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HomeMy WebLinkAbout; Citizens National Trust and Savings Bank; None: PropertyOPTI 0 N THIS AGREBiISNT, made this/^j^ day of May, 1930, by and between the Citizens Natiohal Trust and Savings Bank, as Trustee^ for 1. L. Pollard and T. J. Lawrence, hereinafter referred to as the Trustee, and the Oceanside Mutual Water Company, a'corporation, hereinafter referred to as the Company, . W IT N E S S E T H : THAT, in consideration of the sum of Ten (|10.00) Dollars, receipt whereof is hereby acknowledged, the Trustee hereby grants to the Oofepany the right and option to purchase that certain real property hereinafter described as Parcel 1, for the consideration and purcliase price, ?/ithin the time and in the manner and subject to the conditions, restrictions and reservations hereinafter set out. Description of Parcel 1 The lands herein referred to as Parcel 1 lie within the County of San Diego and are bounded and described as follows, to-wit: All that portion of Lot "D" of Rancho Agua Hedionda as per Map thereof No. 823, , Records of San Diggo County, California, described as follows: : _ i Beginning at the Northeast corner of Lot "L" of Rancho Agua Hedionda as per said Map, said point being likewise in the Bast line of Section 34, Township 11 South, Range 4 West, :S.B*B. :& M.., distant thereon North 0" 05* West:330,00 feet from the Southeast corner of-said Section 34.: thence along the Northerly boundary of said Lot "L" North 89* 43* 40" West 1323,83 feet to a point in the Nofeth and South center line of the Southeast -1- Quarter of said Section 34; thence along said last mentioned line North 0" 10» 20" West 1363.40 feetj thence South 70* 39' East 289.67 feet; thence North 65* 41» East 494,40 feet; thence North 53* 33c* East 240,75 feet; thence North 1° 32* East 76,50 feet; thence North 78* 31 East 186,23 feet; thence South 75* 29» last 230,15 feet to a point in the East line of said Section 54; thence along said last mentioned line South 0* 06' East 1676,30 feet to the point of beginning, containing 45,29 acres more or less. Term of Option This Option shall expire on the 16th day of June, 1930, and may be exercised by a notice in writing delivered to the Trustee at any time on or before said date. Purchase Price The purchase price for Parcel 1 shall be computed at the rate of One Hundred Fifty ($150,00) Dollars per acre thereof, lying South of the South line of the Yista Irrigation District, and at the rate of Three Hundred (|300,00) Dollars per acre for all thereof lying North of the South line of the said Ylsta Irrigation Distt$ct* Conditions. Restrictions and Reservations Said Parcel 1 shall be conveyed upon the exercise of this option to the Company, free and clear of all liens and encumbrances, but excepting: 1 - Ta^ceS dufe, but not payable; 2 - A restriction that at no place on said property shall there be established, located, relocated or maintained any rock crusher, rock bunker or other equipment or appurte- nances used in connection with any rock crusher; 3 ^ A reservation of a right on the part of the Trustee and its beneficiaries to enter the premises and remove -2- any number of ,small oak trees which may be'then growing upon the premises, together ?fith the right to dig aroimd the roots of such trees and remove the same in the manner customarily usfed by Mrserymen in handling trees of like sizes; also a right to be reserved in the grantor and its beneficiaries to ehter upon the land and cut therefrom as many of the oak trees novi growing thereon as the grantor, or the beneficiaries under said trust, may desire to cat, together with the right of ingress and egress to the said property to remove said trees or wood that may be cut from said trees; provided, however, that the work of r<Smoving and/or cutting trees upon the premises and/or the removal of cut trees and wood therefrom shall be so conducted as to interfere in no way with the work and project of the Company upon said property; and that such removal and cutting shall be completed prior to the time when the Company shall be ready to submerge the said lands; 4 - A right reserved by the grantor for the benefit of T. J. Lawrence and W. L, Pollard, their heirs and assigns, for the construction and maintenance of a pier or landing place on the Northerly edge of the reservoir to be constructed by the Company at a point between the Easterly and Westerly boundary lines of the said Parcel 1, to be selected by the said beneficiaries, and the right to construct an.d maintain a gate through any fence which may be established by the Company, and the right to maintain boats, not exceeding tmr^ W In number, on the said reservoir, and the right to fish therefrom and hunt thereon; provided, however, that