1988-29569Return to: 1�'i % trict - p cj 1, c�
' 59 East 'VAK treet 0
Encinitas, 92024 J y 3
The undersigned,
George T., Elgin T. and Grace R. Kelly
--- ---- ---- --• ....................................................... .....................
.................................................•--•---......................... ............................... --•--•--------------------........................ ............................... ---•--................---------
as Grantor..s, of... C i t y o f E n c.. n i.. a ., county of... S a n Diego state of... Calif o r n i a
for an in consideration of the sum of Ten Dollars ($10.00) lawful money of the United States, paid by San Dieguita
District, an irrigation district organized and existing under and by virtue of the laws of t California,
as Grantee, receipt whereof is hereby acknowledged, does hereby grant unto said San Dieguita District, its
successors and assigns, 4mmonshoOM 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, in-
specting and repairing a pipe line or pipes lines, and all fixtures and appurtenances incidental thereto for use in con-
nection therewith, for the transmission and distribution of water and all 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, explosive, trees, and other material or growths detriment-
al to the uses 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 particularly described as follows, to wit:
All work done by GRANTOR or its successor within the limits of the
easement shall be done under the supervision.of a civil engineer
licensed by the State of California, work shall comply with the San
Dieguito Water District specifications, standards and practices,
and shall be done in accordance with generally accepted civil
engineering standards and practices.
The lands j...11 -wh. -ch -such easeme -_t � -f right of way_ is hereb granted
are situated in the County of San Diego, State of California, and
particularly described as follows, to wit:
See Exhibit "A" attached hereto and made a part hereof.
The route of said easement of right of way across the aforesaid lands shall be as follows:
See Exhibit "B" attached hereto
R
CORDED IN
OFi= IMAM f�(t, COF� [)'i
OF SAH ®[1: GO C 0 FY, CAA,
1988 JAN 22 AH 8: 1 3
and made a part hereof.
This is to certify that the interest in real prOpe?t,)�
conveye, d by the died or grant dated L OA . // l `1 7
from o an Dieuito Water
District, e _oiler .mental agency is hereby accepted
and the gra teti consents to recordation thereof by
its duly authorized officer.
Dated L - 2 _05€ - by ld� "�.-�- � ►��—
L ERA L. LYLE
OXIR i'Y M. "(.O[MlE<
NO FEE
�i
It is expressly agreed that the Grantor shall have the right, at his own risk, to use the surface of the right of way
hereby granted, for agricultural uses except for the planting and growing of trees; and the right to cross or make use
of the surface in a manner not detrimental to the installation, construction, operation, inspection, repair, maintenance
and replacement of a pipe line or pipe lines, oT to any other purposes and uses as are or may be necessary or incidental
to the construction, maintenance and operation of the Grantee's proposed pipe line or pipe lines.
And the Grantor hereby agrees for himself, his successors or assigns, that he will not plant trees or construct or
cause to be constructed and maintained any buildings or structures of any nature or kind within ten feet of said pipe
line; or store or permit to be stored or use upon said right of way any blasting supplies or explosives commonly used for
blasting purposes.
And the Grantee hereby agrees that it will avoid unreasonable interference with the use by Grantor and his succes-
sors of said right of way, and agrees not to fence the same, and agrees that the Grantor may enjoy the surface use of
the land herein described, subject to the conditions above stated; and agrees to permit the installation by the Grantor of
water pipes reasonably required for Grantor's use on his said property over and across the right of way in a manner
which will not interfere with the Grantee's pipe lines and operations, provided, if the location is to be under Grantee's
pipe line,
it must be installed subject to Grantee's supervision and approval, and the Grantee agrees, after the ins talla-
tion of its pipe lines, to restore the surface grade above the pipe to as near the original elevation as practicable. All
present installed utilities will be interfered with as little as possible and if interrupted will be promptly restored to use
at the expense of the Grantee.
