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HomeMy WebLinkAbout; Carlsbad Mutual Water Company; 0; Easement (8)SAN DIEGO GAS & ELECTRIC COMPANY FORM 130-359-A 1 OF 2 ,1 ^ ^ , ^ , .~ ^ -x. A Co - M'^-/-^ ^ GRANT OF RIGHT OF WAY FOR ELECTRIC TRANSMISSION LINES .pa^?-.^^^.**'^'*¥al Water Com^my formerly Oceanside Mutual Water Caopcuay , as Grantor, for and in consideration of the sum of Ten Dollars and other valuable consideration paid by SAN DIEGO GAS & ELECTRIC COMPANY, a corpo- ration, as Grantee, do hereby grant to said SAN DIEGO GAS 4 ELECTRIC COMPANY, a cor- poration, its successors and assigns, an easement of right of way..?-,50 feet in width in, upon, over and across the lands hereinafter described, to erect, construct, re- construct, replace, repair, maintain and use for the transmission and distribution of electricity and for all other purposes connected therewith, a line or independent lines of poles or steel towers or poles, and wires or cables suspended thereon and supported thereby, including wires for telephone, signal and communication purposes and all other appliances and fixtures for use in connection therewith, also includ- ing guys, anchorage, crossarms and braces, together with the right of ingress and egress from said right of way by a practical route or routes in, upon, over and ar- cross the hereinafter described lands, together with the right to clear and keep clear said right of way from explosives, buildings, structures, trees, brush and in- flammable materials for protection from fire and other hazards. The lands in which said easement of right of way is hereby granted are situated in the County of ^^.J^939. , State of California, and are particularly described as follows, to wit: PARCEL 1: All those portions of Lots "D" and "L" of the Rancho Agua ledionda, in the County of Sen Dlego, State of Califomia, according to Msp thereof HO. 823 filed in the County Recorder's Office of San Diego County, Hfoveniber l6, 1896, described as follovsI Beginning at a point in the iortherly line of said Lot "L", whence the North- east comer of said Lot "L" bears South 89* East 1323.1»2 feetj thence North 0* 10' 20" West T2,^ feet to the true point of beginniagj thence Horth 88* 25' 20" West 269.25 feetj thenee South 52* 10* hO" West 85.89 feetj thence South 13* 35* ^^O" West 131.35 feetj thence South 58* 05* West 123.70 feetj thence South 20* 30' kO" West 90.20 feetj thence South kJ* 33' 30" West 3^.lU feetj thence North 58* 19' 20" West 708,0^ feetj thence HOrth 15* 0?' M)" East 352.9** feetj thence Horth 58* 55* 10" East 133.68 feetj thence Horth 12* 59* 10" East 98.60 feetj thence North 29* 0»»' 20" West 327.22 feetj thence North 8* 53' 20" West 203.55 feetj thence North 7* 09'nlO" East 191.OO feetj thence South 8l' 59' 20" last 97.io feetj theace South 1*3* 39' 50" isst 15^.05 feetj theace South 80* 11' 50" East II9.IO feetj thence South 10"* 57' Sast 66.52 feetj thence South 60* 20' Bast 13I.I5 feetj thence South 72* 50' Bast 179.60 feetj thence North 3^* ^1' East 15I.65 feetj thence North 6* 27' Ei^st 213.52 feetj thence North 66* 1^3' Bast 10>».52 feetj thence Horth 23* 05' East 178,00 feetj thence North 6* 23' East k3h.<X) feetj thence Horth 55* 1^' Bast 221*. 10 feetj thenee South lk* k3* East 198.05 feetj theace South 20* k6* East 329,^ feetj thence South 0* 10' 20" East 129O.76 feet to the true point of beginning. PARCEL 2t That portion of Lot D of the Rancho Agua Hedionda, in the County of San Mego, State of Califomia, according to Map thereof So. 823, filed in the County Recorder's Off ice of said Saa Diego County, Novwoiber 16, I896, described as follows: Beginning at the Northeast comer of Lot "L" of said Raaacho Ague Hediondaj thence HOrth 89* ky IfO" West along the Northerly line of said Lot "L" 1323.**2 feet to the Horth and South center line of the Southeast Quarter of Section 3h^, Township 11 South, Range k West, San Bemardino Meridian, as said Section is shown on said Map m>. 