The URL can be used to link to this page

Home My WebLink About; OCEANSIDE-CARLSBAD SPORTSMANS CLUB; 62681; Easement.- ., * .* @ I .' '. ' *. .. R FIlElPAGE NO ._.___.__. ...__L--.-..- RECORDED AT REQUEST OF ~","~"-.,~.=~~~...~,~~ 0 '& -,/ b',,, /I_p / L*-z+< ( ./ApR .t 7 IC>"/ c ki.97 MINUTES PAST Jb .._____. t ....-... ./ Z-RIE.5 5 BOOK 1964 E'AS EMENT """" ( ~~-AHs-R) 8 Y( 3.. , . , .. f i F.: @< ., 1. i 1. - OFFICIAL R5CORCS A. S. Gfik'l, COURTY ;..-:'ORDER <! SAN D!EGO COUNTY, C<~!-IFORN!A Oceanside-Carlsbad Sportsmans Club tL hereinafter called the "Grantor", for valuable consideration, receipt !> & whereof is hereby acknowledged, dohera-cy grant to the City of Carlsbad, hereinafter called the "Grantee", the ncn-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, togetl. with the right of ingress thereto and e@ess therefron by a practical route or routes, over and across the Grantor's land situated in the County of Sar Diego., State of California,, and more particularly described as follows: All that portion of Lot 2, in Block I'D" of Bella Vista, according to Ma: thereof No, 2152, filed in the Office of the County Recorder of San Die, County, described as follows: Beginning at a point on the Eorthwesterly line of said Lot 2, distant thereon South 26O11' West 99.53 feet from the most Northerly corner of said Lo*; Thence South 26O11' West along said Northwesterly line 180 feet to the most Westerly corner of said Lot; Thence South 34'15' East along the Southwesterly line of said Lot a distance of l'jO.OQ feet, more or less, to a point which is distant the1 North 34'15' West 42.61 feet from the most Southerly corner of said Lot Thence North 26011' East parallel with the Northwesterly line of said Lot 2, a distance of 245.00 feet, more or less, to an intersection wit1 a line bearing South 63"491 East from the point of beginning; Thence Rorth 63'491 West 140.00 feet, more or less, to the point of beginning. Said easement in the aforsaid lands shall be 15.0 feet in width, being 7.5 feet measured at right angles, on each side of ' thb following descrf center line : I Beginning at the most Westerly corner of said Lot 2; Thence from said point of beginning Northeasterly along the Westerly 1: of said Lot 2, a distance of 104.78 feet to the true point of beginniq of the center line to be described; Thence from said true point of beginning Southeasterly in a straight 1: a distance of 137.70 feet, more or less, to the point on the Easterly ' of the above described property, said point being Wtheasterly along said Easterly line a distance of 134.90 feet from the most Southerly corner of said property. ** '9 "- ~.. .' . b (I & 3: -2 .. Grantor also grants to Grantee the right to use as a tempox-ary working strip during initial construction of Grantee's sever pipeline, a strip of land 15.0 feet in width adjacent and contiguo:?.s 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 conpletion of said Fnitial constrwtion 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, an1 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 s line and prevent damage to the Grantee's sewer pipeline; the northerly boundary of which embanbent 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 read3 access to the adjacent waters of Agua Hedionda Lagoon for boating or othe3 purposes; the location of the contour 5.0 feet above Mean Sea Level being shown on Sheet 3, Wmring Eo. 133-9A of the "&LE Hediondc? Sewer Right of Map", dated November and Decezber, 1961, and filed in the Engineering Dep ment of the City of Carlsbad; it is specifically covenanted by Grantee th nothtng contained in the hereinbefore described provision for constructio by Grantee of said protecting embankment shall prevent Grantor, or their cessors and assigns, from fill2ng or construction upon, over and Souther1 from said embankment to make use of Grantor's property lying Southerly fr 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 constructic serves to protect GranteeIs sewer pipeline from erosion daroage, then and that event Grantee's interest in, right to install and maintain saia pro- ing embankment shall cease and terminate. ” .- . e I, I) e -3 - k;3; Grantor expressly reserves the right to install, and/or to grant easeaents to install, across, upon or within aaid pipeline easement, utilit roadways, and other facilities -necessary or convevient for Grantor 2nd Grantor further reserves the right to sse the easement and cr,?banlkrxnt area any ocher =nner not incompatible with the rlghts conveyea herein to Grante provided, however, that Grantor and their silccessors in estate shall not CY or construct any building or structure of a permanent natme, or plant any tree, within. the limits of the hereinbefore described sewer pipeline easeme which 17ould interfere with reasonable and proper use of said easement by Grantee for the purposes for which it is hereir, gxanted. The easement hereby granted shall be superior to any and all otht easements granted or established, 2nd Grantee shall be entitled hereunder disconnect and/or remove any and a11 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-ita r:ghts herein gcented. Grentee sustain no liability to Grantor, his su.ccessors or assigns, or the owners 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 rexoval. The herein conveyed easement shall cease and terminate upon the non-use and abandonment of same for a period of ttro 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 quitclaj IN WITNESS WHEREOF, the Grantor execute these presents this .. , r* * 0 * s ’Q 0 -4- pi ,$tJ :@ .j; STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ) ss. On February 27, 1964,, before me, the undersigned, a Notary Public in an for said County and State., personally appeared Floyd R. Newman and Lou Gene Newman, known to me to be the persons whose names are subscribed to the wit1 instrument, and they acknowledged that they had executed the same in the folloq manner : Floyd R. Newman as Presideni of the Oceanside-Carlsbad Sportsmans, (211 and Lou Gene Newman as Secretary of the e* '. (I) 1 ,.. , .. I... , c.") /4!/ ,/; "* i p ,/l -,-~ ) qy /i' ;I' r , ,i i ['C CL i i. c < /A:+ .-( ' e LZYL, .r,,.c .L .-;, L'Lf ,.,,, , L-"-- i' .,I /A,-F. H .: c. L! i'' ,/ . . 1 k LL? (" / .,. I : I ,A "i &. ?// \i d .~ >' ,1 / . /' ,? 1 ,;6-/ c/ s ;L ?-(I _'. L >/' /- ,,/ 'y ,L<,.,&- ,b L c.- /""? - ; L,<fi I. % i\ / /.' +::? I ,.e7 I ,,' c J'JT /' , i (:/<:,4.# LC" i/ ., / r i- ' ~..,~,~~,~~~,~~;,--~~ -='/t ., 1 i 1 \: ** ..' A, .- * *. '* M - -\ - " 2, i iLh5 /cz ;:- FE.43.7 BS.. . 7.t :,-LE - C .:- ? 3. *6 3 - E.<; -.'I/ ~f/:r :,. 20' ,? . ASSOC:.. . 5D E;"" C/TY OF Cr2LSBAD 36~ Zosecr: San ". :o 10, . :'PA HEL" 'GNOA SEWER -9 :%c 4-2s :SHTGf- WAY PLAT N-0 /7 . ~- ". . ~. DateD-.