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Un-Recorded Ingress/Egress• • RECORDING REQUESTED BY San Dieguito Water Dist. WHEN RECORDED MAIL TO: Mr. Andrew C. Pucio 207 Calle Rica San Clemente, Ca 92672 Space Above For Recorder's Use GRANT OF EASEMENT For valuable consideration SAN DIEGUITO WATER DISTRICT, an Irrigation District for the State of California, formerly known as SAN DIEGUITO IRRIGATION DISTRICT, as Grantor, hereby grants to ANDREW CHARLES PUCIO, as Grantee, the following described real property in the State of California, County of San Diego: An easement for ingress and egress for road purposes over, along, and across the Northerly 20 feet of the Westerly 304.41 feet, lying East of RS 811 Nardo Road, in the Northwest Quarter of the Northeast Quarter of the Southeast Quarter of Section 15, Township 13 South, Range 4 West, San Bernardino Meridian in the County of San Diego, State of California, according to United States Government Survey approved April 19, 1881. This easement is for ingress to and egress from the following described real property and shall be appurtenant thereto: All of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter of the Southeast Quarter of Section 15, Township 13 South, Range 4 West, San Bernardino Meridian, According to United States Government Survey. Excepting therefrom the Northerly 20.00 feet; thence Southerly 135.00 feet and the Westerly 190.00 feet thereof. -1- The within described 20 foot easement has been used for the benefit of property at 725 & 729 Riqueza Street, Encinitas, California since 1943. This easement shall be subject to the following conditions: 1. The easement shall be a non-exclusive easement and Grantor shall have the right to grant easements to other persons to serve other properties. 2. At the sole cost and expense of Grantee, Grantee shall have the right to construct, maintain and repair a road on the easement, and Grantor shall have no obligation or liability for the cost of the construction, maintenance or repair thereof. 3. Grantee shall not interfere with the pipelines of Grantor which are now or may hereafter be installed by Grantor. Grantor shall have no obligation or liability for any damage caused to the easement or any road constructed thereon arising out of the locating, relocating, constructing, reconstructing, maintaining, operating, inspecting or repairing of any present or future pipeline or pipelines of Grantor. SAN DIEGUITO WATER DIS RI By President Secretary -2- O { STATE OF CALIFORNIA SS. COUNTY OF L j On •1 i i1% 2 before me, ~i t' /VEcf~ t; 4 r t! (here insert name and title of the officer), personally appeared /2A/NZ-'_ CaLt :%!U tV R R t~ cAI /I/ S/it-'fE OFFICIAL SEAL JOSEPHINE E. NEES PRINCIPAL 07f ICE IN SAN DIEGO COUNTY My Commission Expires May 26. 1994 (Seal) ACKNOWLEDGMENT-All Purpose -Wolcotts Form 237CA-Rev. 1-91 c,1991 WOLCOTTS, INC. (once class 8-2) , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that-464s*e/they executed the same in4s/hK/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature • • SAN DIEGUITO WATER DISTRICT AGENDA REPORT MEETING DATE: OCTOBER 27, 1992 TO: Board of Directors VIA:S Warren H. Shafer, District Manager Bob Nelson, Interim Public Works Direct Joseph V. Palmer, Operations Managerk~ U FROM: ~ SDWD Engineering & Planning Department Victor R. Graves, Engineer & Planning Supervisor DATE: October 20, 1992 SUBJECT: Authorization for District Manager to Grant Andrew Charles Pucio an Easement for Ingress and Egress Purposes Across a District Owned Parcel on Requeza Street, APN 258-350-11. ISSUE: Whether to grant an easement for ingress and egress purposes over District owned property. BACKGROUND: The District owns and maintains a pipeline in a 20 foot wide strip of land, which is the southerly portion of a private street known as Requeza Street. This District owned property (APN 258-350-11) has always been utilized as a road easement and is the only means of access for adjacent properties to the south. The property at 725-29 Requeza Street (APN 258-350-08) has been sold and is currently in escrow, which is scheduled to close in November. The owner, Andrew Pucio, is requesting legal access for ingress and egress purposes from his property west to Nardo Road, a public street. ANALYSIS: In 1984, the San