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Home My WebLink About3166; SAN DIEGO GAS & ELECTRIC CO.; 1992-0361625; Easement6 r e I ' Recording Requested by e: ,, _._ .- $ -1-7- ;"' -;i:i- ;I-2 ; ~ . .. . L" - -& -2 6 .= . . :* -=: .. - L-. . 5 = f < 2"g ,= ,>i=? T! J j p 2 = - I193 . . - : . ? ."- z-,s . - .,"> ,-. u =" i :-:- Ti " j ;,$ - -: ". i_: ". s+ ": >-: :.-:- -; = 2;. < ." % .: .~- i - - .. ? ___ ."_ . .- . - .= L =~ ". "< L : " f i " .. .. City Clerk, City of Carlsbad - When Recorded . .. / "- _", -.+: "---p"" !' . . . $" '. ;. ._ ;-:,>:; ,/:i,;. , ,,'..."+ ?i. :'> +>:.--. ..", ~ _L:. 52 __ i __::..-:: -."",7'.-.-.-.". -----.- __ ii "._ .~ .-.-, . . , .".., 3.2 - i " - ."" .._..__ r_ __.i :._ ", :.. -.: -.?.-.I?.--- ;..';.:- - .. :_. , . .- . ~. &?.;.-. - , , ' ;!.. : .; 7'.-. !'b.'"T - .._i.i " ,....-. : _--.-. i -._ : .-_- ..". :~. . .. ..: -; .- _. ,_ .~. i ,.~ .._.- -. . :.. -. .: . z "",_ _: :.-) - _. .. 2' .... _." "_ s flail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 PACE ABOVE FOR RECORDER'S USE ~.~ 3 ,: 2 (3 sq. ,:: . , .., I , ,. , . .. ). i .I' Transfer Tax SAN DIEGO GAS & ELECTRIC COMPANY " GRANT OF EASEMENT SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Grantor", for valuable consideration, grants to the CITY OF CARLSBAD, a Municipal Corporation, hereinafter called "Grantee", an easement and right of way for slope and temporary construction purposes and incidentals thereto, through, over, under and across Grantor's land, together with the right of ingress and egress, to and along said easement, situated in the City of Carlsbad, County of San Diego, State of California, described as follows: That portion of Lot "B" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, November 16, 1896, being more particularly described in Exhibit "A" consisting of one page, attached hereto and made a part hereof and being shown and delineated on the Exhibit "B" consisting of one page attached hereto and made a part hereof. EXCEPTING THEREFROM those certain fenced areas shown and delineated as "Approximate Location of Fenced Stations to be Excluded From Easement" on said Exhibit "B". 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 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 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. Such rights shall not be exercised by Grantor, its successors or assigns, in such a manner as to be unreasonably 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, including any such loss, damage or expense arising out of the (a) loss or damage to property, and (bl injury to or death of persons, including the defense of any action arising therefrom. 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 T (7375 -1 - T’ I’ e 3794 -0 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 removal of Grantee’s facilities installed within the easement herein granted. The terms, covenants and conditions of this easement and right of way shall be binding upon and inure to the benefit of Grantor, its successors and assigns, and Grantee, or in any other or altered form it may assume. IN WITNESS WHEREOF, the said San Diego Gas & Electric Company has caused this Instrument uted in its corporate name by its officer thereunto duly authorized this 30 P day of I 19 yc. SAN DIEGO GAS & ELECTRIC COMPANY, a