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1996-199974L AJC //V' 1'' p -- . r4,&. 41 C_ R- 912 23—APR-1996 6 10 : 54 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER FEES: 0.00 For the benefit of the District I C� 1 3 GRANT OF EASEMENT FOR WATER LINE The undersigned, H.S. r . Encinitas, inc., a California Corporation 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 -way, together with the right to clear and keep clear said right -of -way from buildings, structures, explosive, trees, and other materiar 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: See attached Exhibit "A" The route of said easement of right -of -way across the aforesaid lands shall be as follows: See attached Exhibit "B "�� / to pave over and/or 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. Notwithstanding the foregoing, Grant r reserves and shall have the unconditional riot to pave over said pipe line and /or right -of way. 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 our h and s this fourth day of December. . C' Witness q itness Notaries: Use proper form on back. H.S.P. Encinitas, Inc. n Print,- -- illiam F. jI,a Bch; Vice President P r i n t s Raymond C. San dler, Ass t. Secretar 2801.doc (07- 10 -95) G 2E- CARDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT ' P.O. BOX 231010 ". ►1� ENCINITAS, CA 92023 -1010 L AJC //V' 1'' p -- . r4,&. 41 C_ R- 912 23—APR-1996 6 10 : 54 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER FEES: 0.00 For the benefit of the District I C� 1 3 GRANT OF EASEMENT FOR WATER LINE The undersigned, H.S. r . Encinitas, inc., a California Corporation 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 -way, together with the right to clear and keep clear said right -of -way from buildings, structures, explosive, trees, and other materiar 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: See attached Exhibit "A" The route of said easement of right -of -way across the aforesaid lands shall be as follows: See attached Exhibit "B "�� / to pave over and/or 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. Notwithstanding the foregoing, Grant r reserves and shall have the unconditional riot to pave over said pipe line and /or right -of way. 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 our h and s this fourth day of December. . C' Witness q itness Notaries: Use proper form on back. H.S.P. Encinitas, Inc. n Print,- -- illiam F. jI,a Bch; Vice President P r i n t s Raymond C. San dler, Ass t. Secretar 2801.doc (07- 10 -95) 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT 913 No. 5907 State of (f4 G 21V (A County of /0J 19L, s �E Z45�- On e-• • `� / �� before me, I'lA ,7': R4Na4 14 No TA. -c,, t DXTE NAME, TITLE OF OFFICER - E. K., "JANE DOE, NOTARY UBLIC' r � personally appeared / /-Am 7 _r a�,sr , NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized "�"a+r�.w►N° ^u Cof�IMl f 1 capacity(ies), and that by his /her /their _ 00326 { + Wa y�e — �fbrrft � signature(s) on the instrument the person(s), LOS ANGELES COUNTY M+y COMM. Ex0es AUG 29 .im or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER �,>✓�I' TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT 6'e eV'T a /f''6/ ?-- TITLE OR TYPE OF DOCUMENT A � ryF NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: , NAME OF PERSON(S) OR ENTITY(IES) lle� /Cf.W Al A �- k1pi9 N IA 41EI �� ��✓�� �� �`f = N C- SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT 914 No. 5907 n State of e4 I- '4 � d" 419 County of Z-6 X .4 A/C ¢'L�.