HomeMy WebLinkAbout; State of California; 13049; Easement• . V *
RECORDING REQUESTED BY
State Division of Highways
Vv'hen recorded mail to
P. O. Box 390
nitnrnin
DATE.
STATE BUSINESS; FREE
Gov. Co«* 6193
DEPT. OF PUBLIC WORKS
DIV. OF HIGHWAYS
By.
DIRECTOR'S DEED
NOFBE
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DISTRICT COUNTY ROUTE SECTION NUMBER
11 SD 5 P.M.
44.6 to
45 .0
R/W
9274~6A, 5B
KNOW ALL MEN BY THESE PRESENTS:
That the STATE OF CALIFORNIA, acting by and through its Director of Public "Works, does hereby grant to
CARLSBAD I4UNICIPAL WATER DISTRICT. A Municipal Water Di strict, an
easement in, upon, over and under
all that certain real property situate, lying and being in the-.
County of-_San Diego _, State of California, described as follows, to-wit:
PARCEL 6A:
A strip of land 20 feet in width, said strip being a portion of the
land particularly described as follox'7S, to wit:
The North three-quarters of the Southwest Quarter of Section 28,
Township 12 South, Range 4 West, San Bernardino Base and Meridian, according
to the United States Government Survey approved October 25, 1875,
Excepting from the above property that portion included within the 200
feet right of way of the Atchison, Topeka and Santa Fe Railway Company,
formerly California Southern Railroad Company.
Also Excepting therefrom that portion described in deed to the Atchi-
son, Topeka and Santa Fe Railway Corapany, recorded February 23, 1946 in
Book ^"2058, page 161 of Official Records.
The purpose of this easement being to erect, construct, replace, re-
pair, maintain and use a pipeline or pipelines for any and all purposes,
together with their necessary fi.xtures and appurtenances 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 described right of way as the Carlsbad Municipal Water District,
a Municipal Water District, its successors or assigns, may now or hereafter
deem convenient and necessary from time to time, together with the right of
ingress and egress in, upon, over and across said rxght of way for the fore-
going purposes, together'with the right to clear and keep clear said.right
FORM R/W-3S3 (REV. 8.63)
of way from explosives, buildings and structures. l/iH3
The centeriine of said 20 feet strip is described as follows:
Commencing at the South Quarter corner of said Section 28; thence
Westerly along the South line of said Southwest Ouarter, N.89°20'39"W.
341.03 feet to the TRUE POINT OF BEGINNING; thence N.23°51'39"W., 1A02!37
feet; thence N.26°14'26"W., 299.65 feet; thence N.29°47'12"W., 610.21 feet
to a point hereafter referenced as Point "A"; said Point "A" being at
coordinates ¥=341,570.72 feet and X=l,675,787.13 feet.
Containing 0.72 acres more or less.
Together with 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 the same shall
be necessary for the convenient and safe exercise of the estate described
herein.
Reserving unto the owners the right to use said right of way in any
manner not inconsistent vrith the rights herein described, but said rights
shall not include the right of the owners, their successors or assigns,
to erect or construct, or permit to be erected or constructed, any build-
ing or other structure, plant any tree or trees, or drill any well or
wells, within the limits of said right of way; nor shall the owners, their
successors or assigns, grant any other easement or easements under or over
said right of way without the previous v/ritten consent of the Carlsbad
Municipal Water District, a Municipal Water District, its successors or
assigns, nor shall the owners, their successors or assigns, increase or
decrease, or permit to be increased or decreased the existing ground ele-
vations of the above described right of way, as said elevations existed
at the time of filing of that Final Order of Condemnation, No. 252112, in
the Superior Court of the State of California, in and for the County of
San Diego, filed July 17, 1963, and recorded July 18, 1963, File No.
125935 on file in the office of said County Recorder without the previous
written consent of the Carlsbad Municipal Water District, a Municipal
Water District.
EXCEPTING AND RESERVING unto the State of California any and all
rights of ingress to or egress from the land underlying the easement herein
conveyed in and to the State highway, over and across the Northeasterly
side of the above described 20 foot easement.
