Un-Recorded ReleasePIP
of EASKML T C
THIS INDKNTURR, made t1ais day of February:,- 19.5
by SAW DIEGUITO IRRIr:ATIOX DI S' 19ICT_, an irrigation district
organized and, existing under the. laws of the State of Ckli.forni a,
Grantor, and SANTA F ; IRn CATION DISTRICT.., ''an irrigation district
organized and exi ating tuiddr the laws of-the St.a,te of , Cali for-n a,
Grantee, is axecuted ix} "f-t the; following fa cts
Grantor holds 6:n €ant of rec-or^d for a right of 'way
across the lands of the (3r:sntae heirehf ter described, which -was P,
granted by Granteet's predecessor in int•Qre, it by the docuusent.
'dated Tatarch. Zsi1 2 Pe`r°einafter fmenti,one(
39 specifically on 1
ya there is no*,located a wooden ~ 0
which right of way'
Y pipeline 17.
' R formerly used -as a part of Grantor's transmission and distri. i
` bution system..;> Grantor has. recently completed' a new pipeline
along a different route and no longer needs or uses, the said -
wooden pipeline; and Grantee desires Grantor to rolesaao, the
easement shove referred to;
NOSY, T119RX PO, R7R, , `S n con:si dorat on of the premise541
1. Grantor bore"ley relossa`s 'to Grantee, its =,succe>s ors
and assigns, said easement above mentioned, and all .riiht3. titre
and interest of the Grantor in. and across that certain real
property situated in the Court y of San Diego., Stato of
California,' ;core particularly Oescribed as follows:
That port ,o a of Lots 3 4,9 7 and 11 of, Block 242 of
Rancho Santa Fe, County of San )ie:go, State of California;
according to, MkD ther.®161" No. 1742, filed in. the, office of t'he'
County Recorder of said `San Diego County, December 23,, 19220 which is `ncluded~`inf th' property granted to SANTA FE, I: RTGATIQ ON
DISTRICT by deed executed 1by the; t.,ax collector of 5 an Diego
County, dated April,' 18, 19 5, and. recorded April 1 27, 1945 in
the office` of the .'County Recorder of San Diego County in:
Book 1862 at page 157 of Of fici`Al Records, Bile Number 34614.
r
and which is also included in the property granted to the
Grantor herein by that-certain indenture dated Burch 26, 192,3.,
by Santa Fe Land Improvement Company, a California corporation,
first party, and San Di.e gusto. Irrigeation District, the Grantor
heroin, as aecond party., which indenture wRs recorded in the
office of the said Recorder of San Diego County, California,
on August 22,
19259
in Boolf 1121, Page
67 of Deeds.
24
Grantor
exprausly reserves
all rights subsequently
granted to it by the zwoces,sors in interest of said Tanta pe
Land Improvenent Company, for a right of way. across others
portions of said Lots 3. 4, 7 and 11 of said Block 21~.
3. Grantoo ho,r Baby agroos (ea) that it will hold Grantor
harmless from any liability arising out of the continued exis-
tence, of the said. wooden pi.paline, or any portion thereof, upon
the said propertya and (b) that in the evont grantee at any
time rarioves any portion of said wooden pipeline above referred
toq it will securely block or seal the ends of the portions of
said pipeline which it leaves In their forrAer position, whether
on the property of the Grantee: or on the adjacent property,,
so that no person or thing will have, access to the inside of
-my adjacent portion of said abcuadonod pipeline.
I 'v""dZTTs: S~,tl z ~OF'9 the Grantee, and the Grantor, o9ch
acting by its Presiderkt and S oercta.ry thorounto duly authorized
by action of its 130s.rd of Di.roctormp have s3.r
~4raee this
Instrument the day and year first here n above written,
ATTEST
SF• CRETARY
ATTEST:
SF,'CRF;TP RY
SAM DIEGUITO IRRIGATION DISTRICT,
By
FTY-7SI DEPT
GRAITTOR,
SANTA FE IRRIGATION DISTRICT,
By
GRANTEE.
2.
I
STATE OF CALIFORNIA )
ss
COUNTY OF SAN DIEGO )
On this day of February, 1955, before me, the
undersigned Notary Public in and for said County and State,
personally appeared F. S. WACTITERa known to rye to be the
president, and TOM HARF.IN(JTQNs known to me to be the
Secretary, of SAN DIEGUITO IRRIGATION DISTRICT, the irriga-
tion district that executed the within :Instrument, and knovin
to me to be the persons vt~^..o executed tho within instrument
on behalf of said irrigation district, and acknowledged to
me that such irrigation district e.ce cute d the same.
