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Right-of Way Agreement 1960-53381 ~1AIL TO: lJ' ~l~< ').)y If' . , ./. E~ ,/~ : / \.l~PL/ NBtlll-' ./ Rcl., :J.>e~r0 Wn ' Poway, California ./ ".\! ! ~ ~.,,- 1" " Pomz~~jo County Water District, Route 1, Box 1500, RIGHT-OF-WAY AGREEMENT / THIS AGREEMENT i8 made between CHARLES H. RICHARDS and MAURINE RICHARDS, husband and wife, hereinafter called "Grantors, "and POMERADO COUNTY WATER DISTRICT, a publlc corporation, organized and existing under and by virtue of the laws of the State .of California, hereinafter called "Grantee, " in view of the following facts: (a) Grantors are the owners of the following-described prop- erty located in the County of San Diego, State of California: 8' / 533 .l The Northeast Quarter of the Northwest ~uarter and FILE/PAGE 0 t.he North ten acres of the Northwest Quarter of the Northeast REcoRtrD'A:(R[Q-uYsf-6~uarter of Section 13, and the South Half of the South Half of the xiI - l \ -:-A Southwest Quarter of the Southeast Quarter of Section 12, all in _.'..._"_JL -~Ll.L_-V::ownship 14 South, Range 2 West, S. B. B. M., according to MAR 151960, United States Government Survey, approved Septelllber 11, 1879; AT.!.(f/MJlIUTES p:\Sr_:I-___~lso, an ease.llent and rig'1t-of-way for ingress and egress for SERIES I BOOK 1960 road purposes, to be used in common with others over the OFFICIAL RECORDS Northerly ten feet of the Southeast Quarter of the Northwest R~~RD~~~~\;~.~g~it~Aktco,Jt~:~uarter of said Section 13, EXCEPTING fro.. said North ten acres of the Northwest Quarter of the Northeast Quarter of Sec- tion 13 and the South Half of the South Half of the Southwest Quarter of the Southeast Quarter of Section 12 of the Easterly HI acres thereof. - ] Lt, 1 ,\;I~' (l . .., r"i~' ~, . ...(b) Grantee desires an easell,ent over and across portions of ~ th.r'troperty of Grantors for the uses and' purposes hereinafter described. ~ .n' (c) No part of Grantors I property lies within the corporate territory of Grantee, but the parties- desire to provide for the conse- ~ quences of future annexation of Grantors' property to Grantee. IT IS, THEREFORE, AGREED: (1) Grant. Grantors, for valuable consideration, and in consideration of the covenants and agreements of Grantee, as herein contain~d, do hereby grant to Grantee, its succesaors and assigns, an exclusive and permanent easement and right-of-way in, upon, over, and across the lands hereinafter described, for the purpose of locating, reIo- eating, cOnJItructing, reconstructing, maintaining, operating, inspecting, and repairing a pipe line or pipe lines and all fixtures and appurtenances \1. X " . .~ . incidental thereto. for use in connection therewith for the transmission R~)8 and transportation of sewage and all other 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. and other materials or growths detrimental to the usee 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 are particularly described as follows: An easement for the construction. operation. and maintenance of sewer pipe lines. and purposes incldental thereto, over. under. upon, and across all those portions of the Southeast Quarter of the Northwest Quarter, and the East Half of the Southwest Quarter of Section 12. Township 14 South. Range 2 West. S. B. B. M.. accord- ing to United States Government Survey. approved November 19. 1880. and those portions of the Northeast Quarter of the Northwest Quarter. and the Northwest Quarter of the Northeast Quarter of Section 13. Township 14 South. Range 2 West. S. B. B. M.. accord- ing to the United States Government Survey. approved August 29. 1890. lying within a strip of land 10.00 feet of even width. said 10.00 foot strip lying 5.00 feet on each side of the following- described center line: Beginning at Engineer's Station 14 i 96.98 P. O. T. on the center line of the County Road as shown on the Map of County Road Survey No. 1587. a plat of which is on fUe in the Office of the Surveyor of San Diego County; thence along sald center line. North 1054'00" East 805.92 feet to the beginning of a tangent 1000. 