1987-35 Accepting Grant of Easement (Shell Oil Company, a Delaware Corporation)
RESOLUTION NO. 87-35
RESOLUTION OF THE BOAP~ OF DIRECTORS OF
SAN DIEGUITO WATER DISTRICT ACCEPTING
GRANT OF EASEMENT (Shell Oil Company, a
Delaware Corporation)
WHEREAS, a grant of easement to the District from Shell
Oil Company, a Delaware Corporation has been presented to the
Board; and
WHEREAS, it is in the interest of District to accept said
easement; and
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND
ORDERED by the Board of Directors of San Dieguito Water District
as follows:
1. That said grant be and it is accepted.
2. That the Secretary of the District be and he is
authorized and directed to record the grant on behalf
of the District.
PASSED AND ADOPTED at a regular meeting of the Board of
Directors of San Dieguito Water District held on the 26th day
of August, 1987, by the following vote, to wit:
AYES:
Directors Shea, Omsted, Gaines, Steel and
Anderson
NOES:
None
ABSENT: None
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President
AT 'ST:
- 35 -
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5.
The understgned. ....--
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92803
................-......................-...
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all Grantor...., ....1Q5...Encini.tAS...Jllyd,.......'.E.U&illit,aeounty ot...S.a.Jl...DJgg.9.........., State ot..~?.Hf9.!.n~~...m....
~n conlllderatlon of the sum of Ten Dollars ($10.00) lawful money of the United States, paid by San Dlegulto'
R District, an irrigation d1lJtrlct organized and existing under and by virtue of the laws of ~. of CalifornIa,
as Grantee, receipt whereof ill hereby acknowledged, does hereby grant unto said San Dlegulto District, its
successors and assigns, an exclusive and permanent easement of right of way in, upon, over and across the lands
hereinafter ae!!crlbed, for the purpose of loca.tlng, relocating, constructing, reconstructing, maintaining, operating, in-
specting ,and repairing a pipe line or pipes lines, and all fixture!! and appurtenances Incidental thereto for use in con-
nection therewith, for the transmission and distribution of watel' and aU uses and purposes incidental thE'reto, together
with the right of ingress thereto and egress therefrom, to and along said right of way, togethel' with the right to clear
and keep clear s.ald right of way frnm buildlngi!l, structures. explosive. trees, and other material or growth!l detrlm€'nt-
al to the uaes hel'eln granted.
The landi!l in which such ell.!!lement of fight of way ts hereby gunted are situated in the County of San Diego, State
of Cal1fOl'nla, and pal'ticulal'ly descrlbecl as follows, to wit:
Parcel 2 in the County of San
on page 14490 of Parcel Maps,
Recorder of San Diego County,
Diego, State of California
filed in the office of the
September 30, 1986.
as shown
County
The route of n.id eallement of fight of way acrOll1l the aforellald lands shall be Ill! follows:
~i
Beginning at the southeast corner of said Parcel 2; thence north 010
20' 06" west 27.00 feet; thence north 280 03' 01" east parailE'l w-lth
that course having a bearing and distance of (north 280 03' 01" east
78.98 feet) in the easterly line of said Parcel 2 a distance nf 56.50
feet; thence north 010 20' 06" west parallel with that course having
a bearing and distance of (north 010 20' 06" west 129.86 feet) in the
easterly line of said Parcel 2 a distance of 86.39 feet: thence north
310 57' 20" west 43.16 feet to a point in the northerly line of said
Parcel 2, distance north 890 21' 53" west 33.00 feet from the north-
east corner of said Parcel 2 the above sidelines of the 15 foot
easement to be prolonged or shortened to terminate in the southerly,
easterly and northerly lines of said Parcel 2. Easement shown as
Exhibi t "A" at tached.
..~
It Is expressly agTeed that the Grantor shall have the right, at his own risk, to Ulle the surface of the right of way
hereby granted, for agricultural uses except for the planting and gl'owlng of trees; e.nd the right to crMS or make ulle
of the audace In a manner not detrimental to the Installation, conlltl'Uctlon, operation, Inspection, repair, maintenance
and replacement ot &. pipe line or pipe lines, Cfl' to any otber pUl'p08es and U!!ell Ill! are or may be necessal'Y or Incldental
to the constrUction, maintenance and operation of the Grantee's pl'oposed pipe line or pipe lines.
And the Grantor hereby agreell for himself, hill BucceSSOl'll or uslgns, that he will not plant treell Of construct or
.cause to be constructed and maintained any buildings or structurell of any nature or kind within ten feet of !laid pipe
line; or store ar permit to be stored or Ulle upon lIald fight of way any blasting suppllell Of exploslvell commonly ufled for
bluting purposes.
And the Grantee hereby agrees that It will avoid unl'ea80nable interference with the use by Grantor and his !"tlCCell-
SOrll of s&1d right of way, and agrees not to fence the n.me, and agl'eell that the Grantor may enjoy the surface use of
the land heretn described, subject to' the condttiofill above atated; and Bgl'ees to permit the Installation by the Grantor of
watel' pipes reasonably required for Grantor's UBe on his said property over and 1!lC1'08S the right of way in a man,ler
which will not interfere with the Grantee'e pipe lines and opel'attons, provided, If the location is to De under GnmtEoe's
pipe line, it muet be installed subject to Grantee's supervi810n and approval, and the Grantee agrees, after the installa-
tJon of It& pipe linea, to restOl'e the surface gl'ade above the pipe to as near the original elevation as practicable. All
present wt&l1ed utilities will be tntedered with as little as possible and If lntel'rupted will be promptly restol'ed to Wle
at tbe expefille ot the Grantee.
