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1987-358465RETURN `l'O San Dieguito Water District r 59 East " D" eet A. Encinitas, 012024 iCgrJ®R Qdgr OF FIRST MERICM THE 00, ESPOSITO PROPERTIES, A. California General Partnership Theundersigned . .....................................................................•---........---•---------------•--••---------.......................--•---......-- ----......................._._. as Grantor...., of ................................................ ............................... County of...... ...............-- .............. State of.....--- ---............................ fora in consideration of the sum of Ten Dollars ($10.00) lawful money of the United States, paid by San Dieguito District, an irrigation district organized and existing under and by virtue of the laws oft a of California, as Grantee, receipt whereof is hereby acknowledged, does hereby grant unto said San Dieguito 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, in- specting and repairing a pipe line or pipes lines, and all fixtures and appurtenances incidental thereto for use in con- nection 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 detriment- al 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: All of Lot 6 in Section 34, Township 12 South, Range 4 West, San Bernardino Base Meridian, in the County of San Diego, State of California, according to United States Government Survey approved October 25, 1875. The route of said easement of right of way across the aforesaid lands shall be as follows: See attached Exhibit "A " 8l 358465 19 JuN 2 6 LC v Ei�. _�:. Ut l Y �o► A,, This is to certify that the interest in real pruyer c;l conveyed by the deed or grant dated from to San Diegu to Water District, a. government agency is hereby accepted and the grantee consents to recordation thgreof by its duly authorized officer. Dated r�•a rrt� � C' �� 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 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 succes- sors 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, must be installed subject to Grantee's supervision and approval, and the Grantee agrees, after the installa- tion 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 .....� ... �fA... ... day of .............................. MAY ..------ ................................. ,19. 8 . 7 .... ...................................................... ............................... Witness ............ ..:........................... Witness Notaries: Use proper form on back. ESPOSITO PROPERTIES A California General Partnership --• --------------------- -- ---- •------------------ - -.... _. - M_er�. 9 ! N 'ApaP. .! 2 .... ........ ............ ESPos +o J�2oPE►Z +IE-1 GENERAL FO e t STATE OF G k v' '''— -- ----- -------- -ss. } \ County of R .� �� . ® ..................� ff � pt, ON THIS ... /.(q. of ...... ...... A. D., 19.8 7 before me,.��,ep lei �. �.J.�H a Notary Public in and for the said CoSzn and State, residing therein, duly commissioned and sworn, personally appeared q... .... >r ..1 r.l..........personally known to me to be the person.... 