1969-728946 `IZUPLSCATE oocur►ENT N". `72894
FILED------ 1111 3 n_�af`cIl
OFFICE CDIF -F"E CITY CLERK
AGREEMENT SAN DJLCiO. CALIFORNIA
TH2S AGREI�QLNT is executed in trip lic.ate by
THE CSTY OF' SAN DSEGO, a municipal corporation, herein
called "San Diego" SANTA FE SRRSGATSON D2STR=CT, an
irrigation district organized under the laws of the
State o£ 0 a1iS'ornd- herein called "Santa Fe" and
SAN DSEGUSTO SRRSGATSON DSSTR2CT, an irrigation district
organized under the laws of the State of California,
herein called "San Dieguito" _ Santa Fe and San Dieguito
are referred to collectively as "Districts" .
REC STA LS
A_ San Diego Santa Fa and San Dieguito entered
into an agreement on December 20, 1956 relating to the
settlement of certain disputes then existing among them
and providing for the rights and duties of the parties to
be enjoyed under the agreement_
B. The December 2O , 1956 agreement was modified
by an agreement between San Diego, San Dieguito and Santa
Fa on April 23, 1963_ Several other agreements. have been
executed by the parties since 19556
C_ As a re suit of changed circumstances, San Diego
desires to se11 ta -Dis-,;ricts �.'rne San Diegui to Reservoir and
Dam iric lud ing the the weir at Lalte Hodges to
the reservoir, the 30-inch wa�.er transmission line originating
at the San Dic-go County Water Authority aqueduct and all
appurtenar_c :s r.c.cassary for the operation of these .facilities.
_ -_ _._ ,:ricts desire to purchase the Facilities
listed in
L_ _�.,,.__ _____.. "o, San Dieguito and Santa Fe desire to
rescind with cert ..in exceptions all previous agreements between
them grid to restate their respective rights under those agree-
ments.
NOW� THEREFORE� in c on s id e rat i on of the r ec i t a1 s
and the mutua 1 ob 1 igat i o n s o f th e par t i e s a s he r e i n ex-
p r e s s e d San Di eg o, San Di egu i t o and Santa Fe agr a e a s
follows
fo 1 1 ow ing w ord s shal 1 have the meaning s
indicated
means w ate r c o 1 1 e c t ed in
Lak e Hodge s f rom any s o urc e o the r than wate r
t r an s p o r t e d through t he San Diego C ounty Wat e r
Authority a que d uc t s.
b_ "Smp o r t e d water" mean.-3 w ate r t ran s p or t ed
- through the San D i e g o C ounty Wat e r Authority
a que duct s
c _ "LJa t e r c o nt r ac t y ear" mean s the p e riod
from Oc t ob e r 1 o f any g iv en year throng h S ep tem-
b e r 3 0 o f the f o 1 1 ow ing y ear_
d _ "Ent i t 1 eme nt" means the quantity of - I
w at e r t o w hic h D i s t r i c t s ar e e n ti t 1 e d by virtu e
c>-E' agreement s w i th o r member ship in the San Diego
Counnty Water Authority_
2 _ San D i e g o� San D i egui to and Santa Fe hereby r e- -
s c i nd a l l p r e vi ou s ag r e em_a nt s b etw e en them and s p ec ifi cal 1y
abrogate s e t a s id e and nu 1 1 ify a l l the i t r e s p e c t ive right s
and e r s uc h agr e ement s exc e p t that c e rt ain agreement ent i t 1 ed
"Agreement Respecting Bi 1 1 i ng and Payment fo r Wa.te r De 1i ve r ed
to O 1iv e nhain Mi-xrn i.c ipa 1 Wat e r D i s t ri c t Through the Fac i 1 i ti e s
o f San D i e gui t o 2r r i gat i o n District" ex scut e d on Apri 1 a-3-,
2-967 by the San D i eg o County Wat e r Authority th e O 1 ive nha in
Municipal Wat e r D i s tr is t and San D i eguito and c ons ent e d to
by San Diego, which agreement i s in
2 .
t o Sari Di a gui t o as t o an and iv i de d 42-21,Z3%- ms t anent s in
c ommon. upon re c aip t by S an Di ego o f a ai a f i ra t ina t ailment
San Diego at the t ima a si d c onv a yanc e i s made she]..].. furnish
District s a c ov er eLrxt or guarant e e duly axe cut a d by San Di e g o
by which S an Diego wa.rrarnt s t i tl e -to all s ai d fac i t it i e a t o
'be in District s fre a o f any ancumbranc e s V and ag=e a s at i t s
own expenses to defend said title agairxst any claim of -third
persons, and t o re imbur s e District a for any 1 o s s a s they may
sustain as a re su1 t c3-:E any d e f e c t in t i t1 e.
5. S an Diego w3.1 1 s e1.1 t o District s all 1 o c a1 water
c o11 a c t e d in 2.aKa Hodge s iF s aid water i s requested by :DI-F3—p=6vic1ecl that 1oca1 water in S.a.]sa Hodges may, ba sold
by San Di ego t o any o the r p e=a on, Firm c o rp o rat i on o r
agency if the following coxnditiox2a exist
a. T here :Los c ontained in =sake Bodge s at
the t ima wet ar i s d e 1iv ere d t o such o ther
entity a quantity o i' 1 o c a1 water in exc a s s of
the quart 3ity C i t y i s ra quire d t o furnish Di s-
tric t a f or the remainder o f the water year
during which such male i s t o b e made; aricl
b. There wi11. be in storage in Twice
Hodges availabl a for the exclus iv a us a of
District s at the end of a aid water year no t
l e s s than a.300 acre X494---b o i' us ab1 a water; and
c. Said water i s put t o bane fic ia1 u s@
by the purchas a r.
