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Home My WebLink About; Briggs Land Corporation; 22864; Easementcon~4381 lnGEi32 THIS INDENTURE, made this 5th day of February, 9 1952, by and between BRIGGS LAND CORPORATION, hereinafter called first party and CkRLSBAD WTUAL WATER COMPANY, a Corporation, organized and existing under the laws of the State of California, with its principal office at Cmlsbad, California, hereinafter called second party; That the first party, for and in consideration of Ten ($10.00) Doll%-s and other good and valuable consideration to them in hand paid by the second party, the .receipt whereof is hereby acknowledged, does by these presents grant, bargain, sell, convey and confirm unto the second party, and to its successors and assigns, the right, right of way, easement and privilege to lay, build and maintain on, in, under, over and/or across the hereinafter described real property, for the purposes of convey- ing water, one or more pipe lines, together with the right of in- gress to and egress from said real property for the purpose of making surveys, locating, putting down, constructing, placing, re- placing or reconstructing in the same or any other position therein or thereon, maintaining, operating, connecting with and/or repair- ing any and all of the above-mentioned items, and for all other purposes that are or may become necessary and incidental to the construction, reconstruction, placing, replacing, maintenance and/ or operation of any and all of said items. real property is described as follows: The above mentioned A strip of land twenty (20) feet in width, lying ten (10) feet on each side of the boundary line common to Lots 73 and 74 of Carlsbad Highlands No. 2, as per Nap thereof No. 2825 filed for re- cord in the County of San Diego, and extending from the Westerly line of Sunny Hill Drive to the Westerly line of said Lots 73 and 74; ALSO A strip of land eighteen (18) feet wide lying be- tween the Kest 1ir.e of Skyline Road and the East _I_....... ~ . .. . . . . . .. .. . ._. -. . . . . line of Clearview Drive, described as the Souther %~&KBI oitGE133 eighteen (18) feet of Lot 49 of CDrlsbad Highlands- No. 2, and the Northerly eighteen (18) feet of Lot 56 of Carlsbad Highlands No. 2, the Northerly line of said strip being the Northerly line of Lot 56 and its Easterly prolonga.tion and the Southerly line of said strip being'the Southerly line of Lot 49 and its Westerly prolongation. This grant is rnade subject to the following convenants and conditions on the part of the second party, its successors and assigns, to be by them kept and performed, viz: 1st. That upon the permanent removal from said premises by the second party, its successors and assigns, of all of the above mentioned items and equipent, the right to remove which is hereby granted, the surface of the ground shall be restored as nearly as possible to its present general condition. 2nd. That the placing construction, reconstruction, maintenance, operating and repairing of any and all of said items and equipment shall be done so as to interfere as little as pos- sible with the agricultural use and cultivation of the above described real property by the first party; that the surface grade of said property shall not be changed by first party sub- sequent to the commencement of construction work by second party; and that first pzrty shall carry on their operations of said real property in such manner as not to damage or interfere with any of the equipment at any time placed, constructed, maintained or used thereon by the second party, its successors and assigns. TO HAVE AND TO HULD unto the second party, its successor's and assigns. WITNESS our hand and seal, the day and year first above / written. (Se a 1 c COAPORATION -/ Preside -it SecrP t? ry Bj; : " , BOOK 4381 PAGE 134 STATE OF CALIFOHNIA ss COUNTY OF SAN DIEGO j On this 5th day of February , 1952, before me, the undersigned, a Notary Public in and for said County and State personally appeared DONALIP A. BRIGGS known to me to be the President W 99 of the Corporation that executed the within instru- ment on behalf of the Corporetion therein named, and acknotv- ledged to me that such Corporation executed the same. VSIThTSS my hand and Official Seal. *I Notary Public in and fob. I RECORDED AT REQUW * D. P. JOHNSTON BOARD OF MRECTDPS Socntary-Wmoger I. H. GRONSETH, Proddent E. 0. HAGEN C. H. INGELS E.G.CWiNER . H. W. RATCLIFF I "T-.: r -, 000~4381 PA~EI~I OFFICE 01 ELM i' *'I. ' ADDRESS All LETTERS P. .o Box 7 TO THE COMPANY - TELEPHONE a62 CARISBAD, CALIFORNIA llBZ, IT XZSOLVED.. . .th:~t the proper of'ficers of this Co:?!pa.ny be and tney a.re hereby authorized to accept a 20-ft. ezsement for 2ipe line pur- poses centering on the line betweeii Lots 73 and 74 cs shown on Lap of Czxlsbad fIigh1and.s #2 from Sunny- hill Drive to the l.Y11y line of said lots....thence on a course to be mutiia.lly agreed uFon by the par- ties thpreto, to PF.rk Drive along the East line of Lot 1, %lock H, Bella Vista Tract..." .- "._.I..." . . . . ____,,___ I hereby Certify thct the above is a true and correct copy of the Linutes of the meeting of the 3oard of Direc- tors of C3rlsbad Zutual L'ater Coi:p2-!ny, held in the oi'.Cj.ce of the Company in the Town of Carlsbad, County of San Diezo, State of Celifornia., on Oct. 19, 1551. .. /------ -I *v This Agreement, by and between Carlsbad Mutual Rater Company, a California Corporation, hereinafter called Wuyer" and Briggs Land Corporation, a California Corporation, hereinafter called Y5eller", a pipe line easement and real property described as follows: the form customarily used by said Buyer, twentyfeet in width centering on the line between Lots'73 and'74 as shown on proposed map of Carlsbad Highlands No. 2, from Sunnyhill Drive to the Westerly line of said Lots; thence on a course to be mutually agreed upon by the parties hereto, to Park Drive along the East line of Lot 1, Block W1, Bella Vista. Lots 45 and 46 as shown on said proposed map of Carlsbad Highlands No. 2, except a triangular shaped portion of Lot 46 lying Southeasterly of a line des- cribed as follows: Beginning at a point on the South line of Lot 46 distant there- on 80.0 feet Easterly from the Southwest corner of said Lot 46; thence Northeaster- ly to a point in the Easterly boundary of said Lot 46 distant thereon 20 feet Southerly from the Northeast corner of said Lot 46, Witnesseth: An e,amnent for the construction and maintenance of a water pipe line on that the Buyer agrees to buy and the Seller agrees to sell for the purchase price of Two thousand five hundred ($2,500.00) Dollars. The purchase price is to be paid in cash upon recording of a pant deed and easement and the delivery by the Seller to the Buyer of a policy of title insurance in the mount of $2000, showing title to Lots 4.5 and 46 to be vested in Carlsbad Mutual Water Compaq clear of encumbrance except restrictions of record, County taxes for 1951-52, and inclusion in the Carlsbad Public Utility District. The Seller is to protide a description and set property corners on the land to be conveyed and the Buyer is to provide a description and Fepare the easement above described. The Buyer is to pay for recording both instruments. The Buyer is to execute an agreement in writing that the height of any reservoir constructed on said Lots 45 and kt5 shall be not greater than the ele- vation of the natural ground along the South line of Lot 46 at the midpoint be- tween the East and West lines. BRIGGS LAND CORPORATION CAFUSBAD MIJTU&WATER COXPANY /' Q by -4%4&44 a&&P Donald A. Sriggs, President , ,G