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
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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:
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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.
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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
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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.
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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
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•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.
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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
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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
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MY REGMTRATION EXPOWS DEC. i1, 19"
PLAT AND LEGAL PREPARED Or
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GFRARD Y. MAACMAIO AL ~
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Easement Area
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