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2000-630825_rn -4- P-P-A- RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 505 S. VULCAN AVENUE ENCINITAS, CA 92024 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES. 0.00 CC: NA A' Parcel No. 254 -614 1 02 05 0� DO-- 200 N 0 2 PM C , 0 GRANT OF EASEMENT FOR WATER LINE The undersigned, Encinitas Ranch LLC, 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. 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 � I day of Oe - U 6 f r 2000, Encinitas Ranch LL e Lr v'G 1 f�r��w�C z� alanaG �3lo SPCuays/P ,Ur• 2801.doc (07- 10-95) r' y C AL DIFORMOA ALL-PURPOSE - PURPOO SCE AOGSMOEL EDD OMC M4 On 'd \ ` before me, Date Name and jitle of Officer (e.g., "Jane Do b, Notary Public ") 1 1 personally appeared 9 (�hw�c-a­ , Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence State of California l r ss. County of to be the person(#) whose name( is /ate subscribed to the within instrument and acknowledged to me that he /s�Ie /they executed the same in his /h6r -f KC* authorized capacity(l9a), and that by his /hv_+ /th4+r- signature(s}-bn the instrument the person(5); or the entity upon behalf of which the person(c� acted, executed the instrument. KIMBERLY M. JONES_ ­!alon # 1128371 3 "!ic — Catlfom'a 5 4 J °an Di ^po County My Comm. Expires Mar 5. Mol _ WITNESS my hand and official seal. M 1 Place Notary Seal Above S ature of N ary Public OP 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: r�CGU� l� E6�,yYUjd- Co r— Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ 'Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ARIGHT THUMBPRINT OF SIGNER op o Number of Pages: © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 This is to certify that the interest in real property conveyed by the deed or grant dated ('Il1')ytnj AK ,nL'�-"Y,t from Encinitas Ranch LLC 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 `. — 2000 By AerryM iller, District Manager 2801.doc(07- 10 -95) P EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT ALL THAT PORTION OF LOTS 17 AND 22 OF ENCINITAS TRACT NO. 99 -137, SOUTH MESA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 13998 FILED IN THE OFFICE OF THE COUNTY RECORDER JULY 11, 2000, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, BEING A 10.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 22, SAID POINT BEING ON THE WESTERLY LINE OF PASEO DE LAS FLORES, AS SHOWN ON SAID MAP; THENCE ALONG SAID WESTERLY LINE SOUTH 16 0 55'21" EAST, 3.01 FEET TO THE TRUE POINT OF BEGINNING THENCE LEAVING SAID WESTERLY LINE SOUTH 77 0 42'45" WEST, 26.54 FEET; THENCE NORTH 79 0 47'15" WEST, 52.72 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 22; THENCE ALONG SAID NORTH LINE NORTH 89 °23'31" WEST, 21.54 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 77 0 42'45" WEST, 26.46 FEET TO A POINT ON THE WEST LINE OF SAID LOT 22; THENCE ALONG SAID WEST LINE SOUTH 12 0 17'15" EAST, 556.82 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 0 24'30 ", A DISTANCE OF 67.75 FEET; THENCE SOUTH 7 °07'15" WEST, 444.27 FEET; THENCE SOUTH 60 0 12'36" EAST, 249.26 FEET; THENCE SOUTH 3 0 38'44" EAST, 337.50 FEET; THENCE SOUTH 17 0 27'22" WEST, 513.15 FEET; THENCE SOUTH 15 0 05'00" WEST, 152.49 FEET; THENCE LEAVING SAID WEST LINE SOUTH 15 °05'00" WEST, 4.53 FEET; THENCE SOUTH 3 0 50'00" WEST, 27.57 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE EASTERLY LINE OF SAID LOT 22. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SB &O, INC. Encinitas Ranch - South Mesa Job No. 54452.91, September 7, 2000 1 OF 1 D:154450LEGALSIWTR -ESMT 6. zovAji ®T O n" Q D EAR /NG RADIUS LENGTH 1 S165521 "E COSTA A �NL/E 2 VICINITY MA P BOULEVARD LA 3 4 3 h o OVA /L P. O.B. A 21.54' 5 z o o °G GARDENS 26.46' 6 S6072'36 "E ~ N DRIVE v 11 -- �J v V i 1 SEE Q � LEU CA BOULEVARD DETA /L "A Jr 1 � n a EO PAS p � 1 DE LAS FLORES o S. OUM kn 1 z ful R DRVF NS Tc Q D EAR /NG RADIUS LENGTH 1 S165521 "E iza ENC /N /TAS A= 1924'30 , 2 VICINITY MA P BOULEVARD R-200.00 R=200. 3 4 3 h 4 5 P. O.B. A 21.54' 5 S77'4245 "W 26.46' 6 S6072'36 "E rPO.e. 249.26' v 11 10' WATER v V i 1 EASEMENT y N Drulz "A 4.53' rA NOT TO SCALE 27.57' DA M MKf Q D EAR /NG RADIUS LENGTH 1 S165521 "E 3.01' 2 S77 4245 "W 26.54' 3 N79'47'15 "W 52.72' 4 N8923'31 "W 21.54' 5 S77'4245 "W 26.46' 6 S6072'36 "E 249.26' 7 Sit 8'44 "E 33750' 8 S15V5'00 'W 152.49' 9 S15V5'00 "W 4.53' 101 S350'00 "W 27.57' 40' WATER EASEMENT A h J fi 25 SA/V D /EGU /TO wA TER D /STR /CT s ENC /N /TAS TIPACT NO. 99 -137 LOTS 17 AND 22, A9.4P MO. 13998 1& 54452X82.DWG 54452.91