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1972-164955 J _ 2 `32 164955 a T RECORDING REQUESTED BY FILE/PAGE NO.- ( z _ BOOK 1972 ECOOR F ,DED NEOUEST CITY OF ESCONDI DO �_ PH'�2 JuN 27 4 i` AND WHEN RECORDED MAIL TO TA OFFICIAL RECORDS }: r SAN DIEGO COUNTY-CALIF. NAwa City Clerk . HARLEYF.BLOOM ADDRaaa City of Escondido RECORDER CITY a 100 Valley Blvd. sTATxI Escondido, Ca. 92025 J NO FEE 1 SPACE ABOVE THIS LINE FOR RECORDER'S USE '•- F MAIL TA,[RATiMSNTa TO I, Documentary transfer tax $.=' ................................. NAwe ❑ Computed on full value of property conveyed. or j ADDRISee SAME AS ABOVE ❑ Computed on full value less liens encumbrances ' oo remainin ereo at im f sa CITY 6 /jL aTAT[I J / r �., :�r�-" '....- `•{G °G•• •• •••.• • f% ..................... t Signature of declarant or agent d'eet rmi _•firm namg ❑ Unincorporated area -City of.......'�:�� Q/c .......... s ORIGINAL.PIPELINE DEED SCONDI DOSEWER OITFA I. DOCUMENT NO. 29191A (: L-I f k FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WILLIAM N. NEALE, as Trustee, under Declaration of Trust :( dated September 9, 1971 , i hereby GRANTS to the CITY OF ESCONDIDO a municipal corporation, its successors and ass i gns, z i � An exclusive., permanent and perpetual easement and a temporary construction easement in, upon, over and across the lands hereinafter described for the purpose of locating, =.( relocating, replacing, renewing, constructing, reconstructing, altering, changing the size of, improving, patrolling, operating, cleaning, inspecting and repairing a sewer I pipeline and all appliances, fixtures and appurtenances incidental thereto, for use in connection therewith, for the transmission and distribution of sewage and all uses i and purposes incidental thereto, together with the right of ingress and egress there- from, to and along said right of way, by practical route or routes in, upon, over and tfI across the remaining larger parcel of which said strip of land is a part, together with the right to clear and keep clear said right of way from buildings, structures, f explosives, trees, and other materials or growths detrimental to the uses herein granted. The lands in which said easement of wa right of g y and temporary construction easement are hereby granted are particularly described in the legal description designated t Parcel 91 and Parcel 91A , respectively, attached hereto and ?: t made a part hereof. k Continued on page 2 r� x. Dated (/USG'` 9, 19-77- �.[/ ■�. /y ;fir G rr!2`�.c�`c-e, • € F STATE OF CALIFORNIA COUNTY OF San DieCIO SS. 77 On .T>sIRq,T. X72 before me, the under• ;1 signed,a Notary Public in and for said County and State,personally f .`.`. appeared William N_ Neale `{ FOR NOTARY SEAL OR STAMP j1 Ir known to me to be the person_____whose name subscribed to the within F SEAL instru nt and acknowledged tha Ile executed the some. OFFICIAL YVETiE C.THOM OMPSON NOTARY PUBLIC-CALIFORNIA _ PRINCIPAL OFFICE IN Signature of No a My Commission Expires Jan.P9,19i6 1 i Name (Typed or Printed) of Notary II t• Title Order No. Escrow No. MAIL TAX STATEMENTS AS DIRECTED ABOVE Page I 2233- F ; } jjjjjfff With respect to parcel :41 and Parcel Q1 , it is agreed that the Grantors shall ] S{ 3' have the right, at their own risk, to use the surface of the right of way hereby ; i , _ granted, for agricultural uses, and without the right to make connections or open- ings� into said subsurface gsewer or pipe lines. or into said -appliances, fixtures or i I appurtenances; and the right to cross or make use of the surface in a manner not detrimental to the installation, construction, operation, inspection, repair, main- tenance and replacement of a sewer pipe line, or to any other purposes and uses as i' are or may be necessary or incidental to the construction, maintenance and operation :j of the Grantee's proposed sewer pipe Fine. And the`Grantor(s) hereby agree for themselves, their successors or assigns, that l they will not construct or cause to be constructed and maintained any buildings or k structures of any nature or kind; or store or permit to be stored or use upon said right of way any blasting supplies or explosives commonly used for blasting purposes. } I The City of Escondido (Grantee) hereby agrees that it will avoid unreasonable-inter ference with the use by Grantor and his successors of the said right of way, and agrees ; not to fence the same, and agrees that the Grantors may enjoy the surface use of the land herein described, subject to the conditions above stated; and agrees to permit n the installation by the Grantors of sewer pipes reasonably required for Grantors' use on their said property over and across the right of way in a manner which will not ' interfere with the Grantee's sewer pipe line and operations, provided, if the loca- tions are to be under Grantee's sewer pipe line, it must be installed subject to - Grantee's supervision and approval. The Grantee agrees, after the installation of its sewer pipe line, to restore the surface grade above the pipe to as near the original elevation as practicable. All improvements affected thereby, such as } fences corrals pipe lines, irrigation lines, walls and driveways shall be promptly j replaced at the expense of the grantee. All present installed utilities will be interfered with as little as possible and, if interrupted,will be promptly restored to use at the expense of the Grantee. �i In addition, and with exclusive respect to Parcel 91A , it is understood and agreed that such said temporary easement shall terminate either upon completion of construction of the Escondido Sewer OutfalI or on , 1974, whichever date occurs first. It is also understood and agreed that upon said ter- mination date, the-City of Escondido shall have no further obligation on liability in connection with said temporary easement. l i ,f 9 .'7:- This is to certify that the interest in .; reap property conveyed by the deed or grant, dated as shown hereon and from the persons i - above named to the City of Escondido, a l municipal corporation, is hereby accepted by order of the City Manager on s pursuant to Resolution No. 4657 of the City # Council of the City of Escondido, dated May 27, v, 1970, and the Grantee consents to recordation thereof by said City Manager as its duly auth- # ' a= f orized officer. 3 City//of Escondido � j rn G e o r M. Patterson i City Manager z , Page 2 t PARCEL 91 2234 An easement and right of way for the purpose of a sewer in, on, 'ter over, under and across a strip of land, 20.00 feet in width, being x- a portion of Lot 4 in Section 8, Township 13 South, Range 3 West, , ' San Bernardino Base and Meridian, in the County of San Diego, ' E State of California, according to the United States Government k Survey approved October 27, 1875, and being the 15.00 feet adjacent Northwesterly to and the 5.00 feet adjacent Southeasterly z to the following described line: Beginning at a point in the Westerly line of said Lot 4, distant thereon South 01 003112" East 15.01 feet from the Northeast corner of Lot 25 of the Rancho Las Encinitas, according to Map thereof No. 848, filed in the office of the County Recorder, June 27, 1898; thence North 87 031' 33" East' 62.55 feet; thence North 44 015100" East 90.37 feet to the beginning of a 500.00-foot radius tangent curve, concave Southeasterly; thence Northeasterly along the arc ' of said curve, through a central angle of 44 027134", a distance of 387.98 feet more or less to a point in the Easterly line of said Lot 4. � f The sidelines of said strip of land shall be fore- ` ° shortened or lengthened so as to terminate Westerly at said Westerly line of Lot 4, and so as to terminate Easterly at said Easterly line of Lot 4. l; PARCEL 91-A A temporary construction easement and right of way in, on, over, under and I. across the hereinafter described property for the purpose-of temporary access to, and construction of, sewer works. TOGETHER with the right to remove any improvement, brush, tree, shrub, and other growth, and to store excavated material and construction equipment; ,i i provided, however, that upon termination.of this easement and right of way, t � q { all such construction equipment shall be removed, the surface shall be restored to a smooth-graded condition, and all improvements affected thereby, such as fences, corals, pipelines, irrigation lines, roads and driveways shall be replaced. e The easement, right of way and rights herein described shall become effective ;r upon the date of Final Judgment in Condemnation, or at any date prior thereto ' upon which an order for immediate possession or a right of entry thereof is i. secured, and shall cease and terminate on September 29, 1973. The description of said property is as follows: A strip of land, 10.00 feet in width, lying adjacent Northwesterly to said Parcel 91, and a strip of land, 20.00 feet in width, lying adjacent Southeasterly to said Parcel 91. i The sidelines of said strips of land shall be j, foreshortened or lengthened so as to terminate Westerly at said Westerly line of Lot 4, and so as to terminate Easterly at said Easterly line of Lot 4. Page 3 . `. ■1, . �I ' 1 Noa�oy'✓Q° �. � � ' 27'3 4.. i T/3 5 1k 3 W �a 1dvL' `e(19 Nd7'3/'33"E ct.ss' V�i Ilf 8OlJNOAR Y--- 26'E 909./O` Cicc.to R.O.f.2548 • Fd. Gona.Mon. do!°a3 i2 E(Mear. �cl+ L s. l344 P.O.B. 'few �. 4--!o R OJ 2546 ` id.Gont.Moss L.S./J4¢ 73 .4c. /V Area i?err�alnin9 5 D. 50-4c. `�/ � �. '•'= f7 �/ // � att AcG. 1e Arrs rr. P/rt / l �. ill ��C G2lca/afaC •- ------- _iY �J7 NESTE, BRUDiN & STONE EASEMENT 'PLAT / / �•'�' 1 IN�.'4P• .1rD CIVIL 11101111105 ! /CITY OF E��ONDIUO lb"d Ayu."Ip .y.._YI On�Udc.Ul'hf. i OUT1-e-LL SE EP ECU Il,iTB. '_� {' ..1.-�F^'•.' .� ...,,,.. rcwv Jer/� 2i,i97/ °"'`"•� 9szs PARCEL NU. 91 . / t