HomeMy WebLinkAbout; KILIAN, ROBERT J. & JANE S.; 1991-0211024; Easementr. ' " -
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WHEN RECORDED MAIL TO
City of Carlsbad City Clerk
1200 Carlsbad Village Drive
Carlsbad, CA 92008
RECORDED AT REQUEST OF
UTILITIES & MAINTENANCE DEPARTmNT
NO FEE REQUIRED PER
GOVERNMENT CODE SECTION 6103
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GRANT OF EASEMENT
Parcel No. 207-180-05
The undersigned, Robert J. and Jane S. Kil'ian
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as Grantor, for a valuable consideration paid by City of Carlsbad, A Municipal Corporation, as Grantee, receipt whereof is hereby acknowledged, does hereby grant to said City of Carlsbad, its successors and assigns, an easement of right of way 15 feet in width, upon, over, under, and across the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances including but not limited to conduits and cables for communication purposes, at such locations and elevations, upon, along, over and under the hereinafter described right of way as Grantee may now or hereafter deem convenient and necessary from time to time, together with the right of ingress thereto and egress therefrom, to and along said right of way by a practical route or routes in, upon, over and across the hereinafter described lands, together with the right to clear and keep clear said right of way from buildings and structures. The lands in which said easement of right of way is hereby granted are situated in the County of San Diego, State of California, and are particularly described as follows, to wit:
See legal Description attached hereto as Exhibit "A".
All, as more particularly shown on a map attached as Exhibit "6".
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Grantor and their successors in estate shall not erect or construct, or permit to be erected or constructed, any building, structure or parallel fencing, plant any tree or trees, or drill any well or wells, within the limits of said right of way. Grantee shall have the right to erect, maintain and use gates in all of Grantor's fences which now cross or shall hereafter cross said route or routes, and trim and cut and clear away any trees and brush whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights hereby granted, the right to transfer and assign this easement in whole or in part being hereby granted to the Grantee. It is also understood and agreed by the parties hereto that the Grantor and their successors or assigns, shall not increase of decrease, or permit to be increased or decreased, the existing ground elevations of the above described right
of way, existing at the time this document is executed, without the previous written consent of the Grantee.
IN WITNESS WHEREOF, the Grantor(s) executed this form this %hay of u., , 19%.
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,before me, the u?dersigned, a Notary Public in and for
! said State, personally appeared k!&g&?- .I , - IfbIAN * -, rkNF s. KiL iwn/ U 2 u
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E personally known to me (or proved to me on the basis of satis-
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$ factory evidence) to be the person(s) whose name(s) is/are su b- g . scribed to the within instrument and acknowledged to me that
E he/she/they executed the same.
o WITNESS my h o icial seal.
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’ Signature (This area for official notarial seal) 22
. L -D. .* EXHIBIT "A"
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An easement for sewer lateral purposes only Over that portion of bt 5 of HOLLY BRAE ESTATES according to Map thereof No. 5524, in the City of Carlsbad, County of San Diego, State of California filed in the Office of the' County Recorder of San .Diego County February 2, 1965 more part-icu- larly described as follows: ' *. . ". L.
Beginning at the Southeast corner of said bt 5; thence along the Southerlg line of said bt 5, North 81°49'OQ" West, 5.82 feet; thence
North 31 19'30" West v 225 a 98 feet to the Northerly line of said Lot 5: thence along said Northerly line South 68O01' 12" East, 25.10 feet; thence South 31O19'30" East, 185.71 feet to the Easterly line of said
Lot 5; thence along said Easterly line South 07'32' 38" East 26.06 feet to the point of beginning.
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CERTIFICATIOM FOR ACCEPTANCE OF EASEfilEriT
This is to certify that the interest in real property
' conveyed by the easernerlt dated November 26, 1990
from Robert J. and Jan.e S. Kilian
to tlle City o€ Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Car.lsJmd,
California pursuant to resolution rJ0. 91-112 , adopted
011 - April 9, 1991 , and the grantee consents to tllc
recordation thereof by its duly authorized officer.
DA'l'ED: April 11, 1991
BY: -~ flLe.d& 2- "-
ALETIIA L. 1~fil'I'E:NKRANZ , Cit CJ.erJc ".." .- "".