HomeMy WebLinkAbout; CONNOR, BESSIE ELIZABETH EMILY BORDEN; 16855; Easement. -.
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also known as Elizabeth 3. Cohhor formerly I i
I, BESSIE ELIZABXTH EMILY BORDEN CONNOR,/who
derived title as Bessie Elizabeth Emily Borden, for and in
consideration of TEN DOLLAX3 ($10.00) do hereby grant to
CARLSBAD SATurl:TiiRY DIST2IC:T all t.hat real property situated in
the County of San Diego, State of California, bounded and de-
scribed as f ollovis: ' I ., !
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An easement' and right of way for'road purposes over and across a uortion of Lot *Jn of the Rancho Agua Bedionda, in the County of-.Sqn Diego, State of California, accord- ing to the Nap thereof No. 823, filed in the office of the Recorder of. San Diego County Noveaber 16, 1896, described as follows:
COi?+"ENCING at Station 14 plus 01.2 5 on the center line of Koad Survey No. 925, according to the Map thereof on file in the office of the County Surveyor, being North 17" 18' 20n TNest"100,92..feet from the Northerly end of the curve on said center line at Station 3 plus 00.33;
. thence at right &ngles North 72O 41' 40" East, 20 feet to the true point of beginning; thence North 17O 18' 20" ;Vest along a line pmallel with the center line of said Road Survey No. 925, a distance of 92.51 feet to the be- ginning of a curve to the left having a raaius of 1520 feet and being concentric with the curve of 1500 foot radius in the center line of said road; thence Northwesterl along said curve through a central angle of 5O 40' 30" for a distance of 150.55 feet; thence North 22O 58' 50" %est
end of a tangent curve conc8ve Northerly whose center bears North 67O 01' lon East, 25 feet fyom said point; thence Southeasterly, Easterly and Northeasterly along said curve through a central angle of 152O 27' 26* for a distance of
66.52 feet to the end of said curve; thence South 85" 26' 1 East along the Xasterly extension of the radial line passin through said end of curve, a distance of 40 feet to a point on a curve, whose center bears South 85O 26' 16" East,
480 feet from said point; thence Southerly along said curve tkrough a central angle of 6O 10' 04" for a distance of 51. feet; thence South 1" 36 ' 20" East, tangent to said curve 213.63 feet to the true point of beginning.
. .. .. tangent to said curve, 33.65 feet to a point at the Yiesterl
Also
A right of way 40 feet wide for road puqoses over and acrosp a por.tion of said Lot ?'Jn of Rancho Agua Hedionda,
.. .. __..,..- --Wlflg 20 fc3'8't on each side, measured at right angles or v--"radially, from a center line described as follows:
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BEGINNING at a point which is North 85O 26' 16" west,
20 feet from the most Easterly corner of the above de- scribed parcel of land, said point of beginning being
on a curve concave Southeasterly, having a radius of 500 feet and being concentric vith and distant 20 feet
radially from the curve having a radius of 480 feet in
the Southeasterly line of said above described Fareel;.. thence Northeasterly along said curve, through a central angle of 9O 56' 56H. for a distance of 86.82. feet: thenc.e TTorth 14" 50' 40" East tangent to said curve, 106.57 feet to the beginning of a tangent curve to the right, having a radius of 200 feet; thence Northeasterly and Easterly along said curve, though a central angle of 45" 15" for a distance of 157.95 feet; thence South 80° 20' 20" East tangent to said curve, 7.35 feet to the beginning of a tangent curve to the left having a radius of 125 feet; thence Easterly along said curve, through a central angle of 85:' 10' for a distance of 185.80 feet; thence North 54O 24' 40" East tangent to said curve, 256.66 feet to the beginning of a tangent curve to the left, having a radius of 500 feet; thence Northeasterly along said curve, through a central angle of 29O 21' for a distance of 256.13 feet; thence North 25O 03' 40" East tangent to said curve 251.76 feet to the beginning of a tangent curve to the right, having a radius of 200 feet; thence Northeasterly along saic curve through a central angle of 34" 07 T 50", for a distance
of 119.14 feet; thence North 59O 11' 30" East, tangent to said curve, 832.24 feet to the beginning of a tangent curve to the right having a radius of 200 feet; said right of way terminating in a lhe, and the Southerly extension of said line, vhich bears North 9O 32' West from a point which is South 59O 11' 30- West, 1.33 feet from the begin- ning of said 200 foot radius curve, the Northerly -line of said right of way being. extended Easterly along a curve having a radius of 220 feet and being concentric with said 200 foot radius curve, to its intersection with the afore- said line having a bearing of North 9O 3.2' West; and the Southerly line of said. right of way being shortened to its point of intersection with the same line; szid line having a bearing of North 9O 32' \'test (record Eorth 7O 00' West) being the 'desterly line of a tract of land conveyed to 'Jlilliam Xarle borden by deed dated April 14, 1913 and recorded in Book 614, page 391 of Deeds and being also the Easterly line, and its Southerly extension, of a tract of land conveyed to 3dwin Kaymond borden by deed dated Anril 14, 1913 and recorded in 3ook 681, page 217 of Deeds, the Southeasterly corner of said land conveyed to said Edwin Zaynond borden bearing North 9O 32' ::;est, 168.97 feet from the point at the ~asterly end of the center line of the herein described 40 foot right of way.
