HomeMy WebLinkAbout; Kelly, Allan O; 147712; EasementSheet 1 of
Right of Way No. 707-1
DOCUMENTARY TRANSFER TAX $— O
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED,
COMPUTED ON FULL VALUE LESS LIENS & ENCUM-
S REMAIN WTHERON AJ TIME OF SALE.
OR
SiWature^bf declarant or agent determining
fx - Fifm Name
GRANT OF RIGHT OF WAY
ALLAN 0. KELLY, a married man.
, as Grantor, for and in
consideration of the sum of One Dollar and other valuable considera-
tion paid by CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water
district organized and existing under the Municipal Water District
Act of 1911, as amended, as Grantee, receipt whereof is hereby
acknowledged, do hereby grant to said CARLSBAD MUNICIPAL WATER
DISTRICT, its successors and assigns, an easement of right of way
20.00 feet in width in, upon, over, under, and across the
lands hereinafter described, to erect, construct, reconstruct, re-
place, repair, maintain and use a pipeline or pipelines for any
and all purposes, together with their necessary fixtures and appur-
tenances including but not limited to conduits and cables for
power transmission and communication purposes, at such locations
and elevations, upon, along, over and under the hereinafter de-
scribed right of way as Grantee may now or hereafter deem con-
venient and necessary from time to time, together with the right
of ingress thereto and egress therefrom, to and along said right
of way by a practical route or routes, in upon, over and across
the hereinafter described lands, together1 with the right to clear
and keep clear said right of way from explosives, buildings and
structures.
The lands in which said easement of right of way is hereby
granted are situated in the County of San Diego, State of California,
and are particularly described as follows, to wit:
NO FEE
MAtL TO
&L Zsu*
RECEIVED
JUL 22 1971
JACK Y. KUBOTA
CONSULTING ENGINEER
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Sheet 2 of 2
Right of Way No. 70 7. ] <Su
The XXJOXMMXXKXIWX of said easement of right of way in the afore-
said lands is particularly described as follows:
All of that portion of Lot E, Rancho Agua Hedionda Map 823 :lyi^t
within'a strip of land,20.00 feet wide, 10 feet on each side of
the following described centerline: V ;
Beginning at Engineer's Station 441+00 of Road Survey 1800-1,
a plat of which is on file in the Office of the County Surveyor -
of San Diego County; thence North 66°36'00" West 15.00'feet t*v
the True Point of Beginning; thence Nprth 23°24'00'' East 45 -Otyeet
thence North 21S36'00" West 63.64 feet; thence North "66°36MJ0£fM ,-
West 122.00 feet; thence South 23?24'00" West 90.00 feet to '
line of Road Survey 1800-1; said point .also being Engineer s •
Station 442+82 of said Road Survey 1800-1.
Excepting therefrom that portion lying within Road Survey 1800-4'..
Also excepting therefrom that portion not lying within Grantors ...
property. ' '.,;''
Grantor and his successors in estate shall not erect or
construct, or permit to be erected or constructed, any building
or other structure, plant any tree or trees, or drill any well or
wells, 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 con-
venient and safe exercise of the rights hereby granted, the right
to transfer and assign this easement in whole or in part being here^
by granted to the Grantee.
Grantor agrees that no other easement or easements shall be
granted on, under or over said strip of land by Grantor, without
the previous written consent of Grantee.
It is also understood and agreed by the parties hereto that
the Grantor and his 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.
IN WITNESS WHEREOF, the Grantor _ executed these
presents this 3 *D day of Fe.b'^'ftxX , 19 7 / .
Executed in the Presence of:
Witness ALLAN 0. KELLY
Witness
NOTARIES - USE PROPER FORM
ORIGINAL
TO 447 C
(Individual)
STATE OF CALIFORNIA
COUNTY OF San Diego > ss.
On February 3.1971 before me, the undersigned, a Notary Public in and for said
State, personally appeared
LJft.uiX
_
0.
i;
Ian n. Kelly
_, known to me
to be the person whose name IS subscribed
to the within instrument and acknowledged that 116
executed the same.
WITNESS my hand and official seal.
Signature
Paul S. Swirsky
OFFICIAL SEAL
PAUL S. SWIRSKY
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OrriCE IN
CAN DiEGO COUNTY
My Commission Expires March 14,1974
Name (Typed or Printed)
(This area for official notarial seal)
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»
This is to certify that the interest in real <£t
property conveyed by the grant of right of way, dated
February 3, 1971 from ALLAN 0. KELLY, a married man, 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 February 3, 1971, and the grantee consents
to recordation thereof by its duly authorized officer.
Dated: February 3, 1971.
CARLSBAD MUNICIPAL WATER DISTRICT
By:
W. D. CARMICHAEL
Secretary of the Carlsbad
Municipal Water District and
$£j''--. of the Board of Directors
'"•-.'£.- thereof.