HomeMy WebLinkAbout; |Elise M and Kelly|Robertson|; 96185; EasementTtoi* t» te certify that the interest in real property conveyed by the (teed of grant
dated May 2. 1961 , from
ELSIE M. KELLY and VI
To CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District
organized and existing under the Municipal Water District Act of 1911, as
amended, is hereby accepted by order of the Board of Directors of CARLS BAD
MUNICIPAL WATER DISTRICT on May 10, 196^1 and the grantee
consents to recordation thereof by its duly authorized officer.
DATED: , v
J&&&L r>.MUNICIPAL WATER DISTRICT
By .....
~~~* RICHARD R. C6Er
Secretary of the Carlsbad Municipal Witter
District and of the Board of Directors
thereof
GRANT OF RIGHT OF WAY
, as Grantor, for and in consideration of the sum of One Dollar and
other valuable consideration paid by, (ML.^M MUNICI^
trict organized and existing under theMunicipal Water District Act of..1911 ,„as
_amended^
as Grantee, receipt whereof is hereby acjsnowledged, do hereby grant to said .CARLSBAD MUNICIPAL. _ .WATER
.DISTRICT,.
its successors and assigns, an easement of right of way—2Q»QQ 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 pipelines for•* : - i-»-'
any and all purposes, together with their necessary fixtures g^id appurtenances including but not limited to con<Juits-,,and••it
cables for power transmission and communication purposes;! at such locations and elevations, upon, along, over and aider
i '.'•
the hereinafter described right of way as Grantee may now fir hereafter deem convenient and necessary from timil to .time,
s| •? '' *."'together with the right of ingress thereto and egress therefrom, to and along said right of way by a practical route $r routes
in, upon, over and across the hereinafter described lands, together wjth the right to clear and keep clear said rig|| oLlvay
from explosives, buildings and structures. !? ' ! '•:' ' ^ '• •
The lands in which said easement of right of way is heijeby granted are situated in the County of -San.. Diego -:;—.,
State of California, and are particularly described as follows,jlo wit: ' ij :.,.":
!1 •• -• : ij
PARCEL 1:
All that portion of Lots "E" and "I" of the 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 San Diego
County, November 16, 1896, described as follows:
Beginning at Corner No. 2 of said Lot "I"; thence
along the Northerly prolongation of that portion of
the Easterly line of said Lot "I" between Corners Nos.
1 and 2 of said Lot, North 2°29ll+0" West (record 3°
West) 21. 8^- feet to an intersection with the center
line of County Road Survey No. 682 as the said is
described in easement deed to the County of San Diepo
dated May 27, 1936 and recorded in Book 521, page 270
of Official Records of said San Diego County, said point
of intersection being the TRUE POINT OF BEGINNING of the
property herein described, said TRUE POINT OF BEGINNING
being also the Southeasterly corner of that parcel 'of
land described in Quit Claim Deed to Horace II. KELLY",
recorded January 22, 1951 as Document No. 9613 in Book
39^2, page 3*t of Official Records: thence along the
Southerly line of said KELLY land 'as follows; along said
center line of road North 67<-10' West 807.21 f?«t
North 6^35' West 701.35 feet to the beginning of a
tangent curve concave Southerly having a radius of 1000
feet, and Northwesterly along the arc of said curve
29 feet; thence leaving said center line North 7Lf°llf
West a chord distance of 262.^7 feet to a point on the
arc of said curve; thence South 2C^6'15" East 3^3.6^ f^
thence North 88°59'l5" West 663.3o"foot to a point ~~
on the center line of an easement described in deed to
the Carlsbad Mutual Water Company dated September 26, l^t
and recorded in Book 1271, page 70 of Official
o saiil San Diego
(record South 6'+°
911.65 feet to a point
and in said Horace
County; thence South 6Lfc 17' l
'Uolf West) along
ecords
" -
center line
in said center
KELLY boundary
line Easement
distant
mo ng said line- North 6>4r17'l5" :";RCt Vi5 feet from the
t Southerly angle point in sail.;
Horacesaid
boundary North
North 5°17'15"
Road Survey No
Southerly
A.M^jt: land: thence leavlnr s,--l
lQck?.'U5" West 3f'lf.7C foot; thence
East to a point in. the center line of said
6e2, said point being on the arc of a curve
