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HomeMy WebLinkAbout; |Tuten|Walter larry and Josephine H|; 37765; Easement05 J> o 04 >0 g 3H S <* Ig <* I -S e (0CO ndCO333 DISTRICTTOCIPAL•J 956T *£T 9S6T *TT Boox6492 GRANT OF RIGHT OF WAY WALTER LARRY TUTEN and JOSEPHINE H. TUTEN, husband and wife* as joint ......... > ag Grantor, for and in consideration of the sum of One Dollar and other valuable consideration paid by... Car.lsbad. Mn.icip.al. W.a3t.er..flisiitT.lc.t>...A..M.unlcip.al..l!f.atjer .......... District duly organized and existing under the Municipal Water District Act of 1911 as Grantee, receipt whereof is hereby acknowledged, do hereby grant to said ...... Cjrlsbad..Mlin.icip.a.i..Walt.ej:. ....... ....................... District. o/\ its successors and assigns, an easement of right of way ....... „". ................ 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 telephone, signal, and communication purposes, together with their necessary fixtures and appurtenances at such locations and elevations, upon, along, over and. under the herein- after described 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 routes in, upon, over and across the hereinafter described lands, together with the right to clear and keep clear said right of way from explosives, buildings and structures. The lands in which said easement of right of way is hereby granted are situated in the County of.*?.9.n...Q-J.89°. ......... , State of California, and are particularly described as follows, to wit: That portion of Lot 3, Block 74, of the Subdivision of the Rancho Los Vallecitos de San Marcos, in the County of San Diego, State of California* according to Hap thereof No. 581, filed in the office of the County Recorder of said San Diego County, February 11, 1889, described as follows: Commencing at a point on the Northerly boundary line of said Lot, 442 feet East from the Northwest corner thereof; thence running Westerly 442 feet to the Northwest corner of said Lot; thence Southeasterly 833.7 feet to the Southwest corner thereof; thence Easterly along the Southerly boundary line of said Lot, 342 feet; thence Northwesterly to the point of commencement. EXCEPTING therefrom one-half of all petroleum, coal, oil, naptha, natural gas and other hydrocarbons and like substances including asphaltum and brea and one-half all minerals of whatever nature. The center line of said easement of right of way in the aforesaid lands is particularly described as follows; Beginning at the Northeasterly corner of the aforesaid parcel of land; thence Southeasterly along the Easterly line thereof 10.77 feet; thence Southwesterly parallel with the Northerly line of said parcel of land 110.69 feet to the beginning of a 695 foot radius curve concave Northerly; thence westerly along said curve an arc distance of 150 feet more or less to an intersection with the Northerly line of said parcel of land. Grantor and ...thfi.ir..successors in estate shall not erect or construct, or permit to be erected or constructed, any building or other structure, plant any tree or trees, or drill any well or wells, within the limits 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 trees and bfttsh whenever in its judgment the same shall 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 on, 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..*.?®i.r...successors or assigns, shall not incrase or decrease, or permit to be increased of decreased,the existing ground elevations of the above described right of way, existing at the time this document is executed, without the previous written consent of the Grantee. 2(n Witness HJhertaf, the Grantor executed these presents this....^. day of-/MQjf.< Executed in the Presence of: j Witness. Witness. C\J>~4-JLJ& DRAWN BY...SBH. ....... CHECKED BY SKETCH NO..69R-73- y.... NOTARIES—USE PROPER FORM ON BACK. R/W - Grant - Form B101 - revised May 19SC BOOK6492 STATE OF CALIFORNIA, County of San Diego. On this ..fe/.^£day of \ m j WITNESS FORM . D., 19.£&., before me,../•y1 a Notary Eublic in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared *C!s&£3fcx££^3t^.-./.