HomeMy WebLinkAbout; Donald A. Briggs Farm Produce; 342; Easement. e---
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THIS INDENTURE, made this 14thday of December ,
4 194 4, by and between DONALD A. BRIGGS FARM PRODUCE (a partner-
sh5.p composed of Elizabeth A. Eriggs, Donald A. Eriggs and
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,’ Lorraine KO Brigga), hereinafter called first party, and
CARLSBAD MUTUAL WATER COMPANY, a corporation organized and
existing under the laws of the State of Californla, with Its
principal office at Carlsbad, California, hereinafter called
second party,
That the first party, for and In aonsideration of
Ten Dollars ($10.00) and other good and valuable consideratfons
to it 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 suo-
cesaorsand assigns, the right, right of way, easement and prlv-
llege to lay, build and maintain on, in, under, over and/or
across the hereinafter descrfbed real property, for the purposes
of conveying water !and/or power and of operating a control cir-
cult for the operation of an automatic pumping plant by remote
control, and for the housing of water pumping, water chlorin-
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atlon and water pur€f icatlon equipment; one or more ‘buildingsl
pipes, pipelines, acqueducts, f lumea, subways, viaducts, con-
duits, poles, pole-lines, anchors, guy-wlres, croaa-arms, in-
sulators, control cirauit equfpment, water pumping equipment,
water chlorination equipment and/or water purif ication equip-
ment; together with the rfght of fngress to and egress from
said real property for the purpose of making surveys, locating,
putting down, constructfng, placing, replacing or reconstructing
in the same or any other position therein or thereon, maintain-
1
ing, operating, connecting with and/or repairing any and all of
the above-mentioned items, and for all other purposes that are
or may be or become necessary and incidental to the construc-
tion, reconstruct ion, placing, replacing, maintenance and/or
operation of any and all of said lfemsb The above mentioned
real property is described as follows :
A strip of land 20 feet in width, lying 10 feet on each side of a line described as commencing at the intersection of the Westerly line of Ut ftIt' of Rancho Agua Hedionda in the County of San Ciego, State of California, according to Map No. 823, filed Novem- ber 16, 1896, records of said County; and the center line of Pllonroe Street as shown on Map of Thum Lands No. 1681, filed December 9, 1915, records of said County; said point of intersection belng also the most Northerly corner of Bellavista, according to Map thereof No. 2152, filed March 7, 1929, records of said County; thence South 28O 39' East along the Easterly line of said Bellavista 397.56 feet to an angle point; thence continuing along the Easterly line of said Bellavista S 26' 11' West 520.04 feet to a point; thence South 63' 491 East 425.00 feet to the moat Southerly corner of land conveyed to R. W. Poindexter by deed recorded July 26, 1941 in Book
1221, page 14 of Officlal Records; thence North 26O 11' East 1121.25 feet along the Southeasterly line of said Poindexter land; thence North 58O 14' 25" East continuing along the said Southeasterly boundary of Poindexter land, a distance of 177.91 feet to the TRUE POINT OF BEGINNING of the center line of the easement herein described; thence leavlng the said Southeas terly boundary of Poindexter land and through land conveyed to Donald A. Briggs Farm Produce by
of Official Reoords South 8O 18' 40" East 1750.90 feet to a point; thence South 23' 27" 20" East, 540.08 feet to a point; thence South So 03' 40" West 2802.68 feet to a point; thence South 40' 25' 20" East 297.42 feet to an angle point at the Southwest- erly extremity of that certain line in said deed to Donald A. Briggs Farm Produce havlng a bearing of North 46' 51' 10" East 551.07 feet.
deed recorded October 13, 1944 in Book 8 Page
This grant is made subject to the following covenants
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 pre-
mises by the second party, its successomand asslgns, of all
of the above mentioned items and equipment, the right to remove
which is hereby granted, the surface or" the ground shall be re-
stored as nearly as possible to Its present general condition.
The buildings housing the water pumping, water chlorination and
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water purification equlpment shall be erected and maintained
solely on and at the Southwesterly extremity of said premises.') -
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 possible with the agricultural use and cultivation of the
above described real property by the first party; that the sur-
face grade of said property shall not be changed by first party
subsequent to the commencement of construction work by second
party; and that first party shall carry on its agrioultural use
and cultivation of said real property in such manner as not to
damage or interfere with any of the buildings and/or equipment
at any time placed, constructed, maintained or used therein or
thereon by the second party, its successors and assigns. '$
TO HAVE AND TO HOLD unto the second party, its suc-
cessors and assigns,
WITNESS our hand and seal, the day and year first above
wr i t t en.
DONALD A. BRIGGS FARM PRODUCE, (a partnersh5.p composed of
STATE OF CALIFORNIA
County of ke-hrrge3em )
San Diego ) SS.
On thia &.. -b6. day of ?4& 194&, before me, rT "!-
L a Notary Public in and for said
County, personally appeared , known to
b) y3&
I- --*-- -
4 me to be one of the partners of the partn hip that executed
the within instrument, and acknowledged to me that such part-
nership executed the same.
WITNESS my hand and official seal.
County and State.
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