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2008-214330r RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT q� FOR THE BENEFIT OF THE DISTRICT MAIL TO: 9 WHEN RECORDED I SAN DIEGUITO WATER DISTRICT OC,I 505 S. VULCAN AVENUE ENCINITAS, CA 92024 DO 2008 - 0214330 APR 22, 2008 3:28 PM OFFICIAL RECORD'=' fJ C:IEI�I I COUNT`i' RECORDEFI'S OFFICE i�REiiORYJ ShAITH Ci it IfdT`r RECORDER FEES: Ij.l 0 0C hla PAGES: 9 APN 256- 121 -41 -00 GRANT OF EASEMENT FOR WATER LINE DOCUMENTARY TRANSFER TAX $ The undersigned, The City of Encinitas (as successor in interest to the Encinitas Fire Protection District), hereinafter designated GRANTOR, for a valuable consideration,. hereby grants to the SAN DIEGUITO WATER DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of California as GRANTEE, receipt whereof is hereby acknowledged, does hereby grant unto said San Dieguito Water District, its successors and assigns, an exclusive and permanent easement of right of way in, upon, over and across the lands hereinafter described, for the 'purpose of locating, relocating, constructing, reconstructing, maintaining, operating, inspecting and 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: The route of said easement of right -of -way across the aforesaid lands shall be as follows: SEE EXHIBITS "A" & "B" - 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. Fire Station No 3.doc • • 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. Executed this / `/ 41— day of #41, N v�t'A.Ri A 1. Cf�i7 Gr e �TF 11: P.E. Cotton City Manger City of Encinitas This is to certify that the interest in real property conveyed by the deed or grant dated from the City of Encinitas 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. Dated y 1& 32008 —Yi— B Lawrence A. Watt General Manager San Dieguito Water District J u E EL AiiA PRENT1 E - AI COMM.015500 z o Notary Public Ca lifOr nia o Z San Diego County Comm. Ex 'res feb. 5 2001 Fire Station No 3.doc • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of s4a_) D 1 t6 D On ia,0' 1 , o)W before me, a16 A (:C 7F n� fjo7 ,42t"( -A h// � Date Here Insert Name and Title of the Officer personally appeared zi Name(s) of Signer(s) OFFICIAL SEAL B GINA FRANCES ZENNS �' NOTARY PUBLIG arm " MY M. who proved to me on the basis of satisfactory evidence to be the person(@) whose name(e) is /afe subscribed to the within instrument and acknowledged to me that he /sk►eAhey executed the same in his /b®gbo# authorized capacity(aee), and that by his /gerA0,eir signature( on the instrument the person( .&), or the entity upon behalf of which the person(.&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SignatureC � . Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: [7K4Z4 . r O(` L14547YI F^) T t'UK (.u)L�/ EK Document Date: 40P L N f — 00 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: - PE. C0-40n Signer's Name: K Individual ❑ Individual ❑ Corp orate Offiror— Titlefcl• ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: -" Signer Is Representing: lNac 0-iT 1 of byCiNlT_A-S , rfi;75 R �Q ❑ Corporate Officer — Title(cl; ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 r� f� • - NIA ALL-PURPOSE ACKNO WLEDGMENT 5,�S State of California County of 1 �_�K - \ 7L\Pa© On 04 • tlQOR before me, Date 1 , Here Insert Name and Tile of the Officer personally appeared C� DEANA MENTICE COMM. #1550047 Z 00 Notary Public • California m fIly • San Diego County j Conan. Expoes Feb., 1, 2009 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person() whose name( subscribed to the within instrument and acknowledged to me that (D/she/they executed the s me in &her /their authorized capacity#o), and that by his er /their signature% on the instrument the person(*, or the entity upon behalf of which the person(* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES my had and offici se I. Signature OAA Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Acument Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • 9 ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Cornorate Officer — TitlP(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER o f thumb here 'u :' ✓ti:� .