1997-346244E dbi la,&„
'1 997-0346244
21 -JUL - 1997 03 =59 PM
OFFICIAL RECORDS
REWORDING REQUESTED BY: SRN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUNTY RECORDER
SAN DIEGUITO WATER DISTRICT FEES= 0.00
48� NA
WHEN RECORDED MAIL TO:
SAN DIEGUITO WATER DISTRICT ��' , %' IIIIIII VIII IIII IIIIIIII I III
III VIII VIII IIII IIII
P.O. BOX 231010
ENCINITAS, CA 92023 -1010
GRANT OF EASEMENT FOR WATER LINE
The undersigned, Encinitas Town Center Associates , LLC, A Deleware Limited Liability Company, 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 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 my hand on this 18th day of Marrh 19 q7
Encin' Town--Center I.L.C.
Witness By: aw
Klaus GLttaii
Witness Vice President, Director or onstr uc tion
This is to certify that the interest in real property conveyed by the deed or grant dated
4/18/97 from Encinitas Town Center Associates, LLC to San Dieguito Water District, a
governmental agency is hereby accepted and the grantee consents to recordation thereof by
its duly authorized officer.
2801.doc (07- 10 -95) Dated S q
?� uren M. Wasserman, Secr ry
C ALDIFORHOA ALL-PURPO AC KM OOWLEDD GfrZfil EMU
State of California
County of San Diego
On March 18, 1997 before me, Cathlynn E. Aguirre, Notary Public
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ")
personally appeared Klaus Guttau
Name(s) of Signer(s)
,�- Catitlynn E. Aguirre
R Commission #965976 WITNESS my hand and official seal.
' w �
Plo tn ? Die i go coup y nia 4
My Commission Expires April 2.1997 v
Signature of Notarablic
FX personally known to me to be the person()--
whose name(g) isVM subscribed to the within instrument
and acknowledged to me that hekkithsli executed the
same in hi authorized capacity(ius), and that by
hisllim Alig" signature(s) on the instrument the persons),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
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: Grant of Easement for Waterline
Document Date: March 18, 1997 Number of Pages: 1
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer(s)
Signer's Name: Klaus Guttau
Individual
Corporate Officer
Title(s): Vice President
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Encinitas Town Center
Associates, L.L.C.
RIGHT THUMBPRINT
_OF SIGNER _ T
Signer's Name:
1
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
_ OF__SIGNER- _ _-
0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1 -800- 876 -6827
EXHIBIT "A"
1490
MARCH 4, 1997
J.N.: 93- 1009BAl
GRANT OF A WATER EASEMENT OVER, UNDER, ALONG AND ACROSS A PORTION
OF LOT 21 OF THE CITY OF ENCINITAS TRACT NO. 94 -066, UNITS I, II,
AND III, ACCORDING TO THE AMENDED MAP THEREOF NUMBER 13333,
RECORDED JUNE 3, 1996 IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF LOT 21 OF SAID
AMENDED MAP NO. 13333 COMMON TO THE MOST NORTHWESTERLY CORNER OF
LOT 22 OF SAID MAP AND THE SOUTHERLY RIGHT -OF -WAY OF LEUCADIA
BOULEVARD OF SAID MAP; THENCE TRAVELING ALONG THE LOT LINE OF
SAID LOT 21 SOUTH 19" 02' 44" WEST 110.94 FEET; THENCE CONTIN - DING
ALONG THE LOT LINE OF LOT 21 SOUTH 69 42' 21" WEST 164.43 FEET;
THENCE CONTINUING ALONG THE LOT LINE OF -LOT 21 SOUTH 20 17' 39"
EAST 42.52 FEET; THENCE CONTINUING ALONG THE LOT LINE OF LOT 21
SOUTH 69 42' 21" WEST 7.97 FEET TO A POINT ON THE EXISTING
EASEMENT GRANTED TO SAN DIEGUITO WATER DISTRICT ON SAID MAP;
THENCE LEAVING LOT LINE OF LOT 21 ALONG EASTERLY EDGE OF SAID
EXISTING EASEMENT NORTH 20 17' 39" WEST 2.22 FEET TO THE
NORTHEAST CORNER OF SAID EXISTING EASEMENT BEING THE TRUE POINT
OF BEGINNING
FROM THE TRUE POINT OF BEGINNING CONTINUING ALONG THE EDGE OF
SAID EXISTING EASEMENT SOUTH 69 42' 21" WEST 14.00 FEET; THENCE
CONTINUING ALONG EDGE OF EXISTING EASEMENT NORTH 20 17' 39" WEST
10.00 FEET; THENCE LEAVING EDGE OF EXISTING EASEMENT NORTH 69
42' 21" EAST 14.00 FEET; THENCE SOUTH 20 17' 39" EAST 10.00 FEET
TO THE TRUE POINT OF BEGINNING
F: \MSOFFICE \WINWORD \93- 1009 \SPORTSA.LGL
0
80'
4.0'
/ k IDENTICAL Ol 2Z
POINT J `'
SEE
— — DETAIL
V
� FI'�S71�G EASf�
— EXIST/Nuu S.D. G.K.. EASEMENT RECORDED
12 -21 -48 IN BOOK 3056, PG 245.
— VISRNG WAicR EASEMENT TO SAN DIEGUITO
o WATER DISTRICT RECORDED 6 - - PER
v MAP NO. 13,333.
84.W OF
THE B451S OF BEARINGS FOR THIS PLAT IS
17IE CENTERUNE OF LEUCA014 BLVD. PER
cfl MAP 13333 BEARING NORTH 70'5716" WEST
PACIFIC 1
OCEAN
1491
a
m
42'21" W
'39" W
EASEMENT AREA
EXIST. LOT LINES
EASEMENT LINES
EXIST. EASEMENT LINES
AFB
SITE
SHT. 1 OF 1 SHTS.
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o' 10'
5'
SCALE: 1" = 10'
0
EXISTING --
WATER' ESMT.
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