corporation By MtJ-&k * M. J. Loper, Manager Land Services Department Drawn McGuire (#012) Checked Date 3-6-92 SEE No. 141 -37-1 05, Parcel 3 A.P. No. 209-050-28 - -2- J, e 1795 0 STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ISS. On '%&A, ar~, /W-Z , before me, the undersigned, a Notary Public in and for said State, personall$ appeared M. J. Loper personally known to me to be the person who executed the within instrument as Manager, Land Services Department, on behalf of San Diego Gas & Electric Company, 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. Signature &Gd& I 31 0 3796 0 02/15/92 (DWA) 200,4;SV 30SL A,P.N. 209-050-28 EXHIBIT "AaW LEGAL DESCRIPTION SLOPE/TEMPORAFtY CONSTRUCTION EASEMENT THOSE PORTIONS OF LOT lrBlr OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,. NOVEMBER 16, 1896, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY LINE OF PARCEL MAP NO. 13958, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 18, 1985, SAID POINT ALSO BEING ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL AS SHOWN AND DEDICATED ON SAID PARCEL MAP NO. 13958; THENCE ALONG SAID SOUTHERLY BOUNDARY LINE SOUTH 78'36'48" EAST (RECORD= NORTH 78"32'24" WEST),30.85 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY LINE SOUTH 38'11'53" EAST, 122.82 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF RECORD OF SURVEY MAP NO. 7845, FILED IN THE OFFICE OF THE COUNTY RECORDER MARCH 8, 1974; THENCE ALONG SAID WESTERLY BOUNDARY LINE SOUTH 11°13'0211 WEST (RECORD= NORTH 10°54'0011 EAST), 26.34 FEET; THENCE LEAVING SAID WESTERLY BOUNDARY LINE ALONG A LINE THAT IS PARALLEL WITH AND 63-00 FEET NORTHEASTERLY OF THE CENTERLINE OF ROAD SURVEY NO. 1800-1 (EL CAMINO REAL) A PLAT WHICH IS ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY, NORTH 38'11'53'l WEST, 163.44 FEET TO THE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 2863 SQUARE FEET OR 0.0657 ACRE, THIS LEGAL DESCRIPTION WAS PREPARED DIRECTION. z-is 4t DALE A. DAVIS, L.S. 5894 Date LICENSE EXPIRES: 12-31-92 SHEET 1 OF 1 SHEET -!.- t 4 @ EXH/B/T "B". 1797 SHEET I OF I SHEET 1 D€SCR/P77ON A POR77ON Of LOT "0" Of LEGEND RANCHO AGUA HEDIONDA Of MAP NO. 823 INDICA ES SL OPEmMPORAR DEDICA ED H€t?EON 1-1 CONSTRUC77ON EAS'MEfiT 0, IjrEAR/,Gs BASIS OF BEARINGS FOR 7HlS DRA WING R0.R = POINT Of BEGINNING fS THE C€N ERLINE Of EL' CAMINO REAL PER MAP NO. r0.330, /.E ~38~133~~ APPROXIMATE LOCATION OF FENCED STATIONS TO BE EXCLUDED FROM EASEMEN' 0.0657 ACRE OR 2863 SQ. FT A.P.N. 209-050-28 LoT "8" RAfYGkfo A GUA HEDlof!LI/\/G?LI MAP fYOa 82.3 "- W'L Y LIN€ R. of S 7845 AP" 209-050-28 Fj oF 3 7845 DALE A. DAMS L.S. 5894 !IC. EXP. DA E: 12-31-92 Pa EWNOLrnrn 401 mt -A- sm. su17E I500 W DEGQ GXUFMNfA 92101 .. OJECT NAME Ei(, CAMIN0 REAL: B 77KK SLOPEAEMPORARY coNcmtlmmN CA CcucAIr EXH18fT PROJ€CT NO. r. * e. ' 0 .- 4 1798 CERTIFICATION FOR ACCEPTANCE OF EASEf4EFlT This is to certify that the interest in real property ' conveyed by. the easement dated March 30, 1992 f rorn San Diego Gas & Electric Co. to the Ci-ty of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Cc?r.lsbad, California pursuant to resolution fJo. 92-147 , , adopted 011 June 2, 1992 , and the grantee consents to tllc - recordation thereof by its duly authorized 0.f ficer. DATED: June 5, 1992 BY: W;p Qm ALETIIA Le m"'.L'ENKRAN*ty Clerk ""_