\^dbi£L*A. known to me to be the person. .whose name. subscribed to the within instrument, as a Witness thereto, who being by me duly sworn, depose and say. : That .he. reside. in ^ldif^^.-j(^JL^...J]^i^3!f^Q and that he -present and saw-l^._<y^£^...aUa»«3^1%..*!?^^ •v« ^^^'"r^'W^ personally known to h..^/m/— to be the same person^ whose name-S t«>uUa_A_..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 affiant subscribed. Lwdufaame —...thereto as a Witness. Jin WtitttSS Wlfereof, I nave hereunto set my hand and affixed my official seal the day and year in this certificate firsli above written. '/ •• , fatary Public in and for said County and State. • My Commission Expires Oct. 14,1960 >. . I GENERAL FORM STATE OF.. ______ County of. ------- On this -----—day ot_.. D., 19.., before me,. a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared.... personally known to me to be the person whose name subscribed to the within Instrument, and duly acknowledged to me that he executed the same. Jtt WttntSf Wtftveaf, j j,ave hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State. J CORPORATION FORM STATE OF. County of. On this. day of. A. D., 19 , before me, _ a Notary Public in and for the said County and State, residing therein, duly commissioned and swom, personally appeared .„_ _. ,_.._™. known to me to be the President and. — . known to me to be the Secretary of the^ —~— ~ - - the Corporation that executed the within Instrument, known to me to be the persons who executed ' '•;''•• . the within- InstrumenV ori 'behalf of the; Corporation therein named, and acknowledged to me that '"=•• -'''•/'" '•' ' sBch C^otation execute^ the adme. '' ' ; '• "'' ' ;; '':- ':; '•• 'L'''"" '': ''! '~ -! I':' ' !':' i i Jtf Wtttt*M Wfyittttf, I have hereunt* set my hand and affixed my official :seal the.day and year in this certificate first above written. • , : Notary Public in and for said County and State. ••KnV 800*6492 MO. 42 A BESOUTKQi A0T8GHI&IBQ THE SBCRHEelGr OF THE CASLSBAD HBMXCZftL WalER OiSTBICX TO CCKSStir TO ACCEPTANCE OF AMI EASH«f S8ASTID 70 THE CARLSBAD WKIICIPAL WAfBi BBTHICf OH BSHAI* Of S&HJ 3ISt»ICT At© TO CAUSE SAB) BA£8MB!£S S3 BE BICQBPID. WHSHKAS, tbe Carlsbad Municipal Water District bas sought and obtained grant deeds and {dpi line eaaenante granting to the District tbe rigfet to oon- struet pipe lines and water distribution facilities in, over and aeross real jjgopofV, wA it is antioipated that in tbe oourse of tbe oonetruotion of water distribution faoilitioa It will be neoeaeary for eaid District to obtain addi- tional eoo€Bwnto frc« tirae to timu, and It is deeaed adrieable to authoriee tbe Secretary to accept aaid easements and deeds for and on behalf of aaid District, and to o&uae said easawotts to be recorded with tbe proper authorities; tte .flarstary of the Qarlabad Mioioiiial Water Diatriet b» and be la hereby authorlied fr^ tiawi to tine to oonaent to the aeoeptatiee of any eaaonent granted to said metrlet, for and on behalf of aaid iiiatrict, and to eaaoe aaid eaaoraanta or deeto to be reoorded in tbe Of floe of the County Heoordor of i«n Diego County. CKDEHLD, ^DOITLD f,m /u FKOVED by the Board of Direotors of tbe Municipal y«ter District on tbe 28th day of Jeoerabar, 1996, at a Speeial Msating of the Board of ^.reetora held at 4»00 P^i. at 3960 Ho Piae ii-ire, Carlsbad, San Jiego County, California, by ttie follovisg roll OB.11 vote, to wits AXIS* HQESt FRY, KKLIJC ATTEST! President of Board of WATER eetore Seeretary of tbo Board of Director* UAfEE DIBTRIOT -^:|^:-"•' : '*,* * •&!*& ,..',*•- i'Vt •• • - '•-• --A^^fifll-'* -;-ki:'-;,*^,W^^*> /'<-- fA "•'-•• •rTi'^^jMt- ,*'0- x .-'•••». •->«'•'• Ssc-?.x?^ '-rT*ft->;>' STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, MX 0. EWALD, Secretary of the Board of Directors of the Carlsbad Municipal tn/a£er District, do hereby certify that the foregoing Resolution No. 42 is a true and exact copy of the original of such document on file in the office of the Carlsbad Municipal Water District and was duly passed on December 28, 1956. : - February 4, 1957 tv \i, '- . ' •* f Secretary of the Board of Directo* CARLSBAD MUNICIPAL WATER