Loading...
HomeMy WebLinkAbout; SAN DIEGO GAS & ELECTRIC CO.; 76-440986; Easement*ss . . . _" . " .". ".". "_" -.__ ._ . . - .. ._ .^,._ Recorded Mail To: C Clerk, City of Carl : 1200 Elm Avenue wd 1- Carlsbad, California 92008 * 19'7 76-~ BOOR rwei aw REWE ... ." ClYY * FkbEZPAOE H@,- M/L OOCUMWTARY TRANSFER TAX %.-~~-.~.-...-....~r.U.............RI..L.,, a COMPUTED ON SALE PRICE OF PROPERTY CONVEYED, OR ~~ ~ 1 ~~ ~ ~ ~~ Assessor's Parcel No. 211-010-22 nEC 36 la 52 I QFFiGlAb REea $A# QIEf43 COUHTl HAWbfl F,iiLf RfCURi3EB SPACE ABOVE FOR RECORDER'S 'USE- GRANT OF EASENENT SAN DIEGO GAS & ELECTRIC COMPANY, a corporation hereinafter called "Grantor" I for valuable consideration, grants to the City of Carlsbad, a municipal corporation i the Countyaof San Diego, State of California, hereinafter called "Grantee", an easement and right of way for water pipeline purposes and incidentals the.reto, through, over, under and across Grantor's land situated in--the City-of Carlsbad, County of San Diego, State of California, particularly described as follows: That certain strip of land 20 -00 feet in width over and across Lot "H" of Rancho Agua iledionda, in the C of Carlsbad, County of San Diego, State'of California, according to Partition Nap thereof No. 823, filed in the office of the County Recorder of said County, Novenber 16 1896,---the center fine of said strip of land being describ as follows: Commencing at the point of intersection of a li which is parallel with and 2000.00 feet Southerly, measur at right angles from the Southerly line of Block "V" of Palisades No. -2, according to Xap thereof No. 1803,-.filed said.County Recorder's Office August 25, 1924, the bearin of which parallel line and its Westerly prolongation is recorded as North 72" 25' 00" East on said Map No. 1803, with the Westerly line of the right of way of the Atchiso Topeka and Santa Fe Railway Company, as said right of way was established on September 22, 1948, said point being a VI _- e 0 1774 the most Northerly corner of the land conveyed to San Diego Gas & Electric Company by Deed recorded October 8, 1948 in Book 2974, Page 493 of Official Records of said County; thence along the Westerly line of said right of way, being also the Easterly line' of said San Diego Gas & Electric Company's land, South 23O 02' 30'' East, 2755.18 feet to the most Easterly corner thereof; thence parallel with a portion of the Southerly line of the Jacobsen land hereinafter described, North 66" 54' 10" East, 50.00 feet to the center line of said Atckison, Topeka and Santa Fe Railway Company right of way; thence along said center line South 23' 02' 30" East (record South 23O 06' East), 60.00 feet to an angle point in the Southerly line of the land described in a Quitclaim Deed to Grover C. Jacobsen, et al, recorded April 29, 1948 as Document No. 43667 in Book 2778, Page 341 of said Official Records; thence along said Southerly line North 66O 54' 10'' East, 1770.00 feet to an angle point in said Jacobsen's land; thence along the boundary line of the land described in Deed to San Diego Gas & Electric Company recorded May 2, 1952 as Document No. 54338 in Book 4456, Page 49 of said Official Records, North 23O 05' 05" West, 461.74 feet; thence North 66' 56' 40" East, 350.15 feet to the most Southerly corner of land described in Parcel 1 of a Quitclaim Deed to Paul Ecke, et ux, recorded in Book 2778, Page 352 of said Official Records; thence along the Southwesterly line thereof North 23' 03' 20" West, 178.90 feet to a point of intersection with the center line of that certain easement 25.00 feet in width described in Deed from San Diego Gas st Electric Company to w. D. Cannon recorded January 21, 1953 as Document No. 9014 in Book 4722, Page 361 of said Official Records; thence along said center line South 65O 22' 50" West, 10 feet more or less to an intersection with a line that is parallel with and 10.00 feet Southwesterly of the Southwesterly line of said Ecke land, said point being the TRUE POINT OF BEGINNING of the center line herein described; thence along said parallel line and its Southeasterly prolongation, South 23O 03' 20" East, 190 feet more or less to an intersection with the Southwesterly prolongation of a line that is parallel with and 10.00 feet Southeasterly of the Southeasterly line of said Ecke land; thence along said prolongation, said parallel line and the Northeasterly prolongation thereof North 66O 56' 40" East, 425 feet more or less to the center line of that certain easement to W. D, Cannon recorded March 5, 1956 as Document No. 29800 in Book 6002, Page 41 ( Official Records of said County. Also shown for convenience sake on Attachment "A", attache< hereto and made a part hereof. -2- J >< *: I, .. .. 