- San Diego may also release water from Tsa7ie Hodges
in amerg enc y t o prevent or r e duc e f1 0 od or threat o f f1 0 o d clamaga.
6. Di a tri c t s wit 1 purchase v t o me e t their requirement s
1 o c a1 water c o11 a c t e d in =.alce Hodge a s o 1 ong as the quality o f
such 10 c a1 wet B= i a as c ep t ab1 e t o the San Di ago C oua-t y Ha0L1 th
4.
3. San Diego wi11 cornvey to Districts ELMM its
right t i t l e and int B r e s t in and to e
a. San Di e gait o Reservoir and Dam.
b. The conduit from the weir at -r ml-,e
Hodges to the San Dieguito Reservoir.
c_ Th e 3 O-inc h wat e r Iran smi s s ion lirie
fro m th e San Diego C ounty Wate r Authority
aqueduct_
d Al 1 appurtenance s to the £o re go frig
fac i 1 it i e s_ -
e_ A 1 1 r e a1 e s to t o and easement s necessary
fo r the op e r at i o n o f the foregoing fac i 1 it i e s .
p o s s e s s e d or ow ne d by Sari D i eg o_
A legal description of the foregoinng facilities
is contained in Exhibit A attached to this agreement wkiich is
hereby incorporate d herein a s i£ s e t £o rth in fu 1 1 3 s aid
f ac i 13 t i e s ar e a l s o d e l in e at e d i n tlz e d raw ing attac lied to
thi s agreement a s Exhib i t B whi c h :Ls her eb y incorporated here in. -
S n the e vent o f a c on£1 i c t b e tw e en the 1e ga l d e s c rip t ion c on-
tame d in Exhibit A and the d e 1 ine at i on c ontained in Exhib i t :B,
the 1 ega.l d e s c r ipt ion s hat 1 B o v e rn
4_ District s w i 1 1 pay to San Di ego for the fac i lit i e s
l i s t e d in paragraph 3 a t o to 1 purc ha s e p ric e o£ $2-39,400-00-
The purchase money is payable in ten a.rxrnua.l instollmernts wit21-
out int B r e s t in the amourit o£ $a-3,940- 00- As i t s s bare (:3,:r
each a.rnrnua.l Fe wi11. pay $7,992.27 and San
Di egui to £its t s u c h in s to llment :La
d u e and p ayab 1 e upon -th e execution of th i s agreement and sub-
s e que nt in s to 1 lment s ar e d ue and payab 1 e annua 1 1y the r eafte r
on th e anniversary d a t e o£ 'thi s agreement. Al 1 such fac i i i ti e s
m ha 1 1 b e c onve y e d t o Santa Fe a s t o an undivided 57-1/3;6 and
3-
O ffic e r fo r d ome s t i c c on s ump t i on of t e r c oagulat i on and
fi 1 t rat i on.
7_ San Di eg o w i 1 1 d a live r a t o to 1 quantity o f at
1 ea s-t 20,000 ac r e f e e t o f 1oc a1 water t o District s d uri ng
each "ten-year period" d wring the term o f thi s agreement.
The f i r s t s uc h "ten-y ear p e ri od" actual 1y c ontain s 1 O-'g years�
and wi 1 1 t e rminat e w i th the end of th a wets r year expiring
on September 30, 1979_ Each subsequent 10-
3rear p e r i od w i 1 1
contain 2-0 years_ 2f the qua 1 i ty of 10 c a1 water b ec ome s -
unac c eptab 1 e t o th a San D i ego County Health Off is e r fo r
domestic c o n sump ti on of t e r c oagu tat ion and f i ltrati on ox- i f
no 1oca1 water is available in Lalte Hodges for delivery to
Di s tr is i s San D i ego w i 1 1 sup p 1y wet e r f rom a 1t e mate source s
wl-iich shall be of a quality acceptable to 'the San Diego Courity
Health Officer after coagulation and f filtration.
8_ Sn addition to Districts ' erititlemc�rit to wELter
t ran s p o rt ed thro ugh th e San Diego County Wa t e r Authority 's
aqueduct s San Diego upon r e que s t of Districts w 1 1 1 furnish
Districts a total quantity durinng each water year of 7o500
ac r e fee t o f 10 c a 1 o r imported water of a qua 1 i ty ac c ep tab 1e
t o the San Diego County Health Officer fo r d ome s tic c on sumption
after c oagu tat i on and
9_ District s shal 1 pay San D 1 ego for a 11 1oc a 1
wat e r at th e rate c>--c $2-0 p e r acre foot. which p r is a rep re-
s Brit s th a current c o s t p e r ac r e f oot to San Diego of operating
.and. maintaining T alts Hodges fine 1ud ing d epr e c fiat i on c alcu 1a ted
o n the s t refight 13ne method _ Said p r is e she 1 1 remain a ffe c ti ve
through the f i r s t t en-year period of the term o f thi s agree-
merit, th e end of wh i c h p e riod c o inC id e s w ith the end o f the .
