1971-41-Authorizing Execution of Agreement Releasing Easement & Providing That Owners of Property Affected Will Hold This District Harmless From Further Liability
IlESOIDTIOIl NO. R71-41
AUTHORIZING EXECUTION OF AGRmI!:NT RELEASING EASnlENT
AND PROVIDING THAT OWllERS OF PROPERTY An"",,,,,", w=
HOLD THIS DISTRICT IIARIILESS FHa! FORTRER LIABlLITY
RESOLVED by the Board of Directors of SAN DImJI'l'O IRRIGATION DISTRICT
that the officers of the District be, and they hereby are, authorized on
behalf of the District to execute that certain Agreement Releasing Easement
and Providing that Owners of Property Affected Will Hold the Grantor Harmless
from Further Liability on Account of Abandoned Pipeline, a copy of which is
attached to the Minutes of this meeting, marked "Exhibit A", and is by this
reference incorporated herein.
Passed and adopted by the following roll call vote:
Ayes: Directors Noonan, Dean, Wilson, Cermak and Pearson.
Noes: None.
Absent: None..
I
AGR:,~SNT REE'ASTIra EA.S::J.!.Z!iT ~T!) PROVIDIHG
THAT O";iNE?S OF P3CPERT'! A??ZC'SD 'iiILL EOLD
TF.E GRAl'::'03. H"L-qr,rE..";.3 FROl': ?lJ2':':-!ER LIA3=LI':'Y
ON ACCCm;r C? ....3Ai'ir:O!2D PI?EL T7S
This agreement is executed Nove~ber 16, 1971, by SArI DIE3UITO IRRIGATION
DISTRICT, an irrigation district organized under the laws of the State of
California, hereinafter referred to as Grantor, and F.A.~OLD R. CONNER and
HILDA CONlffirl, husband and ~ife, hereinafter referred to as Grantees, in view
of the following facts:
1. Grantees at present are the o~mers of the property located in San
Diego County, California, particularly described as follows:
That portion of Lots 4 a.~d 5 in Block 24 of ?ancho Santa
Fe, in the County of San Diego, State of Califprnia,
according to Map thereof No. 1742, filed in the Office of
County Recorder of San Diego County, December 28, 1922,
described as follows:
Beginning at that ~oint in the 325 foot radius curve, concave
Southerly in the Southerly line of said Lot 5, having a radial
bearing of "North 23008' Zast"j Ther.ce HorthHesterl;:r along
said curve 18.21 feet t~ro'J.gh a, c~l'2tral angle of 3012140";
Thence leaving said Northerly ~oundary of Los Xorros North
12059'33" :;test 289.68 feet; Thence North 9026'32" ,"lest 242.30
feet to the Westerly terminus of the Easterly 136.27 feet of
the common boundary line between Lots 5 and 11 in said Block 24;
Thence along said common boundary line, North 360371 East
136.27 feet to the corner common to Lots 4, 5 and 11 of said
Block 24; Thence along the common boundary between Lots 4 and
11, North 73025' East 137.45 feet to an angle point in said
boundary; ?hence l~aving said boundar~" North 67008'06" 2:ast
136.62 feet; thence South 08029' East 200.€3 feet; ?hence South
25046' East 263.11 feet to an angle poir.t in the boundary line
of the land described in Deed to Russ~11 J. Van Dame, et ux.
recorded Deceooer II, 1963 as docuoent No. 220331 of Official
Records; Thence along said boundar~' South 19039129" ilest 150.35
feet; Thence Sout~ 47049' West 250 feet to the Westerly corner
of said land being a point in the boundary line of said Lot 5;
Thence UorthHesterly along said boundary line to the point of
beginning.
Also that portion of the adjacent half of said public road
"Los };orros" immediately adjoining the e..bove described property.
2. Grantor at present ovms a "blanket easement" for pipelines at any
location upon said property above described, ~~ich easement was recorded
August 22, 1925 in Book 1121, page 67 of Deeds. A 3011 redHood stave pipeline
was constructed across said property pursuent to the provisions of this
.
t ,.,., . I' 'd
easec.e!'. , w;aCn 1'::':?8 u:.e was acan _cned several ;r80U'S age.
~owever, t~e piFe
re~ains buried in tLe prcperty above descriJed.
3. Grar.tor is ':d:1inS to releClse said "blanket easement" pro'l"ided
Grantees agree for tr.emselves, and their &~ccessors in ownership of said
property above described, to hold Grantor harmless from any liability
subsequently arising out of the continued presence in the ground of said
abandoned 30'1 redt.;ood. stave pipeline.
NOV, TREREFO?~, the parties hereby agree:
1. In consideration of the promises of the Grantees herein contained,
Grantor hereby ~uitclaims to Grantees all of its right, title and interest in
the property above described.
2. In consideration of the pro~ises of Grantor herein contained,
Grantees, for theoselves ar-d for t~eir heirs, s~ccessors, and assigns as
o~mers of the property above described, agree that:
(a) ?hey are aware of the ey.iste~ce of said buried and abandoned
30" redl.:ood stave pipelir..e;
(b) iIeither t1:ey nor t!?eir s'.;.ccessors in interest in O'\'.rnership of
the property above described will:
(1) Construct any str~~ture above said line until the pipe has
been removed, crushed or otherwise treated so that it cannot collapse;
(2) Bake Etn~r clain agninst Grantor for injuries slJ.stElined or
damage causec bJ the continued ey.isten~e of said pipe in said ground, or its
collapse j and
(c) They and their successors in interest in ownership of the property
above described "fill:
(1) Indemnify Grantor and i:01d it harr:lless against an;:r loss
or clai~G of others presented to Grantor arising out of said continued
existence of said pipeline; and
(2) Pay all expenses, includir..g specifically attorneys' fees, incurred
by Grantor in defendine any action brought against it arising out of said con-
tinued exis~ence of said redwood stave pipeline.
-2-
L
:his ~zree~ent is expressly declare1 to be for the oenefit of ~he
property ~ereinabove described as well as adjoining and nearby prQ~erty in
whic~ Grantor tas an interest.
This agreement is executed as of the day and year first hereinabove
set forth.
GRAlltOR
HAROLD R. CmnIER
HILDA GCITE2-
GRANTEES
-3-
STATE OF CALIFOffi!IA )
) SS
COUNTY OF SM! DIEGO )
On this /7 day of ~2'C77J&V/ ,19.ZL, before ne,
the undersigned, a Not ry Pu ic ~nAnd for aid County ~~d State,
personally appeare /-///;,1 knoV'm to me to be the
President, and ' known to n::.e to be the Secretary
of SM~ DIEGUITO RR GA~ 1 DI TR el, the Irrigation District that U
executed the within i trument, and knoV'ffi to me to be the persons
who executed the within instrument on behalf of said Irrigation
District, and acY~owledged to me that such Irrigation District
executed the sa~e.
WITNESS ny hand and official seal.
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G"""'" '--~, -',' r:'\:':'-'~~\'1~c~h 23.1974
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lIT AI: ?() SA! I C lCTY
AND STATE