1 DD pp whose name ..... ...............subscribed to he Fvith n d u "Rnowledged to me that .... he .... executed the same. IN WITNESS WHEREOF, I have hereunto set my hand an fixed my official seal the day and thi cert' i tab ve �F'itten. OFFICIAL SEAL ..... . ...... ..... ...... .. .... ............. y ........... --- ------ CHERYL KOSNIICK otar Publi in d for said Count and State u °m m NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires September 16, 1988 CORPORATION FORM STATEOF .. .......... ............................................ l r ss. Countyof ----------------------------------- ---------- -------------------- ONTHIS ................day of ............................ A. D., 19 ........ , before me,- --- - - --- ............................ ........................ --------......-- -- --.... a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared ------------------------------------------------------- ------------------------ ------- ----------------- - - - - - - - - ---- - - - - -- known to me to be the .................... President and ....... ........... ................ . ... ......... :..... ................................. ..... --- ....... . .. . ... ............... .known to me to be the .................... Secretary of the ...............................................................°------------ --- --- --- --------------....... --..........--------------------------------.................------ ............................... .........., the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ............................................................. - ........ - ..... --- .............. - ........................ ... -... Notary Public in and for said County and State N D Z v CIS ;a M 4) D Z C O O T Iv O T g ! � N D n STATE OF CALIFORNIA ss. County of San Diego WITNESS FORM ONTHIS------ -- ---- --------day of ................................ A.D., 19 before me ....... ........ . .............................. -. ......... ............................... a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared ........ ............................................................................................................. ............................... ..known to- me to be the person.... whose name ...................... subscribed to the within Instrument, as a subscribing Witness thereto, who being by me duly scorn, depose .... and say....: That ................ he ................ reside ............ in the said County of San Diego, State of California, and that ...... he ................present and saw .............................. ...................................................................... ............. ................. ....personally known to h............ to be the same person described in and whose name ................subscribed to the within and annexed Instrument, sign, execute and deliver the same, and ................ he ............ acknowledged to said affiant that ............ he ........ executed the same; and that said affiant subscribed ............ h ............ name .... thereto as a Witness IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ------------------ --------------------- °- --.... -----..........------........