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2003-7349387870 Recording Requested by San Diego Gas & Electric Company When recorded, mail to: Pacific Bell Right of Way / Liaison Office 6150 Mission Gorge Road, Suite 200 San Diego, CA 92120 DOC # 2803 - 8734938 JUN 23v 2003 9:31 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SHIM COUNTY RECORDER FEES: 14.00 I111111IIIIIIIIIIJill IIIIIII II_ III1 111I1�111IIIIIIIIIIIIIIIIIIIIIII SPACE ABOVE FOR RECORDER'S USE APN NO.: 216 -122 -16 R/W NO.: 131726 Transfer Tax None 'bB(a) '$EU.A VISTA 13L, SAN DIEGO GAS & ELECTRIC COMPANY & . ?^PuL&et� ASSIGNMENT OF EASEMENT SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation (SDG &E), hereby assigns to Pacific Bell, under the terms and conditions of that certain Agreement for Joint Distribution Easements between SDG &E and Pacific Bell, dated March 31, 1982, that certain easement (the "Assignable Easement ") granted to SDG &E, and recorded — December 13`h, 1985 , at File/Page No. 1985-470563 of official Records of San Diego County, California, but only as to the non - exclusive right, as provided therein, to utilize said easement for telephone and telecommunication purposes. Said assignable easement is described on Exhibit A attached hereto and made a part hereof By delivery and acceptance of this Assignment, the parties agree as follows: 1. This Assignment is given pursuant to the authority of and subject to the conditions prescribed by General Order No. 69 -C of the Public Utilities Commission of the State of California, as the same may be amended, and said General order is hereby incorporated by reference herein. SDG &E declares that the property interest transferred hereby is not necessary or useful in the performance of its duties to the public. 2. Pacific Bell may use the Assignable Easement for placement of its facilities, consistent with the above - described purposes, only if SDG &E facilities are first in place or Pacific Bell's Facilities are installed concurrently with those of SDG &E. In the event a conflict arises between SDG &E and Pacific Bell as to the location of facilities within the Assignable Easement, location(s) selected by SDG &E for the placement of its facilities shall have priority over location(s) selected by Pacific Bell for the placement of its facilities. In the event Pacific Bell places facilities within the Assignable Easement prior to the placement by SDG &E of its initial facilities, SDG &E does not thereby relinquish its right of priority as to the location of facilities and Pacific Bell shall accommodate the placement of facilities by SDG &E, at Pacific Bell's sole cost and expense, by relocation of Pacific Bell facilities or by other measures acceptable to SDG &E. In the event of a dispute between SDG &E and Pacific Bell regarding the placement of Pacific Bell facilities, the position taken by SDG &E shall prevail. Rev. 1 F 7871 This Assignment and the rights and obligations set forth herein shall inure to the benefit of and be binding upon the respective assigns and successors in interest of each party hereto. SDG &E has executed this assignment this 29th day of May., 2003. SAN DIEGO GAS & ELECTRIC COMPANY, a California Co ora n In John 1 !0' on Land agement Manager Real Estate & Facilities STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO On May 29th before me .4/ ,.Notary Public, personally appeared John B. Burton., personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity that by his signature on the instrument the person, or the entity upon behalf of which the person acted, a ecuted the instrument. - - my hand and official seal. Drawn BCook Checked Sketch - Date 05/28/2003 Project No. 04003 -01 Const. No. A.P. No. 216- 122 -16 R/W # 131726 Agmt. No. 2003 -24 ACCEPTED: Pacific Bell By: ice( Title '� �W �Re>✓ nrr Date CQ�3 03 Rev. 1 7872 That certain easement granted to SDG &E recorded December 1P, 1985 at Document No. 1985- 470563 of Official Records of County of San Diego, State of California lying within the North Half of the South Half of the Southwest Quarter of the Southwest Quarter of Section 35, Township 12 South, Range 4 west, San Bernardino Meridian. The easement in the aforesaid lands shall be more particularly described as follows: The Southerly 10.00 feet of the Westerly 650.00 feet of the above described property. EXHIBIT "A"