� On before me 7' ,e4w u/N Av ®L ed; DATE NAME, TITLE OF OFFICER - E. JANE DOE, NOT Y PUBLIC" personally appeared iea!se Zy o al 0 e j4 ,yh L.6/, NAME(S) OF SIGNER(S) X personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their MARY J.RANDALL signature(s) on the instrument the person(s), COW # 1003236 { - Notary pU311C— CaBfornW or the entity upon behalf of which the LOS ANGELESCOUNIY person(s) acted, executed the instrument. My Comm- B4*es AUG 29. 1997 WITNESS my hand and official seal. V E OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL IX CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT C l? R M 7' o F- /? A0sl/ 7— TITLE OR TYPE OF DOCUMINT F e N_ w TC2 L it F! !/ NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Wi `/ lj ?,4 4 )PS Tis SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 0 EXHIBIT "A" OWNERSHIP LEGAL DESCRIPTION PAR CEL A. That portion of the Northwest Bernardino Base follows: • 915 land situated in the West One Half of the Northeast Quarter of Quarter of Section 15, Township 13 South, Range 4 West, San and Meridian, according to Official Plat thereof, described as Beginning at the North Quarter corner of said Section 15, Township 13 South, Range 4 West, San Bernardino Base and Meridian, running thence North 89 0 49'30" West 673.31 feet to a point; said point being the Northeast corner of said West One half of the Northeast Quarter; thence ,South 1 ° 35'15" West 534.22 feet along the Easterly boundary of said West One half to a point, said point being the TRUE POINT OF BEGINNING. Thence continuing South 1 ° 34'15" West along said Easterly line 545 feet more or less to the Northeasterly line of land described in Deed to the County of San Diego, recorded August 10, 1967 as File No. 119393 of Official Records; thence Northwesterly along said Northeasterly line 171 feet more or less to the Westerly line of land described in Deed to Dennis W. Cavanaugh, et ux, recorded July 7, 1965 as -File No. 120859 of Official Records; thence along said Westerly line North 5 ° 38'20" Last 455 feet more or less to the Northwest corner of said land; thence along the North line thereof 114.25 feet to the TRUE POINT OF BEGINNING. PA RCELB That portion of land situated in the West Half of the Northeast Quarter of the Northwest Quarter of Section 15, Township 13 South, Range 4 West, San Bernardino Base and Meridian, according'to Official Plat thereof, described as follows: Beginning at the North Quarter corner of said Section 15, Township 13 South, Range 4 West, San Bernardino Base and Meridian, running thence North 89 ° 49'30" West, 673.31 feet to a point, said point being the Northeast corner of said West Half of the Northeast Quarter of the Northwest Quarter; thence South 01 ° 34'15" West, 534.22 feet along the Easterly boundary of said West Half to',a point, said point being designated. as Point "A "; thence continuing South 01 0 34'15" West along said Easterly line, 574.54 feet, more or less, to an intersection with the Northeasterly line of County Road Survey No. 458, as shown on Map on file in the Office of the County Surveyor of said San Diego County; thence along said right of way, Nortti 52 °58'30" West, 25.08 feet; thence Northwesterly along a curve concave to the Southwest having a central angle of 19 ° 50' and a radius of 725.00 feet, a distance of 146.96 feet to the TRUE POINT OF BEGINNING; thence Northwesterly along said curve, a distance of 104.00 feet; thence North 72 ° 48'30" West, 50.38 feet; thence North 20 ° 41'45" East 452.67 feet; thence North 87 ° 11'45" Last, 32.22 feet to a point which bears South 87 ° 11'45" West, 114.25 feet from the aforementioned point designated as Point "A "; thence South 05 ° 38'20" West, 479.97 feet, more or less, to the TRUE POINT OF BEGINNING. Excepting the portion conveyed to the County of San Diego by Deed recorded August 10, 1967 as File No. 119392 of Official Records. 