HomeMy WebLinkAbout; PHIPPS, ROBERT & AUGUSTA; 163047; EasementI.
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EASEMENT LT
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For valuabIe consideration, receipt whereof is hereby acLnowIedged, r.
ROBERT W. PHIPPS and AUGUSTA V. PHIPPS, husband and wife, -?,.
as Joint Tenants, .I
t, the Grantor, does hereby grant to the City
of Carlsbad, the Crantee, a right of way easement, ten feet ( 10 * , ) in width.
in, upon. over, and across the foIIowing described lands, to wit:
A strip of land 10 feet in width lying Southerly of and adjoining I
Northerly line of the following described property:
That parcel of land lying in Lot "I", Rancho Agua Hedionda, in the
to Map thereof No. 823 as recorded in the Office of the County Rea
ex off said County, December 16, 1896, more particularly described i
follows:
City of Carhbad, County of San Diego, State of California, accord:
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Beginning at corner No. 15 of Lot "I" as shown on said Map No. 823
thence Easterly along the Southerly line of said Lot "I" South 53O
00" East (record South 53" 56' East) 499.45 feet to the TRUE POINT
BEGINNING; said point being ALSO the most Southwesterly corner of '
parcel of land described in. deed to W.S. Kelley, recorded Septembe:
1942, in Book 1404, page 81 of Official Records of said County; tht
North 24" 53' 50" East (record North 24" 56' 10" East) along the mc
Westerly line of said parcel 597.82 feet: thence South 47O 43' 30"
East 153.83 feet to the beginning of a tangent curve concave Northt
having a radius of 355.00 feet: thence Easterly along said curve
through a central angle of 60" 50' 00" an arc distance of 376.92 fl
thence tangent to said curve North 71" 26' 30" East 100.32 feet; tl
south 24" 53' 50" West 780.49 feet to a point in the Southerly lint
said Lot "I": thence Westerly along said Southerly line North 64" :
02" West (record North 64" 42' West) 183.69 feet to comer No. 16 (
said Lot "I"; thence North 53" 52' 00" West (record North 53O 56' 1
along the Southerly line of said Lot "I" 393.80 feet to the TRUE PC
; INNTNG .
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It is understood and agreed by the parties hereto that the easement herein described is granted as a per
easement for the purpose of erecting, constructing. reconstructing. replacing, repairing, maintaining. and operating
system, sewerage, drainage, power line, excavation, and/or embankment facilities and appurtenances thereto, togethe
the right of ingress and egress to and from said right of way by practicaI route or routes in, upon, over, and acro
aforesaid lands, together with the right to dear and keep dear said right of way from buildings, structures, tree
brush, and any simiIar surface or subsurface encroachment which may interfere with reasonable and proper use (
right of way easement. The Grantor and successors in estate of the aforesaid Iands hereby agree to neither pennit no
or construct any building or structure, plant any tree. or otherwise create or permit any encroachment which may in
with reasonabIe and proper use of the said right of way easement by the Grantee.
I _" CERTIFICATE . - -. - - - OF ACCEPTANCE
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This is to cerf;Zfy, that the interest in real property ,k.LL&rdf *
12, /YLs- , -4l* GKW , to the City of Carlsbad, a political corp-
r governmental agenc:r, is herah:? mxepted
by order of the City Council of the City of Cnlsbad on
the /? df day of- /?LS , and the granke consents
to recordation.thereof by its duly authorized officer.
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._DATED: .. 1 I .. &Y.W$. 16: /yLr-
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, .* ,- .?.* ., : -.. i . CITY .QF CAELSBAD
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1 1 1 , ... ... . . -. In Witness Whereof, Grantor has executed ..
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State 'of ' CaIifornia-\
County of ~egz .,,: 1 '' . - ;. c . ._ . 2,960 Pi0 Pic0 Drive . .
On
before me, the Zdersigned, a Notary PubIfc in and -.- . -.
for said County and State, personaIly appeared . "
After recording, mad to:
.. I.. ~ ,,-: City Clerk, City of CarIsLad
.... .,. Lon . , ng ..... ... . ., - ,. ...... ,\
Allu nt 13 , 19A-5. - '
.. Carlsbad, California ', ....... ...
. .THIS SPACE FOR RECORDER'S USE ON
DS Usta V.
..... Phi pp ,, , .-, . I. . -
I._ 3.63047 .. .. .. FIWAGE HO ......L.._.YI_C_..__..
.... known to me to be the person S HX= @ whose ' '
nam- subscribed to the within instrument, ' ' ' '
and acknowIedged to me that they
4rFgl,HIIPJUTES PAST ......... 2.. executed the same.
SEP 8 '1365
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Witness my hand and Official SeaI, JLEJ 4 WOK 1965
A. s. GRAY, wuNw RECORDER (SWL) .... ... . . ,. 9FfEla RECORDS MF4 W@3 mut?r(, CALIFURNIA
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?, A LJ-6, - I ., NO FEE
Notary Public in and for said County and..State .-
HELEN L. SWANK
MY Commission Expires NOV. 9, X968 (-
.. &" pyypaeLb4 94
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City of Carlsbad
2960 Pio Pico Drive
Carlsbad, California
Gentlemen:
IThis letter will confirm that the undersigned, having granted
to the City of Carlsbad an easement by separate document over a
strip of land 10 feet in width, lying southerly of and adjoining
the Northerly line of that portion of Lot I of Rancho Aqua Hedionda,
Map 323, San Diego Co.unty Records, as shown on Record of Survey Map
No. 4852, San Diego County Records, also extends to the City of
Carl»b»d a license giving the Citv th« right to grade the Northerly
JO t*«st wi *jt-~. ±*^JL iori oi Lot i d» «bo*n on said Rex>id ot Survey
M »L. N W*>2 containing ».•» ' ••-*, *i*r **««nw»rt and an adjoin-
ing 20 foot wide strip of land, together with the right to extend,
cut or fill slopes Southerly beyond said Northerly 30 feet, as re-
quired.
S^id grading is to be in connection with the sever construction
in said 10 foot easement. The graded surface of said Northerly 30
feet is to be at no higher elevation than 17 feet above mean sea
level datum, being the datum used for the said sewer construction.
Material removed from said Northerly 30 feet is to be placed
on our property adjoining, and compacted in accordance with the
specifications for the sewer project,1 except that the material need
not be hauled more than 500 feet and need not be placed on unstable
ground .
This license shall terminate and be of no effect after the
completion of said sewer construction and said grading.
Yours very truly,
Date :
^^JDate,
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