wet e r year expiring o n S ep t emb e r 3 0, 1979. On or prior t o
the end of s aid firs t p e r i od and the end of each succeeding
5_
ten-year p e ri od p r i or t o the expiration o£ th a t o rm o£ thi s
agreement� th e amount payab 1 e b y District s t o San Diego p e r
ac r e Foo t fo r 1 o c a 1 w at e r d ur i ng the s uc c e e d i ng ten-year
p e ri od s ha 1 1 b e c a 1c u tat ed _ The c o a t pe r ac r e fo o f p ayab 1e
during eac h par t i c u tar succeeding t en-yea r p era od sha 1 1 b e
determined by dividirng the total number of acre feet of 1oca1
wat e r s o 1d by San Diego d ur ing the immediate 1y p receding t e n-
year p e r i od by the t of a 1 c o s t o£ op a ration and mainte narnc a of
=.a.lce Hodges during said fen-year period, irncluding depreciation
c a 1c ulat ed on the st sigh t 1 ine method_ Fo r purpose s of ca 1c u tat-
ing d ep re c iat i on the p resent d ep re c i ate d va 1ue o£ Lal¢e Hodge s
i s agreed t o b e $3 07 093_ San D i eg o a kia1 1 peep ac c carat e
record s of a1 1 c o s t s whi c h it incur s related t o La.lce. Hodge s
and o£ a.1 1 1oc a 1 wat e r s old 1,c> o the r s than Districts, wh i c h
record s s ha 1 1 b e a.va.i lab 1 e at a l l r ea s onab 1e times fo r in sp ec- _
i
tion by scat ho r a z e d r epr e s e ntat ive s of District s
10_ Districts wi11 pay for imported water furrnisPied
by San D i eg o -to D i s fr a c t s at the rat a e s tab 1i shed by the San
y y, irncludirng rebates i£ applicable \ -
Diego C ournf Wat e r Au th o r i t
a
in e ff e c t at the t ime o£ d e 1 ive ry p r ovid ed, how ever, that in
the event durirng any given ten-year period as above defamed \
at least 20,000 acre feet of 1oca1 water are not delivered by j
San 3D3 eg o -t-c> D i s t ric i s San Di ego s hat 1 e i the r (a) d e l ive r t o
D i s t r i ct s at 10 c a1 w ate r rate s a s s p e c i£i ed in p a ragraph 9
above an amount of imported water equal to the difference
between the amount c>--C 10 c a1 water d e livered to D i s t ric i s d wr-
ing s aid t en-year p er i od and :20.000 -ac r e f'e e t. which quantity
is hereinafter referred to as the "deficiency Water"" or (b) if
the D i s t r i c t s e l e c t t c> pure ha s e said d e fic ie rncy water d ire c t 1y
from the San D i eg o C ournty Water Authority San Diego w 1 1 1 re im-
bur s e tkie D i s tr a c t s £o r the d iffe rene e b etw a en the amount paid
6.
by the Districts to the San Diego County Water Authority for
said deficiency water and the price which would have been paid
by Districts to San Diego for said deficiency water if it had
been ,delivered by San Diego to Districts.
11. Santa Fe shall be entitled to receive 57-1/3%
and San Dieguito shall be entitled to receive 42-2/3% of the
first 7,500 acre feet of water furnished in any given water
year pursuant to this agreement. If an amount in excess of
7,500 acre feet of water is furnished to Districts within any
given year, each District shall be entitled to receive fifty
percent. of such excess. Santa Fe shall receive 57-1/3% and
San Dieguito shall receive 42-2/3% of the 20,000 acre feet of
water which City is obligated to furnish during any given
ten-year period at local water prices. San Diego shall have !
no responsibility or obligation as between the Districts to
meter or allocate water furnished to Districts or to other-
wise insure that there has been compliance with the provisions
contained in this paragraph,.
12. Districts shall determine the rates of delivery
of water pursuant to this agreement in order to meet their
respective requirements and to discharge their obligation to
provide potable water to their respective customers.
13. Measurement and delivery of water by San Diego
to Districts shall be as follows :
a. At the weir at the head of the open
conduit immediately downstream from Lake Hodges
Dam as shown on Exhibit B, hereinafter referred I
to as "the weir" ; and
b. At the meter at the San Dieguito-Santa Fe
connection to the San Diego County Water Authority
aqueduct as shown on Exhibit B, hereinafter re-
ferred to as "the meter" ,
7.
San Diego shall at its own expense maintain the
weir in as good condition and repair at all times as is possible
by the exercise of ordinary care. Each District shall have
the right to inspect the weir and to test it for accuracy with
the representative of San Diego at any time during business I
hours and the r ' !
right, if it shall so desire, to have a repre-
sentative present at any test or reading of said weir by San
Diego.
The Districts shall at their own expense maintain
the meter in as good condition and repair as is possible by
the exercise of ordinary care. San Diego shall have the right
to inspect said meter and to test it for accuracy with a
representative of Districts at any time during business hours,
and the right if it shall so desire to have a representative
present at any test or reading of said meter by Districts.
14. San Diego shall bill each District monthly for
water supplied by San Diego to such District through the weir
during the preceding calendar month. Each District shall pay
to San Diego the amount due San Diego for water so furnished
such District within ten (10) days after receipt of such bill.
Water furnished to the Districts through the meter
shall be billed to Districts by the San Diego County Water
Authority and Districts shall pay the Water Authority directly
for such water.
15. San Diego will operate all of its facilities,
and shall require the operation of all facilities over which
San Diego exercises control or influence, in such a manner
that any local or imported water collected in Lake Hodges shall
conform to the requirements of the "Water Quality Control Policy•
for the San Dieguito River above its Tidal Prism" as published
by the San Diego Regional Water Quality Control Board, includ-
ing amendments which. may be made thereto from time to time.
8.
San Diego will use its best efforts to insure that polluted
water from any source is not collected in Lake Hodges.
16. San Diego will cooperate with Districts in all
possible and practical ways to provide for the maintenance
and improvement of the quality of all water collected in Lake
Hodges including, if feasible, providing pretreatment of such
water. Districts will reimburse San Diego for costs incurred
by it in taking any specific action requested by Districts,
or undertaken by San Diego after consultation with Districts
and with their express approval.
