1937-27730CONVEYANCE OF WATER DISTRIBUTION SYSTEK
AND OF EASMIMTS THEREFOR
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WHEREAS, the hest Half of the Northwest Quarter, Section Four-
teen (14),~Township Thirteen (13) South, Range Four (4) West, S.B.M.,
San. Diego County, California, was annexed to and included in San
Dieguito Irrigation District on or about May 4th, 1926, and subse-
quent to the organization of such District, and upon the condition
then imposed that the owners of said tract install and perpetually
maintain all the water pipe line distribution necessary to service
said area; and
WHEREAS, it is now the desire of the property owners in said
area that said Irrigation District take over the water distribution
system constructed pursuant to said aforementioned requirement, and
that said Irrigation District now repaie and hereafter maintain said
distribution system and provide water service to the owners in said
area individually and directly instead of as heretofore, collectively;
and
HiEREAS, the undersigned are the owners severally of a part or
parts of said 80 acre tract or are otherwise each interested as
record or equitable owners or as trustees or a con-tract holders or
as mortgagees, or as beneficiaries of trust delaso, ary6fation to a
part or parts or portions of the said 80 acre trac .
NOU, THEREFORE, THERE IS HEREBY CONVEYED by the undersigned as
parties of the first part herein, to San Dieguito Irrigation District,
a state agency of San Diego County, California, its successors and
assigns forever, an easement for right of way over, across, and upon
the said lands hereinbefore described for the construction, use, and
maintenance thereon and on any part thereof, of necessary or conven-
ient water pipe lines for the water service of said area or adjacent
areas and supports and appurtenances of said water pipe lines conven-
ient and necessary for the purposes and uses of said Irrigation Dis-
trict in furnishing water to said.area or adjacent areas, together
with rights of ingress and egress over adjacent lands of the first
parties herein to the various points of said right of way necessary
for the work of construction, maintenance, or repair of such pipe
lines, supports, and appurtenances, provided, however, that such
rights of ingress and egress are 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.a
The right of way hereby granted is a strip of land-ten (10)
feet in width, the same being five feet on each side of a center
line located immediately above the several pipe lines, and the rights
of way and easements hereby granted are for all water pipe lines now
installed within said area as well as for any and all necessary or
convenient re-locations of the same or for the establishment of such
new or additional water pipe lines as may be found neceusary or con-
venient in the serving of water to any part of said area or areas
adjacent thereto.
.F., 6%
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The pipe lines shall, wherever possible, be placed and main-
tained underground and be covered by the natural soil to a depth
which will not interfere with the cultivation of the land thru
which they extend, provided that where it is necessary to the proper
gradient and construction of said pipe lines they may be carried
over depressions in said rights of way above ground and upon trestles
and other supports.
There is also quit-claimed, granted, and conveyed hereby to the
second party herein each and every interest of the first parties
herein of, in, and to the water distribution system now installed
within said areas, together with all the water distribution pipes
and other equipment and appurtenances thereof,
It is provided, however, that in the re-location of any present
pipe lines or of additions to the present system or of new pipe
lines being constructed within said area that the party of the second
part will pay to the owners of the lands affected such reasonable
damage to permanent improvements as is caused by such new, additional
or re-locating construction.
said ppistrict
This conveyance is given upon the consideration of zu'lin ~ 7
accepting; said water pipe line distribution system as the-same now is
and assuming the obligation of repairing and maintaining the same
hereafter and furnishing water to the several tracts, owners, and
occupants in said area, subject of course to the general rules and
regulations prevailing throughout such District, and at rates similar
to those which may be established from time to time by said Irrigation
District for areas similar in elevation and cost of operation,
WITNESS the hands and seals, of the first parties hereto this
17th day of May, 1937.
l~~! to .
State of C ifornia
County of
On this day of
Notary Public in eAd, for said s to
1937, before the su soribed, a
d count, pe on llq ffppe)o ell 't
known to me to be the persons whose name
scribed to the foregoing instrument, and a
executed the same.
WITNESS my hand and notarial seal
certificate first above written,
are among viose sui
ledged to me that
Lt
the day nd year i this
f
Notary Public,
State of C forni& )
ss.
County of
On this V"icliay of
Notary ;diblic jn 9P for saf
1937, before the subscribed, a
outtA personally appeared
known to me to be the person V whose name
to the foregoing instrument, and acknowledge
executed the same,
are among th se subscribed
to me that Be
WITNESS my hand and notarial seal the day and year,in this
certificate first above written.
Notary Public*
State of Calf ornia )
F ) ss.
County of J )
On this 7' day of
a Notary Pub~~Tc in and for s
i . -A I .r~
known to me to be the person whose name.~L -&F among those sub-
scribed to the foregoing instrument, and acknowledged to me that he_
executed the same.
