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Home My WebLink About; LOTT, MARGUERITE C.; 41721; Easement.pl " I' -, 0 *?-. ,I . , ,. . ,, i. -_I , (23-AHS 1 i 2' -1 E-ASEMENT , ,.. 3 """" ., ,q , : /_, 1, GC .. .. I, Marmerite C. T,ott hereinafter called the "Grantor", for valuable consideration, receipt whereof is hereby acknowledged, do her6k'c.y grant to the City of Carlsbad hereinafter called the "Grantee", the nu=-exclusive easement and privilege of placing, constructing, repairing, maintaining and using a sewer pipelin and all necessary and proper underground fixtures for use in connection therewith, upon, along and under the hereinafter described easement, toget. with the right of ingress thereto and egress therefrom by a practical rout. or routes, over and across the Grantor's land situated in the County of Sal Diego, State of California, and more particularly described as follows: - The Easterly 75 feet of the Vesterly 150 feet of the Easterly 225 feet of Lot 6, in Block "Dl' of BelLa Vista, in the County of San Diego, Sta of California, according to Map thereof No. 2152, filed in the Office the County Recorder of San Diego County; the side lines of said proper being parallel with the Easterly line of said Lot 6, said Easterly 225 feet being measured at right angles from the Easterly line of said Lot 6, and said 150 feet and 75 feet being measured at right angles from t' Westerly line of said Easterly 225 feet. Said easement in the aforesaid lands shall be 15.0 feet in width, beil 7.5 feet measured at right angles, on each side of the following described . center line: .. Beginning at the Southwesterly corner of the above described property; Thence from said point of beginning Northerly along the Westerly line I said property a distance of 69.18 feet to the true point of beginning I the center line to be described; Thence from said true point of beginning Easterly in a straight line a distance of 75.04 feet, more or less, to a point on the Easterly line ( said property, said point being Northerly along said Easterly line a distance of 85.81 feet from the Southeasterly corner of said property, ,1". ., , .. . BE ..", . ." 1 .( - *> a' ,(). 1 -2- G! 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 acceptanc hereof that upon completion of said inikial construction that it will rest( 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, ani excepting the graded portion of the hereinbefore described temporary workir strip whereon restoration of the ground surface to its original elevation and condition my be impracticable 'because of 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 SI line and prevent damage to the Grantee's sewer pipeline; the northerly boundary of which embanlanent 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 iqo. 133-9A of the "Agw EIediondo Sewer Right of Map", dated November and December, 1961, and filed in the Ehgineering Depa~ ment of the City of Carfsbad; it is specifically covenanted by Grantee thai 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 fro1 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 construction 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. z , ’ , *>‘ e ‘9 * c; ::;E A -3 - Grantor expressly reserves the right to install, and/or to grant easements to install, across, upon or within aaid pipeline easement, utili1 roadways, and other facilities necessary or convenient for Gractor and Grantor further reserves the right to use the easement and cmbonhcnt area any other manner not incompatible with the rights conveyed herein to Grant1 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 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 otht 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 r‘ights herein Ganted. Grzntee ; sustain no liability to Grantor, his successors or assignsg or the owners c any such subsequently granted or established easement by reason of any suck reasonably necessary disconnection and/or removal, and shall sustain no obligation to replace or repair any such fixtures following such disconnect or r emova 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 eve1 the Grantee shall forthwith quitclaim to the Grantor, or their successors 2 assigns, all rights herein without any charge to Grantor for such quitclair IN WITNESS WHEREOF, the Grantor execute( these presents this ,/y & dnyp,~&,~~~,,” > 196& .;- t..q / y /y7&,4& il I /Pih i- z FAX 3 '( ', * ?." e e -4- STATE OF CALIFORNIA COUNTY OF SS. 69: On LI7&&/ //7 k - ,/ 9 /E- ..,* / betP9r'e' me, the undersigned, a Notary Public in '7 -- , and for said County and State, personally appeared Hy ,/2; +4 ;P' . <,; ~ i i .. gL.& ."-- 9 , ,7 ~- .I ,' .i' b.,' known to me to be the person (s ) whose name( s ) is (are) subscribed to the within instrument and acknowledged that .AX &/i executed the same, !a. (seal) - /&/J/ 7 2- fi/' y35&-L. ,<"... otary 'Signature LinZl BE?! W, HILTGN h<y Commission Expires March 28, 1865 :~.-. ". >,...,&L.&d,". :_., n r ..- .:: ....- -- *. . . . .' . 2,' ,,,,q\ r,-:-.-: 'Q; r'-:*--*: , .,. , & _j_ 4 ,~. . , -1'. . . 1; < .___ r.- __ li' i ,. _.I. ;:d: t;4 .: ' #;..'~. .,._ ..._ ,.J:>2: ( ! '; :; ,.,, ~ ._,.,_ ^,_ .. -..-. . , , ., ,. F ,, . _I .I .2 ',> 'j ," .."_".__" ""." -----.-- -, <!i .:,,. . . , .,~ ;y-,',,;'; ~!'~~~,'~.~;'~:~.~,;~~::,'~ :c .~ .. .. F:;i: 'c.'",,; r.--.-.- ? ::. , ,/I r ., . I .r F PP I ,. -*-, 1: A ___ __"._. _-.---~~"----- .., " ,.. ".".. _., CEXTIFJChTE 07 .ACCEP'i:.Ft$y!~ ---""--""" ...- This IS to cer-i;ify that +he interest in real_ prop ':~~:.iy~eri by ,&&L++& $% &&& dated yt /7) /FLY , y+on M,+~~~&P/TW e. L ora-" cz 7.q -! ".': fyovn:::lT.T-nta: aGc1nc-r i fs bz7.?$!>, a,r.s by nre.9;. <> c : t. CL.;.;. C;uilncil of tke ci.tg o?~ e..,r-,s' the /f+ r'a:: x? 7-7 / /?64C , and .tl;e grantee c, , *D 'he C.~."J ~f C:..,*',.sbaa, 3. pnlit-ca to recordation thereof by its duly authorieqd, ofp DPEED: Tbyf 28 176 9, CITY OF CARLSBAD BE : e/: ' I , . I ~. ' . 4 .:I .. *' ::q.,;.* . , . I_ ",. .. - .. . ' "_ L/ . *.(...,. (r . c, . *-\ L .x ;:> * 0' .. '.<- -. 2") I :! \. ,<LA; h7;p?2 -- - fM/PAGE NO.". RECeRDEO T RE F;ST 06 LWI u;. .) ".'.+. . - !:I!\ii 5 1964 7 q-. .. AI.....,..:. INUTEd F?&$$: ..__.____ ___. SERIgg 5 i&3@K 19 4 hY DIEGO CBtiNM, t .I-1FQRNIA ~C'ilOlAL RCQOfidS A: 2; &y/, C9!j?IT( !:e3gWQffi F 1 e 0 , .. . .. .. T us+.+ .. ybLQ/eQ ", 82J /. :. .. . 41'72% FILEIPAGE NO.,.. RECBRDED T RE E TOE "."4 f&\ MAR 5 1964 7 SERll3 d BO@K 19 4 OFilElAL flE60Rd9 BAN DIE60 BBliNiY, C. .LlF61WNIA A: L; CLAY, CSUPiN i2&i.30WBfR AI ..... ,..1. lNUTE5 PAST; ...._.._. .". V-2-q -- .NO A* ' ,':.< * .' db 0 t;c c