------°--°--- Notary Public in and for said County and State (NOTARIES: Please use the General Form for individual signers, the Witness Form only for witnesses) ' UTIL_ITY__EASENENT 0,1 `�� 12/18/86 DDT ALL THAT PORTION OF LOT 6 IN SECTION 34, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED OCTOBER 25, 1875, DESCRIBED MORE PARTICULARLY AS FOLLOWS: A STRIP OF LAND THIRTY - FOUR FEET IN WIDTH LYING SEVENTEEN FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: PARCEL 1 BEGINNING AT A POINT ON THE ARC OF A 200 -FOOT RADIUS CURVE CONCAVE SOUTH- WESTERLY, SAID CURVE BEING THE CENTERLINE OF GASCONY ROAD PER SKY LOFT CLUSTERS, MAP 7880, FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY, AND WHOSE CENTER BEARS SOUTH 30 WEST (RECORD SOUTH 3014'23" WEST PER SAID MAP NO. 7880) FROM SAID POINT, THENCE NORTH 3020'03" EAST 45.00 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 739'37" A DISTANCE OF 26.74 FEET TO THE NORTHERLY LINE OF SAID MAP NO. 7880 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE ARC OF SAID 200 -FOOT RADIUS CURVE THROUGH AN ANGLE OF 4647.'27" A DISTANCE OF 163.33 FEET TO THE POINT OF REVERSE CURVE WITH A 325 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID 325 FOOT RADIUS CURVE THROUGH AN ANGLE OF 11 A DISTANCE OF 66.37 FEET TO POINT "A" OF THIS DESCRIPTION, ( A RADIAL LINE FROM SAID POINT BEARS NORTH 7735'03" EAST); THENCE CONTINUING NORTHERLY ALONG THE ARC OF SAID 325 RADIUS CURVE THROUGH AN ANGLE OF 19 A DISTANCE OF 109.64 FEET TO THE POINT OF REVERSE CURVE WITH A 250 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID 250 FOOT RADIUS CURVE THROUGH AN ANGLE OF 2607'15" A DISTANCE OF 113.97 FEET TO THE POINT OF REVERSE CURVE WITH A 350 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 1000'00" A DISTANCE OF 52.36 FEET; THENCE TANGENT TO THE PRECEDING CURVE NORTH 9 WEST 85.01 FEET TO POINT "B" OF THIS DESCRIPTION AND THE POINT OF TERMINUS FOR PARCEL 1. THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED OR SHORTENED SO AS TO BEGIN IN SAID NORTHERLY BOUNDARY OF SAID MAP 7880. PARCEL 2 BEGINNING AT THE HEREIN ABOVE DESCRIBED POINT "B "; THENCE SOUTH 80 WEST 17.00 FEET TO THE BEGINNING OF A NONTANGENT 25 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID 25 FOOT RADIUS CURVE THROUGH AN ANGLE OF 5358'05" A DISTANCE OF 23.55 FEET TO THE POINT OF REVERSE CURVE WITH A 43 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE NORTHERLY ALONG THE ARC OF SAID 43 FOOT RADIUS CURVE THROUGH AN ANGLE OF 283 A DISTANCE OF 212.87 FEET TO THE POINT OF REVERSE 25 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID 25 FOOT RADIUS CURVE THROUGH AN ANGLE OF 46 A DISTANCE OF 20.20 FEET; THENCE TANGENT TO SAID CURVE SOUTH 912'29" EAST 3.14 FEET; THENCE SOUTH 8047'31" WEST 17.00 FEET TO THE BEFORE MENTIONED POINT "B ". PARCEL 3 'A STRIP OF LAND THIRTY -FOUR FEET IN WIDTH LYING SEVENTEEN FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE HEREIN ABOVE DESCRIBED POINT " A " ; THENCE SOUTH 77 WEST 14.52 FEET TO THE BEGINNING OF A 50 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID 50 FOOT RADIUS CURVE THROUGH AN ANGLE OF 11 A DISTANCE OF 10.07 FEET; THENCE TANGENT TO SAID CURVE SOUTH 8907'05" WEST 87.63 FEET TO POINT "C" OF THIS DESCRIPTION AND THE POINT OF TERMINUS FOR PARCEL 3, TOGETHER WITH THE AREA LYING SOUTHEASTERLY OF A 25 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND WHICH IS TANGENT TO THE NORTHERLY LINE OF SAID PARCEL 3 AND TANGENT