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2010-249230RECORDING REQUESTED BY: tl " SAN DIEGUITO WATER DISTRICT FOR THE BENEFIT OF THE DISTRICT WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 160 CALLE MAGDALENA ENCINITAS, CA 92024 Data zoio- ozaszao IIIIII I III IIIII IIIII IIIII IIIII 1111111111111111111111111111111111111 MAY 18, 2010 3:43 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 5 J - 1 5ol - 00 00 GRANT OF EASEMENT FOR FIRE HYD`� O The undersigned, ENCINITAS TOWN CENTER ASSOCIATES I, LLC, a Delaware 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 non - 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, explosives, 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 any purpose whatsoever, so long as such use does not unreasonably interfere with Grantee's rights hereunder and 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 (it being expressly understood that the use of the surface of the right -of -way for vehicular traffic, pedestrian traffic, landscaping, parking and/or signage shall be deemed not to unreasonably interfere with Grantee's rights hereunder). And the Grantor hereby agrees for himself, his successors or assigns, that he will not plant trees or construct or cause to 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. Target Easement.doc (04- 08 -10) 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. Surface and improvements may be promptly restored by the Grantor to their condition just prior to such disturbance so long as such improvements do not unreasonably interfere with the Grantee's rights herein. 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 day of `� , 2010. ENCINITAS TOWN CENTER ASSOCIATES I, LLC, a Delaware limited liability company By: ENCINITAS TOWN CENTER ASSOCIATES I, LLC, a Delaware limited liability company Its: Member By: ZRP ENCINITAS, INC., a California corporation Its: Managing Member This is to certify that the interest in real property conveyed by the deed or grant dated 0 , from CnCiV1Q�U5; 'Town CQ-"+CV NSSMiCACS�- , L(,G 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 , 2010 By Larry Watt, General Manager Target Easement.doc (04- 08 -10) EXHIBIT `A' LEGAL DESCRIPTION WATER EASEMENT ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF LOT 34 AS SHOWN ON MAP NO. 13333, RECORDED JUNE 3, 1996 AS FILE NO. 1996-276338, OFFICIAL RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 10 FOOT WIDE STRIP OF LAND THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THE WATER EASEMENT CENTERLINE COURSE LISTED AS COURSE NO. 4 IN THE DATA TABLE ON SHEET 16 OF 17 OF SAID MAP, SHOWN AS "S 32 28' 44" W, 28.00 "' THENCE NORTH 32 28' 44" EAST, 4.00 FEET TO THE END OF THIS LEGAL DESCRIPTION. - 0 . FESS /ONq FREDERICK SENA RCE 15752 EXPIRES 6/30/11 C15752 Exp.06/30/1 ��CIV1L a�\� WATER EASEMENT 2151 SALVIO STREET, SUITE 250, CONCORD, CA 94520 925 - 680 -6406 FAX 925 - 680 -6407 Q TARGET T -1029 rr. eM 8F OW MOAM sF O'ROPOSM) PACIFIC LAND SERVICES U401NEMNO EN711L.EMMT SUflVENINO N0, 133c EXHIBIT "'B" WATER ESMT JOB N0: 5075 SCALE: 1"=100' II DATE: TARGET 1 02 -0e -10 1010 N. EL CAMINO REAL I SHEET: ENCINITAS, CA 1 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of , On � 3,/�' before me, personally appeared who proved to me on the basis of satisfactory evidence to be the personas') whose named is/-a+@- subscribed to the within instrument and acknowledged to me that hel4@4hey executed the same in his/lieg4k4r authorized capacity(io, and at by hisl�ir signatureko on the instrument the perso o, 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 m hand and official seal. Signatur . Notary Public SWNA�OAY. `... cm 0 4€l�a940 b ®eery Public • Cnlwamill L os Angwos Coe 6a. ros Se i' 20 3092 . (Notary Seal) x. ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title description of attach d document) (Title or description of attached document continued) Number of Pages Y Document Date X1 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only Exception is if a document is to be recorded outside of California. 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