1970-27-Accepting an Easement for Pipeline Purposes & Authorizing the Recording of Same
=OIllTION NO. R70-27
ACCEPTING AN EASEIIENT FOR PIPELINE PURPOSES AND AUTHORIZING
THE RECORDING OF SAllE.
WHEREAS, the San Dieguito Irrigation District has a water pipe line
installed in a section of M Street;
AND lrlHEREAS, the owners of adjacent property have petitioned for the
vacation of this section of M Street;
AND WHEREAS, the petitioners have granted the San Dieguito Irrigation
District an acceptable easement protecting the district's interest in said
street;
NOW', THEREFORE, BE IT RESOLVED that the officers of the district be, and
they hereby are, authorized to accept said easement and record same. A copy
of said easement is attached hereto and marked Exhibit liB" and by this
"
reference made a part hereof.
Passed and adopted by the following roll call vote:
Ayes: Directors Dean, Pearson, Noonan and LawBon.
Noes: None.
Absent: Director Cermak.
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EXHIBIT "A."
CORPORATION GRANT OF EASEMENT AND AGREEMENT
This Agreement made this day of September,
1970, by and between SAN DIEGUITO IRRIGATION DISTRICT and
SANTA FE IRRIGATION DISTRICT, political subdivisions of the
State of California hereinafter referred to as Grantors,
and ARTHUR E. LEVY and MILDRED N. LEVY, husband and wife,
and EUGENE E. JANOFF and SHIRLEY N. JANOFF, husband and
wife, hereinafter referred to as Grantees
WHEREAS, Grantors are owners of a portion of
certain real property hereinafter described, the Grantors'
portion thereof being hereinafter referred to as the
Servient Tenement; and
WHEREAS, Grantees are the owners of the property
located in San Diego County described as follows: The
North 1/2 of the Northeast 1/4 and the North 1/2 of the
South 1/2 of the Northeast 1/4 Section 14 Township 13
South Range 3 West consisting of 120 acres more or less,
hereinafter referred to as the Dominant Tenement; and
rights in
WHEREAS, Grantees desire to acquire certain
the Servient Tenement;
NOW, THEREFORE, it is agreed as follows:
1. Grantors hereby grant to ARTHUR E. LEVY
and MILDRED N. LEVY, husband and wife as cormnunity
property as to an undivided one-half interest, and
EUGENE E. JANOFF and SHIRLEY N. JANOFF, husband and
wife as community property as to an undivided one-half
interest, an easement as hereinafter described.
2. The easement granted herein is appurtenant
to the Dominant Tenement.
3. The easement granted herein is a non-
exclusive private right of way.
~
4. The easement granted herein is over only that
portion of the following described real property which is
owned by the Grantors, in the State of California, County
of San Diego:
An easement for road purposes, 20 feet
wide over and across that portion of the
Southeast Quarter of Section 14, Town-
ship 13 South, Range 3 West, San Bernar-
dino Base and Meridian lying northerly
of County Road Survey No. 476. The
center line of said 20.00 foot easement
being described as follows:
Commencing at a point on the center line
of County Road Survey No. 476 at Engineers
Station 434 + 31.25, at which station said
center line bears South 25040' West; thence
North 25040' East along the tangent of
said County Road Survey No. 476 a distance
of 285.66 feet to a point on the northerly
right of way line of County Road Survey
No. 476, and the TRUE POINT OF BEGINNING;
thence leaving said County Road Survey No.
476 on a continuation of said tangent,
North 25040' East 1.43 feet to an angle
point; thence North 6054' East 81.22 feet
to the beginning of a tangent curve to the
left with a radius of 150 feet; thence
along the arc of said curve through a cen-
tral angle of 43013'30" a distance of
113.16 feet to the end of said curve; thence
North 36019'3011 West tangent to last des-
cribed curve a distance of 54.24 feet to the
beginning of a tangent curve to the right
with a radius of 100 feet; thence along the
arc of said curve through a central angle
of 32059'30" a distance of 57.58 feet to
the end of said curve; thence North 3020'
West tangent to last described curve a
distance of 113.56 feet; thence continuing
North 3020' West, to a point in the Southerly
line of the Southwest Quarter of the North-
eas t Quarter.