such -3- work shall be done at the expense of the said T. J. Law- rence arfi/or W. L. Pollard, and that the said landing place shall not be used for commercial purposes, nor shall said boats be rented or used by any other than the bene- ficiaries, their bona fide guests, or members of their families. Such reseryation,shall be subject to the powers of the State of California and the County of San Diego and all other competent public authority, with respect to sanitary protection of reservoirs containing water used for domestic purposes, and in the event that such authority shall prohibit the use of such reservoir Tor boating, fish- ing or hunting, no liability on the part of the grantee thereof shall result. Further Consideratioil In addition to the purchase price herein fixed : for the said lands, the Company, in the event of.the exer- cise of this option, shall secure and convey to the Trustee that certain real property hereinafter referred to as Parcel 2 and described as follows: Description of Parcel 2 The lands herein referred to as Parcel 2 lie within the County of San Diego and are bounded and described as follow, to-wit: All that portion of Lot "D" RanOho Agua Hedionda as per Map thereof No, 623, Records of San Diego County, California, described as follows: Beginning at the North quarter corner of Fractional Sec. 35 Twp, 11 South, Range 4 West, S.B.B. & M; thence South 0* 14» West^ E125*80 feet along the North and South center line of said Sec, 35 produced within the _ Grant to the Southeast corner of *^5*^Pf^°®^. . of land conveyed by Chester Gunn and Elizabeth Gunn to Geo. L, Gunn and Chester D. Gunn by Deed Recorded Nov. 6, 1920, Page 314, Book 829 of Deeds, Records of San Diego County, --4- Galifornia; thence South 74* 39» West 730,44 feet to tlie true point of beginning; thence South 18* 27* East 267.00 feet; thence South 54* 42' 40* West 308,52 feet; thence North 20* 12' West 263,96 feet; thence North 54* 35' East 317,15 feet to the true point of begin- ning, earcepting therefrom that portion of the aboye .described parcel lying between the Westerly boundary thereof, and a line drawn parallel with and one hundreid (100) feet, measured at right angles, Easterly from said Westerly boundary. Conditions. Restrictions: and Reservations - Parcel 2 Said land described as Parcel 2 shall be con- veyed hereunder sub ject' to the following encumbrances, conditions, restrictions and reservations: 1 - Taxes due, but not payable; '2 r- A restriction limiting th© use and occu- pancy of said land to entry for the purpose of divert ing and pumping water: witii the necessary diversion works, pumping equipment and appliances for that purpose; 3-A specific restriction against the use of the said Parcel 2 for residence, camp 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 oontour; provided, however, that no reservoir con- structed thereon shall have an impounding capacity exeeeding two (2) acre-feet. Pine Line Right of Way In addition to all other considerations, the Company, in the event of the exercise of this option, shall ; provide and convey to^^ the Trustee a pipe line right of way extending from Parcel 2 in a general Westerly direction to the lands of the,Trustee adjoining on the North the lands -5- herein agreed to be conveyed to the Company, together with the right to install thereupon a pipe line, having an in- ternal diameter of twelve (12) inches or less, also such tunnels, trestles and other appurtenances as may be required for the installation thereof; also the right to maintain and operate the same, and for that purpose to enter upon the said right of way. Said right of way shall not exceed twenty (20) feet in width and shall be selected by the Trustee, but shall be located above the floTf line of the pro*? posed reservoir of the Company and in such manner as to in no way interfere with the operation of the Company of the reser- voir herein proposed to be constructed. Agreement Between Trustee and District Reference is hereby made to that certain Agree- ment recorded January 3, 19 28, in Book , Page of of San Diego County, in wttich the Citi- National -n- -i. zens/Trust and Savings Bank, a corporation, is named as First Party, and ths Yista Irrigation District is named as Second Party, and it is hereby declared to be the intent of all par- ties hereto that all rights of the parties to the said Agree- ment, as therein set out and as existing in the waters flowing in the Calavera Canyon in, upon ftnd across Parcel 1, as herein described, by virtue of the relationship of the lands and water-works of the respective parties to the said Calavera Canyon, shall continue unaffected by the transfers of the property herein described/ it b^'lng the intent hereof, in view of the