1972-09-Authorizing Corporation Grant of Easement & Agreement
RESOLUTION NO. R72-9
AUTHORIZING CORFORATION GRANT OF EASmENT AND AGIllIDIENT
WHEREAS, the San Dieguito Irrigation District and the Santa Fe Irrigation
District jointly hold title to the right of way for the flume from the San
Dieguito Reservoir to the Lake Hodges;
AND WHEREAS, the owners of adjacent property have petitioned the Districts
for the grant of an easement for ingress and egress across this flume;
AND WHEREAS, the agreement appears to safeguard the Districts' interest;
~'ORE, BE IT RESOLVED that the officers of the District be, and they
hereby are, authorized to execute the Corporation Grant of Easement and Agreement,
as attached hereto marked Exhibit nAil, and by this reference made a part hereof.
Passed and adopted by the following roll call vote:
Ayes: Directors Dean, Wilson, Pearson, Noonan and Cermak.
Noes: None.
Absent: None.
t;-,fir, /3 ,/
I /'
IJ
.........
CORPORATION GRANT OF EASEMENT AND AGREEMENT
This Agreement made this day of
1972, 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
RALPH H. JOYCE and SANDRA JOYCE, husband and wife, as joint
tenants, 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: That portion of
Section 14, Township 13 South, Range 3 West, San Bernardino
Base and Meridian, in the County of San Diego, State of Cali-
fornia, according to United States Government Survey, as
described on Exhibit A attached hereto, hereinafter referred
to as the Dominant Tenement: and
WHEREAS, Grantees desire to acquire certain rights in
the Servient Tenement:
NOW, THEREFORE, it is agreed as follows:
1. Grantors hereby grant to RALPH H. JOYCE and
SANDRA JOYCE, husband and wife as joint tenants, an easement
as hereinafter described.
2. The easement granted herein is appurtenant to the
Dominant Tenement.
3.
private right
The easement
of way.
granted herein is a non-exclusive
4. The easement granted herein is over only that
portion of the fallowing described real property which is owned
by the Grantors, in the "State of California, County of San Diego:
A right of way for "road designated herein as Access Road
nC", 20 feet in width over and across that portion of
the southeast Quarter of Section 14, Township 13 South,
Range 3 West, S. B. B. and M. lying northerly of the nor-
therly right of way line of County Road Survey No. 476
and southerly of the southerly line of the 25 foot
right of way conveying to the City of San Diego by
Deed recorded April 1, 1940 in Book 1007, Page 303,
Official Records in San Diego County, California and
described in Parcel No. 24, Items (d) and (e) of said
instrument: the center line of which right of way for
Access Road nCI! being described as follows:
Beginning at a point on the center line of County Road
Survey No. 476 at Engineers Station 425 + 11.32, at which
station said center line bears South 780 22' 30n West:
thence South 780 22' 30n West along the tangent of said
/
,
r
~-~,--
.....
County Road Survey No. 476 a distance of 126~52 feet
to the true point of beginning; thence leaving the
tangent of said County Road Survey No. 476 on a line
which bears North 440 19' 30" West, 67.59 feet to the
beginning of a tangent curve to the right with a radius
of 40 feet; thence along the arc of said curve through
a central angle of 750 461 30" a distance of 52.90 feet
to the end of said curve; thence North 310 27' East
tangent to last described curve a distance of 7.61 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 340 20' a distance of
59.92 feet to the end of said curve; thence North 650
471 East tangent to last described curve a distance of
143.81 feet to an angle point; thence North 480 42' 30"
East, 11.54 feet to a point hereinafter designated as
Point A, and the beginning of a tangent curve to the
left with a radius of 40 feet: thence along the arc of
said curve through a central angle of 1030 561 30" a
distance of 72.56 feet to the end of said curve, said
end of curve being designated hereinafter as Point B:
thence North 550 14' West tangent to last described curve
a distange of 123.79 feet to an angle point: thence
North 61 51' West, 200 feet more or less to an inter-
section with the center line of said 25 foot right of
way conveyed to The City of San Diego.
