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HomeMy WebLinkAbout; |Charles|Joe and Max & Meirowitz|Len|; 181791; EasementGRANT OF RIGHT OF WAY .lit ei 633 CARLSBAD PROPERTIES, a co-partnership, composed of JOE LEN, MAX LEN, CHARLES MEIR0WITZ, MURRAY.JHDFJBERG* MARTm.K^ _________________________________________ GENSER ___________________________________________________________________________ , as Grantor, for and in consideration of the sum of One Dollar and other valuable consideration paid by CARLSBAD MUNICIPAL WATER DISTRICT, a municipal -water-4-is»«- txi£t4---0rgani&ed--and.-.exis'&ng^ __________ amended , as Grantee, receipt whereof is hereby acknowledged, do hereby grant to said 9ARJLSBA? . .**™?.C__?J?^J ' J^^M. _______ DISTRICT, _____________________________________________________________________________________________________________________________________________________________________________________ 9Oits successors and assigns, an easement of right of way _______ „_„. ___________ feet in width in, upon, over, under, and across the lands hereinafter described, to erect, construct, reconstruct,, replace, repair, maintain and use a pipeline or pipeline's for any and all purposes, together with their necessary fixtures and appurtenances including but not limited to conduits 1'and ;> ;^ ' •-•;'cables for power transmission and communication purposes^ at such locations and elevations, upon, along, over aid under•s ;ithe hereinafter described right of way as Grantee may now <|r hereafter deem convenient and necessary from tim^i; to. time, together with the right of ingress thereto and egress therefrom*, to and along said right of way by a practical route i|r rbutes !] I; •-•in, upon, over and across the hereinafter described lands, together with the right to clear and keep clear said rigljj of sWay from explosives, buildings and structures. ;;<> ;-: A ""/ ? ^-*: ;!' The lands in which said easement of right of way is hereby granted are situated in the County of _S._aa._ D.ie^Q _________ , if •'•; >«* State of California, and are particularly described as follows, j$o wit: ,* ;_'• All that portion of Rancho Agua Hedionda, (fin the County of San Diego, State of -California. as shown on Partition Map thereof No. 823JJJ filed in the Office of the County Recorder of said San Diego County, November 46, 1896, founded and descirbed as follows: I > Beginning at a point in the Northerly boundary line of Lot "G" of said Rancho Agua Hedionc said Northerly line connects a stone mound known as Point 5 to a stone mound known as Point 6, which is distant thereon North 73°55* 42" West (record North 74° 25* West) 902.35 feet from said Point 5; thence along the Northerly and Westerly boundary lines of that certain portion of said Lot "G" as conveyed to the County of San Dieg® by Deed re- corded February 17, 1959 as Document No. 24786 in Book 6952 at page 391 of Official Re- cords of said County of San Diego, the following courses and distances: South 79°42120" West, a distance of 1061.30 feet; thence South 10°17140" East, a distance of 1000.00 feet to an angle point therein; thence leaving the Westerly line of said County of San Diego land, South 70°42I20" West to an intersection of the center line of that certain 100.00 foot easement and xight of vajgs as granted to the San Diego Gas & Electric Company in Deed recorded April 15, 1954 in Book 5205, page 416 of said Official Records; thence along said center line Noe^th 47°57*48" West to the intersection with a line which connects a stone mound known as Point 9 with a stone mound known as Point 8 of said Lot "G"; thence North 30°33» East along said line to said stone mound known as Point 8; thence North 62°00I East a distance of 1154.00 feet to a stone mound known as Point 7; thence South S^OO1 East, a distance of 1823.00 feet to a stone mound known as Point 6; thence South 73°55'42" East (record South 74°25' East) to the POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: That certain portion of Lot "G" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Partition Map thereof No. 823, filed in the Office of the County Recorder of said San Diego County, November 16, 1896, bounded and described as follows: Beginning at Point 7 of said Lot "G" which point is also shown aa Point 14 of Lot "F" on said Partition Map No. 823; thence from said POINT OF BEGINNING South 52°15I45" East along the Northeasterly line of said Ljat "G" 1042.27 feet; thence at right angles South 37°44»15» west 440.57 feet; thence at right angles North 52°15t45" West, 1240.75 feet to a point on the Northwesterly line of said Lot "G"; thence North 62°00J East along a portioi of the Northwesterly line of said Lot "G", 483.29 feet to the POINT OF BEGINNING of the property herein described. Grantee agrees that in the construction of the water main within the easement described herein, two 8-inch outlets and valve assemblies to be located at Line E Station 80 / 00 and 94 / 00 as shown on the "Drawing No. 5527A-17 and No. 5527A-18. Grantee reserves the right to be furnished water from the facilities to be located in the right-of-way being granted. Water shall be supplied in accordance with the existing rules and regulations of the Bi*jtC±ct.