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2003-434069D00 2003 ®0434069 APR 15 200 a : 035 P RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT OFFICIAL RECORDS N DIEGO COUNTY RECORDER'S OFFICE FOR THE BENEFIT OF THE DISTRIC GREGORY J. SMITH, COUNTY RECORDER FEES: . 0:00 % .X WHEN RECORDED MAIL TO: OC: NA SAN DIEGUITO WATER DISTRICT P.O. BOX 231010 ®, ENCINITAS, CA 92023 -1010 Cam' of GRANT OF EASEMENT FOR WAT hh -,. ." ; ��„ , ;- TAX The undersigned, Encinitas Ranch Apartments, LLC, hereinafter designated GRANTOR, for a valuable consideration, hereby grants 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. Witness hand this First day o VedrVitbar, 200Q. Witness En ini as R ch Apartments LLC _Bv_ IIre R- Kretnwi cz Witness 2801.doc (07- 10 -95) 0 CALOIFORM ALL -PURPOSE ACKHOO WLEDGMEMIr State of California County of ss. On 2 -� ` 0\ before me, �•Sw�� Date ' \ n Name and itle of Officer (e.g., "Jane oe, Notary Pub'c") �- Dersonally aooeared l�'r�- r A U i L-`' , Name(s) of Signer(s) 6 personally known to me ❑ proved to me on the basis of satisfactory evidence KIMBERLY M. JONES 1128371 3 'blic — CalifOmlo 5 Son Dinfao Counlq My Comm. Expires Mar 5, 2001 to be the person(a� whose name(2) is /a subscribed to the within instrument and acknowledged to me that he /s&0kP .executed the same in his /fir authorized capacity(i&s4, and that by his /hw/thZ+r signatures) on the instrument the person( or the entity upon behalf of which the person( acted, executed the instrument. WITN SS my hand and official seal. IYI . Place Notary Seal Above p� p A Si at a of Notary P blic OPTIO 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: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 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 Pli� M. This is to certify that the interest in real property conveyed by the deed or grant dated - Z'1+,n17 , from Encinitas Ranch Apartments, 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 (J -- " � ,,� L Miller, District Manager 2801.doc (07- 10 -95) LEGAL DESCRIPTION EXHIBIT "A" A STRIP OF LAND 20 FEET WIDE OVER AND ACROSS A PORTION OF LOT 45 OF AMENDED MAP OF THE CITY OF ENCINITAS MAP NO. 13258, CITY OF ENCINITAS TRACT NO. 94 -066, UNITS 1, 2, AND 3 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 13333, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3, 1996, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, LYING 10.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE SOUTHERLY END OF THAT CERTAIN COURSE IN THE SOUTHEASTERLY LINE OF SAID MAP NO. 13333, SHOWN AS NORTH 32 0 39'29" EAST, 183.91 FEET; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 32 0 39'29" EAST, 65.25 FEET TO THE TRUE POINT OF BEGINNING THENCE NORTH 56 0 05'44" WEST, 3.88 FEET TO THE BEGINNING OF A TANGENT 57.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60 0 27'00 ", A DISTANCE OF 60.14 FEET TO THE BEGINNING OF A REVERSE 368.00 FOOT RADIUS CURVE; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24 0 06'49 ", A DISTANCE OF 154.88 FEET TO THE BEGINNING OF A REVERSE 542.00 FOOT RADIUS CURVE; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00 0 36'20 ", A DISTANCE OF 5.73 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A "' THENCE CONTINUING ALONG SAID 542.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 17 0 38'52 ", A DISTANCE OF 166.94 FEET; THENCE NORTH 01 0 33'57" WEST, 204.93 FEET TO THE BEGINNING OF A 163.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 62 0 25'08 ", A DISTANCE OF 177.57 FEET; THENCE NORTH 60 0 47'36" EAST, 11.84 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B "; THENCE NORTH 60 0 47'36" EAST, 13.14 FEET.TO THE NORTHEASTERLY LINE OF SAID LOT 45. THE SIDELINES OF SAID 20.00 FOOT STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON THE SOUTHEASTERLY AND NORTHEASTERLY LINES OF SAID LOT 45. SB80, INC. Pointsettia Ridge Apts Job No. 56122.20, December 29, 2000 1 of 2 D:156122Vegalslwater esmt 0 TOGETHER WITH A STRIP OF LAND 15.00 FEET WIDE LYING 7.50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE AFOREMENTIONED POINT "A";. THENCE NORTH 70 EAST, 34.00 FEET TO THE POINT OF TERMINUS. TOGETHER WITH A STRIP OF LAND 10.00 FEET WIDE LYING 5.00 FEET EACH SIDE OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE AFOREMENTIONED POINT "B "; THENCE SOUTH 29 0 12 - 24" EAST, 20.00 FEET TO THE POINT OF TERMINUS. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. CHAEL S. BUT R, PLS 6922 / 2 ?/00 DATE LApvD -8 $. B(� sG;p TC G C A�� SB &O, INC. Pointsettia Ridqe Apts Job No. 56122.20, December 29, 2000 2 Of 2 D:156122Vegalslwater esmt A=62 ��i / �p II R= 163.00' .y moo. s L= 177.57' I � A= 17'38'52 R= 542.00' L= 166.94' w r J! A JW of I �I I' wl I Z \ \\ l J r4 0 C2 DA M MBL£ u r. P. agl £iilC mms TRACT' No. 99- ®66 L ®T 45 ASAP ill®. 13.3m 2\ o� � L ®T 45 MAP 1333.3 P� 12-29-00 56122X01.DWG 56122.20 0 BEAR /NG R4D /US LENGTH 1 N32'39 2g T 65.25' 2 N56'05'44 'W V 3.88' 3 60'27'00" 57.00' 60.14' 4 24'06 49 368.00' 154.88 5 0'3520" 542.00' 5.73' 6 N60 "E 11.84' 7 N60'47;36 "E 13.14' 8 S2972 24T 20.00' 9 1 N70'47'11 T 34.00' u r. P. agl £iilC mms TRACT' No. 99- ®66 L ®T 45 ASAP ill®. 13.3m 2\ o� � L ®T 45 MAP 1333.3 P� 12-29-00 56122X01.DWG 56122.20 121 I T VITO I