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HomeMy WebLinkAbout; SAN DIEGO GAS & ELECTRIC CO.; 88-226631; Easement.I .. *. . '1 '. 1 m ._ 999 h6: 7?ca .- -.. d\ Recording Requestem 8 3 u Q t""&. t. 'J EXHIBIT ;- *+ I E.L-., ~..~.~. ... i . , I, a '. .. LJ : 4 % I ," ..",. . ., . . , .&< .. . i , ; ; -:I *, ..- ..., ... City Clerk City of Carlsbad i ' . + ;:-* . : .i :. ;.~ " :.i.:.. 1 , .I/ 'L,: _. "!':; .j ' .. . After Recording Mail to: City Clerk City of Carlsbad f "y. I . ' &.:;a zeT; f 3 fy f : 25 ,LP\AY\3 I ." - * : ." . 1 , .?, ". ? - PW -. 1 .- V~pJ .,..__. f 8.r. :- i : . . . *,*",<,,.;: i : :. ., :-, ;j;<.;: k ? "". * 1200 Elm Avenue Carlsbad, CA 92008 SPACE ABOVE FOR RECORDER~S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC C GRANT OF EASEMENT SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter calle "Grantor", for valuable consideration, grants to the CITY OF CARLSBAD, a mun corporation, hereinafter called "Grantee", an easement and right of way for and retaining wall purposes and incidentals thereto, through, over, under ar Grantor's land, together with the right of ingress and egress along said eas situated in the City of Carlsbad, County of San Diego , State of California, described as follows: Those strips of land lying within Lot "H" of Rancho Agua Hedionda, ing to Map thereof No. 823, filed in the office of the County Recorder County of San Diego, described in Parcels 1 thru 5 as follows: Parcel 1: Those portions of said Lot "H" lying Northeasterly of the Northea: right of way line of Carlsbad Boulevard, formerly U.S. Highway 101, re: quished by the State of California per relinquishment agreement record Book 5103, page 172 of Official Records of said County of San Diego, a Southwesterly of a line described as follows: Commencing at a point on the centerline of said Carlsbad Eoulevar point shown and delineated as State Highway Station 394+63.74 on Recor Survey Map No. 1806, filed in said County Recorder's Office; thence a1 centerline North 36"54'00" West (record North 36'57'30" West) 262.49 f thence leaving said centerline North 53"06'00" East, 50.00 feet to a p said Northeasterly right of way line of Carlsbad Boulevard and the TRU OF BEGINNING of said line; thence leaving said right of way line South 47'05'42" East, 139.01 feet; thence South 35'17'01" East, 527.68 feet; South 55'21'11" East, 83.78 feet; thence South 30'30'14" East, 46.24 f feet; thence South 27'13'41" East, 154.39 feet; thence South 61"23'11' 60.65 feet; thence South 19'40'45" East, 44.14 feet; thence South OO'E West, 66.99 feet; thence South 24'25'04" East, 393.77 feet; thence Sol 24'00'23" East, 166.57 feet; thence South 24"06'04" East, 436.61 feet; South 00'13'56" East, 27.76 feet; thence South 24'43'30'' East, 104.49 thence North 66'53'10" East, 4.00 feet; thence South 24'43'30" East, z feet; thence South 27'18'10" East, 180.54 feet; thence South 22'05'44' thence South 12O35'45" West, 54.97 feet; thence South 29'40'30" East, -1- cFg '. q ,. a. e 4.i- 139 e 119.94 feet; thence South 07°56'11" West, 15.97 feet to a point on said Northeasterly right of way line; thence along said right of way line So 24'43'30'' East, 35.00 feet; thence leaving said right of way line South 44'11'46" East, 15.00 feet; thence South 24'43'30'' East, 85.48 feet; th South 25'53'35" East, 169.46 feet; thence South 20'52'56" East, 364.99 thence South 22'59'36" East, 196.44 feet; thence South 23'32'35" East, feet; thence South 24'40'49" East, 118.35 feet; thence South 27'58'46" 147.05 feet; thence South 30'52'53" East, 79.52 feet; thence South 03'0 East, 26.94 feet to a point on said Northeasterly right of way line of Boulevard, said point being the point of terminus and lying on a 5208.1 (record 5198.73) foot radius curve concave Easterly, a radial line to s point bears South 60'33'16" West. Parcel 2: That certain strip of land 5.00 feet in width lying within