17. The right of the Districts to purchase 7,500 acre
feet of water from San Diego each year over and above their
entitlements to water from the San Diego County Water Authority,
and the obligation of San Diego to furnish said water, is a pro-
perty right which was purchased by the Districts for valuable
consideration, including the abrogation of rights under previous
agreements, some of which were executed prior to the acquisition
of Lake Hodges and the San Dieguito Dam by San Diego and the
construction by San Diego of Sutherland Dam, and said right is
hereby expressly reaffirmed as a perpetual right vested in Dis-
tricts. All other provisions of this agrement shall expire
September 30, 2019.
18. If any provision of this contract shall for any
reason be held illegal or ultra vires as to San Diego, the
remaining portions of this contract shall at the option of
either District remain in full force and effect as to San
Diego and such District; if any provision of this contract
shall for any reason be held illegal or ultra vires as to
either District, the remaining portions of this contract shall
at the option of San Diego remain in full force and effect as
to such District and San Diego. If this contract shall be held
I
9•
illegal or ultra vires in its entirety as to any party, then
the contracts heretofore existing between the parties hereto
shall continue in full force and effect as if this contract had
never been executed, and none of the rights of any party hereto
shall be in any manner affected by the execution of this con-
tract.
19. Each party hereto agrees to execute such further
documents as may be necessary to carry out the purposes and
intent hereof.
20. This agreement shall be effective April 1, 1969.
IN WITNESS WHEREOF, this agreement is executed by
The City of. San Diego, acting by and through its City Manager,
pursuant to Resolution No. 1.974'-9 of the City Council,
authorizing such execution; and by Santa Fe and San Dieguito
by their officers thereunto duly authorized by resolutions
of the respective Boards of Directors.
DATED: This day f May, 169.
THE 4 -,,S 0
\ By
na e
SANT FE IRRIGATION DISTRICT
res en
AT EST s
Secretary
SAN D)EGII 0 IRRIGAT N DISTRICT
By _ C
residers
ATTEST APPROVED as
to form by JOHN W. T, C. torney
OF
Secretary -By . .
A sist nt City At rney
10.
A11 the rigi-�ts, priv3.l eggs, Eas emer_ts, and re:a1 property, lying and
bz3.ng in thc_ Cou_^_ty oP San Diego, Statc oE Cali£ornia_ Particularly
A porn-on of t'-iat cert_a in water conduit known as the "Lake Hodges Canal"
commencing in tYie SoutY-least quarter (SE 1/4) of the Northwest qu artzr
(Z4W 1/4) of Section Eighteen (1S) , Towrzsh ip Thirteen (13) South, Ran e
g
Two (2) West, S_B_M_ running tl-.ance in a general Westerly direction to -
th e San D i e gu i to Reservoir s i to at a d i n Lot Four (4) o f B 7_o cic Four (4) o f -
thz S'u7-,3ivis ion of tYie Rancho Santa Fz as par map t7-iereo£ filed in the
o f fi c z o f the County Rec o r d e r o f San Diego County, C a1 i fo rn i a, on
De c emb a r 2 8,
:,S)22, and numbered 3_7Z12,
t o g e t h e r with the appu rt e n an c z s
- there-unto bal onging or in anywise appertaining; together wi tl-i
A11 the rigizts, privileges and eas ernents acquirzd under and by virtue
o f tha t c z rt a i.n d o c uman t, permi t o r app r o v a 1 i s s u e d by th e D ep a r.-amen t o f
the terior, General Land Office, Washington, under datz o£ Szp teniY�er 13,
1 9 1 6, and s i g r.^d by D_K_ Parrott, Acting Assistant Commissioner, wYa i ch '
s a i d do c un�e n t, p a rm i t o r app ro va 1 approved tYz e map f i 1.e d by E d F 1 e t ch e r i n
connection with his application for a right o f way for a ditch u^d z r th e
provisions of the Z-�ct of March 3, 1891, (2 Stat_ 109Sj and Sec .ion 2
o f the F c t o f May 1 1, 1 8 9 6 (3 0 S tat_ 4 04) , b zg i nn i ncg a t a po i n t i n Sec t ion
r.igt:taen (13) Township Thirte=en (13) South, Ran
g e Two (2) Wzst,
th en c a �c ro s s un s u rvey z d said Section P:i gh to e n (1 8) and surveyed Section s
Thirteen (13) Fourteen (14) , Twenty-Two (22) and Twenty-Three (23) ,
of Towris2-lip Tl-ii-r-t.een (13) South, Ranges TlZrze (3j Wast, S_B_M_ terminating
at the eastern boundary o f San D i e gu i t o Rancho; and a1 1 rights,p r i v i l e g e s
ar.d e a s amen i s a cquired und e r and b y v i r to e o f s a
La map s o app rov z d a s
a fo r z s a i d_
Parcel 1 Lo_ Four (4) in Block Four (4) of Subdi v�_s ion of Razz cl->o Santa
n t-a-,c San Diego, State o f California, - a c c o rd i n g to map
thereof no_ .-_742, filed .i.n the office of the County Recorder o£ San
Diego C oun;_y. Dc c emb z r
2S, _L922
-
- Subj act, i_owe=-�rar, to
- (a) '_'h e r 3.gh t to install, maintain and operate wires for the trans-
missio_-i c zee-:=ric cu rrznt as gran-ced by the Santa Fe Land Smprovemznt
C omp ar_y, c c rp o r a t i on, to San Diego C on s o 1 i d a t e d Gas and E l e c t r i c Company,
a corpor�:c'_oii, by an instru eYnant dated S ember 21, 1922, and recorded
i n Book H� ;, page 3 4 0 o f Deeds, on i i 1 z i n the office o f the County
Rz c o r de r c f San Di ego County, C a l i fo rn d-
a_ -
(b) e =rms and provisions o f that certain a fir e emz n t ma d e a n d
entered i�=tc :gin ,SU r_e 20, 1924, by and between San Dieguito Mutual Water
Comp ahy, r_ corgi>ora I--j- an c3 Santa Fa IE igat ion District, a corporation,
and re c c r c:a d i n Book 6 6, page 3 3,-: o f Miscellaneous Records, on f i l e i n
the office o f the County Recorder o f San Diego County, C a l i fo rn J_a_
(c) The right to maintain and operate water pipe lines, together
with the right of way necessary therefore, and the right of ingress and
egress to and from said pipe lines as granted by San Dieguito Mutual
Water Company, a corporation, to Santa Fe Irrigation District, a corpor-
ation, by an instrument dated June 20, 1924, and recorded in Book 65,
page 338 of Miscellaneous Records, on file in the office of the County
Recorder of San Diego County, California.