5. Prior to the commencement of the use of the
easement granted herein, the Grantees or their successors
in interest as owners of the Daminent Tenement shall sub-
mit to the Grantors or their successors in interest as
owners of the Servient Tenement plans and specifications
for the approaches to, and the structure crossing, the
flume located on the Servient Tenement, and no construc-
tion of the approaches or structure shall commence with-
out the express written approval of the Grantors or their
successors in interest as owners of the Servient Tenement.
6. The Grantees and their successors in interest
as owners of the Dominant Tenement shall henceforth hold
the owners of the Servient Tenement harmless, and shall
defend them, against all claims, and from all liability,
for damages and costs arising out of the use by anyone
of the easement granted herein.
7. The Grantees and their successors in interest
as owners of the Dominant Tenement shall henceforth hold
the owners of the Servient Tenement harmless from, and
shall promptly reimburse them for, all damages and expenses
incurred in protecting or repairing the flume located on
the Servient Tenement where the protection or repair is
made necessary by the use by anyone of the easement granted
herein.
8. In the event of the failure of the Grantees
or their successors in interest as owners of the Dominant
Tenement to promptly comply with any of the provisions of
Paragraphs 5, 6 or 7 above, the owners of the Servient
Tenement may terminate and revoke the easement granted
herein by written notice filed with the County Recorder.
9. In the event of the partition of the Dominant
Tenement each of the rights of the Servient Tenement set
forth herein shall exist in full against each of the
Dominant Tenement1s partitioned portions, as well as
against all of the partitioned portions, jointly and
severally.
10. This instrument contains the entire agreement
between the parties relating to the rights herein granted
and the obligations herein assumed. Any oral representations
or modifications concerning this instrument shall be of no
force and effect excepting a subsequent modification in
writing, signed by the party to be charged.
11. In the event of any controversy, claUn, or
dispute relating to this instrument or the breach thereof,
the prevailing party shall be entitled to recover from the
losing party reasonable expenses, attorney's fees and
costs.
IN WITNESS WHEREOF, the parties hereto have
executed this instrument the day and year first above
written.
SAN DIEGUITO IRRIGATION DISTRICT
SANTA FE IRRIGATION DISTRICT
Pres ident
Pres ident
Secretary
Secretary
ARTHUR E. LEVY
EUGENE E. JANOFF
MILDRED N. LEVY
SHIRLEY N. JANOFF
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
ss
On this day of September, 1970, before me,
the undersigned, a Notary Public in and for said County and
State, personally appeared FRANK J. CERMAK known to me to be
the President, and STANLEY T. MILLS known to me to be the
Secretary of SAN DIEGUITO IRRIGATION DISTRICT, the Irrigation
District that executed the within instrument, and known to me
to be the persons who executed the within instrument on be-
half of said Irrigation District, and acknowledged to me that
such Irrigation District executed the same.
WITNESS my hand and official seal.
NOTARY PUBLIC IN AND FOR SAID COUNTY
AND STATE
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
ss
On this day of September, 1970, before me,
the undersigned, a Notary Public in and for said County and
State, personally appeared J. H. BROWER known to me to be the
President, and VIVIAN L. WOODWARD known to me to be the
Secretary of SANTA FE IRRIGATION DISTRICT, the Irrigation
District that executed the within instrument, and known to
me to be the persons who executed the within instrument on
behalf of said Irrigation District, and acknowledged to me
that such Irrigation District executed the same.
WITNESS my hand and official seal.
NOTARY PUBLIC IN AND FOR SAID COUNTY
AND STATE
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
ss
On this day of September, 1970, before me,
the undersigned, a Notary Public in and for said County and
State, personally appeared ARTHUR E. LEVY and MILDRED N. LEVY
known to me to be the persons whose names are subscribed to
the within instrument, and acknowledged that they executed
the same.
WITNESS my hand and official seal.
NOTARY PUBLIC IN AND FOR SAID COUNTY
AND STATE
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
ss
On this day of September, 1970, before me,
the undersigned, a Notary Public in and for said County and
State, personally appeared EUGENE E. JANOFF and SHIRLEY N.
JANOFF 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.
NOTARY PUBLIC IN AND FOR SAID COUNTY
AND STATE
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