1950-58859In consideration of the sum of Ten Dollars ($10.00), to them
in hand paid, receipt whereof is hereby acknowledged, Merrell K.
Hamilton and Mary Louise Hamilton, husband and wife, 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 ar!~ 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 inciden-
tal 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 20 feet in width, lying
within 10 feet on each side of a center line which crosses Lot 2,
Block 21 of Rancho Santa Fie, in the County of San Liego, State of
California, according to Map thereof No. 1742, filed in the office
of the County Recorder of San Diego County, December 28, 1922; said
center line being more particularly described as followst-
Beginning at a point on the Northeasterly line of said
Lot 2 distant thereon North 460 379 West 54.64 feet from
the most Easterly corner of said Lot; thence South 530 039
West 299.96 feet to the beginning of a tangent curve con-
cave Northwesterly having a radius of 747-M feet; thmnee
Southwesterly along said curve through a central angle of
160 409 a distance of 217.55 feet; thence tangent to said
curve South 690 439 West 580.97 feet to the beginning of.a
tangent curve concave Northerly having a radius of 600 feet;
thence Westerly along said curve a distance of 1.68 feet to
the Northwesterly line of said Lot 2.
Together with the right of ingress thereto and egress there-
from, 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 Grantorsshall 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,
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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, maintenance and oper-
ation of the Grantees proposed pipe line or pipe lines.
a) And the Grantors hereby agf;ee for themselves, their successors
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CMI or assigns, that they will not plant trees or construct or cause to
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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 ex-
plo,si.ves 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 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 its° original conditions as.practicable.
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m
Grantee agrees that it will not, in constructing, reconstruct-
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ing, 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 agrees that upon completion of its new pipe line
that; it will crush and backfill the ekisting redwood stave pipe
line on the above described lot at all points where' it is more
than ten feet from the new line.
Grantee further agrees to indemnify Grantors.and hold Grantors
harmless against any and all damages, claims and demands suffered
by Grantors, or asserted against Grantors, by reason of the.con-
struction, reconstruction, maintenance, operation or repair of
Grantee's pipe line or lines, or any appurtenances thereto, in,
upon, over, along or across said right of way-
WITNESS their hands this 5 day of March
e 3®
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KINGD)M OF THE NETHERLANDS
xS Ex t TERRITORY OF CURACAO )
ISLAND OF ARUBA ) SS.
X&VMTYx CON )UTA T E OF THE )
UNITED STATES OP AMERICA
On this 15th, day of March , A.D., 1950, before
Vice Consul of the United States of America
me, the undersigned, and for the said County
and State, residing therein, duly commissioned and sworn, per-
sonally appeared Merrell.K. Hamilton and Mary Louise Hamilton,
personally known to me to be the persons.whose names are sub-
scribed to the within instrument, and duly acknowledged to me
that, they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my c~ SS'al the day and year in this certificate first above
' - Re a• Krausse, 31r.
Item r7 o:
Vice
Consul of the United States of America
a' Service No.. A_' ~7fIi4 c~C?C
cSTATE OF SS.
COUNTY OF ~9 ) - - - -
On this day of A.D., 1950, before me,
a Notary Public in and for the said County and State, residing
therein; duly commissioned and sworn, personally appeared.
J , known to me to be the President, and
known to me to be the Secretary of
the SAN DIEGUITO 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 WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year in this certificate firstabove
written.
' •~1`i~•O~ rJ0
Notary Public it acid ''for
said County andQ~tate
My Commission Expires Novembe § 1951
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SAN DYEGUITO IRRIGATION yISTYtIC'
DOCUMENT NQ,
RECC> DE® A~EQUE~T ~
MAY 251950
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BOOK i ~ ~tiA ~ ~
CFEICJAE DECO
Sen Diego CcnnPy, CaftyM
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