(d) ' The right to lay, maintain and operate a water pipe line, and
the right to ingress and egress to and from said pipe line, as granted
by the San Dieguito Mutual Water Company, a corporation, to San Dieguito
Irrigation District, a corporation, by an instrument dated March 26,
1923, and recorded in Book 1086, at page 373, of Deeds, August 4, 1925,
on file in the office of the County Recorder of San Diego County, California.
Parcel 2 - Lot 2, Lot 3, and Portion of Lot 1, all in Block 4 of Sub-
division of Rancho Santa Fe, in the County of San Diego, State of California
according to map thereof N01742 filed in the office of County Recorder of
San Diego County, California, December 28, 1922, and described in that
certain endenture recorded May 20, 1942, in Book 1363, page 219 on file
in the Office of Coun Recorder, San Diego County, California.
Parcel 3 - Lot Two (2) in Block Fourteen (14) and Lot Five (5) in Block
Three (3) of Subdivision of the Rancho Santa Fe as per map thereof filed
in the office of the �County Recorder of San Diego County, California, on
December 28, 1922, and which is numbered 1742, together with the appur-
tenances thereunto belonging or in anywise appertaining.
Subject, however, to (a) a right and easement as granted by San Dieguito
Mutual Water Company,, a corporation, to Santa Fe Irrigation District, a
corporation, by an instrument dated June 20, 1924, recorded June 26,
1924, book 65, page 338, Miscellaneous Records of San Diego County.
(b) The easements and rights for road purposes over that portion
of the property lying within the lines of the roads shown on map of
road survey N0476 and map of relocation of Road survey N0476, San Diego
County Highway. Commission' s survey on file in the office of the county.
Parcel 4 - All that portion of Fractional Section twenty-two (22) , Town-
ship`'Thirteen (13) South, Range Three (3) West, S.B.B.& M. bounded on the
North by the Southerly line of that certain right of way for highway
particularly described in deed recorded in Book 751, page 26 of D(__�ds,
in the office of the Recorder of said San Diego County, and bounded on
the South by the Southerly line of a strip of land twenty-five (25) feet
in width to be used as a conduit right of way, the center line of said
twenty-five (25) foot strip being particularly described as follows :-
Beginning at the north east corner of Section 22, Township thirteen South,
Range three west, thence South Oo 12 ' west, 702 .5 feet to the true point
of beginning; thence south sixty-six (66) degrees fifty-one (51) minutes
West seventy-two and 95/100 (72 .95) feet; thence to the right along a
one hundred (100) foot radius curve thirty and 54/100 (30.54) feet; thence
South eighty-four (84) degrees twenty-one (21) minutes West three hundred
forty-four and 54/100 (344 .54) feet;
thence to the: right along a one hundred twenty (120) foot radius curve
one hundred twenty-four and 27/100 (124 .27) feet thence North thirty-
six (36) degrees nineteen (19) minutes West eighty-three and 92/100
(83.92) feet; thence to the left along a twenty-five (25) foot radius
curve forty-two and 98/100 (42 .98) feet; thence South forty-five (45)
degrees nine (9) minutes West one hundred thirty-six and 54/100 (136.54)
feet; thence to the right along a one hundred (100) foot radius curve one
hundred eighteen and 68/100 (118 .68) feet; thence North sixty-six (66)
degrees fifty-one (51) minutes West one hundred forty-two and 52/100
(142 .52) feet; thence to the left along a fifty (50) foot radius curve
fifty-nine and .05/100 (59 .05) feet; thence South forty-five (45) degrees,
twenty-nine (29) minutes West thirty-one and . 07/100 (31 .07) feet; thence
to the right along a two hundred (200) foot radius curve two hundred ten
and 6/10 (210.6) feet; thence North seventy-four (74) degrees eleven (11)
minutes West Two hundred fifty-eight and 09/100 (258 .09) feet; thence to
the right along a three hundred (300) foot radius curve forty-eight and
87/100 (48 .87) feet; thence North sixty-four (64) degrees fifty-one (51)
minutes West two hundred seventy-five and 71/100 (275.71 feet; thence to
the left along a one hundred (100) foot radius curve sixty-seven and
19/100 (67 .19) feet; thence South seventy-six (76) degrees Thirty-nine
(39) minutes West one hundred thirty-three and 72/100 (133 .72) feet;
thence to the right along a one hundred (100) foot radius curve sixty-six
and 32/100 (66. 32) feet; thence North sixty-five (65) degrees twenty-one
(21) minutes West two hundred forty-four and 56/100 (244.56) feet; thence
to the left along a two hundred (200) foot radius curve forth and 72/100
(40.72) feet; thence North seventy-seven degrees (77) one (01) minute
West two hundred three and 61/100 (203 . 61) feet; thence to the left along
a two hundred (200) foot radius curve thirty-eight and 40/100 (38.40) feet;
thence North eighty-eight (88) degrees one (01) minute West two hundred
twenty-seven and 93/100 (227 .93) feet; thence to the right along a two
hundred (200) foot radius curve twenty-two and 22/100 (22 .22) feet; to a
point on the East line of the Rancho San Dieguito, whence the Northeast
corner of said Rancho bears North four (4) degrees fifty (50) minutes
West three thousand eight and 1/10 (3081 .1) feet; together with
the improvements appurtenances thereunto belonging.
