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1987-538252nCVvrNuluoa v- Return to : San Dieguito Wator Di `strict g _ d 9 d - yZ D _ 59 East "D" Street - 1099 Encinitas, Ca 92024 The undersigned, Shell Oil Company a Delaware Corporation with offices at • ...511..N.....Brookhurst St. in. ..Anaheim CA 92803 . as Grantor...., X&...J.Q5...Eiar_aJ1i.taS...~1.Y.41x...1x?cini,taeounty Of...San_-Dieg-o.......... State of..California f`o in consideration of the sum of Ten Dollars ($10.00) lawful money of the United States, paid' by San Dieguita District, an irrigation district organized and existing under and by virtue of the laws of IttLef California, as Grantee, receipt whereof is hereby acknowledged, does hereby grant unto said San Dieguito' 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, in- specting and repairing a pipe line or pipes lines, and all fixtures and appurtenances incidental thereto for use in con- nection 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, explosive, trees, and other material or growths detriment- al 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 Diega, State of California, and particularly described as follows, to wit: Parcel 2 in the County of San Diego,-State of California as shown on page 14490 of Parcel Maps, filed in.the office of the County Recorder of San Diego.County,_. ptemb 30 19 6. 'phis is to cer Ily that h,81h rX in real pruperi;, conveyed by the deed or grant dated by, 87 from lUa to San iegu o Water District, a governmental agency is hereby accepted and the grantee consents to recordation thereof by its duly authorized officer. Dated o2 b The route of said easement of right of way across the foresaid lands s 1 be as follows: Beginning at the southeast corner of said Parcel 2; thence north 010 20' 06" west 27.00 feet; thence north 280 03' 01" east parallel with that course having a bearing-and distance of (north 280 03' Ol" east 78.98 feet) in the easterly"line of said Parcel 2 a distance of-56.56 feet; thence north 010 20' 06" west parallel with that course having a bearing and distance of (north 010 20' 06" west 129.86 feet) in the easterly line of said Parcel 2 a distance of 86.39 feet; thence north 310 57' 20" west 43.16 feet to a point in the northerly line of said Parcel 2, distance north 890 21' 53" west 33.00 feet from the north- east corner of said Parcel 2 the above sidelines of the 15 foot easement to be prolonged or shortened to terminate in the southerly, easterly and northerly lines of said Parcel 2. Easement shown as Exhibit "A" attached. 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, 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 Grantee's proposed 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 unreasonable interference with the use by Grantor and his succes- sors 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 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, 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 installa- tion 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 ............................hand........ this ........tQ~.1S ....day Witness s' M. MOb Witness Notaries: Use proper form on back. of..... .Q~~.. . Sri. T A t es S. J SHELL OIL COMPANY STATE OF County of ss. GENERAL FORM i , . ON THIS ................day of............................ A. D., 19........, before me................................... a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared •-------•---.........personally known to me to be the person.... whose name ....................subscribed to the within Instrument, and duly acknowledged to me that he.... 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. Notary Public in and for said County and State CORPORATION FORM d STATE OF C~X County of .~°.``W'N. S ON THIS. ~\.S.. lday of.... ~!..U.1 "........A. D., 19.T!, before me,.-- ~IXF7 C .1.. a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personall appeared known to me to be the. _--..P4 estderrt and .Q ......------V-----( . known to me to be the..!. Secretary of the M...........6..k`..----.`jJ~1 piN....................................... the Sorporation 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 same. IN WITNESS WHEREOF, have hereunto set my hand and affixed my official seal the day and yea i this ce 'ficaate first above written. LAX ---31-------- Notary Public in n for said County and State ~ Z 1 D n ~ Z r n w w m H (o W G~ In z >z a P3 O p 0 a a °o n _X O G b O _ 0 Co ?b Fj• rt `c O rt .n cn td D ~ C ~ n a. 0 C5 WITNESS FORM STATE OF 6Ri1TX ss. County of Zan-Hrege _ QQ \ ON THIS..a\S ---.day of. J.9\ . ..............A.D., 19D.