Loading...
1983-378740REI~®6d N REQ EST ~ BY . Q 3 v s~8 - ~r o _ 8 Tegu eturn to: an V BY to Water District U pD +-----59 East "D" Street O - a Encinitas, Ca 92024 ®®CUMENTARY TRANSFER TA)( . - 300 The undersigned, Ruth ounty....Hal.d.i.ng...Company A General Partnership as Grantor...., of.....a.n...easement.... in...the.....' county of....$dn-_Diego-___.__.. State of...California for and in consideration of the sum of Ten Dollars ($10.00) lawful money of the United States, paid by San Dieguita WateritwigatisnDistrict, an irrigation district organized and existing under and by virtue of the laws of t ate of California, as Grantee, receipt whereof is hereby acknowledged, does hereby grant unto said San Dieguita 3URI- District, its successors and assigns, an exclusive and permanent easement of right of way in, upon, over and across the lands hereinafter described, for the purpose of locating, relocating, constructing, reconstructing, maintaining, operating, in- specting and repairing a pipe line or pipes lines, and all fixtures and appurtenances incidental thereto for use in con- nection therewith, for the transmission and distribution of water and all uses and purposes incidental thereto, together with the right of ingress thereto and egress therefrom, to and along said right of way, together with the right to clear and keep clear said right of way froin buildings, structures, explosive, trees, and other material or growths detriment- al to the uses herein granted. The lands in which such easement of right of way is hereby granted are situated in the County of San Diego, State of California, and particularly described as follows, to wit: A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDAIN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THREOF. The route of said easement of right of way across the aforesaid lands shall be as follows: i- SEE EXHIBIT "A" ATTACHED 83-378740 . } RECORDED IN r !a I~nt f,~ar~~. ` 1363 0,-1 I ^ This is to certify thcit the infnn^^t + T r y conveyed by the deed, or rant dated VE};, L. i. r'Li , COUNTY RECORD& from We . azt L o Sass Dier. ito Water NO FEE District; a govern~~.ental age cy is hereby accepted and the grante-o consents to record- ion thereof by its duly authorized officer. 9-1 Dated 12. 1 t7A -4 b It is expressly agreed that the Grantor shall have the right, at his own risk, to use the surface of the right of way hereby granted, for agricultural uses except for the planting and growing of trees; and the right to cross or make use of the surface in a manner not detrimental to the installation, construction, operation, inspection, repair, maintenance and replacement of a pipe line or pipe lines, or to any other purposes and uses as are or may be necessary or incidental to the construction, maintenance and operation of the Grantee's proposed pipe line or pipe lines. And the Grantor hereby agrees for himself, his successors or assigns, that he will not plant trees or construct or cause to be constructed and maintained any buildings or structures of any nature or kind within ten feet of said pipe line; or store or permit to be stored or use upon said right of way any blasting supplies or explosives commonly used for blasting purposes. And the Grantee hereby agrees that it will avoid unreasonable interference with the use by Grantor and his succes- sors of said right of way, and agrees not to fence the same, and agrees that the Grantor may enjoy the surface use of the land herein described, subject to the conditions above stated; and agrees to permit the installation by the Grantor of water pipes reasonably required for Grantor's use on his said property over and across the right of way in a manner which will not interfere with the Grantee's pipe lines and operations, provided, if the location is to be under Grantee's pipe line,-it must be installed subject to Grantee's supervision and approval, and the Grantee agrees, after the installa- tion of its pipe lines, to restore the surface grade above the pipe to as near the original elevation as practicable. All present installed utilities will be interfered with as little as possible and if interrupted will be promptly restored to use at the expense of the Grantee. Witness ...oUr............ hand. S..... this ?.4th......... day of UgUSt 19.83.. NORTH UNTY HOLDING COMPANY, a general . Witness - Witness ..B onal-d---J: M io t eraI.... Partrier Notaries: Use proper form on back. iTliam M. Chance, -Genera?