It is the purpose of the foregoing exception and reservation to pro-
vide that no easement of access shall attach or be appurtenant to the"
property underlying the easement hereby conveyed, by reason of the fact
that the same abuts upon a State highway.
PARCEL 6B:
An easement in, upon, over and under the hereinafter described pro-
perty to erect, construct, reconstruct, replace, repair, maintain and
use a pipeline or pipelines for any and all purposes,, together with their
necessary fixtures and appurtenances i.ncluding but not lijuited to conduits
and cables for power transmission and communication purposes, at such
locations and elevations, upon, along over and under the hereinafter des-
cribed right of way as the Carlsbad Municipal Water District, a Municipal
Water District, its successors or assigns, may now or hereafter deem con-
venient and necessary from time to time, together with'the right of ingress
,and egress in, upon, over and across said right of way for the foregoing
'purposes, together with the right to clear and. keep clear said right of
.y^ im;y from (Explosives, building and structures. S^M property is described
follows:
1 28^
A strip of land 20 feet in width, said strip being a portion, of
the lands particularly described as follows, to wit:
The North three-quarters of the Southwest Quarter of Section 28,
Tomiship 12 South, Range 4 West, San Bernardino Base and Meridian,
according to the United States Government Survey approved October 25,
1875.
Excepting from the above property that portion included within the
200 feet right of way of the Atchison, Topeka and Santa Fe Railway
Company, formerly California Southern Railroad Company.
ALSO EXCEPTING therefrom that portion descr5-bed in deed to the
Atchison, Topeka and Santa Fe Railway Company, recorded February 23,
1946 in Book 2053, page 161 of Official Rc3Cords.
The centeriine of said 20 feet strip is described as follows:
Commencing at the aforementioned Point "A"; thence S.29°47'12"E.,
10.00 feet; thence N.61°51'00"E., 310.14 feet to the TRUE POINT OF-
BEGINNING; thence continuing N.61°51'00''E., 334.44 feet. T^e sidelines
at the Westerly end of said 20 feet strip shall be lengthened or
shortened so as to terminate in a line .which bears S.24°42'59"E., and
N.24°42'59"W., from said true point of beginning.
Containing 0.38 acres more or less.
Together with the right to erect, maintain and use gates 5.n .all
fences which now cross or shall hereafter cross said route or routes,
and to trim and cut and clear away an}:^ trees and brush whenever the
same shall be necessary for the convenient and safe exercise of the
estate described herein.
Reserving unto the Ovmers the right to use said right of way in any
manner not inconsistent with the rights herein described, btit said rights
shall not include the right of the ouTiers, their successors or assigns,
to erect or construct, or permit to be erected or constructed, any build-
ing or other structure, plant any tree or trees, or drill any well or
wells, within the llraits of said right of way, nor shall the ox-.mers,
their successors or assigns, grant any other ea.sement or easeraents u.nder
or over said right of way without the previous written consent of the
Carlsbad iiunicipal Water District, a Municipal Water District, its
successors or assigns, nor shall the ovmers, their successors or assigns,
increase or decrease, or pennit to be increased or decreased, the exist-
ing ground elevations of the above described right of way, as said ele-
vations existed at the time of filing of that Final Order of Condemnation;
No. 252112, in the Superior Court of the State of California, in and for
the County of San Diego, filed July 17, 1963, and recorded July 13, 1963,
File Ko. 125935 on file in the office of said Count}?' Recorder, without
the previous written consent of the Carlsbad Municipal Water District,
a Municipal Water District.
EXCEPTING pm RIiISERVING unto the State of California any and all
rights of ingress to or egress from the land underlining the easement
herein conveyed in and to the State highway, over and across the
Southwesterly side line of the above described PARCEL 6B, said side
line being more particular 1}^^ described as having a bearing of
N.24°42'59"W.
It is the purpose of the foregoing exception and reservation
to provide that no easement of access shall attach or be appurtenant
to the property underlying the easement hereby conveyed hj reason of
the fact that the same abuts upon a State highway.
The bearings, distances and coordinates used in the above des-
criptions are on the California Coordinate System, Zone 6. Multiply
distances shown by 1.0000370 to obtain ground level distances.
..A
Subject to special assessments if any, restrictions, reservations, and easements of record.
