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HomeMy WebLinkAboutCT 84-35; SAN DIEGO GAS & ELECTRIC CO.; 85-465323; Easement-1 1 . .: ,Recording Reques t.cmy c &mu .. /"T x""-.- - "h-" t.,&xliii'&n. IN i 8, i GF' >j\Q Gj5;:;f) $-..:;.-i",. r_<. r3fTtl.. r.&T- JjF i.'t"Z%!~$ t ?' 1385 DEC I 0 PM 2: 02 - 4 City Clerk, City of Carlsbad - "4 tiir 2, b,,.??,i When Recorded I I LCOUHTY VERA RiCORDCRI t LYLE Mail to: .City.-@.f Carlsbadi. -'.! * 1203 Elm Avenue . . Garlsb,ad, CA 92008 -.". NO FEE SPACE ABOVE FOR RECORDER'S USE CT 34-35 Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY NIL -TB t - GRANT OF EASEMENT SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Grantor", for .laluable consideration, grants to the CITY OF CARLSBAD, a municipal corporation, hereinafter called "Grantee", an easement and right of way for public street and storm drain 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: PARCEL 1: An easement 60.00 feet in width for a public street and storm drain lying within Lot "J" of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, the center line of which is described as follows: @-r> Beginning at a point on the Easterly line of the land conveyed to San Diego Gas & Electric Company by Deed recorded February 14, 1968 at Recorder's File/Page No. 25445 of Official Records of said County of San Diego; distant thereon South 05O 57' 27" East (record South 06O 29' 30" East per Deed), 113.60 feet from the Southwest corner of Carlsbad Tract 74-14(A), according to Map thereof No. 8585, filed in said County Recorder's Office; thence South 84O 02' 33" West, 34.00 feet to a point herein designated Point "A"; thence continuing South 84O 02' 33" West, 116.00 feet to a point in the Westerly line of said San Diego Gas & Electric Company's land; said point being a point on the Easterly prolongation of the center line of Valewood Avenue, as shown and delineated on the Map of El Camino Mesa - Un,it No. 5, according to Map thereof No. 6693, filed in said County Recorder's Office. The sidelines of the above described easement shall be lengthened and/or shortened so as to be continuous and terminate in said Westerly line of San Diego Gas & Electric Company's land. -1- r "%* A -Yt W 1 I61 m 0 PARCEL 2: An easement 20.00 feet in width for a storm drain lying within sa Lot "J", the center line of which is described as follows: Commencing at said Point "A" described in Parcel 1 above; thence North 05O 57' 27" West, 30.00 feet to the TRUE POINT OF BEGINNING of the center line herein described; thence continuing North 05O 57' 27" West, 30. feet. PARCEL 3: An easement 20.00 feet in width for a storm drain lying within s, Lot "J", the center line of which is described as follows: Commencing at said Point "A" described in Parcel 1 above; thence South 05* 57' 27" East, 30.00 feet to the TRUE POINT OF BEGINNING of the center line herein described; thence continuing South 05O 57' 27" East, 30 feet. Grantee, its successors, assigns, agents or contractors, shall be res for any damage to Grantor's existing facilities occasioned by or arising from t struction, operation or maintenance of Grantee's facilities within said Grantor property. Grantee covenants for itself, its successors, assigns, agents or cont 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 star engineering practices. Grantor reserves unto itself, its successors and assigns, the right t subsurface, surface and airspace thereover, of the hereinbefore described easen right of way, for the installation of such facilities as it shall now or in the deem necessary. Such rights shall not be exercised by Grantor, its successors assigns, in such a manner as to be unreasonably incompatible with Grantee's installation. Grantee shall at all times indemnify and save harmless Grantor again: in full any and all loss, damage or expense that Grantor may sustain, incur or liable for, resulting in any manner from the construction, maintenance, use, s' repair or presence of Grantee's facilities installed hereunder and all necessa: proper fixtures and equipment for use in connection therewith, including any SI damage or expense arising out of the (a) loss or damage to property, and (b) i! or death of persons, including the defense of any action arising therefrom. Grantee covenants for itself, its successors and assigns that should discontinue use of this easement for the purposes set forth herein, then all r granted in this easement shall terminate and Grantee, upon receipt of written shall execute and deliver to Grantor a good and sufficient Quitclaim Deed to a herein granted. -2- I* ;- * .. , ' 1446 e Grantor, its successors and assigns, shall not be required to bear an] of the cost of construction, maintenance, alteration, repair, replacement, reloc removal of Grantee's facilities installed within the easement herein granted. The terms, covenants and conditions of this easement and right of way binding upon and inure to the benefit of Grantor, its successors and assigns, a] Grantee, or in any other or altered form it may assume. IN WITNESS WHEREOF, the said San Diego Gas & Electric Company has caul Instrument to be executed in its corporate name by its officer thereunto duly a' this 17 day of Q<-~;&Y , 19kZ. SAN DIEGO GAS & ELECTRIC COMPANY, a corporation . B E. M. Gabrielson, Manager Land & Environmental Department Drawn McGu i r e Checked ,&~C&? Date 10/11/85 A.P. No. 167-090-33 S.B.E. No. 141-37-82, Par. 5 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. @ ;.*' ~ f' 1 ! 1 ,/ 1. 'i -! 1, ,*< ,+$ 'uuL~uv/ ; .. .'/:"?,'A , before me, the undersigned a Notary Public in and &;-said State,' personally appeared E. M. Gabrielson, personally known person who executed the within instrument as Manager, Land & Environmental Department, on behalf of San Diego Gas & Electric Company, the corporation therein named and acknowledged to me that instrument pursuant to its by-laws or a :.; ,&7?% l"J"i:;;2 ?;%E PG,CCc! resolution or its board of directors. ;: i ,I t: , .',;-b' j.,: ..., p3\ tl?T$,;<y Y:("!C. i2L:i3Ml WITNESS my hand and official seal. ' to me (or proved to me on the basis of satisfactory evidence) to be the such corporation executed the within ,,.~~~~~~~~~~~~~~~?'cH~~~~76pB*' ,>i$tQ!!& :SAL ,:: ! , '.'.,, , ; . "'.. 1 .I"." pD!yscIPIIL W!CE IN s3,,t.l OhC9 ccs'h- ;; ' p~;<.?:{:~:;~c,. , ,I %!* tcprnissita BD. RZY 22, I . ,' .' .:. y 8 . \.. ,. , 1. :.? I. . *, +&$V, c vy,:;, :!, '';!';:, I &* ~ pc "YY y1 4 ~~~~~~~~~~~~~~~~~~~~~~~~~~ , ,. . . .. /; 'I> : ;7 Signature ( s pvy~~,, . -. ' .d.:**, + '.L '*& ,+? t JL -3- I s. 4 ' 1,. B&i5 OF &EA!/MGS; 8 arH BmMDAflf OF CARcS8.40 7f4Cr 74-/#4 MAP 8585 A?.' N&*5?'#7'?E f/Gl//l= OF- WAY D54/<4nQ+ 1-1 ., . .. . .. . , . PLAI .m /LLI/s Tf#T€ f/6MFd WAY D€Q/CAT/UM Of V!LE@4 AVCflU& FOf FALDN C//cLS GI r 04-35 a 9 -4 .. . .. i' ", e I) * - I448 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated October 17, 1985 from San Diego Gas & Electric Company to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbt California pursuant to resolution NO. 8282 , adopted on December 3, 1985 , and the grantee consents to the recordation thereof by its duly authorized officer. - DATED : December 4, 1985 By : &/&A ALETHA L. RAUTENKRANZ, CityjCl