Loading...
1950-58858. ,, . 80 0IK i1AG 190 In consideration of the sum of Ten Dollars ($10.00), to them in hand .� ;edged, Laurence 0 L. J. Howe aI _ `�,o o hereby grant unto San Die district organ - 7wo eaocvm \� 1�a a� l�+�o Qv X �)70 ized and exi the State of � \ y a °� l�pY 88 - 3 ?111 California, � vaCa�C �qS� L t� asement and right of way! reconstructi a pipe line dental there' of water, an over, along lying within crosses Lot Diego, State in the Offic 1922; said c V\0 i S� \ \�Y Sam CQV 0��� �vvkcr l.e, css e w , S c,,v, \A-G� constructing, - id repairing tenant es inc i- the conveyance to, in, upon, - eet in width., line which County of San No. 1742 filed znty December 28, Lbed as follows:- Beg; P said Lot 1 dis� Bt from the Sou 56 361 West 237 2irve concave Nora��r�y navi�g a raaZUS or 4��fe�e whence Westerly along said curve through a central angle of 33 431 30t a distance of 235.44 feet; thence North 790 401 30" west to the Westerly line of said Lot 1. 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 afid growing of trees; and the right to cross or make use of the surface in a manner not detrimental to the installation, construction, -l- I . 800K3634 PA cA90 In consideration of the sum of Ten Dollars ($10.00), to them in hand paid, receipt whereof is hereby acknowledged, Laurence L. J. Howe and Claribel D. Howe, husband and wife, do hereby grant unto San Dieguito Irrigation District, an irrigation district organ- ized 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 locating, relocating, constructing, reconstructing, maintaining, operating, inspecting and repairing a pipe line or pipe lines and all fixtures and appurtenances inci- dental 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 sixteen (16) feet in width, lying within eight (8) feet on each side of a center line which crosses Lot 1 in Block 22 of Rancho Santa Fe, in the County of San Diego, State of California, according to IJIap thereof No. 174.2 filed in the Office of the County Recorder of San Diego County December 28, 1922; said center line being more particularly described as follows:- Beginning at a point on the Easterly line of said Lot 1 distant thereon North 1 14 East 212.60 feet from. the Southeast corner of said Lot; thence South 66 361 West 237.35 feet to the beginning of a tangent curve concave Northerly having a radius of 400 feet; thence Westerly along said curve through a central angle of 33 43 30P9 a distance of 2 35.4.4. feet; thence North 79 401 30 west to the Westerly line of said Lo.t 1. 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 atd growing of trees; and the right to cross or make use of the surface in a manner not detrimental to the installation, construction, -1- - r - operation, inspection, repair' maintenance and replacement. of a pipe line or pipe lines, or to such other purposes and uses as are or may be necessary or incidental to the construction, main- tenance and operation of the Grantee's proposed pipe line or 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 struc- tures 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 unreason- able 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 de- scribed, subject to the conditions above stated;.and agrees to permit the - installation by the Grantors of water pipes reasonably required for Grantors' use over and across the right of way in a manner which will not interfere with the Grantee's pipe lines and operations. Grantee agrees that any pipe line or lines constructed in said easement and right of way will be so constructed that the top thereof will .be at least thirty (30) inches below the surface of the surrounding ground, and covered to the level of the sur- rounding 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 pipe line or lines, 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 i original conditions-as practicable. -2- 13QI)K � RAGE Grantee agrees that it will not, in constructing, re- constructing, maintaining, operating or repairing its pipe line or lines, or appurtenances thereto,.interfere with or interrupt service of water through any pipe lines, canals, .ditches, or other works owned or operated by Grantors. Grantee further agrees to indemnify Grantors and hold Grantors harmless against any and all damages, claims and de- mands suffered by Grantors, or asserted against Grantors, by reason of the construction, reconstruction, maintenance, opera- tion or repair of Granteels pipe line or lines, or any appur- tenances thereto, in, upon, over, along or across said right of way. WITNESS &W,% hands this day of � , 1950. • • g M_ - � • STATE OF� )3S. BOOK 3634 COUNTY OF ,4�40-4� 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, per- sonally appeared Laurence L. J. Howe and Claribel D. Howe, per- sonally known to me to be the persons whose names are subscribed to the within instrument, and duly acknowledged to me that they executed the same. IN WTTNESS INKE EOF, I have hereunto set my hand and affixed my official seal the day and year in this certi,�1 € .1.� , first above written. '^'� �� ' ••�����. Ae. p.• J Notary is in ari`$�o;� said County nd Stat4 e •., '' STATE OF - ,~ COUNTY OF On this 54 day of /_Y�Q, , 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 Pr esident and known 'to me to be the Secretary of the SAN DIE'GUITO IRRIGATION 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 Corporation executed the same. IN WTTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. vf Notary Public in, j4d � o said County and S-te to My Commission Expires Novembei�.O- i0$1 ;�' 1000 ' P� BOOK J SAN G:�GJITG tRI. CIA, � o SAN D?IrGU1T(3 IRRIGATION DOCUMENT NO ,_.. • SEC RDE® �' RE.�UE"�T �`'�' MAY 251950 ' go NOR V OFFICIAL RECORDS San DF-Aga Ccurq, .