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1950-308713563 !}4 X62 This indenture entered into between Alexander Lux and Amelia C. Lux, husband and wife, of the County of San Liego, State of California, as grantors, and San Dieguito Irrigation District, an irrigation district organized and existing under and by virtue of the laws of the State of California, as grantee, WITNESSETH: That in consideration of the covenants on the part of the San Dieguito Irrigation District, said grantee, hereinafter con- tained, said grantors do by these presents grant unto said San Dieguito Irrigation District, its successors and assigns, an ex- clusive and permanent easement of right -of -way in, upon, over and across the lands hereinafter described, for the purpose of locating, relocating, constructing, reconstructing, maintaining, operating, inspecting and repairing d==T line i e= �? and all fixtures and appurtenances incidental thereto for use in con- nection therewith, for the transmission and distribution of water and all uses and purposes incidental thereto, together with the right of ingress thereto and egress therefrom, to and along said right -of -way, together with the right to clear and keep clear said right -of -way from buildings, structures, explosl�res, trees, and other material or growths detrimental to the uses herein granted. Said right of ingress and egress to be exercised with the least possible detriment and inconvenience to the lands so used, and any damage to growing crops caused thereby, to be compensated for by said District. The lands in which such easement of right -of -way is hereby granted are situated in the County of San Diego, State of Cali- fornia, and particularly described as follows, to wit: Portion of the Northwest Quarter'bf the Southeast Quarter of Section 26 as described in deed to Alexander Lux and Amelia Lux, husband and recorded August 27, 1934, in Book 1795, page 375 of Deeds, in Township 13 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved April 19 1881. The route of said easement of right -of -way across the afore- said lands shall be as follows: -lm k Beginning at a point on the Northerly line of said North- we8t Quarter of the Southeast Quarter distant thereon North 89 25 West 30.47 feet from the Northeast corner of said Quarter, Quarter; said point being on a curve concave North- westerly having a radius of 343 feet, from which point a line radial to said curve bears South 55 49r 5 1" East; thence Southwesterly along said curve a distance of 255.46 feet; thence tangent to said curve South 76 501 30" West 6 .39 feet to the beginning of a"ta.ngent' cur ve concave South- easterly having a radius of 589.28 feet; thencg Southwesterly along said cu ve through a central angle of 17 21 a dis- tapce of 1780 feet; thence tangent to said curve South 59 291 30" Nest 187.24 feet to the beginning of a tangent curve concave Northwesterly having a radius of 1010 feet; thence Southwesterly along said curve through a central angle of 40 40► a distance of 82.26 feet; thence tangent to said curve South 64 091 30" West 361.17 feet to a point on the Westerly line of said land described in said deed to Lux above referred to, said point being distant thereon South 7 55' East 512.56 feet from the East and West center line of said Section 26. In consideration whereof said San Dieguito Irrigation District hereby agrees to furnish to said grantors or their successors in interest in the land traversed by said right -of -way, the perpetual right to the use of water from its system at points of its line over said land to the extent of not to exceed One Thousand (1,000) gallons per day for domestic use and stock water at the same rates and under the same regulations established from time to time for like uses and purposes within said district. But if for any reason within the control of the grantee, said grantee shall fail to furnish, or continue to furnish, water as above provided, it hereby agrees to pay to said grantors, or their va CdT� successors in interest in said land, the sum of Five Hundred Dollars ($500.00) as consideration for said right -of -way, and as indemnity for expenses incurred in utilizing said water. It is expressly agreed that the grantors shall have the right, at their own risk, to use the surface of the right- hereby granted, for agricultural uses except for the planting and growing of trees; and the right to cross or make use of the surface in a manner not detrimental to the installation, construction, operation, inspection, repair, maintenance and replacement of a pipe line or pipe lines, or to any other purposes and uses as are or may be nec- essary or incidental to the construction, maintenance and operation of the granteees proposed pipe line gwEipft - A. . -2- And the grantors hereby agree for themselves, their successors C or assigns, that they will not plant trees or construct or cause 9 to be constructed and maintained any buildings or structures of any qe nature or kind within ten feet of said pipe line; or store or permit to be stored or use upon said right -of -way any blasting supplies Ca or explosives commonly used for blasting purposes. And the grantee hereby agrees that it will avoid unreasonable interference with the use by grantors and their successors of said right -of -way, and agrees not to fence the same, and agrees that the grantors may enjoy the surface use of the land herein described, subject to the conditions above stated; and agrees to permit the installation by the grantors of water pipes reasonably required for grantors' use on their said property over and across the right - of -way in a manner which will not interfere with the grantee's pipe lines and operations, provided, if the location is to be under grantee's pipe line, it must be installed subject to gran - tee's supervision and approval, and the grantee agrees, after the installation of its pipe lines, to restore the surface grade above the pipe to as near the original elevation as practicable. All present installed utilities will be interfered with as little as possible and if interrupted, will be promptly restored to use at the expense of the grantee. WITNESS © O hands this day of 19500 VA N oIEGuiro 1RR1GPT1QW O.J*_J JEn 5 =�I ®3® STATE OF ,rldl . ) � COUNTY OF / � )SS. Ba0K •3543 wt 365 On this �� day of / , A. D. , 1950, before me, the undersigned, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Alexander Lux and Amelia C. Lux, personally known to me to be the persons whose names subscribed to the within Instrument, and duly acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ,.� Uf ��:r•© dial seal the day and year in this certificate first above V written. °. Wbtar y Pu c and or sa County aril State STATE OF " )SS. COUNTY OF On this day of ,A.D., 1950, before me, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared known to me to be the President, and known to me to be the Secretary of the SAN DIEGUITO IRRIGATION DISTRICT, the Corporation that ex- ecuted the within instrument, known to me to be the persons who executed the within instrument, on behalf of the Corporation there- in named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State :.J �i �lifll /�1 j_ . � i iy i)1gGUlTO IRR1G,Ti6N D1STMCT • i� v 8087 - ZCORD..lm,.." , REQUESTI Cam.; BOOK f • NGE � 6 2 OFFICIAL RECORD V •V 5 '. 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