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1992-348455a,rv-tom/ -o 177 DOC 1992-0340455 4-JHN-1992 10%04 AN RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT WHEN RECORDED MAIL TO San Dieguito Water District 59 East "D" Street Encinitas, California 92024 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S ANNETTE EVANS, COUNTY REC FEES: NA This space for Recorder's useI ;E 0.00 NO DOCUMENTARY TRANSFER TAX NO FEE GRANT OF EASEMENT FOR WATER LINE MARK BIBLER, a married man, as his sole and separate property, 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, 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. a 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: r~ -1- 1'78 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 construction, 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, fencina. 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. -2- 179 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. -3- 180 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. -4- 181 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 df 19 1 2- U MARK BIBLER -5- 182 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) On lggZ before me, the undersigned, a Notary Public in and for the State of California, personally appeared Mark Bibler 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 they executed the same. WITNESS my hand and official seal. Notary Public in and for E OFFICIAL SEAL the State of California PAMELA M. MEEHAN ~O NOTARY PUBLIC-CALIFORNI SAN DIEGO COUNTY MY COW4. EXP. Y 9-4 925, This is to certify that the interest in real property conveyed by the grant dated I P 4~ I~ 19-~,~ from MARK BIBLER 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 By CZ a-., 4'~ Warren H. Shafer -6- Aft EXHIBIT "A" 183 PARCEL A THAT PORTION OF LOT 12 IN BLOCK 22, TOGETHER WITH PORTIONS OF MONTEREY STREET AND HYGEIA AVENUE AS SAID STREET AND AVENUE WERE VACATED AND CLOSED TO PUBLIC USE ON NOVEMBER 19, 1915, AND JANUARY 28, 1925, BY ORDERS OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CERTIFIED COPIES OF WHICH SAID ORDERS WERE RECORDED RESPECTIVELY DECEMBER 26, 1916 IN BOOK 500, PAGE 343 OF DEEDS, AND FEBRUARY 9, 1925 IN BOOK 1071, PAGE 122 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, 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 FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHEASTERLY LINE OF MONTEREY STREET, AS SAID STREET IS SHOWN ON MAP NO. 763 OF NORTH LEUCADIA, WITH THE CENTERLINE OF HYGEIA AVENUE; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY PROLONGATION OF SAID SOUTHEAST LINE OF MONTEREY STREET, A DISTANCE OF 20 FEET TO ITS INTERSECTION WITH THE NORTHERLY PROLONGATION OF A LINE DRAWN PARALLEL WITH AND DISTANT 20 FEET AT RIGHT ANGLES SOUTHWESTERLY FROM THE SOUTHWEST- ERLY LINE OF BLOCK 22, SAID POINT BEING THE TRUE POINT°'OF BEGINNING OF THE PROPERTY HEREIN DESCRIBED; THENCE NORTHWESTERLY ALONG THE SAID SOUTHWEST- ERLY PROLONGATION OF SAID LAST MENTIONED PARALLEL LINE TO AN INTERSECTION WITH THE CENTERLINE OF MONTEREY STREET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE OF MONTEREY STREET, SAID CENTERLINE BEING PARALLEL WITH AND DISTANT 40 FEET AT RIGHT ANGLES NORTHWESTERLY FROM THE NORTHERLY LINE OF SAID BLOCK 22, A DISTANCE OF 150 FEET; THENCE SOUTHEASTERLY IN A STRAIGHT LINE, 150.1 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED TO PAUL B. ELLSWORTH, ET UX, RECORDED. IN THE OFFICE OF THE COUNTY RECORDER ON. MARCH 20, 1952, IN BOOK 4410, PAGE 42 OF OFFICIAL RECORDS, AS DOCUMENT NO.35057; THENCE SOUTHWESTERLY ALONG THE BOUNDARY OF SAID ELLSWORTH'S LAND 150.00 FEET TO AN INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND DISTANT 20 FEET AT RIGHT ANGLES SOUTHWESTERLY FROM THE SOUTHWEST- ERLY LINE OF SAID BLOCK 22; THENCE NORTHWESTERLY ALONG SAID LAST MENTIONED PARALLEL LINE AND ALONG ITS NORTHWESTERLY PROLONGATION, 130.1 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNWING. EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY, ALL THAT PORTION THEREOF LYING SOUTHWESTERLY OF THE LOCATION AND PROLONGATION OF A LINE DRAWN PARALLEL WITH AND 75.00 FEET SOUTHWESTERLY AT RIGHT ANGLES FROM THE NORTHEASTERLY LINE OF SAID PROPERTY. ASSESSOR'S PARCEL NO.: 254-102-02 EXHIBIT "A" PARCEL B 184 AN EASEMENT FOR WATER FACILITIES OVER A PORTION OF THE ABOVE DESCRIBED PARCEL, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THE ABOVE DESCRIBED PARCEL A; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL A, A DISTANCE OF 15.00 FEET; THENCE WESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID PARCEL A, A DISTANCE OF 28.50 FEET; THENCE SOUTHERLY PARALLEL WITH SAID EASTERLY LINE OF PARCEL A, A DISTANCE OF 5.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE OF PARCEL A, A DISTANCE OF 3.00 FEET; THENCE NORTHERLY PARALLEL WITH SAID EASTERLY LINE OF PARCEL A, A DISTANCE OF 5.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE OF PARCEL A, A DISTANCE OF 43.50 FEET TO THE WESTERLY LINE OF PARCEL A; THENCE NORTHERLY ALONG SAID WESTERLY LINE OF PARCEL A, A DISTANCE OF 15.00 FEET TO SAID NORTHERLY LINE OF PARCEL A; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF PARCEL A, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NO. 254-102-02 185 HILL CREST LEGEND EA SEMEN T FOR WA TER FACILITIES TO THE SAN DIEGUI TO WA TER DISTRICT ASSESSOR'S PARCEL NO. 254-102-02 SCALE.' 1 80' l/. N. 05109 02-21-92 ~ ~ c~ 1 ~'°R , ~ <<~;~ ~ p - 9g ~ Z~ ~v.~; ~R !~G'J~T~~ isj ~ o~~~