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Home My WebLink About; ALLAN O KELLY | FEDERAL LAND BANK OF BERKELEY; 50332: Easement(FLB l/60053) SUBO rm INAT ION AG HEEMENT THE FEDERAL LAND BANK OF BERKELEY, a corporation, holders of the beneficial interest in a deed of trust dated March 18, 1954 and recorded May 14, 1954 in Book 5238, page 187 of Official Records of the County of San Diego, State of California, affecting the hereinafter described real property situated in said County and State; HEREBY subordinate their interest and rights in said land under said deed of trust to the encumbrance of a certain grant of easement of right of way executed by ALLAN 0., KELLY to the CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District ----- duly organized and existing under the Municipal Water District Act of 1911, and dated -~M~ar_ch~l~4~,~1~2~5~1~--------, covering a portion of the hereinafter ~escribed lands and premises. This agreement is made for the express benefit of said CARLSBAD MUNICIPAL WATER DISTRICT and is :intended to bind the heirs, assigns and successors in interest of the parties hereto. Said grant of easement of right of way affects that real property in the County of San Diego, State of California, described as: All those portions of Lots "D" and "E" of Rancho Agua I-Iedionda, in the County of San Diego, State of California, according to the Partition Map thereof No. 823, filed in the office of the County Recorder of said San Diego County November 16, 1896, described as follows: Beginning at the Southwest corner of Section 35, Township 11 South, Range 4 West, San Bernardino Meridian, being at a point on the Easterly line of Lot "L" of said Rancho distant thereon South 0°40'58" East, 330.00 feet from the Northeast corner of said Lot; thence East along the South line of said Section 35, a distance of 2656 feet more or less to the Easterly line of said Lot "O"; thence Southerly along said Easterly line 5280 feet more or less to Corner No. l of said Lot "D"; thence Westerly along the Southerly line thereof, 1531 feet more or less to Corner No. 2 of said Lot, being also Corner No. 12 of said Lot "E"; thence continuing ·westerly along the Boundary line of said Lot "E", 3749 feet more or less to Corner No. 13 thereof; thence Southerly along the Boundary line of said Lot "E", 2640 feet more or less to Corner No. l thereof; thence Northwesterly in a straight line, 135.4 feet more or less to Station B.C.130 plus 00.23 at the Northwesterly end of a 400 foot radius curve in the centerline of Road Survey No. 682 as shown on Map thereof filed in the office of the County Surveyor of San Diego County; thence North 67°46t West (Record North 67°10' West, R. S. 682) along the centerline of said Iload, 3092.48 feet to its point of intersection with the centerline of a proposed 30 foot road easement, said point being South 67°46 1 East, 59.89 feet from the intersection of said centerline with the Northerly prolongation of the Easterly line of Lot "I" of said Rancho Agua Hedionda; thence along the centerline of said road easement as follows: North 29°29'30" East, 332.63 feet; thence North 38°2,7'30" East 349061 feet; thence North 64°26 1 50" East, 494.62 feet; thence South 79°01'10" East, 634.84 feet; thence North 63°58'50" East, 387032 feet; thence North 47°02t East 404.90 feet; thence North 50°31.,30" East, 1167.34 feet; thence North 3°14• East 960.18 feet; thence North 0°03'10" East, 1266.45 feet; thence North 19°25•30" West, 691. 