Parcel 5 - A strip of land twenty-five (25) feet in width, the center line
thereof being. coincident with the center line of the conduit known as the
"Lake dodges Canal" as the same was located and constructed on October 1,
1918, upon the ground over and across those certain parcels of land partic-
ularly described as follows : North half (N 1/2) of the Northwest quarter
(NW 1/4) of Section Twenty-three (23, ) Township Thirteen (13) South, Range
Three (3`, We--t, S.B.M. ; said strip of land twenty-five (25) feet in width
having ben granted by the San Diego Water Company unto the City of San
Diego by L-ha}- certain endenture dated November 24, 1939, and recorded
April 1. 1940 in Book 1007 Page 303, Parcel 24G.
Subject, __ow :ver., to all roads dedicated or granted to public use of
public _ :thority, and used by the public as of recordation of this
instrun:.n t.
Parcel 6 - A strip of land 10 feet in width over and across those portions
of the Southeast One-Quarter of the Southwest One-Quarter of Section 14,
and the North One-half of the Northwest One-quarter of Section 23, Town-
ship 13 South, Range 3 West, B.B.B. and ivi; said strip of land lying
northerly of, parallel with; and adjacent to the ,northerly line of 25 foot
right of way conveyed to the City of can Diego by Deed recorded April 1,
1940 in book 1007, Page -303, Official Records, in San Diego County,
California and more particularly described in Parcel No. 24, Items (f)
and (g) of said instrument;. and lying southerly of the southerly right of
way line of County Road Survey No. 476.
Parcel 7 - All the right, title and interest of the City of San Diego
in and to that real' property situated in the South Half (S 1/2) of the
Southwest quarter (SW 1/4) of Section Fourteen (14) , Township Thirteen
(13) South, Range Three (3) West, S.B.M. , San Diego County, California,
as bounded and described as follows :
A strip of land twenty-five (25) feet wide and lying twelve and one-half
(12-1/2) feet on each side of a center line, said center line being
described as follows : Beginning at a point on the East line of said
South half (S 1/2) of the Southwest quarter (SW 1/4) of Section Fourteen
(14) , Township Thirteen (13) South, Range Three (3) West, S.B.M. , bears
South no degrees thirty minutes (0030 ' ) West eleven hundred nineteen and
90/100 (1119.90) feet; thence South fifty-nine (59) degrees one ;1)
minute West Thirty-Three and 02/10C feet (33.02) ; thence along a seventy
foot (70 ft. ) radius curve to the left forth and 56/100 (40.56) feet;
thence South twenty-five (25) degrees, forty-nine (49) minutes West one
hundred seventy-four and 60/100 (174 .60) feet; thence along a one hundred
(100) foct r.:dius curve to the right fifty-four and 92/100 (54 .92) feet;
thence SoL.th fifty-seven (57) degrees seventeen (17) minutes Wec _ one
hundred :`iffy-five and 17/100 (155 .17) feet; thence along a two hundred fifty
foot (2 � ) radius curve to the right two hundred forty-six and 02/100
(246.02) zec--; thence North Sixty-five (65) degrees fifty-seven (57)
minutes ;st cwo (2) feet; thence North sixty-six (66) degrees twenty-
three (231; minutes West fifteen and 86/100 (15 .86) feet; thence North
sixty-s,'_:': (66; degrees fifty-one (5l) minutes West one hundred twenty-five
feet (123 ft. ) ; thence North sixth-six (66) degrees twenty-three minutes (23 ' )
West twenty-your and 42/100 (24 .42) feet; thence along a twenty-five (25)
foot radius curve to the left forty-five and 83/100 (45 .83) feet: thence
South eight '8) degrees Thirty-five (35) minutes West twenty-nine and
75/100 (25 :75) feet; thence South twelve (12) degrees one (01) minute West
twenty-five and 04/100 (25 . 04) feet; thence South eight {8) degre.. 6 thirty-
five (35) minutes West one hundred (100) feet; thence South five ;5) de-
grees r.j,.e (09) minutes West
Subject, '-,owt.ver, to the easements and rights granted to the Cou_-.-Cy of
San Diegu for road puposes over that portion of the property described
in deed of r`cord in book 705 page 78 of deeds in the office of ;r:e County
Recorder, Sa Diego County.
Parcel 8 - The right or easement to construct, operate and maintain a
conduit for the purposes of conducting, transmitting, distributing and
conveying water through, over and across that certain real property
particularly described as follows : The Southwest quarter (SW 1/4) of
the Northwest quarter (NW 1/4) of Section Thirteen (13) , and the South
half (S 1/2) of the Northeast quarter (NW 1/4) of Section Fourteen (14) ,
Township Thirteen (13) South, Range Three (3) West, S .B.M. , to the extent
that a conduit for said or any of said purposes has been constructed,
maintained and/or operated in the past.