�✓ ` ✓4�✓ L '.� -yi.0 .. ✓4 4' ✓6 .' ✓:'rr. "ri: �."rr6�✓ -✓ � "� ' `✓' _ ' * 4�6 " ✓6'yti. 11E1W,)(!ZX0 We EXHIBIT "A" THOSE PORTIONS OF LOTS 5 AND 15 OF AVOCADO ACRES, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1791, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY APRIL 29, 1924, AND AS SHOWN ON RECORD OF SURVEY MAP NO. 19149 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 3, 2006, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "A" A 20.00 .FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 15, THENCE ALONG THE WESTERLY LINE OF SAID LOT 15, SAID LINE ALSO BEING THE EASTERLY LINE OF ORPHEUS AVENUE, 45 FEET WIDE , NORTH 04° 28' 17" EAST (RECORD NORTH 03 49' EAST PER SAID MAP NO. 1791) A DISTANCE OF 10.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 42' 52" EAST A DISTANCE OF 209.94 FEET; THENCE NORTH 00° 02' 15" WEST A DISTANCE OF 25.57 FEET TO A POINT HEREIN DESIGNATED AS POINT "A"; THENCE CONTINUING NORTH 00° 02' 15" WEST A DISTANCE OF 11.05 FEET TO A POINT HEREIN DESIGNATED AS POINT "B "; THENCE CONTINUING NORTH 00° 02' 15" WEST A DISTANCE OF 4.16 FEET TO A POINT HEREIN DESIGNATED AS POINT "C"; THENCE CONTINUING NORTH 00 02' 15" WEST A DISTANCE OF 5.00 FEET TO THE POINT OF TERMINUS. L:\ PROJECTS \0528\Admin \Legals \EXHIBIT -A.doc Page I of I • • THE SIDELINES OF SAID 20.00 FOOT EASEMENT SHALL BE LENGTHENED OR SHORTENED TO TERMINATE AT SAID WESTERLY LINE OF LOT 15. PARCEL`B" A 5.00 FOOT WIDE STRIP OF LAND LYING 2.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. COMMENCING AT THE AFOREMENTIONED POINT "A ", THENCE NORTH 89° 57'45" EAST A DISTANCE OF 24.56 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL "A ". PARCEL "C" A 2.50 FOOT WIDE STRIP OF LAND LYING 2.50 FEET SOUTHERLY OF THE FOLLOWING DESCRIBED LINE. COMMENCING AT THE AFOREMENTIONED POINT "B ", THENCE SOUTH 89° 57'45" WEST A DISTANCE OF 16.33 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL "A ". PARCEL "D" A 10.00 FOOT WIDE STRIP OF LAND LYING 5.00 FEET ON F.,ACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. COMMENCING AT THE AFOREMENTIONED POINT "C ", THENCE SOUTH 89° 57'45" WEST A DISTANCE OF 24.31 FEET TO THE POINT OF TERMINUS. EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN PARCELS "A" AND "B ". L: \PROJECTS\ 0528 \Admin \Legals \EXHIBIT -A. doe Page 2 of 2 • SAID EASEMENT CONTAINS 5,340.91 SQ. FT. o,o 2� 0 -7 THOMAS A. JONES DAT L.S. 6622 L� LAND �,S AA 5 7k' EXP IZ - \u' N& 666n , OF L:\ PROJECTS \0528\Admin \Legals \EXHIBIT -A.doc Page 3 of 3 EXHIBIT 'B' lqw SHEET 1 OF 2 SHEETS AVOCADO ACR—�Sj J% j\jl A P JN D. ) Y g J S -�REE� co -F v� J J% J W I J > I P.O.C. S.W. COR LOT 15 I �— v � J J r � J I �Dr5 LL1 L O C, 2 I I PDR� -p s-\IR I I p J\jl I Z SCALE 1"=100' v� _ o c5` PArR 2 / v J 8 s) r J / SAND NOTE: 1. SEE SHEET 2 FOR DATA TABLE & DETAILS. LEGEND P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING INDICATES EASEMENT GRANTED HEREON EXP. 12 -31 07 NO. 66 s9 � OF CA��F��� ENCINITAS FIRE STATION NO. 3 PUBLIC WATERLINE EASEMENT M. FILE: L \PR0JECTS \0528 \Fngr \Water Esmt \WotrEsmt.dwg L I� 25' 2( U LL 2 CL Of 'I O m I 0 W i� N M O O tlm 25' 120' EXHIBIT 'B' SHEET 2 OF 2 SHEETS -//\VDC DD ArRE:� 4 A P N 0 - 17 91 EASEMENT FOR COUNTY HIGHWAY POINT 'C' PER DOC. REC. 11 -15 -1966 AS I BEGIN PARCEL 'D' FILE NO. 180728 O.R. 5 POINT 'B' BEGIN PARCEL 'C' o 8 I 4 POINT 'A' BEGIN PARCEL 'B' J — 3 - un � Nl J N 6 Ty in 2 N P.O.C. SW COR. LOT 15 n J CK I r / 11 PJ: c) - T SCALE 1 1"=50' ENCINITAS FIRE STATION NO. 3 PUBLIC WATERLINE EASEMENT DWG. FILE: L:\PROJECTS\0528\Engr\Water Esmt\WatrEsmt.dwg CENTERLINE DATA NUMBER DIRECTION DISTANCE 1 S 89'42'52" E 209.94' 2 N 00'02' 15" W 25.57' 3 N 00'02'15" W 11.05' 4 N 00'02'15" W 4.16' 5 N 00'02'15" W 5.00' 6 N 89'57'45" E 24.56' 7 S 89'57'45" W 16.33' 8 S 89'57'45" W 24.31' n J CK I r / 11 PJ: c) - T SCALE 1 1"=50' ENCINITAS FIRE STATION NO. 3 PUBLIC WATERLINE EASEMENT DWG. FILE: L:\PROJECTS\0528\Engr\Water Esmt\WatrEsmt.dwg MAY 2 0 2008 CITY OF ENCiNI