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Home My WebLink About; CASEY, BONNIE; 41724; EasementF""+ f. *c 6 0. , \',> 'q,:-. (27-BS 1 \: '2 c,; , -i ,. 1' ,r/ . ? ~. / ,,.-/ EASEMENT /; .. #"~>, , """" .' , -< ,I . BONNIE G. CASEY, a widow, hereinafter called the "Grantor", for valuable consideration, receipt whe: is hereby acknowledged, doeshereby grant to the City of Carlsbad, herein called the "Grantee", the non-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 easements "A" and "B", together 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 descr - as follows: Lot 8, in Block 'ID" of Bella Vista, in the City of Carlsbad, County San Diego, State of California, according to Map thereof No. 2152, f in the Office of the Recorder of San Diego County. Easement A: Said easement "A" in the aforesaid lands shall be 15.0 feet in width, being 7.5 feet measwed at right angles, on each side of the following de center line: Beginning at the Southwesterly corner of said Lot 8; Thence from said point of beginning North 3'36'02" East along the We line of said lot a distance of 161.65 feet to the true point of begi of the center line to be described; Thence from said true point of beginning South 84'41'37" East a dist of 66.01 feet; Thence South 43°05t25" East a distance of 200.40 feet; Thence South 60~02'50~~ East a distance of 94.85 feet, more or less, point on the Easterly line of said Lot 8, said point being Northerly said Easterly line a distance of 26.79 feet from the Southeasterly c of said Lot. Thence South 58'47'20" East a distance of 112.79 feet; Easement B: The Easterly 5 feet of the northerly 175 feet of the Southerly 201.7 feet of said property. - -" ;>"-.,'\ -.. ' .7 4 >e e, ' , 70 -2 - Grantor also grants to Grantee the right to use as a temporary working strip during initial construction of Grantee's sever 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 acceptar hereof that upon completion of said initial construction 'chat it will rest the surface of Grantor's property, wherever distrubed, to the condition ar elevation at which said surface exists at the time of commencing construcl of Grantee's sewer pipeline, excepting the portion of Grantor's property permanently altered by embankment construction as hereinafter provided, ar: excepting the graded portion of the hereinbefore described temporary worki 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 E 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 enbanbent shall be constructed and surfaced in such manner and at such slope as not to impede Grantor's read3 access to the adjacent waters of Agua Hedionda Lagoon for boating or othez purposes; the location of the contour 5.0 feet above Mean Sea Level being shown on Sheet 3, Draving No. 133-9A of the "&IX EIedionds 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 E cessors and assigns, from filling or construction upon, over and Souther13 from said embankment to make use of Grantor's property lying Southerly frc 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 j that event GranteeIs interest in, right to install and maintain said protc ing embankment shall cease and terminate. 