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GRANT OF EASEMENT 3- y / c / 3 7 Y,?
THIS INDENTURE, made this 21st day of April 1950
at the City of Encinitas, County bf San Diego, State of
California, by ELIZABETH SCOTT, the duly appointed, qualified
and acting Guardian of the person and estate of CHRISTIANA
WIEGAND, an incompetent person, Grantor, and SAN DIEGUITO IRRI-
GATION DISTRICT, an irrigation district,.Grantee,
WITNESSETH: THAT,
WHEREAS, Grantor has filed a petition in the Superior
Court of the State of California, in and for the County of San
Diego, for authority to convey a certain easement to the Grantee;
and
WHEREAS, said Superior Court, after the filing of
said petition and after notice had been given in the manner and
for the time required by lew, did on the 21st day of April,
1950 make an order authorizing the conveyance of said easement
and directing that said Grantor execute said easement, a certi-
fied copy of which order authorizing the conveyance of easement
is being recorded in the office of the County Recorder of said
San Diego County, within which said land affected by the ease-
ment is situated, upon the execution by the said San Dieguito
Irrigation District of an agreement referred to in said order;
and
WHEREAS, the said San Dieguito Irrigation District
has cpmplied with the terms of the'said order and has executed
the agreement therein referred to;
NOW, THEREFORE, the said ELIZABETH SCOTT, as Guardian
of the person and estate of- CHRISTIANA WIEGAND, an incompetent'
S
person, Grantor, pursuant to said order of the Superior Court,.
does hereby grant to SAN DIEGUITO IRRIGATION DISTRICT, an irri-
ga
tion district organized and existing under and by virtue of
the laws of the State of California, its successors and assigns,
hereinafter called the Grantee, an easement for the purpose of
locating, relocating, constructing, reconstructing, maintaining,
operating, inspecting and repairing a pipe line or pipe lines,
and all fixtures and appurtenances incidental thereto for use
in connection 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 rightto clear and
keep c•lear.said right -of -way from buildings, structures, explo-
sives, trees, and other material or growths detrimental to the
uses herein granted. Said right of ingress and egress is to be
exercised with the least possible detriment and inconvenience to
the land so used,,and any damage to growing crops caused thereby
is.to be compensated for by said San Dieguito Irrigation District.
The lands in which such easement or right -of -way is
hereby granted are situated in the County of San Diego, State of
California, and are particularly described as follovts, to wit:
Lots 3 and 4 and the Southeast Quarter of Southwest Quarter
of Section 24 and the North Half of.Northwest Quarter of
Section 25, Township 13 South, Range 4 West, San
Meridian, in the County of San Diego, State of California,
according to United States Government Survey approved April
19, 1881, as described in deed t o Christina Wiegand,srecorded in
February 16, 1923 as File No 5
the County of San Diego, State of California.
The route of said easement or right -of -way across the
aforesaid lands • shall be as follows.
2.
Beginning at a point on the West line of Lot 1, Block 35 of
Rancho Santa Fe, according to Map - thereof No. 1742, filed
.in the office of the County Recorder, distant thereon South
2 48' East 57.88 feet from the Northwest corner of said Lot
1, said point being on a curve concave Southeasterly having
a radius of 350 feet, whose center bears South 2 421 09
East from said point; thence Southwesterly along the arc
of said.curve through a central angle of 60° 22 51" a dis-
tance of 368.85 feet; thence tangent to said curve South
.26 55► West 235.51 feet to the beginning of a tangent curve
concave Southeasterly, having a radius of 900 feet; thence
Southwesterly along said curve through a central angle of
3 51' a distance of 60.47 feet; thence tangent to said
curve South 23 04 West 489.90 feet to the beginning of a
tangent curve concave Northwesterly, having a radius of
500 feet; thence Southwesterly along said curve through a
central angle of 39° 101 a distance of 341.79 feet; thence
tangent to said curve South 62 14 West 102.01 feet to the
beginning of a tangent curve concave Northerly having .a
radius of 600 feet; thence Westerly along said curve• through
a central angle of 25 11 a distance of 263.72 feet; thence
tangent to said curve South 87 25' West 47.98 feet to the
beginning of a tangent curve concave Southeasterly having a
radius of 400 feet; thence Southwesterly along said curve
through a central angle of 48 32' 30" a distance of 338.85
feet; thence tangent to said curve South 38 5 2, 30" West
476.85 feet to a point on the South line of said Section 24,
distant thereon 328.27 feet Westerly.from the Southeast cor-
ner of the Southwest Quarter of said Section 24 thence con-
tinuing 38° 521 30" West 22.05 feet to the beginning
of a tangent curve concave Northwesterly having a radius of
500 feet; thence Southwesterly along said curve through a
central angle of 55° 47' 30",a distance of 486.87 feet;
thence tangent to said curve North 85 201 West 26.40 feet;
thence South 70 30.1 West 135.61 feet to the beginning of a
tangent curve concave Southerly having a radius of 700 feet;
thence Westerly along said curve through a central angle of
22 43' a distance of 277.54 feet; thence tangent to said
curve South 47 471 West 32.51 feet to the beginning of a
tangent curve concave northerly having a 'radius of 700 feet;
thence Westerly along said curve through a central angle of
18 52' 30" a distance of 230.50 feet; thence tangent to
said curve South 66 39' 30" West 589.12 feet to the be-
ginning of a tangent curve concave Southeasterly having a
radius of 875 feet; thence Southwesterly along said curve
through a central angle of 10 281 a distance of 159.84
feet • thence tangent to said curve South 56 11 30" West
603.x+.4 feet to a point in the West line of said Section 25,
distant thereon South 0 36 (West West 1216.14 feet from the
Northwest corner of said Section 25.