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. __, Witness
SHELL OIL caMP ANY
EXHIBIT ''fI''
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Notarleil: Use proper fOl'm on back.
------- n_._._.__" __...n._.....................n. ~., .." .._____, ...G....."'-,,,"', ..._._n___..._nn_n ......_____n__...n_nnn.
a Notary Public In and for the said County and State. residing therein, duly commissioned and sworn, perl'onally appf'~.re(l .
whose n!l.m"
.______.personally known to me to be the person__
..n.._._...subscribed to the within Instrument, and duly acknowledged to me that .._he....executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offklal
seal the day and year In this certificate first above written.
Notary Public In and for said County and State
CORPORATION FORM
::.:: :F~l~S ...................................] M.
ON THIs..<:\\l;.1.ay of....d.>.l.l.'/.......A. D.. 19:f1, bof", m,..-\<(I\\C~S)~~\c{.___ .... . ,
a Nota~_PublJc in and far the said County and State, residIng therein, duly commissioned and sworn, personall~ appeared l
---. ___~..\):___~\\is.. ___ . k.m~ to m, '" b, th';'dt"~~;"I~.\~J~ "
~~:\L~~~:~\~~t1~~~~;~~~;u;,~,::O=~::::;:~:,:: ~~= +t:'::'t~:y b:f :::
persons who executed the within Instrument, on behalf of the Corporation therein
named, and acknowledged to me that such Corporation executed the same.
seal the day and ye
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STATE OF CALI 1tN1A}
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COO~~ o~=a-\,>'\- .day Of..:;S\l\~.___... ..A.D. 1&.1 bef"'m,.~l'I~~\)I\Rc.i_________
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namen. n.\~"n_._..suh!'!crlbed to the within Instrument, Ill!! a subscribing Witn!'ss thereto, who being by me duly sworr.:.~ .
depose....and say....: That....___.......__he......nn......reside5___..... In the said County of_~fU
~, State\qf-JJil~, and thatn_...hen\J,l_,\S. n_present and saw
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to hl..~..... to be the same person descrlbed- in and whose name.....\.$.:...._.subscribed
to the within and annexed Instrument, I'lign, exe;:ute llnd delIver the "'lme, and
WITNESS FORM
..-....hen.......___llcknowledged to said afflll-nt tha't.._ n____nhe_. ...._e'tecut<!d thQ same;
and that lald affiant subscribed....n.._...h.!_S..._n_name_. thereto as a Witness
IN WITNESS WHER('i,\' . I have h unto set my hand and affixed n,yofficlal
seal the day and year in_t 's cer ificate . '3t above wrttten.
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ADMINISTRATION
MANAGER - CORPORATE REAL ESTATE
PURCHASING AND ADMINISTRATIVE SERVICES
Certificate of Authority
S. J. Paul certifies that he
is Assistant Secretary
of Shell Oil Company, a Delaware corporation; and that pursuant to the
By-Laws of the Corporation. the Board of Directors has duly empowered the
President to prescribe in writing the authorities and duties of any
officers which he may deem advisable and appropriate and to authorize any
officer of the Company to further delegate the authorities delegated t~
such officers and that pursuant to such powers, the President has so
authorized a Senior Vice President, who then delegated such authority to
a Vice President; and the following completely and correctly sets forth
the authority currently' delegated by said Vice President to the
Manager _ Corporate Real Estate, now or hereafter appointed:
,
;
,
j
in the Company's name and on its behalf, to execute.
deliver. accept. assign, amend. extend, terminate or release
any instruments or documents. including (without lim!t;:!.ti(lO)
conveyances of properties (real or personal). agreements of
any nature including non-recourse promissory notes and deeds
of trust and mortgages related to such non-recourse notes, but
excluding grants of security interests other than releases and
quitclaim deeds for the purpose of clearing public records of
satisfied security interests; and to execute and de>liver
certificates. returns and reports of any nature, which he may
deem advisable or appropriate in the normal course of the
Corporate Real Estate business of the Purchasing and
Administrative Services Organization of the Company.
."1
.
,
,
It is further certified that
L D. Ellis
is
Manager _ Corporate Real Estate in the Purchasing and Administrative
Services Organization of the Company.
ADM-31
~
IN WITNESS WHEREOF. this certificate is signed and seall"d with
the Company's corporate seal on July 21, 1987.
(/;j;;) ~
/
UNITED STATES OF AMERICA S
STATE OF TEXAS i
COUNTY OF HARRIS S
BEFORE ME, on this day personally came S. J. Paul , to
me known. who being duly sworn, said that he is the Assistant Secretary
of Shell Oil Company. a corporation formed under the laws of the State.
of Delaware. United States of America. and that he knows the seal of the
aforementioned corporation. and he says that he has executed the
aforementioned document as the act and deed of the aforementioned
corporation. for the purposes recited therein And in the capacity
recited therein.
WITNESS my signat:ure and official seal on this the 21st day of
July 1987.
!t;/t:;-
tf'~__ .~
Claudia J. Ga 1S
r~otary Publ ic in and for
of Texas. My Commission
the State
expires 9/15/90.
ADM-31
2
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