0 0 1775 Grantee, its successors, assigns, agents or contractors, shall be responsible for any damage to Grantor's existing facilities occasioned by or arising from the construction, operation or maintenance of Grantee's facilities within said Grantor's properky. Grantee covenants for itself, its successors, assigns, agents or contractors, that all work in connection with the installation of Grantee's facilities and appurtenances shall be done in a workmanlike manner and in accordance with standard engineering practices. Grantor reserves unto itself, its successors and assigns, the right to use the subsurface, surface and airspace thereover, of the hereinbefore described easement and right of way, for the installation of such facilities as it shall now or in the future deem necessary, provided, however, that such reserved use rights shall not be exercised by Grantor, its successors 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 presence of Grantee's facilities installed hereunder and all necessary and proper fixtures and equipment for use in connection therewith, -3- .t I * s,. a1 0" .. 0 1776 e 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 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. Grantee covenants for itself, its successors and assigns that should Grantee discontinue use of this easement for the purposes set forth herein, then all rights granted in this easement shall terminate and Grantee, upon receipt of written request, shall execute and deliver to Grantor a good and sufficient Quitclaim Deed to all rights herein granted. Grantor, its successors and assigns shall not be required to bear any portion of the cost of construction, maintenance, alteration, repair, replacement, relocation or L 1' removal of Grantee's facilities installed within the easement herein granted. t IN WITNESS WHEREOF, we have hereunto set our hand this 16th day of December r 192. .. - - .. . ,. ?.>;,:;,., %', j I .. . .. !. i f i : ': ./ ' .' SAM DIEGO GAS & ELECTRIC 4.- i. ' > . . ,. " : p I: .- .'. ATTEST: . ~. '..\ '!* :. . . . . , - , I* ~ - " ., \ .. : .. . . - ,"-> . . .. <I >. ' ,. " . AI- c .. .,, . .;-. ; :. .. ., ,A :,. .I . ~ c . :' r" :. .. ",. . ",.. - : - . -, 9 'Sec5r'eEqry -. !~:.. _' .. >.,> . P . ~-* .I :. 7. .$ 4- * 7, , I. . 2' . ... _. .. . ~ <.. ,.. .. . . "J :. ""___I . :. I I -* 5 '. I . .. . 1 QRA';?IN BY -3iekaV- IC , ., ', 1 . ,. ' ..*... ..' :, \ , ,, .ri I .:. . 1 'j 5: '! iJIECEEI) BY ____ -"---# $KETCY MD. SK--6&&" DATE "l2/6/_ZS"-" MOPAC NO. """"" - -4- 1 ."".I""r L .* ' * .*. *4 *- .. e 0 1778 SAN DIEGO GAS & ELECTRIC COMPANY FORM STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. ON THIS 16th day of December , 1976, before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared J. R. Belt , known to me to be the Senior Vice President and 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. W, J. Kames , known to me to be WITNESS my hand and official seal. ~%%%wm%-d%w-"v* $ $ .- OFFICIAL SEAL 8 LEE BLANAS 4 FLi2LlC . CA?lFORil'!;l p 3 iic?, Snr. Gi?,y Co. Cslif. e* sion ixp. Nov. 16, 1989 3 P M..~~~=~~~*~~~a~*e~'~~~~~, &.&*+&+=-- Notary Public inland for said County and State 1777 CERTIFICATE OF ACCEPTANCE This is to certify that the,interest in real property conveyed by the deed or grant dated 16, /976 from to the Clty of Carlsbad, California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer,or agent OR behalf of the City Co,uReC:il of thg City of Carlsbad, Cali,f$rni:a, pursuant to authori ty conferq,edq',,'.:bP.y 'R.e,q,~li.Ution #1537 of the City \ ,o~C.C~~.L~~crr..adopted on J u 1 y -2 , 1 9 6 8 ,": ~. ~~.d,--t.A'~;.~',g~~a.n E e e consents to the.,,~~.~;j'~d~..ti~:.'.fhereof by 8,.+3S" I:,, . P:, . its duly authorized: &fa,'+ w7&;.$#&f"-;;; " . - .. ._ . , , ~ -.*- .. , MARG ET..$/.'*,AE +S$j$$;ti$ Clerk <( P .-.. . 7 " d , ,', 0 *ktk ;. 89. A 04 b: . DATED: u &y{[,++J!&~. Qj.j,. ;;t,\;;'Q, I :,kb . *,/ 1- ?"*+*** 0 .. /" " : ! (,, .. ' 1. ... . 0 ?‘ f+’ EsL=ff vo /A ,V ~-J003’~O‘’Lc/ 234’ -. r- 6 Gi me 3 OP (D- a -s _- P, < 0- (D.3 Y P 3 ? m 2