TO THE WESTERLY LINE OF SAID PARCEL 1, AND LYING NORTHERLY OF THE NORTHERLY LINE OF SAID PARCEL 4 AND WESTERLY OF THE WESTERLY LINE OF SAID PARCEL 1, TOGETHER WITH THE AREA LYING NORTHEASTERLY OF A 25 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AN WHICH IS TANGENT TO THE WESTERLY LINE OF SAID PARCEL 1 AND TANGENT TO THE SOUTHERLY LINE OF SAID PARCEL 3 AND WESTERLY OF THE WESTERLY LINE OF SAID PARCEL 1 AND SOUTHERLY OF THE SOUTHERLY LINE OF SAID PARCEL 3. PARCEL 4 A STRIP OF LAND THIRTY -FOUR FEET IN WIDTH LYING SEVENTEEN FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE HEREIN ABOVE DESCRIBED POINT "C "' THENCE NORTH 600'00" WEST 55.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING SAID LAST COURSE AND ON THE PROLONGATION OF THAT COURSE SOUTH 6 EAST 205.00 FEET TO POINT "D "; THENCE CONTINUING SOUTH 600'00" EAST 5.00 FEET TO THE POINT OF TERMINUS FOR PARCEL 4; TOGETHER WITH THE AREA LYING NORTHEASTERLY OF A 25 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND WHICH IS TANGENT TO THE SOUTHERLY LINE OF SAID PARCEL 3 AND TANGENT TO THE EASTERLY LINE OF AID PARCEL 4 AND SOUTHERLY OF THE SOUTHERLY LINE OF PARCEL 3 AND EASTERLY OF THE EASTERLY LINE OF PARCEL 4, TOGETHER WITH THE AREA LYING SOUTHWESTERLY OF A 25 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY AND WHICH IS TANGENT TO THE NORTHERLY LINE OF SAID PARCEL 3 AND TANGENT TO THE EASTERLY LINE OF SAID PARCEL 4 AND LYING NORTHERLY OF THE NORTHERLY LINE OF SAID PARCEL 3 AND EASTERLY OF THE EASTERLY LINE OF SAID PARCEL 4. PARCEL 5 BEGINNING AT THE HEREIN ABOVE DESCRIBED POINT "D "' THENCE NORTH 84 0 00'00" EAST 12.00 FEET; THENCE SOUTH 600'00" EAST 29.00 FEET; THENCE SOUTH 634'51" WEST 40.62 FEET MORE OR LESS TO THE BEFORE MENTIONED NORTHERLY BOUNDARY OF SAID MAP 7880, THENCE ALONG SAID NORTHERLY BOUNDARY OF SAID MAP 7880 SOUTH 89 WEST (RECORD SOUTH 8926'42" WEST PER SAID MAP 7880) 25.29 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY OF SAID MAP 7880 NORTH 2 EAST 66.93 FEET MORE OR LESS TO A POINT WHICH IS 12.00 FEET WESTERLY OF AND AT RIGHT ANGLES TO THE ABOVE MENTIONED POINT "D "; THEME NORTH 84 EAST 12.00 FEET TO POINT "D" AND THE POINT OF TERMINUS FOR PARCEL 5. PARCEL 6 10 ' ® 0 BEGINNING AT THE TRUE POINT OF BEGINNING FOR, HEREIN DESCRIBED PARCEL 1, BEING A POINT ON SAID NORTHERLY BOUNDARY OF SAID MAP 7880; THENCE WESTERLY ALONG SAID BOUNDARY SOUTH 89 WEST (RECORD SOUTH 8926'42" WEST PER MAP 7880) 18.64 FEET TO THE POINT OF INTERSECTION WITH THE WESTERLY LINE OF BEFORE MENTIONED PARCEL 1 BEING A 183 FOOT RADIUS CONCAVE WESTERLY AND WHOSE CENTER BEARS NORTH 65 WEST FROM SAID POINT; SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG SAID NORTHERLY BOUNDARY SOUTH 8936'17" WEST 23.24 FEET TO THE POINT OF INTERSECTION WITH A 32 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND WHOSE CENTER BEARS SOUTH 8525'19" EAST FROM SAID POINT; THENCE LEAVING SAID NORTHERLY BOUNDARY AND NORTHERLY ALONG THE ARC OF SAID 32 FOOT RADIUS CURVE THROUGH AN ANGLE OF 7524'29" A DISTANCE OF 42.12 FEET TO THE POINT OF REVERSE CURVE WITH A 20 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND WHOSE CENTER BEARS NORTH 10 WEST FROM SAID POINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH AN ANGLE OF 26 ' 16'! A DISTANCE OF 9.26 FEET MORE OR LESS TO THE POINT OF CUSP WITH THE BEFORE MENTIONED 183 FOOT RADIUS CURVE CONCAVE WESTERLY BEING THE, WESTERLY LINE OF BEFORE MENTIONED PARCEL 1; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID 183 FOOT RADIUS CURVE THROUGH AN ANGLE OF 10 A DISTANCE OF 34.46 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. 