HomeMy WebLinkAbout; Briggs, Donald & Lorraine; 22863; EasementTHIS IXDENTURE, made this 7th day of Feb. , 1'352,
by and between DONALD A. BRIGGS and LOHiiAIiu'E H. 3RIGGS, Husband and
Wife, hereinafter called first party, and CJ-KLSEAD IUTUAL VAT ER
COhPANY, a Corporation, organized and existing under the laws of
the State of California, with its principal office at Csrlsbad,
California, hereinafter called second party;
W I T NE S S E T H
That the first party, for and in consideration of Ten
($10.00) Dollars and other good and valuable consideretion to
them in hand paid by the second party, the receipt whereof is
hereby acknowledged, does by these presents grant, bargain, sell,
convey and confirm unto the second party, and to its successors
and assigns, ehe right, right of way, easement and privilege to lay,
build and maintain on, in, under, over and/or across the hereinafter
described real property, for the purposes of conveying water, one
or more services and pipe lines, together with the right 6f ingress
to and egress from said real property for the purpose of making sur-
veys, locating, putting down, constructing, placing, replacing or
reconstructing in the same or any other position therein or there-
on, maintaining, operating, connecting with and/or repairing any
and all of the above mentioned items, and for all other purposes
that are or may become necessary and incidental to the construction,
reconstruction, placing, replacing, maintenance and/or operation of
any and all of said items, on a strip of land tventy feet in width,
lying ten feet on each side of the following described center line:
That portion of Lot rtItl of Rancho Agua Hedionda, in the County of San Diego State of California, accord- ing to map thereof No. 823, filed in the office of the County Recorder of San Diego County Nov. 16, 1896, more particu.larly described as follows: Be-
ginning at a point on the NortheeFterly prolongation of the Northwesterly line of Lot L of Block H of Bella Vista, according to Kap thereof No. 2152, filed in the office of the County Recorder of San Diego County brch 7, 1929, which is distant there- on N26011'E 10.86 feet from the most Northerly cor- ner of said Lot I; thence S86*50'32"E 217.31 feet;
.~ - ...-. - -. -. . . . " - . .....__-I_ " I......-.--...-....._-- ~ ...... ~ - .
4381 ij:cE 129 thence S51°22'3911E 1184.23 feet to a Point in the V'iesterly boundiry line of-Carlsbad Hiehlands No, 2 which is the comrnon corner of Lots 73 and 74, as shown on Map thereof No. 2825 filed in the of- fice of the County Recorder of said San Diego County Dec. 5, 1951,
This grant is made subject to the following covenants
and conditions on the part of the second party, its successors
and assigns, to be by them kept and performed, viz:
1st. That upon the permanent removal from said pre-
mises by the second party, its successors and assigns, of all
of the above mentioned items and equipment, the right to remove
which is hereby granted, the surface of the ground shall be re-
stored as nearly as possible to its present general condition.
2nd. Thet the placing construction, reconstruction,
maintenance, operating and repairing of any and all of said
items and equipment shall be done so as to interfere as little
as possible with the agricultural use and cultivations of the
above described real property by the first party; that the sur-
face grade of said property shall not be changed by first party
subsequent to the commencement of constru.ction work by second
party; and that first party shall carry on their operations of
said real property in such manner as not to damage or interfere
with any of the equipment at any time placed, constructed, main- I
tained or used thereon by the second party, its successors and
assigns .',
TO HAVE AND TO HOLD unto the second party, its succesgors
and assigns.
WITNESS my hand and seal, the day and year first above
written.
h
STATE OF CALIPORNIA )
ss COUNTY OF SAX DIEGO j
On this 7th day of Feb., , 1952, before
me C. 13. McClellan , a Notary Public in and for said
County, personally a::lpeared Donald A. Briegs and Lorraine H.
Briggs, known to me to be the persons whose names are subscribed
to the within instrument and acknowledged that they executed the
same .
WITNESS my hand and official seal.
- Notary Public in and for said - County and Stete
IYIy commission expires Dec. 17. 1954
22863 DOCUMENT NO. -~
RECORDED AT REQUEST Of
FEB 251952 - at-.
