HomeMy WebLinkAbout; Ellery, H.E. & Ada; 75597; Easementc
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6 1945, by and between H. S* ELLERY and ADA E. ELLEHY, husband and
wife, and ELIZABETH NEVIN, a married woman, hereinafter called
first parties, and CARLSBAD IvIUTUAL WATER COKPAiYY, a corporation
organized and existing under the laws of the State of California,
with its principal office at Carlsbad, California, hereinafter
called second party.
E 2 g s s g:
That the first parties, for and in consideration of Ten
($10.00) Dollars 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,
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
sell,
hereinafter described real property, for the purposes of convey-
/or power and of operating a control circuit for the
operation of an automatic pumping plant by remote control, one or
more pipes, pipelines, acqueducts, flumes, subways, viaducts, con-
duits, poles, pole-lines, anch uy-wires, crossarms, insulators
and/or control circuit equipme ogether with the right of 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 thereon,
maintaining, operating, connecting with and/or repairing any and all
of the above-mentioned items, and for all other purposes that are or
nay be or become necessary and incidental to the construction, re-
construction, placing, replacing, maintenance and/or operation of
any and all of said items.
The above mentioned real property is described as follows:
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A strip of land 15 feet in width on the North- easterly 15 feet of the following described property: That portion of Tracts 254 and 255 Thum Lands, in the County of San Diego, State of California, as per map thereof #1681, on file in the office of the Recorder of said San Diego County, bounded by a line described as follows, to-wit: Beginning at a point on the center line of Monroe Street distant thereon North 28O 39' W 317.03 feet from the inter- section of said center line of Monroe Street with the center line of County Avenue; thence along said center line of Monroe Street North 280 39' W 398.47 feet to a point; thence N 61° 21' East 782.99 feet to a point on the Northeasterly line of said Tract 254; thence along the Northeasterly line of said Tracts 254 and 255 South 23O 33' East 400.06 feet to a point; thence South 61° 21' West 747.44 feet to the point of beginning.
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. That 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 parties; that the
surface grade of said property shall not be changed by first
parties subsequent to the commencement of construction work by .pLt4 r&"*
second party; and that first parties shall carry on thei &iri,L L--. J
cultural use and cultivation of said real property in such man-
ner as not to damage or interfere with any of the equipment at
any time placed, constructed, maintained or used thereon by the
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second party,.its successors and assigns.
TO HAVE AND TO HOLD unto the second party, its successors
and assigns.
I. c 2.
WITNESS our hands and seals, the day and year first
above written.
STATE OF CALIFORNIA
COUNTY OF' SAN DIEGO
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On this /f 'a day of d.P Y /'I 1945, before me ,
e , a Notary Public in and for said
County, personally appeared He E. Ellery and Ada E. Ellery,
and Elizabeth Nevin, 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.
My commission expires
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