0 KEY MAP FOR LEGAL DESCRIPTIONS FOR WATER EAS MENTS PARCELS I THM 6 KIAGG! • STEVENS i A220CIXM2. pre et.sf stv"Urd sgkw.., •! aAr Sava 3111 Canino dd Rio North • 66" 700 Sae goo. Casronia 9210&1754 (610 2628 PARCEL 2 SEC. Y 12 7 J 0 - % z j4 4 vv J PARCEL PARCEL 6 i_O ;r gc �{ LOF -r 2 OFFSITE PP �CE SK LOFT RD. G NP NO. 'AOV I j SCALE NORTHERLY I "=100 r -LINE MAP 7880 LOT 0 0 0 , I 0 CC%0 PARCEL I OFFSITE ' 7880 OR NOL I DELTA / BEARING N'30 20'03" E RA S L.ENGT 45.00 0 2 A = 7 0 39'37 200 26.74 3 A ® 46 0 47' 27" 200 163.33 4 A= 11 42'04 325 66.37 5 A = 19 19'43 325 109.64' 6 A _ 26 0 07' 15 250 113.97 7 a= 10 00'00" 350 52.36' 8 N 9 12'29 w 85.01' 0 0 6 J EC. 1 l�.Jl V 12 S .® Q o` u '/ PLAT ILLUSTRATING LEGAL DESCRIPTION FOR WATER EASEMENT Kuaes. sinews a assocoms. see cs I 3111 Co"fro M w m to • SWO Tao man 0"s. c+i wno in 1TM nm gw4m PARCEL 1 , r o P 4 °v Pp1NT N 7* 03. E 4 i i \\ 2 99 \ 1 Y Y FOR I t g 200'R POINT OF 1 rly r 1_ 0 r- (�I I I�� - rr'Rc U n 1 -�•�� �� i O a. W/ NI SCALE I" =100' DELTA A, BEARING S 80 °47' 31" N( �= 53 °58 05 = 283038' of An 46 S 9 ° S 80 47'31"W AD LENGTH 0 ' 76 i 17.00' 25.00 23.65 43.00' 212.87' 25.00' 20.20' 3.14' 17.00' PLAT I LLUSTRATII LEGAL OESCRIM FOR WATER EASEMENT MMU 9 =Mn a AWOClXrIW IMC a�Ma.a.dfy�...•w�.r.q.,e 3n1 ConWo Or M waa • 700 OP OW �� PARCEL 2 6 [ - ( ., ' , T SEC - . 2 . , -el R4W SCALE 1 40' 0 c 1 PLAT ILLUSTRATING LEGAL DESCRIPTION R WATER E ASEMENT M AGGI • STWVMS R A SSOMMS.On ca/s,ft- - I Lis M t t Cabins aN we Nar1h • &AN 7w San Oa 4M �� 175�t PARCEL 3 _ ( . 1 -r t J 1 r, _ 1 � SCALE i"= 40' 00� ow 0 PLAT ILLUSTRATIN LEGAL - DESCRIPTION FOR WATER EASEMENT KUMMI • STIVON s ABSOC&ORM an ftW2 --d ft@l=@F*.t„U &wwVm off 1 carabe M I% North. wA. Too a^ � se =V&1754 PARCEL 4 r � SCALE "= 40' 2 PLAT I LLUSTRATIW r ® U LEGAL DESC RiprM EASEMENT tawacs. suvim s "soeuois, : e"use veft'd ? :ss ?t t t Cor,ino id iio Nora • � 700 son oink C;ilenrJS ?10617" stt �t a>aQ. PARCEL 5 NIV. , ;� L,, i'I< c_C vi �y J, NORTHERLY LINE d" MAP 7 �REC. S 880 26'42 "W' SCALE I �a 40' SKY I � L — C 6 Il 1 S C X ° 2I SKY kopr R0. Da"' C 99 Q A, P cl PLAT ILLUSTRATING LEGAL DESCRIPTION FOR WATER EASEMENT KLACGS. snvSNS t A ssoeusM Mg a.use.... ws" s 9� ll= rw me Mute . s.ft loo COON ids 921084M 14n9l 20240= PARCEL 6 Pi SCALE b WESTERLY LINE 4 PARCEL I EC. -%-') 4 e� R 4 dti' �% Q• a rL PARCEL I LINE MAP ��Lj► c '�o LOT 100% �(REC. S89 k ""LU STEREi DELTA- BEARING RA6buzi LENGTH I S 89 ° 36 17" W 18.64 ° 2 S 89 36 17 W 23.24 ° 3 A ® 75 24 2 00 32 42.12 4 A $ 26° 31 ° 16 °' 20 9.26' 5 ®_ 10 °47 22 183 34.46' SKY I � L — C 6 Il 1 S C X ° 2I SKY kopr R0. Da"' C 99 Q A, P cl PLAT ILLUSTRATING LEGAL DESCRIPTION FOR WATER EASEMENT KLACGS. snvSNS t A ssoeusM Mg a.use.... ws" s 9� ll= rw me Mute . s.ft loo COON ids 921084M 14n9l 20240= PARCEL 6 Pi SCALE b WESTERLY LINE 4 PARCEL I EC. -%-') 4 e� R 4 dti' �% Q• a rL PARCEL I LINE MAP ��Lj► c '�o LOT 100% �(REC. S89 k ""LU STEREi r � 4ce e t