73 feet; thence North 2°16t30" West 305.18 feet to a point on a line drawn parallel with and dist~nt 660 feet at right angles Southerly from the Southerly line of Lot "L" of said Rancho Agua Hedionda, said point BOOK6523 PAC{3~6 being on the Northerly terminus of said 30 foot easement, and being distant along said parallel line North 89°19'02" East, 89.92 feet from its intersection with the Southerly prolongation of the Westerly line of said Lot "L"; thence North 89°19'02" East along said parallel line, 2550.08 feet to its intersection with the Southerly prolongation of the Easterly line of said Lot "I"; thence North 0°40'58" West along said Southerly prolongation, 660.00 feet to the Southeast corner of said Lot; thence continuing North 0°40'58" West along the Easterly line of said Lot "L", 1320.00 feet to the point of beginning. By /k/~ Assistant Secretary I, ¢ ' ...... '••· •, ,/ .\ ~ THE FEDERAL LAND BANK OF BERKEI;.E·.Y· .' _ ·. /:·.~. '.· .\ ·, ... a corporation, as Trustee_ . -.< .... , ::· .. · ,.t',.\ _·-'._ -, :'' ¼ . ,"\ 1o,l) ~ ·. · ,~t :~--H' Assistant Secretary ···\ ·,~t _-By ~ -----~-------------•1 ____ _ & C: ·a,.~-' STATE OF CALIFORNIA ) ss COUN:(_Y OF ) '"1.iii,_::.~·••i, ---------- "·>,,~ On th:t-~~¾~. ______ day of----------,--' 1957, before me, ,~,,, , a Notary Public in and for said County and State, residing ·th.cu:ein, duly ·commissioned and sworn, personally appeared '~ -a,'1',, known to me to be the --------and "½vi,, known to me to be the _______ _ of THE FEDERAL LAND BANK oF·'~ELEY, a corporation, who executed the within instrument, known to me to be tfre~~~rsons who executed the within instrument on behalf of the corporation therein nant:~~ and acknowledged to me that such corporation e xe cut ed the same • ..,,..,,4_ · · :~.~ .... .,..,\,,._. .. , e-\t~ .. ,(e; ¼~ic¼,.~-& IN WITNESS WHEREOF, I have hereunto set my"'(hi~ct"4;,,anJl affixed my official seal the day and year in this certificate first above w'rd.Jte"n,.,i."' " . ~,,_,4.,., .. ,u-.~)I;, s·:',\,loii:.·v_ .,.....,.,·0.-....c.i.-""~·;..,:1 .. ·.AJ.,,,.t..r.11, -2- ~"'",~,:::~'"•~, Notary Public in and for and State. Qi-, •, l tl ·1 fY -(,'•", \' I ·1 i STATE OF CALIFORNIA) (ss. County of Alameda-) On .... March .. 2;2~ .. 1957 ................ , before me, the undersigned Notary Public, personally appeared ............ J:J. .• W.,H.~.S~--·················-·····--· and being by me duly sworn, stated to me he is, and who is known to me to be, Assistant Secretary .................................................. of the corporation that executed the within instrument as Trustee, and known to me to be the person who executed said instrument on behalf of said corporation by authority of its bylaws, and acknowledged to me that such corporation executed the same as such Trustee • . ) STATE OF CALIFORNIA) ) ss. County of Alameda ) On .... MaJ:Qh .. 2.2-, .. 1257 ................ , before me, the undersigned Notary Public in and for said County and State, personally appeared .H .. W .. Hess ......................... , and being by me duly sworn, stated to me that he is, and who is known to me to be Assistant Secretary ......................................................... of the corporation that executed the within instrument, and who i s known to me to be the p e rs on w b o ex e cute d s a id ins tr um en t on be ha 1 f o f s a id corporation by authority of executed tlie•'•s·ame. ·/'~~,';.>./" ,;, .. ,, My. c'-cirri°mission' exp.Ir-e's:<: -~: r"--.~ . :!" • ✓' : {--· --se;;f .1,.1~60 ,-. -• tr ' ,,~ It;,., -~- •:. ,>''t, .. -,;~ ~ FORM 320 (REV·. 3::ia),f~B. BERKELEY !} i! g \ ,, ., its bylaws, and acknowledged to me that such corporation ')1 __ · _ JL_A-:=~~7 . 7"<-;-,e;___ _______________________ _ Notary Public in and for said County and State Residing a t ... ilb.e..u,.y., ... Q..ali.f.o.r.nia .......................... . I, BOOK652;J PAGE347 i'. .i_ 11 J I}'J :l'1;U ---~ -------~,, -----~--·-·---------•·.; GRANT OF RIGHT OF WAY ..................................... ~~ lan .. 0 • .... Kelly·················································•···················-·············----·····························-··-··································· ·· ·········································••··································, as Grantor, for and in consideration of the sum of One Dollar and other valuable consideration oaid b Carlsbad 11.aaicipal Water District, a ttllnieipal Water , y ........................................................................................................................................... . Dist.ric.t. ... du.l.1 ... 