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HomeMy WebLinkAbout; Hammond, Charles & Marie; 69024; EasementTHIS INDENTURE, made this 2nd day of July , 1947, by and between CHARLES P. HnwraROND and MAHIE A. HAMMOND, husband and wife, hereinafter called first party, and CARLSBAD MUTUAL WATER COIdPANY, a corporation organized and existing under the laws of the State of California, with its principal office at Carlsbad, California, hereinafter called second party. XL2NESSE2.U That the first party, 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, 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 I of conveying waterpone 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, con- structing, 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 be or become neces- sary and incidental to the constructiq reconstruction, placing, replacing, maintenance and/or operation of any and all of said items. @ The above mentioned real property is described as follows: I Parcel #1: An Easement for water service over a strip of land ten (10) fekt wide, the center line of which is described as follows: . All that portion of Lot 1, Fractional Section ' 1, T-124, R-5-W, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved June 22, 1883, described as follows: Commencing at the intersection of the north line of Laguna Drive with the West line of FrontAvenue as shown on Map No. 1722 of Seaside Lands filed in the office of the Recorder of San Diego County July 28, 1921; thence North 890 50' Weqt along said North line of Laguna Drive, 965 feet to the true point of begbinning; thence North Oo 16, 35" East, 227.66 feet to the beginning of a tangent curve, concave to the East, having a radius of 115 feet; thence Northeasterly along said curve 32,90 feet through a central angle of 16O 23' 25"; thence tangent to said curve North 16O 39' East, 223.47 feet to the beginning of a tangent curve, concave to the Southeast, having a radius of 215' feet; thence Northeasterly along said curve, 103.19 feet through a central angle of 27O 30' $hence tangent to said curve North 44O 09' East, fi5.00 feet to the beginning of a tangent curve, concave to the Southeast, having a radius of 515 feet; thence Northeasterly along said curve 139.32 feet through a central angle of 15* 30' to a point of reverse curve, a tangent at said point bearing North 59O 39' East; thence Northeasterly, 268.23 feet along a reverse curve, concave to the Northwest, having a radius of 485 feet and a central angle of 31" 41 17" . Parcel #2: An Ezsement for water service over a strip of land ten (10) feet wide, the center line of which is described as follows: All that portion of Lot 1, Fractional Section 1, T-124, R-54, San Bernardino Heridian, in the County of San Diego, State of California, according to United States Govermpent Survey approved June 22, 1883, described as follows: Commencing at the intersection of the North line of Laguna Drive with the West line of Front Avenue as shown on Map No. 1722 of Sea- side Lands filed in the office of the Recorder of San Diego County July- 28, 1921; thence North 89O 50' West along said North line of Laguna Drive 965 feet; thence North Oo 16I 35" East, 227.66 feet to the beginning of a tangent curve, concave to the East, having a radius of 115 feet; thence Northeasterly along said curve 32.90 feet through a central angle of 160 23' 25"; thence tangent to said curve North 16O 39' East, 105.17 feet to the true point of beginning; thence South 89. 50' East, 365,03 feet to the beginning of a tangent curve, concave to the North- west, having a radius of 65 feet; thence Nortneasterly along said curve 102.07 feet through a'central angle of 890 58' 25"; thence tangent to said curve North Oo 11' 35" East, 338.84 feet, more or less. L? '3 This grant is made subject to the following convenants 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 'ithe wed?.- above described real property by the first party; that the surface grade of said property shall not be changed by first i party subsequent to the commencement of construction work by second party; and that first party shall carry on their opera- tions of said real property in such manner as not to damage or interfere with any of the equipment at any time placed, con- structed, maintained or used thereon by the second party, its successors and assigns. TO HAVE AND TO HOLD unto the second party, its successors and assigns. WITNESS our hands and seals, the day and year first above written. ... .L .*e- * STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) : ss 1947, before me and for said County, On this 2 day of personally appeared Charles P. Hammond and Marie A. Hammond, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. f+ ,' WITNESS my hand and offi&d.seal. I @&rn+& Notary Public in and for said County and State. I My commission expires 2% 7@ -/fJ/ 17- -- v- .#+* -- - - -__ --r \ '-$- -?* ' SLD. FRASER I " . . .. + M. MCCULLOCH , __ . ,,* ,_ * W-2"l. E. E. SUTTON ASST. SECRETARY PRESIDENT SECRETARY-MANAOER CARLSBAD, CALIF0 RN IA July 3, 1947. I reAZ Pay e // Book -7" I. I, \ 1 I County Recorder Civic Center, , .. San Diego, Calif. !i .' :sa;. I Dear Sir: We enclose herewith Easement executed by Charles P. and Marie A. Hammond in favor of Carlsbad Mutual Water Company. Please record this document and return it to us at P, 0. Box 7, Carlsbad, Calif., together with the charge for recording same, Board of Directors of the Carlsbad Mutual Water Company on July 1, 1947 by unanimous vote, as follows: The easement in question was accepted by the "IT WAS &3SOLVED that an executed ease- ment, granted by Charles P. and Marie A..Hammond over a portion of Lot 1, Fractional Sec. I, T-124, R-5-W, SBBM, be accepted and filed for record with the County Recorder of San Diego County." "AND BE IT FURTHER RESOLVED that the Secre- tary prepare a certification of the above resolution and forward same to the County Recorder with the request that said ease- ment be recorded." I hereby certify that the above is a true and correct copy of the minutes of July 1, 1947, as related to above mentioned easement. I Yours very truly, CARLSBAD MUTUAL WATER COMPANY d S. D. Fraser, Secretary , I