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HomeMy WebLinkAbout352504-70; City of Carlsbad; 2014-0362231; EasementRecording Requested by San Diego Gas & Electric Company When recorded, mail to: THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON AUG 11. 2014 DOCUMENTNUMBER 20H-036E231 Emest .J. Dronenburg, Jr., COUNTY RECORDER SAN DIEGO COUNT^r' RECORDER'S OFFICE TIME: 11:35 AM San Diego Gas & Electric Company 8335 Century Park Court, Suite 100 San Diego, CA 92123-1569 Attn: Real Estate Records - CPllD Project No.: 352504-70,080,100,120 Const No.: 2383455, 2383456, 2383457,2383459 A.P.N.: 156-302-24 SPACE ABOVE FOR RECORDER'S USE Transfer Tax None SAN DIEGp GAS & ELECTRIC COMPANY EASEMENT The CITY OF CARLSBAD, a chartered municipal corporation, hereinafter called "Grantor", grants to SAN DIEGO GAS Sc ELECTRIC COMPANY, a corporation, "Grantee", a, non-exclusive easement and right of way to erect, constmct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of: (1) Underground electric facilities, and appurtenances for the transmission and distribution of electricity, (2) Underground communication facilities, and appurtenances, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes across Grantor's land situated in the County of San Diego, State of Califomia described as follows: Lot 9 of Carlsbad Tract No. 76-18, according to Map thereof No. 8956, filed in the Office of the County Recorder of said County of San Diego. The easement in the aforesaid property shall be those strips of land^ uicluding all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every utility facility installed within said property after the date this easement is granted and on or before December 31, 2015, as shown on Exhibit "A", consisting of four (4) pages, attached hereto and made a part hereof. In order to provide adequate working area for Grantee, Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed any building or other structure, park any vehicle, deposit any materials, plant any trees and/or shrubs withm eight (8) feet of the front of the door or hinged opening of any pad mounted electrical equipment installed within this easement. Grantor grants to Grantee the right to erect and maintain within the easement on Grantor's property retainmg walls aad/or protective barricades as may be necessary for Grantee's purposes. Grantor shall not unreasonably interfere with Grantee's use and enjoyment of the easement or any of the rights granted to Grantee herein. Grantee shall have the right to top, cut, remove, or trim interfering plants and trees, and to keep said easement free from and to prevent any person, including Grantor and successors and assigns, from erecting, placing, or storing on said easement any flammable or other hazards and any structures, objects, or earth fills/cuts or other obstructions. Grantor shall not increase or decrease the ground surface elevations within this easement after uistallation of Grantee's facilities, without the prior written consent of Grantee, which consent shall not unreasonably be withheld, conditioned or delayed. Once Grantee has installed its facilities, will prepare a description of the actual Grantee location of the center line of its fecilities and Grantor will record the description in the Office ofthe County Recorder of the County of San Diego as a substitute for said Exhibit "A" attached hereto, which substituted description shall be effective as if fiilly set forth at the time of this grant. Grantee agrees that if for any reason the existmg regional shopping center and/or the underground electric facilities or underground communication facilities Easement is/are abandoned for a continuous period of one (1) year, then all rights granted herein shall revert to Grantor, its successors and assigns. Within 30 days prior to the termmation of this agreement for any reason, Grantor may provide Grantee with written notice requesting that Grantee remove all facilities in the Easement; whereupon Grantee shall have 180 days thereafter to remove any such facilities from Grantor's lands. Grantor hereby grants Grantee a license for the limited purpose of access to and from the Easement Area to remove Grantee's facilities therefrom for a period of 180 days following the termination of this Agreement. This easement shall be binding upon and inure to the benefit of successors-in interest, permittees, hcensees, or agents of Grantor and Grantee. The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 ofthe Business andProfessions Code, State of California. Dated Prepared by: GAM Checked: Date: May 27, 2014 Ttm CITY OF CARSLBAD, a municipal corporation By: Name Steve Sarkozy (print name) Title: ^'^V Manager By: Name:_ Title: Xprint name) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of G(XV^~^\ ^^^O On 4.Z^.l4 personally appeared before me. (7_3 (Here insert namek.aJ>d title ofthe officer) 3 who proved to me on the basis of satisfactory evidence to be the person(S) whose name(X) is/ar© subscribed to the within instrument and acknowledged to me that he/she/feey executed the same in his/hef/feeir authorized capacity(ies), and that by his/h^iieir signature(is) on the instrument the person!^ or the entity upon behalf of which the person('s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal MORGEN FRY | Commission # 1918442 I Notary Public - California 3 Signature ofNotary Public (Notary Seal) San Diego County - MyComm Expires Dec 24,2014 j ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Docuinent Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in Ihe nolary section or a separate acknowledgment form must be properly completed and altached to Ihat docmnent. The only exception is if a documenl is to be recorded outside of Califomia. In such instances, any allernative acknowledgmetU verbiage as may be printed on such a docutnent so long as the verbiage does nol require the nolaiy 10 do something tliat is illegal for a notaiy in Caiifomla (i.e. certifying ihe aulhorized capacity of the signer). Please check the document carefully for proper notarial wording and attack this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before fhe notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/thoy, is /are) or circling the coirect forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area pennits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the coimty clerk. •;• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different docuinent. • Indicate title or type of attached document, mmiber of pages and dafe. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com rmi air "A" I Qco^ is j::caa <•- I noo joir-ai-i- t/3 < O O UJ t: CO Li_ tOfO CO <N U3 o o ro d O t-cn EXi+iBiT""A