HomeMy WebLinkAbout; South Coast Land Company; None; Easement (2)THIS INDENTURE made and entered into this 14th day of March,
1915, by and between
SOUTH COAST LAND COMPANY, a corporation, first party, and
OCEANSIDE MUTUAL WATER COMPANY, a corporation, second party,
WIINESSETH: That for and, in consideration of the issue and
delivery to first party by second party of One Thousand, Nine Hundred
Ninety-five (1995) shares of the capital stock of said Oceanside Mutual
Water Company, second party, receipt whereof is hereby acknowledged, first
party hereby sells, conveys, transfers and sets over to second party all
1^ of the right, title and interest of first party in and to the following
1. described real and personal property:
(l) The right to1 enter upon the E.f of N.W.J; and the N.E.|
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'<ci ] of S.w.-j of Sec. 13, Township 11 S, Range 4 West, S.B.M., in the County of
San Diego, State of California, for the purpose of drilling wells and
developing water thereon, and for the purpose of erecting a pumping plantt> X...» -' v t
^> ^ I or plants, laying and constructing pipe lines and conduits sufficiently
• 3 < large to pump and carry and conduct away to other lands within or without
J I the San Luis Key water shed, two hundred (200) miners inches of water and
* .^' I for the purpose of doing any and all things necessary or convenient for ,,
s > | the maintenance, operation, and repair thereof; and all lands, rights of
way and rights of ingress and egress necessary or convenient for the
t
^ \ above purposes.
(g) A certain contract by and between South Coast Land Com-
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pany and City of Oceanside dated the ISth day of August, 1913, and filed
'; for record in the records of the County of San Diego, State of Calif-
ornia, in Book 627 of Deeds, Page 245 et seq., and extension of time
relating thereto granted by the Board of Trustees of said City of Ocean-Vi ^:X'
side, subject to any and all obligations incident to the fulfillment of
said contract and extension thereof provided to be performed by South
Coast Land Company, which obligations second party herein hereby assumes
and agrees to fulfill and perform.
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(3) A certain parcel of land now used, as a reservior site,
and situated in Section twenty-four (24), Township Eleven (ll) South,
Range five (5) West, S.B.M., the same toaving been acquired, from Herbert
Crouch, and wife, by deed dated the 24th day of July, 1914, and recorded
in Book 661 of Deeds, at Page 255 et seq., records of San Diego County,
State of California, a more particular description of said land being as
follows, to-wit:
In Section Twenty-four (24), Township Eleven (ll) South,
Range Five (5) West, S.B.M., in the County of San Diego aforesaid, begin-
ning at the intersection of the Ffest line of the East half of the East
half of Section Twenty-four (24) with the Southwesterly boundary line of
said County Road; said Southwesterly boundary line being the Northerly
boundary line of the property of Herbert Crouch; running thence Southeasterly
along said Northerly boundary line, a distance of Four Hundred (400) feet;
thence in a direct line Southerly parallel with the Easterly line of said
Section Twenty-four (24), a distance of Two Hundred (200) feet; thence
in a direct line ?/esterly parallel with the Southerly line of said: Section
Twenty-four (24) to its intersection with said West line of the East
half of the East half of said Section Twenty-four (24); thence Northerly
along said center line to point of beginning.
