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1973-234306 l 3B 73=2343Q0"� 050 FILE/PAOE NO, 0009 19733 RECORDf:D Rf OUEST OF TRANSFER TAX INOW SAN DIEGO GAS & ELECTRIC CO, Ed;O rA AuG ZI 9 41 AN'13 OFFICIAL RECORDS SAN DIEGO COUNTY.CALIF, MAIL TO HARLEYF.BLOOM SAN DIEGO GAS & ELECTRIC CO, RECORDER P. 0. BOX 1831 92389 S6.o0 SAN DIEGO, CALIFORNIA, 92112 RIGHT OF WAY ATM OF J. C. KENNEDY —_AVCO COMMUNITY DEVELOPRRS, I rr, •_S. nnrpnrq{-`ju hereinafter called "Grantor", for valuable consideration, grant(s) to San Diego Gas & Electric Company, a corporation, hereinafter called "Grantee", an easement and right of way, upon, over, under and across lands hereinafter described, to excavate for, place, lay, construct, operate, use, maintain, repair, replace, reconstruct and/or remove at any time and from time to time, for the transmission and distribution of ELECTRICITY • for all purposes for which it may be used, underground facilities consisting of conduits, manholes, handholes and junction boxes with wires and cables placed therein and aboveground structures consisting of pads, transformers, and other • aboveground structures necessary for the operation of said underground facilities and all miscellaneous equipment and material connected therewith, together with the right of ingress thereto and egress therefrom, to and along said facilities, over and across the Grantor's land situated in the County of San Diego , State of California, and more particularly described as follows: That certain strip of land 30.00 feet in width, lying within Lot 24 of Rancho Las Encinitas, according to Map thereof No. 848, filed in the office of the County Recorder of said County of San Diego, the Southerly line of said strip of land being particularly described as follows: Commencing at the Southeast corner of Lot 335 of Village Park Unit No. 8, according to Map thereof No. 7479, filed in the office of the County Recorder of said County of San Diego; thence along the boundary of said Village Park Unit No. 8 South 91 12' 04" East, 30.00 feet to the TRUE POINT OF BEGINNING of the line herein described, said TRUE POINT OF BEGINNING being a point on the arc of a curve concave Southerly, having a radius of 400.00 feet; thence from said POINT OF BEGINNING I � y X51 ► Easterly along the arc of said curve through a central angle of 60 43' 34", a distance of 46.96 feet; thence ! tangent to said curve North 870 31' 30" East, 409.08 feet to the beginning of a tangent curve concave Northerly having a radius of 300.00 feet; thence Easterly along the arc of said curve through a central angle of 120 51' 55" a distance of 67.36 feet; thence tangent to said curve North 740 39' 35" East, 132.80 feet to the beginning of a tangent curve concave Southerly having a radius of 300.00 feet; thence Easterly along the arc of said curve through a central angle of 321 13' 25" a distance of 168.72 feet; thence tangent to said curve South 73° 07' ► 00" East, 25.25 feet to a point in the Easterly boundary of the land conveyed to Avco Community Developers, Inc. , by Deed recorded July 22, 1969 at Recorder's File/Page No. 130540 of Official Records of said County of San Diego. The sidelines of said strip of land 30.00 feet in width shall be lengthened and/or shortened so as to terminate said sidelines in the West in the Easterly boundary of said Village Park Unit No. 8 and in the East in the Easterly line of said land described in Deed recorded July 22, 1969 at Recorder's File/Page No. 130540 of said Official Records. • The said easement and right of way in the aforesaid lands is more particularly described as follows: The above described property. _2_ II III h 1 I 3B 1352 Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure, plant any tree, dig or drill any well, within the limits of said easement and right of way. Grantor shall not increase or decrease the ground surface elevations within the boundaries of the said easement and right of way existing at the date of execution of this instrument, without the previous written consent of the Grantee. Grantee shall have the right to trim and cut trees, foliage and roots upon and within said easement and right of way whenever in Grantee's judgment the same shall be necessary or proper for the convenient and safe exercise of the rights herein granted. The terms, covenants and conditions of this easement and right of way shall be binding upon and inure to the benefit of any heirs, executors, administra- tors, permittees, licensees, agents or assigns of Grantor and the successors and assigns of Grantee. • IN WITNESS WHEREOF, the Grantor AVCO executed this instrument this 31st day of July 14 73 • Executed in the Presence of: Witness AVCO COMMUNITY DEVELOPERS,;alN��f�;; a corporation } SISTANT VIC4 PRE IDEi4_T. ` a' $y A SI AN SECRETARY `(J-`/;*'_---....--'--*-_ '=r;' ':.`l (. DRAWN BY.JXPt P....... CHECKED BY.tP-9 S�:.... SKETCH NO.. .... DATE..7-.2a--7 3..... ... MOPAC N0427�7-Q3 -3- i r CORPORATION FORM STATE OF CALIFORNIA ) ss . COUNTY OF SAN DIEGO ) • ON THIS 31st day of July , 19 73 , 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. Smutz NOTARY PUBLIC •CALIFORNIA Notary Public in and for said C ty and State PRINCIPAL OFFICE IN • SAN DIEGO COUNTY Glenn A. SmutZ Aly Commission Expires June 2, 1976 i I I C 1 i f I I4I4 I f