8523J thence Iorth 0* 10' 20" West aloog said center line 1362.M) feetj thence South 70* 39' Bast 289,67 feetj thence Horth 65* kl* Sast k9k,kO feetj thence North 53* 33' Bast 2l>0,75 feetj thence North 1" 32' Bast 76.50 feetj thence North 78* 31* East 186.23 feetj thence South 75* 29' East 230.15 feet to a point in the East line of Said Section 3^j thence along said Easterly line South 0* 06' East 1676,30 feet to the point of beginning. The Northwesterly line of said right of way shall be parallel with and 110 feet Northwesterly, Bteasvired at right angles, and tbe Southeasterly line shall he parallel with aad kO feet Southeasterly, measured at right angles, from the following described lim: CoBjoencing at a point on the Southwesterly line of Lot IO6 of Tract No. 2 of Rancho Mar Vista, as per map thereof No. 2069 on file in the office of the San Diego County Recorder, which point is Southeasterly a distance of 79.85 f'eet frcHa the most Westerly corner of said Lot IO6, and which point is also a point on the Hortheasterly line of said Rancho Agua Hedioada, distant thereon Southeasterly 2575.30 feet frcan hORM 130-359-A T0F2 BACK Comer So, 3 of said Rancho Agua Hedionda, as said Comer Ho. 3 ia shown on the map of said Rancho Mar Vista] -Oience froa said point South 57* O^*' Itk" West, a distance of 4Q68«69 feett thsaice South 65* "^7* Ot*" West, a distance of 2^7,1*2 feetj -theace South aB* kB* 2k*' West, a distance of 8868,32 feet to a point oil the Southerly line of Lot X, of said Rancho Agua ledionda, distant thereon 123.61^ ^et Southeasterly froa Comer Bo. 3, of said Lot E, and which point is the true point of beginning of the right of way herein describedj thence froa said true point of beginning Horth 28* k6* Sk* Bast a distance of 8868.32 feetj thence Sorth 65* kV 0»»" East a distance of 910 feet nore or less to the Hortherly line of tbe above described property, Excepting fron the ebove described right of way any portions thereof not lying withia the above described lands of the grantor herein. Said Horthwe«terly sad Southeasterly lines of said right of way shall be lengthened and/or shorteaed so as to terminate said lines in the boundaries of the above described property. It is understood and agreed by the parties hereto that the Carlsbad Mutual Water CcmHsay has now and shall retain the right to Isqpound aad store water on the herein- above described right of way \ip to end including elevation 250 feet above sea level, tJnited States Ceologieal Survey Datm. grantee herein shall save harmless said Carlsbad Mutual Water Ccnopsay frm. aay liability arising from or caused by the constmction and operation of the electric power trsnsaiasion line ere .-•ted on said hereinabove described right of way. In the exercise of the rights hereby granted, Grantee shall avoid unrea- sonable interference of such use by Grantor and his successors in estate of the a- foresaid laiids as is not inconsistent with the full enjoyment of the rights herein granted to Grantee; provided, however, that Grantor and his 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, within the limits of said right of way. Grzuitee shall have the right to erect, maintain and use gates in all fen- ces which now cross or shall hereafter cross said route or routes, and to trim and cut and clear away any trees and brush 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. The Grantor grants to the Grantee, its successors and assigns, the right to trim or top and to keep trimmed or topped, any and all trees on the lands of the Grantor adjacent to said right of way strip for a distance Of...20 feet from the exterior lines of the right of way strip, to such heights as in the judgment of the Grantee, it successors or assigns, shall be reasonably necessary for the proper con- struction, operation and maintenance of said electric transmission line or lines, but at no point outside the right of way strip to a height of less than..3P feet. 