0.f.P.~ii~d ... and ... exist in9 ... under ... the ... lunicipal .. Water .. Di st rict ... Act ... of .. 1911 ... ············································································································································································----- as Grantee, receipt whereof is hereby acknowledged, do hereby grant to said ... ~~!~.~~.~ .. ~~.~~~.!P.~! .. ~!I.~~.! .......... . . Dis.t.1.i~t..····································································································-······················-·····························································-········································ its successors and assigns, an easement of right of way ...... ?.9-. ................ .feet in width in, upon, over, under, and across the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and all purposes and also underground conduits and cables for telerhone, signal, and communication purposes, together ·with their necessary fixtures und appurtenances at such locations anf.~levations, upon, along, over and under the herein• after deIJcribed right of way as Grantee may now or hereafter deem convenient and necessary from time to time, together with the right of ingress thereto and egress therefrom, to and along :said right of way by a practical route or route~ in, upon, over and across the hereinafter described lands, together with:. the right to clear and keep clear said right of way • • ~ :· ·j from explosives, buildings and structure~. ~:. The lands in which said easement of right of way is hereby gran~ed are situated in the County of ... ~~.~ .. P.!~.~ ........ , State of California, and are particularly described as follows, to wit: ;, All those portions of Lots "D" and "E" of Rancho·~Agua Hedionda, in the County of San Diego, State of California, according to the;· Partition Map thereof No. 823, filed in the office of the County Recorder of saj..d San Diego County November 16, 1896, described as follows: ; · Beginning at the Southwest corner of Section 35, Township 11 South, Range 4 West, San Bernardino Meridian, being at a point on the Easterly line of Lot "L" of said Rancho distant thereon South 0°40 158" East, 330.00 feet from the Northeast corner of said Lot; thence East along the South line of said Section 35, a distance of 2656 feet more or less to the Easterly line of said Lot "D"; thence Southerly along said Easterly line, 5280 feet more or less to Comer No. 1 of said Lot "D"; thence Westerly along the Southerly line thereof, 1531 feet more or less to Corner No. 2 of said Lot, being also Corner No. 12 of said Lot"E"; thence continuing Westerly along the Boundary line of said Lot'."E", 3749 feet mre or less to Corner No. 13 thereo{; thence':Southerly along the Boundary line of said Lot "E", 2640 feet more or less to Corner No. 1 thereof; thence Northwesterly in a straight line, 135.4 feet more or less to Station B.C.130 plus oo.23 at the Northwesterly end of a 400 foot radius curve in the centerline of Road Suney No., 682 as shown on Map thereof filed in the office of the County Surveyor of San Diego County; thence North 61'°46' West (Record North 67°10• West, R. s. 682) along the centerline of said road, 3092.48 feet to its point of intersection with the centerline of a proposed 30 foot road easement, said point being South 67046' East, 59.89 feet from the-intersection of said centerline with the Northerly prolongation of the Easterly line of Lot "t" of said Rancho Agua Hedionda; thence along the centerline of said road easement as follows: North 29029130" East, 332.63 feet; thence North 38°27'30" East 349.61 