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HomeMy WebLinkAbout; Butchart, Harold & Clara; 15884; EasementTHIS INDENTURE, made this $3 day of January, 1953, by and between HAROLD G. BUTCHART and CLARA D. BUTCHART, Husband en and wife, hereinafter called first party, and CARLSBAD MUTUAL WATER 52 LL COUPANY, a Corporation, organized and existing under the laws of the State of California,-with its principal office at Carlsbad, E 3 California , m That @ Dollars and paid by the c hereinafter called second party, RITNESSETH the first party, for and in consideration of Ten other good and valuable consideration to them in ($10.00) hand 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 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 of ingress to and egress from said real property for the purpose of making surveys, locating, putting down, constructing, placing, replacing or reconstructing in the same or any other position therein or thereon, 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, replac- ing, maintenance and/or operation of any and all of said items,\ on a strip of land twenty feet in width, lying ten feet on each side of the following described center line: That portion of Lot 2 in Sec. 31, T-U-S, R-4-W, S?4I, in the County of San Diego, State of Cali- fornia, according to the U. S. G. S. approved Dec. 27, 1870, that lies NW1ly of the center line of the relocation of the County Highway Commission Route 14, known as Maroon Canyon Road, 'described 3s follows: Beginning at a concrete mohument mark- ing the NE corner of Section 36, T-114, R-5-W, SBB&M; thence S0°05125t1E along the East line of said Section 36, 866.95 feet to a concrete monument mark- ing the intersection of the center line of Kelly Street (as said Kelly Street is shown on said Map No, 1717) with the East line of Section 36, T-114, R-5-W, SBSBcBt[; thence continuing along said East line of Section 36, S000511511E, 36.64 feet to a point on the SE1ly line of said Kelly Street; thence along the SE'ly line of Kelly of beginning of said center line y'thence continuing S35°071451iE a distance of 83.0 feet; thence S63O44'E to a point on the center Line of Vista Way (as said Vista Way is shown on said Map No. 1717) , B Street S54°5211511W, 168.33 feet; thence S54O48W, 20.26 cp feet; Y thence S35°0714511E, 268.7 feet to the true point a distance of 182.13 feet; thence SS044'E a distance 5B of 213.30 fket more 4 La cx) % uc) 4 or less This grant is made subject to the following covenants and conditions on the part of the second party, its successors and as- signs, to be by them kept and performed, viz: 1st. That upon the permanent removal from said premises 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 restored as nearly as possible to its presQnt general condi-tion. 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 fir,st party; that the surface grade of said property shall not be changed by first party subsequent to the commencement of construction 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, maintained or used thereon by the second party, its successors and assigns. TO HAVE ArJD TO HOLD unto the second party, its successor and assigns. lEITNESS our hand.s and seals the day and year first above written. STATE OF CALIFORNIA . . ss COUNTY OF SAN DIEGO ) 00 Qo n On this 3.3 day of l%- , 1453, before me, - tary Public in and for said County, I personally appeared HAROLD G. BUTCHART and CLAM D. BUTCHART, known to me to be the persons whose names are subscribed to the within instrument and aknowledged that they executed the same. WITMESS my hand and offici a1 Seal. - Notary Public i County a &iy commission e 15884 DOCUMENT NO.-------,-. RECORDED AT REQUEST 1 / FED. 4 1953 OFFICIAL RECORDS sn Diego County, mfonrlr ROGER N. HOWE, County Red IlBE IT FURTHER RESOLVED that the proper officers of this Company be and they are 'hereby authorized to accept an easement in the name of the Carlsbad Mutual Water Company from Harold G. Butchart and Clara D. Butchart.. . .over a portion of Lot 2 in Sec, 31, T-ll-#, H-44, SBU, in the County of San Diego, State of California, according to USGS ap- proved Dee. 27, 1870, thet lies JXVi'ly of the cen- ter line of relocation of County Highway Commis- sion Rt. 14, known as Marone Canyon Road.....,.. u3 $J;< 3 7' .i > q $, \) i 4 ?. ',\I G il I hereby Certify that the above is a true and cor- rect copy of Resolution adopted unanimously by the Board of Directors of CaPlsbad Mutual Water Company at their meeting held on January 24, 1953.