1950-30873This indenture entered into between Sarah R. Shelley, a widow,
of the County of,State of California, as grantor,
and San Dieguito Irrigation District, an irrigation district organized
and existing under and by virtue of the laws of the State of California
as grantee,
WITNESSETH
That in consideration of the covenants on the part of the San
Dieguito Irrigation District, said grantee, hereinafter contained,
said grantor does by these presents 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 purpose of locating, relocating,
constructing, reconstructing, maintaining, operating, inspecting and
repairing a pipe line or pipe lines, and all fixtures and appurte-
nances incidental thereto for use in connection therewith, for the
transmission and distribution of water and all uses and purposes in-
cidental 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 detri-
mental to the uses herein granted. Said right of ingress and egress
to be exercised with the least possible detriment and inconvenience
to the lands so used, and any damage to growing crops caused thereby,
to be compensated for by said District.
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:
PARCEL I.
Southwest Quarter of the Northwest Quarter of Section 26
and the Northeast Quarter of Section 27, all being in Town-
ship 13 South, Range 4 West, San Bernardino Meridian, in
the County of San Diego, State of California, according to
United States Government Survey approved April 19, 1881.
The route of said easement of right-of-way across the aforesaid
lands shall be as follows.-
-1-
0 . 0
BooK 3 jou 3.7
Beginning at a point on the South line of said Northwest
Quarter distant thereon South 89 281 East 503.60 feet from
the Southwest corner thereof; said point being on a 262.02
foot radius curve concave Northeasterly a radial line to
said curve at said point bearing South 46' 151 2011 West;
thence Northwesterly along said curve through a central
angle of 110 201 40" a distance of 51.88 feet; thence tan-
gent to said curve North 32 241 West 892.92 feet to a
point on the West line of said Northwest Quarter distant
thereon North 00 301 West 790.05 feet from the Southwest
corner thereof.
Thence North 320 241 West 664.67 feet to the beginning of
a tangent 1000 foot radius curve concave Southwesterly;
them e Northwesterly along said curve through a central
angle of 15 251 301 a distance of 269.22 feet; thence
tangent to said curve North 470 491 30P° West 218.91 feet
to a point on the Easterly line of Cardiff, according to
Map thereof No. 1298, filed in the Office of the County
Recorder of San Diego County November 14, 1910 said point
being distant along said Easterly line South 9b 381 East
150.32 feet from the Southwesterly line of Edinburg Avenue
as shown on said Map of Cardiff.
PARCEL 2.
Northwest Quarter of Southwest Quarter of Section 26, Town-
ship 13 South, Range 4 West, San Bernardino Meridian, in the
County of San Diego, State of California, according to United
States Government Survey approved April 19, 1881.
Beginning at the East Quarter corner of said Section 26;
thence Westerly along the East and West center line of said
Section 26, a distance of 4631.55 feet to the Northwesterly
corner of that parcel of larjd' described in deed to Monte
Griffiths et ux, recorded January 11, 1936 as Document No.
1966 in Book 469, page 64 of official Records, said North-
westerly corner being the true point of beginning of the
line herein described; thence from said true point of be-
ginning, South 200 391 East along the Southwesterly line of
said Griffiths' Land.
~Q-1
The route of said easement of right-of-way across the aforesaid
lands shall be as follows:
Beginning at the East Quarter corner of said Section 26;
thence along the East and West center line of said Section
26, North 890 251 West 3250.50 feet to the Northwesterly
corner of that parcel of land described in deed to J. B.
