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Home My WebLink About; GARBER, WILLIAM F. & ION L.; 41719; Easement>- ' 4'3" "_ . . .. 'a " -. c . ... : (21-ms) i, E-ASEMENT """" We, William F. Garber and Ion L. Garber hereinafter called the "Grantor", for valuable consideration, receipt whereof is hereby acknowledged, do - herkky grant to the City of Carlsba hereinafter called the "Grantee", the nm-exclusive easement and privileg of placing, constructing, repairing, maintaining and using a sewer pipeli and all necessary and proper underground fixtures for use in connection therewith, upon, along and under the hereinafter described easement, toge with the right of ingress thereto and egress therefrom by a practical rou or routes, over and across the Grantor's land situated in the County of S Diego, State of Califarnia, and more particularly described as follows: The Westerly 75 feet of the Easterly 300 feet of Lot 6, in Block "D" Bella Vista, according to Map thereof No. 2152, filed in the Office c the County Recorder of San Diego County, the side lines of said prope being parallel with the Easterly line of said Lot 6, said 300 feet be measured at right angles from the Easterly line of said Lot and said feet being measured at right angles from the Westerly line of said Ek erly 300 feet. Said easement in the aforesaid lands shall be 15.0 feet in width, bej 7.5 feet measured at right angles, on each side of the following describe center line : Beginning at the Southwesterly corner of the above described propert3 Thence from said point of beginning Northerly along the Westerly line said property a distance of 35.94 feet to the true point of beginning the center line to be described; Thence from said true point of beginning Easterly in a straight line distance of 75.03 feet, more or less, to a point on the Easterly lint of said property, said point being Northerly along said Easterly lint distance of 52.56 feet from the Southeasterly corner of said propert: -2-. ./--";. 79 .. .. .. * 3 4 ,..2 r *, . 9 , ., q, . -2- Grantor also grants to Grantee the right to use as a temporary working strip during initial construction of Grantee's sever pipeline, a strip of land 15.0 feet in width adjacent and contiguous to the northerly boundary of the above described sewer pipeline easement; the right to use said temporary working strip ceasing and being terminated at such time as said initial construction is completed, and Grantee agrees by the accepta hereof that upon completion of said initial construction that it will res the surface of Grantor's property, wherever distrubed, to the condition s elevation at which said surface exists at the time of commencing construc of Grantee's sewer pipeline, excepting the portion of Grantor's property permanently altered by embankment construction as hereinafter provided, E excepting the graded portion of the hereinbefore described temporary worl strip whereon restoration of the ground surface to its original elevatiox and condition may be impracticable because of existing slope. Grantor also grants to Grantee the right to install a protectil embankment of concrete or stone to control tidal ersoion of the existing line and prevent damage to the Grantee's sewer pipeline; the northerly boundary of which embankment shall not be higher than 5.0 feet above Meal Sea Level, U.S.G.S. Datum, and which embankment shall be constructed and surfaced in such manner and at such slope as not to impede Grantor's rea access to the adjacent waters of Agua Hedionda Lagoon for boating or othl purposes; the location of the contour 5.0 feet above Mean Sea Level bein, shown on Sheet 3, Drawing No. 133-9A of the "Agw Hcdionda Sewer Right o Map", dated November and December, 1961, and filed in the Engineering De rnent of the City of Carlsbad; it is specifically covenanted by Grantee t nothing contained in the hereinbefore described provision for constructi by Grantee of said protecting embankment shall prevent Grantor, or their cessors and assigns, from filling or construction upon, over and Souther from said embankment to make use of Grantor's property