HomeMy WebLinkAbout; LA COSTA LAND COMPANY; 70-119260; EasementHDiiGO
Ml/MCI M.
AFTER RECORDATION, MAIL TO:Carlsbad Municipal Water District
5780 El Camlno RealCarlsbad, California 92008
H mguor Of
PJSTRJCT.
GRANT OF RIGHT OF WAY NO
"1Y TRANSFER TttLA COSTA LAND COMPANY, an Illinois corporation, as Grantor,for and In consideration of the sum of One Dollar and other
valuable consideration paid by CARLSBAD MUNICIPAL WATER DISTRICT,
a municipal water district, as Grantee, receipt whereof 1s herebyacknowledged, does hereby grant to said CARLSBAD MUNICIPAL WATER
DISTRICT, Its successors and assigns, an easement of right of way
In, upon, over, under and across the lands hereinafter described,
to erect, construct, reconstruct, replace, repeir, maintain and
use a pipeline or pipelines for transportation of water, together
with their necessary fixtures and appurtenances, Including butnot limited to, underground conduits and cables for power trans-
mission and commur1cat1on purposes, at such locations and eleva-tions, upon, along, and under the hereinafter described right of
way as Grantee may now or hereafter deem convenient and necessaryfrom 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 1n, upon, over and across the hereinafter describedlands, together with the right to clear and keep clear said rightof way from explosives, buildings, structures, or any other tub*stance which Interferes with the normal Ingress and tgrast rightsand the accessibility of the pipeline for maintenance and repairs.
The lands In which said easement of right of way Is hereby
granted are situated 1n the County of San Diego, State of Cali-fornia, and are hereinafter particularly described.
Grantor arid Its successors In estate reserve the right to
full use of and enjoyment of said property herein conveyed, In-cluding but not limited to, to construct, erect and maintain
private rights of way, necessary appurtenances, and landscaping,so long as such use and enjoyment does not Interfere with the Im-
provements of the Grantee for the transportation of water.
Grantor and Its successors In estate shall not erect orconstruct or permit to be erected or constructed, any building or
ether structure, plant any tree or trees, dr II any well or wells,or cause directly or Indirectly any modification of the right ofway which Increases the burden of Grantee's right of Ingress andtgrtis and the accessibility of the pipeline for maintenance andrepair, within tht Hmlti of Mid 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 trees andbrush 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 easement 1n whole or 1n part
being hereby granted to the Grantee.
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• fThe legal description of the easement of right of way Is as •follows:
PARCEL 1.
All of that portion of the Northwest 1/4 of the Southeast
1/4 of Section 35, Township 12 South, Range 4 West, S.B.B.SM.
lying within a strip of land 55.00 feet wide lying contiguous
to and Northeasterly of a line described as follows:
Beginning at Engineer's Station 151+00 of Road Survey 1800-1,
a plat of which Is on file In the office of the County Surveyor
of San Diego County, said point of beginning being a point
on a curve concave Northeasterly and having a radius of 3400
feet; thence Northerly along the arc of said curve 319.97
feet through a central angle of 5°23'31" to Engineer's Station
154+19.97 said point being the end of curve; thence continuing
along the centerllne of R.S. 1800-1 North 8047'11" West
396.03 feet to Engineer's Station 158+14.00.
Excepting therefrom that portion lying within Road SurveyNo. 1800-1.
PARCEL 2.
All of that portion of the Northwest 1/4 of the Southeast 1/4
and the Southeast 1/4 of the Northeast 1/4 of Section 35,
Township 12 South, Range 4 West, S.B.B. & M. lying within
a strip of land 70.00 feet wide lying contiguous to andNortheasterly of a line described as follows:
Beginning at Engineer's Station 158+14.00 of Road Survey 1800-1,
a plat of which 1s on file 1n the office of the County Surveyor
of San Diego County; thence North 8°47I11" West 264.00 feet
to Engineer's Station 160+78.00.
Excepting therefrom that portion lying within Road Survey
No. 1800-1.
State or city For road purposes, provided, however, tf ft becomesnecessary to Improve said right of way before the same will be
accepted by the City, County or State, and such Improvements re-
quire the relocation of any of Grantee's Improvements theretofore
constructed In the right of way, the entlr" cost of such relocation
shall be borne by Grantor before this su!-irdlnatlon to the right
to dedicate to City, County or State shall be effective.
It 1s also understood and agreed by the parties hereto thatthe Grantor and Its successors or assigns, shall not Increase ordecrease, or permit to be Increased or decreased the existing
?round elevations of the above described right of way, existing athe 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, 1nwhich event should the change In elevation required for such dedi-
cation and acceptance, at the sole discretion of Grantee, endanger
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the structural Integrity of the Improvements theretofore made byGrantee, said Improvements shall be relocated as above provided.
IN WITNESS WHEREOF, said corporation has caused Us corporate
name and seal to be affixed hereto and this Instrument to beexecuted this Ath day of June , 19 70 .
LA COSTA LAND COMPANY,
an Illinois Corporation
STATE OF CALIFORNIA
COUNTY OF SAN OIEGO
ss
On Jun« A. 1970
Burton L. Kramer, vice-President
bifort me, th« undersigned,a Notary Public In and for said County and State, personally
appeared Irving Roston .known to me to be the
Vice-president andflurton L. Kramer known to me to be
/Ice-Presthin Instident of the corporation that executed
the within Instrument, known to me to be the persons who executed
the within Instrument on behalf of the corporation therein named,
And acknowledged to me that such corporation executed the within
Instrument pursuant to Us by-laws or a resolution of Us Board of
Directors.
WITNESS my hand and official seal.
Mr
JOHN I. MAMAUX
HOI/MI I1IIIUC • UlllOKNI*
MMCWM ClUCt IN
SAN DIEGO couurr
tipi'ts Unt»» II. I9'2
Notary Public In and for said
County and State
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This Is to certify that the Interest In real property conveyed
by the grant of right of way, dated J'jne 4, , 19 70
from LA COSTA LAND COMPANY, an Illinois corporation, as grantor,
to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District
organized and existing tinder the Municipal Water District Act
of 1911, as amended, 1s hereby accepted by order of the Board
of Directors of CARLSBAD MUNICIPAL WATER DISTRICT on
«'"ly 1' . 19 7° . and the grintt* consent! to recordatlon
thereof by Its duly authorized officer.
DATED: *'uly 1. 1370
CARLSBAD MUNICIPAL WATER DISTRICT
W.O.
Secretary of the Carftb**3,X
Municipal Water District andof the Board of Directors
thereof.
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