HomeMy WebLinkAbout; ATCHISON, TOPEKA & SANTA FE RAILWAY CO.; 73-240995; Easement,kc .. " m I810
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< 'I .!. Cahen recorded, return to: CITY OF CARLSBAD 1200 'Elm Avenue Carlsbad, Ca. 92.008
(Recording requested by:
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EASEMENT
FROM
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO
CITY OF CARLSBAD
Covering certain real property
situate in zhe City of Carlsbad,
County of San Diego, State of
California.
Dated July 16 1 1973 - .
ASSESSOR'S PARCEL NUMBERS: 214-150-11 and 12
214-171-12
w 131.1 QOCUM fro! ARY TRANSFER TAX $ _...__.....-, A*
EASEMENT, Made this 16th day of July ... I
1973, from THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY, a Delaware corporation, herein-
after called "Santa Fe," first party, to CITY OF
CARLSBAD, .a California municipal corporation,
hereinafter called "City, I' 'seCohd p'ar.ty.
IN CONSIDERATION of the sum of Ten Dollars ($101, lawful
money of the United States of America, to it paid, and of other
good and valuable consideration, the receipt whereof is hereby
acknowledged, Santa Fe hereby grants to City an easement for the
construction, maintenance, operation, inspection, repair and re-
construction of a sanitary sewer line and appurtenances (herein-
after called "Sewer Line") through, under and across those certain
two parcels of land in the City of Carlsbad, County of San Diego,
State of California, being a portion -of The Atchison, Topeka and
Santa Fe Railway Company's 200 foot wide right of way in Sections
28 and 29, Township 12 South, Range 4 West, San Bernardino Meridian,
described as follows: (Assessor's Parcel Nos. 214-150-11 & 12, and 214-177-12)
'PARCEL NO. 1
A strip of land, 15.00 feet in width by approxi-
mately 5,117 feet in average length, the easterly
line of said strip being described as follows:
Beginning at the intersection of the easterly line of said right of way with the northerly line of Lot 1 of said Section 29; thence South 21°08'15"
East, along the easterly line of said right of way, 3,054.20 feet to a point hereinafter referred to as Point "A" ; thence continuing South 21°08'15"
East along last said line, 2,062.69 feet to the point of'ending in the southerly line of the North Half of the South Half of the Southwest .Quarter of
said Section 28.
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3181 2
The westerly line of said strip is to originate in said northerly line and is to terminate in said southerly line.
Containing an area of 1.762 acres, more or less.
PARC,E,L NO. 2,
A strip of land, 20 feet in width by approxi- mately 200 feet in average length, which lies be- tween lines that are parallel'with and distant
10..00 feet measured at right angles from and on each side of the following described center line:
Beginning at the hereinabove described Point "AI';
thence South 71O21'45" West 200.19 feet to the point of ending in the westerly line of said. right of way.
The side lines of said strip are to originate
in the easterly line of said right of way and are to terminate in the westerly line of said
right of way.
Excepting therefrom, all that portion which lies within the her.einabove described Parcel 1.
Containing an area of 0.085 of an acre, more or less, exclusive of said exception.
EXCEPTING AND RESERVING the right, to be exercised by
the Santa Fe and by any others who have obtained or may obtain
permission or authority from Santa Fe so to do, (a) to operate,
maintain, renew and/or relocate any and all existing railroad
track or tracks, wires, pipes and other facilities of like char-
acter upon, over or under the surface of the premises hereinabove
described; and (b) from time to time to construct, operate, main-
tain, renew and/or relocate upon, over or under -the surface of
said premises additional facilities of the character described
in Clause (a) of this paragraph, consistent with the rights granted
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herein, without in any instance being required to obtain the con-
sent of City the same as if this easement had not been executed.
TO HAVE AND TO HOLD the above described easement unto
City solely for the aforesaid purposes so long as said pre-
mises shall be so used, together with the right to enter upon and
to pass and repass over and along said premises for the purpose
of constructing, maintaining, operating, inspecting and repairing
said Sewer Line, subject, however, to all licenses, leases, ease-
ments, restrictions, reservations, conditions, covenants, encum-
brances, rights and rights of way, liens and claims of title which
may in anywise -affect the said premises, and subject also to the
express conditions subsequent following:
(a) That City shall restore and replace the surface
of, and/or any improvements on, the aforesaid premises and shall
repair any and all damages to the property of Santa Fe, its lessees,
licensees, successors and assigns, upon or adjoining said premises
which is injured or damaged in the construction, maintenance, or
performance of other work on said Sewer Line or by reason of the
presence or use thereof.
