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HomeMy WebLinkAbout; McIntosh, Roy & Marie; 4327; EasementQnnK 4712 ?!$! 528 THIS INDENTURE, made this 2 7 day of by and between ROY S. McINTOSH and URIE H, McINTOSH, husband and wife, hereinafter called first part>, and CARLSBAD MUTUAL WATER COKPANY, a Corporation, organized and existing under the laws of the State of California, with its principal office at Carlsbad, California, hereinafter called second party; WITNESSETH m That the first party, for and in consideration of Ten ($10.00) W Dollars and other good and valuable consideration to them in hand paid by the second party, the receipt whereof is hereby acknowledged, does by these presents grant, bargain, sell, convey and confirm unto the second party, and to its successors and assigns, the right, right of way, easement and privilege to lay, build and maintain on, in,under, over and/or across the hereinafter described real property, for the purposes of conveying water, one or more services and pipe lines, to- gether with the right of ingress to and egress from said real property for the purpose of making surveys, locating, putting down, construct- ing, placing, replacing or reconstructing in the same or any other position therein or thereon, maintaining, operating, connecting with and/or repairing any and all of the above mentioned items, and for all other purposes that are or may become necessary and incidental to the construction, reconstruction, placing, replacing, maintenance and/or’ operation of any and all of said items, on a strip of land twenty feet in width, lying ten feet on each side of the following described ce n t e r line : ‘That portion of Tract 64, Hotaling Lands, according to Map thereof No. 1717, filed in the office of the County Recorder of San Diego County, California, more particu- larly described as follows?; Beginning at a concrete monu- ment marking the NoAheast corner of Section 36, T-114, R-5-W, SBBM; thence S0005125nE along the East line of said Section 36, 866,95 feet to a concrete monument mark- ing the intersection of the center line of Kelly Street (as said Kelly Street is shown on said Map No. 1717) with the E line of Section 36, T-U-S, R-54, SBBW; thence continuing alon said East line of Section 36, ~~(4712 A$Z52$ line of said Kelly Street;]thence along the SE'ly line of Kelly Street, S54°52t15ttW, 168.33 feet and S54048@W, 20.26 feet to the true point of beginning of the center line; thence S35°07t45ttE 268.7 feet more or less to a point on the E'ly line of Section S0005115ttE, 36. % 4 feet to a point on the SE'ly 36, T-11-S, R-5-W. This grant is made 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 equipment, 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, main- tenance, 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 cultivations of the above described real property by the first party; that the surface grade of said property shall not be changed by first party subsequent to the com- mencement of construction work by second party; and that first party 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 Ti) HOLD unto the second party, its successors and assigns. WITNESS our hands and seals the day and year first above writ ten. STATE OF CALIE'ORNIA ' ss COUNTY OF SAN DIEGO i 0 this 23 day of J&, 1952/, before me &-flJvd , a Notzry Public in and for said County, per- sonally appeared ROY C. ItGcINTOSH and IkiARIE H. McI-LTOSH, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. JAN 12 1953 dt&rllnUteS Past 7 BOARD OF DIRECTORS C. ti. INGCLS., Prerldml 1. H. GRONSETH E. G. HAGEN E. G. KENTNER H. W. RATCLIFF 0. P. JOHNSTON ADDRESS ALL LETTERS TO THE COMPANY EXCE3PT FROM MINUTES OF iJ3ETING Oi' THE BOARD 03 DIMXTORS OF CARLSBAD nilVTUAL VJATER CO. HELD IN TIB OTPICE OF Ti% C0L:PANY ON DECEIDER 16, 1952 "BE IT F'URTHBK RESOLVED that the proper officers of this Cornpany be and they itre hereby authorized to accept an easement in the name of the Carlsbad Mutual Water Company from Roy C. McIntosh and Marie H. NcIntosh....over a strip of land be.tween Kelly Street in the City of Oceanside and the East line of Section 36, T-114, R-4-1Q, center- ing on a line drawn parallel with at right angles W'ly 20.26 feet from the S'ly prolongation of the center line of Hunsaker Street in the City of Oceanside .I1 I hereby Certify that the above is a true and cor- rect copy of Resolution adopted unanimously by the Board of Directors of Carlsbad Mutual Water Company at their regular meeting held on Dec. 16, 1952.