concave Northeasterly having n rnaius of 700 f-=flt, whJch
...curve begins at Engineer's Station 59 plus 25.32 on contcr
line of Road Survey No. 682; thence Westerly and 8
Northwesterly along said center line to the Northeasterly
terminus of that course in the description of land
described in deed to Allan 0. KELLY recorded January
22, 1951 in Book 39^2, page 32 of Official Records of
said San Diego County designated therein as "South
73°25' -West 11!48.141+ feet"; thence along the boundary
of said KELLY'S land the following courses and distances:
South 73°25' West llUS.Mt feet, North 87°21'U5" West
(record North 87°21'1+5" East) 779-69 feet, North 11°51+I15"
East 378.70 feet, and North 73°05'15" West 700.15 feet
to a point in the Westerly line of land described in
deed to W. S. KELLY recorded September 5, 19^2 in Book
1^0^, page 81 of Official Records of said San Diego
County; thence along the Westerly line of said last
mentioned KELLY'S land the following courses and distances:
North H7°31'10" West 703.02 feet; North 9°57'50" East
1502 feet, South 89ol+2'10" East 351-72 feet to a point
on the center line of said Road Survey No. 682,
North 25°22'10" West along the center line of said
Road Survey No. 682 a distance of SlU. 7^ feet to the
beginning of a tangent curve concave Northeasterly having
a radius of 1000 feet, and Northwesterly along the arc of
said curve a distance of 226. 8H feet to a point on the
Northerly boundary line of said Lot "I", said point
being South 89ol+2'10" East 1358.67 feet (record 1357-53
feet) from the Northwest corner of said Lot "I",
known as Corner No. 12 thereof; thence South 89oLf2'10"
East along the North line of said Lots "I" and "E" to
the Southeast corner of Lot "J" of said RANCHO 4GUA j
HEDIONDA; thence Southerly in a straight line to the '
TRUE POINT OF BEGINNING;. .:
EXCEPTING from the above described property that portion <
thereof included within that portion of said Lot "E" that, i
lies Southerly of the center line of said Road Survey !
No. 682. ALSO EXCEPTING THEREFROM, that portion described j
as follows: _ 1
-""----"-"^-'--.. :-- ----- ;,.-,-_- -- --- - -- . -" - • - •- ....... •,-- • ------ - ir--|QI,L*|-
That- port'iofrof Lot "I" of the 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 San Diego County, November 16, 1896,
described as follows: ~\
Beginning at the Southeast corner of Lot Ih of Carlsbad 9
Highlands, according to Map thereof No. 26*47, filed in
the office of the County Recorder, April 18, 1950;
thence along the Easterly line of Lots 1^ and 10 of said
Carlsbad Highlands, North 9°5l' East Mt6.9^ feet to the
Southwest corner of Lot. 9 of said Carlsbad Highlands; :
thence along the Southerly line and its Easterly TV ' *
prolongation of said Lot 9, South 89ol49' East (record
South 89°1+2I10" East) 351.72 feet to the center line
of County Road Survey No. 682, according to the plat !
thereof on file in the office of the Surveyor of said !
San Diego County; thence Southeasterly along said center
line to the intersection with a line that bears
South 8l°1491Ul" East from the POINT OF BEGINNING;
West 680.55 feet more or le&a- ..... — -- •
to the POINT OF BEGINNING.
PARCEL 2:
All that portion of Lot "E" of the. 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 San Diego County,
___ November 16^ 1896, described as follows:
November 16, 1896, described as follows:
«••
Beginning at a point in the North line of said Lot "E" 9
at the corner common to Lots "J" and "D" as shown on
said Map No. 823; thence Southerly in a straight line
to a point in the Southerly line of said Lot "E" at the
corner common to Lots "I" arid "F" as the same is shown
on said Map No. 823, said last mentioned point being
designated as Corner No. 2 of said Lot "I"; thence along
the Northerly prolongation of that portion of the
Easterly line of said Lot "I" between Corners Ncxs. 1 and. 2
of said Lot, North 2°29ll+0" West (record North 3° West)
21.8H feet to an intersection with the Qejatfir__line_af
County Road Survey No. 682 as the same is described in
easement deed to the County of San Diego dated May 27,
1936 and recorded in Book 521, page 230 of Official
Records of San Diego County; thence Northerly in a
straight line to the POINT OF BEGINNING.