Reichard, recorded May 19, 1893, in Book 2119 page 332 of
Deeds; thence along the Westerly line of said Reichard Land,
South 70 55, East 630,74 feet to the true point of beginning
of the center line of easement herein described;
thence South 860 471 301' West 89.36 feet to the beginning
of a tangent 295.84 foot radius curve (concave Northeasterly);
thence Northwesterly along said curve through a central angle
of 420 121 30"' a distance of 217.9 feet; thence tangent to
said curve North 510 009 West 93.0 feet to the beginning of
2-
• f
a tangent 479.48 foot.radius curve (concave Northeasterly);
thence Northwesterly along said curve through a central angle
of 140. 219 a d;stance of 120.09 feet; thence tangent to said
curve North 36 39f West 0.89 feet to the beginning of a tan-
gent 500 foot radius curve; thence Northwesterly along said
curve through a central angle of 280 299 a distance of 248.57
feet; thence tangent to said curve North 650 089 West 391.92
feet to the beginning of a tangent 330 foot radius curve (con-
cave Southwesterly); thence Northwesterlly along said curve
through a central angle of 240 351 30" a distance of 141.64
feet; thence tangent to said curve North 890 43r 30" West
374.09 feet to the beginning of a tangent 262.02 foot radius
curve (concave Northeasterly); thence Northwesterly along
said curve through a central angle of 450 58, 5011 a distance
of 210.30 feet to a point of intersection with said East
and West center line of said Section 26, which intersection
is distant along said.center lihe South 890 28P East 503.60
feet from the Vvest.Quarter corner of said Section 26, a line
radial to said curve'at said intersection bearing South
460 15, 201Q West.
In consideration whereof said San Dieguito Irrigation District
CO
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hereby agrees to furnish to said grantor or her successors in interest
in the land traversed by said right-of-way, the perpetual right to
the use ofwater from its system at points of its line over said land
to the extent of not to exceed 1,000 gallons per day for domestic use
and stock water at the same rates and under the same regulations
established from time to time for like uses and purposes within said
district.
But if for any reason within the control of the grantee, said
grantee shall fail to furnish, or continue to furnish, water as above
provided, it hereby agrees to pay to said grantor or her successors
in interest in said land, the sum of Two Hundred. Fifty Dollars ($250000)
as consideration for said right=of=way, and as indemnity for expenses
incurred in utilizing said water.
It is expressly agreed that the grantor shall have the right, at
her 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 o.r make use of the surface in a manner not de-
trimental to the installation, construction, operation, inspection,
repair, maintenance and replacement of a pipe line or pipe lines, or
to any other purposes and uses as are or may be necessary or incidental
to the construction, maintenance and operation of the grantee9s proposed
pipe line or pipe lines.
-3-
And the grantor hereby agrees for herself9 her successors or
assigns, that she will not plant trees or construct or cause to be
~f
F constructed and maintained any buildings of structures of any nature
or kind within ten feet of said pipe line; or store or permit to be
s
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 unreasonable
interference with the use by grantor and her 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 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 her said property over and across the right-of-way in a manner
which will not interfere with the grantee's pipe lines and operations,
provided, 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 willbe interfered
with as little as possible and if interrupted, will be promptly re-
stored to use at the expense of the grantee.
WITNESS hand this day of 1950.
Q/Li
C~
' IM MQUITS. IRRI1 ATIO93 MISTMHW
y.
m
STATE OF
)SS.
COUNTY OF .~,v i To ) gooK 3,~)4 t IAGE . U 7
On this day of
A
D.,
1950,
before m®,
the undersigned, a Notary Public. in and for
the
said
County and
State, residing therein,
cbly commissioned
and
sworn,
personally
appeared Sarah R. Sh-elley, personally known to me to be the person
whose-name is subscribed to the within Instrument, and duly
acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed.
my.official seal the day and year in this certificate first above
otary Public 4*nd for 'sa~JC:!~
County and State
. .iTA.~ ~OF. )
)SSo
COUNTY OF
On this day of ~~J , A,D,, 1950, before me, a
Notary Public in and for the.said County and State, residing therein,
duly commissioned and sworn, personally appeared
known to me to be the President, and
a known to me.to be the Secretary of the SAN DIEGUITO
IRRIGATION DISTRICT, the Corporation that executed the within in-
strument, known.to me to be the persons who executed the within
instrument, on behalf of the Corporation therein named, and acknowl-
edged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I HAVE hereunto set my hand and affixed
my official seal the day and year in this certificate first above
written,
ll Notary Public in and for said
County and State
;J
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146 INDEX
SAN DIECUITO IRRIGATION DISTRICT
t
30873
PECORDED AT, lEQAlEST Wj,
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MA 217,,1950
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