(4) A certain right of way twenty (20) feet in width, being
five (5) feet westerly and fifteen (15) feet easterly from and parallel
with the center of the pipe line as constructed, leading from the reser-
voirabove described to the Town of Carlsbad, in the County of San Diego,
State of California, and situated in Section Twenty-four (24), Town-
ship Eleven (ll) South, Range Five (5) West, S.B.M., and more particularly
described in a certain conveyance, executed on the 24th day of July, 1934,
between Herbert Crouch and Martha Crouch, his wife, as first parties, and
South Coast Land Company, second, party, recorded in Book 661 of Deeds,
at Page 233, in the Records of San Diego County, California, a more com-
plete description of which right of way is as^follows, to-wit:
A right of way for laying and maintaining pipe lines,
aqueducts, pole lines, subways and conduits over, across and under the
following described real property, as follows:
A It rip of laud Twenty (20) feet wide through the property
of Herbert Crouch, situated in the County of San Diego, State of Calif-
ornia, the Westerly and Easterly exterior boundaries,respectively, of said
strip of land being five feet Westerly and fifteen feet Easterly from
and parallel with a line described as follows: Beginning at a point on
the Southwesterly boundary line of the County Road which forms a common
boundary between the property of the estate of C.A.Canfield, deceased,
and Herbert Crouch, situated in Section Twenty-four (84), Township Eleven
(11) South, Range Five (5) West, S.B.M., and distant Fifty-seven (57) feet
in a Southeasterly direction along said Southwesterly boundary line from
its intersection with the West line of the East half of the East half
of said Section Twenty-four (24); thence South 16 degrees 27 minutes West
One Hundred Fifty-one and eight tenths (151.8) feet to a point; thence
South 0 degrees 24 minutes East Four Hundred, ninety-seven and five tenths
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(497.5) feet to a point; thenc^.l. degree 5 minutes East Six Hundred Thirty
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and two tenths (630.2) feet; thence South 0 degrees 57 minutes lest Six
Hundred Eighty-six and eight tenths (686.8) feet to a point; thence
South 0 degrees 13 minutes West One Thousand, Seven Hundred Eighty-five
and four tenths (1785.4) feet to a point; thence in a direct line South
0 degrees 3 minutes East to the Southerly line of the property of the
said Herbert Crouch,et tac, except So much of above described land conveyed
by deed to South Coast Land Company by Herbert Crouch, et ux.
(5) A certain right of way in and through Lot Two (2), Section
Thirty-one (31), Township %even (ll) South, Range Four (4) West, S.B.M.,
which right of way is Twenty (20) feet in width, and being ten (10) feet
on each side of the center of the pipe line, as constructed, and which
Bight of way was conveyed by instrument dated the 3th day of September
1914, by Emily M. Arguello and Willie Arguello, and recorded in Book 662
of Deeds,' at Page 268, in the Records of San Diego County, California,
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and the center line of which right of way is more particularly described
as follows in the County of San Diego, State of California;
Beginning at a point on the Westerly line of Lot Two (2),
Section Thirty-one (31), Township Eleven (11) South, Range Four (4)
West, S.B.M. distant One Thousand One Hundred Seventy-seven (1177) feet
Northerly from the Southwest corner thereof; thence South 44 degrees
57 minutes East One Thousand, Six Hundred Seventy-nine and fifty-four
hundredths (1679.54 ) feet to a point in the Southerly line of said
Lot Two (2) distant One Thousand, One Hundred Eighty and Forty-four
(1130.44) feet from the Southwest corner thereof, all situated in and
across Lot Two (2), Section Thirty-one (31), Township Eleven (ll) South,
Range Four (4) West, S.B.M.
(6;) A certain right of way twenty (20) feet in width, being
ten (10) feet 'on either side of the center line of the main pipe line,
as now constructed, over and across certain lands belonging to Alexander
Seller in the Northeast quarter of the Southwest Quarter of Section Thirty-
one (31), Township Eleven (ll) South, Range Four (4) West, S.B.M., and
the North Four and one-half (4:|) acres of the Southeast quarter of the
Southwest quarter of said Section Thirty-one (31), all in the County of
San Diego, State of California, being a right of way acquired, or to be
acquired under the terms of a contract dated October 31, 1914, between
South Coast Land Company as first party, and. Alexander Seller and Sarah
M. -Beiier, his wife, as second parties, recorded, in Book 647 of Deeds, at
Page 322, records of said San Diego County, State of California, which
contract insofar as it provides for a right of way across the land of said
Alexander Seller and a right of way across Twenty (20) acres of land to
be conveyed to South Coast Land Company is hereby assigned by South Coast
Land Company to Oceanside Mutual Water Company; and said center line
hereinabove referred to, is more particularly described as follows:
In the County of San Diego, State of California, beginning
at a point on the West line of the Northeast quarter of the Southwest
quarter of said Section Thirty-one (31) distant Seventy-six and Seventy-
seven hundredths (76.77) feet Southerly from the Horthwest corner thereof
and running South Forty-four degrees 57 minutes East Eight Hundred Thirty-
three and one tenth (833.1) feet to a point; thence South 44 degrees 48
minutes East One Thousand Four and. Nine tenths (1Q04.9) feet to a point;
thence South 25 degrees 22 minutes East 63 feet to a point; thence on the
East line of the above Southwest quarter distant One Thousand, One Hundred
Eighty-five and eight tenths (1185.8) feet Northerly from the Southeast
corner thereof. iJo conveyance is intended of any other property under
above contract than the r*ight of way above described.
