1988-8604088 088840
RECORDING REQUESTED BY:
SAN DIEGUITO WATER DISTRICT
WHEN RECORDED MAIL TO
SAN DIEGUITO WATER DISTRICT
59 East "D" Street
Encinitas, California 92024
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NO DOCUMENTARY TRANSFER TAX
GRANT OF EASEMENT FOR WATER LINE
NO FEE
K & K LUMBER COHPANY, a California Corporation, hereinafter
designated GRANTOR, fora valuable consideration, hereby grants
to the SAN DIEGUITO WATER DISTRICT,'a governmental agency, herein
designated GRANTEE, its successors and assigns, a perpetual
easement for a right -of -way upon, in, across, over, and under
the lands described below, to erect, install, construct, repair,
replace, reconstruct, and maintain, a water pipeline for any and
all purposes, at such locations along, over and under the right-
of-way as GRANTEE, may now or hereafter require without any
additional compensation therefor. Any such pipeline shall be
maintained at all times by GRANTEE in good condition and repair.
The land referred to herein and made subject to said easement and
right -of -way by this grant is situated in the City of Encinitas,
County of San Diego, State of California, and described as
follows:
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0Je 1140
Easements and right -of -way for water lines, twenty (20) feet in
width, within Parcel 2 of that portion of Section 22, Township 13
South, Range 4 West, San Bernardino Meridian, described in Parcel
Map No. 1645, filed in the Office of the County Recorder, June
20, 1973, as file No. 73- 169592; more particularly described as
follows:
Parcel A (New Water Line)
Commencing at the Northeast corner of the Northeast Quarter of
the Northwest Quarter of Section 22, Township 13 South, Range 4
West, San Bernardino Meridian; thence along the Northerly line of
said Quarter - Quarter Section, North 89 31` 10" West, 548.74
feet; thence leaving said Northerly line, South 00 28' 50" East,
30.00 feet; thence South 79 23' 26" East, 66.55 feet to the
TRUE POINT OF BEGINNING; thence along the Westerly line of said
Parcel 2, South 03 35' 24" East, 176.51 feet; thence leaving
said Westerly line, North 86 24' 36" East, 20.00 feet; thence
North 03 35' 24" West, 171.45 feet to a point on the Northerly
line of said Parcel 2; thence along said Northerly line North
79 23' 26" West, 20.63 feet, returning to the TRUE POINT OF
BEGINNING.
Parcel B (Existing Water Line)
Commencing at the Northeast corner of the Northeast Quarter of
the Northwest Quarter of Section 22, Township 13 South, Range 4
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U�. 1141
West, San Bernardino Meridian; thence along the Easterly line of
said Quarter - Quarter Section, South 00 37' 08" West, 393.46
feet to the TRUE POINT OF BEGINNING; thence leaving said Easterly
line of Quarter- Quarter Section, along Easterly line of said
Parcel 2, South 36 10' 09" East, 23.73 feet; thence South
86 24' 36" West, 40.53 feet; thence North 48 24" West, 22.17
feet; thence South 86 24' 36" West, 457.76 feet; thence along
the Westerly line of said Parcel 2, North 03 35' 24" West, 20.00
feet; thence leaving said Westerly line, North 86 24' 36"
East, 466.04 feet; thence South 48 35' 24" East, 22.17 feet;
thence North 86 24' 36" East, 19.47 feet, returning to the TRUE
POINT OF BEGINNING.
Parcel C (Existing Water Line)
Commencing at the Northeast corner of the Northeast Quarter of
the Northwest Quarter of Section 22, Township 13 South, Range 4
West, San Bernardino Meridian; thence along the Easterly line of
said Quarter - Quarter Section, South 00 37' 08" West, 393.46
feet thence leaving said Easterly line of Quarter - Quarter
Section, along Easterly line of said Parcel 2, South 36 10' 09"
East, 23.73 feet to the TRUE POINT OF BEGINNING; thence South
00 00' 50" East, 128.97 feet to a point on the Southerly line of
said Parcel 2; thence South 89 59' 10" West, 20.00 feet; thence
North 00 00' 50" West, 127.72 feet to a point on the Southerly
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line of Parcel B above; thence along the said Southerly line
North 86 24' 36 East, 20.04 feet, returning to the TRUE POINT OF
BEGINNING.
