Paula S. Brandau - known to me to be the person h) whose name(=) is (amx) subscribed to the within instrument , ,,,*,;?'.i,-.".'i,.',, .,..:.. ",& .?"; &n&&Id$&edged that she : 2, _. , I J.,;ceoo" tP '?. . ' , -;".>-.,.,:-~ =% ' G : . ,.< .", 2 L) - " pi ex&c<(m 'O~~'~~~e, -- .. ~ . .. g-<s L, - -, - . . 7. -. . ,. "." . & "& L J. 5 . 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BEND=, Jr., the undersigned officer, do hereby certify that 01 lBth day of February 1964, before me personally appeared James F. BRANDAU, 561 whose home address is 58 Wildwood Trail, East Greenwich, Rhode Island, and whc hown to me to be U .So Armed Forces member on active duty, and to be the ideni person who is described in, whose name is subscribed to, and who signed and e: the foregoing instrument, and having first made known to him the contents the] he personally acknowledged to me that he signed and sealed the same, on the d bears, as his true, free, and voluntary act and deed, for uses, purposes, and considerations therein set forth. And I do further certify that I am at the 1 this certificake a commissioned officer. of the grade,. branch of swTlice, and 1 tion stated below in the active service of the United States Armed. Forces, th, statute no seal is required 03 this certificate, and sane is executed in my c as a lieutenant commander of the U.S. Navy on active duty und.er authority gr SC 936) and +,he Piiua of the Judge Advocate Gene Air Development Squadron SIX (v11 m 6r oszatio U.S. Naval Air Station, 1. FP sn Pra L. C, BENDER, Jr, Poi (Name of Officer) eent %2% j51,.5')'9/1310, LOR, U.S. Navy (AFSN, grade, and branch of service) ' %.. .I *, ,I . , ' i 'e a: (II r, r/r /I! iiL i c; .! /."i ,ia, 'i *TL, Ly -y c,, +kc ;x A;. A&$(\ (.$ a", d.'JL2 (&<T rr J" 1 ,' / ,,4,g?-f:j ,A++ - :' t < '< \' // ,. I At../ vJ$ .&.."f:. 4- L." /q <$- c ,i ,L;/f i J /; \., :c' I I'