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HomeMy WebLinkAbout; Kelly, Allan O; 147712; EasementSheet 1 of Right of Way No. 707-1 DOCUMENTARY TRANSFER TAX $— O COMPUTED ON FULL VALUE OF PROPERTY CONVEYED, COMPUTED ON FULL VALUE LESS LIENS & ENCUM- S REMAIN WTHERON AJ TIME OF SALE. OR SiWature^bf declarant or agent determining fx - Fifm Name GRANT OF RIGHT OF WAY ALLAN 0. KELLY, a married man. , as Grantor, for and in consideration of the sum of One Dollar and other valuable considera- tion paid by CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water district organized and existing under the Municipal Water District Act of 1911, as amended, as Grantee, receipt whereof is hereby acknowledged, do hereby grant to said CARLSBAD MUNICIPAL WATER DISTRICT, its successors and assigns, an easement of right of way 20.00 feet in width in, upon, over, under, and across the lands hereinafter described, to erect, construct, reconstruct, re- place, repair, maintain and use a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appur- tenances including but not limited to conduits and cables for power transmission and communication purposes, at such locations and elevations, upon, along, over and under the hereinafter de- scribed right of way as Grantee may now or hereafter deem con- venient and necessary from time to time, together with the right of ingress thereto and egress therefrom, to and along said right of way by a practical route or routes, in upon, over and across the hereinafter described lands, together1 with the right to clear and keep clear said right of way from explosives, buildings and structures. The lands in which said easement of right of way is hereby granted are situated in the County of San Diego, State of California, and are particularly described as follows, to wit: NO FEE MAtL TO &L Zsu* RECEIVED JUL 22 1971 JACK Y. KUBOTA CONSULTING ENGINEER c Sheet 2 of 2 Right of Way No. 70 7. ] <Su The XXJOXMMXXKXIWX of said easement of right of way in the afore- said lands is particularly described as follows: All of that portion of Lot E, Rancho Agua Hedionda Map 823 :lyi^t within'a strip of land,20.00 feet wide, 10 feet on each side of the following described centerline: V ; Beginning at Engineer's Station 441+00 of Road Survey 1800-1, a plat of which is on file in the Office of the County Surveyor - of San Diego County; thence North 66°36'00" West 15.00'feet t*v the True Point of Beginning; thence Nprth 23°24'00'' East 45 -Otyeet thence North 21S36'00" West 63.64 feet; thence North "66°36MJ0£fM ,- West 122.00 feet; thence South 23?24'00" West 90.00 feet to ' line of Road Survey 1800-1; said point .also being Engineer s • Station 442+82 of said Road Survey 1800-1. Excepting therefrom that portion lying within Road Survey 1800-4'.. Also excepting therefrom that portion not lying within Grantors ... property. ' '.,;'' 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 or wells, within the limits of said right of way. Grantee shall have the right to erect, maintain and use gates in all fences 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 con- venient and safe exercise of the rights hereby granted, the right to transfer and assign this easement in whole or in part being here^ by granted to the Grantee. 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. It is also understood and agreed by the parties hereto that the Grantor and his successors or assigns, shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the above described right of way, existing at the time this document is executed, without the previous written consent of the Grantee. IN WITNESS WHEREOF, the Grantor _ executed these presents this 3 *D day of Fe.b'^'ftxX , 19 7 / . Executed in the Presence of: Witness ALLAN 0. KELLY Witness NOTARIES - USE PROPER FORM ORIGINAL TO 447 C (Individual) STATE OF CALIFORNIA COUNTY OF San Diego > ss. On February 3.1971 before me, the undersigned, a Notary Public in and for said State, personally appeared LJft.uiX _ 0. i; Ian n. Kelly _, known to me to be the person whose name IS subscribed to the within instrument and acknowledged that 116 executed the same. WITNESS my hand and official seal. Signature Paul S. Swirsky OFFICIAL SEAL PAUL S. SWIRSKY NOTARY PUBLIC - CALIFORNIA PRINCIPAL OrriCE IN CAN DiEGO COUNTY My Commission Expires March 14,1974 Name (Typed or Printed) (This area for official notarial seal) o v- ->».'CQ » This is to certify that the interest in real <£t property conveyed by the grant of right of way, dated February 3, 1971 from ALLAN 0. KELLY, a married man, as grantor, to CARLSBAD MUNICIPAL WATER DISTRICT, a Municipal Water District organized and existing under the Municipal Water District Act of 1911, as amended, is hereby accepted by order of the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT on February 3, 1971, and the grantee consents to recordation thereof by its duly authorized officer. Dated: February 3, 1971. CARLSBAD MUNICIPAL WATER DISTRICT By: W. D. CARMICHAEL Secretary of the Carlsbad Municipal Water District and $£j''--. of the Board of Directors '"•-.'£.- thereof.