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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