HomeMy WebLinkAbout; Poindexter, Barbara; 105201; EasementTHIS
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INDENTURE, made this z(, day of 1947, Y by and between BARBARA T. POINDEXTER, herinafter called first
party, and CARLSBAD MUTUAL WATER COMPANY, a corporation organized
and existing under the laws of the State of California, with its
principal office at Carlsbad, California, hereinafter called
second
That the first party, for and in consideration of Ten
($10.00) Dollars and other good and valuable consideration to
her in hand paid by the second party, the receipt whereof is
hereby acknowledged,doesby 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 convey-
ing water, one or more services and pipe lines, together with the
right of ingress to and egress from said real property for the
purpose of making surveys, locating, putting down, constructing,
placing, replacing or reconstructing in the same or any other
position therein or thereon, maintaining, operating, connecting
with and/or repairing any and a11 of the above-mentioned items,
and for all other purposes that are or may be or become neces-
sary and incidental to the construction, reconstruction, placing,
replacing, maintenance and/or operation of any and all of said items.> Z
The above mentioned real property is described as follows:
An Easement over the Westerly ten (10) feet of the
following described property, to-wit:
1 - -.-"'"-~-_^- 7- That port ion of ~r~c~2~6~~~"~T~~~~~a-~~~~ County of San Diego, State of California, according to map thereof No. 1681, filed in the office of the County Recorder of said San Diego County, Dec. 9, 1915, bounded by a line described as follows:
Beginning at a concrete monument at the inter- section of the center line of County Avenue and the Northwesterly prolongation of the Northeasterly boundary line of said Tract No. 256; thence South 23O 33' East along the said Northwesterly prolongation of Northeasterly boundary line of said Tract 256 and along the Northeasterly boundary line of said Tract 256, a distance of 114.01 feet to a concrete monu- ment at the Southeasterly corner of said Tract 256; thence South 260 11' West along the South- easterly boundary line of said Tract 256, 91.74 feet to a point; thence North 23O 33' West a distance of 200.88 feet to a point on the said center line of County Avenue; thence North 870 57' 30" East along the said center line of County Avenue, a distance of 75.24 feet to the point of beginning.
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 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,
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 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 commencement of construction work by
second party; and that first party shall carry on their opera-
tions of said real property in such manner as not to damage or
interfere with any of the equipment at any time placed, con-
structed, maintained or used thereon by the second party, its
successors and assigns.
TO HAVE AND TO HOLD unto the second party, its successors
and assigns.
- 2-
WITNESS my hand and seal, the day and year first
above written.
,
STATE OF CALIFORNIA ss COUNTY OF SAN DIEGO j
On this zd day of ,'d&&&k , 1947, before me,
a Notary P!bl.ic in and for said County,
personally a6peared Barbara T. Poindexter, known to me to be
the person whose name is subscribed to the within instrument
and acknowledged that she executed the same.
WITNESS my hand and official seal. /
Notary Public in and fqy said - County and Stat&
My commission expires
FXCORDED AT REQUEST OF
‘i. ‘ON TITLE IiISCRAKCE & TRbST CQ
OCT 9 11947 9 A.M.
dd* -A.
AI‘ PKE .-298. of Official Records,
!his docurnerd in above mentioned book, V. WRER