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HomeMy WebLinkAbout; Cannon, W.D.; 000000; Encroachment AgreementI q 1 ;j // 2 jl Aareement .- nade this 20 - day of November, 1951, by and between 'I i 3 11 the CARLSBAD MUTUAL WATER COMPAPX of Carlsbad, Califarnia, herein- 4 jj after referred to as the party of the first part and W. De CANNON, 5 I/ an individual, of Carlsbad, California, and W. D. CAICNON, President 6 j/ of the Pacific Investment Company, Carlsbad, California, W. D. 11 Y/j CANNON, an individual and. VJ. D. CAWOY, President of the Pacific 8 Investment Company, being hereinafter designated as the parties I A GR3E bE NT !I !I I! I/ i' ! ! i: I! 9 /I of the second part, j !i li !i :i PO I/ l~ITNESSETH : ! 11 Ii WHXREAS, the party cf the first part is the owner of certain I l2 // real property located at Carlsbad, Califorrb a, described as follows$ I: i/ 29 3o I 31 32 ' 1, I DA JB~EY P E7 EVENS ATTORNEYS AT LAW 207 MASOM BUILDING , OCEANSIDE, CALIT. FHOE!E 5416 1. Lot 10, Block rrD1r, Bella Vista, as per map No. 2152 re- corded in the office of the County Recorder of the County of San Diego. 2. That portion of Lot rrI" of the Partition of portion of Rancho Agua Hedionda in the County of San Diego, State of California, according to map therecf No, 823, filed in the office of the County Recorder of San Diego County, Xovember 6, 1896, described as follows: Beginning at a point on the Southwesterly line of said Lot "I" distant thereon South 5'3056~0~' of said Lot "I" as shown on said map; said point being the most westerly corner of land conveyed by Wm. G. Kerckhoff Coixpany, a corporation to W. S, Kelly b deed recorded September 5, 1942, in Book 1 c Ob, at Page 81 of Official Records ir, said County Recorder's office; thence alon the West line of land so conveyed North .2~056'10" Zast 814.31 feet to an angel poht in sai6 line; thence North 460 013r30" West 639.29 feet to a poht qn the East line of Block "D" of Bella Vista, according to map thereof' NO. 2152 on file in said Recorder's office, distant thereon North 15010r30" East 11.40 feet from its intersection with the center line of Park Wive, as shown on said map No, 215'2; thence along said East line of said Block ''D" South 15' lO'3O" West 955.14 feet to the most southerly corner of said Block "D", being also said corner gls of said Lot "I" above referred to; thence along the southwesterly line of said Lot "I" , South 5'305'6~0~~ East 499.45' feet to the point of beginning. East 499.b5 feet from Corner 415 -1- 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DAU3hbBY 8: STE.l!ZhS ATTOKNEYS AT LAW 207 MASON BUILDING OCEANSIDE. CALIF. PHOYE 5416 WEIEREAS, the parties of the second part are presently utilizin the said real property of the Carlsbad Mutual Water Company for the purposes of a pipe line transporting water to the property of the parties of the second part; and WHEREAS, it is the express intentions of the parties hereto that; the parties of the second part shall receive no prescriptive rights to the property of the party of the first part, NOW, THEREFORX, it is hereby agreed by and between the parties hereto that the parties of the second part shall have and be posses of a license to pass over the hereinbefore described properties of the party of the first part for purposes of a pipe line to transport water; that it is expressly understood and agreed that said license shall be revokable at the will of the party of the first part with or without cause and with or without notice to the parties of the second part. It is further mutually understood and agreed by and between the parties hereto that the parties of the second part have no led right, title or interest in and to the hereinbefore described rea1 property; that the parties of the second part have no easement; or right of way over the property hereinbefore described of the party of the first part. t I l IN WITNESS IQHEREOF, the parties hereto have hereunto affixed their hands, the day and year first aboyq I - Investment Co., Carlsbad, Calif,. E 8 9 3.0 11 12 13 14 15 Id 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CAclSXEY &STEVENS ATTORNEYS AT LAW 207 M.ASON BUILDING GCEANSIDE, CALIP. PHONE 5.416 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 1 ss v7 On this - /3rday of November, 1951, before me, a Notary Public ' I in and for said County and State, personally appeared, W, D. CANNOnb known to me to be the person whose name is subsdbed to the fore- ' going instrument and STATE OF CALIFORNIA ) COUDTY OF SAN DIEGO ) 1 ss On this &3Fday of November, 1951, before me, a Notary Public - in and for said County and State, personally appeared, W. D. CANNON, known to me to be the president of the corporation that executed ' the within instrument on behalf of the corporation therein named I and acknowledged to me that such corporati i 1 idy C0.r .- ~ " -. v 3, lFE7/ STATE OF CALIFORNIA ) "> . -i 1 ss COUnJTY OF SAN DIEGO ) On this 2.3 day of November, 1951, before me, a Notary Public - in and for said County and State, personally appeared, I. H, GRON- SETH and D. P. JOHNSTON, known to me to be the president and secretary, respectively of the corporation that executed the within instrument on behalf of the corporation therein named and acknowledged to me that such oration executed tho same. Notary Public 7. dwot-f in anb for said ! -3-