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1950-421684 gocK3581 PAGE,28 In consideration of the sum of Ten Dollars ($10.00), to them in-hand paid, receipt whereof is hereby acknowledged, R. E. Badger and Ruth C. Badger, 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 Cal- ifornia, th Arsuccessors and assigns,.,. a permanent easement and right of way for the purpose of locating, relocating, constructing, reconstructing, maintaining, operating, inspecting and repairing a pipeline 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 sixteen (16) feet in width, lying within eight (8) feet on each side of a center line which crosses Lot 1 in Block 10 of Rancho Santa Fe, in the County of San Diego, State of California, according to Map 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 follows: Beginning at a point on the Easterly line of Lot 6, Block 5 of said Rancho an.ta Fe, distant, thereon due North 335.0022 fet from the Southeast corner of said Lot; thence South 450 294 West 269.45 feet to the beginning of a tangent curve concave Southeasterly having a.-radius of 1510,0 feet; thence Southwesterly along said curve through a central angle of 60 464 a distance of 178.33 feet; thence tangent to said curve South 380 434 .West 772059 feet to the beginning of a tangent curve concave Northwesterly having a radius of 490 feet; thence Southwesterly along said curve through a central angle of 70-461 a distance of 66.42 feet; thence tang-ant to said curve South 460 29, West 2.17 feet to the beginning.of a tangent curve concave Northwesterly having a radius of 490 feet; thence Westerly along said curve through a central angle of 13° OOP. a distance of llle 18 'feet; thence tangent to said curve South 59° 294 West 67.08 feet.to a point on the South- wegterly line of Lot 1 in said Block 10 distant thereon North 45 574 West 223o37.feet from the most Southerly corner of said Lot to , 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. mle < 80014 35811 WAGE 289 It is expressly agreed that the-Grantors shall have the right, at their, oN n 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, 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 an d,oper- ation 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 upon said right of way; or store or permit to be stored or.use upon said right of way-any-blasting supplies.or ex- plosives commonly used for blasting purposes. And the Grantee hereby agrees that.it will avoid. I 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 opera- tions. 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.. -2, /1? V . eooK3581 PAGE290 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 sur- face of the land included within said easement and right of way to as near its original conditions as practicable. Grantee agrees that it.will not, in constructing,.recon- strutting, 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. Gran- tors harmless against any and all damages, claims and demands suffered by Grantors, or asserted against Grantors, by reason of the construction, reconstruction, maintenance, operation or repair of Granteeos-pipe line or lines, or any appurtenances thereto, in, upon, over, along or across said right of way. WITNESS 6z,,), hands this 2or4 day of 9 1950. e STATE OF c )SS. COUNTY. OF ) On this ' day of Q2 , A.D., 1950, before me, the undersigned, a Notary Pub is in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared R. E. Badger and Ruth C. Badger, personally 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 WITNESS WHER EOF9 I have hereunto set my hand and affixed my official ,aqal the day and year in this certificate first above t,E ,,,,~trtrr written Notary public _n and for said County and State Y a. , . MY Gotrynisssan iql cs S~~,V ~,195 z 800501 PAGE2'91 e UM DICGUITO IRRIGATION DISTRICT DCtUMENT, NO.- r - RECORDED AT REQUEST aj -7 -;=ON DME-11"cl AM J! 4,195 B00K3581 PAGE288 OFFICI:.~ HCOMS cojiqy xil l tf