BOOK 4384 fi:~~127 7 OFFICIAL RECORDS 1 an Diego County, Californla
ROGER N. HOWE, County Recorder
I -.41c- . -----"-- - -- - - --- - BOOK4381 PAGE 227 \\
L< . Y,yl.. .* - ' b+ ~ D. P JOHNSTON * Secretory-Monager BOMO OF DIRECT OkS
I. H. GRONSFTH, ?reddent
E. 8. HAGEN%
C. ti. INGELS E. 0. KENTNER OFFICE H. W. PATUlR 601 ELM
A%-&.- . *- -.-k . -k" -- T' ' I e
l J
ADDRESS TO THE COMPANY ALL LETTERS Grk6ad 3tut-1 P. .o nox Water 7 Cornpafly
TELEPHONE 2962
CARLSBAD, CALIFORNIA
Feb. 14, 1y52
I
EXCERPT 1'ROEi II~I~UTZS OF 1,: ;ETING OF BOAAD OF DIXECTORS of the CAHLSBAD IvTUT'iJAL Xk'l'ER COlviPAlU'Y Oct. 19, 1-951
"BE IT KZSOLVED.. . .that the proper officers of this Company be and they are hereby authorized to accept a 20-ft. easement for pipe line puryoses centering on the line between Lots 73 and 74 as shown on ILIap of CPrlsbad Highlands $2 from Sunnyhill Drive to the K'ly line of said lots ... thence on a
course to be mutually agreed upon by the parties thereto, to Park Drive along the Eest line of Lot 1, Block 5, Bella Vista Tract..." .___^_I ___ -- - -- -___-
I hereby Certify that the above is a true and correct copy of the Minutes of the meeting of the Board of Directors of Cprlsbad Uutual Uater Company, held in the office of the Company in the Town of C.rlsbad, Coimty of San Diego, State of Californie, on Oct. 19, 1951.
This Agrement, by and between Carlsbad Mutual Water Company, a California Corporation, hereinafter called Wuyerlt and Briggs Land Corporation, a California Corporation, hereinafter called Wellern,
a pipe line easement and real property described as follows:
the form customarily used by said Bqyer, twentyfeet in width centering on the line
between Lotsl73 and'7b as shown on proposed map of Carlsbad Highlands No. 2, from
Sumyhill Drive to the Westerly line of said Lots; thence on a course to be
mutually agreed upon by the parties hereto, to Park Drive along the East line of Lot 1, Block "IP, Bella Vista.
except a triangular shaped portion of Lot 46 lying Southeasterly of a line des-
cribed as follows: Beginning at a point on the South line of Lot 16 distant there-
on 80.0 feet Easterly from the Southwest corner of said Lot 46; thence Northeaster-
ly to a point in the Easterly boundaqj of said Lot 46 distant thereon 20 feet
Southerly from the Northeast corner of said Lot 46,
Witnesseth:
An *-went for the construction and maintenance of a water pipe line on
that the Buyer agrees to buy and the Seller agrees to sell
Lots 45 and 46 as shown on said proposed map of Carlsbad Highlands No. 2,
for the purchase price of Two thousand five hundred ($2,500.00) Dollars.
The purchase price is to be paid in cash upon recording of a grant deed
and easement and the delivery by the Seller to the Buyer of a policy of title
insurance in the mount of $2000, showing title to Lots 4.5 and 46 to be vested in Carlsbad Mutual Water Company clear of encumbrance except restrictions of
record, County taxes for I95l-52, and inclusion in the Carlsbad Public Utility
District.
The Seller is to provide a description and set property corners on the
land to be conveyed and the Buyer is to provide a description and Fepare the easement above described. The Buyer is to pay for recording both instruments.
The Buyer is to execute an agreement in writing that the height of any reservoir constructed on said Lots 45 and b6 shall be not greater than the ele- vation of the natural ground along the South line of Lot 46 at the midpoint be- tween the East and West lines.
by wb Donakd L Briggs, President