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Home My WebLink About; LUEDERS, EUGENE & IMOGENE; 41711; Easement'I .> - *& . 'I '@. e ' .. 'i ,, ,. .. I.. I. ,. , . !, ..,I (11-ms) !.\, . ~ ;./ ,^ / E'ASEMENT j """" 1 .-.. I -/: .r ,' Eugene W. Lneders and Imogene Lueders hereinafter called the "Grantor", for valuable consideration, receipt whereof is hereby acknowledged, do herkty grant to the City of Carlsbad hereinafter called the "Grantee", the noa-exclusive easen;ent and privilege of placing, constructing, repairing, maintaining and using a sewer pipelis: 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 therefroE by a practical rout or routes, over and across the Grantor's Land situated in the County of Sa Diego, State of California, 2nd more particularly described 8s follows: - That portion of Lots 11 and 12, in Block "C" of a Resubdivision of a portion of Tracts 238 and 243 of the Thm Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2103, filed in the Office of the County Recorder of San Diego County, described as follows: Beginning at the corner common to Lots 11 and 12, in the Northwester line of said Block "C"; Thence along the Northwesterly line of said Lot 12, South 64'51' Wes 16.80 feet; Thence South 28'45'40" &st 165.53 feet to the true point of beginn Thence South 63"41105" West parallel with the Southeasterly line of said Lots 11 and 12, a distance of 29.00 feet; Thence South 28"45'40" East 188.00 feet to a point in the said South easterly line; Thence along the Southeasterly line of said Lots 11 and 12, North 63 Fast 58.00 feet; Thence North 28"45'40" West 188.00 feet; Thence South 63"41f05" West parallel with the said Southeasterly lin said Lots 11 and 12, a distance of 29.00 feet to the true point of beginning. 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 Southwesterly corner of the above described pr Thence from said point of beginning Northwesterly along the Westerly line of said property a distance of 1.1835 feet to the true point of ning of the center line to be described; Thence from said true point of beginning Northeasterly in a straight a distance of 59.18 feet, more or less, to a point in the East line 1 said property, said point being Northwesterly a distance of 108.99 fc along said Easterly line from the Southeasterly corner of said prope: 83 .C I '* e e, ' -t , &$[ -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 acceptant 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, an[ excepting the graded portion of the hereinbefore described temporary workil strip whereon restoration of the ground surface to its original elevation and condition m~ 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 s 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 Shce t 3, Drawing No. 133-9A of the "Agw Rediondc? Sewer Right of Map", dated November and December, 1961, and filed in the Engineering %pa: 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 fror said embankment, and it is further covenanted that if Grantor, or their ~uccessors and assigns, does fill or construct upon, over and Southerly from said embankment to the extent that Grantor f s filliGg 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 protei ing embankment shall cease and terminate, , .u.l '0 0. ' 5% E -3 - Grantor expressly reserves the right to install, and/or to grant easements to install, across, upon or within aaid pipeline easement, utilit roadways, and other facilities necessary or convenient for Gractor and Grantor further reserves the right to use the easement and cmbanlm-cnt area any other manner not incompatible with the rights conveyed herein to Grante provided, however, that Grantor and their successors in estate shall not ex or construct any building or structure of a permanent nature, or plant any tree, within the limits of the hereinbefore described sewer pipeline easeme whtch 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 othe 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 granted. Grantee s sustain no liability to Grantor, his successors or assignsj 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 remova I. 