Dieguito Water District Board of Directors approved Resolution No. 84-21 which established District Policy concerning future easement requests from properties contiguous to APN 258-350-11. Approval of the resolution allows for the granting of ingress and egress, but also states that the District will not be responsible for any road improvements and/or development of the street. Attached (Exhibit "Ail) is a copy of the "Grant of Easement'! form for ingress and egress. Page two (2) of the form states the conditions required in Resolution No. 84-21. FISCAL AND STAFF IMPACT: Fiscal and staff impacts are recovered by the processing fee required for easements. RECOMMENDATION: It is recommended that the Board of Directors authorize the District Manager to grant Andrew Charles Pucio an easement for ingress and egress purposes across a District owned parcel on Requeza Street, APN 258-350-11. Z7 APN 258-350-1 Owned by District ® Easement for Ingress & Egress within District Owned Property. j Property owned by Andrew Charles Pucio. RigUEZA ST. y ti REQUEZ A ST) yt ~•ry ~ 6G .B 3 39 n h 11 ~N O h i~zs.c ' O (00 O.SI,C m ~ J Si.C ~ O 1 C .,a°. 12 0©C. p O M O .059AC gI Q 25 co M O.w O a1 SPIT I V1 b w 0.63 AC osa ec. Qr.. rx.r ,fo. ao 2B 34 4 a2 , a3 as ~ t3 ~ M u O M O` m 0 9i •C Q rs r 3o G7 90 19*.79 ' PM 6161 PAR.I PAR.2 e 45 O ,i8 - ig 21 ; 0.61 AC. Z a i \ ;SO. 2 /56.79 2 PM6161 120.x2 .25 ,C 4 17 : o so Ac SAN DIEGO COUNTY ASSESSOR'S MAP 8K 258 PG 35 37 258-35 F, 100, E 1/a CQ9t_.. ® ° ~ PgLME.e. 0 90.6 L7o i0 ' . 5- 20 / 37 0 38 /8/.50 ! 39 ^ n b 5 9 ' 10 0 36 m J..G. W N F ~Q Q ,m SEC 15 - T13S-R4W - POR N 1/2 OE`NE _T/ -:CJ1- SE 1.'4 ROS 4267 a7 0 Attn:Josephine Planning & Engineering Dept. San Dieguito Water District 59 East D Street Encinitas, CA 92024 October 13, 1992 RE: Application For Access Easement To Benefit Poperty At 725 & 729 Riqueza, Encinitas APN# 258-350-08-00 Dear Board Of Directors: In the early 1940's the San Dieguito Water District deeded out the subject property but without legal access. The present owner, Andrew Pucio, acquired title in 1971 without knowledge that there was no legal access. The property was recently listed by me and has now sold and is in escrow scheduled for closing in November. The lack of legal access has created financing difficulties and could prevent the sale of the property. The owner, Andrew Pucio requests that you grant him and any subsequent owners an access easement over Riqueza road from his property west to Nardo, a public street. A plat is enclosed with the suggested easement area delineated. As the district created the landlocked situation originally, it is assumed there would be no charge for the easement. We would appreciate your earliest attention to this matter so that the escrow is not held up. We understand that this could be approved at your October 26, 1992 meeting, which would allow time for the necessary paperwork. Please contact me for any assistance or information required. Thank You, Don Connors Agent For Andrew Pucio PUCIOEL 2146 Encinitas Blvd. Encinitas,CA 92024 C C: A7,44 AC" Seal Coast 2146 Encinitas Boulevard Encinitas, California 92024 (619) 944-1112 l o'2r i~ L V c4o, 6a,14, S c', 0 f e,5v i f"O G,6& 1s, o f Qz,. -65,0m4- T-n Andl-e" et'o-e-za Ptopey-iO lqpi11 :P 23 b- 3 SD- 00 --00 D-ezk-l ✓hrC-"100 -ea ' L 00 10V P~ 5 Yom' -7Lt 0-0/ 4W G/ a-~ ~ X11 l vo oevoss t< ao GvIP 01- cS)'m C' lfY L('eS t t)0 yego c k r T lac, (iJ c$v~ P~/~ ` Cif ci~ ~ GuDsS ~1a C LA- A"'o Y J r j L,,c DG cv o r ►~~i IS a 1S De C''0' Each Office Is Independently Owned And Operated Order No. 950378<3 Page 2 Schedule "A'® The form of policy of title insurance contemplated by this report is: ALTA RESIDENTIAL & ALTA LOAN The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCEL 1; AN EASEMENT AS TO PARCEL 2 Title to said estate or interest at the date hereof is vested in: ANDREW CHARLES PUCIO, A SINGLE MAN The land referred to in this report is in the county of San Diego, state of California, and is described as follows: See attached Exhibit "A" • r~ u Order No. 950378.3 Page 3 Exhibit "All PARCEL 1: ALL OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. EXCEPTING THEREFROM THE NORTHERLY 20.00 FEET; THENCE SOUTHERLY 135.00 FEET AND THE WESTERLY 190.00 FEET THEREOF. PARCEL 2: AN EASEMENT FOR UTILITY AND SEWER PURPOSES OVER THE NORTHERLY 4.00 FEET OF THE SOUTHERLY 194.00 FEET OF THE EASTERLY 170.00 FEET OF THE WESTERLY 190.