916 PE 609G EXHIBIT `B' EASEMENT LEGAL DESCRIPTION PARCEL "A" A STRIP OF LAND 20.00 FEET WIDE LYING WITHIN THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, T13S, R4W, SAN BERNARDINO BASE AND MERIDIAN IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO U.S. GOVERNMENT SURVEY, APPROVED APRIL 19, 1881. THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS: COMMENCING AT A WELL MONUMENT IN THE CENTERLINE OF ENCINITAS BLVD. AT STATION 7 +78.10 PER COUNTY OF SAN DIEGO ROAD SURVEY RS458 -66, THENCE ALONG SAID CENTERLINE SOUTH 55 °11'59" EAST (SOUTH 55 0 11'25" EAST PER RS458 -66) 5.50 FEET; THENCE LEAVING SAID CENTERLINE NORTH 34 0 48'01" EAST 51.00 FEET TO THE SIDELINE OF SAID ENCINITAS BLVD. BEING THE POINT OF BEGINNING; THENCE NORTH 34 0 48'01" EAST 12.10 FEET TO THE BEGINNING OF A 200.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE ALONG SAID CURVE 16.75 FEET THROUGH A CENTRAL ANGLE OF 4 °47'55 "; TO A POINT HEREINAFTER KNOWN AS POINT "A "; THENCE CONTINUING ALONG SAID CURVE 97.07 FEET;THRU A CENTRAL ANGLE OF 27 °48'35 "; THENCE NORTH 2 °11'31" EAST 21.99 FEET; THENCE NORTH 9 0 03'29" WEST 25.63 FEET; THENCE NORTH 2 °11'31" EAST 166.95 FEET; THENCE NORTH 38 0 06'34" WEST 52.82 FEET; THENCE NORTH 87 0 48'29" WEST 46.84 FEET; THENCE NORTH 2 °11'31" EAST 53.50 FEET TO A POINT HEREINAFTER KNOWN AS POINT "B "; THENCE NORTH 2 °11'31" EAST 43.98 FEET; THENCE NORTH 46 0 59'22" WEST 49.21 FEET TO THE POINT OF TERMINUS IN THE NORTHERLY LINE OF THAT LAND DESCRIBED IN A DEED TO H.S.P. ENCINITAS, INC. PER DOCUMENT RECORDED DECEMBER 16, 1993 AS DOCUMENT NO. 93- 849669 OF OFFICIAL RECORDS. THE SIDELINES OF SAID STRIP TO BE EXTENDED OR SHORTENED SO AS TO TERMINATE IN THE NORTHEAST SIDELINE OF SAID ENCINITAS BLVD. AND TO BE EXTENDED OR SHORTENED SO AS TO TERMINATE IN THE NORTH AND NORTHWEST BOUNDARY OF SAID H.S.P. ENCINITAS INC. LAND. 0 917 PE 609G EXHIBIT `B' (Continued) PARCEL "B" A STRIP OF LAND 20.00 FEET WIDE THE CENTERLINE THEREOF BEGINNING AT THE AFORESAID POINT "A "; THENCE SOUTH 59 °59'54" EAST 15.00 FEET TO THE POINT OF TERMINUS. PARCEL "C" A STRIP OF LAND 10.00 FEET WIDE THE CENTERLINE THEREOF BEGINNING AT THE AFORESAID POINT B "; THENCE SOUTH 87 0 48'29" EAST 15.00 FEET TO THE POINT OF TERMINUS. •' ® 918 N 4�'s9'� � 4Q 2f' WATER EASE ENr � r r EXH181 " pt1 jr! " • PCL"C � " I I I ( I A4'47'S5 L I4•T5 R ZOO 1 S59 15.00' 4 I - G 27'48' 35"4 97.07 R ZOO 1 �� 4N 31 "E S3.Sb • - - \ N Z ° f l' 3f" E 43,98 4 iJ 87'48'29 "W . ` g 87 IS • Oo 3 41-.84' .98' '3 4' W 52.82' I I Lai 1 YSJR 6"14C/Av1raS WC. c oC. MCC /?- -/4 -93 1VI 1 � Fl p 4 3 - a 4444 4 Z0 , AI a , NOTE: PAVEMENT TYM AL OVER .. #01 L yy i �, h I ! �n Ih� WATO EAEEIIENT ►Y -i-r, I�JI ._ I )y 9 03 24 W -15.43 C. No 5211 " EKF G-50-'R9 ]� s � f u M � ► �� - � r � 4 6A Sr,� ,a►, �s? , PASCO ENGINEERING (616) 286 -6212 �F ` V � 895 NO. NIO SAS A IN r! O dp�W/� • �L/1CN. h CA 02076 B S / 6 9'O� o q -- . 1 . o MA Y 7 1996 SAN DIEGUITO W ATERDIS - ,r . 1� • 0