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 ever the Grantee shall forthwith quitclaim to the Grantor, or their successors a assigns, all rights herein without any charge to Grantor for such quitclaim IN MITNESS WHEREOF, the Grantors executed 1.2- these presents this /i day of F2"/,/70/3Pi/ 7 196 fi ' .~ ,-. -/ /; /' ,4;J.:d : >4/u~~L<*2k- 1' /+::,"?./ f -; r. I\,." ., >* /- L. .. . .L :es 3 -,c/kCc , - xj/&.2 :' r dLA . J .I * 0 -14 - ST.P-TE OF C.GIFORNIA COUNTY OF 5;Ar~ Di& 4 D 0 ss. %".$l. && .-.. -.-5fLL$"l?lL + bclvre me, the undersigned, a Notary Public in and for said County and State, personally appeared .!5b&Ed f VU! /. ole Jc i-~ - ~ ~~ known to me to be the person (s ) whose name (s ) I is (are) subscribed to the within instrument -.- . .. 0 grid 'acknowledged that xH , ... I. _, .-,, . ,. . : - I .: , . .'...... ." . ', . ..x .. 1 I 'l,:, , Y ~ ". ., ' '\\\. ,_ " ". L j. x v?--+ r 67!.:-,e p:n+ ~,,~,,,~ "'~>,,;,,;,,\~~~ii' I;/ c:i.:::i:;j:; expi*?; jci?.:Li7 23, iQig ..I.. ., %,<... ... ,,,., 110, , ...._. ;! rL>,:* l4 .1 I """ " "__ ~." CEXTIFICATZ OF ACCEPTANCE , i I r' This is, to certify that S;bc in+Yerea%'-iri.-re'a-l' p date3 .%k.-R.r 1 t co~~e:Jed by l&-" F .E zM;&.N.e $ELZe; -4 ,::- . i . " ,. *'..[, . .. .. , . ,. , '+* the C~-J !>f "n-t-1 :,<.A. ._ I.. b: b+y, ,z sr?a.i.t# oratj-.zn znT7 /or g~;-~7pr--t,.i: ,'g-!-q~,J ~,,y;.n:l,,-:~-~' ,.i='~;'",hc..~-.,T!f-., by oy<.er c,~ -?!I:: c i.? y ;,-;o;mcil of -:,'.>*<: ..P . :?''<.:vy;ir ,;;::; < .+. . ._ , the /'gW d.a;r ,~+b~~rz~, /Fli.Y , a?..T :'.::? gyyn,':-.. to recordation thereoL by its duly ~~kf~'~.harLZ~$:~~ b. . .. II ,, ,.. .. : DATED; &hLdW& 2-6 f 7s v- ,!I " ., 1' u CITY OF CARLSBAD BY rnyd2f 1 P4 C" P1"lr e b 6 - .- ,' .- '\ . -7. c. .' A " >. .&p&~ FllEjPAGE N~.,.""-UI---..- RECQRDED'AT REQUEsr OE ."& Lej 1: $MA; 5 1964 &r..2.~~~2LL\~\N!=iE3 PA$Y~~z~~~~. ....- &ERiE$ 8 @@OK 19 '4 @FfIEi,WL>k%RDS a j %AN big@ 6PuflfY. r Ll~gdNlA A: $: @RAf, eamii' i?GhRQER 0 FEE a 0 STATE OF C:!,.LIFORi'TI~? COUNTY OF S./@ 2 /&.- Q c; ss. - On / 2-';5'/ / ; L.An/l / 9 , / 4 d g' before me, the mdersigned, a Notary Public in and for said Co-mty and State, personally appeared f' 1'4 L' GEM 6 L, @,:-Dk-RX known to me to be the person (s) whose nnme(s) ,. t,.,.., " '. . :; \; k 1 :. 1 5:. .,(we) subscribed to the within instrument C" 2 ... . '4 .,>;. ; +, .apd%$knowledged that . .- .<, - t ? _I" . .. "&., . ,:. A -.. P 1. exec@&d the same. "._ . . , " I_ ,. . I . ii. li ,, , .D I .. [$$& j ., 6 ;, :,T_ \.-~ ' ,- v .' . *'.Ti ,\. ,fl/fG>-; $J fl a&U NU Commmm Expires NOV. 26, 1.9-62 VI.kGil.GIA L. IVEV'fTQN (No.tar,f Signatme Line) 41711 FlLElPAGE NO ...."-- REC .DED AT REQUEST OE .-. b-f) * = . (,,(I $$R 5 1964 A!:.: ,,AINW€§ PASY~~z~z2~-. __.__ S~l4lEl 5 kiBOg 19 .4 . LIAN ei@a @eUNT$ c- Ll~OdfliA A; i: $RAY, ~BUHTY it&QRdL# .- efi%l#~ WkCORDS 7 ..", %a0 FEE I,. I .. L.1 * ,* . .. _. * 0. 0 6, .. I ______ E:! 5.s " ,,7z g ?-;.)':. F <5c.7 2.3, 6 3 ZELPCATED EASE~ENT 6-i: ~~~ a CiTY OF- '. CARLSBAC) Drawn by T'WJp/ Dace/,'-&%-: SC R/G/q T .o;c h!A y :qJq T . (p\i'G / ; 3065 Rosecrans PI A Gb'A AFDl3,WDA , S E WER San Diego' 10, Califo; AC 4-2467 Approved - DareD,,+- L\ JO by,& G. &. ; "i 1'