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. _ . IN WITNESS WHEREOF, Grantor has executed these presents the^^.Z/^yday of y iN WITNESS WHEREOF ..A/Pjru'J. , VbEll. CARLSBAD MUTUAL WATER COMPANY, formerly Oceanside Mutual Water Ccmpany ^ President Secretary Executed in the Presence of: Vi tness WITNESS FORM STATE OF ) s s COUNTY OF ) On this day of , A. D. 19 . before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commission- ed and sworn, personally appeared.known to me to be the person whose name__. subscribed to the within instrument, as a Wit- ness thereto, who being by me duly sworn, depose and say : That ..he.._ reside... in and that ..he present and saw _ .. personally known to h to be the same person.. whose name subscribed to the within and annexed Instrument, execute and de- liver the same, and ..he acknowledged to said affiant that ...he executed the same; and that said affiant subscribed ..h n ame... the re t o as a Witness. IN WITNESS WHEREOF, I have 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 GENERAL FORM STATE OF ) COUNTY OF ) On this. day of ,A.D. 19..., before me, the undersigned, a Notary Public in and for the said County and State, residing therein, duly com- missioned and sworn, personally appeared _ , known to me to be the person., whose name _ subscribed to the within Instrument, and duly acknowledged to me that ..he executed the same. IN WITNESS WHEREOF, I have 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 CORPORATION FORM STATE OF {3>//^^ ) COUNTY 0F5's»i^/«^f ) On this >!r.^.day o f ./>^>^S4<-r:f^... A. D, 19.^?, before me, the undersigned, a Notary Public in and for the sai<^County and State, residing therein, duly commis- sioned and sworn, personally appeared .^.r. Kent.ner known to me to be the... ...President and .Q.«...?.!..Tryi;f; known to me to be the -- .Secretary o f ...C.ajC.ls bs.d..4-.Ut.Ual. IVa. tej?-.GQI2Lljany- . the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this^^ertificate first above written. ZZ£^..?71^,.u.<^^'^^^ FORM t30. 359-A 2 OF 2 BACK Votary Public in and for said/County and State My Cornjt-issior hxpires t-eb. 20, 19/"J^ o u o ffi 5^ S « *^ C5 ® o o P w •i & H B m tn a' P (0 ci-fi Q P P H H H CD l-i P C+-d-(D fD 4 O O O O B p '=<i o TO > z o > -< GRANT OP Kims OF WAY POR " . ELECTRIC TRANSMISSION LINES Tho imdersigned, CARLSBAD MUTUAL WATER COMPANY, a corporation, as Grantor, for and in ons ideration of the sum of Ton Dollars (1)10.00) lawful money of the United States, paid by San Dlego Gas Sc Electric Company, a corporation, as Grantee, receipt whereof Is hereby acknowledged, does herehy grant unto said San Dlego Gas fic Electric Company, a corporation, its succossoi»a and assigns,^an easement of right of way In, upon, over and across the lands herein- after described, to erect, construct, reconstruct, replace, repAlr, maintain and use from time to time, for the transmission and distri- bution of electricity, and for telephone purposes, a line or lines of wood poles, or steel towers or poles, and wires or cables suspended thereon and supported thereby, including wires for telephone purposes, and all necessary and convenient foundations, insulators, cross-arms, braces, groundings, anchorages and all other appliances and fixtures for use in connection therewith, together with the right of ingress to and egress from said right of way by a practical route or routes in, upon, over and across tho hereinafter described premises, and together with the right to clear and keep clear said right of way from explosives, building, structures, trees, brush and Inflammable materials for protection from flr© and other hazards, excepting as hereinafter otherwise specifically set forth. The lands in which such easement of right of way Is hereby granted are situated In the County of San Dlego, State of California, and particularly described as follows to-wltj All that portion of Lot "D" of the Rancho Agua Hedionda, according to the Partition Map No. 823 of said Rancho filed In the