1986-6366REQUESTED By
When recorded, mail to
Msgr. Timothy Harnett
St. John Catholic Church
P.O. Box 457
Encinitas, CA. 92024
Q
656- 86-006366
rte.
C, NI'Y
L
Tax Parcel No. 259-310-04 COUNTY L. L ;'`E t
259-311-01 COUNTY RrCCZUER ~
259-31?-06
253-311-07 i NO FEE--
I Above space for Recorder's use HA4
E A S E M E N T
FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged,
The ROMAN CATHOLIC BISHOP OF SAN DIEGO, a corporation sole, hereinafter called GRANTOR,
hereby GRANTS to
The SAN DIEGUITO WATER DISTRICT, a state agency of the County of San Diego, State of California,
hereinafter called GRAPJTEE, its successors and assigns,
an Easement and Right-of-Way, subject to the restrictions, reservations, and limitations stated
herein, under, upon, along, and across the real property of GRANTOR, as hereinafter described; for
ingress and egress; for the construction, operation, maintenance, repair, replacement,
reconstruction, and/or removal of water pipe line or lines and necessary appurtenances thereto for
the purposes and uses of said Water District, provided that such right of ingress and egress is
exercised with the least possible detriment and 'inconvenience to GRANTOR or to the land so used.
GRANTOR'S land in which such Easement and Right-of-Way is hereby granted, is situated in the County
of San Diego, State of California, and is described in EXHIBIT "A" attached hereto and made a part
hereof.
This is to certify that the interest in real property
conveyed by the died or gr ant dated
from&mt (Ar, Sa Dioguito Water
District, a govarnrriental ag' n cy is hereby accepted
and the granteo consenta to recordation thereof by
its dul authorized officer. /
!gate b
U A~7
All that portion of the West Half of the East Half of the Southwest Quarter of the
Northwest Quarter of Section Fourteen, Township Thirteen South, Range Four West, San
Bernardino Base and Meridian, according to United States Government Survey approved
April 19, 1881, lying Southerly of the Southerly right-of-way line of that certain
102.00-foot wide strip of land identified as Road Survey No. 458-66 and described in
Deed to the County of San Diego, recorded September 7, 1967, as File No. 136160, and
currently known as Encinitas Boulevard. Said GRANTOR'S land being also identified
as Parcel 2A, Parcel 2B, and Parcel 2C, as said Parcels are described in Deed to
GRANTOR, recorded April 9, 1979, as File No. 79-143313, in the Office of the County
Recorder of said San Diego County.
The easement and right-of-way hereinabove referred to and granted hereby being
more particularly"described as follows:
PARCEL AA
All that portion of said Parcel 2A and Parcel 28 described as Follows:
Beginning at the West Quarter Corner of said Section 14, which Corner bears
South 000 50' 34" West, 2594.34 feet from the Northwest corner thereof; thence
along the Southerly line of the Northwest Quarter of said Section 14, South 890 40' 18"
East, 660.20 feet to the Southwest corner of said Parcel 2C, being also the Southwest
corner of the Southeast Quarter of the Southwest Quarter of the Northwest Quarter of
said Section 14; thence along the Westerly line of said Parcel 2C, North 000 46' 21"
East, 324.14 feet to the Northwest corner thereof,.being also the Southwest corner of
said Parcel 2A, and the TRUE POINT OF BEGINNING of the hereindescribed PARCEL AA;
thence along the Westerly line of said Parcel 2A, North 000 46' 21" East, 64.03 feet
to the beginning of a tangent 97.00-foot radius curve, concave Easterly; thence along
said curve through a central angle of 280 04' 21" for an arc distance of 47.53 feet to
the beginning of a reverse 73.00-foot radius curve, concave Westerly; thence along
said reverse curve through a central angle bf''280 04' 21" for an arc distance of 35.77
feet, to a point in the Easterly line of the Westerly 20.00 feet, measured at right
angles to the Westerly line, of said Parcel 2A'; thence tangent to said reverse curve
and along the Easterly line of said Westerly 2aX0 feet of said Parcel 2A, and along
the Easterly line of the Westerly 20.00 feet of said Parcel 26, North 000 46' 211' East,
185.03 feet to a point in the Southerly right-of-way line of said Road Survey No.
