1950-30869V
BOOK 3543
This indenture entered into between Herman Wiegand and Mary
Wiegand, husband and wife, of the County of San Diego, State of
California, as grantors, and San Dieguito Irrigation District,
an irrigation district orgar#tzed and existing under and by virtue
of the laws of the State of California, as grantee,
W 1TNES SETH:
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 locat-
ing, relocating, constructing, reconstructing, maintaining, oper-
ating, inspecting and repairing a pipe line or pipe lines, 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, explosives, 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:;.
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 Bernardino
Meridian, in the County of San Diego, State of California,
according to United States Government Survey approved
April 19, 1881.
-1-
BOOK 4 ?AGE J', 4
The
I]
route of said easement of right -of -way across the afore-
said lands shall be as follows:
Beginning at a point on the West line of Lot 1, Bl6ck 35 of
Rancho Santa Fe, according to Map thereof No. 1742, filed
in the Office of the County Recorder, distant thereon South
2 48t 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 42 09"
East from said point;
thence Southwesterly along the arc of said curve through a
central angle of 60 22t 51" a distance 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 5 1 , a distance of 60.47 feet;
thence tangent to said curve South 230 0 41 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 10t 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 25t 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 52t 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 corner of the Southwest
Quarter of said Section 24;
thence continuing South 38 52 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° 47t 30 a distance of 486.87
feet; thence tangent to said curve North 85 20 West 26.40
feet; thence South 70 301 West 135.61 feet to the beginning
of a tangent curve concave Southerly having a radius of 700
feet; thencS Westerly along said curve through a central
angle of 22 431 a distance of 277.54 feet; thence tangent
to said curve South 47 47 West 32.51 feet to the beginning
of a tangent curve concave Northerly having a radius of 700
feet; thencS 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 3 011 West 589.12
feet to the beginning of a tangent curve concave Southeasterly
having a radius of 875 feet; thence Southwesterly along said
curve through a central angle of 10 28 a distance of 159.84
feet; thence tangent to said curve South 56 llt 30 "' West
603.44 feet to a point in the West line of said Section 25,
distant thereon South 0 36 West 1216.14 feet from the
Northwest corner of said Section 25.
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 1,500 gallons per
-2-
QOOK3 4•L PAGE 55
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
successors in interest in said land, the sum of Six Hundred Dollars
($600.00) 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 -of -wag 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
necessary or incidental to the construction, maintenance and op-
eration of the grantee's proposed pipe line or pipe lines®
And the grantors hereby agree for themselves, their successors
or 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 within ten 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
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 grantee's
supervision and approval, and the Grantee agrees, after the
- 3-
T • j
0
m
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 - & 10 4 hands this day of , 1950.
�n
ISA. RI1EGU1 IR GATtet14 DISTE1QB yc
,
4 ,
STATE OF
COUNTY
X
On this day of�= "�z -c��:� , A. D,, 1950 before me,
the undersigned Notary ?U i n and ,or the said. County and
State, residing therein, duly commissioned and sworn, personally
"�a"red Herman Wiegand and Mary Wiegand, personally known to me
he persons whose names subscribed to the within Instrument,
and` °duy; acknowledged to me that they executed the same.
h - ,WITNESS WHEREOF, I have hereunto set my hand and affixed
my off'ici'al seal the day and year in this certificate first above
wri tten.T -
t �/1Il "� "` ' 1 .f'�`.s /�.. - �7f? �'" �L .1�1��,.. .7 , ✓,����� y ys�/l�
Notary Public in and for said'/
County and State
STATE OF
SS.
COUNTY OF
On this � �day• of , A.D. , 1950, before me, a
Notary Public Sri and fort a said ou y and State, residing therein,
duly commissioned and sworn, personally appea ed ,
known to me to be the President and �_,e'knowrn
to me to be the Secretary of the SAN I G I 0 I GATI DISTRICT,
the Corporation that executed the within instrument, known to me to
be the persons who executed the within instrument, on behalf of the
Corporation therein named, and acknowledged to me that such Corpora-
tion 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
4V County and State
C
v. ti
aOR354 P-.4a x-57
CA�� L CL-0—
1 l r
AN DIEGUITO IRRIGATION DISTRICT
AWML
.� r'
air � i ' •
. 30869 j
t
copozD AT REQUEST',
I#A 1.7 1950
c -- PtV.A.�U .�.