Witness ..................... hand ........ this ......... /j...... ... ._..day of....... Q.�G
......................................................... ............................... Witness
............... ......... . .................................................... ........... I Witness ...
Notaries: Use proper form on back.
GENERAL FORM
CA t- l 4:�O /t rJ l 4 .�
STATE OF ..........................................................
-•--
-��,� v „ , 1346
County ........................... ...................................
ON THIS.......�..�.....day of......:1 =� C . ... �7 /3U -- -- . ..
/1�TV J W . Glo( LN S.
..............A. D., 19........, before me. -- ............................. --
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
G�°'� C G _ e'�LLy personally known to me to be the person....
....... 4 ......... ............................... ..............-- ••---- ...---- •-•-•--•-•----- ---
whose name.5 ...............subscribed to the within Instrument, and duly acknowledged to me that.TheYexecuted the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
o.
OFFICIAL SEAL
seal the day and year i is certifi ate fi ;st ab a 'tt rl.
BURTON W COLLINS (/1J
NOTARY PUBLIC CALIFORNIA ............. ........... ................ ................................ -°......--------
�� » o PRINCIPAL OFFICE IN
~ SAN DIEGO COUNTY Notary Public in and for said County and State
My Commission Exp. Nov. la, 1988
CORPORATION FORM
d
STATEOF ------------------------ - --- ------- ------ -- --- --- --- -- -- - - - --
ss.
County of -- ........................................................ .......
�
ONTHIS ................day of ............................ A. D., 19.-- ...... before me ... ___ ................. :........................... ......................................
a Notary Public in and far the said County and State, residing therein, duly commissioned and sworn, personally appeared
...................................... '....... ' ....................... :................................... known to me to be the..; ................. President and
-----•-----•-•--------•• .....................•----••--------...... ............................. -• ........................ -- -----.known to me to be the .......... : ......... Secretary of the
-------------- ---- ------------ ---••--- -- ----- ............................................................... ................................ ....................................... : ........ .............. ........ - --
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 official
seal the day and year in this certificate first above written.
Notary Public in and for,said County and State
STATE OF C ALIFORNIA -1
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WITNESS FORM
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County of San Diego J
ONTHIS .................... day of ...... ..........................A.D., 19 -•-, before me .......... ......---------...........----•--•--•-------...--- -•-......--- ---................
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
.............................•--•-•-••-------....-----.....................................------...............---• ---......................_- - - -- ..known to me to be -the person.... whose
name . .....................subscribed to the within Instrument, as a subscribing Witness thereto, who being by me duly sworn,
depose.... and say....: That ................ he ................ reside ............ in the said County of San
Diego, State of California, and that...... he ................present and saw
...........................•--..............-•-•------••-------•------------- --- --.`.................... -- -- ..............personally known
to h............ to be the same person described in and whose name ................subscribed
to the within. and annexed Instrument, sign, execute and deliver the same, and
I ................ he ............ acknowledged to said affiant that ............ he ........ executed the same;
and that said affiant subscribed ............ h ............ name .... thereto as a Witness
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
... ............... ... ....... . ..... ----------------.........--•-----------............-----• ..........................- --..
Notary Public in and for said County and State
(NOT ARIES: Please use the General Form for individual signers, the Witness Form only for witnesses)
S, t� E Z'F) 1 3 1 3 4 7
EXHIBIT "A" TP`t 18762
PARCEL 1:
All that.portion of Lots 33 and 3 of AVOCADO ACRES NO. 3, in the County
, of San Diego, State of California, according to Map thereof No. 2 f 31 ed
in the office of the County Recorder of said San Diego County,
1927.
EXCEPTING from said Lot-33--the Southerly 138.00 feet of the Westerly 121.00
feet...
ALSO EXCEPTING from said Lot 34 the Northerly 164.00 feet.