WITI'JESS my hand this 17th day of March 9
1945 .
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STATE: OF CALIFORNIA) ) ss. COUNTY OF SAN DIEGO)
On Viis 17th day of -, 1945,
before me, the undersigned, a Notary r’ublic in and for said
Lounty and State, residing therein, duly commissioned and
sworn, .personally appeared BESSIE ELIZk3ETH EMlLY BOZDEN
CONNOR, known to me to be the Derson whose name is subscribed
to the within instrument and acknowledged to me that she
executed the same.
IN ::;ITItESS I:F23EOF, I have hereunto set my hand and
affixed my official seal at my office in said County and state
the day and year in this certiflca-Le first above written,
m:”- IGotary -Public in snd forbid County and State.
My com3.ssion expires December 17, 1946
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the following is a full, true and correct copy of a rresolutic
adoyted at a meeting of the Board of Directors .of said Uis-
trict, held 39 , 1945.
HESOLVED that the carlsbad Sanitary District
accept that certain Grant Deed dated M?@mh /7
Grantor and Carlsbad Sanitary i>i’strict.,is Grantee and
the title to the property conveyed thereby.
1945, wherein BZSSIE ELIZmXE E~vIILY ,BOADEN CONNOR is 9
PASSED AND ADOPTXD this 33 day of fl4ycL 1945 b ” 0
Dated: MAW k 4,’ iq46 ~
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SOUTHERN TITLE & TRUST COMPANY
OF SAN DIEGO, CALIFORNIA
a California corporation, herein .called the Company, for a valuable consideration paid for this
Poky of Title Insurance No 150039 Does Insure
Serlsbad. SanittJry District,
,
together with each successor in ownership of any indebtedness secured by any mortgage or deed of 1 shown in Schedule C, the owner of which is named as an insured, and any such owner or success ownership of any'such indebtedness who acquires the land described in Schedule B, or any part thereo: lawful means in satisfaction of said indebtedness or any part thereof, and any person or corpom deriving an estate or ihterest in said land, as an heir or devisee of a named insured, or by reason of dissolution, merger, or consolidation of a corporate named insured, against loss or damage which insured shall sustain, not exceeding the face amount of this policy, tn-wit:- . - Dol by reason of title to the land described in Schedule B being vested, at the date hereof, otherwise tha herein stated; or by reason of unmarketability of the title of any vestee to said land, at the date he: unless such marketability exists because of defects, liens, encumbrances, or other matters show Schedule C; or by reason of any defect in, or lien or encumbrance on said title, existing at the date he: not shown in Schedule C ; or by reason of any defect in the execution of any mortgage or deed' of t shown in Schedule C securing an indebtedness, the owner of which is insured by this policy, but insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land; a reason of priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbr upon said land, except as shown in Schedule C; all subject, however, to Schedules A, B, C and D anc stipulations herein, all of which schedules and stipulations are hereby made a part of this policy.
In Witness whereof, Southern Title & Trust Company has caused its corporate name and sei
be hereunto affixed by its duly authorized officers at 9 A. 1.:. on February 15, 1946. -
Two xur&ed;FiftT (S250,f)O) - - - -_- - - - - - - - - - - - - - - -
SOUTHERPII' TITLE & TRUST COMPAN:
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BY - President
Attest 11 \ A8sfs+ktnt /--A- Secretaq
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"he title to said land is at the date hereof vested in ~
Carlsbad Sanitary District.