WITNE'SS ms hand and official seal.
k
STATE OF CALIFORNIA )
ss
COUNTY OF SAN DIEGO )
Xo airy Pu i c in and for-76M
County and State
on this day of February, 1955, before me, the
undersigned Notary ;Public in and for said County and State,
;personally appeared
knovm to rye to be the
]?resident, and H. F. UA VE.LL, lmo= to be to be the
Secretary, of SANTA FE IRRIGATION DISTRICT, they irrigation
district that executed the vvithin instrument, and knovm
to be to be the persons who executo they ivithin instrument
on behalf of said irrigation district, and acknowledged to
me that such irrigation diatr ict executed they samo.
WITNESS ray hand and official seal.
Notary Public in and for said
County and State
3•
._4 9
INDENTURE made this 26th day of March 1923 by and
between the SAN DIEGUITO MUTUAL WATER COMPAgdY, a California,
Corporation, party of the first part, hereinafter called the
eater Company, and the SAN DII;GUITO IRRU ATION DISTRICT,
a Body politic and. corporate, duly organized and existing
under the laws of the State of California, party of the
second part, hereinafter called the District.
W 1 T N E S S H H:
ARTICLE 1.
In consideration of the covenants herein on the
part of the District, and of the faithful keeping of them
by it, the Iffa.ter Company hereby grants unto the District,
its successors and assigns, the right to lay, maintain and
operate a water pipe line over, upon and through the eater
Company's lands upon the Rancho Santa Fe, as per map thereof
on file in the office of the County Recorder of said-County
of San Diego, and numbered 1742, the location of said pipe
line being more particularly, described as follows:
Beginning at the outlet valve near the
Northerly end of the San Dieguito dam at a point
whence the lot corner common to Lots 1 and 4 of
Block 4, and Lot 3 of Block 5 of the subdivision
of the Rancho Santa Fe bears North 420 39' West
208.2 feet;
CROSSING LOT 41BLOCK 4
Thence-North 850 41' Vilest 127.88 feet to a point;
Thence on a 500 foot radius curve to the left
25.10 feet to an intersection with the easterly
line of Lot 3 of Block 5 of the aforesaid sub-
division whence the aforesaid corner common to
Lots 1 and 4 of Block 4, and Lot 3 of Block 5 of
the aforesaid subdivision bears North 40 541 Fast
143.0 feet.
-1-
t
together with right of ingress and egress to and frora said
pine lane over and upon the lands above described. to such
an extent as may be necessary to carry out the ;:purposes of
this indenture, provided said right is exercised in such a
way as will do the least possible.damage to the Water Com-
pany's property.
To have and to hold the rights hereby given unto
the Dietrict so long &a the pipe line 'installed hereunder
shall be maintained and used by said District.
ARTICLE 11.
In consideration of the rights hereby, given it
the pi,strict hereby agrees for itself, its successors and
assigns, as follows:
1. To construct, lay and maintain the said pipe line
so as to do the least possible damage to the property on which
it is laid or through which it passes, and after laying to
properly back-fill the trench and leave the surface of the
ground in a condition satisfactory to the Water Company.
2. To repair all leaks which may occur in the pipe
line, or at the meter connection, promptly after their occur.-
rence. Failure on the part of the District to repair any
leans within eighteen (18) hours after they have developed,
shall give the eater Company, its successors and assigns,
the right to have the water-,shut off at the point of delivery
into said pipe line, or.in case of a .,serious break to have
said water shut off immediately to prevent damage to the pro-
-2-
1.
perty of the Water Company or to property adjacent thereto.
3. That where any damage is done to the Water Com-
pany's land crossed by said pipe line, by reason of the
construction, maintenance, repair and/or emptying of said
pipe line, either in respect to the right given for ingress
and egress, or to leaks, emptying, or other causes not herein
specified., the District must promptly remedy the trouble to
the satisfaction of the Water Company and pay the cost of
any damage within thirty (30) days after bill therefor has
been presented to it'by the Later Company.
ARTICLE III.
FOR THE CONSIDERATION STATILD, the parties hereto
mutually agree as follows:
1® The Water Company reserves the right to itself,
its successors and assigns, and to other companies, corpora
tions or persons, to lay pipe lines over or under the Dis-
trict's pipe line upon the hater Company's lands without other
or further assent from the District except reasonable previous
notice to the District that such crossing will be made, and
when. There any such crossings of pipe lines occur and damage
follows on account of leaks in the one or the other of said.
pipe lines, such damage will be assumed and paid by the owner
of the pipe line causing the same.
2. The Water Company shall not be liable for any
damage to the Jistrict9s pipe line upon the property, of the
Water Company unless the same is the result of negligence by,
,3Q
-s
the Water. Co i' any' ° s employee.
3. In case of failure by the District to construct
said pipe li:ne and operate the some within two years from this
dote, all rights given hereunder to the ;district shall cease
and determine.
