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.
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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.
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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.
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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
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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
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