(b) That said Sewer Line shall consist of a vitrified
clay pipe sewer line twenty-seven (27) inches in diameter with
twelve (12) eight (8) inch vitrified clay pipe connections and
one (1) eight (8) inch diameter vitrified clay pipe crossing under
Santa Fe's tracks encased in a steel casing pipe. Said Sewer Line
shall be not less than ten (10) feet below base of rails of Santa Fe'
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1814
tracks and shall be constructed and thereafter maintained in a manner
which shall not interfere with the operation of Santa Fe's trains,
locomotives, motors and cars, satisfactory to Santa Fe's Assistant
General Manager-Engineering.
(c) That City shall at all times keep said Sewer Line
in good condition and repair and, should it fail to do so, shall
emit Saaea FQ te mk~ mek FeDairg urmd~~ kh~ drf~~tian af ite
Assistant General Manager-Engineering as he may deem necessary for
the preservation of Santa Fe's property, and in such event City
shall refund to Santa Fe the amount expended therefor.
(d) That City shall adequately protect said Sewer Line
placed upon, through and across the hereinabove described land, as an(
when needed, to permit Santa Fe to lay, maintain, relocate and. operatc
railroad tracks and facilities upon, along and/or across said land.
(e) That at all times during the progress of the work
of constructing said Sewer Line, City shall permit a representative
of Santa Fe to inspect such work, and that such work shall be done in
a manner satisfactory to such representative, and SO as not to cause
any damage to Santa Fe's facilities, and that the type of Such con-
struction shall be subject to the approval of the Assistant General
Manager-Engineering of Santa Fe.
(f) That City, insofar as it may legally do SO, shall
assume and at all times indemnify and save harmless Santa Fe
against and pay in full all loss, damage or expense that .Santa Fe
may sustain, incur or become liable for, resulting in any manner
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from the construction, maintenance, use, state of repair, or pre-
sence of the Sewer Line, including any such loss, damage or expense
arising out of (a) loss of or damage to property, including without
limitation, property of Santa Fe and City, (b) injury to or death
Of persons, or (c) mechanic's or other liens of any character.
(4) That if the premises hereinabove described, or any
portion thereaf, shall cease to be used for the purposes above
stated, then and in that event the easement hereby given shall, as
to such portion or portions as the case may be, thereupon cease
and determine, and Santa Fe, its. successors and assigns, may re-
enter thereon and resume possession thereof the same as though this
easement had not been executed.
Each of the foregoing conditions shall also be deemed to
be covenants which City, ,by its acceptance hereof, agrees to per-
form, and shall be binding upon and shall inure to the .benefit
of the parties hereto, their successors and assigns.
Upon the breach of any of the conditions herein set forth,
then and in that event the easement hereby given shall thereupon
cease and determine and Santa Fe, its successors and assigns, shall
resume possession thereof the same as though this easement had not
been executed.
In case of the eviction of City by anyone owning or
claiming title to or any interest in the premises hereinabove
described, Santa Fe shall not be liable to City for any damage
whatsoever.
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This instrument is given without warranty of title of
any kind, express or implied, and no covenant of warranty of title
shall be implied from the use of any word or words herein contained.
IN WITNESS WHEREOF, Santa Fe has duly executed this
instrument the day and year first above written.
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193 7
STATE OF ILLINOIS )
COUNTY OF COOK ) ) ss.
On this ;,2;/7.?%' day of !)%$;< ., J in the year
one thousand nine hundred and seventy-Tx<~;;, , before me,
T. 1. FEENEY - , a Notary Pub'lic in and for said
County of Cook, State of Illinois, personally appeared
JQrn c.. DAVIS , known to me to be the Vice President
of the corporation that executed the within and foregoing
instrument, and known to me to be one of the persons who
executed the said instrument on behalf of 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.
IN WITNESS WEREOF, I have hereunto set my hand and
affixed my official seal in said County the day and year in
this certificate first above written.
