Loading...
1972-87525AGREEMENT GRANTING r7',SEM21''r." i a ,sue- 3 ~ F11.E/P/1GF 110 i-4-- 1►rST>7F l_ 1 52'. / Aea 19 1 ~ ~g A111 ' j ~ SA}I nI~G U L'oi,►, l Y. c 4t1 , RCCHORZ THIS AGREEMENT is executed by SAN DIEGUITO UNION HIGH. SCHOOL.DISTRICT, a school district.organized under the laws of the State of California, hereinafter referred to*as the Grantor, and SAN DIEGUITO IRRIGATION DISTRICT, an irrigation district organized under the laws of the State of California, hereinafter referred to as the Grantee. In consideration of the agreements of the Grantee hereinafter set forth, Grantor hereby grants to Grantee a permanent easement for the purposes hereinafter set forth in that certain real property situated in the County of San Diego, State of California, specifically described•on the document attached hereto, marked "Exhibit which is hereby incorporated herein by reference, and a temporary easement for 48 months (beginning June 1, 1973 and terminating May 31, 1977) for construction purposes in that certain real property situated in the County of San Diego, State of. California, specifically described on the document attached hereto,..marked "Exhibit B", which is hereby incorporated herein by reference. The easement across the property described in Exhibit A is granted to be used for the following purposes: to For the construction, operation, repair and 1, r iJ;~ it /li'LL C; (.;..i c• V i;, tl;.~LP~T!! ~Y 11;!`.NSF~~t TAX maintenance of a reservoir within which to store and hold water for the use of Grantee, together with all pipe fix- tunes, fittings and appurtenances which may be necessary or customary for the operation of said reservoir. t 6,7, C/ f, I,.~'o7 C.Xc1 N0 F~2 1614 2. For access to and from said reservoir across the above described property for persons and equipment. 3. For all purposes reasonably required to carry out the purposes above set forth. In consideration of the granting of the above easement, Grantee hereby agrees: 1. At least 3 months before construction of the reservoir above mentioned is commenced, to install a sprinkler system in the playing field known as the Boys. Club Field, to seed said field, to maintain and water it for a period of 3 months, and-to fence it so that it may thereafter be used by.Grantor as a substitute field during the construction of the reservoir. Grantor shall maintain said field at its own expense beginning 3 months-after Grantee has seeded it. 2. Prior to use of the reservoir, to erect a chain link fence 8 feet high along the west side of the property described on Exhibit B attached hereto and along the south side of the property to the bottom of the first level with a gate 10 feet wide for entrance of Grantee's maintenance vehicles, 3. Prior to use of the reservoir, to construct dirt ramps 4-8 feet in width (1) from the south end of the lower field (which is the most westerly of the 2 athletic fields now located at Oak Crest Jr. High School) to the upper field (directly east of and approximately 12 feet above the lower field), and (2).from the upper field to the level 2. of the school buildings, each ramp to be paved with asphalt concrete paving. 4. The reservoir to be constructed pursuant to the easement above granted shall have floor, walls.and roof z constructed of reinforced concrete. Grantee shall place approximately two feet of soil on the reservoir roof, the top four inches to be good top-soil: The elevation of the top of the reservoir shall be at or about elevation 348 feet above sea level. The elevation of the north end of the field constructed on top of the reservoir shall be the same as the elevation of the south end of the same field (which is not on top of the reservoir). The reservoir will be capable of holding approximately two and one=half million gallons of water. 5. No vents or structures of any.kind will protrude above the surface of the ground. However, the reservoir roof may have not to exceed 4 manholes 3 feet in diameter; these will be covered with earth as above specified except- ing that Grantee in the event it is necessary to enter the reservoir through a manhole may remove the necessary surface dirt for such entry; in such event the manhole will be replaced and the dirt and surface restored to the previous condition as-rapidly as possible and with as little incon- venience as possible to Grantor. Written notice of intention to use a manhole in this manner shall be given to the Grantor not less than 24 hours before such entry is made, and except in case of public emergency no such entry shall be made at a 3. I ,r IGIG time which interferes with the use of the.playing field for a regularly scheduled interscholastic athletic performance. 6. The reservoir will-be constructed with vents and access entries in the side of the reservoir adjoining the County Road on the west side of the above described property. These openings will be above the surface of the County Road and below the top of the reservoir. 