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Home My WebLink AboutCT 74-04; SAN DIEGO GAS & ELECTRIC CO.; 78-269462; Easement.. > ". * _2300 1 ' ' RECO'RDING REQUESTED BY City of Carlsbad AND WHEN RECORDED MAIL TO: I City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 JU# 28 9 3% -ai O:=FI::IAL fiEcflgt SAH ?!&y p&&YY, c kR;tL$;y F, &{,fsc)k RECUR&f$ ." I 4UM 2 8 1978 SPACE ABOVE FOR RECORDER'S USE---- DOCUMENTARY TRANSFER TAX $".?%""..." GRANT OF EASEMENT SAN DIEGQ GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Grantorll, for valuable consideration, grants to the CITY OF CARLSBAD, a municipal corporation in the County of San Diego, State of California, hereinafter called "Grantee", an easement and right of way for road purposes and incidentals thereto, through, over and across Grantor's land situated in the City of Carlsbad, County of San Diego, State of California, described as follows: That portion of Lot "J" of Rancho Aqua 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, November 16, 1896, conveyed to San Diego Gas & Electric Company by Deed recorded January 15, 1968 at Recorder's File/Page NO. 7140 of Official Records, lying within the following described boundary lines: Commencing at the most Northerly corner of Lot 285 of Carlsbad Tract 72-21, Unit No. 1, according to Nap thereof No. 7651, filed in the office of the County Recorder of said County, May 31, 1973; thence along the procedure of survey boundary as shown on said Map, South 57" 16' ,23" East, 2260.91 feet (record South 57O 16' 47'' East, 2261.09 feet) to an angle point therein, and South 05O 58' 34" East (record South 05O 59' 03'' East), 1003.16 feet to an angle point; thence continuing South 05' 58' 34" East, 61.97 feet to the TRUE POINT OF BEGINNING, said point being in the arc of a non- 2-9 - - . 8301 tangent 558.00 foot radius curve concave Southeasterly, a radial line to said point bears North 29O 04' 44" West; thence Southwesterly along the arc of said curve through a central angle of 0lo 12' OO", a distance of 11.69 feet; thence tangent South 59O 43' 16' West, 157.84 feet to the Northeast corner of Lot 41 of Carlsbad Tract 76-2, according to Map thereof No. 8581, filed in the offi'ce of said County Recorder May 24, 1977, being a point on the Westerly line of said San Diego Gas t Electric Company's land; thence along the Westerly line of said San Diego Gas & Electric Company's land being also the Easterly line of said Map No. 8581 North 05O 59' 55" West, 25.18 feet (record North 05O 58'10" West, 24.14 feet) to the Southeasterly line of Elm Avenue (formerly Appian Road) 40.00 feet in width, as shown on Road Survey No. 745, filed in the office of the County Surveyor of said County; thence along said line North 59' 58' 49" East (record North 59' 11' 30" East) 107.34 feet to the beginning of a tangent 380.00 foot radius curve concave Southeasterly and Northeasterly along the arc of said curve through a central angle of 09O 03' 12", a distance of 60.04 feet to a point that bears North 05O 58' 34" West from the TRUE POINT OF BEGINNING; thence South 05' 58' 34" East, 19.30 feet to the TRUE POINT OF BEGINNING. ,.< . Grantee, its successors, assigns, agents or contrac- tors, 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. -2- ~~~~ ~ ~~ ~- -c lr .. . ., e 0 7 ” 362 Grantor reserves unto itself, its successors and assigns, the right to use the subsurface, surface and air- space thereover, of the herinbefore 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, in- cluding any such loss, damage or expense arising out of the (a) loss of 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. -3- -e 1, .. .. e 0 ' bI *' . ; 30:$ 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 grantel Grantor, its successors and assigns shall not be required to bear any portion of the cost of construction, maintenance, alteration, repair, replacemet, relocation or removal of Grantee's facilities installed within the easement herein granted. Grantee shall at all times provide vehicular access to Grantor's property lying Southerly of the above described road easement. The terms, covenants and conditions of this easement and right of way shall be binding upon and inure to the benefj of Grantor, its successors and assigns, and Grantee, or in an: other or altered form it may assume. IN WITNESS WHEREOF, we have hereunto set our hand this zv day of ,.&%?/k , 19zK _. . . .. II. . . ,,.<" .,I . I . _.. ,> .<,- . .d.. ATTEST : :> ,- ..j < I, _. 2. ,,,.-- .,: .. - , .,. , ; ; <g: ,\,?ill4 ?!irs. 8'? Bick.ley"- , i 1 c;.tc?':-:-! :>I' 7, rp j ',. : ,~l"r.i'.r; .:;-.T-1600-1 1 ' '. -.t?;,;.;;%.;- , .__ i -;- 11/21/77 i i 0A:c ""_"_". ""_" I ; MQPAC 80. "_"_ ,- "",_ ~ .. o. .. -...*,a. .. . ~sL.*~.l_~-~ ~'i .&I...-' _._____. { .. _. , , ., ., ' f .,> 1 L~LL z_. 1 ;;L'. -.- - ._ .- .- -___ i K/W's 31542, 45742 & 45744 -* 4 . ., . .* .> 4. 0 1' 2.'. 3 0 & .LA e SAN DIEGO GAS & ELECTRIC COMPANY FORM STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) ss. ON THIS 28th day of April , 1978, 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 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. Karnes , known to me to be Instrument, on behalf of the comoration therein named, and WITNESS my hand and official seal. k!OTARY PUBLIC . CALIFORNIA Principal Office, San Dlega 60, Call!, My Commission Exp. July 25, 1081 - ** ML39rAtlVP2? /2PM/MGE i 1 =A7 713 /LLLvrf7P347K 1 //&A pz8ez/pnzA/ / L7/r 44 P&P7/&M PLANNERS- .CIVIL ENGINEERS- ELM . RyE%t/vE 1 RICK ENGINEERING CC 5620 FRIARS ROAD SAN DIEGO, CALIF0 3088 PI0 PIC0 DRIVE, SUITE 202, CARLS SAN DIEGO-(714)291-0707/ CARLSBAD-(7 SCALE:/$^' I DATE:&^^/^ P