fact that It ig;:,the purpose of the Company to submerge a portion of the lands of the Trustee, that the^ -6- Trustee be glTen the same rights on lands higher up in the canyon, and herein described as Parcel 2, as the Trustee would otherwise have In lands herein agreed to, be conveyed to the Conpany, and that the District shall have in-the excepted portian of said pareel of land described as Parcel 2 the same rights as it would othervj-ise have in a portion 6>f . the said Parcel 1,. uhder the said Agreement, and that the rights of both the District and the Trustee, its successors and/or assigns, shall be exercised upon lands herein described as Parcel 2, including the excepted por- tion thereof, under the same conditions, and subject to all the tems as are set forth or contained in that certain agreement between the,Trustee as First Party and the Dis- trict as Second Party, dated January 3, 1928, and hbrein- ^ before referred to; and tt is further agreed that the; execution of this document and/or,the execution of any instrument or instruments executed hereunder and pursu- ant hereto shall in no \my be construed to amount to a waiver of any right, reaffirmance, estoppal or other act in any v/ay affecting the rights of the parties hereto, as , fixed by the said Agreement, or as in any way affecting the interpretation or legal effect thereof, and that in any judicial or other determination of the rights of the parties hereto, such rights shall be deemed to be those existing by reasoin of the location of the properties and works of the parties hereto, their respective uses of water, and the said Agreement, in the same manner and with like effect as t&ough such rights continued to be possessed and/or exercised on lands herein agreed to be conveyed to the Company, Term of Option This option shall expire on the lOtb day of June, 1930, Mode of Exercise of Option At any time on or before the 16th day of June, 1930, the Company may elect to exercise this option and shall evi- dence such exercise by deLivering to the Trustee at its office in the City of Los Angeles,, a Written notice of such election, A copy thereof shall also be delivered to W. L. Pollard at his office in the City of Los Angeles, Notices of such election may be delivered to any ccmpetent persop employed by or in charge of the office of any of the parties .bntltied thereto. Upon notice tOf the election- to exercise this option, service of *ich is hereby provided, it sh^l-l be the duty of the parties hereto to open an escrow with some compe- tent escrow holder approved by all parties affected, and to place in the hands of such escrow holder the necessary moneys, instruments of conveyance and other documents and instruments sufficient to enable such escrow holder to carry out the transfer of the;properties herein involved, as contemplated by the said option. The cost of searching title to the various properties herein invDlved shall be borne bythe respective grantors. The customary charge for showing title vested in new owner shall, in each instance, be borne by the new owner. The escrow charges shali be borne in equal shares by the Trustee and the Company. -8- IN WITK^SS IHEREOF, the parties hereto have hereunto set their hands the 6.a.j and year first above T/ritten, CITIZENS MTIOK^ TRUST Al® SAVINGS BANK OF LOS AMJELES, TRUSTEE UNrfE^vITB TRUST NO. 2351. By LOS AMJELES, TRUSTEE UNMv ITB TRUST By Vice Presiddnt Assistant Trust Officer. OCEANSIDE MUTUAL WATER COIvEPMY By STATE OF CALIFORNIA, /SS. COUNTY OF LOS ANGELES j ON THIS....8gRa....day of MajT. A. D.. I9..5.a.., before me, .Me.n..J......?elfath ^ Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared known to me to be the Vice President and J»....E.t...Y.0.ig.t.9 known to me to be the Secretary of the Pce.aJl.g.ide..|fe.tu.g,.i..ff.a,t9^^^ the Corporation 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, I have hereunto set my hand and affixed my offi- cial seal the day and year in this certificate first above written. 2^Je^...%:..^.k^. Notary Public Ilp'and for said County and State. ACKNOWLEDGMENT—Corp.—Pres. and Sec—Form 102 Foundation Staty. Co. My Commission Expires Mareh 12,19S4- -9- STATS OF CALIFORNIA, ) ) SS. COUNTY OF LOS AITGELES. ) On this 88nd day of May, 1930, before ne, D, L. PATTERSON , a Notary Public in and for said County, personally appeared HALCOTT B. TEPMAS, known to me to be the Vice President and R. N. SLATER, known to me to be the Assistant Trust Offioey, of the CITIZENS NATIONAL TRUST & SA7IMJS BAM OF LOS ANGELES, known to me to be the persons 7;hose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same, on behalf of said Association, WITNESS my hand and official seal. Notall-y Public in and for the County of Los Angeles, State of CaJ-ifornia. -10-