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Home My WebLink About; Brodie, Clarence & Mildred; 78594; Easementand between CLISREISCE made this b day of March, 1954, by K. BRODIE and MILDRED BRODIE, husbad and wUe, hereinafter called first party, and CARLSIMD MU!TUAL WATER CWMY, a Corporation, organized and existing under the laws of the State of California, with its principal office at Carlsbad, California, hereinafter called second party, WITIESSETH That the first party, for and in consideration of Ten ($10.00) Dollars and other good aad valuable consideration 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, the right, right of way, easement and privilege to lay, build arui 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 lims, together with the right of ingress to and egress frosn said real property for the purpose of making suPveys, locating, putting down, constructing, placing, replacing or reconstruct- in the same or any other position therein or thereon, maintain- ing, operating, connecting with and/or repairing any am3 all of the above mentioned Items, and for all other purposes that T are or may becone necessary and incidental to the construction, reconstruction, placing, replacing, maintenance and/or operation of any and all of said item, on the westerly 10 feet of the following deser ibed real property: “That portion of Cedar Hill Addition to the Town of Carlsbad, in the County of San Diego, State of California, according to &p thereof 0532, filed in the office of the County Recorder of said San Diego County April 25, 1888, described as follows: Beginning at the NE corner of said Cedar Hill Addition; Funning thence ~89026’~ along the Pl line of said Tract 6 of Laguna Mesa Tracts, as arhown on Map thereof 11719; thence S along the E lira of said Tract 6, a distance of 740.40 feet to the true point Addition 731.29 feet to the NE corner of of beginning; being the SW corner of the land described in the deed to Tho~~as J Murphy and wife, recorded in Book 1664, page 141 of Deeds; thence continuing S along the E line of Said Tract 6 of Laguna &sa Tracts 238.0 feet to a point; thence E 366 feet on a line parallel with the S line of said Cedar Hill Addition to a point on the W line of the land conveyed to E, B. and Lena Me Sutton dated Sept. 20, 1944, recorded Octo 5, 1944, in Book 1754, Page 175, Official Records; thence N parallel with the E line of said Tract 6 of Laguna Mesa Tracts which is also the W line of the said Sutton land, a distance of 238.0 feet to a point on the S line of the said Murphy land; thence 1 along the S line of the said Xurphy's land 366 feet to the true point of beginning. !This grant is made subject to the fOllQWing covenants anel conditions on the part of the second party, its successors and assigns, to be by them kept and performed, vix: 1st. That upon the permanent removal from said premises by the second party, its successors and assigns, of all of the above mentioned items am3 equipent, the right to remove which is hereby granted, the surface of the ground shall be restored as nearly as possible to its present general condition. 2nd. That the placing, construction, reconstruction, main- tenance, 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 cultivation of the above described real property by the first party; that the surface grade of safd party shall carry on their operations of said real property in such manner as not to damage or interfere with ang~ of the equipanent at any time placed, constructed, maintained OP used thereon by the secoad party, its successors and assigns. TO HAVE A#D TO HOLD unto the second party, its successors and assigns. WITNESS our hands and seals the day and year first above writ ten. m On this h day of March, 1954, before me, Cm # CGdEML ~17- , a Notary Public in aml for said County, personally appeared Cam IC. BRODIE AD MILDRED BRODIE, known to me to be the persons whose names are subscribed to the within they executed the same, WITWS my hand instrument aad acknowledged that Xy commission expires 78594 April 21, 1948. Ur, C. K. Brodie, Cr,rlsbc:d Calif. Your request for quitclaim of ecserzlsnt ~C~OSS your property in the Cedar i.Il.11 Addition was rpferred to the Goard yesterday st their regirlar nont;hfy ncet- ing. The writer was instructed to inform you that there was n~ ob3ection to q:iitclaining that portion of the ersement that wzis on your property, The miter assured the Board thr.t it was your inteiitfon to pay the cost of what w;is necessary to clear the title of t-lis enoumbrance. Apparently the cost is very naminal, rand at a horse back guess, would prohably not exceed $5.00 to $10.00, tiLerefore, if this nests with your approval we will order the TftLe Coci:~any to prepare the neces- sary papers to clear up the easement in question, Assuring you that we are glad to cooperate with you in any way possible, we are Yours very truly, CARLSBAD mTUAL WATER COXPALY 6. 1). Fraser, Secretary-kanager SDF t M C April 29, 1948 Vi11 you kindly record these doementrs :.t your convenience, notifying tht-1 Ccunty Recorder she3 r~cord- Ing is completed to mail both the quitclafm dwds to Clz,rence K. BTodie, C.rlsbad, Calif. Kindly forward your bill in duplicate to us when tile vork is canpleted. Encks CC~ Clarence K, i3rodi.s Cnrlsbad, Calff. Thank you for your order colzcerming the title to the above described property. In commztni- cating with us regarding this matter, please BE SURE to mentiota the above order number. IF THE ABOVE INFORMATION IS NOT ACCORDING TO YOUR UNDERSTANDING, PLEASE NOTIFY US PROMPTLY. SECOND AVENUE AT BROADWAY SAN DIE60 12, ___ TELEPHONE MAIN 8121 P&s of Title Imurme issmd johdy with Title lnsurame ad Trust Compmy, Los Alrgeles OFFICERS I .e JA.5 D FORWARD. PrtESIDFNI F G FORWARD. FlRsr ViCE PaEstqEN? VICE PRESIDE'NTS LLOYD BALDRIDGE JAS 0 FORWARD.JR HENRY0 BARNES 2 G McGREGOR CHAS H FORWARD A W NEELY J D THOMPSON.JR DAVlDC SCHURCH A G READER. SECRETARY. TaEAFuaCR *ND SEnlOF? Tausr OFPICER C F CARPENTER.COUPT~OLLEa LLOYD BALDRIDGE.TaulT OFFICER ROBERT F FREEMAN. TlVST OFFlCER J D THOMPSON, J9, Taus7 OFFICER OAVID C SCHURCH. MANLOEROFTITLE DEPT ASSISTANT SECRETARIES FRANK R eELVlLLE JOS. C FORWARD FDBERT A. PELLEGRIN POLlCl ES OF TITLE INSURANCE ISSUED JOINTLY WiTH TITLE INSURANCE 6 TRUST COMPANY OF LOS ANGELES CABLE LDDrnESE "N,ONT*Y*T TELEPHONE MAIN 8121 SECOND AVENUE AT BROADWAY SAN DIEGO 12. CALIFORNIA D 1.R E CT 0 R S CHAS H &ORWARD. AITORNEI AT LAW F G FORWAkO. -la67 V1CE PREPlDENT JA5 0 FORWARD. PREStDENI WlLLlAM SCRIP'S KELLOGG. MANAGER. F w KELLOCIC. ESTATE NICHOLASJ M4RTIN.ATIOmNEI IT LAW SEC-lTlR" ALBERT G READER. GEORGE SAWDAY. CATTLEMAN F,R*T FEDEarL SA"lNG9 AND LOAN HAROLD B STARKEY. PeESIOENT ASSN OF SAM DlErO B C WOULFORD CITRdBGROWER PRES EscoND~DO MUTUAL WATER CO COUNSEL HAROLD R CONKL,N.GENE~*LCOUNSEL E 0 MERRILL. de, ASSOCNATE COUNSEL JOHN C RULE.ASSOCIATE COUNSEL LUCE FORWARD. LEE & <UNZEL CONSULT810 COUNSEL UNDER SUPERVISION OF STATE INSURANCE DEPARTMENTAND STATE BANKINS DEPARTMENT ACTS IN ALL TRUST CAPACITIES AUTUORIZED BY THE LAWS OF CALIFORNIA May 15, 1948 IN REPLY PLEASE REFER TO 430986-AHA Carlsbad Mutual Wo ter Company Cerlsbad California Attentton: S. D. Fraser Gentlemen: Re: Brodie In accordance with your letter our telephone conversation, we of' April 29, 1948 and are enclosing two Deeds to-be executed by the Cerlsbad Mutual-Water Company which will merge the easement shown on your plat with the fee title to the property outlined in red thereon. Yours very truly, A. H. Adams Examiner AHA: e jr Enc .