458-66, being also a point in an 851.00-foot radius curve, concave Northerly, in said
right-of-way line, a radial line to said curve through said point bears South 130 31' 35"
West; thence Easterly along said curve and along said right-of-way through a central
angle of 040 39' 2311 for an arc distance of 69.16-feet to an intersection with the
Easterly line of the Westerly 88.00 feet, measured at right angles to the Westerly
line, of said Parcel 2A; thence leaving said Southerly right-of-way, and along the
Easterly line of the Westerly 88.00 feet of said Parcel 2A, South 00u 46' 211' West,
172.52 feet to the beginning of a tangent 70.67-foot radius curve, concave Northwesterly;
thence leaving the Easterly line of said Westerly 88.00 feet and along said curve
through a central angle of 490 18' 43" for an arc distance of 60.82 feet to the beginning
of a reverse 50.00-foot radius curve, concave Southeasterly; thence along said
reverse curve through a central angle of 490 18' 43" For an arc distance of 43.03
feet to a point in the Easterly line of the Westerly 46.00 feet of said Parcel 2A;
thence along the Easterly line of said Westerly 46.00 feet, South 000 46' 21" West,
52.19 feet to a point in the Southerly line of said Parcel 2A, being also a point
in the Northerly line of said Parcel 2C; thence along the Southerly line of said
Parcel 2A and along the Northerly line of said Parcel 2C, North 890 39' 32" West,
46.00 feet to the TRUE POINT OF BEGINNING of the hereindescribed PARCEL AA.
7 64 S
L 658
PARCEL 88
The Westerly 46.00 feet, measured at right angles to the Westerly line, of said
Parcel 2C; the Easterly line of said Westerly 46.00 feet being lengthened or fore-
shortened to terminate Northerly in the. Northerly line of said Parcel 2C, and
Southerly in the Southerly line of said Parcel 2C, being also the Southerly line
of the Northwest Quarter of said Section 14.
Reserving unto GRANTOR, its successors and assigns, subject to the terms and
conditions stated herein, the right to use the surface and/or subsurface of the easement
described herein, for the purposes and uses of GRANTOR; to construct, operate, maintain, repair,
reconstruct, or remove, access roads, service roads, driveways, walkways, stairways, vehicle
parking areas, lighting systems, irrigation pipe line or lines, drainage facilities, planter
areas, ramps, and fencing; For, planting, growing, and maintaining shrubs, trees, lawn, and/or
other ground cover; for the passage of pedestrian and vehicular traffic; for the construction,
operation, maintenance, repair, reconstruction, or removal of privately owned utility facilities
and appurtenant structures thereto; for the construction, operation, maintenance, repair,
reconstruction, or removal of buildings and other structures, that may, in the opinion of GRANTOR,
be deemed necessary, pertinent, and/or convenient to the developement, improvement, operation,
or maintenance-of said GRANTORIS land.
GRANTOR agrees to submit to GRANTEE for prior review and comment, all plans
initiated by or submitted for approval to, GRANTOR, for the construction of improvements or other
facilities within the boundary of said easement that may, in the opinion of GRANTOR, interfere
with GRANTEE'S use of paid easement, as here inabovedescribed. GRANTOR reserves the right to
proceed with any and all such construction in accordance with said plans submitted to GRANTEE,
should GRANTEE Fail to respond to such submittal within a reasonable time.
Other uses of said easement reserved unto GRANTOR as stated herein notwithstanding,
GRANTOR agrees not to erect, place, or construct, or permit to be erected, placed, or constructed,
any permanent building or other structure within the boundaries of the easement herein described
that would, in the opinion of GRANTEE, interfere with GRANTEE'S use of said easement.
GRANTEE understands and agrees that plans for all proposed construction, repair,
replacement, reconstruction, or removal, authorized by or under the direction of GRANTEE shall
be submitted to and receive approval of GRANTOR prior to the start of such construction, repair,
replacement, reconstruction, or removal; that the construction, installation, replacement, or
reconstruction of any water pipe line-or lines which are proposed to be four (4) inches or
larger in nominal diameter, and any necessary appurtenances thereto, shall be confined to the
Easterly 12.00 Feet, measured at 'right angles to the Easterly line, of the Westerly 24.00 feet
of the hereinabove described easement and right-of-way. GRANTEE shall notify GRANTOR, in
writing, not less than fifteen (15) calendar days of and prior to the start of such construction,
installation, replacement, repair, reconstruction, or removal.
