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HomeMy WebLinkAbout; |Carroll R and Alice L|Kelly|; N/A; Easement1 GRAHT OF RIGHT OF WAI FOE WATSR PIPE LIMES. 2 3 9A$fii£?ilA.igfl) _K^CL(^Y _. .,LJ*»d....... , A.MC^.. f-.^ ..KFJf..-T-^Yv...•'.-,•.,., .., 4 husband and wife, as Grantor, for and in consideration of the SUM of one dollar 5 ($1.00) and other consideration, receipt whereof is hereby acknowledged, do 6 hereby grant to the City of Carlsbad, as Grantee, an easement of right of way ten (10) feet in width, in, upon, over and across the lands hereinafter des- cribed, to erect, construct, reconstruct, replace, repair, aalntain and use for the transmission and distribution of water and for all other purposes connected therewith, a line or independent lines of pipe and all necessary and proper fixtures for use in connection therewith, together with the rights of 12 ingress and egress to and from said right of way by a practical route or 13 routes in, upon, over and across the hereinafter described lands, together with the right to clear and keep clear said right of way from explosives, buildings, structures, trees and brush. The land in which said easement of right of way is hereby granted are situated in the County of San Diego, State of California, and are particularly described as follows, to wit: That certain portion of Lot £ of Rancho Agua Hedionda, according to Partition Map thereof No. 823 filed in the20 office of the Recorder of said County of San Diego, described in Deeds recorded in Book 39^2 at Pag© 32 in Official Records of said County of San Diego. 99 The center lin® of said easement of right of way in the aforesaid land is particularly described as follows: Beginning at the Northwest corner of Lot "B" as shown on Record of Survey No. 517. Records of San Diego County; thence along West line of said Lot "B" as shown on said Record of Survey South 0° 06' East 1093-50 feet; thence South 8?° ^5* Bast 1133.00 feet; thence along the Northerly prolongation of the Westerly line of the land described in Deed to Mward C. Tourell, at al, recorded July U, 1957 in Book 6621, Page 367, of Official Records, South 13° 16« 30" West (Record South 13° 12' West) 550 feet to th® Northwest corner of said Tourell Land} thence continuing along said Westerly line South 13° 16' 30" W*st (Record South 13° 12' West) 179.00 feet to a point, said point being the TRUE POINT OF BBQIKHINQ; thence North 50° 07' HB West 130.00 feat to th© termination of ®as@- "*" raent. 32' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 27 I 28 29 30 31 32 It is understood and agreed by the parties hereto that any pipe or lines installed by Grantee in tha hareinabove described right of way shall be laid at such depth as to provide minimum clearance of thirty (30) inches between top of pipe and surface of the ground. It is further understood and agreed that Grantor, or Grantor's assigns or agents, in conducting agricultural or other operations over the surface of said right of way shall not remove or otherwise cause said thirty (30) inches of ground cover over said pipe lines to be impaired or lessened, except by consent of Grantee, but nothing contained herein shall b® construed as a requirement of the Grantee or assigns to re- place or maintain said original thirty (30) inches of ground cover established at time of construction, which cover ssay be lost, lessened or removed by washing, flooding, or other causes, nor shall Grantee at any time be required to lower any pipe to reestablish said thirty (30) inches of ground cover. In the exercise of the rights hereby granted, Grantee shall avoid un« reasonable interference with such use by Grantors and their successors in estate of the aforesaid lands as is not inconsistent with the full enjoyment of tha rights herein granted to Grantees provided, however, that Grantors and their successors in estate shall not erect or construct, or permit to be erected or constructed, any building or other structure, plant any tree or trees, or drill any wells, within tha limits of said right of way. Grantee shall h&v® the right to erect, maintain and use gate® in all fences which now cross or shall hereafter cross said route or routes, and to trim and cut and clear away any trees and brush whenever in his judgment the sam® shall be necessary for the convenient and safe exercise of the rights hereby granted. In the event that the Grantee abrogates the Hall to Gannon water rights lease of October 1, 1950, then Grantee shall release and raeonvey to Grantor all rights relative to the easement agreement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 IN WITNESS WHERJ3QF, Oywitore h*ye executed these y // ,_/ /*? Taay ^ ffi.JA&Jfr,.* 1959.praewnts tha Sxeeuted in the pres«noe of Witness CARROLL R. KELLY f WitftMS ALICE L4 KELLY .3. n 13° 16'30" E (N13°I2'E Rec.) 298.85 S I3°I6'30"W 55' (NI3° I2'E Rec.) 10.00' EASEMENT o <•- ~ Reference' COin "10 CJour> Rd. A-13 1565.30 MAP 823 R of S. 517 Parcel Survey by KAMPTNER 8k HOLLY ENGINEERING CO. DATE:3;24-59 E.B. ;ITY ENGINEER PLAT OF I01 WATER LINE EASEMENT IN CARROL KELLEY PROPERTY- Serving O.ISSAC property ENGINEERING DEPT. CITY OF CARLSBAD