said LC the Northeasterly line of which is coincident with the following descri line : Commencing at said State Highway Station 394+63.74 described in PE above; thence leaving said centerline South 53"06'00" West, 50.00 feet point on the Southwesterly right of way line of Carlsbad Boulevard and the TRUE POINT OF BEGINNING of said line; thence along said Southwester of way line North 36"54'00" West (record North 36"57'30" West) 145.00 f the point of terminus of said line. Parcel 3: That certain strip of land 5.00 feet in width lying within said LC the Northeasterly line of which is coincident with the following descrj line : Commencing at said State Highway Station 394+63.74 described in Pz above, said point being the beginning of a 5000.00 foot radius curve cc Southwesterly, a radial line to said point bears North 53'06'00" East; angle of 12"10'30" a distance of 1062.47 feet; thence tangent to said < South 24'43'30" East (record South 24'42'20" East) 393.76 feet to a pol herein designated Point "A"; thence leaving said centerline South 65'1t West, 50.00 feet to a point on said Southwesterly right of way line of Boulevard and being the TRUE POINT OF BEGINNING of said line; thence a: right of way line South 24'43'30" East, 400.00 feet to the point of te~ Parcel 4: Southeasterly along said centerline and the arc of said curve through i That portion of said Lot "H" lying Southwesterly of said Southwesi right of way line of Carlsbad Boulevard and Northeasterly of a line de: as follows: Commencing at Point "A" described in Parcel 3 above; thence along centerline of Carlsbad Boulevard, South 24"43'30" East (record South 2' East) 1100.47 feet; thence leaving said centerline South 65'16'30" Wes feet to a point on said Southwesterly right of way line of Carlsbad Bo1 and being the TRUE POINT OF BEGINNING of said line; thence leaving sail -2- .. 0 ,,u 740 0 of way line South 17"03'07" East, 240.77 feet; thence South 20"04'53" E 248.20 feet; thence South 25"40'02" East, 65.46 feet; thence South 41'2 East, 87.53 feet; thence South 14"00'47" East, 109.97 feet; thence Sout 39'18'31" East, 55.40 feet; thence North 68'28'24" East, 5.00 feet to a herein designated Point "B"; said point being a point on said Southwest right of way line and being a point on the arc of a 5308.16 (record 529 foot radius curve concave Northeasterly, a radial line of said curve at point bears South 68'28'24" West, said point also being the point of te Parcel 5: That certain strip of land 5.00 feet in width lying within said Lo the Northeasterly line of which is described as follows: Beginning at said Point "B" described in Parcel 4 above, said Poin being a point on the Southwesterly right of way line of Carlsbad Boulev a point on the arc of a 5308.16 (record 5298.73) foot radius curve conc Northeasterly; a radial line of said curve at said point bears South 68 West; thence Southeasterly along the arc of said curve through a centrs of 08'33'38", a distance of 793.09 feet to the most Northerly corner of Del Oro, according to Map thereof No. 3052, filed in said County Record Off ice. The sidelines of said strip shall be lengthened and/or shortened I terminate in the Southerly line of the land described in Parcel 4 above the Northwesterly line of said Tierra Del Oro, RESERVING unto Grantor of the above described parcels of land, its successors or assigns, the right to eliminate such slopes or portions therec in written opinion of the City of Carlsbad and/or City Engineer of Carlsbad necessity therefore is removed by substituting other protection and support such substitution is first approved in writing by said Engineer(s). Grantee, its successors, assigns, agents or contractors, shall be sible for any damage to Grantor's existing facilities occasioned by or arisi the construction, operation or maintenance of Grantee's facilities within s; Grantor's property. 