lying Southerly f said embankment, and it is further covenanted that if Grantor, or their successors and assigns, does fill or construct upon, over and Southerly from said embankment to the extent that Grantor's filling or constructi serves to protect Grantee's sewer pipeline from erosion damage, then and that event Grantee's interest in, right to install and maintain said prc ing embankment shall cease and terminate. , ** ,,& ,e -4 >, (I, - -3- Grantor expressly reserves the right to install, and/or to grant easements to install, across, upon or within aaid pipeline easement, utill roadways, and other facilities necessary or convenient for Grantor and Grantor further reserves the right to use the easement and embanknlcnt are: any other manner not incompatible with the rights conveyed herein to Gran: provided, however, that Grantor and their successors in estate shall not t or construct any building or structure of a permanent nature, or plant an; tree, within the limits of the hereinbefore described sewer pipeline ease: which would interfere with reasonable and proper use of said easement by Grantee for the purposes for which it is herein granted. The easement hereby granted shall be superior to any and all ot easements granted or established, and Grantee shall be entitled hereunde disconnect and/or remove any and all other fixtures of any type whatsoeve installed pursuant to any such subsequently established easements from th easement herein granted whenever it shall be reasonably necessary to do s in order for Grantee to enjoy and use' its rrghts herein peated. Grentec sustain no liability to Grantor, his successors or assigns, or the owners any such subsequently granted or established easement by reason of any SL reasonably necessary disconnection and/or removal, and shall sustain no obligation to replace or repair any such fixtures following such disconnc or r emova 1. The herein conveyed easement shall cease and terminate upon tl: non-use and abandonment of same for a period of two years; and in such eT the Grantee shall forthwith quitclaim to the Grantor, or their successor: assigns, all rights herein without any charge to Grantor for such quitcl: IN WITNESS WHEREOF, the Grantor exec tx these presents this 13~ day of LJA , 196 4-4. c/ fl - I: :, ./ " i' j .: ,.. , :a .' 7 / !j.,J* & */- . ;, j,, j t //a&-q " I-. - I' I i4a & e/+ /- - Wfl7L $- ,)c qpK. L..L:&/i// ll , L + i." f4 ,e ' * -m -4- (1. 6 8' STATE OF CALIFORNIA CCUNTY OF ss. Wore me, the undersigned, a Notary Public in and for said County and State, personally appeared - /&A29 ,f. /.-&md&, r-3 .A -Y. known to me to be the person (s) whose nnme( s) i8 (are) subscribed to the within instrument and acknowledged that 3 ;""""""""" '.~.......~...,~.~~~~.~,~~~..~..,~..,~.~~...~ ...,............" executed the sane. OFFICIAL SEAL (seal) MARY A. WlLKlNS P NOTARY PUBLIC- CALIFORNIA PRINCIPAL OFFICE IN (.........11..1.*,1,..1111(((....11.1111,~.~~~~~.~,,~ SAN DIEGO ,,.., l..)ll COUNTY ..,,,, l.,l,l,(l,l(l I..I( MARY A. W!LKfNs MY Cbmmission Expires Oct. 19, 1967 " CERTIFICATE OF ACCEPTANCE 'Phi@ ia to CeFtlfy that the intTerest in real prc d.a.t:ef.: -13, /Y Y , ~ron &LE+ ZQ~ L 6 nanvs:t!?d by/- F if- .!.,? .Lk T p .: .I"r ,. .p . d. , . L ?;.l*'.l ':h7,d., . 3. ??:'.:.+:-$( o?;atit:? ;,> ' /.-r I;,?- ..:..>-- 3; ?,I q-r.? . ;.I.. . ., .f\: . 7. . , I: by QT:~G~- of ,I.],l C; i;;:, ,.,?'c~cil of i,:-.q <-:*:.!q9;r 7.F ., the /gk ,$a;: af f~y 1 /q& f , an J :. i: .: .r pk-.;v<,.- ". -~,> >. .: to recordation thereof by its dciy a;i.&orized oi .. . , ., .. I , .._ DATE3 : T!&T $6 I '' 9' .. . ., .. . ..: CITY OF CARLS3-A& -. dFL City dlerk lb @. ' . .. . .. "LA c -k.*,.A r: i; 932 q FIWAGE NO ..___I___L. -, RECO ED AT REQUESTJf IW.I"U, f*." * ;) SAN DlEGO COUNTY, C LIFORNIA OFFICIAL RECORDS A. s. GFAY, cgurm I~GORDER ' *% .*' 8 I. I, !X (I .. Gb L --"--"" - .: 79 .q&t/: 7/7,E - CCX 23.; I EASfMENT WAS '29' C 3065 Rosecrans C/ ;r :I/ OF- CAt6L35,4D ASSOCIATED EN( AC 4-2461 A GyA ;&E.LI,.?G,WLM S ,E b/v ER San Diego 10, Cal ,q/~,q T QJr /,+g';/ PLA T ,lyJ 2 2/ Drawn byTkrN DateIb30-5 Approved "I__ Dare&< b i