2017-12 Quitclaim Water Easement - Sherwood RESOLUTION 2017-12
A RESOLUTION OF THE BOARD OF DIRECTORS
OF SAN DIEGUITO WATER DISTRICT
APPROVING QUITCLAIM OF WATER EASEMENT
ASSESSOR PARCEL NOs 261-094-41 AND 261-094-42
WHEREAS, Linda Sherwood (aka Erlinda Sherwood) as Sole Successor Trustee
of the Guerrero Family Trust dated April 18, 1997 is the owner of Assessor Parcel Nos.
261-094-41 and 261-094-42;
WHEREAS, said water easement was dedicated to the San Dieguito Irrigation
District on March 7, 1950 in Book 3529, Page 408 of Official Records in order to install a
30-inch transmission main on said property;
WHEREAS, the San Dieguito Water District is successor in interest to the San
Dieguito Irrigation District;
WHEREAS, the San Dieguito Water District has abandoned or removed said
transmission main in accordance with District standards within the property and the
underlying property owner has accepted those facilities not removed; and
WHEREAS, the easement is no longer necessary, and it is in the District's interest
to quitclaim the easement to the underlying property owner.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the San
Dieguito Water District order as follows:
1. That the quitclaim deed be granted and is approved.
2. That the General Manager of the San Dieguito Water District is authorized
and directed to execute the quitclaim deed on behalf of the District.
PASSED AND ADOPTED at a regular meeting of the Board of Directors of San
Dieguito Water District held on the 16th of August, 2017, by the following vote:
AYES: Blakespear, Boerner Horvath, Kranz, Mosca, Muir
NAYS: None
ABSENT: None
ABSTAIN: None
Tony Kranz, Pre ' nt
Attachment 3 — Quitclaim Deed
RECORDING REQUESTED BY:
SAN DIEGUITO WATER DISTRICT
WHEN RECORDED MAIL TO:
SAN DIEGUITO WATER DISTRICT
160 CALLE MAGDALENA
ENCINITAS, CA 92024
This space for recorder's use only
APN's: 261-094-41-00 and 261-094-42-00
QUITCLAIM DEED
OF PUBLIC WATER EASEMENT
SAN DIEGUITO WATER DISTRICT
DOCUMENTARY TRANSFER TAX is $ 0 since the easement has no value
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAN
DIEGUITO WATER DISTRICT, an Irrigation District of the State of California, hereby
release(s) and forever quitclaims to:
OWNER OF RECORD: Linda Sherwood (aka Erlinda Sherwood) as Sole Successor Trustee of
the Guerrero Family Trust dated April 18, 1997
the following described real property in the City of Encinitas, County of San Diego, State of
California:
An easement for water pipe lines and incidental purposes as granted to the San Dieguito
Irrigation District on March 7, 1950 in Book 3529, Page 408 of Official Records for 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, inspecting and repairing a pipe line or pipes lines, and all fixtures
and appurtenances incidental thereto for use in connection therewith, for the transmission
and distribution of water and all uses and purposes incidental thereto;
Route of said easement of right of way across the aforesaid lands was described as follows:
The premise over which this easement extends is described on Exhibit"A" and Exhibit "B"
attached hereto and made a part of.
The above described real property being quitclaimed has an abandoned 30-inch concrete cylinder
pressure pipeline buried below the surface of the ground. By signing this form, the Owner of
Record acknowledges that all easements being quitclaimed are being left in place in an "as-is"
condition. Owner of Record acknowledges that the San Dieguito Water District is conveying all
rights, title, and interest to the easement, right-of-way, and abandoned pipeline to the Owner of
Record in an "as-is" condition. Owner of Record further acknowledges that the San Dieguito
Water District does not warranty the condition of any abandoned pipe nor guarantee its fitness for
any purpose. Owner of Record agrees to defend, indemnify, protect, and hold harmless the San
Dieguito Water District, each member of its Board of Directors, agents, officers, and employees
from and against any and all claims asserted or liability established for damages or injuries to any
person or property, including bodily injury to the Owner of Record's employees arising out of or
in any manner directly or indirectly connected with the Owner of Record's use of the quitclaimed
easement, right-of-way, and abandoned pipe, however caused, except for sole negligence, willful
misconduct, or active negligence of the San Dieguito Water District.
PROPERTY OWNER
Dated: By:
Linda Sherwood
Owner of Record
SAN DIEGUITO WATER DISTRICT
Dated: By:
William C. O'Donnell
General Manager
San Dieguito Water District
(ALL SIGNATURES TO BE NOTARIZED)
EXHIBIT "A"
Quitclaim of Public Water Easement
San Dieguito Water District
Legal Description: Quitclaim Water Easement
That Water Easement granted to the San Dieguito Irrigation District by
Book 3529, Page 408, recorded March 7, 1950 of Official Records of the
Office of the Recorder of San Diego County:
Being portions of Lots 9 to 16, inclusive in Block 12 of Cardiff in the County
of San Diego, State of California, according to Map No. 1298, filed
November 14, 1910 in the office of the Recorder of San Diego County,
State of California, more particularly described as follows:
Route of said easement of right of way across the aforesaid lands was
described as follows:
Beginning at a point on the Easterly line of said Block 12 distant thereon
South 90 38' East 150.32 feet from the Southwesterly line of Edinburg
Avenue as shown on said Map; thence North 470 49' 30" West 213.53 feet
to the Northerly line of Lot 41 in said Block 12.
Above said route of right of way was for a 30-inch pipeline; width of said
right of way was describe in the easement as being ten feet either side of
said pipeline. No
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