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! thence Bortaeasterly rlong said. curve, through e central angle of 29' 21
.for 2 &istance of 3,56,13 feet; thence Yorth 25" 03' 40" Bast tangent to
said curve 251.76 feet to t2.s begimlrg of a tangent curve to the right,
having 3, radius of ?OO feet; thence 2:ortheasterly a.lmg sztd cume tkoq
2, central mgle of 34O 07' X)!', for a distpnce of 119,14 feet; thence
of 3. ta,.nger,t curve to the right having 8, rad-ius of 200 feet; ssici right (
wqr terrilinating in 2. line, and the Sou-therly extension of said line If2icl
'Dears 3Jortb 9* 32' Yest fro= a pint which is South 59O Ill 30'' Vest, 1,;
feet from the beginning of said 200 foot rz.dius curve, the Tortherly lint
of szdd right of 'v~,y behg extezded Saiterly alocg a curve having 8 r2di1
of 220 feet and Sehg concer?tric with s&3 200 foot raCius curve, to its
intersection with the zf3resaj.d line 'nzv-ing e bezri-n,7 cf Xorth 9* 32l We: and the Southerly lim of' swid right of wa;~ being shortened to its poizt
of intersection with the same line; said line hving a. bearing of Morth C
32' Vest (record Borth '7O VI1 ':rest) beicg the Yesterlg line of F tract of lZ,nd conr7eyed to ?illiaE krle Jorden 'by deed &.tea &oril 14, 1913 =nL re
coi-ded in Book 6x4, page 32: c;f Ceeds ?.nd being cs.Isc; the Ea9terly Lhrx,
alzd its Southerly extension of 2. tract cf laad ccrivepsd to 3dvfn &yaond
%crden by deed ds.ted. &rif 14, 1913 and recsrded in Book 681, page 217 32
Deeds, the Southezsterly eorner of ssid land conveyed to mi$. Edvrin P~po
Bcrdem, bear?ng Xcrth 9* 32' ?feet, 168.97 feet fros. tk.e point zt t're Zest
erly end Qf the center line of the herein c?escribe& $0 foot right cf wy.
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mth 59' 11' 30ii %,st, t?..ngent to said curve 852,?& feel to the beginnil
la 3 f?
1, Second installment of Gouty tzxes for the fiscal yesr 1945-46,
2. Tfie right of the p.hlis to use that portion of pronesty in cl?;.es-
cow due and nayable.
tion, la-ing within the IsouEds cf Soad Surve$ Xo. 925, or my other yubliz
road,
3. An easemeot over that portion of said land. for roe.& Fdryoses OVE
that pol-tlon of prcperty ir, oLuestio.n, lfing in RoaG Survey Bo, 140, and i
zidental. ~w.rposes 8.s granted to Sen Diego County, in deed recorded Seated
7, 1898, in Book 257, page 387 of Deeds.
4. B mortgage deted Febrmry I, 1922, executed by Zli zabeth Emily
Gonnor, (fornerly ~mom 2s Bessie (Elizzbeth) 3kil.g 3orden) and Rqmond
George Comor, her huebsnd, tc secure an indebtedness of $1400.00 in fava]
of The Federal Land. Bank of Zerkeley, a corporztion, and any other azount!
pzyable under the terns thereof, recorded hpril 7, 1922, in Book 336, 22.g
37 of Deeds,
XCTE: By an agreement dated July 23, 1945, the lien of szid r;ortg%:e
herein described comented to the said eaement, which said agreement wa-s
recorded Februay 15, 1946.
was md.e zcbject to the easenent herein insured a116 the Lortgagee
SOUTaERN TITLE & TRUST COMPANY
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SCHEDULE D
The Company does not, by this policy, insure against loss by reason of: I. Easements or liens which are not shown by the public records (a) of the District Court of the Fe District, { b) of the county, or (c) of the city, in which said land or any part thereof is situated 2. Rights or claims of persons in possession of said land which are not shown by those public rei which impart constructive notice. 3. Any facts, rights, interests, or claims which are not shown by those public records which impart structive notice, but which codd be ascertained by an bspection of said land, or by making inqui persons in possession thereof, or by a correct survey. 4. Mining claims, reservations in patents, wster rights, claims or title to water. 5. Any governmental acts or regulations restricting, regulating or prohibiting the occupancy or u! said land or any building or structure thereon. 6. Assessments, taxes or encumbrances created or levied by any Improvement, Irrigation, Public Ut Sanitary or other District, unless the amount of the assessment or tax has become fixed and is dut payable and shown as a lien at the date hereof by the records in the offices of the Tax Colle Auditor or Treasurer of the County of San Diego.