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 ac with standard engineering practices. Grantor reserves unto itself, its successors and assigns, the rig1 the subsurface, surface and airspace thereover, of the hereinbefore describc easement and right of way, for the installation of such facilities as it sh: or in the future deem necessary. Such rights shall not be exercised by Gral successors or assigns, in such a manner as to be unreasonably incompatible 1 Grantee's installation. Grantee shall at all times indemnify and save harmless Grantor ag, pay in full any and all loss, damage or expense that Grantor may sustain, il become liable for, resulting in any manner from the construction, maintenanc state of repair or presence of Grantee's facilities installed hereunder and -3- ', -I 0 -b 741 necessary and proper fixtures and equipment for use in connection therewith, cluding any such loss, damage or expense arising out of the (a) loss or dama; property, and (b) injury to or death of persons, including the defense of an: arising therefrom. Grantee covenants for itself, its successors and assigns that shou Grantee discontinue use of this easement for the purposes set forth herein, request, shall execute and deliver to Grantor a good and sufficient Quitclai to all rights herein granted. rights granted in this easement shall terminate and Grantee, upon receipt of Grantor, its successors and assigns, shall not be required to bear portion of the cost of construction, maintenance, alteration, repair, replac relocation or removal of Grantee's facilities installed within the easement granted. The terms, covenants and conditions of this easement and right of shall be binding upon and inure to the benefit of Grantor, its successors an assigns, and Grantee, or in any other or altered form it may assume. IN WITNESS WHEREOF, the said San Diego Gas & Electric Company has this Instrument to be executed in its corpprate name by its officer thereunt authorized this /.c dav " of " DE/? Y 19 FZ3. I SAN DIEGO GAS & ELECTRIC COMPAD a corporation 7% ;jx/L& BY ~"W" :' P StdD. Davis , MZm$er Land Department Drawn McGuire Sketch L Checked PW-', Date 4/1/88 MOPAC - S.B.E. NO. 141-37-73FY PC1 2&3 A.P. NO. 210-010-24 & 33 -4- .. 0’ -” 742 a STATE OF CALIFORNIA ss COUNTY OF SAN DIEGO On p/z(/- /,TI /yg$ , before me, the undersigned, a Notary Public in and for said Stah, personally appeared Steven D. Davis, personally known to me (e+pzw.-d Itonzfnf~tnry 2vk-ke.e) to be the person who executed the within instrument as Manager, Land Department, on behalf of San Diego Gas & Electric Company, the corporati therein named, and acknowledged to me that such corporation executed the of Directors. within instrument pursuant to its by-laws or a resolution of its Board WITNESS my hand and official seal. Signature dL, 7 uer22J T.P.O.B. PARCEL 1 EASEMENT PLr P.O.B. PARCELS 1 THRU 3 CURVE DELTA RADIUS LE C1 1270'30' 5000.00' 1( & ASSOCIATES - "- .I - EASEMENT P CURVE DELTA RADIUS LE [ c1 1270'30' 5000.00' 1 SCALE KELTNER & ASSOCIATES ' 805 THIRD m NOY 8, 1967 FEE NAME : RJnOCXB - / KELTNER & ASSOCIATES NOV. 9, 1887 FILE NAME : JN27OLxc I \ \ c ,I h EASEMENT PL . .. - .. CURVE DELTA RADIUS C1 4'56'30" 4000.00' KELTNER & ASSOCIATES NOV. 9. 1987 FILE NANE : J"Z70 EASEMENT P CURVE DELTA RADIUS L C1 10'51 '50' 5258.1 6' 805 THLRD STREET ENCINITAS , CA 82024 NOV. 9. 1987 (619) 942-8829 FILE NAME : INnOGxE v?G:.x - r .e, e .I m- ru 748 *I CERTIFICATIOX FOR ACCEPTANCE OF EASErlENT This is to certify that the interest in real proper' conveyed by the easement dated April 15, 1988 from San Diego Gas & Electric Company to the City of Carlsbad, California, a municipal corporati is hereby accepted by the City Council of the City of Carl California pursuant to resolution No- 88-147 , adopted on - May 10, 1988 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: May 11, 1988 By: w ok c- .. ALETI-IA L. RAUT'Ei!?KKQ?Z , CYty x' ..