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HomeMy WebLinkAbout; Taylor, John & Madeleine; 122049; EasementTHIS INDENTURE, made this day of October, 1947, by and between JOHN S. TAYLOR and hiADELEINE F. TAYLOR, husband and ife, hereinafter called first party, and CAHLSBAD MUTUAL WATER COIdPANY, a corporation organized and existing under the laws of the State of California, with its principal office at Carlsbad, California, hereinafter called second pzrty. That the first party, for and in consideration of Ten ($lC.OO> Dollars and other good and valuable considemtion to them 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 successors and assigns, the right, right, of way, easement and privilege to lay, build and maintain on, in, under, orver and/or across the hereinafter described real property, for the purposes of conveying water, one or more services and pipe lines, together with the right of ingress to an6 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 repairhg any and all of the above-mentioned items, and for all other purposes that are or may be or become neces- sary and incidental to the construction, reconstruction, placing, replacing? maintenance and/or operetion of any and all of sa.id items. The above mentioned real property is described as follows: An easement for water service over a strip of land ten (LO) feet in width lying North of the following described line: That portion of Tract 2, Laguna Mesa Tracts, as per Nap thereof No. 1719, filed in the office of the Recorder of San Diego County, State of Cali- fornia, described as follows: Beginning at the point of intersection of the Southerly prolonga- tion of the Easterly line of said Tract 2 with the center ljne of County Road; thenre N0°02'W along the said Easterly line of Tract 2, 621 feet; thence -1 N890gt W, 317 feet to the true point of beginning; '-thence continuing from said true point of beginning N8qo59'W, 314.72 feet more or less to the Easterly line of Road Survey No. 843. This grant is made subject to the following covenants and conditions on the part of the second party, its successors and assigns, to be by them kept and performed, vix: 1st. That upon the permanent removal from said pre- mises by the second 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 presen$ general condition. 2nd. That the placing, construction, reconstruction, maintenance, operating and repairing of any and al.1 of said items and equipment shall be done so as to interfere as little as possible with the agricultural use and cultivations of the above described real property by the first party; that the surface grade of said property shall not be changed by first party subsequent to the commencement of construction work by second party; and that first party shall carry on their opera- tions of sai.d real property in such manner as not to damage or interfere with any of theequipment at any time placed, con- structed, maintained or used thereon by the second party, its successors and assigns. TU HAVE AND TO HOLD unto the second party, its successors and assigns. WITNESS our hands and seals, the day and year first above writ ten. STATE OF CALIFORNIA ' ss COUNTY OF SAN DIEGO j ,T On this /Lf day of d& 1947 , before me a Notary Public in and for said County, personally 'appeared John S, Taylor and Madeleine F, Taylor, known to me to be the persons whose names are sub- scribed to the within instrument and. acknowledged that they executed the same, WITNESS my hand and official seal, n s/- , I. I Notary Public in and fora County and State-- IvIy commission expires ?de- 5-j c M. MCCULLDCH ASST. SECRETARY CARLSBAD, CALIFORNIA NOVO 15, 1947 #<&k- /? 6 ,p B County Recorder Civic Center San Diego, Calif. Dear Sir: We enclose herewith Easement executed by John S. and Madeleine F. Taylor in favor of Carlsbad Mutual Water Company. Please record this document and return It to us at P. 0. Box 7, Carlsbad, Calif., together with the charge for recording same. Board of Directors of the Carlsbad Mutual Water Company on Oct. 21, 1947, by unanimous vote, as follows% .A+--- The easement in question was accepted by the llIT WAS RESOLVED that an executed ease- ment, granted by John s. & Madeleine F. Taylor over a portion of Tract 2, Laguna Mesa Tract, be accepted and filed for record with the County Recorder of San Diego County; AND BE IT FURTHER RESOLVED that the Secre- tary prepare a Certification of the above Resolution and forward same to the County Recorder with the request that said ease- ment be recorded." I hereby Certify that the above is a true and cor- rect copy of the minutes of Oct. 21, 1947, as related to above mentioned easement. Yours very truly, CARLSBAD MUTUAL WATER COMPANY Bv: ~~ " ' S. D. Fraser? Secretary