PARCEL 2:
That .portion. of. the Northwest, Quarter of Section 4, Township 13 South,
Range '4 West, San Bernardino Meridian, in the County.of'San'Diego, State
of California, according to Official Plat .thereof, described as - follows:
Be inning at a point on the North line*of said, Section 4., which is South
8959'45�t East, 11534. 13 feed from the Northwest corner .
of. Avocado Acres-
2, according to. Map thereof No. 1802, -filed in' office,of the County .
Recorder'o'f San :Diego County, August b.; .1924 -, said. point of beginning being
also the most.Wester.ly.corner o.f that parcel of wand conveyed .to,Chester.S
Mc'Farland;, et uxK by ,deed recorded August 4, 1944 as Document No. 57070._
in : ge. 430 of Official Records; thence along the boundary of ,
Book. 1706, pa
said :Mc Farland's Land; South 16' 01'.30." East, . 265.56 feet (Record: South .15 45`
20" East 264.60 feet) to an angle point the
in. the center line of.
Pacific.Street (now vacated) as said Street. is. shown on of North
Map No.. 524:
co
'Leucadia, filed in..the office, of the County Recorder of San Diego County;
April 6, 1888 and "'No 78' S8' 30" East (Record North 74' 1411 40" East) -, along
s ' said center line of ?acifi Street to the Northeasterly, rner -of.
that. land described in deed to Raggner Fors, et':ux, recorded in. he office
Noversber' 29 1960 as File No. 232028; thence. along
of the County Recorder, 164.91 feet to the Easterly
t
the Easterly line. thereof, of. Lot 34
;South.lb 01 East
of. the Southerly line of the Northerly 164..00 feet
of Avocado Acres.No.- 3;.. according to Map thereof No. 2063, filed irr the.
office of ,the County,'Recorder, October 3, 1927., said point being. the. TRUE
POINT OF BEGINNING, `thence along said ..prolongations North 74' ?9'20!' East
29.00 feet to `a point distant South'74 29'20" West, 60.00 .feet :fromahe
center line. of said Eolus said. point being the; beginning of. :a
tangent 10-00 foot radius curve concave Northerly;, thence along the arc of
said curve 9.66 feet through a. central angle of 55 to the' beginning
of a reverse 34.00 foot radius curve concave Southerly; thence along the
arc of 'said curve 59.10 feet through� entral angle o
a c f 99 '14" to the
center line of said Eolus Avenue; thence along said center line, South 10�
01'30" East,:17_.23,feet to the Southwesterly corner of that land described
in deed to Victoria Mason, recorded ,in the office of the County Recorder,
June, 30, .1959 in Book 7742,.page`155- of Official Records; thence along said.
,:Mason. bou;�dary; `North 75'02 ' 22" East ( Record North.. 75� 23' 30" East) 71.51
feet. to the ,Northeasterly corner of that land. described in deed to ' Raymond [
E. Zellers, et; ux.; record,ed in the office of the County Recorder,, Nove�ber- -U,
8,"f
Of Records; thence along said Zellers
1947 `.in Rook 2539 pag� 12 o +
bound South 1��01' -30" East (Record South 15 .45'20 ".East) 27 feet
an8 Sou th .73 58'30" West. (Record South 14' 14'40' West.) 149.49 feet to the .
Easterly line of .that land described in Parcel 2_of Deed to Ragner Fors, et
1348
ux, recorded in the office of the County Recorder, November 29, 1960 as
File No. 232029 of Official Records; thence along said Easterly line, North
16'01 West (Record North 15'45 West) 120..00 feet to the Easterly
prolongation of the Northerly line of Lot 32 of said Map 2063; thence
South 73'58 West, 112.00 feet to the Southeasterly corner of Lot 33 of
said Map 2063; thence al on the Easterly line thereof and its Northerly
prolongation, North 16'01'�30" West 169.19 feet to said Southerly line of
the Northerly 164.00 feet of Lot 34 of Map 2063; thence along last said
line and its Easterly prolongation North 74 29'20" East, 101.00 feet to
the TRUE POINT OF BEGINNING.