00 foot radius curve. concave Westerly; thence Northerly along the arc of said curve. through a central angle of 6"45'41" a distance of US. 01 feet; thence tangent to said curve. North 4051'41" West 240.66 feet to the beginning of a tangent 1000.00 foot radius curve. con- cave Easterly; thence Northerly along the arc of said curve. through a central angle of 4"31'30" a distance of 78.97 feet; thence tangent to said curve. North 0020'11" West 2203.21 feet to the beginning of a tangent 1000.00 foot radius curve. concave Easterly; thence Northerly along the arc of said curve. through a central angle of 6"35'30" a distance of 115.05 feet; thence tangent to said curve. North 6.15' 19" East 232.36 feet to the beginning of a tangent 1000.00 foot radius curve. concave Westerly; thence Northerly along the arc of said curve. through a central angle of 6035'45" a distance of US. 12 feet; thence tangent to said curve. North 0.20'26" West 1266.54 feet. EXCEPTING from the above-described 10.00 foot strip of land. any portion thereof lying within the boundaries of land now dedicated to public use. (2) General Agreements. It io expressly agreed that Grantors shall have the right. at their own risk. to use the surface of the right-of-way hereby granted. for agricultural uses; and the right to craBS or make use of the surface in a manner not detrimental to the installation -2- . . " . construction, operation. inspection, repair, maintenance, and replace- M~'U ment of a pipe line or pipe lines, or to any other purposes and uses as are or may be necessary or incldental to the construction, II alntenance, and operation of Grantee's plpe line or plpe 11nes. Grantee hereby agrees that it wlll avold unreasonable interfer- ence wlth the use by Grantors and their successors of sald rlght-of-way and agrees not to fence the same and further agrees that Grantors lIiay enjoy the surface use of the land hereln described, subject to the condl- tions above stated. Grantee further agrees that all presently lnstalled utUlties wlll be lnterfered with as little as posslble, and lf lnterrupted, wlll be restored to use at the expense of Grantee. Grantee further agrees that Manhole No.7, located at Englneer's Station 23 f 61. 97 of the above sewer line shall have soll replaced ln such manner as to do the least possible dalLage to Grantors' land. Grantee agrees that ingress and egress to the rlght-of-way pro- vlded for hereln on the road lying west of the Community Church of poway and the road leading to the resldence of Grantors shall at no time be obstructed due to the construction of sald rlght-of-way. Should Grantors' roadway be obstructed, Grantors shall have the right to remove sald obstructions at the cost of Grantee. Grantee agrees that, ln the event any of the fences on Grantors' property are removed by reason of the construction of the proposed sewer 11ne, Grantee shall restore sald fence to lts orlginal condltion at the expense of Grantee. Should Grantee faU to restore sald fences upon wrltten demand of Grantors, Grantors shall have the right to restore sald feaces at Grantee's expense. Grantee shall not ren',ove or damage trees on Grantors I property durlng construction of the proposed sewer 11ne. Grantee shall fumlsh Grantors a map showing Grantors' property and the location of the rlght-or-way thereon. Sald map shalllndlcate the -3- . . ." , ' width of said right-of-way. ~fJU (3) Future Annexation. As an inducement to Grantors for the giving of the easement herein specified. Grantee agrees. for itself. its successors, and assigns. that it will favorably act upon any petition for the annexation to its corporate territory of all of the property now owned by Grantors and hereinabove described. without the imposition of any special taxes or annexation fee. other than the payment of the actual expenses incurred in publishing and giving any notice required under the laws of the State of California then in effect. It is understood and agreed between the parties that Grantee cannot, by contract. commit the exercise of its discretionary powers in a particular manner. and it is therefore agreed that. if a proper petition for annexation is fUed within ten years from the date of this Agreement, and said petition be not granted because of protests thereto. or should special conditions be imposed upon - - any such annexation for the payment of an annexation fee or special taxes, then. and in either of said events, Grantee shall pay to Grantors, on demand. the greater of the following: (a) The total amount of any annexation fee plus the amount of any special taxes which might be then imposed. computed upon the basis of the assessed valuation of the property of Grantors as the same appears on the last equalized assessment roll of the County of San Diego, ,nade immediately prior to the filing of any petition for annexa- tion; or (b) The sum of $6, 000. 