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Home My WebLink AboutCMWD 79-109; Bankers Life and Casualty Company; 82-027068; Easement""^^^^•^^^g^'^y »''1">atl.1 — ^^»"'l' 'IT»•'<;•«•-.,»•••»—"-urn 82-027068 1625 OFFICIAL l.-:v.<HP5 , OF SAM IMF:.:? tr,1. lilV.'JA I PfP I AH 90 PH o- ?rL'Ui Ji\n <:.j ri'l o- ob SAFECO TIT'-E INSURA, CO. AFTER RECORDING, RETURN TO: Woodside/Kubota and Associates P. 0. Box 1095 Carlsbad, CA 92008 File No. C-612084 /Project No. CMWD 79-109 [cQU;' I '< '.-: :.. i: s -L ft | "" ; NO Ff NO FEE REQUIRED PER GOVERNMENTGRANT OF RIGHT-OF-WAY ^ ^^ 6™jK™ tP LIFE AND CASUALTY COMPANY, a Corporation as Grantor, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration paid by COSTA REAL MUNICIPAL WATER DISTRICT, a municipal water district organized and existing under the Municipal Water District Act of 1911, as amended, as Grantee, receipt whereof is hereby acknowledged, does hereby grant to said Grantee, 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, repair, maintain and use one ten inch (10") underground water pipeline (the "pipeline"), together with necessary fixtures and appurtenances, at such locations under the.hereinafter described right-of-way as Grantee may now or hereafter deem convenient and necessary, together with the right of ingress thereto and egress therefrom, to and along said right-of-way by a practical route or routes, in, upon, over and across the hereinafter described lands, together with the right to clear and keep clear said right-of-way from all trees, bushes, undergrowth and the like which may, in Grantee's reasonable judgment, interfere with the rights here- in granted. The easement of right-of-way is described as follows: ALL THOSE PORTIONS OF LOTS 1 THROUGH 11, INCLUSIVE, AND LOTS 12 THROUGH 19, INCLUSIVE (AS SAID LOTS 12 THROUGH 19 WERE VACATED AND EXCLUDED ON FEBRUARY 19, 1937, IN BOOK 620, PAGE 213, OF OFFICIAL RECORDS), ALL BEING IN BLOCK 21 OF LA COSTA DOWNS UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AC- CORDING TO MAP THEREOF NO. 2013, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON APRIL 6, 1927, MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: ALL THOSE PORTIONS OF SAID LOTS 1 THROUGH 19 LYING BE- TWEEN" THE MOST NORTHEASTERLY LINE OF SAID BLOCK 21 AND A LINE PARALLEL WITH AND 62.50 FEET NORTHEAST OF THE MOST SOUTHWESTERLY LINE OF SAID BLOCK 21; ALL AS SHOWN ON THE PLAT ATTACHED HERETO AS EXHIBIT A (the "ease- ment") . This grant is made upon the following terms and conditions: 1. The pipeline shall be constructed below all existing drain tiles. All drain tiles disturbed during the exer- cise of any of the rights herein granted shall be re- paired immediately, at Grantee's cost, in a good and workmanlike manner. 2. All fences that are cut or disturbed during the ex- ercise of any of the rights herein granted shall be re- paired immediately, at Grantee's cost, in a good and workmanlike manner. Before a fence is cut, it shall be properly supported by suitable posts and braces and temporary gates shall be supplied at vfence openings where reasonably required. 3. Grantee may locare above ground air vents on the easement, provided that the same shall be relocated on 2_ MO FEE RLQU'.nrD Pr.tt GOVERNMENT CODE SECTION 6103 or removed from the easement at the cost of Grantee upon the written request of Grantor. 4. Grantee shall locate no less than three (3) eight inch (8") outlets for the use of Grantor and Grantor's successors and assigns, spaced evenly along the pipe- line. From time to time, Grantor and Grantor's suc- cessors and assigns may utilize such outlets to connect to the pipeline at no cost to Grantor or its successors and assigns. 5. Grantee will pay the then owner of the easement and any tenant or lessee thereof, as their respective in- terests may appear, for any damage to fences, improve- ments , crops, livestock or timber which may be caused by the pipeline or the exercise of the rights herein granted. 6. Grantor reserves the right to use the easement in any manner which will not unreasonably interfere with the rights of Grantee granted herein, including the right to erect, construct, reconstruct, replace, repair, main- tain and use thereon structures, roadways, sewer and water lines and utility lines. 7.. It is understood and agreed by the parties hereto that the Grantor and their successors or assigns shall not materially increase or decrease, or cause to be ma- terially increased or decreased, the existing ground elevations of the above-described right-of-way, exist- ing at the time this document is executed, without the previous written consent of the Grantee. 8. This grant shall inure to and be binding upon the successors and assigns of the parties. DATED THIS 19th DAY OF January , 19 82 . BANKERS LIFE ANDX£ASUALTY COMPANY, a corporation,. Bv ATTEST: 7'^ "'" "~ STATE OF ILLINOIS )q COUNTY OF C 0 0 K ) On January 19, 1982 before me, the undersigned, a Notary Public in and for said County and State, personally appeared L. G. Martin , known to me to be the Vice President, and J. M. MTske known to me to be the Secretary 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 its by-laws or a resolution of its board of directors. I NcxtaYy ''Public (SEAL) ^7 •• 1G27 no FIH F:r^!!"rD run GCYERMMEM C0f'.'u SECTION S103 This is to certify that the interest in real property conveyed by the Deed dated January 19 , 19 82, from BANKERS LIFE AND CASUALTY COMPANY, a corporation as Grantor, to COSTA REAL MUNICIPAL WATER DISTRICT, a Munici- pal 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 the COSTA REAL MUNICIPAL WATER DISTRICT on January 27 , 1982 , and the Grantee consents to recordation thereof by its duly authorized officer. DATED January 27 19 82. COSTA REAL MUNICIPAL WATER DISTRICT By: Fred W. MaerKTe, Secretary Board of Directors 1628 SCALE I" =100' TUffOUGH// M&VS/ME AMD LOTS 12 THROUGH 13 MCLUS/VE j 4S S4/O LOTS /£ TH£V /9 , //V QOOK £ZO fi46£ 2/3 OF <?•#. , BLOCK £/ OF L4 COS7^ C/A//T MO. /, //v r/j£ c/ry , COUA/TY STATE MO. fi£CVf?D&?S OGRCe OA/ APff/L WA TER <s CONSTRUCT/OM EASEMENT 70 COSTA #£4£ MUWC/PdL D/ST&/CT 'BlVD- CONSTRUCTION SITE VICINITY & KEY MAP 5280' 1/2