(7) A right of way Twenty (20) feet in width for pipe line
purposes over and across the lands of Roswell H. Wilson, pursuant to an
agreement between South Coast Land Company and Roswell H. Wilson dated
September 10, 1914, said lands being located in the Northeast one-quarter
of section six (6), Township Twelve (12) South, Range Four (4) West and
the Southwest one-quarter of the Southeast one-quarter of Section Thirty-
one (31), Township Eleven (ll) South, Range Four (4) West, all in San
Diego County, State of California, and the center line of said Twenty (20)
foot strip being described as follows, to-wit:
In the County of San Diego aforesaid., beginning at a point
on the West line of the Southeast quarter of Section Thirty-one (31),
Township Eleven (ll) South, Range Four (4) West distant One Thousand One
Hundred Eighty-five and eight tenths (1185.8) feet Northerly from the South-
west corner thereof; thence South sixteen degrees forty-six minutes East
Two Hundred Sixty-five (265) feet to a point; thence South Seventeen (17)
degrees Fifty (50) minutes East Nine Hundred Eighty-five and seven tenths
(985.7) feet to a point of the South line of above mentioned quarter section
distant Three Hundred Eighty-one and fijre tenths (381.5) feet from the
Southwest corner thereof.
(3) A right of way for the main water conduit as now con-
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-.' structed,, operated and maintained in, over and across those certain lands
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5 situated in the County of San Diego, State of California, and described
as follows: ^ J
v -—~ The (West) half-Section Twenty-five (25), Township Eleven ill)
^ \ ^SSouth, Range Five T5J West and the Northeast quarter of Section Thirty-
^ six (36), Township Eleven (ll) South, Range Five (5) West, S.B.M., all
X for the purpose of inspection, repair, replacement, alteration and improve-
V ment of that certain main conduit now constructed, maintained and operated
V by the South Coast Land Company, the center line of which is more parti-
CM cularly described as follows:
x Beginning at a point on the Southerly line of the Northeast
quarter of the Northeast quarter of Section Twenty-five (25), Township
Eleven (ll) South, Range Five (5) West, S.B.M.,distan$ Two Hundred Twenty-
'^ nine and eight tenths (229.8) feet /Southwesterly along said Southerly line
from the Intersection of said Southerly line with the Southeasterly right
of way line of the A.T.& S.F.R.R. Escondido Branch; theno4,0 degrees 9
minutes West Three Thojas-aod Three Hundred Thirty-eight and three tenths
03338.3) feet; thenc/eA35 degrees 16 minutes East One Thousand Nine Hundredi A /
vSeventy-seven and fiWxtehths (1977.5) feet; thence South 12 degrees 41
.minutes West Two Hundred Ninety-three and six tenths (293.6) feet; thence
South 44 degrees 57 minutes East Three Hundred Thirty-three and four tenths
(333.4) feet to a point on the East line of the Northeast quarter of Sec-
tion Thirty-six (36), Township Eleven (ll) South, Range Five (5) West dis-
I tant One Thousand one Hundred Seventy-seven il!77) feet Northwesterly from
\ ' I if/cl cl"W ^\ the Southeast corner thereof. jH^-1 .Jfll
PROVIDED, further, that said right of way is identical with
the right of way expressly reserved and excepted by South Coast Land
Company from the operation of that certain trust deed dated the 1st day
of October, 1914, between South Coast Land Company as transferor and
Union Trust Company of San Diego, a corporation, as transferee.
(9) A right of way Twenty (go) feet in width for water pipe
line purposes over and -across the following lands situated in the County
of San Diego aforesaid and now belonging to said South Coast Land Com-
pany, to-wit:
Lot Three (3), Section Thirty^one (31), I1 owns hip Eleven (ll)
South, Range Four (4) West, S.B.I., said Twenty (20) foot strip being
bounded on the North by the North line of said Lot Three (3) and on the
East by the West line of said Lot Three (3) said strip lying ten (10)
feet on either side of the following described cei&er line;
Beginning at a point on the Northerly line of Lot Three (3),
Section Thirty-one (31), Township Eleven (ll) South, Range Four (4) West,
S.B.M. distant Seventy-seven and thirty-six hundredths (77.36) feet from
the Northeast corner thereof; thence South forty-four (44) degrees, Fifty-
seven minutes East One Hundred and eighty-six hundredths (100.86) feet
more or less to a point on the East line of said Lot Three (3) distant
Seventy-six and seventy-seven hundredths (76.77) feet SOuth of the North-
east corner thereof.