1 'X . le @ , -3 - Grantor expressly reserves the right to install, and/or to grant easements to install, a.cross, upon or within aaid pipeline easement, utili roadways, and other facilities necessary or convenient for GraGtor and Grantor further reserves the right to use the easement and ~r&~nl~~cnt area any other manner not incompatible with the rights conveyed herein to Grant provided, however, that Grantor and their successors in estate shall not e: or construct any building or structure of a permanent nature, or plant any tree, within the limits of the hereinbefore described sewer pipeline easern 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 manted whenever it shall be reasonably necessary to do so in order for Grantee to enjoy and use' its rtghts nerein grznted. Grzntee sustain no liability to Grantor, his successors or assigns, or the owners I any such subsequently granted or established easement by reason of any suc; reasonably necessary disconnection and/or removal, and shall sustain no obligation to replace or repair any such fixtures following such disconnec, or removal. 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 i assigns, all rights herein without any charge to Grantor for such quitclair IN FJITNESS WHEREOF, the Grantor Bonnie G. Casey. a w-jdo@xecutel these presents this 21St day of January 3 196 4 ,' '\ ; 3 I* ,e 0 -4 - 7 STATE OF C.rU;IFORMIA COUNTY OF EOS ANGELES 5s. On .Tw.rp 21, 1964 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Bonnie G. Casey known to me to be the person (s ) whose name( s ) is (are) subscribed to the wtthin instrument and acknowledged that she executed the same. &&om (Seal) ( Rotary @gnatwe Line ) L, I/;,, r,-. -:._ :-,- ;,-,- - .,_: ,.,. ,,; Lu,:",:,L .,; :: . (,,.! ;> :'-:;;!::!..,; 93, IS?,=^ ~~~TrliYlT.4TE: 08 ACGEPTA#CE ""r- mei,r; !Ll +o ce+-i+r tbxt t\e interest in real property i~*nv~'.,;a<. lyy .hdJf w dated"? %IJ f Lg '", *.- : 'L),, c .. i t , :; :-e? -: ?"ica7. corp- orat'; qE 7,nr?,!cr (~0-y. .-.. ' ?- a. ,:.>" the /ge e,sy of T?& /96+ , C..? .- ......... .. ,1 .c 2 I_ . ..... .,.. ..... ...... 2 ! <>'n-. c , :- ' .. cn;+;,fi ' . c:.:- by ox;der 0.f .i..h '3 c I . .-.ncil oz .. ., 'I. .. , - , ~ '3 ";<;,, to recoTrlat.on thereocby its d.ul;r ~,;:'~h~~.i. :;,d 5-f: ::;.FT':. ., ,~ DAT?iJD : 7-7 gq /y6 y ,. . . ,.>. ,. . CIT'I OF C.kELS"UD :, .y, ~. I. ~ BY. ...... I/ : .. ,, '\ . ;>, . ..... . :.-; city Clerk ' ...... . ' ,. '.,/!;", ,_ ., ..i,".. ' '.>:%., ._ -I . .: . . 0 0. .. S i . /+----.- \! . .. . .. .. . C+,lL4LdL 1, (Be.* 1 &-A-- (’ d G; & & && [.( -3 /*,,i“ piL,$,,;$&. c- / / &l,>f -.;d i LA, ,\. .,’ C;J.t--: i 4-22 ,A-&4> p-; /a-i 446 :?$$g Yk” FILE/PAGE NO., RECOWD AT. REQUEST OE! - .”..,..... ysLj W‘IE1Ai p9Ty,* *R 5 m2 kT,., ,.... flNbifE8 p%f.”...*.. ..-- SERItB 3 Be@& 19. A: 3: .GRAY, ,e&!$, c;.Qq!,g4 diAN Dl&# ,@@dr; $ T :- .. '. 21 tp * * 71 b '\ i .-,T..22; rirre -ac- 23 '&E ASSOCIATED ENGII San Diego IO, Califo d EdS&M€& T WAS M ' B-/J-< c/T,Y OF- C/Li,G333,4,9 -2. . .3065 Rosecrans PI A GU4 /JEQ/Oi</DA . -:.S E WER , . 72 AC 4-2467 R/G.VT- OF, h!AY PLAT' .@ 27 Drawn by .'WW Date//-&?6/& ~- Approved Dace L QL b i Jo b a&;*,!. g.$$ e .. .. 8 -1 ,. I ,?.,Y '. , . >a r" ;;,:-.> ..... , i ,' e: ! / .' i " : .... ,. . .. * /"~"~---~~ Z'' i ', f ~.., ,. p.;; .: . -. ,, -. ,. ! j ,:' t 2 ;*,' i' :J; ' / I (*, :.....- 9 c. . R d4.G-lLX I* @" pJI>,> . 6.J J Q&$41!-n.c;(. -2>C&& i"''7 f &> &))4> &L-+L&+f/ / . &<I/ y c- /t,LK 41724 FILE/PAGE NO ... RECO D A\ REQUEST 06 ........I.. Fa) . .... IYL 4 IIAIaR 5 1964 bERilGiS 9 Be& 19 4 OfFl6,A.L '. @Ra. RI:%lwblTEs PA". ."...T." t4Pl ,BIE.&Q &ddR c .LlF# A A: 8: QtN, ,tQWri$v !!d@!?CjEt! NQ