Also a right of way for a turning area adjOining the
above described right of way and described as follows:
Beginning at Point A, which is defined in the foregoing
description of the right of way for Access Road "C":
thence South 410 17' 30" East at right angles to the
center line of said right of way at said Point A, 10
feet to the southeasterly line of said right of way
and the true point of beginning: thence North 480 42'
30" East, 21.37 feet to the beginning of a tangent
curve to the right with a radius of 100 feet: thence
algng the arc of said curve through a central angle of
30 17' a distance of 52.85 feet to the end of said curve:
thence North 780 59' 30n East tangent to last described
curve a distance of 28 feet: thence North 110 AD' 30"
West at right angles to last described course a distance
of 20 feet; thence South 780 59' 30" West at right angles
to last described course a distance of 24 feet to the
beginning of a tangent curve to the right with a radius
of 70 feet: thence along the arc of said curve through
a central angle of 450 46' 3D" a distance of 55.92 feet
to the end of said curve; thence North 550 141 West
tangent to last described curve a distance of 17.37
feet to a point on the easterly line of the said right
of way for Access Road "C": said point being North 340
46' East 10 feet from Point B on the center line of said
right of way; thence southeasterly, southerly and south-
westerly along the arc of the said easterly right of
way line to the true point of beginning.
-2-
,....
l
~
5. Prior to the commencement of the use of the ease-
ment granted herein, the Grantees or their successors in interest
as owners of the Dominent Tenement shall submit to the Grantors
or their successors in interest as owners of the Servient Tene-
ment plans and specifications for the approaches to, and the
structure crossing, the flume located on the Servient Tenement,
and no construction of the approaches or structure shall commence
without 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 re-
imburse 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 Tene-
ment each of the rights of the Servient Tenement set forth herein
shall exist in full against each of the Dominant Tenement's
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 obli-
gations herein assumed. Any oral representations or modifications
concerning this instrument shall be of no force and effect ex-
cepting a Subsequent modification in writing, signed by the party
to be charged.
11. In the event of any controversy, claim, or dispute
relating to this instrument or the breach thereof, the prevailing
party shall be entitled to recover from the losing party reason-
able 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
President
<<ItA
~L d.~U
Secretary
Secretary
RALPH H. JOYCE
SANDRA JOYCE
-3-
r
... ..
,,-, --
:'I~'~; ~ -'4-"
.....;. _..;;.,'Jr
.
.
704
-~
,
EXHIBIT A
~der No. 279015_F
Escrow No. 44-2466
P~\RCr.L .!.:.
Tn~ Soutr. nElf c:;f ::'.\0- S=o.:.tn.c:.s::: Quart~r 0T :::'-~ ~;o~th2.::.a:: '~,-i'.r::2.:: cf
S.:;ct!on ll;~ Tc;.~-;..;;l;,::p ~-... Z":;ut:C. ~'.cLlge J :':.::s::. ;~i.~, ne=T'dr..:::'~ !:;,6,ac. <:.~'.d
I:..:;ridi..n. in th.." :ou.ty O)f 5c_ ~i-.=.~c. ,C;ta\:e ;:;f C4:'1.t"::::",,:':'e, <::'c-'::::i"<i'i.o-~ to
Unit~d States Gc~~ntme~t S~rvs7.
PARca 2:
An ~8Bement for road purpoagg, ~O.00 feet ~tdc. =v~r ~~2 ~cr0SS t~"t
p__::'~ion uf t::.e: SO\i;:'.,<o",s~ Q:_~r;;:E!' or 8ect::::"l'-", -'-- . '-'::'_;~'~:P :~ ;:;c--!.tl.t~;:~,-ge
3 West, San Bern:Lrdi.n~ Bas-z .a~.Ji Nsrid~a!:.. lyi::'.R ~~crth.-=rly of COti::,.ty p',j~.i
Survey No.. 47(;. The ccnt-sr H.::.~ of said 2J,r:r! f::ot ea.:,.:::;;"P.::::: oeing des~ri~<2(;
as follo,,'s:
Commencing at a pu1nt ..:m t:~". C::::':::0r li::c or ";C'..:lty 1.:'~,:' ~'.:.r,~=)-' 1;0. /."75
oSt Engineers Stat:L:n ,~3'::' + j1.25 E.t w~ich ~t"ti=r. E2-t,; .:.a7':i.i:,S!' lixl.e l;<2.::r.s
South 250,.0' 0(1" t:csc; tOE'--:Cc "i.::rth 25 o,~l; !:'1,- ,. :~st 6.lc:~,;;: :i,;t;'~ -:':.::.:-.ger.: :If
"aid County Road Survey ~;o. :'7~, a distanc.,. :oF 2~5.Sfj L,,;;,t tc a po:L1t 0;1
the :-::orthe:-tly right of ;~;.y H:'!,,, of CoU:.;.ty ~.)ed SUI"V"'-Y :b. L76. .ar:'~ ::;:1,C
TRUE POrlT OF BEGI~~n:';G;;';:1(;!'!.:,;e le2.,of:1g s2i.d C:;;rty He-ad S>1r~'~y No. '-",76
on a continuation of said tG.':!gcr,::. Nort~ 25"'1,~;.,..,1' E.:;",';;,., 1.,~3 fe~t tv a~l.
