HomeMy WebLinkAbout; |Elsie administratrix|Kelly|; 66931; Easement2
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800x 6565
GERALD C. THOMAS
SUITE 1230 BANK OF AMERICA BUILDING
SAN DIEGO I, CALIFORNIA
BELMONT 4-615!
Attorney for Administratrix
ORIGINAL
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN DIEGO
No. 55110
In the Matter of the Estate )
of
HORACE H. KELLY,
ORDER AUTHORIZING GRANT OF
EASEMENTS BY ADMINISTRATRIX
Deceased. )
The petition of Elsie M. Kelly, as administratrix of the Estate of
Horace H. Kelly, deceased, praying for an order authorizing conveyance
of easements over real property described in said petition, Gerald C.
Thomas appearing as attorney for said petitioner, coming on regularly to
be heard this 19th day of April, 1957, the court, after examining said report
and petition and after hearing the evidence, finds that due notice of the hear-
ing of said petition has been given as required by law, that all of the allega-
tions of said petition are true and that it is for the advantage, benefit and
best interest of the estate of the said decedent and of all persons interested
therein to grant the easements hereinafter describ ed over the real property
of said estate.
IT IS, THEREFORE, ORDERED BY THE COURT that said Elsie M.
Kelly, as administratrix of the Estate of Horace H. Kelly, be, and she is
hereby authorized upon receipt of the consideration in said petition mentioned,
to grant and convey easements to Carlsbad Municipal Water District, a Muni-
cipal water district organized and existing under the Municipal Water Dis-
trict Act of 1911, for the purpose of erecting, constructing and reconstruct-
ing, replacing, repairing, maintaining and using pipe line or pipe lines
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for any and all purposes and also underground conduits and cables for tele-
phone, signal and communication purposes, together with their necessary
fixtures and appurtenances at such locations and elevations, upon, along,
over and under the hereinafter described rights of way as Grantee and which
said Grantee may now or may hereafter deem convenient and necessary from
time to time, together with the right of ingress thereto and egress therefrom,
7 to and along said rights of way by practical route in, upon, over and across
8 the lands described in Schedule "A" annexed hereto, together with the right
9 to clear and keep clear said rights of way from explosives, buildings and
structures,
One of said easements or rights of way so granted shall be twenty (20)
12 feet in width and the center line of said easement of right of way in the afore-
13 said lands is particularly described as follows:
14 Beginning at Corner No. 4 of Lot "!', Rancho Agua Hedionda,
Map No. 823] thence South 31° 25' East in a straight line toward Corner No.
15 3 of said Lot'T 250.04 feet; thence North 63°22'20" West 1.91 feet to the
TRUE POINT OF BEGINNING, which TRUE POINT OP BEGINNING is the
beginning of a 400 foot radius curve concave Northerly, the center of which
bears North 26° 37' 40 East; thence continuing Easterly along said curve
17 through a central angle of 16°08'30" a distance of 112. 69 feet; thence tangent
to said curve South 79°30'50;i East 5. 79 feet to the beginning of a tangent
18 curve concave Southerly and having a radius of 400 feet; thence Easterly
along said curve through a central angle of 14° 00' a distance of 97. 74 feet;
19 thence tangent to said curve South 65°30'50" East 1880. 61 feet to the beginning
of a tangent curve concave Southerly and having a radius of 500 feet; thence
20 Easterly along said curve through a central angle of 15° 00' a distance of
130. 90 feet; thence tangent to said curve South 50° 30' 50" East 1,45 feet to the
beginning of a tangent curve concave Northerly and having a radius of 500 feet;
thence Easterly along said curve through a central angle of 15°00' a distance
22 of 130. 90 feet to a point in the County Road (Road Survey 682).
23 The other of said easements shsll be forty (40) feet in width and the
24 center line of said easement of said right of way in the aforesaid lands is
25 particularly described as follows:
26 Beginning at Corner No. 4 of Lot ' f'm Rancho Agua Hedionda Map No.
823; thence South 31° 25' East in a straight line toward Corner No. 3 of said
27 Lot 'T 250. 04 feet; thence North 63°22'20" West 570. 46 feet to the TRUE
POINT OF BEGINNING; thence North 26°37'40" East 33. 5 feet; thence North
28 13°01'20" West 59.3 feet to the end thereof.
29 DONE IN OPEN COURT this 19th day of April, 1957.
30 CLARENCE HARDEN
Judge of the Superior Court
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33 ORIGINALEND