office of the Recorder of said San Dlego County November 16, 1896, desoribed as followsi Beginning at a granite stone set within the Grant for the common Southerly corner of Sections Thirty-four (34) and Thirty-five (35), Township Eleven (11) South, Range Pour (4) West, San Bernardino Meridian; thence Northerly along the line be- tween said Sections Thirty-four (34) and Thirty-five (35), Two Ihousand Two Hundred Ninety-five (2295) feet, more or less, to the Southwest cornor of that property conveyed by Chester Gunn and Elizabeth Gunn to Geo. L. Gunn and Chester D, Gunn, and recorded November 6, 1920, in Book 829, page 314 of Deeds, records of San Dlego County; thence following the boundary of said property East- erly One Thousand Three Hundred Nineteen (1319) feet to an angle point therein; thence Northerly along the boundary of said land Eight Hundred fifty-seven (857) feet; thence Easterly One Thousand Three Hundred Twenty (1320) feet, more or less, to a point in the North and South center line of said Section Thirty-five (35), belns^ the West line of Lot "C of the Rancho Agua Hedionda as shown on said Map No. 823, which Is th© Southeast corner of the above mentioned parcel of land conveyed to Goo. L. Gunn and Chester D. Gunn; thence Southerly a^loi|ig said last mentioned line to tl>6 South Quarter lai) corner of said Section Thirty-five (35); thence West- erly along the South line of said Section Thirty-five (35); Two Thousand Six Hundred Plfty-slx (2656) feet, more or less, to the point of beginning; EXCEPTING therefrom that portion thereof described as follows: Beginning at the North Quarter (N^) corner of Fractional Section Thirty-five (35), Township Eleven (11) South Range Four (4) West, San Bernardino Meridian, as said Section is shown on said Map; thence South (0) degrees. Fourteen (14) minutes West Two Thousand One Hundred Twenty-five and Eighty Hundredths (2125.80) foet alon^? the North and South center line of said Section Thirty-five (35) produced within the Grant to the Southeast corner of that parcel of land conveyed by Chester Gunn and Elizabeth Gunn to George I*. Gunn and Chester D, Gunn by deed -1- recorded November 6, 1920, In Book 829, page 314 of Deeds, records of San Diego County? thenee South Seventy-four (74) Degrees, Thirty-nine (»9) Mlnmtea West Eight Hundred Nineteen and Thirty- three' Hundredths (319,33) feet to the true point of beginning; thence South Eighteen (18) Degrees, Twenty-seven (27) Minutes East Two Hunired Sixty-seven and No Hundredths (267,00) feet; thence South Fifty-four (64) Degrees, Forty-two (42) Minutes Forty (40) Seconds West, Three Hundred Eight and Sixty-two amdredths {308.62) feet; thence North Twenty (20) Degrees, Twelve (12) Minutes West, Two Hundred Sixty-three and Nlnety-aix Hundredths (263,96) feet; thenoe North Fifty-four (54) Degrees, Thirty-five (35) Minutes East Three Hundred Seventeen and Fifteen fftindredths (317,15) feet to the true point of beginning. Said easement of right of way being One Hun3red J'lfty (1^) feet in width, the Southwesterly arxi Northeasterly boundary lines of which are parallel with and Fifty (50) feet Southwesterly and Ono Hundred (100) feet Northeasterly, respectively, from a line partlcf* ularly described as follows: Beginning at a point on the West line of the above described property, which point is more particularly described as follows: Commencing at Corner #3 of the said Rancho Agua J^dlonda, as said Corner #3 is shown on the said Partition Map thereof; thence running Westerly along the Northerly line of said Rancho Agua Hedionda Five Thousand Eight Hundred Seventy*one and Slghty-two Hundredths (5871,82)feet; thence South Fifty-seven (57) Degrees, Twelve (12) Minutes, Thirteen (IS) Seconds East, Five Thousand Six Hundred Eighty-two and Two Hundredths (5682.02) feet to the true 'Dolnt of beginning of the right of way herein described; thence from said true point of beginning South Fifty-seven (57) Degrees, Twelve (12) Minutes, Thirteen (13) Seconds East Three Thousand One Hundred Sixty-five and Forty-nine Hundredths {3165,49) feet, more or less, to the East line of the said above described property. It is further urrierstood that the parallel boundary lines of said easement of right of way extend to the boundary lines of the above described lands. In the exercise of the rights hereby granted. Grantee shall avoid unreasonable Interference of such use by Grantor and his successors in estate of the aforesaid lands aa Is not inconsistent with the full enjoyment of the rights herein granted to Grantee; provided, however, that, excepting as hereinafter specifically pro- vided. Grantor and his successors In estate shall not erect or con- struct, or permit to be erected or constmcted, any building or other structure, or drill any well, within the limits of said right of way. As a condition to the granting of the above right of way, it is stipulated as follows: (1) That the said San Dlego Gas & Electric Company, the above named Grantee, will not locate any of its poles or towers on the said right of imy below contour designated and known as 250 U.S.G.S, (2) That the said Carlsbad Mutual Water Company, the Grantor above named, reserves to Itself the right to use the land embraced within the above mentioned right of m.j for any and all purposes other than those purposes Included within the purposes above referred to, and for which the ^aId right of way Is hereinabove granted, and also other than for the construction of inflammable buildings or structure* or t>^e storage of Inflammable materials or the growing of trees which would encroach, within six feet of the wires, (3) That the said Carlabad Mutual Water Company, the Grantor above mentioned, also reserves tn itself the right to store or impound water on the land affected by the above referred to right of way, up to elevation 250 U.S.G.S. above referred to -2m (4) That the Grantee's rights shall be subject at all times to any rights which may accrue by virtue of that certain lease between the said Carlsbad Mutual Water Company, lessor, and M, H, Miller of Vista, Califomia, as lessee, entered into on the 1st day of April, 1940, and expiring, according to its terms, on the Slst day of March, 1941, (5) That the said San Dlego Gas h Electric ioapany, the Grantee above named, will reconstruct its existing power line In such manner that none of the poles will be below contour 250 U.S.G.S. datum as shown on your survey blue print number C»99 dated April 9^ 1930, entitled Reservoir Crossing Calavera Rock Company. (6) That the said Grantor will not use said right of way in such manner or for such a purpose as will Interfere with the use and enjoyment of said granted right of way by the said Grantee for the purposes herein set forth, excepting as herein otherwise set forth. Grantee shall have the right to erect, maintain and use gates In sll fences which now cross or shall hereafter cross sa'd route or routes, and to trim and cut and clear away any trees and brush whenever. In Its jMgment, the same shall be necespsry for the convenient and safe exercise of the rights hereby granted. IN WITNESS WHEREOF, Grantor has executed these presents the Twenty-fourth day of October , 19 40 . CARLSBAD MUTUAL WATER COMPANY By %£j^e^J^ President By \i..OSri^A^^/yL--.Secretary State of California County of San Dieeo •( SS On this 24th day of J. Fennel A.D. 19 40 before me a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared W. 77 /Ad y ~t~ known to me to be the • President and ^ i 1 s. be the •e. V known to me to Secretary of the C 6 r f % d /^,T^ , A 1 Uf^j-^.- r the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corpora- tion therein named, and acknowledged to me that such Corporation executed the same. In Wit ness Whereof, I have hereunto set my hand and affixed my official seal the day and year i5v^ls certificate first above written,^ iiotary PubHc In and for said Cdunty and St^^^r. My CommissiDn Expires Nov. 9,19; V-i -3-