3 01 S
i
659
Any improvements, structures, utilities, or other facilities owned, operated,
and maintained by GRANTOR which are damaged, destroyed, or removed by reason of GRANTEE'S
operations, shall be repaired, replaced, restored, or reconstructed in like kind and to the
satisfaction of GRANTOR at the sole expense of GRANTEE.
GRANTEE, under the supervision of GRANTOR, shall be permitted to discreetly cut
or trim any trees, bushes, and roots which protrude within the limits of said easement and which,
in the opinion of GRANTEE and GRANTOR alike, present a hindrance or detriment to the rights of
GRANTEE, as herein granted.
GRANTEE agrees not to erect or construct or permit to be erected or constructed,
any fence, wall, or other obstruction under, upon, along, or across said easement, or otherwise
restrict GRANTOR'S use of said easement.
GRANTEE shall assume all risks of loss, damage, and/or injury to person or persons
and/or property by reason of the condition or incident to GRANTEE'S use of said easement for the
purposes for which this easement is granted.
The terms, conditions, restrictions, and limitations-as stated hereinabove
notwithstanding, it is understoood and agreed that in the event GRANTEE fails to start the
for
installation or construction of the water pipe line or lines/which this easement and right-of-way
is granted, within three hundred sixty five (365) consecutive calendar days from and after the .
date of execution of this document by GRANTOR, this easement and right=of-way granted hereby and
the terms and conditions contained herein shall become null and void and of no effect.
The terms, conditions, restrictions, and limitations placed on the use of the
hereindescribed easement and right-of-way by GRANTOR, shall be binding upon and inure to the
benefit of the heirs, executors, administrators, agents, and assigns of GRANTOR, and the
successors, assigns, agents, employees, and contractors of GRANTEE.
Upon acceptance and execution of this document and the terms and conditions
contained herein, GRANTEE hereby remises, releases, and forever quit-claims unto GRANTOR, its
successors and assigns, all interest in prior easements of record for use by said Water District,
in
formerly known as San Dieguito Irrigation District, as.now exist with/the boundaries of land so
conveyed to GRANTOR by said Deed recorded April 9,.1979 as File No. 79-143313.
The acceptance, approval and execution of this Instrument notwithstanding, the
Easement and Right-of-Way granted herein and the terms and conditions described and defined
herein, shall remain invalid until such time as this Instrument is recorded in the Office of
the County Recorder of said San Diego County.
t/
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS.
n thisday of
CUAJ-Q~k a t ry Pu. is in an or
appeared LEO T. HER, personally known to me to b
Bishop of San Diego and to be the Incumbent of the
executed the within instrument and acknowledged to
ation sole executed the same.
WITNESS my hand and official seal.
il.l.`S' ~.CI.Ia L, Jr. a l,
l3ARPAPA C WALSH
E!014f2`t PUBLIC - CAUFORNIA
SAN DIEGO COUNT(
V7ZIZ ate My comm. exp!res DEC 26, 1987
19'g~, before me,
said State, personally
e The Roman Catholic
corporation sole that
me that said corpor
~8 e tv d4'k-
otary Public in an or said
County and State
0. 660
ACCEPTED and APPROVED this ~t~/nnr G day of 1985.
- o - 0 - o -
-IN WITNESS WHEREOF, GRANTOR has executed this instrument this
day of 1985.
The ROMAN CA
By
By
BISHOP OF SAN DIEGO, a corporation sole, as GRANTOR,
- s.- s - * - * - a - * - +a - + - s - e - ~ - s -
,
Notary Public in and for said County and State
My Commission Expires
5 of 5
Prepared by..wf@.....
Date...,Oct:.241.1985
STATE OF )
SS.
COUNTY OF )
ON THIS + day of , 1985,
before me, the undersigned, a Notary Public in and for said County and State, residing therein,
duly commissioned and sworn, personally appeared
known to me to be the
Presidbnt, and , known to 'toe to be the
Secretary of ,
the Corporation that executed the within Instrument, known to me to be the persons who executed
the within Instrument, on behalf of the Corporation therein named, and acknowledged tome that
such Corporation executers the within Instrument pursuant to its by-Laws or a Resolution of its
Board of Directors.'
WITNESS MV hand and official seal.
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LS 354