S!lXRJLAac4[ONS
SCOPE OF 1. This policy does not insure against and the Company COVERAGE will not be liable for loss or damage c;eated by or arising out of any of the following: (a) defects liens claims encumbrances or other matters which result in no pecuni&y 10;s to th6 insured. (b) be- fects liens encumbrances or other matters created or occurring subse- que& to t'he date hereo/. fc) defects liens encumbrances, or other matters created or suffered by the insurgd claihing such loss or damage' or (dl defects liens, encumbrances, or other matters existing at thi date of this pblicy and known to the insured claimlng such loss or damage, elther at the date of this policy or at the date such insured claimant acquired an estate or interest insured by this policy, unless such defect lien claim encumbrance, or other matter shall have been disclosed to'the kompaAy in writing prior to ,the issuance of this policy. Any rights or defenses of the Company against a named insured shail be equally available against any person or corporotion who shall be- come an insured hereunder as successor of such named insured.
DEFENSE OF 2. The Company at its own cost shall defend the insured ACTIONS in all actions or proceedings agoinst the insured founded upon a defect, lien, encumbrance, or other matter insured against by this policy and may pursue such litigation to final determination in the court of fast resort. In case any such action or proceeding shall be
of title or interest adverse to the title as insured, or which might cause begun, or in case knowledge shall come to any Insured of any clcim
loss or damage for whlch the Company shall or may be liable by virtue
NOTICE OF Company thereof in writrng. If such notice shall not of this policy, such insured shall at Once notify the
OR CLAIMS appearance day in any such action or proceeding, or if ACTlONS be given to the Company at least five days before the
TO BE such insured shall not in writing promptly notify the
THE INSURED matter insuredagainst, or of any such adverse claim GWEN BY Company of any de#&, lien, erhmbrance, w other
which shall come to the knowledge of suck insdred, in respect to which loss or damage is apprehended, then cill liobillty of the Company as to each insured havrng such notice in regard to the subject of such action, proceeding, or c1ai.m shall ?ease and termjnofe'
the clam of any insured unless the Company shall be actually preju- provlded, however, that fallure to so notlfy shall In no case pre,ud!c;
diced by such failure. The Compcny shall have the right to institute and prosecute any action or proceeding or do any other act which, in Its opinion, may be necessary or desirable to estoblish the title, or any insured lien or charge, as insured. In all cases where this policy permits or requires the Company to prosecu?e or defend any action or pro- ceeding, the insured sholl secure to it In writtng the right to so prosecute pr defend such action or proceeding, and all appeals therein, and permit It to use, at its option, the name of the insured for such purpose. When- ever requested by the Company the .insured shall assist the Company in any such action or proceeding in effecting settlement securing evidence, obtaining witnesses, proskuting or defending such'acticn or
by the Company and the Company shall relmburse the insured for any proceeding to such extent and in such manner as is deemed desirable
expense so incdrred. The Company shall be subrogated to and be entitled to all costs and attorney's fees incurred or expended. by the Company, which may be recoverable b the insured in any lltlgatton carried on by the Company on behalf o?the insured. The word "knowl- edge" in this paragraph means actual knowledge and does not refer to constructive knowledge or notice which may'be imputed to the insured by reason of any public record or otherwise.
BAY SETTLE OR or compromise for or in the name of the kured' OPTION TO 3. The Company reserves the optian to pay settle
CdMPROM{SSE an claim insuredlagainst or to pay ?his policy in'
of the full amount of this policy, together with all accrued costs which CLAIMS fulrat any tlme, and payment or tender of payment
the Company is obligated hereunder to pay, shall .terminate all liability of the Company hereunder, including all obllgat~ons of the Company with respect to any litigation pending and subsequent costs thereof.