angle point; t:.ence ::;;);:t~-. r;6"~!; ''\1'' East. '-:'1.:,: ~;::.et t.::: ,;l',e ',x:"gi,.nl.g
of a tange:lt cLrve t:l the l~ft ~,~lti:.' a ra.cit.;: _f lsr..')""1 f.:~t: t~~nc'.:! along
the ar.: of said C:.lrve t;,r.::>ug;, :! central a:::~l~ of :::013'3(>" a dist2nr:e of
113.16 feet to the end of saiG ccrve; th,=n.:e ;'iGrth 3,::~10'3Q" \lest tangent
to last described curvC' ,e, distm1ce of 54.:> fC2t to tile i;.~gi..nbp' of a
tangent curve to the rig:;t with a radius cf 1'1,'.:10 f<!et; t:--Ience. elcng
the arc of said curve tr.rough a central MRle of 'lL=':;"](j"! a distence.
of 57.58 f€et to the: e:"l.d cf sai.d curv.a; tl'-,ence ~:orth "3020rCiO" West
tangent to last described curve a distance ~f liJ.5~ feet; t~ence
continuing North 03:c'l20'OO" 1~1;:st. to a point: 1r. the. ~.7;uther11 line of the
Soutbwest Quarter of the I~cr::.hc<:.st: '1uc:r:ter.
PARCEL 1;.
An easement for read p~rposc~ ever and across the Southerly 20.00 f~et
of the SOJutnwest Quarter .of t!;02 ~;ortheast 0uartEr of Section 14. Township
13 South. Rar.l.ge:3 ~leGt. San ~ur:lardin;) Base a.~1.cl ;.ie.ridian. :L:. tho COULity:;f
San D1egG. ~eilte of Califoraia. according to Unit~d Stat~d GOvern~ent SurVEY.
E.'CCEPTING ti".erefrOIn i:.hat portion ;..~este~ly Cif a lir:e t~lilt is
10.00 feet Westerly cf the :'~or!;hc::rly ~xtc..",:liu:1 of th6.I: c.~rtaln
course de6~ribed in deed to the City ~i S~n ni~g~ recorded April 9.
lS52 as Document ~:Q. '~3663 in r;od~( :~o" .:.~:S pagE 434 of Official
Records. as North 03':-':::0',](;1' :.Jest. 105.:'1 feet.
279015-F
ALSO EXCEPTINC thf~refr~d e.,.:'! Ea5ter~y 15.<:0 feet.
P ARCEI.. ~'~:
279015-r
An enSetlL'2nt fo~ read PUrp:J5c:S ':';er .....,,"" n.::rc~-,,:; ',~'....: ;-"_ w'r'y 1 0" r~'>'-'
of th .' ...., - . ."c,; L.'-'... 5. ': __~
e ....)iJtn ;..:01.r. .1r: t;!-~ ;:),)udm';,:n;: Oua~t(,.. ...., :..~.~, '~r"l-. ,. --~ '''.1 _ f
$>ctJ o. '.'. '''.~ .,~J'_ :~._ , " ,_L.....-.. "~w"_''''-'-'... '{f.:.:';.(;l" u
... .LO.. ..... .I.{;......->,,~p ......; ;}Otot". ,\<inns .\ ;,'<:;6(- ~~."' .......,-.~~.-'1" ""., a'"
',-., dO.. '0.", -. '. ..... , " ... 'iI '.<-0.. -'-_........... c.'- "<4':''' h..
.,,_ri ~'1... i,.... ....'-, "",;,tLi.\:7 wl.: :,;;::r, :~~eg:). S";....(...f. c~:t.i";:::J"""'c '~~".r''''. ~
tJ '''t--- - .,..~.. . ~ - _. - ".' -- -"-'-~"'. "'~_.i .....i....;:t LO
,'LI. .:.... ,Y~.a...:.B ~'(,".:"~~::".~:;:,,,,~-..: ;:';..7":.::lY.
.
...."
,
...