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN ACCORDING TO UNITED STATES GOVERNMENT SURVEY. 0 n LJ Order No. 950378.3 Page 4 Schedule "B" At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: 1. General and special county and/or city taxes for the fiscal year: 1992-93; a lien not yet due and payable. 2. General and special county and/or city taxes for the fiscal year: 1991-92, including personal property tax if any. First half: PAID Second half: PAID 3. The lien, if any, which may be levied under a Community Facilities Act of 1982, pursuant to the provision of Chapter 1.5, Part I, Division 2 Title 5 of the Government Code of the State of California, by reason of the fact that said land may fall within such a district. Said lien, if any, may be incorporated into the regular property tax bill and may be a part of the General Tax Collections process. 4. The lien of supplemen, provisions of Chapter California. 5. Covenants, conditions JUNE 16, 1944 IN BOOK Restrictions, if any, origin are deleted. tal taxes, if any, assessed pursuant to the 498, Statutes of 1983 of the State of and restrictions in an instrument recorded: 1701, PAGE 90 OF OFFICIAL RECORDS. based on race, color, religion or national 6. ANY DEFECT OF THE LEGAL DESCRIPTION OF PARCEL 2 HEREIN WHICH MAY CREATE ANY LACK OF ACCESS TO A PUBLIC ROAD. 7. This report is incomplete. We will require a statement of information from the parties indicated below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. From: PUCIO, ANDREW. 8. This report is incomplete. We will require a statement of information from the parties indicated below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. From: FONTAINE, SHARON & DAVID. 9. Rights of parties in possession of said land. Notes: 1. Policy charge will be based on basic rate. 2. Title of the vestee herein was acquired by deed recorded prior to six months from the date hereof. • 0 Order No. 950378.3 Page 5 3. Our A.L.T.A. Policy, when issued, will contain C.L.T.A. Indorsement No. 100. There is located on said land: A MULTIPLE FAMILY RESIDENCE KNOWN AS: 725-29 RIQUEZA STREET ENCINITAS, CALIFORNIA 4. As of January 1, 1990, Chapter 598, California Statutes of 1989 (AB 512; Ins. Code Sec 12413.1) became effective. The law requires that all funds be deposited and available for withdrawal by the title entity's escrow or subescrow account prior to disbursement of any funds. Only cash or wired funds can be given immediate availability upon deposit. Cashier's checks, Teller's checks and Certified checks may be available one business day after deposit. All other funds such as personal, corporate or partnership checks and drafts may cause material delays in disbursement of funds on this order. In order to avoid delays, all funding should be wire transfer. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or availability of deposited checks. Our wiring information.is: Union Bank 530 "B" Street San Diego, CA 92101 BANK NUMBER: 122000496 CREDIT: Commonwealth Land Title Co. ACCOUNT NUMBER: 4000124120 ORDER NUMBER: 950378.3 NOTE: If Sub-Escrow Services are requested to be performed by the Company, the payment of any demand to a lender whose Deed of Trust secures a line of credit, construction, or other loan that provides for future advances, will require that the account be closed as to any future advances prior to the date of closing. Any failure to close the account on the part of the lender being paid, may result in this company refusing to provide sub-escrow services. 5. Requirement that this company be furnished with a copy of any supplemental tax bills now in existence which are not reflected on this report. 6. NOTE: If taxes are posted paid less than 45 days, the Company will hold the tax amount plus delinquency amount until 45 days have elapsed. If taxes have been paid through an impound account or if a copy of the cancelled check can be provided to us, this requirement can be waived. 7. Matters which may be disclosed by an inspection or survey of said land or by inquiry of the parties in possession thereof. An inspection of said land has been ordered and upon its completion we will advise you of our findings.