HomeMy WebLinkAbout; Ellery, H.E. & Ada; 343; EasementTHIS INDENTURE, made this 12th day of December ,
194L, by and between H. E. ELIJERY and ADA E. ELLERY, husband
and wife,/hereinafter called first parties, and CARLSBAD MUTUAL
WATER COMPANY, a corporation organized and existing under the
and ELIZABETH NEVIN a married woman
laws of the State of California, wlth its princfpal office at
Carlsbad, California, hereinafter called second party,
WITNESSETH: ----------
That the first parties, for and in consideration of
Ten Dollars ($10.00) and other good and valuable considerations
to them in hand paid by the second party, the receipt whereof
is hereby acknowledged, do by these presents grant, bargain,
sell, convey and conf'irm unto the seoond party, and to its suo-
cessora and assigns, the right, right of way, easement and priv-
ilege to lay, bulld and maintain on, in, under, over and/or
across the hereinafter described real property, for the purposes
of conveying water and/or power and of operating a control circult
for the operation of an automatic pumping plant by remote control,
one or more pipes, pipelines, acqueducts, flumes, subways, via-
ducts, condults, poles, pole-linea, anchors, guy-wires, cross-
arms, insulators and/or control circult equipment; together wlth
the right of ingress to and egress from said real property for
the purpose of making surveya, locating, putting down, construot-
ing, placlng, replaclng or reconstructing in the same or any other
position therein or thereon, maintaining, operatlng, connectzng
with and/or repairing any and all of the above-mentloned item,
end for all other purposes that are or may be or become necessary
and inaidental to the construction, reconstruction, placing, re=
placing, maintenance and/or operation of any and all of sdid Items.
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The above mentioned real property is described as follows:
A strip of land 20 feet in width, lying 10 feet on each side of a line described as commencing at the intersectfon of the Westerly line of Lot rtI*r of Rancho Agua Hedionda in the County of San Diego, State of California, according to Uap No. 823, filed November 16, 1896, records of said County; and the center line of l!onroe Street as shown on Iflap of Thum Lands KO. 1681, filed December 9, 1915, records of said County; sald polnt of intersection being also the most North- erly corner of Bellavista, according to Map thereof No. 2152, filed March 7, 1929, records of said County; thence South 28O 39' East along the Easterly line of said Bellavista, 397.56 feet to an angle point; thence continuing along the Easterly line of said Bellavlsta
S 26O 11' West 520.04 -fa& to a polnt; thence South 63' 49' East 425.00 feet to the most Southerly corner of land conveyed to R, W. Poindexter by deed recorded July 26, 1941 in Book 1221, page 14 of Official Re- cords; thence North 26' 11' East 1121.25 feet along the Southeaster1 line of said Poindexter land; thence
easterly boundary of Potndexter land a distance of 177.91 feet to a point; thence leaving sald Southeaster- ly boundary-and through said Poindexter land North
5O 46' West 648.21 feet to a point on the North lfne of said Lot IrI" and a point on the South line of land conveyed to He E, Ellery et ux by deed recorded Janu- ary 11, 1934 in Book 261, page 241 of Official Recorda, Pthe TRUE POINT OF BEGINNING of the center line of the easement herein described, from which said last des- cribed point, the Southwest corner of Lot (IJn, said Rancho Agua Hedlonda bears West 558.35 feet distant; thence from salddTRUE POINT OF BEGINNING and through
feet to a point; thence North 4' 28' West 217,44 feet to a point; thence North 54' 24' West 153.14 feet to a polnt; thenoe North 6O 08' East 402.35 feet to a point in the center of a circular piece of land hav- ing a radius of 57.50 feet; thenoe from said center of said circle North 18' 52' West 601.73 feet to a point of intersection with the Northwesterly boundary, of said Ell8ry land, from which said point of inter- section, the most Westerly corner of said Ellery land bears South 59' West 894.02 feet distant.
North 58' 14' 25' 9 East continuing along the said South-
the said land of Ellery, North 5' 46' West 426.22 1 Y'
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This grant is made subject to the following covenants
and conditions on the part of the second party, its auccessora
and assigns, to be by them kept and performed, vfz:
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 equlpment, 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.
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2nd. That the placing, construction, reconstructton,
maintenanoe, operating and repairing of any and all of said
items and equipment shall be done so as to Interfere as little
as posslble with the agricultural use and cultlvations of the
above described real property by the first parties; that the
surface grade of said property shall not be changed by first
parties subsequent to the commencement of construction work by
second party; and that first parties shall carry on their agrl-
cultural use and cultivation of said real property in auoh man-
ner as not to damage or interfere wfth any of the equipment at
any time placed, construated, malntalned or used thereon by the
second party, its successors and assigns,
TO HAVE AND TO HOLD unto the seaond party, its suaces-
sors and assigns.
WITNESS our hands and seals, the day and year first
above mitten.
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STATE OF CALIFORNIA 1
County of San Diego 1 ) 88.
On this - 12th day of December, 1944, before me,
Elsie M, Davenport , a Notary Public in and for said
County, personally appeared H. E, ELLEHY and ADA E. ELLERY, and ELIZABETH NEVIN, /known to me to be the persons whose names are subscribed to
the within instrument and acknowledge that they executed the
same.
WITNESS my hand and f official seal.
Notary Public in and for sad county and State.
My commission expires Feb 20, 1947
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