Also, a right of way Twenty (20) feet in width for water
pipe line purposes over and across the following numbered tracts of land,
said tracts being more particularly shown upon that certain map of Carls-
bad lands, filed for record with the Recorder of San Diego County, Calif-
ornia, on the first day of March, 1915, and on said record, designated as
Map #1661, said lands being situated in the County of San Diego aforesaid
and now belonging to South Coast Land Company, to-wit:
Tract One Hundred Twenty-one (121) in Patterson's addition
to Carlsbad, said Twenty foot strip being bounded orx the North by the
North line of said tract and on the West by the Easterly line of Highland
Street and: lying ten (10) feet on either side of the following described
center line:
Beginning at a point on the Northerly liae of said tract
distant Three Hundred Eighty-one arid five tenths (381.5) feet Easterly from
the Northwest corner thereof; thence South 17 degrees 37 minutes East
One Hundred Twenty-nine and. three tenths (129.3) feet to a point; thence
southwesterly Two Hundred Eighty-nine and four tenths (g89.4) feet to a
point on the Southwesterly line of tract One Hundred Twenty-one (121)
distant Nine Hundred Four and three tenths (904.5) feet from the South-
west corner of said Tract One Hundred Twenty-one (121).
Tract One Hundred Nineteen (119) in the 1'own of Carlsbad,
said Twenty (20) foot strip being bounded on the South by the Northerly
line of Oak Avenue and on the West by the Westerly line of said tract
One Hundred Nineteen (119) and lying ten (10) feet on either side of the
following described center line:
Beginning at a point on the Northerly line of Oak Avenue
distant Five Hundred Twenty-eight (528) feet Southwesterly from the North-
east corner of said Tract One Hundred Nineteen (119); thence North 34
degrees 53 minutes West Four Hundred Forty (440) feet to a point; thence
South 55 degrees 27 minutes West Two Hundred Sixty-three (263) feet more
or less to a point on the Westerly line of said Tract One Hundred Nineteen
(ll9) distant Five Hundred Twenty-eight and eight tenths (523.8) feet
from the Southwest corner thereof.
Tract One Hundred Six (106) of the Town of Carlsbad, said
Twenty (20) foot strip being bounded on the East by the Easterly line of
said tract and on the West by the Westerly line of said tract and lying
Ten (10) feet on either side of the following described center line: (Ex-
cept that portion of said Twenty foot strip that lies on the Southerly
half of Pine Avenue from the center line of First Street to the Easterly
line o'f the right of way of the Atchison Topeka and Santa Fe Railway
Company):
Beginning at a point on the Northeasterly line of said tract
One Hundred Six (106) distant Southeasterly Nine hundred Nineteen and Nine
Tenths (919.9) feet from the Northeast corner thereof; thence South 55
degrees 27 minutes East Three Hundred Thirty-nine and Eight tenths (339.8)
feet to a point on the Westerly line of said tract One Hundred Six_distant
from the Northwest corner thereof.
Also a right of way Ten (10) feet in width for water pipe
line purposes over and across the following numbered, tract of land, said
tract being more particularly shown upon that certain map of Calrsbad lands
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filed for record with the Recorder of San Diego County, California, on
the first day of March, 1915, and said, record designated as Map #1661,
said lands being situated in the County of San Diego aforesaid and, now
belonging to South Coast Land Company, to-wit:
Tract One Hundred Seventeen (117) in the Town of Carlsbad
said Tea (10) foot strip being bounded on the South by the Northerly
line of Elm Avenue and on the West by the Easterly line of Fourth Street
and lying Five (5) feet on either side of the following described center
line:
Beginning at a point on the Northerly line of Elm Avenue
distant Nine Hundred Thirty-seven and Nine tenths (957.9) feet from the
intersection of said Northerly line with a Westerly line of said Tract
One Hundred Seventeen; thence North 34 degrees 33 minutes West Six Hun-
dred Ten (610) feet to a point; thence North Seventy-nine degrees Thirty-
three minutes West Twenty one and five tenths (21.5) feet to a point;
thence North Eighty-nine degrees, Fifty-seven minutes West parallel to
and distant Five (5) feet southerly from the Northerly line of said
tract One Hundred Seventeen (117) One Thousand Six Hundred Seventy-six
and One tenth (1676.1) feet to a point on the Easterly line of First
Street distant Five (5) feet Southerly from the Northwest corner of said
tract One Hundred Seventeen (117).