4.. This indenture shall apply, bind and inure to
the benefit of the W&ter Company, its successors and assigns,
and to,the District, its successors and assigns, and shall
not be assigned in whole or in pert by the District without
the written consent of the Water Company,.its successors and
assigns, being first obtained.
t IN WITASS WHEREOF the parties hereto have duly
executed this indenture the day and year first above written.
Att t : ASV DIEGUITO A 1'_LAL WATER COMP/
&ecretary Its
Attest: SAN bIEGUI'j'O IRRIGATION ISTPICA'
By
STATE OF CALIFORNIA, ~ SS.
COUNTY OF LOS A GI Ir S
042 t 225.._. 1 % ~~~~~ZZZZZZ -
~ day of 2 the year one thousand nine hundred and
~-6 . u-......
A. D. before me.... .
f-
a Notary Public in
and for said County of 40s,4" gels - tale o l ali f ornia, residing therein, duly cominissioned and qualified
personally appeared 6-
known to nee to be the
President, and-----.....
~7
know is to me to
be the Secretary of the
the Corporation tha xec2it
instrument known, to me to be the persons who executed the within instrument, the withi2tn
behalf of the Corporation therein named and acknowledged 'to me that rsuchcorn
poration executed the same.
IN WITNESS WH$REOF, I have hereunto set my hand and affixed my Miicial
seal in said County, the day and year ' s certificate first above written.
t
ACKNOWLEDGEDIENT-CORPORATION-3 Notary Public in and for Coun~ty~offf Los Angeles, State Of California
My Coiumiss'rd`J L8m7/ i8sio7o E~ •U6j L~. ~~x~~eFD
qr
the Water: Cor p' a, fi Is emt c yeea
3;. In, case of failure by the District to construct
said,:p,ipe line :ahd aperate the same within two years grtim this
date, all, i ghts,,given hereunder to the bistrict'ehall c.ease
and d.e..te:rin ne e
This rident.ure shall ~p'p. bind .and inure to
the benefit of. the, Witter Company, its successors arid -ass'i,gno,
end to tkie i3istr4:ct,'ts successors and ass'ins, and shall
not be assign~p4 in'whole or in :part by the District without
the. written consent of tie &ter Company,. its successors and
s
~q ~.a's$ig, being first obtained.
- ITT V"vITA'S' REOF the, parties hereto have duly
ex0cuted t6s indenture, the day and year first above written.
TIaGUITO -Mr I UAL WATER CO; AVY
By
IL Its
Attest: SAN DIED I` O IRRIGATION .IST ICT
~y
cretry. Its
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TRINITY 5951 CORPORATION BLDG.
t
724 50. SPRING ST.
SAN IDIEGO COUNTY WATER COMPANY
SAM ®IEGUITO WATER COMPANY
LOS ANGELES, CALIF.
.r n
July 28, 1925.
' ,V-
Mr. Chas. H. Webster, President,
San Dieguito Irrigation District,
Cardiff-by-the-Sea, California.,
Dear Mr. Webster:
In checking over certificates of title
covering properties of the San Dieguito dater Company in
connection with, the proposed sale to the City of San
Diego, we do not find that the agreement 'between the old
San Dieguito Mutual Water Company and the San Dieguito
Irrigation District providing a. right. of way for the
District+s pipe line adjacent to San Dieguito Dam, has
ever been recorded. This agreement was executed in
duplicate original,-one copy of which I assume is in the
files of the district, the other copy having been trans-
ferred to us by the San Dieguito Illutual `Mater Company.
You know, of course, that we wish to
protect the ,interests of the District in every way, and
with this in mind our attorney is today forwarding our
original copy of the agreement to the. County Recorder of
San Diego County for recordation. This will remove the
possibility 'of any question ever being raised as to your
right to cross the Water Company property with a pipe line
to reach the darn, in accordance with the agreement, and
we wish you to be fully.advised of the action we are
taking.
Yours very truly,
i
GAB !--HP
4 _
Santa Fe Land Improvement Co pany
E. o. FAULKNER. KERCKHOFF BUILDING
VICE-PRESIDENT
A. J. MAXWELL,
AUDITOR
Los Angeles, Calif. June 20, 1923.
Mr. 0. C. Jacobs, Secretary,
San Dieguito Irrigation District,
. Cardiff-by-the-Sea, Calif.
Dear Mr. Jacobs:
I herewith enclose you a signed copy
of the agreement between the San Dieguito Mutual
Water Company and the San Dieguito Irrigation
District, covering the easement on the pipe line
on the Water Company's lands.
This completes the two that are
necessary for this purpose. Kindly acknowledge
receipt of this and also for the Santa Fe Land Im-
provement Company's contract, and oblige.
Very truly yours,
Encl. Vice President.
F:R.