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Home My WebLink About; Poindexter, Barbara & John; 18847; EasementI .. , ,,.,” I 194 THIS INDENTURE, made this 30 day of Jnnce.ryv 9 iji, by and between BARBARA T. POINDEXTER, JOHN POIMDEXTER, ROBERT W. POINDEXTER, JR., WILLIAM Id. POINDEXTER, a Hinor, and HOUINE L. RESNICK, hereinafter called first parties, and CARLSBAD MUTUAL WATER COMPANY, a corporation organized and exist- ing under the laws of the State of California, with its principal office at Carlsbad, California, hereinafter called second party, 2 g E 8 s g: That the first parties, for and in consideration of Ten Dollars ($10.00) and other good and valuable considerations to ,then 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 suc- cessors and assigns, the right, right of way, easement and privi- lege to lay, build and maintain on, in, under, over and/or across the hereinafter described real property, for the purposes of conveying water and/or power and of operating a control cir- cuit for the operation of an automatic pumping plant by remote control, one or more pipes, pipelines, acqueducts, flumes, sub- ways, viaducts, conduits, poles, pole-lines, anchors, guy-wires, . cross-arms, insulators and/or control circuit equipment; 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-ment- ioned itens, and for all other purposes that are or may be or become necessary and incidental to the construction, reconstruction placing, replacing, maintenance and/or operation of any and all of said items. The above mentioned real property is described as follows: A strip of land 20 feet in width, lying 10 feet on each side of a line descrlbed as commencing at the intersection of the Westerly line of Lot 'IIr1 of Rancho Agua Hedionda in the County of San Diego, State of California, according to Map No. 823, filed in the office of the County Reoorder of San Diego County November 16, 1896, recorda of said County, and the center line of Monroe Street as shown on Map of Thum Lands No. 1681, filed December 9, 1915, re- corda of said County; said point of intersection be- ing also the most Northerly corner of Bellavista, according to Map thereof No. 2152, filed March 7, 1929, records of said County; tlience South 28O 39' East along the Easterly line of said BellavSsta 397.56 feet to an angle point; thence continuing along the Easterly line of said Bellavista S 26' 111 West 520.04 feet to a point; thence South 63" 49' East 425.00 feet to the most Southerly corner of land conveyed to R. W. Po€ndexter by deed recorded July 26, 1941 in Book 1221, page 14 of Official Records; thence North 26O 11' East 1121.25 feet along the Southeaster- ly line of said Poindexter land; thence North 58' 14' 25" East continuing along the said Southeasterly boundary of Poindexter land, a distance of 177.91 feet to the true point of beginning of the center line of the easa herein described; thence leaving said Southeasterly boundary and through said Poinzexter land North 5' 46' West 648.21 feet to a point on the North line of said Lot "Ir1 and a point on the South line of land conveyed to Ha E. Ellery et ux by deed recorded January 11, 1934 in Book 261, page 241 of Official Records from which said last described point, the .Southwest corner of Lot (IJ1', said Rancho Agua Hedionda bears West 558.35 feet distant. This grant is made subject to the following oovenants 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 seaond 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 equlpment shall be done so as to interfere as little -2- c + . I. , - . as possible with the agricultural use and cultivation of the F D 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 construetion work by second party; and that first parties shall carry on their agri- 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 therein or thereon by the second party, its successors and assigns. TO HAVE AND TO HOLD unto the secmd party, its suc- cessors and assigns. WITNESS our hand and seal, the day and year first above writ ten. STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 : ss On this /#day of J/L/M',y 194z, before me, , a Notary Public in and for said County, personally appeared BARBARA T. POINDEX'I'ER, known to me to be the c, c! fl & *fAV person who executed the within instrument, and acknowledged to me that she executed the same, WITNESS my hand and official seal. -& Notary Public in and for said County and State. I. 4 STATE OF CALIFORNIA ) C~uMTY OF LOS ANGFLES ) I ss day of February, 1945, before me, a Notary Publlc in and for said County, personally known to me to be the person who executed the within instrument, and acknowledged to me that she exacuted the same. 7 On the WITNESS my hand and official seal. 1 STATE OF CALIFORNIA ) COUNTY OF SAR DIEGO ) 1 ss On this 39th day of January, 1945, before me, C. D. McClellan , i a h'otary Public ia and for said count;r,', personally appeared / ? BAREURA T. POIBCFXTER, known to &e to be the person whose name is subscriber to the within instrument, 3s C-%w?ian of J:illiam If. Poindexter, a minor, and acknowledgezj to me that she executed the sme as Guardian for said Killiam 1% PoinJexter. * WITNESS my hand and efficial seal. p c Rotarv Public i County and State. )RM 316-Attorney in Fact, Acknowledgment. 0-41 UNION Tl"LB nrmUnrr AND TIW" COYPAWY, MfU Dm, CALIlWRh7 State sf California Cogntj San 1) ie r.0 On this . ....-..........-.. ... t.. day of. ........ Ja~~~~Y before me, .. ....................................... ~..&-s .... &Lcc.l.d-hn . personally appeared ...................................... l?.8r.3.%rd!--* .... rr?Ln.'.Cx%-!X . .......................... known to me to be the person whose name is subscribed to the within instrument, as the Attorney in Fact of ............................................ ....................................................... Rob e r t 'E. Po in4 ex t e r ...................................................... .... she ................ subscribed the name ........ of iiokcert W. Poindexter ...... and .... ??r .... own name as Attorney in Fact. Witness my hand and official seal the day and year in this Certificate first above written. a Notary Public, in and for said County and State, -. and acknowledged to me that ................................................................................................ thereto as principal My commission expires ...... k~emher...l-~~...l~~6 mcm ........ ....................................... Notary Public in and for said County and State. inkd in San Dieso L -- - ~ .... - '.- .- 7 IRM 326-Attorneu in Fact, Acknoaledrment. 0.41 UNION AND TSUWT COMPMW, BIUT ps00 . CALIFORN] state of California Cmof San DieTo On this ......... th.irt::--f-kS% .......................................................... before me, ...................................... c,B.~...~~C.cl.el-l.an . a Notary Public, in and for said County and State, .............................. ....- ....... known to me to be the person whose name is subscribed to the within instrument, as the Attorney in Fact of ............................................ ~and acknowledged to me that .. ........................ subscribed the name ........ of day of ................ ?I&n.&%rX .......... personally appeared ............... &~rb.R-ra...T.e .... Pdnd.e&eX .. .................................................................... ~-~~..~.,r~.~~~~~~~~.- ....................................................... ... ................................................................... dnhnALl?dnd~~ter..-- I-. .I .. ... ... thereto as principal ..... and ..... h&..own name as Attorney in Fact. Witness my hand and official seal the day and year in this Certificate first above written. My commission expires .... December .... L-TT .... b9-u ......... ... ,. ................................................................................................... mG- Notary Public in and for said County and State. inted in San Diego t F 0 ,/