DOCUMENTARY
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DOCUSSESfTAKY JOOCUESERTSTAKSY
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TOGETHER with all and singular the tenements, hereditaments
and appurtenances thereunto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues
and profits thereof.
TO HAVE AMD TO HOLD all and singular the said property hereby
conveyed, together with the appurtenances unto the second party, its
successors and. assigns forever; subject, however, to any and all liens
or encumbrances of record; and subject, further, to the obligations of
the contract hereinabove described as parcel (2) on the part of South
Coast Land Company to be performed, which obligations second party here-
by assumes and agrees to fulfill and perform.
IS WITNESS WHEREOF, the parties hereto have caused their
respective corporate names and seals to be affixed by their officers
thereunto duly authorized the day and year in this indenture first above
writt^~~~~^x
/(South Coast -^ South Coast Land Company,
[(Land Company \
VCalifornia. /< By Wm. G. Kerckhoff, President,
'Incorporated/
3 And F. H. Tolle, Secretary.
Oceanside Oceanside Mutual Water Company,
Jlutual Water
'Co., California, By H.W. Keller, Vice-President,
Incorporate^
\ Oct. 1914.' And F.H. Tolle, Secretary
OF^AilFOMIA, )
( SS.
COUNTY OF LOS ASGELES. )
On this 19th day of April, A.D., 1915, before me, Millicent
Earll, a Notary Public in and for the said County and State , residing
therein, duly commissioned and sworn, personally appeared Wm.G.Kerckhoff,
known to me to be the President, and F.H. Tolle, known to me to be the
Secretary of the South Coast Land Company, 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 acknow-
ledged to me that such Corporation executed the same.
IB WITNESS WHEREOF, I have hereunto set my hand, and affixed
to.
1
I
I
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO,
A.-I,
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I, O. M. S WOPE, County Recorder in and for San Diego County, State of California, do
hereby certify that 1 have compared the foregoing copy with the original record of a certain
............ ...................................... DEED. ........... lSo..a£osis.k...LaM...Co...^ ..........................
found and appearing of record in Book No........6-7S ........................ of. .......... DEED, RE.CQ.BD.S ................................
at Page ......... .-. ...... 36.S. ...................... et seq., and that the same is a full, true and correct copy of such original
record and of the whole thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official Seal
this.... ........ 5th ....................... day of. ................. November ................................ ...................... A. D Ip ..... 51
O. M. SWOPE, County Recorder.
........... .,....*s*.... Vs^wJ^^ ........... Deputy RecMer.
4 ^ • '• O
my official seal the day and year in this Certificate first above written.
/Ikilliceat, Millicent Earll,
i,J Earll /G/
"'\\ ^J Notary Public in and for said County"x' ^r\ 'f °>^...,,- -* fc.-' '.*r
and State.
STATE OF CALIFORNIA, )
( SS.
COUNTY OF LOS AUGELBS. )
On this 19th day of April, A.D., 1915, before me, Mmicent
Earll, a Notary Public in and for the said County and State, residing there-
in, duly commissioned and sworn, personally appeared H.W.Keller, known
to me to be the Vice-President, and. F.fl. Tolle, known to me to be the Sec-
retary of the Oceanside Mutual Water Company, 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 acknow-
ledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed
my officialseal the day and year in this certificate first above written.
/Jkllicent Millicent Earll,
M Earll/ 6y
!x /' / Notary Public in and for said County
and. State.
Recorded at Request of F.H. Tolle, Apr. 30, 1915. at 50 Min. Past 10 o'clock
A.M. John H. Ferry County Recorder
Fee $3.50 By N.C. Parsons, Deputy 8336