feet; thence North 64°26'50" East, 494.62 feet; thence South 79001 1 10" East, 634.84 feet; thence North 63°58150" East, 387.32 feet; thence North 47002' East 404.90 feet; thence North 50°31 1 30" East, 1167.34 feet; thence North 3°14' East 960.18 feet; thence North 0003110" East, 1266.45 feet; thence North 19025'30" West, 691.73 feet; thence North 2°16130" West, 305.18 feet to a point on a line drawn parallel with and distant 660 feet.at right angles Southerly from the Southerly line of Lot "L• of said Rancho Agua Hedionda, said point being on the Northerly terminus of said 30 foot easement, and being distant along said parallel line North 89019102" East, 89.92 feet from its intersection with the Southerly prolongation of the Westerly line of said Lot "L"; thence North 89019102" East along said parallel line, 2550.08 feet to its intersection with the Southerly prolongation of the Easterly line of sail Lot "I"; thence North 0,40'58" West along said Southerly prolongation, 660.00 feet to the Southeast comer of said ~t; thence continuing North 0040 158" West along the Easterly line of said Lot "L", 1320.00 feet to the point of beginning. Allan O. Sketch No_ 70-RA-7-11 March 14, 1957 ,,i ·, l Li ' ::. 0 ._._i,-•,.s "' ·~ . .,t: ; :i ,-~ ·C) . .:; r; ~1. l_ II, f I, Q ; ;' 1. 0 _-; I' o• ·o-' ··•,-I· ,j ;_I_ . f -~j ~ ~~~- J" j_ •'-.,}• t I: • .iJ ("1)·-: ·/ ., .. ti tr'i Ir ii .';'. " ' ·' The center line of said easement of right of way in the aforesaid lands is particularly described as follows: Beginning at Corner No. 4 of Lot "I", Rancho AgtAa Hedionda, Map No. 823; thence South 31°25' East in a straight Une toward Corner No. 3 of said Lot "I" 250.04 feet; thence North 63°22120" West 1.91 feet to the TRUE POINr OF BEGINNII'li, which TRUE POINI' OF BEGINNING is the beginning of a 400 foot radius curve concave Northerly, the center of which bears North 26°37140" East; thence continuing Easterly along said curve through a central angle of 16°08'30'' a distance of 112.69 feet; thence tangent to ··said curve South 79030'50" ·'East s.·79 'feet to the ·beginning o·f a tangent·\curve concave Southerly and having a radius· of 400 feet; ; thence ·Easterly along said curve through a central angle of 14~001 a distance of 97. 74~·feet; thence tangent to said curve South 65°301 50" -East 1880.61 --feet to the beginning of a tangent curve concave Southerly. and having a radiu,s of 500. feet; thence Easterly along said curve · t,h,rough .a c,~ntral_ angle of }5°00• a jdistance of 130.90 feet; thence tangent to said cu·rve South·_ 5()0 30150" East 1.115 fee~,· to the beginning of a tangent curve concave , Northerly and having a radius of 500 feet; thence Easterly along said curve through a cent,ral angle of 15°00•· a distance of 130. 90 feet to a point in the County Road (Road 'Survey ·682). EXCEPrING THEREFROM all that portion thereof not included within the lands first above described. Grantor and -~J~ _________ successors in estate shall not erect or .construct,.or .permit to he, erected or, c.onstructeq, any building or other structure, plant any tree or trees, or drill any well or wells, within the)imits of said right of way. Grantee shall have the right to erect, maintain and use gates in all fences which .now cross or shall hereafter cross said route or routes, and to trim and cut and clear away any tree~ a:r;id brush whe:r;iever in its judgment. the samershall be necessary for the convenient and safe exercise of the rights hereby granted, the right to transfer and assign this easement in whole or in part being hereby granted to the Grantee. Grantor agrees that no other easement. or easements shall be granted 01:1, under or over said strip of land by Grantor, without the previous written consent of Grantee. · . , . . · ' ' It is also understood and agreed by -the parties hereto that the Grantor and __ _-_~_!