1992-4865042 '
RECORDING REQUESTED BY:
SAN DIEGUITO WATER DISTRICT
WHEN RECORDED MAIL TO
San Dieguito Water District
59 East "D ".Street
Encinitas,'California 92024
1654 D'I N 1992-0406-1
04-AUG-1992 09 - C' , 9"
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES: 0
This space for Recorder's use
NO DOCUMENTARY TRANSFER TAX NC FEE
GRANT OF EASEMENT FOR WATER LINE
LENORE BEARMAN, trustee under declaration of revocable trust
of Lenore Bearman, dated January 19, 1990 hereinafter designated
GRANTOR, is the legal and beneficial owner of real property
described in more particular detail on Exhibit "A ", as Parcel A,
which is attached hereto and made a part hereof, for and in
consideration of the sum of Ten dollars ($10.00) lawful money of
the United States, paid by SAN DIEC-.UITO WATER DISTRICT, 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 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:
4
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1
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01655
EXHIBIT "A
PARCEL B, WHICH IS 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.
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.
2
The GRANTOR SW 1 not plant or maintain trees, bushes, or
shrubs within the limits of the easement (except for the most
.1 6a
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.
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.
3
All work don GRANTOR or its successor _ 'thin 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.
IN WITNESS WHEREOF, the GRANTORS have executed this Easement
on this 1�5 day of 192z-
4
LENORE BEARMAN
i� ti A
yipcoAi
STATE OF A )
COUNTY F QA Awu SS
On ��,. g 19 9-"2 before me, the undersigned, a
Notary Public in and for the State of Via, personally
appeared Lenore Bearman, known to me (or proved to me on the basis
of satisfactory evidence) to be the person whose name is subscribed
to this instrument, and acknowledged that she executed the same.
WITNESS my hand and official seal.
Notar Public in and for yic�
the State of erala 11
My Commission Exp. April 10, 1995
This is to certify that the interest in real property conveyed by
this grant dated
, 19 from
Lenore Bearman 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 3 , 19 TZ- B Y '^ 4 •—
Warren H. Sha er
5
EXHIBIT "A" A
ty
1659
PARCEL A
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, 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.
EXCEPTING THEREFROM THE WESTERLY 70.00 FEET THEREOF.
PARCEL B
AN EASEMENT FOR WATER FACILITIES OVER A PORTTION OF THE ABOVE DESCRIBED
PARCEL, DESCRIBED AS FOLLOWS:
BEGINNI -I 1G 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 OF LOT 12, A DISTANCE
OF 15.00 FEET; THENCE WESTERLY PARALLEL WITH SAID CENTERLINE OF MONTEREY
STREET, A DISTANCE OF 38.50 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 5.00 FEET; THENCE
WESTERLY PARALLEL WITH SAID CENTERLINE OF MONTEREY STREET, A DISTANCE OF
33.50 FEET; THENCE NORTHERLY PARALLEL WITH SAID EASTERLY LINE OF LOT 12, A
DISTANCE OF 15.00 FEET TO SAID CENTERLINE OF MONTEREY STREET; THENCE EASTERLY
ALONG SAID CENTERLINE 75.00 FEET TO THE POINT OF BEGINNING.
ASSESSOR'S PARCEL NO.: 254- 102 -18
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N 74 279'50' E
N 74 276'58' E
LEGEND
EA SEMEN T FOR WA TER
FACIL177ES TO THE SAN
OIEGUI TO WA TER D /STRICT
ASSESSOR'S PARCEL NO.
254- 102 -18
SCALE I"= 80'
d. N. 05109 02 -21 -92