1999-483702'ECORDING REQUESTED BY:
SAN DIEGUITO WATER DISTRICT
WHEN RECORDED MAIL TO:
SAN DIEGUITO WATER DISTRICT
P.O. BOX 231010
ENCINITAS, CA 92023-1010
GRANT OF EASEMENT FOR WATER LINE
2939 1999-0483702
Jul 1-3, 1999 9-26
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.40
OC= NA
WAYS. L
Ar-1
1111111111111111111111111111
1999-0483702
The undersigned, WILLIAM C. PULTZ AND MAUREEN MOSS.
hereinafter designated GRANTOR, for a valuable consideration, hereby grants to the SAN DIEGUITO WATER DISTRICT, an irrigation district
organ ized and existing under and by virtue of the laws of the State of California as Grantee, receipt whereof is hereby acknowledged, does hereby
grantssth unto said San Dieguito Water District, its successors and assigns, an exclusive and permanent easement of right of way in, upon, over and
I~ acroe lands hereinafter described for the purpose of locating, relocating, constructing, reconstructing, maintaining, operating, inspecting and
(l-repairing a pipe line or pipes lines, and all fixtures and appurtenances incidental thereto for use in connection therewith, for the transmission and
distribution of water and all uses and purposes incidental thereto, together with the right of ingress thereto and egress therefrom, to and along said
right-of-way, together with the right to clear and keep clear said right-of-way from buildings, structures, explosive, trees, and other material or
growths detrimental to the uses herein granted.
The lands in which such easement of right-of-way is hereby granted are situated in the County of San Diego, State of California, and
particularly described as follows, to wit:
2
PARCEL--?-OF PARCEL MAP 16811 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO
, e rouge oz's ea0sefiiti of right-of-way across the aforesaid lands shall be as follows: SEE EXHIBIT "A"
It is expressly agreed that the Grantor shall have the right, at his own risk, to use the surface of the right-of-way hereby granted, for
agricultural uses except for the planting and growing of trees; and the right to cross or make use of the surface in a manner not detrimental to the
installation, construction, operation, inspection, repair, maintenance and replacement of a pipe line or pipe lines, or to any other purposes and uses as
are or may be necessary or incidental to the construction, maintenance and operation of the Grantee's proposed pipe line or pipe lines.
And the Grantor hereby agrees for himself, his successors or assigns, that he will not plant trees or construct or cause to the be constructed
and maintained any buildings or structures of any nature or kind within ten feet of said pipe line; or store or permit to be stored or use upon said
right-of-way any blasting supplies or explosives commonly used for blasting purposes.
And the Grantee hereby agrees that it will avoid unreasonable interference with the use by Grantor and his successors of said right-of-way,
and agrees not to fence the same, and agrees that the Grantor may enjoy the surface use of the land herein described, subject to the conditions above
stated; and agrees to permit the installation by the Grantor of water pipes reasonably required for Grantor's use on his said property over and across
the right-of-way in a manner which will not interfere with the Grantee's pipe lines and operations, provided, if the location is to be under Grantee's
pipe line, it must be installed subject to Grantee's supervision and approval, and the Grantee agrees, after the installation of its pipe lines, to restore
the surface grade above the pipe to as near the original elevation as practicable. All present installed utilities will be interfered with as little as
possible and if interrupted will be promptly restored to use at the expense of the Grantee.
Witness hand this f day ofd 19qg
r ~
I~Tz
Witness
MAUREEN MOSS
PL 3 2~ dj r~,y r- nl
Notaries: Use proper form on back.
2801.doc(07-10-95)
234®
OL PURPOSE ACKNOWLEDGEAT
:,FATE OF CALIFORNIA }SS
County of
a
On 2 1 q Ci before me,.~ I ~f l/t 1
y 'V--2- r
appeared, t l -t 0- Of\ C7
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/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.
JE~MANISCALCO
_ ++Commission # 1135834
Z
G z :
~ Notary Public -California
Son Diego County
My Comm. Expires Apr27, 2001
(This area for official notarial seal)
Si
This is to certify that the interest in real property conveyed by the deed or grant dated (A L,^1- 21 t c"iI . from k/.,i) el- , P,, 14-L
&-3 duo Jisch AA055 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 offer.
.sated 19~
Xd0HKp XRX" District Manager
Robert T. Acker
2801.doc(07-10-95)
2941
SAN DIEGUITO
59 EAST "0" STREET
ENCINITAS, CALIFORNIA 92024
0
WATER
SUBORDINATION OF BENEFICIARY OF DEED OF TRUST
DISTRICT
(619) 753-1145
In consideration of the mutual benefits arising from the granting
of the foregoing easement and for other good and valuable consideration,
the undersigned, as beneficiarv under that certain deed of trust, recorded
in the Office of the San Diego County Recorder at File/Page No. 1992-0254,974,
encumbering said property, consents to the granting of the aforesaid easement
and unconditionally waives, relinquishes and subordinates the lien or charge
of said deed of trust to said easement, and agrees that the easement shall at
all times be an interest in said property prior and superior to the lien or
charge of said deed of trust.
The easement and lien are over the property which is a part of TM or
TPM Number qR-1 1 q
Beneficiary
7/ fm
(Signatures must be acknowledged)
® 2942
State of California ) ss.
County of San Diego )
on Z-u'L ,J /q I` before me,
the undersi ne a notary public in and for said state,
personally appeared -7-q a~ po h,,,a k~IzuK o
(proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
4-s-/are subscribed to the within instrument and acknowledged
to me that heV-s-ITe/they executed the same in hies/their
authorized eapacity(ies), and that by __/their
signature(s) on the instrument the person(s), or the
entity(ies) upon behalf of which the person(s) acted,
executed the instrument.
Witness whereof I have set
jitI- ( ,
1991 .
my hand this - ~ day of
Signature:
Name:
Principal'place of business:
,56e-Alm- Rmil CA L i F•
My commission expires:
o y>
JMICE CL!
rr mw's s 0 U ~
C
Notm Ptak -
Rf+~C~rv rm.F~3r~L~(41 f
w:
r 2943
EXHIBIT "A"
LEGAL DESCRIPTION
AN EAESMENT FOR WATERLINE PURPOSES OVER, UNDER, ALONG AND
ACROSS THE SOUTHERLY 40.00 FEET OF PARCEL 2 OF PARCEL MAP 16811 IN
THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
RECORDRD MARCH 13, 1992 IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY.
C Y rG\
ty
No. 211
EXG `-3o-ci3.~:
i
i.:,
9
~~~~6 ,999
A ?Q
r.