Loading...
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. . ...." , ...