1992-564104O ,�) f
AM 95_ W # 1992
03 —SEP - 1992 02:27 PM
RECORDING REQUESTED BY SAN DIEGO COUNTY RECORDER'S OFF
ANNETTE EVANS, COUNTY RECORDE
SAN DIEGUITO WATER DISTRICT FEES.
WHEN RECORDED MAIL TO 1
San Dieguito Water District
59 East "D" Street
Encinitas, Ca 92024 This space for Recorder's use
NO DOCUMENTARY TRANSFER TAX
GRANT OF EASEMENT FOR WATER LINE
NO FEE
CE
0.00
KENNETH J. VAN WIEREN AND RANDENE J. VAN WIEREN, husband and wife
as joint tenants, hereinafter designated GRANTOR, for and in
consideration of the sum of Ten dollars ($10.00) lawful money of
the United States, paid by SAN DIEGUITO WATER DISTRICT, hereby
grants to the SAN DIEGUITO WATER DISTRICT, a governmental agency,
herein designated GRANTEE, it successors and assigns, a perpetutal
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 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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4P 3 0 IMP.
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0 �X TER oil ST,
96 T:I.
1
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 adjacent lands.
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, 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 fencing, drainage structure, utility, wall,
or pavement removed by GRANTEE.
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.
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97
GRANTEE may at any time 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.
The GRANTOR shall not plant or maintain any trees, bushes, or
shrubs within the limits of the easement (except for the most
Northerly 4.00 Feet of said easement described and attached hereto
and made a part hereof) without the express written consent of the
GRANTEE. The GRANTEE shall have the right to trim or remove any
trees, bushes, or shrubs within the limits of the easement.
GRANTOR may plant and maintain flowers and ground cover within the
limits of the easement.
Provided GRANTOR gives GRANTEE written notice at least thirty days
before commencing any work and provided GRANTOR has agreed in
writing to indemnify GRANTEE against any damage to its facilities
within the easement area or any loss, cost, or expense caused by,
arising from or related to the work to be done, GRANTOR may add or
remove earth, grade, and modify surface slopes within the limits of
the easements.
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98
GRANTOR may at its sole cost and expense relocate the facilities of
GRANTEE horizontally, vertically and other wise, 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 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.
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99 ..
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.
IN WITNESS WHEREOF, the GRANTORS have executed this Easement on
this ./�� day of �� , 19
KENNETH J. VAN WIEREN
c
r
RANDENE J. VAN WIEREN
-5-
10®
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
On ?' , 19� before me, the undersigned, a
Notary Public in and for the State of California, personally
appeared Kenneth J. Van Wieren and Randene J. Van Wieren, known to
me (or proved to me on the basis of satisfactory evidence) to be
the persons whose names are subscribed to this instrument, and
acknowledged that they executed the same.
WITNESS my hand and official seal. 17. Pn Cp,
JOSc
OFFICIAL SEAL Notary Public in and for
f,0'fu';'i PU'-ILIC-CALIFORNIA
PRIi'CIPAL OFFICE IN the State of California
SAN DIEGO COUNTY
My Commission Expires May 26, 1994
This is to certify that the interest in real property conveyed by
this grant dated 7 -. , 19 f-2— from
Kenneth J. Van Wieren and Randene J. Van Wieren 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 — , 19 9 Z B
.�. Y
Warren H. Shafer
W:M
Exhibit "A"
qw
101
PARCEL A
THE WESTERLY 70.00 FEET OF THAT PORTION OF LOT 12, IN BLOCK 22, TOGETHER WITH A
PORTION OF MONTEREY STREET, AS SAID STREET WAS VACATED AND CLOSED TO PUBLIC
USE, ON NOVEMBER 19, 1915 BY ORDER OF THE BOARD OF SUPERVISORS OF THE COUNTY
OF SAN DIEGO, A COPY OF WHICH SAID ORDER RECORDED DECEMBER 26, 1916 IN BOOK 500,
PAGE 343 OF DEEDS, ALL BEING IN NORTH LEUCADIA, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 524, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888, DESCRIBED
AS A WHOLE AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE CENTERLINE OF MONTEREY STREET
WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 12, SAID
CENTERLINE BEING PARALLEL WITH AND DISTANT 40.00 FEET NORTHERLY MEASURED AT
RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID BLOCK 22; THENCE SOUTHERLY
ALONG SAID NORTHERLY PROLONGATION OF SAID EASTERLY LINE, AND ALONG SAID
EASTERLY LINE OF SAID LOT 12, A DISTANCE OF 150.00 FEET; THENCE WESTERLY
PARALLEL WITH SAID CENTERLINE OF MONTEREY STREET, A DISTANCE OF 145.00 FEET;
THENCE NORTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LOT 12, A DISTANCE
OF 150.00 FEET TO SAID CENTERLINE OF MONTEREY STREET; THENCE EASTERLY ALONG
SAID CENTERLINE 145.00 FEET TO THE POINT OF BEGINNING.
PARCEL B
AN EASEMENT FOR WATER FACILITIES OVER A PORTION OF THE ABOVE DESCRIBED
PARCEL, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT OF INTERSECTION OF THE CENTERLINE OF MONTEREY STREET
WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID LOT 12, SAID
CENTERLINE BEING PARALLEL WITH AND DISTANT 40.00 FEET NORTHERLY MEASURED AT
RIGHT ANGLES FROM THE NORTHERLY LINE OF SAID BLOCK 22; THENCE WESTERLY ALONG
SAID CENTERLINE OF MONTEREY STREET 75.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTHERLY PARALLEL WITH SAID EASTERLY LINE OF LOT 12, A DISTANCE OF
15.00 FEET; THENCE WESTERLY PARALLEL WITH SAID CENTERLINE OF MONTEREY STREET,
A DISTANCE OF 67.00 FEET; THENCE SOUTHERLY PARALLEL WITH SAID EASTERLY LINE OF
LOT 12, A DISTANCE OF 5.00 FEET; THENCE WESTERLY PARALLEL WITH SAID CENTERLINE
OF MONTEREY STREET, A DISTANCE OF 3.00 FEET; THENCE NORTHERLY PARALLEL WITH
SAID EASTERLY LINE OF LOT 12, A DISTANCE OF 20.00 FEET TO SAID CENTERLINE OF
MONTEREY STREET; THENCE EASTERLY ALONG SAID CENTERLINE 70.00 FEET TO THE
POINT OF BEGINNING.
ASSESSOR'S PARCEL NO.: 254- 102 -19
1
102
SCALE.• 1 = 80'
HILLCREST
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OP
LEGEND
EASEMENT ' FOR WA TFR
FACIL177ES TO' THE SAN -
DIEGUI TO WATER DISTRICT
ASSESSOR'S' PARCEL NO.
254- 102 -19
J.N. 05109 02 -21 -92
J