AND BE IT FURTHER KNOWN:
FIRST, the Director of Public Works has heretofore found and determined and does hereby find and determine, that the
said lands were acquired for State Highway purposes and are no longer necessary, and are not now being used for highway
uses or purposes;
SECOND, that this conveyance is executed pursuant to the authority vested in the Director of Public Works by law
and, in particular, by the Streets and Highways Code.
WITNESS the hand of dj^irector of Public Worfa, and the seal 0^ the Department of Public Works of the State of
M£ja^A^. . 19.4^ Califomia, this-.-day of-
STATE OF CALIFORNIA.
'PARTMENT OF PUBLIC WORKS
HUSS.ELL J. cOffHE?
Deputy BiPector^fj^^^g^^ ent)
ATTOIfN!
DEPARTMENT OF
STATE OF CALIFORNIA
COUNTY OF SAG
On this day of-
_CARM_M.^_BENICK-
.-, in the year 19-4K^1--, before me.
a Notary PuWic in and for the Coimty of Sacramento, State
of California, residing therein, duly coi^\missJ[^ned and sworn, personally appeared .fiUSSELLX-COONEl^-
known to me to be the-
ommissipnea ana sworn, personally appearea AWJJUL J. WUHH- ,
iJSpU y Director of the Department of Public Works of the State of California,
described in and that executed the within instrument, and also known to me to be the person who executed the same on
behalf of the State of California therein named and he acknowledged to me that the State of Califbrnia, executed the same.
WITNESS my hand and official seal.
RESOLUTION
RESOLVED by the California Highway Commission that, it having approved the manner and terms and conditions of
the transaction, the execution by the Director of Public Works on behalf of the State of California of a deed conveying to
CARLSBAD I-'IUluGIML WATER DI/ : HOT, A Municipal Water Distr.l:,;t, an
easement for pipe line purposes containing 1.10 acres.,
in thc-_, County of-
is hereby authorized and approved.
.-, State of California,
THIS IS TO CERTIFY That the foregoing is a full
and correct copy of the original resolution passed by the
Califarnia Highway Commission at its meeting regu-
larly called and held on the l6th
Of-
Of-
December
-day
Sacramento
, in the City
, a majority of
the members of said Comniission being present and
voting therefor.
Dated this-lltlaay of _Ds.Q.£mb.eJl_., 19.6.^-
ROBERT T. MARTIN
Assistant Secretary of the
California Highway Commission
EST. 9S3. 93080 8-63 20M ® SPO
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X, iXGHABB 1. COB. Saoratary of CAlUBAd imciFAL fXAXBB
OZSmXCf md of tlia Board of Dlraotora tSiaraof, do hara^ eartify that
tlM forai^ias taaol«tioa vaa duly adoptad by tiia Board of HiraetMra of
aald diatriat at a raptlM' owatiat o< t&a aaid Board hold oa tiia 5th di^
of JMmary, 1945. aad that it vaa ao adofptad hy tlM followiag voMt
AYBft diraetoras lally, Coa, (^vak, Mtarhla, fhiUii^a.
WM&t Mraetorat Moaa
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Saeratacy of Cknclahad liuatii«i#al Vatar "
Biatriet aad of tha Board of Blraetora
tharaof.
(BBA&)
STATE OF CALIFORNIA-HIGHWAY TRANSPORTATION AGENCY
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
DISTRICT XI, P.O. BOX 390, SAN DIEGO 92^^^2
EDMUND G. BROWN, Governor
CERTIFIED IMIL
RETURN EECEIPT REQUESTED
February 196;? ll-SD-5
PM 44.6-45.0
R/II 9274-6A, 6B
Carlsbad Municipal Water District
5780 El Caraino Real
Carlsbad;, California
Attention: 11. Dennis Wood;, General Manager
Gentlenen:
Enclosed ,herev/ith is the deed to the property recently
acquired by you from the State of California. This deed
was recorded on January 22^ 1965^ as Docvunent No. 13049 in
the Official Records of San Diego County.
Thank you for your cooperation during this transaction,
Very truly yours^
J. DEICEMA
District Engineer
iW: ekr
End.
I. V. WIRIOTS
Right of ¥ay Agent