_~---~-succ~~o;s 'or a~i~~' shall not incrase or decrease, or permit to be increased or decreased,the ·existing;,•ground · ,elevations ,of. the above described right of way, exist~ng at the time this document is executed, without the previous written consent of the Grantee. ;Jn JIJitntllll JIJ~ntnf, the Grantor,ff.tw../::executed these Presents this ... f't'. ..... d~y of~ .... , 19 .. <i.J Executed in the Presence of: DRAWN BY-----~~~-----' WAC CHECKED BY ______________ _ . 70-RA• 7-11 SKETCH NO.________________ . · Witness. Witness. NOTARIES-USE PROPER FORM ON BACK. f \ ;._ ..... :·•, ._.} , ';·., ___ I: . ;: .. .. ~· . ~~ WITNESS FORM STATE OF CALIFORNIA, Cou~ty 6£ San Diego. On th.is .................... day of ............................................ A. D., 19 ........ , before n1e, .......................................................................................................... . a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared ....................... . .................................................................................................................................................. known to me to he the person ......... whose name .............. · subscribed to the within instrument, as a Witness thereto, who befog by me duly sworn, depose ............ and say ............ : That ............ he ............ reside ........ in .......................................................................................... and that. ........... he ........................ present and saw ............................................................................................................................. . personally known to h .................... to be the same person ............ whose name ............................ subscribed to the within and annexed Instrument, execute and deliver the same, and ........ he. ....... acknowledged to said affiant that ........ he ........ executed the same; and that said aHiant subscribed ........ h ........ narne ........ thereto as a Witness. j'Jn l!lihtrs.s 'Blrcrc.of I I have hereunto set my hand and affixed my official seal the day r and year in this certificate first above written . .................. -.............................................................. ,. ................................ ~ .................. l . .t ......................... ... Notary Public in and for said Coooty and State. '. .r, GENERAL FORM STATE OF .. c.~~.1.9..R~:uA ....... } County oL~d!!A .... \~.!~-·-··-· '"'· _ ?I. ;) fl J On this .... /...~ ... day o£ .. .2Jf:Cf&.~.-·•·····A. D., _1951-. .. , before me, -~·~···'··~··tJ-e,& ...... _ .............. _._ ............. . a -Nota~~ tlte. sa .. unty and State, res,dmg thcrem, duly comnueswned anvworn, personally •ppcared. .......... _ .......... . . 17~'"".naH y known t~ me to be the. petson .:::: . wh~sc • name. ·:p-"~·· ··:··· .. ~~~c'.ibed ;~ ·;~~ , w1thm Instrument, and duly ad.no wledged to me thdt.. ...... ht]~ .. cxecuted the s .. mc. 503ti2 DOC~MEHT NO~ . . . . 1n 'ltitnts~ IHrcr.e.(rf, r have hr.ireuuto set my hand and aHixe<l my official seal the day /iv:: ~~-O(J~¾ and year ill this certificate fast above writte),J. ~ Q , (__,6 ....... ~•rr· Public ,<f:(joJifcfi;~d State ......... . , thf Corporation that• execute~ the with iii '.Inst'l;uinerit,; ,knqwil. ro,nii) to be 1 the persorW who executed ,-...Jt•1.·\.,. l, i o the, within .itistrume~t; on hehalf of the" Cotpo1•i1tio1'i: thei-ein named,1 aiict •tickr1<}wfodgect-: th {me that ·Jti~h :icbrvoiati6n ~fe~uted the ·~atile~ C,:: ,· .. '.:'. :. . L; 0 :· ~ , ; l '' ;_, ;· ' • t., . ; _: ... 1::1 >·.:~0 : : .. i ·, :'.•::::f ! .;-~i.1tJ!.,,0 L .. '"-i_.., 1::j ! ,i .. (~!.'1 ._1 1 .>-~~·1'1 '.•.: r : ~n: 'ftlifttt.SS 9~:Ct.e.of,' J have; ~e·reuntci": set >my .hand .atid affLted.' µiy ·offidal $tjitL the day . :(j I l ,, ;~c{~e.~;. tJ ~.h~ ~~~r~i~q_te '.fi~St. a,~o/e':.~rlt~el-.. (.,\• .·.-,-: ; j -: I . .) I .I,/,••.,-, • It li