HomeMy WebLinkAbout; Kelly, Elsie M; 66933; EasementGRANT OF RIGHT OF WAY
ELSIE M, KELLY* W**fcl:>*tt^WlWI1f As Administratrix of the Estate of
Uo.ra.C.e..jHJ...-K.ell^«...Deceased , ^ Grantor, for and in consideration of the sum of One Dollar and
t, , ,, -j , , Carlsbad Municipal Water District* a Municipal Waterotner valuable consideration paid by .:. .„
District duly organized and existing under the Municipal Water District Act of 1911
as Grantee, receipt whereof is hereby acknowledged, do hereby grant to sai
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.
The lands in which said easement of right of way is hereby granted are situated in the County of -M ,
State of California, and are particularly described as follows, to wit:
All that portion of Lots "E" and'!" of the Rancho Agua Hedionda, in the County of
San Diego* 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, North 2°29*40" West (record North 3° West) 21.84 feet to an intersection
with the center line 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 also being 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°10I West 897.21 feet, North
64°35' West 701.35 feet to the beginning of a tangent curve concave Southerly having
a radius Qf 1000 feet, and Northwesterly along the arc of said curve 29.00 feet;
thence leaving said centerline North 74°11* West a chord distance of 262.47 feet to
a point on the arc of said curve; thence South 2°36*15" East 353.64 feet; thence
North 8059fl5" 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°54I40" 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°17f15" 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°42'45" West 354.70 feet; thence North 5°17'15" East to a
point in the centerline 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 87021'45" West (record North 87°2l>45" East) 779.69 feet, North
Il°54t15" East 378.70 feet and North 73005f15" 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°31'10H 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*10n 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 of
226,84 feet to a point on the Northerly boundary line of said Lot "I"; said point
being South 89*42*10" 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°42'10" East
BOOK6565
along the North line of said Lots "I" and "EM to the Southeast corner of Lot "JH 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 "I" of said Rancho
Agua Hedionda.
\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 31025* East in a straight line toward Corner No. 3 of said Lot "I"
250.04 feet; thence North 63°22»20" West 570.46 feet to the TRUE POINT OF
BEGINNING; thence North 26°37*40" East 33.5 feet; thence North 13°01t20" West
59.3 feet to the end thereof.
EXCEPTING THEREFROM all that portion thereof included within the County Road
(Road Survey No. 682).| •"**,
Grantor and ..her .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.
Jfo WttntSS VHfttttS, the Grantor executed these presents this .??....day of.
Executed in the Presence of:
(/Witness.
Witness.
'.of.the.Es.tate
of Horace H. Kelly, deed.
DRAWN BY..
CHECKED BY
SKETCH NO...
WAC
70 RA-7-4 NOTARIES—USE PROPER FORM ON BACK.
Calavera Valve Station
R/W - Grant - Form B101 - revised May 19§6
800*6565 PAK333
WITNESS FORM
STATE OF CALIFORNIA, \ ^
County of San Diego. j
On this ....?.?. day of Al?.?*l A. D., 19$L, before w^.jK«aS*lL?S_9fi* *
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
.:..*._».~it.i."....~9.~.??.*.?.?** _ .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 BLhe— resid*. in.....5.ftrlsTt>ftd,....Califor.Ui£L..._ and that.....? he
.**_?. present and saw. H.Rl.e...M.—Itfilly _
x ''^ it "'• ••:, . , personally known to h...?.*. to be the same person whose name .1.8. subscribed
<:. -'',. ••.'''•,. '<,.". to *k* within and annexed Instrument, execute and deliver the same, and...£.Jie. acknowledged
? *„•/"•-. ^ ._ , to said affiant that ..fL.he executed the same; and that said affiant subscribed. h9£...name
'"•::" .thereto as a Witness.
Jltt Witness Wlfereof, I have hereunto set my hand and affixed my official seal the day
?' ,1" and year in this certificate firfet above vrrittem. ]
Notary Public in and for /aid County and Stale.
•...'jipmissiori Expires Apri! 10, jAn ! •
GENERAL FORM
BEST
ORIGINAL
STATE OF California "^*-* f- -t* J> *-* VJ. n— ip. - t
County of. 55SJ55S! /
On this ..._22_..day of _^?£^A A. D., 19.52-., before me
^a .Jfotgry. Public in and for the-said County and State, residing therein, duly commissioned and sworn, •personally appeared..
personally known to me to be the person- whose name *??...i.f! subscribed to the
within Instrument, and duly acknowledged to me thaL..?...he —.executed the same.
Jin WthteSS Whereof, \ nave hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
t,% f Q'? *\ Notary Public in and for said County and State.
•PSS^S**-"" """"""""'"'
O0%,. "^C->"fr^
KW&K _ CORPORATION FORM
STATE OF..
County of.....
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 . M .«. -
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 Wbeveitf, I nave hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
Notary Public in and for said County and State.
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