1972-87525AGREEMENT GRANTING r7',SEM21''r."
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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
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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.
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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
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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.
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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.
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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
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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 )
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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
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'A'I DTCO COUNTY _
6. biy Ca rii"ian Evp:res Oct. 27. 19 _ZS.
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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
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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.
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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.
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