1349
SDE 2913
EXHIBIT "B"
TPM 18762
AN EASEMENT FOR A WATERLINE OVER, ALONG,
UNDER, AND ACROSS THAT PORTION OF LOTS 33 AND 34 OF AVOCADO ACRES
NO. 3, BEING IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AC—
CORDING TO MAP THEREOF NO. 2063, FILED IN THE OFFICE OF ND
COUNTY RECORDER OF SAID SAN DIEGO COUNTY, OCTOBER 3, 1927,
-THAT PORTION OF NORTH LEUCADIA IN* "THE COUNTY OF SAN DIEGO, STATE
.OF CALIFORNIA, ACCORDING TO MAP .THEREOF NO.. 524,'FILED THE OF—
FICE OF THE .
E COUNTY RECORDER OF SAID.SAN.DIEGO COUNTY, APRIL 6,
1888`: , AND. MAP 763, FILED IN.: THE OFFICE OF;-.THE. COUNTY . RECORDER OF „
SAID SAN DIEGO COUNTY.,• SEPTEMBER. 25-,,1923-,AND.ALSO THOSE PORTIONS
OF EOLUS:..'AVENUE AND. PACIFIC STREET ._BEING .VACATED BY "ORDER :OF' ` THE
BOARD` OF- .SUPERVISORS OF SAN DIEGO COUNTY;. ON NOVEBER :19,' ,19I5,,
DE 'SCRIBED ='IN DEED TO' GEORGE T:. KELLY,. ET.,`. AL.; RECORDED IN:.THE' .;
OFFICE' OF THE COUNTY. RECORDER OF SAN,.D:IEGO COUNTY, OCTOBERJ9,
'1978 AS FILE /PAGE NO.. 78- 446550. OF 'OFFICIAL RECORDS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE - SOUTHWESTERLY CORNER OF THE. NORTHERLY. 164.00
FEET. OF "`SAID ' LOT 34 'OF `MAP . NO. 2065;.. THENCE ALONG.. THE SOUTHERLY
LLNE:.THEREOF. AND ITS EASTERLY PROLONGATION NORTH 27'05
'74 °"` -EAST'
299.97 FEET TO A POINT DISTANT SOUTH 74 °27'05' WEST, 60i-SAID HAP
FROM TRE. CENTERLINE' OF SAID EOLUS AVENUE AS SHOWN ON SAID MAP
524; SAID POINT BEING. THE BEGINNING OF A ..TANGENT `10.00 , FOOT
RADIUS CURVE CONCAVE NORTHERLY;. THENCE ALONG' THE --ARC OF AI
SD: _
CURVE 9.:fi7 THROUGH A CENTRAL . ANGLE:"` OF 55 °22'35," TO `THE
BEGINNI -NG: ;;OF� A REVERSE 34.00 FOOT RADIUS ,CURVE CONCAVE ;WESTERLY;. 1 .
THENCE. ALO;N. G THE ARC OF SAID - CURVE;: 172.54 FEET THROUGH , A CENTRAL
ANGLE- OF% .290 °45' 10" TO THE BEGINNING OF . A .REVERSE TO.00 :FOOT,..
RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC_ OF SAID
CURVE 9.67 FEET THROUGH,A CENTRAL ANGLE OF 55 °22'35"; THENCE TAN—
GENT TO SAID CURVE SOUTH 74°27'05" WEST 275.09 "FEET; THENCE SOUTH
74 0 55'53" WEST. 27.44 FEET TO THE WESTERLY LINE OF SAID LOT . 33.0F
MAP 2063; THENCE NORTH loo 41'00 "_WEST. 29. 88 FEET TO THE POINT OF
BEGINNING..