Ser C 4.4 County 4M-6-45 FtS
SUBROGATION 4. , Whenever the Company shall have se UPON PAYMENT ctalm under this policy,. it shall be subrogc
dies which the insured would have had against any person or PI OR SETTLEMENT and be entitled to all rights, securlties, and
does not cover the loss of the insured, the Company shall be subr In respect to such claim, had this policy not been issued. If the pc
to such rights, securities, and remedies in the proportion whic pcyment bears to the omount of said loss. In either event the I shall ,transfer, or cause to be transferred, to the Company such securlties and remedies and shall permit the Company to use thc of the ikured in any'transaction or litigation involving such securities, or remedies.
INSURED OWNER any loss is claimed under this pollc by an' OBTiON TO PAY 5. The Company has the right and option
OF INDEBTEDNESS owner of an indebtedness secured gy mortg AND BECOME deed of trust, to pay such insured the inc OWNER OF ness of the mortgagor or trustor under said SECURITY gcge or deed of trust together with all cost! the Company IS obligated hereunder to pa;, in which case the Cc shall become the owner of and such insured shall at once asslc transfer to the Company sdd mortgage ar deed of trust and the ii edness thereby secured and such payment shall terminate all Ii under this policy to sugh Insured.
NOTICE OF 6.. A. sfatement in writing of an loss or dama,
shall be furnished the Compony within sixty days after such I LOSS whrch It IS clarmed the Company is iable under this
damage shall have been ascertained. No action or proceeding f recovery of any such loss or damcge shall be ins: LlMDTATlON or maintained agomst the Company untll af.fer ful OF ACTION pliance by the insured with all the condltrons In
within twelve months after receipt by the Company of such ! on the insured by this policy, nor unless comn
statement.
PAYMENT OF 7. The Company will pay in addition to ar LOSS AND insured against by this poliiy! all costs imposec
LITIGATION, for the insured, and in litigction carried on t COSTS OF the insured in litigation carrled on by the Co.
ENDORSEMENT insured with the written authorization of the OF PAYMENT pany, but not otherwise. The liability of the Cor ON POLICY under this policy shall in no case exceed, in a actual loss of the insured and costs which the Company is ob1 hereunder to pay, and in no case shall such total liability excec face amount of this policy and said costs. All payments under thls shall reduce the face amount of the insurqnce pro tanto, and pa of loss or damage to an insured owner of Indebtedness shall redL that extent, the liability of the Company to the insured owner c
this policy for endorsement of such payment. land. No payment may be demanded by any insured without prcx
PAYMENT OF insured owner of Indebtedness secured by mort'gc MANNER OF 8. Loss under this policy shall be payable, first '
LOSS TO deed of trust shown in Schedule C, in order of p INSURED therein shown, and if such ownership vests in mor( one payment shall be made ratably as thew respective interest apdear and thereafter any loss shall be payable to the other in and if 'more than one,'then to such insured ratably as their resp Interests may appear. If there be no such insured owner of indebte, cny loss shall be payable to the insured and if more than one, tc insured ratably as their respective inter& may appear.
ENDORSEMENT waived or changed except by writing endorsed WRITTEN 9. No provision or condition of this policy CI
REQUIRED TO on or attached hereto signed by the Presidq CHANGE POLICY Vice-president, the Secretary, or an Assistant. tary of the Company.
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A~~E~~ 08 mn QP RAT
IT 19 AQRBIBI by mQ Betwedn CARLSB-AD SANITARP DTS23Wl2
eurd BESSIE XLIZJLBBZIR BELY BORDER CON8OB that for and in son-
sfdssation of the grant to the Stmitaw Dtstrfct by the mi&
Bcsss2.g I%liaabs+h Emily Borden Connar of. an esteemen+ aaB z?i@a*
of way across e3. portion ,of Lot J of Rancho &ua Eedionda, Count
of Ban ~iegcr,' ,State oi Califarnta, that ~he Garlsbad'sanitary
BEa?Jtrfts% will fence sal& righi; of wag et* will, at its om 0-4
and expl~pase, keep and maintain said rlbght of way an8 will @on-
str~ctt across the said right of way, at a point whiub the said
Districtt shall, select, d suitable sattLe unbrprsss. -
DdLrnD this /3 day of 3.945. *
C.XRUBJLD SU3ITmP: DISTRICT
BY