1973-234305 7B ,73=-'2.34305 r
X115 FILE/PACE"N0.
BOOK 1913
TRANSFER TAX NONE RECORDED Rf,OUESTOF
SAN GIGO GAS SAN DIEGO GAS & ELECTRIC C0.
' Auc 21 9 41 AM 'N
OFFICIAL RECORDS
MAIL TO SAN DIEGO COUNTY-CALIF.
SAN DIEGO GAS & ELECTRIC CO. HA RECORDER°0N
P. 0. BOX 1&"I
SAN DIEGO, CALIFORNIA, 92112 92388
ATTN. OF J. C, KENNEDY
ELECTRIC EASEMNT
THIS AGREEMENT, made this 31st day of July 19^ 73
by and between AVCO COMMUNITY DEVELOPERS, INC. , a corporation
hereinafter called "First Party". and SAN DIEGO GAS & ELECTRIC COMEANIl, a
corporation, hereinafter called "Second Party".
W I T N E S S E T H
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WHEREAS, First Party is the owner in fee simple of:
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That portion of Lot 24 of Rancho Las Encinitas,
in the County of San Diego, State of California, according
to Map thereof No. 848, filed in the office of the County
Recorder of said County of San Diego, described in a Deed
recorded July 22, 1969 at Recorder's File/Page No. 130540
Of Official Records of said County of San Diego; and
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WHEREAS, First Party has constructed or is about to construct and is or
will be the owner of a system of underground electrical ducts,
transformer gad __ and low voltage
electrical conductors (hereinafter called electrical system), located or to be lo-
cated as shown on the plan marked Exhibit "A", attached hereto and by this reference
made a part hereof, which electrical system First Party caused or will cause to be
constructed upon and within its said hereinbefore described property and the street
adjacent for the purpose of providing a means through which Second Party mi ght supply
electrical service to First Party and/or various lessees and/or tenants of First
Party on its said property; and
WHEREAS, Second Party has installed or will install within the ducts,
_ and upon the transformer pad _ of
First Party's said electrical system, various high voltage electrical cables,
transformers, switches and other miscellaneous equipment (hereinafter called
electrical facilities), owned by Second Party, and used by it to supply electric
energy to First Party and/or lessees and/or tenants; and
•
WHEREAS, the Parties hereto are mutually desirous of establishing the
several rights and responsibilities of the Parties as to the ownership, opera-
tion, replacement, maintenance and repair of the Parties' respective electrical •
system and electrical facilities.
NOW, THEREFORE, for and in consideration of the covenants hereinafter
contained and the mutual benefits to be derived thereby, the Parties hereto do
agree as follows:
1. First Party does hereby grant to Second Party the right and ease-
ment to install, place, replace, operate, maintain and repair, within and along
First Party's said electrical system, Second Party's said electrical facilities,
and First Party further grants to Second Party the right of ingress to and egress
from First Party's said electrical system at such places and in such manner as
may reasonably be necessary for Second Party's purposes.
2. First Party Agrees that it will be at its own expense maintain in
good operating condition its said electrical system.
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3. Second Party agrees that so long as First Party complies with each
and all the conditions tin its part, to be performed, it will at its own expense
(in accordance with its pertinent rules and regulations on file with the Public
Utilities Commission of the State of California), install, operate, maintain and
repair, within First Party's said electrical system, Second Partv's said electrical
facilities.
4. First Party agrees that it will save harmless Second Party from all
liability or damages to persons or property arising from or growing out of the
installation, operation, replacement or maintenance of Second Partv's said eltc- •
trical facilities as described, except liability or damages arising from the
sole negligence of Second Party, its agents, employees or independent contractors.
5. The Parties expressly agree that this agreement shall be binding
upon the successors and assigns of each Party.
IN WITNESS WHEREOF, the Parties hereto have executed this agreement
the day and year first above written.
•
Executed in the Presence of:
Witness •
AVCO COMMUNIT`i' DEVELOPER y,'.;t''•�s�°' ,
a corporation
By
tAN
T VICE�P�R SIDEN *.
B y o
>
SE CRET Y
First Party"',,
ATTF�S :j SANf�IEGO GAS & ELECTRIC COMPANY,
a r oration
Secretary By /tom vim,
t ` c Senior Vice President
`.�✓. .�`s„;`i \\.' "Second Party”
'.a; DR°AFIN 3BY.J0zle5........
CHECKED BY............ .
SKETCH NO....:-........
DATE...7-�3-73...... ..
MOPAC NO..4AZ37-P.3...
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CORPORATION FORM ►
STATE OF CALIFORNIA )
ss .
COUNTY OF SAN DIEGO )
ON THIS
31st day of ' 19 7,1, before
me, the undersigned, a Notary Public in and for said County and
State, residing therein, duly commissioned and sworn, personally
appeared J. Brian O'Donnell , known to me to
be the Assistant Vice President and Jeffry L. Puryear ,
known to me to be the Assistant Secretary
of AVCO COMMUNITY DEVELOPERS, INC. ,
the corporation that executed the within Instrument, known to
me to be the persons who executed the within 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.
WITNESS my hand and official seal.
:... OFFICIAL SEAL
Glenn A. Smuts otary Public in an for said ounty and State
NOTARY PUBLIC . CALIFORNIA
kx PRINCIPAL OFFICE IN
T�
SAN DIEGO COL14r Glenn A. Smutz
My Commission Expires Jung 2, 1976
STATE OF CALIFORNIA,
ss.
County of San Diego
ON THIS-1-0th-day of Augus+. A.D.,19---73-,before me,the undersigned,a
Notary Public in and for said County and State,residing therein, duly commissioned and sworn personally appeared
R. E. Morris ,known to me to be the Senior dice President, and
.T_ A- Graham , known to me to be the Secretary of San Diego Gas & Electric Company
the corporation that executed the within instrument,and known to me to be the person s who executed the within
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 C,r WITNESS,gW `
WHEREOF,I have,,4 r�,et my hand and affixed my official seal the day and year in this certifi-
cate �e R1TLL�c " '��••1-F4 z...
tEE BLANAS
N"i A R^r P u is L A C r
,{ (S l)
i
r ! S Princlp-11 office,Son DiB o Co.CBIIY
MY Commission Expires November 5,1976 Notary Public in and for said County and State
CORP EMENT••
FORM 111-1740
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BEFORE EXCAVATING CONTACT
GAS ENGR, PHONE 232.4252
RHO LAS ENCINITAS MAP 848
POR LOT 24
ELECTRICAL SYSTEM IN WHICH �' / TRaRSFDRM R QD
%.{ "FIRST PARTY" GRANTS
EASEMENT TO "SECOND PARTY" 35
------ l PUMP
OWNER: AVCO COMMUNITY I
DEVELOPERS INC.
[ 7-22-69 130540
Fit TUR\DUNT`
/\ D
REF: V-509
U G ELEC
TB 25-C4
MOPAC 42737-03 E X H I B I T " A "
REVISIONS SAN DIEGO GAS &ELECTRIC COMPANY
NO, DATE BY APP'D SAN DIEGO,CALIFORNIA
VILLAGE PARK #7 (SEWER PUMP)
OLIVENHAIN
DRAWN BY: SCALE: DATE: 3 REvA
RJW OK: DRAWING NO.;
OA TO INSTALL: DATE:
i
cc—ono.: 322— 695 _ _0 _$ 241 1
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