I. L/,,-;-/ " -. ,-
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Notary m'lic in and for&kid
County of Cook a'/*
State of Illinois
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STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
On this Jd& day of f & CY , in the year
one thousand nine hundred and seventy- /fEA , before me,
KaroidD, Srnif!d , a Notary Public in and for said
County of Los Angeles, State of California, personally
appeared TN. D. Bentley , known to me to be the Assistant
Secretary of the corporation that executed the within and
foregoing instrument, and known to me to be one of the persons
who executed the said instrument on behalf of 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.
IN WITNESS WEREOF, I have hereunto set my hand and
affixed my official seal in said County the day and year in
this certificate first above written.
~11~16528~Pll~l~~619E8~~8~R~U~S~~3~~~~~~~~0E~Z~~E~~~~~D~~~ -
I OFFICij5.L SEAL m I¶
HAR3LC D. SMITH :
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NOTARY PU3L!C -CALIFORNIA g
PR!N7tTAL OFFICE IN s - COS ANGELiS COUNTY i
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$!an E>tpiu=s C.S. 14. 1974 i
(SEAL).
Notary public in and for said
County of Los Angeles
State of California
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5 !I \\{SEREAS, the d2sjgn 2nd c~~str~~tj.;n a$ a 27 jzch S~WS~ Ii I! Sij i;y'!;eK 1 T, i ;zE y/iihin 'E,?? ,:tchison, ioptka ,2ni anta ~e 331 iway .. - ...
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711 Conpa~y right of ~ay at F'oo'nszttja Lane x'as nzc2ssitated
811 by the ij,cj.~2p" ,Lsi 1 Lana I" ~nc.-Sg-uoia Pacf-Fic Rsa7cC
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'1 /I 91 devz~opment of SZ~GU:~ Pacific Mobile 2332 park tinit NO. I; a
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I 1 City;
WHEREAS, Occidental Land inc. has secured the easements
necessary for said ffne from said railroad and has subrnitted
X,2 a deed conveying said ea5erneR-t to "the Cjty at no ccrst to the I
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NOW., THEREFORE, BE IT 2ESOL'v'EB by the City Council of: Lh
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Cjty of .Carfsbad, California, as .fo?!ows:
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I. That the abov2 recitations are -i?!;e and correct,
2. rnat the 62ed co~veying an easement to the CiLy 07 5 4 1:
LL' '5< I L>Luc) ~uad - uzzq oE m 18 1 Carlsbad for,the construction, mafntenance, operation, zo m SF a Q<
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0 19 1 fnspection and repair of a sanitary sewer line and appurtenan ?_ 0 X) 1 in 2nd across the Atchison, Topeka and Santa Fe Railway
2111 Ccxgany right of way at Poinsettia tane .is here,by acc2pted,
22 Ij 3. 1 nat the City Clsrk is h~reby allthorized to caus5 -7
231 th2 origizal deed to b2 recorded in the office of the County
24 Ij Recorder of San Diego Co~nty, State of Cafifornia, with a
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1 cert:f?:ed copy or^ tc:s resolutian attached and is directed tc
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*. . I -rcr;~zrd 2 certi-fj2.i ... PC-:: - v ." , of i>fs ;+gsg',utfi2n tc Attorney
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STATE OF CALIFORNIA, )
couvyi ;; syi ;Ere) ym i t h
I, ../ .._..._.._. R.e@.!J..ty _...., City Clerk of tlle C;ity of C;trlst)atl, Connty of San Diego, State of California,
hereby certify that I have colrtparetl the foregoing copy with thc origil~al ..... R.e.s.Q.l ..~c.t.i.Q~.... pnssed and
adoptcsd hy said City C(~nilcil, at .a....Yl.e.g.u.l.a.r.......... nweting tllrrtwf, at tire ti~nr and by the vote tllcrcin
stated,. ?+jg~<,oripin:l~ . ..R eS.0.l .. u..t;.i..O.n.... is now on file in my ofEcc.: t~lat t11e same contains a full. true
and c~)r~~,c.t.tF;ll;i.C.Eil)t tIz:~t*frotn ;rntI of thc wIloIt! thercof. ..
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.<' \vit!;lss. Iny 11ad ant1 t~w scx~ of wicI City of C;trlsl)otI, tlris ...2 4. clay of ___.. A.u.~.u.s.$., .__. 1.9.2.3 .__.______. .. .. ., ,.
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