1988-86041086041
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RECORDING REQUESTED BY:
SAN DIEGUITO WATER DISTRICT
E'ER PH 2: 15
WHEN RECORDED MAIL TO ~IERA 1 , Y
CutNN1fi WL- i't; r
SAN DIEGUITO WATER DISTRICT
59 East "D" Street
Encinitas, California 92024 This space for Recorder's use
NO DOCUMENTARY TRANSFER TAX NO FEE
GRANT OF EASEMENT FOR WATER LINE
ROGER A. JOSEPH and LAURIE M. JOSEPH, husband and wife, as
community property as to an undivided interest, hereinafter
designated GRANTOR, for a valuable consideration, 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, at such locations along, over and under the
right-of-way 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.
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:
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1149
Easement and right-of-way for water lines, within that portion of
the Northeast Quarter of the Northwest Quarter of Section 22,
Township 13 South, Range 4 West, San Bernardino Meridian,
described in Deed filed in the Office of the County Recorder of
San Diego County, August 18, 1969, as file No. 69-150888; more
particularly described as follows:
Commencing at the Northeast corner of the Northeast Quarter of
the Northwest Quarter of Section 22, Township 13 South, Range 4
West, San Bernardino Meridian; thence along the Northerly line of
said Quarter-Quarter Section, North 891 31' 10" West, 599.48
feet; thence leaving said Northerly line, South 03° 35' 24"
East, 189.35 feet along the Easterly line of Parcel to the TRUE
POINT OF BEGINNING; thence continuing along said Easterly line,
South 03° 35' 24" East, 233.78 feet to an angle point therein;
thence along a Southerly line of Parcel, South 86124' 36" West,
28.00 feet to an angle point therein; thence leaving said
Southerly line, North 03°35' 24" West, 233.78 feet; thence North
86° 24' 36" East, 28.00 feet, returning to the TRUE POINT OF
BEGINNING.
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
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0. 1 1 5 0
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 constructing, 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, 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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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 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 a 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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GRANTOR may at its sole cost and expense relocate the facilities
of GRANTEE horizontally, vertically and otherwise, 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 sub3ect 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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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 z day of r✓''^' 1987.
ROGER A. JOS PH
LAURIE M. JO~EPH
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STATE OF CALIFORNIA j
} SS.
COUNTY OF SAN DIEGO ]
On January 21st 1987 before me, the undersigned, a
Notary Public in and for the State of California, personally
appeared ROGER A.P.JOSEPH and LAURIE M. JOSEPH, known to me (or
proved to me on the basis of satisfactory evidence) to be the
persons whose names are subscribed to this instrument, and
acknowledged that they executed the same.
WITNESS my hand and official seal.
N ry Public in and for
OffCIAL sM tft6 State of California
JULIA BLACK
1T kawto-OWF01"
N DIEGO COUNTY
MAR. 18,1991
This is to certify that the interest in real property conveyed by
the this grant dated 1987 from
ROGER A.P.JOSEPH and LAURIE M. JOSEPH 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 2 -17-62 1987 By ~-4 ~
Wdrren Shafer
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