1966-160242T
-MA11a
SAS DIEGUITO IRI. DIST,
RESOLUTION R66-46
RESOLUTION OF THE BOARD OF DIRECTORS OF
SAN DIEGUITO IRRIGATION DISTRICT ACCEPTING
RMADED AT NOW. 02
SAN DIEGUITO IRI. DIST,
A GRANT OF RIGHT OF WAY BY THE ENCINITAS J~T 4 1966
UNION SCHOOL DISTRICT nr...MINUTES PAST....,..,
SERIES 7 BOOK 9966
OFFICIAL RECORDS
SAN DIEGO COUNTY, CALIFORNIA
A. S. GRAY, COUNTY RECORDER
WHEREAS, it is the intention of the San Dieguito Ir-
rigation District to construct a.30" transmission line NO FEE
from San Dieguito Reservoir into the district,.and
WHEREAS, in the construction of this line, it will be
necessary to cross over the property owned by the Encinitas
Union School District,
THEREFORE, BE IT RESOLVED that the Board of Directors
of San Dieguito Irrigation District does hereby accept the
grant of right of way, attached hereto marked "Exhibit C"
and by this reference made apart hereof, and
BE IT FURTHER RESOLVED that the Secretary is directed
to record said grant of right of way in accordance with re-
cording laws of the State of California.
Passed and adopted by the following roll call vote:
AYES: Directors Noonan, Pearson, Bingham, Cermak
and Weston
NOES: None
ABSENT: None
I, Stanley T. Mills, Secretary of the Board of Directors
of the San Dieguito Irrigation District do hereby certify
that this a true and full copy of a resolution adopted at
an adjourned regular meeting of the Board held September 20,
1966 and that it has'not been amended or repealed.
. - - 9,~~f
Dated: /T~1(G
EXHIBIT "C"
GRANT OF RIGHT OF WAY
The undersignedtaEncinitas Union School District, a
school district organized and existing under and by virtue of
the laws of the State of California) as Grantor, of Encinitas,
County of San Diego, State of California, for and in consider-
ation of the sum of Ten Dollars ($10.00) lawful money of the
United States, paid by San Dieguito Irrigation District, and
irrigation district organized and existing under and by virtue
of the laws of the State of California, as Grantee, receipt
whereof is hereby acknowledged, does hereby grant unto said
San Dieguito Irrigation District, its successors and assigns,
an exclusive and permanent easement of right of way in, upon,
over, and across the lands hereinafter described, for the pur-
pose of locating, relocating, constructing, reconstructing,
maintaining, operating, inspecting and repairing a pipe line or
pipe lines, and all fixtures and appurtenances incidental
thereto for use in connection therewith, for the transmission
and distribution of water and all uses and purposes incidental
thereto, together with the right of ingress thereto and egress
therefrom, 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 herein granted.
The lands in which such easement of right of way is
hereby granted are situated in the County of San Diego, State
of California, and particularly described as follows, to wit:
The N2 of the W2 of the NV14 of the SW of
Section 14, Township lj South, Ran e 4 West,
San Bernardino Base and Meridian, Assessor's
#259-170-1).
The route of said easement of right of way across the
aforesaid lands shall be as follows:
The Northerly 15 feet of said property.
It is expressly agreed that the Grantor shall have the
right, at his own 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, con-
struction, operation, inspection, repair, maintenance and re-
placement of a pipe line or pipe lines, or to any other pur-
poses and uses as are or may be necessary or incidental to the
construction, maintenance and operation of the Grantee's pro-
posed pipe line or pipe lines.
And the Grantor hereby agrees for himself, his successors,
or assigns, that he will not plant trees or construct or cause
to be constructed and maintained any buildings or structures
of any nature or kind within ten feet of said pipe line; or store
or permit to be stored or use upon said right of way any blasting
supplies or explosives commonly used for blasting purposes.
And the Grantee hereby agrees that it will avoid unrea-
sonable interference with the use by Grantor and his successors
of said right of way, and agrees not to fence the same, and
agrees that the Grantor may enjoy the surface use of the land
680
herein described, subject to the conditions above stated; and
agrees to permit the installation by -the Grantor of water pipes
reasonably required for Grantor's use on his said property
over and across the right of way in a manner which will not
interfere with the Grantee's pipe lines and operations, pro-
vided, if the location is to be under Grantee's pipe line, it
must be installed subject to Grantee's supervision and approval,
and the 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. All present installed
utilities will be interfered with as little as possible and if
interrupted will be promptly restored to use at the expense
of the Grantee.
Witness our hands this . day of 1966,
ENCINITAS UNION SCHOOL DISTRICT
9. / /,-C- -
President
STATE OF CALIFORNIA )
s.s o
COUNTY OF SAN DIEGO )
On : 1E 91/ / 5_, / 5;~ ~before me, the undersigned,
a Notary Pub is -in and fo said County and State, personally ap-
peared known to me to be
the President, an known
to me to be the Sectary of the rporation that executed the
within instrument, known to me to be the persons who executed
the within instrument on behalf of the Corporation therein
named, and acknowledged to me that such Corporation executed
the within instrument pursuant to its bylaws or a resolution
of its Board of Directors.
WITNESS my hand and 0J
(SEAL)
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NO, F"._ ULIC - CALIFORNIA ,
PRi NC:IPAI_ OFFICE IN =
SAN-DIE70 COUNTY
2.
BOBBE TOWNSEIND
My Commission Expires July 10, 1990
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