7. The Grantee will obtain and maintain compre- hensive public liability insurance in a company or com- panies acceptable to the Grantor covering all of Grantee's activities upon the premises, including the construction, operation and maintenance of the reservoir, and naming Grantor as an additional assured in an amount of $250,000 for injury to one person, and $2,000,000 for injury to more than one person. Each such policy will provide that it may not be cancelled without 30 days' prior written notice to Grantor. The rights of the district.to use the reservoir shall cease upon the cancellation of such comprehensive public liability policy unless a new replacement policy is obtained before the effective cancellation date, 8.' The Grantee will defend the Grantor in any action against the Grantor arising out of the construction, operation or maintenance of the reservoir (but not arising out_of the use of the surface of the field unless the action is based upon some specific act of Grantee which it is con- tended contributed to complainant's injuries). 4. i X61'7 9. Grantee warrants that the surface of the earth above the reservoir will be useful and usable for athletic activities subject only to the right reserved to the Grantee specifically in paragraph 5 above. 10. Grantee warrants that it will comply with all statutes and ordinances of the State of California and of the County of San Diego, and that if requested by Grantor so to do Grantee will submit plans for the construction to the California Office of Architecture, 11. After the reservoir has been constructed and the earth upon the top of the reservoir compacted and. leveled as provided in paragraph 1 above, Grantee shall not be responsible for the maintenance or upkeep of the surface of the ground or the playing field on top. of the reservoir excepting to the extent specifically required by the provisions of paragraph 5 above. This agreement is executed on the day and year above set forth by the officers of Grantor and of Grantee who have been authorized so to do by their respective Boards of Directors or Trustees. SAN--DIEGUITO U "N HIGH SS BY BY APPROVED: Attorneys for SAN DIEGUITO UNION' j HIGH SCHOOL DISTRICT 5. OL DISTR Grantor SAN DIEGUITO BY it APPROVED: GRAY, Y, BY & FR 'JOHNvM. CRANSTON t'orneys for SAN DIEGUITO RRIGATION DISTRICT STATE OF CALIFORNIA DISTRICT GrON Gran ss COUNTY OF SAN DIEGO ) • n~ A-~ ,L ~ 7~ On Recce cer _3_, E 7a, before me, • the undersigned, a Notary Public in and for said State, personally appeared 'Di 6W vv_ ;1c' 1/1e ~ known to me to be the President, and Juu~~~s 1 _ Fotmi6i. T known to me. to be the Secretary of d SAN DIEGUITO UNION HIGH SCHOOL DISTRICT that executed the within instrument and acknowledged to me that such school district executed the same. Notary Public in and . for the State of California My commission. expires CS-T 2-~ (9 7 ST i, OFFICIAL SEAL NANCY E. TAYLOR I. Y.! 71MIC • CAL-tOZ!!Lq \'s ZJ_'i'/ ~ ^"fi": L gFFtf.E IY 'A'I DTCO COUNTY _ 6. biy Ca rii"ian Evp:res Oct. 27. 19 _ZS. T 1619 STATE OF CALIFORNIA ss COUNTY OF SAN DIEGO ) On December 1971, before.me, the undersigned, a Notary Public in and for said State, y personally appeared F. J. CERMAh, known to me to be the President, and STANLEY T. MILLS, known to me to be the Secretary of SAN DIEGUITO IRRIGATION DISTRICT that executed the within instrument and acknowledged tome that.such irrigation district executed the same. C'"i CIAL '.al nV 14 7'e F, AN L1r~CNmrossicn E:p"^es rcl~28, 1974 Notary"Public in and for the State of California My commission expires: 7. 1620 SAN DIE GUITO UNION HIGH SCHOOL RESERVOIR SITE PARCEL 1 All that portion of the Northwest quarter and the. Southwest quarter of Section 14, Township 13 South, Range 4 ;rest, San Bernardino Meridian, in the County of San Diego, State of California, according to official plat, and being described as follows: COMMENCING at the intersection of the North line of the Southwest quarter of Section 14, and the Easterly Right of Way line of Balour Drive as shown on Assessor's Map, Book 259, Page 18, said point being the true point of beginning. Thence S 0° 42' 38" W 85.00 feet, thence S 89° 39' 21" E 195. 00 feet, thence N 0 ° 42' 38" E 195.00 feet, thence N 89° 39' 21" W 95.00 feet, thence N 0° 42' 38" E to an intersection with the North line of the South 1/4 of the South 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 14, thence Westerly 100. 00 feet to an intersection with the Easterly Right of Way line of Balour Drive, thence along said Easterly line S 0 ° 42' 38" W 165. 00 feet to the .true point of BEGINNING. 1 1 I t J ~ SAN DIEGUITO UNION HIGH SCHOOL RESERVOIR SITE PARCEL 2 , A temporary easement and Right of Way for construction purposes being described as follows; COMMENCING at the intersection of the North line of said Southwest quarter of Section 14, and the Easterly Right of Way line of Balour Drive as shown on Assessor's Map, Book 259, Page 18, thence S 0' 42' 38" W 85. 00 feet to the true point of beginning, thence continuing S 0' 42' 38" W 80. 00 feet, thence S 89 ° 39' 21" E 255. 00 feet, thence N 0° 42' 38" E 275.00 feet, thence N 89° 39' 21" W 60. 00 feet, thence S 0 ° 42' 38" W 195. 00 feet, thence N 89 ° 39' 21" W 195. 00 feet to the true point of B,EGLNNLNG. I f :f i :I 1 d i i I f t ; t i } `e i R 1 c ; i i { i' 1 ~ t~ f is t i` Iis t l i i 1 I 1