HomeMy WebLinkAbout; Bios Inc; 17419; EasementPaul S. Swirsky Attorney at Law
2965 Roosevelt - Suite 'H'
Carlsbad, California 92008
892712
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e--. {e @PANT OF RIG€$" OF WAY D3CUMENTARY fw$mR TU $-ms*Bmaaamm
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I c- iiB --~afifdnia awporaition, as d;;gwtpx, for and in considers% f the sum of One Dollar and othek\ valuable consideration pa& by 4 RLSBAD MUNICIPAL WATER IDISTRICT,
a municipal water district, as 0 antee, receipt whereof is hereby acknowledged, does hereby grant; o said CARLSBAD MUNICIPAL WATER DTSTRICT, 'its successors and asSCgns, an easement of right of way in, upon, over, under and acrosq'the lands hereinafter described, to erect, konstruot, reconstruct1 replace, Eepair, maintain and use a pipeline or pipelines for ny and all purposes, together
with their necessary fixtures an appurtenances including but not limited to conduits and cab1 s for power transmisdion and - cammunkatdon purposes, at such and elevations, upon, along, over and under the hereidafter described right of way as Grantee may now or hereafter deyn convenient and neceersiary from the to tbe, together with the right of ingress thereto and egress therefram, to and along daid right of way by a practical mute or routes in, upon, lands, tcqethet with the right o clearpnd keep clear said right of way fram exploaiv,es, wh-&ch interferes with the norma ingress and egress rights and the acw&ssl?N.ity of the pipeline €br maintenance and repairs.
nd across the hereinafter described
structures or.any other substance Over '1
buildin?s
I in wh anent of right of way is hereby of f tier.
Grantor and its successors'in estate shall not erect or
tLLdlx& rid are more particblar
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construct, or permit to be erected or constructed, any building or other structure, plant any tree or trees, drill any well or well@, or cause directly or inqirectly any modification of the right of 'way which increases the burden of Grantee's right of . ingrssis and egress and the accessibility of the pipeline for maintenance and repair', 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 ease- ment in whole or in part being hereby granted to the Grantee.
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The legal description of the easement is as follows:
That portion of Lot 30 of GREENVIEW UNIT NO. 2,
in the County of San Diego, State of California,
according to Map thereof No, 6251, filed in the
office of the County Recorder of said County,
December 26, 1968, designated thereon as "private
street",
Excepting that portion of said "private street"
lying within the southeasterly 15.00 feet of said
Lot 30.
Also excepting that portion of said "private street"
lying southwesterly of the location and prolongations
of the southwesterly line of Lot 21 of said Greenview Unit No. 2.
Grantor is hereby given the right to dedicate any portion
County, State or City for road purposes, provided, however, if it becomes necessary to improve said right of way before the
%, same will be accepted by the City, County or State, and such improvements require the relocation of any of Grantee's improve- ; 'ments theretofore constructed in the right of way, the entire
cost of such relocation shall be borne by Grantor before this
subordination to the right to dedicate to City, County or State
shall be effective.
: of the real property over which said easement lies to any
It is also understood and agreed by the parties hereto
that the Grantor and its 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, saving
and excepting in conjunction with a dedication of said land
for road purposes as above provided, in which event should
the change in elevation required for such dedication and
acceptance, at the sole discretion of Grantee, endanger the
structural integrity of the improvements theretofore made by
Grantee, said improvements shall be relocated as above
provided.
IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument
to be executed this 16th day of January, 1969.
3 BIOS, INC.
A CalifoAnia corporation
Page 2
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This is to certify that the interest in real property conveyed
by the grant of right of way, dated January 16, 1969 from
BIOS INCORPORATED, a California corporation, as grantor, 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 January 24, 1969,
and the grantee consents to recordation thereof by its duly
authorized officer.
DATED: January 24, 1969.
CARLSBAD MUNICIPAL WATER DISTRICT
] ss. STATE OF CALIFORNIA
COUNTY OF
On January 16, 1969 before me.
.sAN DIEGO
the undersinned, a Notar Public in and for said County and Stat('.
known to me to be the--President, and- __ __
-~, known to me to be
Secretary of the corporation thdt ekctuted flip within Instrument, known to me to be the persons who e~er-oted the within Instrument on behalf of the corporation therein named. and
personally appeared hAN R. PERRY
Vice DAVID S. LANE
acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors.
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Signature LA agcc, /- ? )L.k+"4
Secretary of the Carlsbad Municipal
Water District and .of the Board of
Directors thereof.
~. Name (Typed or Printed)
Notary Public in and for said County and State
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