P A W)
t NGE�� �
�3i > yclAi_ RECORDS
San Diego County, Cd
59 cast " D" btreet
'DMUMFN ARY TR _NSFE -_ _ Encinitas, Ca ) "+
Wk
In consideration of the sum of $5.00, the receipt of which is hereby
acknowledged, and other valuable consideration, SAN DID UTT'O WATER DTSTRICT, an
irrigation district existing under the laws of the State of California, hereinafter
referred to as the Grantor, hereby releases and quitclaims to
Raymond V. Johnson & Norma Jean Johnson, husband and wife
hereinafter referred to as the Grantee, all its interest an easement
recorded in Book 3543 Page 353 through 356, Document Number
30s69, recorded March 17, 1950, San Diego County Official Records
over all that portion of the North Half of the Northeast Quarter
of the Northwest Quarter of Section 25, 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 18, 1881, that was granted to Raymond V. Johnson
and Norma Jean Johnson by deed recorded on September 30, 1977 at
File /Page No 77- 403833 of Official Records of said County and that
lies Easterly of the following described line:
COMMENCING at the Southwest Corner of said North Half of the North-
east Quarter of the Northwest Quarter; thence along the Southerly
line of -paid North Half, South 89 52'00" East, 694.83 feet (record,
South 89 52 East, 694.68 feet) to the most Southwesterly corner
of said land conveyed to Johnson, said corner being the TRUE POINT
OF BEGINNING of the line herein described; thence North 00 27'30"
East, 633.13 feet (Eecord, North 00 27'53" East, 633.46 feet); thence
continuing North 00 27'30" East, 30.08 feet to the Northerly line of
said Northwest Quarter of Section 25, being the TERMINUS of said
line.
BY ACCEF j AND RECORDING THIS RELEASE, THE GRA NTZE(.•) AG=(S) TO PO'.D
THE GRANTOR(S) HAR]IT.ESS FROM ANY AIdD ALL CLAIMS OF nFERY NATURE HEREAF'iER ARISr3
WITH REFERENCE TO THE PROPERTY ABOVE D.- CRIBED.
This release is executed this Z day o`_'
19_fL, by Grantor pursuant to a resolution duly adopted by i t, %eoard of id re -torn.
Dated: rZ
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
SAN :D7?i:: WATER DISTRI
res:,e�
P.v 1
Se tarp
On l u. i %f /9 7 9 before me, the unders igned, a Notary Public in
and fcd-/'said State, terronally appeared '6. f
knowrt�o me to be the President, and
known to me to be the Secretary of the ligation District that e V ted the within
instrument, known to me to be the persons who executed the withininstrumert on
behalf of the irrigation district therein named, and acknowledged to me that such
irrigation district executed the within instrument pursuant to its by -laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
S'• gnatnre
a m,mmcnmmm,mm,...... mn,munm,mmmr,m,rnmmmmmmm,mm�mnn�
OFFICIAL SEAL o
.� O t
/
€ '• JOSEPHINE E. NEEB 3
FIL../PA6E
"•G - NOTARY PUeLIC CALIFORNIA =
3
-
BOOK y
RECORDcD R. GUEST ur
PRINCIPAL OFFICE IN
SAN CIEG+O COUNTY
ADDRESSf.E
e m.y commission Expires Apri! 27, 1982
m. mununmT„ o, u„ mmm�uumuunnnnuwnuumnn ::x••- m•xnm,nuff
mn ,.,.
AUG 2 9 54 AM'79
RECORD
SAN DIEGO COUNTY, CALIF.
$3.00
,Recording requested by )
San Dieguito Water District )
When recorded, mail to: )
San Dieguito Water District )
505 S. Vulcan Avenue )
Encinitas, CA 92024 )
For the benefit of the District
rid ..-
UHN ..i_�_ ___ I ! LL 01 . U- _
rvllTTi' 1 i - - "'
iiu
1.
