HomeMy WebLinkAbout; Army and Navy Academy; 43779; Easement1 A S E M E N T ^0^}l(26i3 PAQ[
THIS INDENTURE, made this /.^ day of Ma*y, 194.9, by
and between mn^im MYY I^^:..LYJ a California Corporation,
hereinafter called Pirst Party, and CARLo3AD MTUAL ¥AT^R C0;.IPA1;'T,
a Corporation, organized and existing under the laws of the State
of California, v/ith its principal office in Carlsbad, California,
hereinafter called Second Party.
WITNESSETH
That the first party, for and in consideration of Ten
Dollars (.flO.OO) and other good and valuable consideration to it
in hand paid by the 3econd party, the receipt whereof is hereby
acknov/ledged, does by these presents grant, bargain, sell, convey,
and confirm unto the second pc,.rty, and to its successors and as-
signs, the right, right of way, easement and privilege to lay,
build and maintain on, in under, over and/or across the herein-
after described real property, for the purposes of conveying
T/ater, a pipe line, and supports, and., appurtenances thereof, con-
venient and necessary for the purpose and uses of said Water
Company, together with the right of ingress and egress over the
adjacent lands of the grantor herein, to the various points of
said rights of way necessary for the v/ork of construction, main-
tenance, replacement and repair of said pipe lines, supports and
appurtenances. The said rights of; ingress and egress to be
eyercised with the least possible detriment and inconvenience to
the lands so used.
Said pipe lines wherever possible, shall be placed under-
ground and covered by the natural soil to a depth w.hich will not
interfere with the use of the land through which they extend, -
provided that where it is necessary to the proper gradient
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and construction of said pipe lines, they may be carried over
arroyas, waterways, channels, and depressions in said right of
way above the ground and upon trestles and other suitable supports
The above mentioned real property is described as
follows I
An easement for pipe line purposes of the uniform
width of five feet over that portion of Lot 4,
Section 1, Township 12 South, Range 5 West, San
Bernardino Base and Meridian, in the County of San
Diego, State of California, said easement lying
2.50 feet on either side of the following described
centerline:
Beginning at the Northeasterly corner of said Lo_t J,;
thence along the Easterly line of said Lo-TT^ South
OoiO»West, 446.00 feet to a point in the Easterly
line of Laguna Drive as said Laguna Drive is shown
on the Map of Granville Park, Map No. 1782, on file
in the office of the County Recorder of said San Diego
County, said point being a point on the arc of a curve
concave Easterly and having a radius of 587.95 feet;
thence Y.'esterly along the arc of said curve an arc
distance of 69.86 feet to the true point of beginning
a radial line to said point bearing South 4053'¥est;
thence North 32<=20• 37"West, 499.30 feet; thence North
73036'West, 90.20 feet to an intersection with the
North line of said Lot 4, said point of intersection
being the Northerly terminus of said easement.
This grant is made subject to the following covenants
and conditions on the part of the Second Party, its successors
and assigns, to be kept by them and performed, viz:
That in the event that party of the First Part, its
successors or assigns, should elect to construct a channel or
waterway connecting the Lagoon with the Pacific Ocean, the Party
of the Second Part, upon receiving notice that construction work
has begun, will, within 90 days time, at the sole expense of
Second Party, lower any portion of said pipe line that inter-
feres with the construction, m.aintenance or operation of a
channel connecting said Lagoon with the Pacific Ocean.
TO HAVE AND TO HOLD unto the Second Party, its successors
and assigns.
YflTNESS our hand seal, the day and year first above
written.
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3T T"^] OF CALIEOrmiA
COUNTY OP 3A1J DEGO )
SS
BOOK i43^;a 7
AREY AED NAYY ACADEMY
A CaliflTrrjiia Corporation
0^ "t^^is day of y9Z
me
1949, before
a Notary Public in and for said
County and State, persontaiv ap pe are d ^ . (^jji^,^C'rt-<L^
Icnown to me to be the l^^i£.,<3,,<^-^;££*ty/ and //yC/l'Oixyfr^ P{^Zt^^^^ytn^i^
knov/n to m.e to be the , of the Corporation
that executed the within instrument, on behalf of the Corporation
therein najned, and acknoT/ledged to me that such Corporation
eirecuted the same.
T.'ITN;^]SS my hand and official seal the day and year
in this certificate first above written.
.•.iiiiiiii,,,.
"4:1>
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Notary Public in and for said
County and State.
My conmiission expires
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PAGE
EXTRACT FROM MINUTES OF THE BOARD OF
DIRECTORS of the CARLSBAD MUTUAL
WATER COMPANY MEETING held on
May 17, 194-9.
"BE IT RESOLVED that the President and Secretary
of the Corporation be authorized empowered and
directed to accept the following Easement on be-
half of the Company, and to have same recorded
in the County Recorder's Office in San Diego;
ARMY and NAVY ACADEMY
Carlsbad, Calif."
I HEREBY CERTIFY that the above is a true
and correct copy of the Minutes of the meeting of the
Board of Directors of Carlsbad Mutual Water Company,
held in the office of the Company in the Town of
Carlsbad, County of San Diego, State of California,
on Tuesday, May 17, 1949.
CARLSBAD MUTUAL WATER COMPANY
By;
S. D, Fraser, Secretary-Manager