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.
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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.-
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-
RECORDED AT REQUEST aj
-7 -;=ON DME-11"cl
AM J! 4,195
B00K3581 PAGE288
OFFICI:.~ HCOMS
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