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Home My WebLink About; Tootsie K Ranch; 214693; EasementThis is to certify "hat the interest in real propert- lonveyed from the November 20,1961deed of grant dated from TQQTSIE "K" RANCH, a partnership 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 December 5,1961 and the grantee consents to recordation thereof by its duly authorized officer. DATED: December 5,1961 (SEAL) DEC 12 I SERIES 2 BOCK IS SI OFFICIAL RECORDS SAN DIEGO C.OUjn'Y.CAUF JglBB CARLSBAD MUNICIPAL WATER DISTRICT RICHARD R. COE retary of the Carlsbad Municipal ater District and of the Board of Directors thereof. 1007 GRANT OF RIGHT OF WAY TOOTSIE "K" RANCH, a partnership, composed of CARL M. ESENOFF, HERBERT L. BECKETT, ROY M. HERAMB, ALBERT M. HUDSON, CHARLES W. LAMDEN, RAYMOND B. FERRELL, and JOE •1 D. McCARTHY, partners, as Grantors, for and in consideration of the agreements and covenants hereinafter contained and other valuable consideration, receipt of which is acknowledged, hereby grant to CARLS- BAD MUNICIPAL WATER DISTRICT, a public corporation organized and existing under the laws of the State of California, as Grantee, an ease- ment and right of way for road purposes over, along and across the property of Grantors, hereinafter described, upon the terms and conditions hereinafter set forth. The property of Grantors over which this easement is given is situated in the County of San Diego, State of California, and is more particularly described as follows: All that portion of Lot "B" of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896, described as follows: Beginning at the corner of Lots "C" and "D" on the Northerly boundary line of said Lot "B"; thence South 20°19' West 2273. 70 feet; thence South 2Q*31'30" West 553. 20 feet; thence North 89°57' East 996.45 feet; thence South 10*28' West 1429. 85 feet; thence South 74°02' East 538. 60 feet; thence South 46*53' East 327.45 feet; thence South 66°01' East 121. 50 feet; thence South 89°37' East 173. 35 feet; thence North 75°44' East 234. 25 feet; thence North 1°36' East 447. 40 feet; thence North 51*04' East 1788. 20 feet; thence North 54°24' East 326. 40 feet to a corner of Lots "B" and HCM; thence along the boundary line between Lots "B" and "C" North 0°32' West 2655. 20 feet to a corner of said Lot "B"; thence North 89°53' West along the North line of said Lot 2666. 0 feet to the place of beginning. The easement hereby granted for road purposes in the foregoing lands is an easement 60 feet in width lying and being 30 feet on each side of the following described center lines: Please return to Smith and Swirsky Attorneys at Law p. O. Box 68 Carlsbad, California 1008 Parcel Bfo.l. Commencing at Point 13 of said Lot B; thence South 00*09'17" West 246. 62 feet along the East line of said Lot B to the true point of beginning; thence South 88*54'38" West 3.10 feet to the beginning at a tangent 200. 00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve 352. 30 feet through a central angle of 100*55'30"; thence tangent to said curve South 12*00'53" East 373. 07 feet to POINT A" of said easement; thence continuing South 12*00'fiS" East 71. 26 feet to the beginning of a tangent 350.00 foot radius curve concave Westerly; thence South- westerly along the arc of said curve 366. 81 feet through a central angle of 60°02153"; thence tangent- to said curve South 48*02'00" West 412. 36 feet. Parcel No. 2. Commencing at POINT "A" of the centerline described for Parcel No. 1, thence North 77*59'07M East to the beginning of a tangent 100. 00 foot radius curve concave Southerly, thence Southeasterly along the arc of said curve 138. 72 feet, through a central angle of 79*28'56". In addition to the foregoing easement described as Parcel 1 and Parcel 2, Grantee shall have the right of ingress to and egress from said Parcels 1 and 2 along, over and across presently existing roads upon the property of Grantors. In consideration for the grant of the right of way herein described, Grantee agrees by acceptance of this deed as follows: 1. This grant is for the purpose of affording Grantee access to Squires Dam and Reservoir located upon property owned by Grantee ad- jacent to the property of Grantors, and shall be appurtenant to the lands owned by Grantee upon which said dam and reservoir is located. The right of way hereby granted shall be used by Grantee as a private roadway solely for the purposes of facilitating the construction, operation, in- spection, maintenance and repair of said Squires Dam and Reservoir, and Grantee shall not permit the use thereof by others for any purposes not connected with the operations of Grantee. 2. Grantee, at its expense, shall keep and maintain the roadway described as Parcels 1 and 2, together with such other roads located upon the property of Grantors as Grantee shall utilize, in good condition and repair for travel by ordinary motor vehicles. 3. Grantors shall have the right to keep and maintain fences and - 2 - If JOS w gates across the roadways herein referred to, and Grantee, in the use of its rights under this grant, shall at all times keep any gates which may be placed by Grantors closed and locked. Grantee shall have the right to maintain separate locks on any such gates, and shall furnish Grantors duplicate keys for any such locks as may be placed by Grantee. 4. Grantee shall save and hold Grantors harmless from any cost, liability or expense arising out of Grantee's use of the right of way hereby granted, including any and all claims for damages for injuries to employees and permittees of Grantee. 5. Should Grantors dedicate portions of the property of Grantors for public road purposes and should such public roads afford Grantee reasonable access to said dam and reservoir owned and operated by Grantee, Grantee will, on demand, quitclaim to Grantors all or such portions of the rights of way hereby granted as are no longer required by Grantee for access purposes. The rights and obligations under this grant shall be binding upon and inure to the benefit of the parties, their successors in interest and assigns. IN WITNESS WHEREOF, Grantors have executed this instrument this 20 day of November, 1061. TOOTSIE^"K" RANCH, a partnership, A- CarLM. Esenoff RoV M. Heramb By By By Charles W. Lamden ^_TBy By - 3 - RscJmond B. Ferrell tc/io • STATE OF CALIFORNIA ) ) &s. COUNTY OF SAN DIEGO ) On November 20 , 1961, before me, the undersigned, a Notary Public in and for said County and State, personally appeared CARL M. ESENOFF, HERBERT L. BECKETT, ROY M. HERAMB, ALBERT M. HUDSON, CHARLES W. LAMDEN, RAYMOND B. FERRELL, and JOE D. MCCARTHY, known to me to be all of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. •fr • v ' ^™*.W.* ^* JJ "** V> ^^ JLgAli*J^ ' ^ Notary Public ift-affd for said County ^ ,o and State * H' This is to certify that the interest in real property conveyed by the foregoing Grant of Right of Way dated November , 1961, from TOOTSIE "K" RANCH, a copartnership, to CARLSBAD MUNICIPAL WATER DISTRICT, a public corporation, is hereby accepted by order of the Board of Directors of said District made , 1961, and said Distract, as Grantee, consents to the recordation thereof by its duly authorized officer. DATED: November , 1961. CARLSBAD MUNICIPAL WATER DISTRICT By , _ 4 _