1992-5859791272
' RECORDING REQUESTED BY : 16-SEA'-1992 10:40 AM
SAN DIEGUITO WATER DISTRICT
WHEN RECORDED MAIL TO:
San Dieguito Water District
59 East "D" Street
Encinitas, Ca 92024 Z
NO DOCUMENTARY TRANSFER TAXI
.OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES: 0.00
NA
NO FEE
GRANT OF EASEMENT FOR WATER LINE
RICHARD K. HERZ, as his sole and separate property,
hereinafter designated GRANTOR, is the legal and beneficial owner
of real property described in more particular detail on Exhibit
"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 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, an underground water pipeline
for any and all purposes, as GRANTEE may now or hereafter require
without any additional compensation therefore. 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:
1
127 3
EXHIBIT "A" WHICH IS ATTACHED HERETO AND MADE A PART HEREOF
The GRANTOR also grants the right-of-way 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, 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
2
easement boundari,_ described above. 12 7
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.
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
3
- 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.
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 LW~HEREOF, the GRANTORS have executed this Easement on
this / day of wt~ 19
RICHA K. HERZ
4
1276
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 Richard K. Herz 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. -
Wary Public in and for
OFFICIAL SE-L
j05FRHIN` E• `,3EEB ate of California
's NWW'y 'U81LIC-CALIFORNIA
P;'tr I'AL OFFICE IN
{ b AN DIEGO COUNTY
My Ccrn mission Expires May 26. 1994
This is to certify that the interest in real property conveyed by
the grant dated 25~~ 19 from
Richard K. Herz 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 S , 1992 By
Warren H. Shafer
5
127'7
EXHIBIT "A"
AS EASEMENT FOR WATER FACILITIES OVER A PORTION OF PARCEL 1, IN THE
CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS
SHOWN AT PAGE 5661 OF PARCEL MAPS, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10, 1977, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY MOST CORNER OF SAID PARCEL 1; THENCE
EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 1, A DISTANCE OF
25.00 FEET; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID PARCEL
1, A DISTANCE OF 15.00 FEET; THENCE WESTERLY PARALLEL WITH THE
NORTHERLY LINE OF SAID PARCEL 1, A DISTANCE OF 22.00 FEET; THENCE
SOUTHERLY PARALLEL WITH SAID EASTERLY LINE OF PARCEL 1, A DISTANCE
OF 5.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE OF
PARCEL 1, A DISTANCE OF 3.00 FEET TO THE WESTERLY LINE OF SAID
PARCEL 1; THENCE NORTHERLY ALONG SAID WESTERLY LINE OF PARCEL 1, A
DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING.
Assessor's Parcel No. 254-102-54
G
HILLCREST
SCALE
J.N. 05109
1278
LEGEND
EA SEMEN T FOR WA TER
` FACILITIES TO THE SAN
DIEGUI TO WA TER DISTRICT
ASSESSOR'S PARCEL NO.
254-102-54
1 80'
02-21-92
2
August 18, 1992
E-A]
SAN DIEGUITO WATER DISTRICT
59 EAST "D" STREET
ENCINITAS, CALIFORNIA 92024
SUBORDINATION OF BENEFICIARY OF DEED OF TRUST
(619) 753-1145
In consideration of the mutual benefits arising from the granting
of the foregoing easement and for other good and valuable consideration,
the undersigned, as beneficiary under that certain deed of trust, recorded
in the Office of the San Diego County Recorder at File/Page No.
encumbering said property, consents to the granting of the aforesaid easement
and unconditionally waives, relinquishes and subordinates the lien or charge
of said deed of trust to said easement, and agrees that the easement shall at
all times be an interest in said property prior and superior to the lien or
charge of said deed of trust.
The easement and lien are over the property which is a part of TM or
TPM Number A DA/ lo a- ,5-yl
LO S AV AMIDES, AVP
HELEN BAY, CLERK T IST
(Signatures must be acknowledged)
CITIZENS FEDERAL BA K, A FEDERAL SAVINGS
BANK
SUSAN E.D(sjBB.S---;eficiary VICE PRESIDENT