Assessor's Parcel No. 262 - 073 -24
RESOLUTION NO.. 2003)-24
A RESOLUTION OF THE BOARD OF DIRECTORS
OF SAN DIEGUITO WATER DISTRICT
APPROVING A SUMMARY VACATION OF
WATER EASEMENT
WHEREAS, a request for vacation of .a water easement has been submitted by M & M
Development, LLC over property located at 3616 Manchester Avenue (262- 073 -24); and
WHEREAS, said water easement was dedicated to the San- Dieguito Water District on
March 17, 1950 as in Book 3543 Page 353 of the Official Records; and
WHEREAS, the vacation proceedings were conducted under Chapter 4, . Part 3, of the
State of California Streets and Highways Code; and
WHEREAS, the easement has not been used for the purpose for which it was dedicated
or acquired for five consecutive years immediately preceding the proposed vacation;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of San Dieguito
Water District approves a summary vacation of the aforementioned water easement lying within
the property described in Exhibit "A" enclosed, in accordance with the following:
1. The project as proposed is exempt from environmental review pursuant to the
California Environmental Quality Act Guidelines, Section 15061(b)(3).
2. There is no present or prospective use for the easement.
3. The owner• has been notified that any pipelines within said easement have been
abandoned by the District and will now be the responsibility of the owner.
BE IT ALSO RESOLVED that the Secretary of the San Dieguito Water District shall
cause a certified copy of the Resolution of Vacation, attested by the Secretary under seal, to be .
recorded without acknowledgment of. further proof, in the Office of the County Recorder. Upon
such recordation, the vacation process shall be deemed complete.
0 0
U
U
2 €' F h _mod*_
4 .r> �_ +i 'a +• ii
rid ..-
UHN ..i_�_ ___ I ! LL 01 . U- _
rvllTTi' 1 i - - "'
iiu
1.
Assessor's Parcel No. 262 - 073 -24
RESOLUTION NO.. 2003)-24
A RESOLUTION OF THE BOARD OF DIRECTORS
OF SAN DIEGUITO WATER DISTRICT
APPROVING A SUMMARY VACATION OF
WATER EASEMENT
WHEREAS, a request for vacation of .a water easement has been submitted by M & M
Development, LLC over property located at 3616 Manchester Avenue (262- 073 -24); and
WHEREAS, said water easement was dedicated to the San- Dieguito Water District on
March 17, 1950 as in Book 3543 Page 353 of the Official Records; and
WHEREAS, the vacation proceedings were conducted under Chapter 4, . Part 3, of the
State of California Streets and Highways Code; and
WHEREAS, the easement has not been used for the purpose for which it was dedicated
or acquired for five consecutive years immediately preceding the proposed vacation;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of San Dieguito
Water District approves a summary vacation of the aforementioned water easement lying within
the property described in Exhibit "A" enclosed, in accordance with the following:
1. The project as proposed is exempt from environmental review pursuant to the
California Environmental Quality Act Guidelines, Section 15061(b)(3).
2. There is no present or prospective use for the easement.
3. The owner• has been notified that any pipelines within said easement have been
abandoned by the District and will now be the responsibility of the owner.
BE IT ALSO RESOLVED that the Secretary of the San Dieguito Water District shall
cause a certified copy of the Resolution of Vacation, attested by the Secretary under seal, to be .
recorded without acknowledgment of. further proof, in the Office of the County Recorder. Upon
such recordation, the vacation process shall be deemed complete.
! . I
PASSED AND ADOPTED at a regular meeting. of the Board of Directors of San.
Dieguito Water District held on the 19' of November, 2003, by the following.vote: .
AYES: Bond, Dalager, Guerin, Houlihan, Stocks.
NOES: None.,
ABSENT: None.
ABSTAIN: None.
Maggi Houlihan, President
ATTEST:
EXHIBIT "A"
LEGAL DESCRIPTION
THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 25, TOWNSHIP I3 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE COUNTY OF SAN DIEGO, .STATE OF CALIFORNIA, ACCORDING
TO THE OFFICIAL PLAT THEREOF.
APN 262 - 073 -24
c
Y
San Dieguito Water District
Resolution No. 2003 -24
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO)
1, Kerry L. Miller, Secretary of the Board of Directors of San Dieguito Water District DO
HEREBY CERTIFY that the. above and foregoing is .a full, true and corrected copy of Resolution
No. 2003 -24 of said Board and -that the same has not been amended or appealed.
Dated: November 19, 2003
Ke Miller, S cretary
S Dieguito Water District