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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