HomeMy WebLinkAbout; SAN DIEGO GAS & ELECTRIC CO.; 75-326695; Easement1, " ,*;*, ; .* ; :,d;wsn YQ:
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SAX DIE84 COUNf 'i.1
OFFICII-!. 3ECO;
HAfiLEY F. 8100 RECORDER
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PACE ABOVE FOR RECORDER'S USE
GRANT OF EASEMENT ~~~~~,~pc~i"''~"~ -. ~..-"-..~-:". -.--.,* a ~":~.~~.~~~:~~~~~~~.-.~' !:x,'..:..: "_, ._ iiJi , .. 8..
SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, (
hereinafter called "Grantor", for valuable consideration, \
grants to the CITY OF CARLSBAD, a municipal corporation in
the County of San Diego, State of California, hereinafter
called "Grantee", in accordance with City of Carlsbad Ordinanc
No. 9279, a temporary floating easement and right of way for
road purposes and appurtenances thereto, over, under and aero2
Grantor's land situated in the City of Carlsbad, County of
t San Diego, State of California, described as follows:
Those portions of Lots ''F" and ''HI' of Rancho Agua
Hed.ionda, in the City of Carlsbad, County of San Diego, State
office of the County Recorder of said County of San Diego, November 16, 1896, described in Deeds to San Diego Gas & Elect
Company, recorded May 2, 1952 in Book 4456, Page 49; recorded
1953 in Book 5055, Page 447, all being of Official Records
! of California, according to Map thereof No. 823, filed in the
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I January 21, 1953 in Book 4722, Page 350 and recorded June 16,
f
of said County of San Diego.
The temporary easement herein granted shall be
for the purpose of constructing Cannon Road over those portior
of the above described property and shall be approximately
located as shown on the Specific Plan attached to said City Y
.? of Carlsbad Ordinance No. 9279.
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SAN DIEGO GAS & ELECTRIC COMPANY FORM
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
ss.
ON THIS 4th day Of aber , 1975, before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared R. E. Morris , known to me to be the Senior Vi ce President and
W. J. Kames , known to me to be
the " Secretary of SAN DIEGO GAS
& ELECTRIC COMPANY, the corporation that executed the within
Instrument, known to me to be the persons who executed the within
Instrument, on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within
Instrument pursuant to its By-Laws or a Resolution of its Board of Directors.
WITNESS my hand and official seal.
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NOTARY PUBLIC Notary Public in and for said County and State
PrincipaI Office, San Diego CO. Calif
missiJn Exgixs i"lcvt;nber 5, 1976
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CERTIFICATE OF ACCEPTAL?CS !$'?; 537 '< "- " -
?hYs is to certify that the interest in
real pro~erty conveycc! by the deed or
s-rarlt dated November 4th, 1975 from
to i:sI-?e City of Carlsbad, California,
a pclitical corporation and/or 1
yovernnental agency, is hereby accepted '
Sy the undersigned officer or agent
on behalf of, ,C,n:q,t:Cjty Council of the I city of ~a~,i~.,~~:~,+.~~;~ :~,+~jfornia .. pursuant: i
to ~lui:h~~~~t,~~~:,~~O.~~~.~~.~red by Resolutior!
$1537 of. t.5.g "CFt..$..:p.f "Carlsbad adopted
San Diego Gas & Electric Company !
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OR ~ulj 2.;/,:ZGt, c?,h'd;',the 9~~3ntec . .. .
cor-iencs ,_.- ko.'-.c;hc recok.d.ation thereof by i __ :'A LS dui.~.-.~,.u..~~~~.riz~e~ ::o2f ice1;-- !
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MAR~X;!T~T E: ADA.F~S: ci t y Clerk I i
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DATED : November 18, 1975 I \
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Grantee, .its successors, assigns, agents. or.con-
tractors, shall .be responsible,.for any damage to Grantor's
.existing facilities occasioned by .or arising from the con-
struction, o.peration or maintenance of Grantee's facilities
within said Grantor's property.
Grantee c.ovenants .for .itself, its successors,
assigns, agents or contractors, that all work in connectTon
with .the installation of Grantee's facilities and ap.pur.tenances
shall .be .done in a .workmanlike manner and in accordance with
standard engineering practices.
Grantorreserves unto it.self, its successors and
assigns, .the right .to use the subsurface; surface and air-
space .ther.e.over,. of the.. hereinbefore descr,ibed eas'ement and
right ,of way,, for .the installat.ion ,of such facilities as
it shall now or in .the, future deem ne.cessary, pr.ovided, .however,
.that .such reserved use rights shall not be. exercised by
Grantor, its suc.cessors or assigns, in such a manner as .to .be
incompatible with Grantee's installation.
Grantee .shall .at all times indemnify and save
harmless Grantor against.and pay in full any and .all .loss,
damage or expense that Grantor may sustain, incur 'or. become
liable .for, resulting in any manner from the construction,
maintenance, use, state of repair or pre.sence ,of Grantee's
facilities installed hereunder and .all necessary and pro.per
fixtures and equipment, .for u.se in connect.ion therewith,
including any .such loss, damage .. or expense arising out of
the (a) loss ,of or damage to property, and (b) inJury to or
death .of persons, including .the defense of any action arising
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therefrom, excepting any loss, damage or expense and claims
for loss, damage or expense resulting in any manner from
the negligent act or acts of Grantor, its contractors,
officers, agents or employees.
Grantor shall, upon receipt of the description
of the approved location of Cannon Road within Grantor's
property, prepare a grant of easement describing the approve(
route. The terms, conditions and purposes hereinabove state(
Grantor shall execute the new described easement,
and Grantee shall within 90 days deliver to Grantor a
Quitclaim Deed for the temporary floating easement herein
conveyed.
The terms, covenants and conditions of this grant
of easement and right of way shall be binding upon and inure
to the benefit of the successors or assigns of Grantor and
Grantee .
IN WITNESS WHEREOF, we have hereunto set our hand
this 4th day of November , 19 75.
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' ATTEST,: , ' . . ., ..
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,. ,. "" . , L',("p& \* C&JW
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~ ', 3- Secretary
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SAN ?.~EGO GAS & ELECTRIC
COMP$NY, a corporation . ,_
.ill I
2,: I . *~ ,; t ,:, ; By +' i ' ' , , ,It A::, ;,I ; ;; , , , , ! :: ,J. " I $, , . ,'
R: E. Morris Senior Vice President - - ""I I 1. 3i$i,! I<,. .i ti\ :.:.. ,." I
DAEJ E'! __ J-o-nS-2 ___ '1
1 CHCCKF3 9';. i - - -- . - - - - - -
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~>~,rA:vF7.:l& TO bx,;', '9 :4' . ,f L- ..,.. . .. - - """ I 1
, *. 1 10/31/75 j ; LJijfE --- - -.. - .. . - ."""
. . . . ., .
.Vincent ?. Bi"ondo ;Jg ;)/'C?ty Attorney -3-
Carl shad
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