In consideration whereof said San Dieguito Irrigation
I
District hereby agrees to furnish to said Grantor, or her sue-
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Ronx,3f 55) lmi 267
cessors 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 ex
teed 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 Grantor, or her 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 utiliz-
ing said water.
It is expressly agreed that the Grantor shall have
the right, at her 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 installa-
tion, 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 necessary or incidental to
the construction, maintenance and operation of the Grantee's
proposed pipe line or pipe lines.
And the Grantor hereby agrees, for herself, her
successors or assigns, that she will not plant trees or con-
struct or cause to be constructed and maintained any buildings
or structures of any nature or kind within ten (10) feet of
said pipe line; 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 intereference with the use by Grantor, and her
successors, of said right -of -way, and agrees not to fence the
same, and agrees that the Grantor may enjoy the surface use.
of the land herein described, subject to the conditions above
stated; and agrees to permit the installation by the Grantor
of water pipes reasonably required for Grantor's use on her
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 Grantee's supervi-
sion and approval, and the Grantee agrees after the installa-
tion 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. '
IN WITNESS WHEREOF, the said Guardian and the said
San Dieguito Irrigation District have executed this conveyance
of easement the day and year first hereinabove written.
As and ai n of e Person and
Estate of CHRISTIANA WIEGAND,
an incompetent person
,,
SAN DIEGUITO IRRIGATION DISTRICT,
ar
BY
BY
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STATE OF CALIFORNIA
ss
COUNTY OF SAN DIEGO
On this al day of April, 1950, before the
undersigned, a Notary Public in and for said County and
State, residing therein, duly commissioned and sworn,
STATE OF CALIFORNIA
s
COUNTY OF SAN DIEGO
n. th I s _ of;April, 195 before the
undersigned, a Notary Public in and for said County and
State, residing therein, duly commission ed and sworn,
personally appeared EARL A. BATCHELOR known to me to be the
President, and FRANK S. JACOBSON known to me to be the Secre
Lary of the Corporation that executed the with in instrument,
known to me to be the persons who executed the within in
strument on behalf of the Corporation therein named, and
acknowledged to me that such corporation executed the same.
WITNESS my hand and official seal.
_z
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County and State
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ELIZABETH SCOTT, known to me to be
personally•appeared
the perso' n whose name
is subscribed to the foregoing in-
strument a's Guardian
of the person and estate of
RISTIANA WIEGAND, an
incompetent person, and acknowl
to me that she
executed the same as such Guardian.
WITNE my
hand and official seal.
In.
in a or sa d
No ry Pu c in and
County and State.
STATE OF CALIFORNIA
s
COUNTY OF SAN DIEGO
n. th I s _ of;April, 195 before the
undersigned, a Notary Public in and for said County and
State, residing therein, duly commission ed and sworn,
personally appeared EARL A. BATCHELOR known to me to be the
President, and FRANK S. JACOBSON known to me to be the Secre
Lary of the Corporation that executed the with in instrument,
known to me to be the persons who executed the within in
strument on behalf of the Corporation therein named, and
acknowledged to me that such corporation executed the same.
WITNESS my hand and official seal.
_z
ary Pub n and a�.
c or
No
County and State
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