Parcel 9 - (e) A strip of land twenty-five (25) feet in width, the center
line thereof being coincident with the center line of the conduit known
as the "Lake Hodges Canal" as the same was located and constructed on
October 1, 1918, and upon the ground over and across those certain parcels
of land particularly described as follows : The North half (N 1/2) of the
Southeast quarter (SE 1/4) , and the Southwest quarter (SW 1/4) of the
Southeast quarter (SE 1/4) , of Section Fourteen (14) , Township Thirteen
(13) South, Range Three (3) West, S .B.M. , said strip -of land twenty-five
(25) feet in width having been granted by Ed Fletcher and Mary C. B.
Fletcher, his wife, to San Dieguito Mutual Water Company by that certain
indenture dated October 1, 1918, and recorded December 10, 1 0.18, in book
770 of Deeds at page 73, Official Records of San Diego County, California,
together with the improvements thereon and appurtenances thereunto belong-
ing.
Parcel 1C - A strip of land twenty-five (25) feet in width, the center line
thereof tieing coincident with the center line of the conduit known as
the "Lak=� Hoc:ges Canal" as the same was located and constructed on
October upon the ground over and across those certain parcels
of land .3ar .icularl-- described as follows :
The Nort`l:east quarter (NE 1/4) of the Southeast quarter (SE -- /4, ,
the Nort. we:_ quarter (NW 1/4) of the Southeast quarter (SE i/4` ,
and the or .`� half (N 1/2) of the Southwest quarter (SW 1/4) of
Section Thirteen (13) , Township Thirteen (13) South, Range T'riree
(3) West, S .B.M. ; said strip of land twenty-five (25) feet in w°iuth
laving been granted by William G. Henshaw and Hetty T. Henshaw, is wife,
unto San Dic-guito Mutual Water Company by that certain ender_ture dated
October -918, and recorded December 10, 1918, in Book 770 of Deeds
at Page 74, Official Records of San Diego County, California. together
with improvements thereon and appurtenances thereunto belor_:xyng.
Twenty- :ve a _d 04/100 (25 .04) feet; thence South eight (8) z9eare-es
thirty- . ve (35) minutes west sixty-n--ne and 45/100 (69.45) -eet; thence
along .-_ evep t.� (70) foot radius c.- ry to the right seventy and -:1/100
(70 .41 , ::hence South sixty-s.-;.-,c ;'6) degrees thirteen (13) autes
West nlrety fiva and 62/100 feet (95 . c. ) ; thence along a one hu'_ . red
(100) ocz radius curve to the right _,orty-one and 02/10C (41 . 0< ; feet;
thence ^utr. eighty-nine (89) degrees forty-three (43) minLtes tivost
sixty-s x a d 25/100 (66.25) feet; thence along a seventy ;70) foot
radius ,rv- to the right eorty-six and 43/100 (46.43) feet; th�.,ce
North f.__'ty--two (52) degrees seventeen (17) minutes West sixty-two and
46/100 '02 .46) feet; thence along a twenty (20) foot rack us curve to the
left fifty-five and 73/100 (55.73) feet; thence South thirty-one (31)
degrees, fifty-seven (57) minutes East fifty-four and 73/10C (54 .73)
feet; thence along a three hundred (300) foot radius curve to the left -
forty-six and 25/100 (46.25) ' feet; thence South forty (40) degrees forty-
seven (47) minutes East eighty-one and 45/100 (81 .45) feet; thence along
a one hundred (100) foot radius curve to the right eighty-seven and 38/100
(87 .38) feet; thence South nine degrees (90) seventeen (17) minutes West
thirty and 67/100 (30.67) feet; thence along a one hundred (100) foot
radius curve to the right sixty-one and 78/100 (61 .78) feet; thence South
forty-four (44) degrees forty-one (41) minutes West five and 24/100 (5 .24)
feet; thence South forty-one (41) degrees forty-nine (49) min;.tes West
two hundred twenty-five (225) feet; thence South thirty-nine (39) degrees
thirty-nine (39) minutes West thirteen (13) feet; thence South forty-one
degrees (410) forty-nine (49) minutes West eighty-two one hundredths
( .82) feet, said point being on the South line of the southwest quarter
of Section Fourteen (14) , Township Thirteen (13) South, Range Three (3)
West, S.B.M. , from whence section corner common to Sections Fourteen (14) ,
Fifteen (15) , Twenty-two (22) and Twenty-three (23) bears North eighty-nine
(89) degrees forty-two (42) minutes West fifteen hundred and elven and
10/100 (1511.10) feet; together with the improvements thereon and appur-
tenances thereunto belonging.
Parcel 11 - The easements for purpose of right of way for an access road
and incidents thereto, through our and under, along and across ail that
real property situated in the South East quarterof Section 4 and the
Southeast quarter of Section 14, Township 13 South, Range 3 West S.B.B.
& M. , Granted to the City of San Diego by Charles W. Harris and Eliza-
beth Harris and described in instrument recorded April 9, 1952, O.R. 4429
Page 434 in the office of the County Recorder, San Diego County.
Parcel 12 - A strip of land 10 feet in width over and across that portion
of the Northeast One-quarter of the Southeast One-quarter of Section 13,
Township 13 South, Range 3 West, S .B.B. and M; said strip of land lying
southerly of, parallel with, and adjacent to the southerly line of 25
foot right of way conveyed to the City of San Diego by Deed recorded
April 1, 1940, in Book 1007, Page 303 of Official Records in San Diego
County, California and more particularly described in Parcel No. 24, Item
(c) of said instrument; and lying southerly of the southerly right of way
line of county road survey No. 476.
