1988-531769�RETURNT TO: SAN DIEGUITO WATER DISTRICT
59 EAST - "D" STREET
E ENCINITAS, CA 92024
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The undersigned, Cpl:..
G S Develo ment a General Partnership . ° _....
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--------------------------- --- •--- --- -----•--- •--......- -- ......... BOX.
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as Grantor...., of..the___C City of Encinitas , County of.....San Diego , state of�.� �� -
for and in consideration of the sum of Ten Dollars ($10.00) lawful money of the United States, paid by San Dieguito
Wat er IFFigation District, an irrigation district organized and existing under and by virtue of the laws of tai tate of California, FEE
as Grantee, receipt whereof is hereby acknowledged, does hereby grant unto said San Dieguita District, its N
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.
City of Encinitas
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:
Portions of Lots 1, 16 and 17 of Encinitas Tract No. 87 -143,
according to Map thereof No.12 3 , filed in the office of
the County Recorder of said County of San Diego on-S , 1988.
This is to certify that the interest in real prOJaiT Y
conveyed by the deed or grant dated __� - -3 -ER
from �L4 AQPI to San Dieguito Water
District, a governmental agency is hereby accepted
and the grantee consents to recordation thereof by
its duly authorized officer. Lti�
Dated 6/15/88 b
The route of said easement of right of way across the aforesaid lands shall be IS follows: arreri a eX
BEGINNING at the Southwest corner of said Lot 1; thence North
1 °18'30" East along the Westerly line of said Lots 1 and 16 a
distance of 82.07 feet; thence North 49 1 12'57" East a distance of
130.81 feet to a point on the arc of a 50 foot radius curve, concave
Northeasterly, a radial line from the center of which bears South
33 °53'53" West to said point; thence, Southeasterly along the arc
of said curve, being also along the Northeasterly line of said Lots
16 and 17, through a central angle of 26 1 18'04 ", a distance of 22.95
feet, thence South 49 0 12'57" West a distance of 121.97 feet to a
point on the North line of said Lot.l; thence South 26 0 14'28" West
a distance of 19.01 feet; thence South 1 0 18 1 30" West a distance of
62.68 feet to an intersection with the Southerly line of said Lot 1;
thence South 89 0 52 1 00" West, along said Southerly line, a distance
of 20.01 feet to the POINT OF BEGINNING.
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, oT 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 ........ my .......... ....hand ........ this ........... 3 rd----....day
......................................................... ............................... Witness
......... ....................... I .......... .. .... ..•............................ Witness
of... ............................... 11le .......................,19 -$- �..
?,Akl. ...... . '............... .........:....................�. •. - - - -- - -• • . .. ..........•..................... ...............................
1 - -.Ma . ...... .tewarL......Presi.dent........
Stewart Financial, Inc.,
. ...... ........... ............•---•--......................................----•--•-•-
General Partner
Notaries: Use proper form on back.
GENERAL FORM `1133
STATE ------------ -- --- -------------------------------------------
ss.
Countyof - --- --------- -------- --- -- ---- -- .................................
ONTHIS ................day of ............................ A. D., 19.--....., before me,.----- ----- --- ...................................... ..... - .........................
a Notary Public in and for the said County and State, residing duly commissioned and sworn, personally appeared
................................................................................................. ... ..... ................... . ... ................personally known to me to be the person....
whose name .... .................subscribed to the within Instrument, and duly acknowledged to me that .... he .... 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
CORPORATION FORM
STATEOF ........ ............ .........................................
ss.
Countyof .. ......................... ----•------------------------ ----- - -• -
ONTHL'3 ................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
...............................---------------- --- ------- ------ ---.------..... ---- .... --- ...... ........... I ......... - -- ....... 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
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WITNESS FORM
STATE OF CALIFORNIA
ss.
County of San Diego
ON THIS ....................day of ................................ A.D., 19- before me ................................. .................................. ......... ..............
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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 sworn,
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)
1
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CAT. NO. NNO0630
TO 194: CA (7 -82)
(Partnership)
Su ATE OF CALIFORNIA
COUNTY OF San Diego SS.
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TITLE
AND TRUST INSUR ANCE-
1137
A71COR COMPANY
YJn JiinP 3 ` 1 9 R R before me, the undersigned, a Notary Public in and for
said State, personally appeared Max A Stewar
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person _ who executed the within instrument as
c)n c- of the partners of the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS m((yy hand and official seal.
Signature / /! • 0 �
OFFICIAL SEAL
M. KATIE POLK
CALIFORNIA
SAN DIEGO COUNTY
[Q : . NOTARYPUBLIC-
Comm. Expires Dec. 23, 1988
(This area for official notarial seal)
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20' DRAINAGE PUBLIC
I NI UTILITY EASEMENT
QED /GATED HEREON.
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STATE OF CALIFORN
COUNTY OF
said State, per,06nally
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before me,
ed, a N Public in and for
personally known to me (or proved to me on the basis of satis-
factory evidence) to be he person that xecuted the within
instrument as partner(s),
on behal of
the partnership
therein named and acknowledged to me that the partnership
executed it.
o WITNESS my hand and official seal.
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Signature �
(This area for official notarial seal)
A
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SAN DIEGUITO WATER DISTRICT
59 EAST "D" STREET
ENCINITAS, CALIFORNIA 92024
SUBORDINATION OF BENEFICIARY OF DEED OF TRUST
(619) 753 -1145
In consideration of the mutual benefits arising from the granting
of the foregoing easement and for other good and valuable consideration,
the undersigned, as beneficiary.under that certain deed of trust, recorded
in the Office of the San Diego County Recorder at File /Page No. ,
encumbering said property, consents to the granting of the aforesaid easement
and unconditionally waives, relinquishes and subordinates the lien or charge
of said deed of trust to said easement, and agrees that the easement shall at
all times be an interest in said property prior and superior to the lien or
charge of said deed of trust.
The easement and lien are over the property which is a part of TM bar
Number Et�1n� 6s 1 K 6 - 7 — 43 .
Evergreen Properties, a General P3:rtnershl.p
By
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?& Partner
Beneficiary
(Signatures must be acknowledged)
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