HomeMy WebLinkAbout; Kelly, Elsie M; 66932; EasementBoox'6565
GRANT OF RIGHT OF WAY
ELSIE M. KELLY* <KNWftriX^?00&fWt*tefKKK?c , As Administratrix of the Estate
of Horace H. Kelly» Deceased „ . .. ., . , , , ~ ~ „-- , as Grantor, for and in consideration of the sum or One Dollar and
other valuable consideration paid by..£a*LS.b*l.^?.^
as Grantee, receipt whereof is hereby acknowledged, do hereby grant to
District
its successors and assigns, an easement of right of way.....™. feet in width in, upon, over, under, and across the
lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for
any and all purposes and also underground conduits and cables for telephone, signal, and communication purposes, together
with their necessary fixtures and appurtenances at such locations and elevations, upon, along, over and under the herein-
after described right of way as Grantee may now or hereafter deem .convenient 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, together with the right to clear and keep clear said right of way
from explosives, buildings and structures.
* San DiegoThe lands in which said easement of right of way is hereby granted are situated in the County of ,
State of California, and are particularly described as follows, to wit:
All that portion of Lots "E" and "I" of the Rancho Agua Hedionda, :in the County of
San Diegot State of California, according to Partition Map thereof No. 823, filed in
the office of the County Recorder of San Diego County* November 16, 1896» described
as follows:
Beginning at Corner No. 2 of said Lot "I"; thence along the Northerly prolongation
of that portion of the Easterly line of said Lot "I" between Corners Nos. 1 and 2
of said Lot, North2°29'40" West (record North 3° West) 21.84 feet to an intersection
with the centerline of County Road Survey No. 682 as the same is described in easement
deed to the County of San Diego dated May 27, 1936 and recorded in Book 521, Page 230
of Official Records of said San Diego County, said point of intersection being the
true point of beginning of the property herein described, said true point of
beginning being also the Southeasterly corner of that parcel of land described in
Quit Claim deed to Horace H. Kelly, recorded January 22, 1951 as Document No. 9613
in Book 3942, Page 34 of Official Records; thence along the Southerly line of said
Kelly land as follows: along said centerline of road North 67°10* West 897.21 feet,
North 64°35f West 701.35 feet to the beginning of a tangent curve concave Southerly having
a radius of 1000 feet, and Northwesterly along the arc of said curve 29.00 feet; thence
leaving said centerline North 74P11* West a chord distance of 262.47 feet to a point
on the arc of said curve; thence South 2°36ll5tt East 353.64 feet; thence North
8°59t15" West, 663.30 feet to a point on the centerline of an easement described in
deed to the Carlsbad Mutual Water Company dated September 26, 1941 and recorded in
Book 1271, page 70 of Official Records of said San Diego County; thence South
64°17'15" West (record South 64°54t40" West) along said centerline 911.6 feet to a
point in said centerline of Easement and in said Horace H. Kelly boundary which is
distant along said lines North 64°17*15" East 445 feet from the most Southerly angle
point in said Southerly boundary of said Horace H. Kelly land; thence leaving said
Kelly boundary North 10°42'45M West 354.70 feet; thence North 5°17f15" East to a
point in the cai terline of said road survey No. 682, said point being on the arc
of a curve concave Northeasterly having a radius of 700 feet, which curve begins at
Engineer's Station 59 plus 25.32 on centerline of Road Survey No. 682; thence
Westerly and Northwesterly along said centerline to the Northeasterly terminus of
that course in the description of land described in deed to Allan 0. Kelly recorded
January 22, 1951 in Book 3942, page 32 of Official Records of said San Diego County
designated therein as "South 73°25' West 1148.44 feet"; thence along the boundary
of said Kelly's land the following courses and distances: South 73°25' West 1148.44
feet, North 87°21'45" West (record North 87°21'45" East) 779.69 feet, North
11°54'15M East 378.70 feet and North 73°05'15" West 700.15 feet to a point in the
Westerly line of land described in deed to W. S. Kelly recorded September 5, 1942
in Book 1404, page 81 of Official Records of said San Diego County; thence along the
Westerly line of said last mentioned Kelly's land the following courses and distances:
North 47°3lf10" West 703.02 feet, North 9°57?50" East 1502 feet, South 89°42'10" East
351.72 feet to a point on the centerline of said Road Survey No. 682, North 25°22'10"
West along the centerline of said Road Survey No. 682 a distance of 814.74 feet to
the beginning of a tangent curve concave Northeasterly having a radius of 1000 feet,
and Northwesterly along the arc of said curve a distance df 226.84 feet to a point
BOOK 6565
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an the Northerly boundary line of said Lot "I"; said point being South 89°42*10M East
1358.67 feet (record 1357.53 feet) from the Northwest corner of said Lot "I" known
as Corner No. 12 thereof; thence South 89°42t10H East along the North line of said
Lots "I" and "E" to the Southeast corner of Lot "J" of said Rancho Agua Hedionda;
thence Southerly in a straight line to the true point of beginning.