,4ITNESS my hand and notarial seal the day and year in this
certificate first above written.
No a y Public,
..Sy
vfl]1`IY fSal~'1 ~'x C:; ,I1I13 .~~u
state of California
ss.
County of
d t'.er
On this ay of~ 1937, before the subscribed,
a Notary Public in and for said state and county, personally appeared
known to me to be the jlerson ~ whose name,4- are among those sub-
scribed to the foregoing instrument, and ac nowledged to me that he~
executed the same.
'7ITNESS my hand and notarial seal the da6y and year in this
~a
certificate first above written.
Notary Public*
1937, before the subscribed,
and county, personally appeared
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State of Califotnia. sse
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County of--''- 0
On this day of AIN---- 1937, before the subscribed,
Public in and fof said state and county, personally appeared
a Nota y
known to me to be the person-whose name among those subscribed tc
to the foregoing instrument, and acl~o~~rledged o me that-4-1h e--
executed the same.
7'ITygnS my hand and notarial seal ~iz day and year in this
certif .cite first above written. ,
Notary Public.
P.Ry Comrn~,,ri~~n ^x^i. • ~ , 1
State of Ca ifornia.
ss..
W
county ®f- ,~-1~ On th is -If = day of_______ 1937, before ~e subscribed,
a Notary P lii and for a state nd coun y ersonally appeared
known to me to be the same person whose name-D- are among those
subscribed to the foregoing instrument, and acknowledged to me that
T',.e- exocuted the same.
Titn s my hand and notarial seal ta e day and year in this certificate
first above written.
Notary Public
Lc Couinrission Expires Dec. 14, 1NG
StR e of Ce for iia ) sly.
Co 9 ; y of- )
On this --airy. of 1937, before the sdbscribed,
a Notery Public and for d W county, personal.y appeared
l~ .
kno-n to mp to be the pegsonw_~~hase name
4 ~ -qte ardong those subscribed tc
to t .a f-,jr.~Igoing i trulent, and ackno-7ledgeol to rye that-- he
executed the same.
' I `I11ESS my h m d and notarial seal Atha sn r in this
certifi.~~-te first above written. _-__---___w-
Notu,ry Public.
J:.' ;0.1 Expires Dec. 14, 19,11
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'Sto to of Californ'.a
~ t:~1e day of------ , 19370 before; it'se subscribed,
t' `71otn!.y PijbiAc ~ -,mid! for :paid stags hrd comty, personally ap-oeared
ate - ~i 1 ' _-w_----
k'norn to me to be the same persons. TJnoee named are anong those
subscribed to the foregoing instrwAent, and acknowledged to me that
executed the amore.
r?i tnaas ny hivmd mda notxial Beal th e dc: y and year in this certificate
first above i,7rittm.
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Recording requested by:
San Dieguito Water District
When recorded, mail to:
Secretary
San Dieguito Water District
P.O.Box 231010
Encinitas, CA 92023
OFFICIAL RECORDS
1471 SAN DIEGO MINTY RECOW S OFFICE
GREGORY SMITH, CITY RECORDER -
FEES: 0.00
RESOLUTION NO. 94-20
A RESOLUTION OF THE BOARD
OF THE SAN DIEGUITO WATER DISTRICT
APPROVING A SUMMARY VACATION OF
PORTIONS OF WATER EASEMENTS
Assessors Parcel No. 259-310-39
WHEREAS, a request for vacation of portions of water easements has
been submitted by Stephen Mascaro;
WHEREAS, the vacation proceedings were conducted under Chapter 4,
Part 3, of the State of California Streets and Highways Code;
WHEREAS, the easement has been superseded by relocation and there
are no other public facilities located within the easement.
NOW, THEREFORE, BE IT RESOLVED that the Board of the San Dieguito
Water District approves a summary vacation of those portions of the
water easements recorded on June 29, 1937, in Book 660, Page 181;
recorded on July 24, 1939 in Book 931, Page 26; and recorded on
October 27, 1960 as File No. 213426, all of official records, lying
within the property described in Exhibit "A" enclosed, in
accordance.with the following:
1. The project as proposed is exempt from environmental
review pursuant to the California Environmental Quality
Act Guidelines, Section 15061(b)(3).
2. There is no present or prospective public use for the
easement.
BE IT ALSO RESOLVED that the Secretary of the San Dieguito Water
District shall cause a certified copy of the Resolution of
Vacation, attested by the Secretary under seal, to be recorded
without acknowledgement of further proof, in the Office of the
County Recorder. Upon such recordation, the vacation process shall
be deemed complete.
DOC 1994-0690950
0DEC_1994 11:29 AM
RES4209