HomeMy WebLinkAbout; |THOMPSON, BEVERLY V|THOMPSON, GAYLE W|; 63-80364; EasementGRANT OF RIGHT OF WAY
W, GAYLE THOMPSON and BEVERLY V. THOMPSON, 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 DIS-
TRICT, its successors and assigns, an easement of right of way in, upon, over,
under, and across the lands hereinafter described, to erect, construct, recon-
struct, replace, 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 there-
from, 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 struc-
tures.
Said easement of right of way is more particularly described as follows:
Twenty (20) foot Eafement for water line purposes situated in theSouthwest Quarter of the Southeast Quarter, Section 28, and in Lot
1, of the Northwest Quarter of the Northeast Quarter, Section 33, allin Township 12 South, Range 4 West, San Bernardino Base and Meri-dian, 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 the Northerly linethereof Easterly 227. 57 foot; thence South 23°31' East 597. 11 feet;
thonco South 17°OG' East 483. 8D feet; thonce South 11°03' West320. 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 81°04'55" East 423. 1$ feet to the be-ginning of a 430.00 foot radius tangent curve concave Northwesterly;thonco Northeasterly along said curve 266.92 feet through an angleof 35*34'; thence tangent to Raid last mentioned curve North 45'30'S5"
East 288.07 feet, to the Easterly boundary of said Southwest Quarterof the Southeast Quarter of said Section 28, the said line of saidEasement to be prolonged or shortened at the terminus of Bald East-
erly boundary.
Grantor and his 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.
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 name and to install and maintain ot he Futilities 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 easements, 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 consent
of Grantee, Grantee, by acceptance of this easement, hereby agrees that it
will not arbitrarily withhold said written consent to other easements.
K 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 elevationa of the above described
right of way, existing at the time this document is executed, without the previous
consent of the Grantee, with the exception that Grantor his successors or
assigns, shall have the right without prior written permission of Grantee to
.2-
Ill
increase the said le vat ion a maximum of ten (10) feet. (J ran tee, by accept
ance of this easement, hereby agrees that it will not arbitrarily withhold
aald written consent to a change of Raid elevation.
/W/GAtfLE THOMPSCJW
UEVKKLY V. fSSMPSON
COUNTY OF LOS ANGELES:
On April 15, 196J before me, the undersigned
a Notary Public in and for said County and State personally appeared
W. GAYLE THOMPSON and BEVERLY V. THOMPSON known to
me to be the persons whose names are subscribed to the within instrument
and acknowledged that they executed the same.
This la to certify that the Interest in real property conveyed by the
deed or grant dated d&'C ST. St*3 from W. GAYLE
THOMPSON and BEVERLY V. THOMPSON, husband and wife, 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 Carlsbad Municipal
Water District on W*'C ** /9** and the Grantee
consents to recordation thereof by its duly authorized officer.
CARLSBAD MUNICIPAL WATER DISTRICT
Secretary of the Carlsbad Municipal WaterDistrict and the Board of Directors thereof