EXCEPTING from the above described property that portion thereof included within
that portion of said Lot "E" that lies Southerly of the centerline of said Road
Survey No. 682.
ALSO EXCEPTING therefrom any portion thereof lying within Lot
Agua Hedionda.
'I" of said Rancho
The centerline of said easement of right of way in the aforesaid lands is
particularly described as follows;
Beginning at Corner No. 4 of Lot "I", Rancho Agua Hedionda, Map No. 823; thence
South 31°25f East in a straight fine toward Corner No. 3 of said Lot "I" 250.04 feet;
thence North 63°22«20" West 1.91 feet to ttie TRUE POINT OF BEGINNING, which TRUE POINT
OF BEGINNING is the beginning of a 400 foot radius curve concave Northerly, the
center of which bears North 26°37*40" East; thence continuing Easterly along said
curve through a central angle of I6°08t30" a distance of 112.69 feet; thence tangent
to said curve South 79°30•50"'East 3.79 feet to,the beginning of a tangent curve
concave Southerly and having a radius of 400 feet; thence Easterly along said
curve through a central angle of 14°00* a distance of 97.74 feet; thence tangent to
said curve South 65°30'50" East 1880.61 feet to the beginning of a tangent curve
concave Southerly and having,a radius of 500 feet; thence Easterly along said curve
through a central angle of 13°00* a distance of 130.90 feet; thence tangent to said
curve South 50°30"50" East 1.45 feet to the beginning of a tangent curve concave
Northerly and having a radius of 500 feet; thence Easterly along said curve through
a central angle of 15*00* a distance of 130.90 feet to a point in the County Road
(Road Survey 682).
EXCEPTING THEREFROM
above described/
all that portion thereof not included within the lands first
Grantor and 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 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.
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....?' successors or assigns, shall not
incrase 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.
Jh» Witness HHfereaf, the Grantor executed these presents this.—.22. day of...AJril 5 19....7...
Executed in the Presence of:
/Witness.
Witness.of the Estate of Horace H. Kelly, deed.
DRAWN BY.....JFH..flrnrCHECKED BY "*_.,..
SKETCH NO..7-4
NOTARIES—USE PROPER FORM ON BACK.
Pipeline
R/W - Grant - Form B101 - revised May 1968
800*6565
WITNESS FORM
STATE OF CALIFORNIA, \ ^
County of San Diego. J
On this ...22 day of Agril A D 1957 ^tote me,....K.eaaelh..I....C_o.ek.....
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
—.y.*?6i".**...~?.P.?*.:^!».~S. known to me to be the person whose name
subscribed to the within instrument, as a Witness thereto, who being by me duly sworn, depose and say. :
That.—.?..he reside?._...in. CaTlf'bad,....Calif. and that B he
—JLft -..present and saw. JuLsl.e...M»...te.Hy.
. * « t t i t .. ' . . •
personally known to h....ftT. to be the same person whose name .*JB .subscribed
to the within and annexed Instrument, execute and deliver the same, and.(L..he. acknowledged
'i to said affiant that ...?...he executed the same; and that said affiant subscribed h,?.?..name
. ~ thereto as a Witness.
5 J|n Witness Wlferwrf, I nave hereunto set my hand and affixed my official seal the day
;•" , . V and year in this certificate first above written.
Notary Public in and for said Co/faty and State.
ORIGINAL
STATE OF.... California \
County of. ____ I«J33S«IL_I /
On this ...22.
GENERAL FORM
A. D., 19. J?...., before me,
a Notary Public in and for tfie said County and State, residing therein, duly commissioned and sworn, personally appeared
personally known to me to be the person whose name... „.?.. subscribed to the
within Instrument, and duly acknowledged to me that....?..he executed the same.
^ * £tt Witness Wtye««f, i nave hsreunto set my hand and affixed my official seal the day
and year in this certificate first above written.
"fc.
Notary Public in and for said Coujny and State.
' XX ^EM«MB8«wss ' - ' "'^*- ^ x ilT^K V^A/ *\ """^i
STATE OF „ ^L \ «AJ^V^
County of . . „. f -
On this day of A. D., 19. , before me,
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
. . _ , known to me to be the President
and _ _ known to me to be the Secretary
of the......— - . .. -
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.
Jin Witness Wljerenf, I bave hereunto set my hand and affixed my official.seal thje day
and year in this certificate first iabove written.
Notary Pnblic in and for said County and State.
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