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1988-86042r- RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT WHEN RECORDED MAIL TO SAN DIEGUITO WATER DISTRICT 59 East "D" Street Encinitas, California 92024 1156 tti t,Z~Ll Z.. 560i,ls 14 IN, I'Y. 0, ~ M 25 Fm 2: 5 +r. 4 This space for Recorder's use NO DOCUMENTARY TRANSFER TAX GRANT OF EASEMENT FOR WATER LINE NO FEE THRIFTY REALTY COMPANY, a California Corporation, 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 non-exclusive /easement and right-of-way upon, in, across, over, and under the lands described below, to erect, install, construct, repair, underground replace, reconstruct, and maintain, an/water pipeline for any and all purposes, at such locations along, over and under the ease- ment 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: -1- e0~ 1157 and "Parcel D-1" Easements and right-of-way for water lines, within "Parcel T'/ of that portion of the Northeast Quarter of the Northwest Quarter of Section 22, Township 13 South, Range 4 West, San Bernardino respectively Meridian, described) in Deeds filed in the Office of the County Recorder, as file No. 67-188648 on December 1, 1967 and file No. 69-16484 on January 28, 1969; more particularly described as follows: Parcel A 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.89° 31' 10" West, 548.74 feet; thence leaving said Northerly line, South 000 28' 50" West, 30.00 feet; thence South 791 23' 26" East, 66.55 feet to the TRUE POINT OF BEGINNING; thence along the Easterly line of said Parcel 1, South 03° 35' 24" East, 159.50 feet; thence leaving said Easterly line, South 86° 24' 36" West, 113.00 feet to a point on the Westerly line of said Parcel -1; thence along said Westerly line North 03° 35' 24" West, 20.00 feet; thence leaving said Westerly line, North 86° 24' 36" East, 103.00 feet; thence North 03° 35' 24" West, 142.03 feet; thence South 79° 23' 26" East, 10.32 feet, returning to the TRUE POINT OF BEGINNING. -2- 1158 Parcel B 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 89° 31' 10" West, 548.74 feet; thence leaving said Northerly line, South 00° 28' 50" West, 30.00 feet; thence South 79° 23' 26" East, 66.55 feet; thence South 03° 35' 24" East, 356.49 feet to an angle point in the Easterly line of said Parcel 1; thence along a Northerly line of Parcel 1, South 86° 24' 36" West, 44.00 feet, to an angle point therein; thence South 03° 35' 24" East, 13.00 feet, along the Easterly line of Parcel 1 to the TRUE POINT OF BEGINNING; thence continuing along said Easterly line, South. 03°35' 24" East, 20.00 feet; thence leaving said Easterly line South 86°24' 36" West, 97.00 feet, to a point on the Westerly line of Parcela-1; thence along said Westerly line North 03° 35' 24" West, 16.22 feet, to an angle point therein; thence along a Northerly line of Parcel I~1, North 86°24' 36" East, 28.00 feet to an angle point therein; thence along the Westerly line of said ParcelD-1, North 03°35' 24" West, 3.78 feet; thence leaving said Westerly line, North 86 ° 24' 36" East, 69.00 feet, returning to the TRUE POINT OF BEGINNING. SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF -3- The GRANTOR also grants the right of ingress and egress to and from said easement and right-of-way by reasonable and practical taking into consideration the inconvenience to Grantor routes,/ for the purpose of constructing, maintaining, operating, (within the easement boundaries) 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 required or /permitted by this easement. -4- 0u 1160 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 that endanger or interfere with the use of said easement 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. 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 than thirty days before -5- •0ti 1161 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 solely from such 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 released. 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 public agency. All work done by GRANTOR or its successor within the limits of and affecting the facilities install pd thin 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. -6- •G 11 -Sz 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 thi s g4-x- day of , 1988. THRIFTY REALTY COMPANY, a California Corporation By: Title: President By: Title: Asst. Vice President and Asst. Secretary -7- 0, 11-63 STATE OF CALIFORNIA ] } SS. COUNTY OF LOS ANGELES ] On 1988 before me, the undersigned, a Notary Public in and for the State of California, personally appeared Richard G. Eils, President and Linda Breen, Asst. Vice Pres. & Asst. Secy., known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument on behalf of the THRIFTY REALTY COMPANY, a California Corporation and acknowledged to me that they executed it. WITNESS my hand and official seal. %0'40 too R ~eP~ of . OFFICIAL SEAL L(AETfA IRENE FREDERICK W ® NOTARY PUBLIC - CALIFORMlA PRINCIPAL OFFICE IN LOS ANGELES COUNTY Uiy C iSSi Expel; 5 Sept 30, 1991 Notary Public in and for the State of California This is to certify that the interest in real property conveyed by -the this grant dated 1988 from THRIFTY REALTY COMPANY, a California Corporation, 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 o^L1988 By W Warren Shafer -8- .C'j, 1164 -51e2 ~23A~? ~v C ~4N14 FE Ol? 'q =574 0 a N03! .5 Z4 cv, Ol ev E nizoF ,vE.«y9 a 22. ~ -W 3G'~E \ C~ I, iv N~G~43GE ZB.C~ N03 3f ?q n sign R.C.E. it~i! MY REGMTRATION EXPOWS DEC. i1, 19" PLAT AND LEGAL PREPARED Or j GFRARD Y. MAACMAIO AL ~ f -581~Zq.~lo~~(II~OC~ =~5G~3°3524~E 4G?49~ -5 03 35 2q ~E ZL?G~ \ U-,r Easement Area - 9-