00. (4) Connection. In the event the property of Grantors should be annexed to and become a part of the corporate territory of Grantee. Grantors shall be entitled to one service connection to the sewer line to be constructed by Grantee, which connection shall be located upon any portion of Grantee'. pipe line. selected by Grantors. Such service connection shall be provided and constructed by Grantee at the request of Grantors and without cost or expense to Grantors. (5) This Agreement shall bind and inure to the benefit of the -4- . . .' . . . the parties. their successors and asslgns. !}Ill IN WITNESS WHEREOF. this Agreement has been executed. In duplicate. this Cj day of ,V 11 1\ C ~ . 1960. h. /,":;?;.(pL . 4'~ 'JJ}/l I/.!-( '}1" ~ it' i,.A 1/'.I , GRANTORS .' "', \. '. .:, ....l;. ~, )............'.... /~; ~ ~ ~.., . '.~ ", '-:,. \. tS ~..', J')IZ, ".'f ~ ::I.;: c'i-\ ,....IJ I'. .....jII:: ::;i::';:"!" ,,'f";:-. . .'- :;.;~. .. .. _.,..:.~'\?: ~?'\.,JI.._(JJ" lr,,'\) ~~ S "7 .. . ... . '. ,,". ..' ,~~ ..,#l...........? ,....... ",'" l f r I" POMERADO COUNTY WATER DISTRICT By ~~ '-"" President GRANTEE ,.... ( II c.. ,_ \. -a..r: < , A.. \" t:>.J:o..Ch~TAHY .?C,/ " ) /r/dl.-;v_.<~ M./ GRA>>~ 'r-Y' \/ -5- . .t. , . . STATE OF CAUFORNlA COUNTY OF SAN DIEGO ) ) 58. ) 90Z On this q _day of mARc A , , 1960, before me, a Notary Public In and for f1ald County and State, personally appeared G F- 0 r-GF J f< V ~ ') anil C fI r;'E !.. !-/ It J VO I\SE.t/ known to me to be the President and Secretary, respectively, of Pomerado County Water District, a pubUc corporation, that executed the within instrument, known to me to be the persons who executed the withIn Instrument on behalf of said Courty Water District. and ~ acknowledged to me that sllch District executed the within instrument . ..~...".. .';:iJ '; "':"~.'..' F.i. ,. ," .~ ~'.~...- ""':::~~'\ pu~uant to Its By-laws or a resolution of Its Board of Directors. ~ ./d?~.~;~'\~ ~,.~ ';~ .,y .:.:.-.:. " \;, 'WITNESS my hand and official seal. ':~~~''''':'~_~\v,:"~, . :~"::1;' "1 . ........-"t-.... . ........~ ,.. I,~ . .Ar " . (SEA L) f ~ ~'h ~ /I Notary Public In and for County and State h,1aJ~~~/ said STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) / TI{; =-J--7.--,~ . // I On this / 0- day of , . -r"'//.---<:'.-h/ "- undersigned, a :'-jotary Public in and for said County and State, per80n- , 1960, before me, the ,.- . \ . ~' "";1">" a"lly appeared Charles II. Richards and Maurine Richards, husband and ___.... ~./ II, ."~..; '~"~./-:';':i!;:t. .~/" '.. \, "~::.0fi.fe. known to me to be the persons whose names are !JUbscribed to the :!: : ,.:. .....~~ _.../ ,.... ~ .:c ,: .;:...... .', foregoing instrument, and acknowledged to me that they executed the same. .~.','~ , :. _.,.T ..'...., ::::.... l"~_ h . " .' " ~.)'I. '" ~ ~...-..... ,..'" ':1_ "L ..,v.'r. "M" ',,' I~',:,,~.~ ", .'" ". ""' .t'" '. .t.'Jr1~ WITNESS my hand and official seal. If; . "., ( ~/.' ,(SE!>.-U4\./;:;-Y~ c-l:' r.h.~,,-; .. Nofa.r.'::y Public In and for said County and State .. . M1CommissioD E:xpire8 Oct. 19. 1962 ':&lJ.:..t;; lu ':':.J "JHTIFY that the interoGts 1n real property ~~:eYe'1_ by the deed or. grant da ted .~i:X;""a_,,-.<:,b'Z../..':'?.!J.~....ho:iJ 7~;-~u'~'~'.~""""''''''"'~''*~-4P !'01.!l>RA])J) COU:ITY iVATER DIS1'- R.."r. a Call:] cy Via tel' DistrlC}, ia.-l1.erebv " eo otad b ~rd . "uo."" ui' !J!l'cetors on .;v.:i?,S'/S:J~\,~",,~~~~ lTy/ Yo ,. er of' its consents ,0 th.;".I'ecOrdation thereof' by l~~"'d~i;"~~th~~~z~~e o~~~~:~~ DA TED: <!:J,g~~k/(1.-./.'7..,,j,!J...n. ~ ~~:~.~:~~~~:~ -6- Sel'lretary ) )