Loading...
1967-66420MAY 11 Q,2 EASEMENT SC.1ES i9�3� 0tFICiAL REUR06 A; 3, CRAB'; ECO $4.40 In consideration of the sum of Ten Dollars ($10.00), receipt of which is hereby acknowledged, EDWARD J. WALZ and HENRIETTA S. WALZ, husband and wife, as Grantors, do hereby grant unto SAN DIEGUITO IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of California, its successors and assigns, a permanent easement and right -of -way for the purpose of lo- cating, relocating, constructing, reconstructing, maintaining, operating, inspecting and repairing a pipeline or pipelines and all fixtures and appurtenances incidental thereto, for use in connection therewith, for the conveyance of water, and all uses and purposes incidental thereto, in, upon, over, along and across a strip of land twenty -eight (28) feet in width, lying within three (3) feet on the south of the line described below and within twenty-S'-five (25) feet on the north of the line described below across the following described property: Lot 2 in Block 5 of Rancho Santa Fe, in the County of San Diego, State of California, according to Map thereof No. 1742, filed in the office of the County Recorder of San Diego County December 28, 1922, the center line of said ease- ment being described as follows: Beginning at a point on the Easterly line of said Lot 2 distant thereon North 10 15' East 196.33 feet from the Southeast corner of said Lot; thence South 82° 01' West 370.92 feet to the beginning of a tangent curve concave Southerly having • radius.of 1006.91 feet; thence Westerly along said curve through • central angle of 11 08 a distance of 193.90 feet; thence tan- gent to said curve South 70* 59' West 128.52 feet to the beginning of a tangent curve concave Southerly having a radius of 1010.0 feet; thence Westerly along said curve through a central angle of 10 00' a distance of 176.28 feet; thence tangent to said curve South 60 59' West 56.29 feet to a point on the Southwesterly line of said Lot distant thereon North 61 21' West 326.8+ feet from the most-Southerly-corner of said - L -2. 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, explosives, trees and other material or growths detrimental to the uses hereby granted. It is expressly agreed that the Grantors shall have the right, at their own risk, to use the surface of the right - of -way 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 pipeline or pipelines, or to such other purposes and uses as are or may be necessary or incidental to the construction, maintenance and operation of the Grantee's proposed pipeline or pipelines. And the Grantors hereby agree for themselves, their Executors and assigns, that they will not plant trees or construct or cause to be constructed and maintained any buildings or structures of any nature or kind upon said right -of -way; or store or permit to be stored or use upon said right -of -way any blasting supplies or explosives commonly used for blasting purposes. And the Grantee hereby agrees that it will avoid unreasonable interference with the use by Grantors, their Executors and assigns of said right -of -way, and agrees not to fence the same, and agrees that the Grantors, their Execu- tors and assigns, 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, their Executors and assigns, of, water -pipes reasonably- required for required for Grantors use over and across the right -of -way 2. in a manner which will not interfere with the Grantee's pipelines and operations. Grantee agrees that any_ pipeline or pipelines constructed in said easement and right -of -way will be so constructed that the top thereof will be at least thirty (30) inchesbelow the surface of the surrounding ground, and covered to the level of the surrounding ground. 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. Grantee agrees that in event at any time it should abandon or cease to use said pipeline or pipelines, or any part thereof, it will remove the line or lines so abandoned, and restore the surface of the land included within said easement and right -of -way to as near its original condition as practicable. Grantee agrees that it will not, in constructing, reconstructing, maintaining, operating or repairing its pipe- line or pipelines, or appurtenances thereto, interfere with or interrupt service of water through any pipelines,canals, ditches or other works owned or operated by Grantors, their Executors and assigns. Grantee further agrees to indemnity Grantors, their Executors and assigns, and to hold them harmless against any and all damages, claims and demands suffered by them, or asserted against them, by reason of the construction, recon- struction, maintenance, operation or repair of Grantee's 3, .. . pipeline or pipelines, or any appurtenances thereto, in, upon, over, along or across said right -of -way. IN WITNESS WHEREOF, the Grantors have executed L this easement this day of 1967, STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ss EDWARD J,, t LZ HENRIETTA S WALZ On this /0�'day of Apr_iff 1967, before me, the undersigned, a Notary Public in and for said County and State, personally appeared EDWARD J WALZ and HENRIETTA S. WALZ, known to me to be the persons whose names are sub- scribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. ST D ita NOTARY PUBLIC: c o CR,Li, QPNIA PRIiJGIE'AL OR iCs� IN V SAN DIEGO CQU R ' RYAND FOR SAID CO UNTY AND ST KATHLEEN K. STOKES, Notary Public in and for the State of California My Commission Expires April 1, 1446 WHEN RECORDED MAIL TO qA d�Y� N 1 ne q.� lolj 4.