LOAN # 764168
1350
SAN DIEGUITO
59 EAST "D" STREET
ENCINITAS, CALIFORNIA 92024
2-L-1
(619) 753 -1145
SUBORDINATION OF BENEFICIARY OF DEED OF TRUST
In consideration of the mutual benefits arising from the granting
of the foregoing easement and for other good and valuable consideration,
the undersigned, as beneficiary under that certain deed of trust, recorded
in the Office of the San Diego County Recorder at File /Page No. 87 - 3 12 2 94
encumbering said property, consents to the granting of the aforesaid easement
and unconditionally waives, relinquishes and subordinatds the lien or charge
of said deed of trust to said easement, and agrees that the easement shall at
all times be an interest in said property prior and superior to the lien or
charge of said deed of trust.
The easement and lien are over the property which is a part of TM or
TPM Number I S 7
d
SHIRL Y M ASST. VICE PRESIDENT
Benef ciary
PATRICIA VEGA, A,ST. SECRETARY
(Signatures must be acknowledged)
I
LOAN # 764168 1351
STATE OFCALIFO L 11aS ANGELES ss.
COUNTY OF tT�U1
On December 23, 1987 before me, the undersigned
SHIRLEY MANN
said Sta19 "
a Notary Public in and for
and
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as ASSISTANT
VICE President and AS S I S TANT Secretary, on behalf of
HOME SAVINGS OF AMERICA, F.A.
f!l the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to
r� its by -laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Signature ""� ;�
SF -425 -9 (REV. C - 7/82) (CA) (CORPORATION)
oao ®00000ar ®v000 ®e 000vmoomp
0
OFFICIAL SEAL
$
VIOLA M. GOODEILL
v
Notary Public- Catifo.nia a
o
Principal office In d
_
Los Angeles County
�r,
]� ^
Dec. 8,89 Q
MO Chao
e E o xp:
® ®C 0 ♦ d
(This
area for official notarial seal)
f F
1
Ask
j--1352
59 EAST "D" STREET
ENCINITAS, CALIFORNIA 92024
SUBORDINATION OF BENEFICIARY OF DEED OF TRUST
(619) 753 -1145
In consideration of the mutual benefits arising from the granting
of the foregoing easement and for other good and valuable consideration,
the undersigned, as beneficiary under that certain deed of trust, recorded / ---7I
in the Office of the San Diego County Recorder at File /Page No. — Z IT"' -�-�t S
encumbering said property, consents to the granting of the aforesaid easement
and unconditionally waives, relinquishes and subordinates the lien or charge
of said deed of trust to said easement, and agrees that the easement shall at
all times be an interest in said property prior and superior to the lien or
charge of said deed of trust.
The easement and lien are over the property which is a part of TM or
TPM Number 8 7 6 c;7,
Be eficiary
(Signatures must be acknowledged)
7
1353
625 North Vulcar: Avenue
Leucadia, California 92024
619/753 -6491
Certificate of Acknowledgement,.Public Agency
California Civil Code, Section 11911
State of California, County of San Diego
On this /� /� day of , ���j i n the year 1987
before me, the undersigned, a notary public in and for said State,
personally appeared RODNEY E. PHILLIPS, ED.D., known to me to be the
COORDINATOR OF SPECIAL PROJECTS of the SAN DIEGUITO UNION HIGH SCHOOL
DISTRICT, and known to me to be the person who executed the within
instrument on behalf of said public agency, and acknowledged to be
that such SAN DIEGUITO UNION HIGH SCHOOL DISTRICT executed the same.
Witness my hand and official seal.
em
_ =
OFFICIAL SEAL
ELEAN Or? J. MORRISON
_
Notary Public - California
Principal
Office In
San Diego County
My Comm. Exp. June 2, 1989
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SAN DIEGO COUNTY ASSESSOR'S MAP SK 254 PG 09
17
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SEC 4 - T13S-R4W - POR LOTS 2 & 3
(MAP 524 - NO. LEUCAOIA & MAP 763)
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