-and. At JJ»«~j**M"«-i-—•— -esrcoDTXsnecr oy Citn~~ui.strieC7 The center line of said easement of right of way in the aforesaid lands is particularly described as follows: Beginning at Point 10 of Lot G, as shown on said Partition Map No. 823; thence along the Northerly boundary of said Lo^t G South 89°13I38" East 647.02 feet to Point 9 of said Lot G; thence leaving said Northerly Boundary North 0°46T22" East 10.00 feet to the TRUE POINT OF BEGINNING; thence South 89613T38" East 1204.71; thence North 71°39149" East 470.71 feet; thence North 66°18t49" East 311.47 feet; thence North 89°21t09" 1^St| thence North 21°45t20" East 845.10 feet. 1343.80 feet; Excepting therefrom all that portion thereof not included within the lands first above described. GrantoiSand ..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 well or wells, within the limits of said right of way. Grantee shall have the right to erect, maintain and use gates 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 its judgment the same shall be necessary for the convenient and safe exercise of the rights hereby granted, the right to transfer and assign this easement in whole or in part being hereby granted to the Grantee. Grantor agrees that no other easement or easements shall be granted on, under or over said strip of land by Grantor, without the previous written consent of Grantee. It is also understood and agreed by the parties hereto that the Grantossand-.-.-t-heiz61100688013 or assigns, shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the above described jight^- - - ...... i^. CARLSBAD PROPERTIES Executed in the Presence of: Witness. Witness.- a Partner R/W NO. 212~3~721103 DRAWN BY_CDL CHECKED BY_ REWO 5527 DATE . SCD R/W-Grant-Form B101 Cj/31/61 NOTARIES—USE PROPER FORM ON BACK. WITNESS FORM STATE OF CALIFORNIA, ] ', County of-San Diego. J >~ . - , •r> '' " . . . . . . ff'-JS ; On this ., ,..,.d«y of - , -..,... A. D., 19. , before me,. _ ....—. ... a Notary Public in an<J for the said County and State, residing therein, duly commissioned and sworn, personally appeared ..._ .1....I..... .1....". _ known to me to be the person whose name subscribed tor the within instrument, as a Witness thereto, who being by me duly sworn, depose.— and say. : That. _.-he...L..1_...reside in ....;.. „..—.and that he present and saw.. „ "J.T „ „ personally known to L. to be the same person whose name subscribed to the within and annexed Instrument, execute and deliver the same, and..._...he. acknowledged to said affiant that he executed the same; and that said affiant subscribed h name "' - j . thereto as a Witness. jilt Witness Whtttai, 1 have hereunto set my hand and affixed my official seal the day '. . and year in tiiis certificate fi|ttjJ>oye ^written. . .-•: ;,. . ( . ; • NotaSy Publ'iii irranS for said County andI State. : 3 ; ' ~ -. X ' --.•-';";; ' • ' - ' ' '- • . • • • • . .. :'.';; rS::?Vc.c;:xo-. tjj c .»C ^f o^Mh F°^M;^I^ rrs ,-, r,,-, r . J6 •«-, r -ts<: t. OAt STATE OF HAJLIFQRNIA 7county of.....::...::.".jLQs...AMcjEMs:: f •• ; On this . ^.?.".^_...day of. jlV™?...... A. D., 19...^., before me, J1.AJNME..JGHLKO a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared . JOE UEN_AND MAX LEN personally known to me to be the pers0n...£...whose name.*?..— .ajT.e.....subscribed to the -within Instrument, and duly acknowledged to me that fehe.X executed the same. °, ££££• V..,.-j Sp^cSTfJF UNION TITLE INSURANCE CO 31" witness Wfyereof, I have hereunto set my hand and affixed my official se»l ihe day I. and year in this certificate first above written. ',';*• '•i.<-& -> •> -;'! 10' STATE OF County oi O» this a Notary Public and ol the. CORPORATION FORM __ ORIGINAL day of. A. D., 19. , before me, ™ ~ _.._..-. _. . in and for the said County and State, residing therein, duly commissioned 'and sworn, personally appeared ..„. .____ ..„_. ...Jmown to me to be the,... . -..- President — .known to me to be the. ^..Secretary 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 same.^ ' -c- .. -D--IC This is to cert' v!mt the interest in real proper conveyed from the deed of grant dated .June 22, _196l , JvQn _ __ tjL.^a.-».^rPa£Ji^eJ!5^.iK « To CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District organized and existing under the Municipal Water Diatrict Act of 1911. as amended, in hereby accepted by order of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT ON September 8.. 1961 and tile grantee consents to recordation thereof by its duly authorized offieer. DATED: September 8, 1961 CARLSBAD MUNICIPAL WATER DISTRICT By 'RICHARl) ft. Secretary of the Carlsbad Municipal ' '•''<"'"•'••• Water District and of the Board of i'-VvV' ' Directors thereof