-Tartner GENERAL FORM . 301 + s , STATE OF .1 r ss. County of ON THIS ................day of............................ A. D., 19........ , before me......................... a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared ..................................•-------.....................................................--•--------------............••--•-.......--•---.personally known to me to be the person.... whose name ....................subscribed to the within Instrument, and duly acknowledged to me that he.... executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ; STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO ON August 24 19 83 , before me, the undersigned, a~ Notaryy Public in and- for said State, personally appeared RONALD J. McELLIUTT and WILLIAM M. CHANCE known to me, L to be of the partners of the partnership that executed the within Instrument, and acknowl- JANET 9. K wwwy PdWo4V#anft edged to me that such partnership executed the same. SAN DIEGO ODUNTY MY comm. Exp. Mar. a, 1967 WITNESS my hand and official seal. Janet K. Qru er NAME (TYPED OR PRINTED) Notary Public in and for said State: - PARTNERSHIP'ACKNDwILFRCMFNT FRRM " seal the day and year in this certificate first above written. - Notary Public in and for said County and State d WITNESS FORM N D Z v m G~ C O O H trJ v_ Vf -I 0 1 O D Z i O n O "n D STATE OF CALIFORNIA ss. County of San Diego ON THIS ....................day of................. A.D., 19-.-, before me................... a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared ..................................................................known to' me to be the person.... whose name ......................subscribed to the within Instrument, as a subscribing Witness thereto, who being by me duly sworn, depose.... and say....: That he................ reside in the said County of San Diego, State of California, and that ......he ................present and saw.............................. ...........................................................•-••---•-•-••-----------:--..............------................personally known to h............ to be the same person described in and whose name ................subscribed to the within. and annexed Instrument, sign, execute and deliver the same, and ..............he..........-acknowledged to said affiant that he........ executed the same; and that said affiant subscribed h............ name thereto as a Witness IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this -certificate first above written. Notary Public in and for said County and State (NOTARIES: Please use the General Form for individual signers, the Witness Form only for witnesses) 302 r_xHrBrT "A" . PARCEL 1 BEING A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE ALONG THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, NORTH 89° 51' 54" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE SIDELINE OF REGAL ROAD AS DEDICATED PER DOCUMENT NO. 83-221204 RECORDED JUNE 29, 1983 IN THE OFFICE OF THE COUNTY RECORDER OF'SAN DIEGO COUNTY, STATE OF CALIFORNIA, THENCE ALONG THE SAID SIDELINE OF REGAL ROAD, NORTH 01° 18' 30" EAST, A DISTANCE OF 18.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88° 41' 30" WEST, 20.00 FEET; THENCE NORTH 43° 41' 30" WEST, 23.00 FEET; THENCE NORTH 89° 51' 54" WEST 170.75 FEET TO POINT "A"; THENCE NORTH 89° 51' 54" WEST, 20.00 FEET; THENCE NORTH 1° 18' 30" EAST, 23.00 FEET TO POINT "B", THENCE NORTH 1° 18' 30" EAST, 146.23 FEET; THENCE NORTH 40° 41' 30" WEST, 150.52 FEET; THENCE SOUTH 86° 26' 35" WEST 120.00 FEET; THENCE SOUTH 03° 33' 25" EAST, 19.00 FEET TO A POINT OF TERMINUS. PARCEL 2 BEING A STRIP OF LAND 10.00 FEET WIDE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT POINT "A" AS LOCATED AND DESCRIBED IN PARCEL 1 ABOVE, THENCE NORTH 00° 08' 06" EAST A DISTANCE OF 10.00 FEET TO TRUE POINT OF BEGINNING. THENCE NORTH 00° 08' 06" EAST 17.00 FEET TO THE POINT OF TERMINUS. PARCEL 3 BEING A STRIP OF LAND 10.00 FEET WIDE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT POINT "B" AS LOCATED AND DESCRIBED IN PARCEL 1 ABOVE; THENCE NORTH 88° 41' 30" WEST, A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING THENCE NORTH 88° 41' 30" WEST, A DISTANCE OF 7.00 FEET TO A POINT OF TERMINUS. d i • REGAL I N 00°0810V E 10.00' 2 N 00008'OV" E 17.00' 3 N 89°5l'5'-l"W 10.oo' N 89°5/'5y"I/V 20.00' N 880y1'30" W IO. ov' to N 880 -//'3©" W 7.00' N 101813V E 10.00' 303- ROAD Teo,5 gr N~ N 1 o ~o ~J IIIv ~g 111 00 0 0 z STATE OF CALIFORNIA N ao y ~ a > R ad' in C 0 oA- 0 U Y U Q ti o; CL ~n U SS. COUNTY OF SAN DIEGO 1 On this the 19th day of Sept. 1983 before me, the undersigned Notary Public, in and for said County and State personally appeared John M. Ges sleman , proved tome on the basis of satisfactory evidence to be the AS s i t .Vice President, and Ric and A Valle.jo , t . proved tome on the basis of satisfactory evidence to be ASS Secretary of the corporation that executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of it's board of directors. Signature B SAMCO FOR NOTARY SEAL OR STAMP OFFICIAL SEAL NANCY J. FOMER {VOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGOCOUNTV my commission Exp. Aug. 13,1986 SUBORDINATIONN AGREEMENT W111::R1;AS, the owner of- that certain I.):i_opcrty her.e_i.na.Cter desc.ri_bed has granted to the San Dieguito Water. District, a corporation, in the County of'San Diego, State of California, the permanent easement and right of way: SEE EXHIBIT 'A' ATTACHED AND WHEREAS, Jim Nemoto and Joyce A. Nemoto, husband and wife, as joint tenants hereinafter known as the BENEFICIARY; and SAFECO TITLE INSURANCE, a California Corporation, is hereinafter known as the TRUSTEE as of the date of this instrument under that certain deed of trust executed by North County Holding Company, A General Partnership to secure a note for ($570,000) with interest dated February 1, 1983 and recorded February 15, 1983 in Official Records of the San Diego County Recorder, covering the property hereinabove described, as Instrument No. 83-049041. AND WHEREAS, the BENEFICIARY affirms that they are the owners and holders of the hereinabove described trust deed note, and have not assigned their interest in same they hereby direct and authorize said f TRUSTEE to join with them in the execution of this instrument. NOW, THEREFORE, for and in consideration of the benefits to accrue to the above described land by acceptance of said easement by said City of San Diego, the undersigned expressly subordnates all rights, title and interest in and to that portion of said premises herein described, covered by said deed of trust, to the interest of said City of San Diego j in said easement with the intent that said easement shall be prior and superior to the,lien of the deed of trust hereinabove described. r IN WITNESS WHEREOF, the BENEFICIARY and the TRUSTEE have caused this instrument to be executed this /3-7~4- day of, rg 8Z AS TRUSTEE: SAFECO TIT E INSURANCE, a Calif Cor AS BENEFICIARY: 2. 9-/3-83 1--xiil131T "A" PARCEL 1 BEING A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE ALONG THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, NORTH 89° 51' 54" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE SIDELINE OF REGAL ROAD AS DEDICATED PER DOCUMENT NO. 83-221204 RECORDED JUNE 29, 1983 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, THENCE ALONG THE SAID SIDELINE OF REGAL ROAD, NORTH 01° 18' 30" EAST, A DISTANCE OF 18.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88° 41' 30" WEST, 20.00 FEET; THENCE NORTH 43° 41' 30" WEST, 23.00 FEET; THENCE NORTH 89° 51' 54" WEST 170.75 FEET TO POINT "A"; THENCE NORTH 89° 51' 54" WEST, 20.00 FEET; THENCE NORTH 1° 18' 30" EAST, 23.00 FEET TO POINT "B", THENCE NORTH 1° 18' 30" EAST, 146.23 FEET; THENCE NORTH 40° 41' 30" WEST, 150.52 FEET; THENCE SOUTH 86° 26' 35" WEST 120.00 FEET; THENCE SOUTH 03° 33' 25" EAST, 19.00 FEET TO A POINT OF TERMINUS. PARCEL 2 BEING A STRIP OF LAND 10.00 FEET WIDE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT POINT "A" AS LOCATED AND DESCRIBED IN PARCEL 1 ABOVE, THENCE NORTH 00° 08' 06" EAST A DISTANCE OF 10.00 FEET TO TRUE POINT OF BEGINNING. THENCE NORTH 00° 08' 06" EAST 17.00 FEET TO THE POINT OF TERMINUS. PARCEL 3 BEING A STRIP OF LAND 10.00 FEET WIDE LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT POINT "B" AS LOCATED AND DESCRIBED IN PARCEL 1 ABOVE; THENCE NORTH 88° 41' 30" WEST, A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING THENCE NORTH 88° 41' 30" WEST, A DISTANCE OF 7.00 FEET TO A POINT OF TERMINUS. e b ni a q 5 3° 33' 25~E ISM PARCEL 2 6~ WNW ZZZZZZ z 0%00S 8 oo s z cn o co 0 a) ~ -Z .o:~oo on o g~S800 0 N 880yl'30"W 20OOl N y3°c-1/'30"W 23.00', w N M"51' 5-W 14 {70.75 PO-(NT A .po.e. PARCEL I _4 PARCEL 2 r' t b. OD i f ~~~G%~~~J t ~/3S ~~,~1~ ~ i (,~j, ~ayiU-~X~o