PARCEL 3: ,
That portion of Lot "E" of RANCHO AGUA
HEDIONDA, in the County of San Diego, State or California,
according to Partition Map thereof No. 823 filed in the
office of the County Recorder of San Diego County,
November 16, 1896 described as follows:
Beginning at a point in the Southerly line of said Lot
11 E" at the corner common to Lots "I" and "F" of said
RANCHO HEDIONDA, and being designated as Corner No. 2
of said Lot "I"; thence Northerly along a straight line
connecting said Corner No. 2 with a point in the North
line of said Lot '"E" at the corner common to Lots "J" and
"D" as shown on said Map 823 to -an intersection with the
center line of County Road Survey No. 682 according to
plat thereof on file in the office of the County Surveyor
of said San Diego County, and being the TRUE POINT OF
BEGINNING of the property herein described; thence
, North 29C29'30" East 332.62 feet; thence North 38°2?'30"
' East 3HO.C3 feet; thence North 6J+°26f50" East l+9*+.6_2 feet_i_ juthenc"o North 7OC01'1C" East 63*4.8*+ fact: thence ' '"\
North 68r)58'50" Enst 387.32 feet; thence ITorth U^O^'OO"
East HoU.^0 feet: thence North 50°31'30" East 1167.3!+ feet;
thence North 3^lU'00" East °60.l3 feet; thence North 0C03'OC
East 1266.H5 feet: thence North 19C25'30" .Vest to the North
line of said Lot "E"; thence Westerly along said North line
to the Southwesterly corner of Lot "D" being Corner Ho. k
as shown on said Mao No. 823, said point being the inter-
section of'the Jest line of Lot "D" with the Northerly ....
line of Lot "E" of RANCHO AGUA HEDIONDA; thence Southerly'
in a, straight line to the TRUE POINT. OF BEGINNING..
EXCEPTING from Parcels 1, 2, and 3, that portion- gf S'aid
Lot "E" described as follows: - - :: "-,
, Beginning at the Southeasterly corner of Lot "J" said ""'
POINT OF'BEGINNING being a point on the -Northerly line '! '
of said Lot "E"; thence South 89022'33" East along the
Northerly line of said Lot "E", a distance of 23^+2.2^ feet;|
thence leaving said Northerly line of said Lot "E"
South lU°M+'02" West 159-68 feet; thence South 21°1+1IU211
West 190.3V faet; thence South 13oLf6'12" West 781.82 feet;
thence North 89C22!33" West 381+8.US feet; thence
'North 0°37!27" East 1093.81 feet to a point in the Northerlj
. line of said Lot "E"; thence South 89°22'33" East along
said Northerly line of said Lot "E", a distance of 1791.
feet to the POINT OF BEGINNING.
••**)
The center line of said easement of right of way in the aforesaid lands is particularly described as follows:
Beginning at Point 1 of Lot J of said Partition Map 823 of SANCHO AGUA HEDIONDA;
thence South 1°46*56" West 2637.98 feet to Point 7 of said Lot J; thence Norfch 64°
53*09" West 1191.87 feet,,|Q the. TRlj[g POINT OF BEGINNING; thence South 29°59I02"
West 672.79 feet to the beginning of a tangent curve concave to the left having a
radius of 1000.00 feet; thehtfe SoutJfwes'terly and Southerly along said tangent curve
thru a central angle of JH°04* 1,6" an arq ..distance of 193.23 feet; thence leaving
said curve South 18°54t46't West 1155,98 feet to th? beginning of a tangent 300.00
foot radius curve concave Northwesterly; thence Southwesterly along said curve
176.83 feet through an angle of 33^46*17"; thence tangent to said curve SouthI5<2°41*03" West 619.53 feet to the beginning of a tangent 1200.00 foot radius curve
concave Southeasterly; thence Southwesterly along said curve 131.22 feet thru an
angle of 6°l5t55"; thence tangent to said curve Seuth 46?25*08" West 392.93 feet to the
.beginning of a tangent 500.00 tQ&\ radios.qurve poncave Southeasterly; thence
Southwesterly along said curve 166.27 feetthru an angle of 19°03*13"; thence
tangent to said curve South 27°21*55" West 42.91 feet to the beginning of a tangent
500.00 foot radius curve copcave Northwesterly; thence Southwesterly along said
"curve 192.13 feet through an angle of 22°00*59"; thence tangent to said curve South
49°22t54" West 208.63 feet to the begriming ef:a tangent 600.00 foot radius curve
concave Northwesterly; thence Southwesterly along said curve 128.11 feet thru an
angle of 12°14*00"; thence tangent to said curve South 61°36t54" West 402.28 feet
to the beginning of a tangent 600.00 foot radius curve concave Northwesterly; thence
Southwesterly along said curve 80.61 feet through an angle of 7°41r53"; thence South
69018*47" West 50.07 feet to the beginning of a tangent 500.00 foot radius curve
concave Southeasterly; thence Southwesterly along said curve 191.49 feet through
an angle of 21°56t36"; thence tangent to said curve South 47°22tll" East 88.07 feet.