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
The GRANTOR also grants the right of ingress and egress to and
from said easement and right -of -way by reasonable and practical
routes, for the purpose of constructing, maintaining, operating,
repairing, reconstructing or enlarging said pipeline and
appurtenances thereto, together with the right to use said
easement for access to GRANTEE's rights of way situated in
ad3acent lands. GRANTOR reserves unto itself, its heirs,
successors or interests the right of ingress and egress across
surface of easement at all times except during construction of
pipelines.
GRANTOR shall not construct any building, wall or structure
within the limits of the easement provided, however, the GRANTOR
may construct and maintain fencing, drainage structures,
utilities, and pavement within the limits of the easement. The
GRANTEE shall have the right to remove any building, wall,
structure, fencing, landscaping, drainage structure, utility or
pavement if reasonably necessary for the GRANTEE to engage in
any of the activities it is permitted to engage in pursuant to
this easement provided, however, GRANTEE shall reconstruct any
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fencing, landscaping,
removed by GRANTEE. .
ti. 1143
drainage structure, utility, or pavement
GRANTEE shall not construct or maintain any building, wall,
structure, fencing, drainage structure, utility or pavement
within the limits of the easement unless the item is specifically
permitted by this easement.
GRANTEE may upon 60 days notice and approval of the GRANTOR,
increase its use of the easement, change the location of
pipelines or other facilities within the boundaries of the
easement right -of -way, or modify the size of existing pipelines
or other improvements as it may determine in its sole discretion
from time to time without paying any additional compensation to
GRANTOR or GRANTOR'S heirs, successors, or assigns, provided
GRANTEE does not expand its use of the easement beyond the
easement boundaries described above.
GRANTOR may at its sole cost and expense relocate the facilities
of GRANTEE horizontally, vertically and otherwise, within or
without the limits of this easement, provided GRANTOR has given
GRANTEE written notice not less then thirty days before
commencing work on any such relocation, the facilities as
relocated will perform the same function as the existing
facilities installed by the GRANTEE. GRANTOR shall pay any
increased cost of maintenance of the facilities arising from or
related to their relocation, and should such relocation be
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1144
outside the limits of this easement, GRANTOR shall grant to
GRANTEE an easement for the facilities of the same size and the
same form as this easement, and this easement shall be vacated
and abandoned.
Said easement and right -of -way conveyed by this grant is not
exclusive and GRANTOR reserves the right to grant easement rights
to others or to dedicate the land subject to the easement to a
public agency.
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 Districts specifications, standards
and practices, and shall be done in accordance with generally
accepted civil engineering standards and practices.
The terms and conditions of this easement shall be binding upon
the parties, their successors and assigns, and the benefits and
burdens thereof are intended to and shall run with the land. This
is the entire agreement between the parties and shall not be
modified except by a writing signed by the parties to the change.
GRANTORS expressly warrants and represents that they have the
power to grant this easement in accordance with its terms_
IM
`:. 1145
IN WITNESS WHEREOF, the GRANTORS have executed this Easement on
this day of January 1989.
K & R LUMBER COMPANY, a California Corporation
By:
Title:
Jacob Kornwasser
Presi
By:
Mark Kornwasser
Title: Secretary
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WITNESS my hand and official seal.
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STATE OF CALIFORNIA ]
] SS.
COUNTY OF LOS ANGELES ]
On January ) -a , 1988 before me, the undersigned, a
Notary Public in and for the State of California, personally
appeared Jacob Kornwasser and Mark Kornwasser
known to me (or proved to me on the basis of satisfactory
evidence) to be the persons who executed the within instrument on
behalf of the K & R LUMBER COMPANY, a California Corporation and
acknowledged to me that they executed it.
��� �- � 0, e .) j 2
t �y Public
-"in for
th :State of Cai if orn is
This is to certify that the interest in real property conveyed by
the this
grant dated " - 20 ILAU
1 - from K & K LUMBER
COMPANY,
a California Corporation,
to the SAN DIEGUITO WATER
DISTRICT.
a governmental agency is
hereby accepted and SAN
DIEGUITO WATER DISTRICT consents to recordation thereof by its
duly authorized officer.
Dated a "�7 �8 1987 By �^�- --
1 Shafer
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