-~ before me..... N qRC . a Nota Public i and for the said County and State, residing therein, duly commissioned and sworn, personally appeared V. V\ \ Z .............................................•--............................------------......------------known to me to be the person...... vhose name subscribed to the within Instrument, as a subscribing Witness thereto, who being by me duly savor , Q~ depose and say.... :~That he................ reside......... in the said County of -Hiego, State f-~alrferr6, and tha;......he.G+.R~.... present and saw .0 .\~CS . . ..••---•--------------...;..--•----.......---•---••---..........personally known to hX-t!S..... to be the same person described in and whose name....)5......subscribed to the within and annexed Instrument, sign, execute and deliver the same,. and he............ acknowledged to said affiant that he........ executed thp' same; and that said affiant subscribed............ h.1------- name thereto as a Witness- • ' . IN WITNESS WHER O , I have h unto set my hand and affixed my official seal the day and year in tt ,~'s certificate t above written. ---i- - Nota yPublic n and fors 'd ounty and State (NOTARIES: Please use the General Form for individual signers, t e Witness Form only for itnesses) 1~11,~.'F~ T O L~, C Cp M pL'~ N L:. t~ C L~, t- C r=- I t eJ t•-1 . ; or- 15 FOOT WAT'E R EAS c 8 2 c:j S 3 w e w ~r,. 1 'ws ' TXHIBIT "All ' TO RIGHT bF WAY 'EASEMENT 0 BETWEEN SHELL OIL CO. AND ' • s t SAN DfiEQUITO WATER. DISTRICT HAYES & ASSOC..~INC. ~ CIVIL ENGINEERS/SURVEYORSADLANNERS Y 3621 W. MACARTHUR BLVD, 6UITE 120 l t~ SANTA ANA CALIFORNIA 92704 (714) e79-7181 . k. a 41 av ~MI~: ` :••`w•...:.i lo.~4... S~cp2,, 2- E'4.lClNl`T'.~S i~LVCj L 110; ADMINISTRATION MANAGER - CORPORATE REAL ESTATE PURCHASING AND ADMINISTRATIVE SERVICES Certificate of Authority S. J. Paul certifies that he is Assistant Secretary of Shell Oil Company, a Delaware corporation; and that pursuant to the By-Laws of the Corporation, the Board of Directors has duly empowered the President to prescribe in writing the authorities and duties of any officers which he may deem advisable and appropriate and to authorize any officer of the Company to further delegate the authorities delegated to such officers and that pursuant to such powers, the President has so authorized a Senior Vice President, who then delegated such authority to a Vice President; and the following completely and correctly sets forth the authority currently, delegated by said Vice President to the Manager - Corporate Real Estate, now or hereafter appointed: in the Company's name and on its behalf, to execute, deliver, accept, assign, amend, extend, terminate or release any instruments or documents, including (without limitation) conveyances of properties (real or personal), agreements of any nature including non-recourse promissory notes and deeds of trust and mortgages related to such non-recourse notes, but excluding grants of security interests other than releases and quitclaim deeds for the purpose of clearing public records of satisfied security interests; and to execute and deliver certificates, returns and reports of any nature, which he may deem advisable or appropriate in the normal course of the Corporate Real Estate business of the Purchasing and Administrative Services Organization of the Company. It is further certified that E. D. Ellis is Manager - Corporate Real Estate in the Purchasing and Administrative Services Organization of the Company. ADM-31 1103 IN WITNESS WHEREOF, this certificate is signed and sealed with the Company's corporate seal on July 21, 1987. UNITED STATES OF AMERICA § STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, on this day personally came S. J. Paul , to me known, who being duly sworn, said that he is the Assistant Secretary of Shell Oil Company, a corporation formed under the laws of the State of Delaware, United States of America, and that he knows the seal of the aforementioned corporation, and he says that he has executed the aforementioned document as the act and deed of the aforementioned corporation, for the purposes recited therein and in the capacity recited therein. WITNESS my signature and official seal -on this the 21St day of July 1987. G _.r~_ _ Claudia J. Gay is Notary Public in and for the State of Texas. 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