EXCEPTING THEREFROM 'all that portion thereof not included within the lands
first above described.
*. " ', ' • -:.* - ' ' f ."; , '
GrantoiSand t&ed-r— ..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 Granto#and....th.eiJ!.successors or assigns, shall not
increase or decrease, or permit to be increased or decreased, the existing ground elevations of the above described right
of way, existing at the time this document is executed, without the previous written consent of the Grantee.
3ln Witness Whereof, the Granlor.S. ..... have. ...... executed these presents this. .2.<****!...day of.-
Executed in the Presence of:
Witness.
Witness./
Type 4/19/61
R/W NO. 208-1-721092 REV0
DRAWN BY SCO
CHECKED BY.CDL
DATE
NOTARIES—USE PROPER FORM ON BACK.
R/W-Gront-Form B10I
WITNESS FORM
TATE OF CALIFORNIA, }
County of San Diego. ) "' ' ' "
On this _ i-.-.day of A. D., 19. , before me, _ _
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
." _^ _.. ... .. known to me to be the person whose name\ ' \subscribed to the within instrument, as a Witness thereto, who being by me duly sworn, depose— and say. :
That he'.'.l reside jn and that he
_ present and saw _ _ _ _ _
personally known to h. 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
• thereto as a Witness.
Jm witlUSS W\}Sttai, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
Notary Public'ih and for said County and State.
.... . ,__ , GENERAL FORM
y^,-^.".> ..."..'.» . . . __ „
STATE GF.£?.££
County oL^Kfs^s
On this ...*£<2w*6-~day ol—"sZk&tt. A. D., 19^/.., before i
a Notary Public in and for the said County^nd State, residing therein, duly commissioned and sworn, personally appeared
personally known to me to be the person.:-?...whose name^!.._ —^..^..f.. subscribed to the
within Instrument, and duly acknowledged to me that .2T.he.y~ executed the same.
JJn witness Wljerwrf, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
Notary Public in and lor said County and State.
KENNETH R, COOK. NT^,-, i-u;-,::
p snil for ths County of San r-i- n. si-',- -,< • :,::'"ir4;.
jMy Commicsio- L^-..., ..pr.i io, :'-'.:ij5T" "
STATE OF—
County" of—.^_
On this —.......„_ day ot—_
CORPORATION FORM
V 19»7.,., J>efpre_me,..._..
a Notary Public in and foe the said .County >a&d State, residing -therein, duly commissioned and sworn, personally > appeared,.,
- - _s_^_..w™ !. !*-•---,. .1-1.L. ^ •..'-•--•- ., ." _.._.._._.^. ..__.._.^.. ..known to me to be the..._.._ ,^._.^_i__.i.^,»»...;
and. 'i_ __^... L__?,-'-~~~ • -- • .r. im. ..-r-r- ,-i _.';j ...''. .".. ~ ~ ^.^..._..i Jtnd>»n to me k* be the.'.... _._^_; i__™_...Seeretary
the Corporation thht executed the within Instrument, knowh to me to be the persons who executed
the within Instrument on behdlf of the Corporation therein.named, and acknowledged to me that
, ,.. _ _ sucn Corpoi^tion executed the same, , .. -. j .. ,i ,.. , _.,...
Jjln IPtbtftHf lUfttttrf, I have hereunto set my hand and affixed my official seal the day
and year in this pertificateJiist above written. ,
Notary Public in and lor said Cowrty and-State.
x i.
J< T YAW ~l(.i
After recording mail to:
Carlsbad Municipal Water District
p. C. Box 278
Carlsbad, California
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FILE/PAGE
RECORDED REQUEST OF
UNION TITLE INSURANCE CO.
JUN 6 9:00 AM'
SERIES 2 BOOK 1961
OFFICIAL R£CORDS
SAN DIEGO COUNTY, CALIF.
ROGER N. HOWE, RECORDER