Parcel 1-3 - A parcel of land in the southeast One-quarter of the South-
west One-aaarter of Section 14, Township 13 South, Range 3 West, S.B.B.
and M. lying northerly of the northerly right of way line of County Road
Survey No. 476 and southerly of the southerly line of the 25 foot right
of way convc',red to the City of San Diego by Deed recorded April 1, 1940
in Book 1)07, Page 303, Official Records in San Diego County, Ca:" : ornia
and' des :_-: _bed in Parcel No. 24, Item (f) of said instrument; laic: parcel
of land boring more particularly described as follows:
Beginning at a point on the northerly right of way line of said County
Road Sur, :: y r ,�. 476 at Engineers Station 451 + 65 .25 ; thence Sou-,-,,,.
64038 ` West along the said northerly right of way line of County goad
Survey No. 4706 a distance of 125 feet; thence North 25022 " West at
right angles to said County Road Survey a distance of 80.45 feet more
or less to an intersection with the southerly right of way line of
said 25 foot right of way conveyed to the City of San Diego; thence
southeasterly and easterly along the said southerly right of way line
to a point which is North 20022 ' West, 26. 50 feet more or less from the
point of beginning; thence South 25022 ' East, 26.50 feet more or less
to the point of beginning.
Parcel 14 - A strip of land 10 feet in width over and across those
portions of the North One-half of the South One-half of Section 13, the
Southeast One-quarter, of Section 14, and the southeast One-quarter of
the Southwest One-quarter of Section 14, all in Township 13 South, Range
3 West, S .B.B. and M; said strip of land lying southerly of, parallel
with, and adjacent to the southerly line of 25 foot right of way conveyed
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 more
particularly described in Parcel No. 24, Items (c) , (d) , (e) , (f) , of
said instrument; and lying northerly of the northerly right of way line
of County Road Survey No. 476.
Parcel 15 - A parcel of land in the Southeast Quarter of Section -4,
Township 13. S:)uth, Range 3 West, S .B.B. and M. lying southerly of the
southerly line of the 25 foot right of way conveyed to The City ;z
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, Item (e) of said instrument; said parcel of land being described
as follows:
Beginning 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 po='_nt on the
northerly right of way line of County Road Survey No. 476; thence leaving
said County Road Survey No. 476 on a line which bears 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 central angle of 4303130"
a distance of 113 .16 feet to the end of said curve; thence North 36019 ' 30"
West tan, ent to last described curve a distance c-= 54 . 24 fee;: to the
beginning of tangent curve to the right with a radius of i0G Beet; thence
along the arc of said curve through a central angle of 3205: ' 30" a
distance of 57 .58 feet to the . end of said curve; thence North 3020' West
tangent zo last described curve a distance of 113.56 feet to a point;
thence continuing North 3020 ' West, 105 .90 feet to a point; :pence South
73014 ' 30" West, 38.07 feet to the true point of beginning; r_ -.ence North
16045 ' 30" West at right angles to last described course a di.szan:.e of
58 feet .ore or less to an intersection; with the southerly li:.e f said
25 foot ._gh : of way conveyed to The C-- y of San Diego; `her. _ ::: i- s zerly
along sa .a southerly line of 25 foot right of Kay Lo apo_ nt ...ich is
North 160"-.5 ' 30" West from true point of beginning; thence Soi.th 16045 ' 30"
East, a distance of 68 feet more or less to the true point of beginning.
Parcel 16 - The right or easement to construct, operate and maintain a
conduit for the purposes of conducting, transmitting, distributing and
conveying water through, over and across that certain real property
particularly described asfollows :
The southwes t 1/4 of the Xorthwest 1/4 ;:he Soul .. . e�-z -/4, of
Eighteen (1S) , Township lh-rteen _ �) .. � Ran,',c: 'D � � y��t, ;.M.
to the extent that a conauit for said, r any of sa-- hc's been
constructed, maintained, and/or operatedin the past.
RESOLUTION No_ t-- 4'74LA-
Adopted on JUL 8 1969
BE IT RESOLVED, by rha Council of The C_-icy of San Diego as fallow s:
That the City Manager be and he is Ylereby authorized
and empowered to enter into an agreement with. SANTA FE
TRRTGATION DTSTRTCT and SAN D2ECU2T0 TRR=CATTON DTSTIZTCT -
- pertaining to th.e acquisition by th.e districts of S-an
Dieguito Dam and Reservoir and th.e Hodges-San Dieguito
conduit and also relating to the delivery o£ water by
the City to the districts under certain conditions
under the terms and conditions set Eortrl in the Eorm of
agreement on file in the office of the City Clerk as
Document No_ '72 L•3F'i:91 -
APPROVED_ JOHN w TT ty 'F. 3r
rian Ne an-Craw or , Deputy
B.TN-C-K
7-2-69
Passed and adopted by The Council of The C--icy of San Diego on ______________________JUL 8 1969 ,
by the following vote:
Councilman Yeas Nays Excused Absent
Halan Cobb �✓� Q Q - Q
Sam T- Loftin Q O O fly y L- Landc Q
Leon L_ Williams O
Floyd L- Morrow O
Bob Martinet Q Q
Allan Hitch O O
Mike Schaefer
Mayor Frank Curran
S HER�+13Y CFLRTSFY -tha-t t22B above a, TH EN TICA TED BY. FRANK CURAAN
f OTC�01ri�' 1.�: c]. 2'U1Z t -C 1 Ut-' ariC�. COT'Z-�C� Mryi-or o£The C_ty of Sary Diego, [_'sili£c�rnia .
copy o� RED; ;ozuzzc�zT !:C)-------_]=y`74�9--- <seal>
� _ <, , C-.n,l Co rr±ia�
JOHN LOCKWOOD
2].SSQ O DX t' JUL O 1969��C1� O� City OIa k of The City of San Diego, Cali YOrnia.
JOHN LO==KWOOP, City Clerk
ELFA F_ kIAMEL
Deput-
Foati± eG-12E5-re (i_69)