HomeMy WebLinkAbout; |STOKESBARY, DELBERT L|STOKESBARY, HARRIETT B|; 63-80365; Easement1RANT OF RIGHT OF WAY
DELBERT I.. STOKESDARY and HARRIETT D. STOKESHAKY,
husband and wife, 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 district organized and existing under
the Municipal Water District Act of 1911, as amended. As Grantee, receipt
whereof is hereby acknowledged, do hereby grant to said CARLSBAD
MUNICIPAL WATER DISTRICT, its successors and assipia, an easement
of right of way In, upon, over, under, and across the lands hereinafter
described, to erect, construct, reconstruct, rtplace, repair, maintain and
use a pipeline or pipelines for any and all purposes, together with their
necessary fixtures and appurtenances at such locations and elevations, upon,
along, over and under the hereinafter described right of way as Grantee may
now or hereafter deem convenient and necessary from time to time, together
with the right of Ingress thereto and egress therefrom, to and along said
right of way by a practical route or 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, and structures.
Said easement of right of way is more particularly described as
follows:
Twenty (20) foot Easement for water line purposes situated in theSouthwest Quarter of the Southeast Quarter, Section 28, and in Lot1, of the Northwest Quarter of the Northeast Quarter, Section 33,all in Township 12 South, Range 4 West, San Bernardino Base and
Meridian, the Center Line of which is described as follows:
Beginning at the Northwest Corner of the Southwest Quarter of theSoutheast Quarter of Section 28, Township 12 South, Range 4 West,San Bernardino Base and Meridian; thence along tha Northerly line
thereof Easterly 227.57 feet; thence South 23°31' East 597. 11 feet;thence South 17°06' East 483.89 feet; thence South ll'OS' West326. 50 feet, more or less, to the Southerly line of said Southwest
Quarter of the Southeast Quarter of said Section 28; thence Westerlyalong said Southerly line South 89°57'55" West 204. 17 feet; thenceSoutherly 10. 00 feet; measured at right angles to said last mentionedSoutherly line to the TRUE POINT OF BEGINNING; thence along aline parallel to said Southerly line North 89°57'55" East 204.17 feetto an angle point; thence North 31°04'55" East 423. 18 feet to the be-ginning of ft 430. 00 foot radius tangent curve concave Northwesterly;
thence Northeasterly along said curve 266.92 feet through an angleof 35°34'; thence tangent to said last mentioned curve North 45°30'55"
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East 286.07 feet, to the Easterly boundary of said Southwest Quarterof the Southeast Quarter of said Section 28, the said line of said
Easement to be prolonged or shortened at the terminus of said East-erly boundary.
Grantor and his successors in estate shall not erect or construct, or
permit to lie erected or constructed, any building, or other structure, plant
any tree or treew, 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.
The easement herein granted is subject to grantor's reserved and
excepted rights to construct, pave and maintain a street or highway over the
surface of same and to install and maintain other utilities therein and to grant
the right to others to lay pipelines or install public utilities over said property
and/or to grant or dedicate such easement or right of way to any public body
as a public street, such grants or dedications to be made subject to the herein
granted easement.
Grantor agrees that no other easement or casements, except the here-
inbefore specifically designated easements, or grants, shall be granted on,
under or over said strip of land by Grantor, without the previous written con-
sent of Grantee. Grantee, by acceptance of this easement, hereby agrees that
it will not arbitrarily withhold said written consent to other easements.
It is also understood and agreed by the parties hereto that Grantor and
his successors or assigns, shall not increase or decrease, or permit to be
increased or decreased, the existing ground elevations oi the above described
right of way, existing at the time thip document is executed, without the pre-
vious consent of the Grantee, with the exception that Grantor his successors
or assigns, shall have the right without prior written permission of Grantee
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to increase the said elevation a maximum of ten (10) feet. Grantor, by
acceptance of thin easement, hereby agrees that It will not arbitrarily with-
hold vald written consent to a change of said elevation.
Dated: 4 , 9i, i0 t^^
y-Sniiut' /?. *-gyxy*tfr^
HARRIETT U. STOKESBARY /
STATE OF CALIFORNIA :
:
COUNTY OF LOR ANGELES:
On l<('3 _ before mo, the undersigned,
a Notary Public In and for said County and State personally appeared
DELBERT L. STUKESHA11Y and HARRIETT n. STOKESHAHY known to
me to be the persons whose names are subscribed to the within instrument
and acknowledged that they executed tiie same.
yNotary Public in aridfto;
County and State. •. tjy
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CERTIFICATE OF ACCEPTANCE
This is to certify that the Interest in real property conveyed by the
deed or grant dated * from DEI.BERT I,.
STOKESBAHY and HARRIETT H. STOKESHARY, husband and wife, to
CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District
organized and existing under the Municipal Water District Act of 1011, as
amended, is hereby accepted by order of the Hoard of Directors of Carlsbad
Municipal Water District on t-. - and the Grantee
consents to recordation thereof by its duly authorized officer.
CARLSBAD MUNICIPAL WATER DISTRICT
Secretary of the Carlsbad MunicipalWater District and the Board ofDirectors thereof.
MAY 9 UOMT61
tana i toon iwOfHCIAL RECORM
SM WE60 COUNTY, «UF.
A. S. 8WY, RtCOMtt