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HomeMy WebLinkAboutVista Irrigation District; 1930-06-10;AGREEMIHT mis ACSREMMT, siade this day or May , 1930, by and between tte 7ISTA IRRIGATIOK DISTRICT, a publio ©or- poration, hereinafter referred to as th© District, and the OCEANSIDE BSJTtJAL WATER COMPAUY, a corporation, hereinafter referred to as the Company, WXTNESSETH J THAT, In consideration of the sum of Ten {|10«00) • Dollars, reoeipt whereof is hereby aotoowledged, the Distriot, at the option of the Coinpeny, agrees to remise, release and quit olaim unto the Company all of the Distriot»s right, title and interest in and to that certain real property lying within the County of San Diego and hounded and desoribed as follows, to-wit\ DeeoriPtion of Paroel 1 The lands hflirein referred to as Paroel 1 lie with- in the Ooxmty of San Diego and are bounded and desoribed as follows, to-witI All that portion of Lot "D** of Raneho Agm Hedionda as per Map thereof No* 823, Records of San Diego County, Califomia, desoribed as follows! Beginning at the Northeast corner of Lot "L" of Rancho Agua Hedionda as per said Map, said point being likewise in the last line of Section 34, Township 11 South, Range 4 West. S#B.B, & M», distant thereon Korth 0* oe* West 330«Q0 feet from the Southeast ©omer of said Section M| thence along the Northerly boundary Of said Lot n." North 89" 43» 40" West 131^483 feet to a point in the North and South center line of the Southeast Quarter of said Seotidii 34} thenoe along -1- said last laentioned line North o^ 10* West 1363.40 feet? theace South 70* 39* Sest g09#67 feetI thenoe North 65* 41* last 494«40 feetj thenoe North 53" 33* East 240•75 feetj thence North 1® 32* East 76.50 feet} thence North 78* 31* last 186»23 feet; thenoe South 75® 89* East ^0.15 feet to a point in the East line of said Section 34| thenoe along said last mentiOMd lin© South 0* 06* East 1676«30 feet to ttm point of beginning, containing 45#S9 acres loore or less* la further consideration of tho said quit claim, the Company agrees that upon its elect ion to require said quit claim, it will procure and convey to the District that certain real property in the County of San Diego described as follows, to-witJ All of that portion of the parcel of land hereinafter desoribed, which lies Westerly of a Hae drawn para- llel with and One Hundred (100) feet, at rii^t angles, Easterly from the Westerly boundary line of said following desoribed pareel of land. Said pareel of land, the Westerly portion of which ie hereia Agreed to be comreyed, is described as follows, to-wit: DesoriPtioja of Pari^el 8 All that portion of Lot "D" Rancho Agua Hedioada as per MSp thereof No* Heccords of San Diego-Bounty, California, described as follows 1 Itogliming at tho North Quarter coorner of fractional Sec* 35 Twp* 11 South, Range 4 west, l*B.B»&llj thenoe South 0* M* West 2125#80 feet along the North and South oeiter line of said Sec* 35 produced within the QtTmt to the Southeast ecmer of that paroel of land oonTeyed by Chester (3uan and llisaabeth Qunn to Geo* L* Quan and Chester D» Qunn by I^ed Recorded Nov* 6, 1920, Page 314, Book 829 of Deeds, Records of San Diego County, California J thenoe South 74'» 39* West 730*44 feet to the true point of beginning} thenoe South 18* 27* East 267*00 feetj thence South 54* 42* 40" West 308*52 feet} thence North 20* 12* West 263*96 feetj thence North 54» 35* East 317*15 feet to the true ?oiat of beginning, excepting therefrom hat portion of the ebove described parcel lying between the Westerly boundary thereof, and a Hae draim parallel with and one hundred (100) feet, measured at right angles. Easterly from said Westerly boundary* Said last described parcel of land shall be «ws- yeyed to the District subject to the following conditions, restrictions and reservations: 1 - Taxes due, but not payable} 2 - A restriction limiting the use and occu- pancy of said land to entry for the purpose of diverting and pumping water with the necessary diversion works, pumping equipment and applianoes for that purpose} 3-A specific restriction against the use of the said Parcel 2 for residence, oaap or other form of human habitation} 4 - A restriction limiting the height of any dam or diversion works constructed thereon to the level of the 244-foot contour} provided, however, that no reservoir constructed thereon shell have aa iarpoundiag capacity exoeed- iag two (2) acre-feet* It ie understood by end between the parties here- to that the poriion of said last above described parcel of land lying Easterly of the said line drawa parallel with and -3- One Huadred (100) feet Easterly of the Westerly boundary of said parcel is to be conveyed to the Citizens National Trust aad Saving Bank, as Trustee for w* L* Pollard aad T* Lawrence} and it is the intent of the parties hereto that the respective rights of the said Trustee and of the Distriot eonseraing the waters flowing in the Calavera Oaayoa shell continue aaaffeeted by the transfers of property herein described, it being the intent hereof to provide sites for the said Trustee and for the Distriot, respectively, whereupon they may exercise all rights which they might heretofore have exercised upon certain lands to be oonreyed by the Trustee to the Company} and that nothing herein cont^ned, or contained in any instrument executed hereunder, shall be construed to amount to a waiver of any right on the part of the District, or a reeffiDaaace, or amount to fin estoppel in any way affecting the ri^ts of the parties hereto, or in any way affecting the interpre- tation ©r le^l effect of aay coatract betweea the District aad laie said Trusteof and in aay Judicial or other determina- tioa of the ri^ts of the parties hereto to the waters of the Calavera Caayoa, such rights ihaU be deemed to be those existing prior to the execution hereof, and shall be given like effect as though such ri^ts ioatinued to be exercised upoa laads of the Trustee to be conveyed to the Ccsupany* thUess notice of election on the part of the Coiapaay to require the Gm^any to require the quit claim herein agreed to be made shaH be delivered to the District oa or before the 16th day of 3\tm, 1930, this contraot shall terminate iaad be of no further force or effect* In the event of the delivery of such notice, it shall be •4—, mm the duty of the District hereunder to place its quit claim Deed in escrow, witih appropriate instructions to carry out the provisions hereof* All the expenses for suoh escrow shall be borne by tho Coiapany* IN WlTimss mmim, the partiee hereto have heSreonto set their heads the day and year first above written* COUNTY OF SAN DIJ^GO ) STATS or' CALIFORHIA ) c^-p:^, day ot3±PrU m the year 19 , rS^^d^ a^iMotfi/y Public in and for the saT(i"Coun-fcy of On tills officS/seSTJ'^f have-hereunto set my-ha^d-andTmi^d my oincial seal the day and year m this certificate first above written. ^ .... - NoTary Publio""iB X-Z" foi^^"TlBuKtF of San Diego, State of California. STATS OS* CALZ70I«XA cotgrnr ty ^ ^^/^ ss* On thi* fT' day-of^iSv 1930, b«for» WILBERT BURKgRt a Kota; Lbli9 '^ft :aad 'iife^ Sillily In 1^ •f^-'lha '"' Octtaw af z^ ^^^w^ Slata of Gaufera&i^ My ComWUiM expires Dec. 12,1932