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2001-536957�b S RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 505 S. VULCAN AVENUE ENCINITAS, CA 92024 Jul 31, 2 001 4:3 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES, 0,00 OCd NA Assessor's Parcel No. 254- 614- 01,02,05 & 257- 020 -01 U" GRANT OF EASEMENT FOR WATER LINE The undersigned, K. Hovnanian Companies of Southern California, Inc., 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 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. Executed this 1-7 TU day of ArfZl L 2001. K. Hovnanian Companies of So ern California, Inc. 1Z M51t r' C. Cv+'nW 1 6 ­ 1 4 S V.P , AOMVTIt Izi5p 1�4a)L�J'r 2801.doc(07- 10 -95) Y' This is to certify that the interest in real property conveyed by the deed or grant dated 4 1 0 zcjai , from K. Hovnanian Companies of Southern California, Inc. 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 ���r,� i'3 2001 By LJ 00_ ,,/District Manager 2801.doc(07- 10 -95) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of AaZfia "14 NOTARY PUBLIC -C SAN DIEGO,COUN MAY 24.2003 03 ri es .• 0 M Commission WITNESS my hand and official seal. Sig ture o otary Public 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: 62AN OF Fft6F-Mf Aj i F og �f1 �49 4-1AJe- Document Date: !7 L.0 i Number of Pages: 5 Signer(s) Other Than Named Above: County of �� y U On A&M- /-), abD/ before me, VIA&AeA A T &mSjti J/97 Date Name and Title of Officer (e.g., "J. Notary P blic') personally appeared 10 8e2T d - dOln1h /"G S 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 acknowledged to me that he /sAeAhey executed the same in his /hefts- i authorized capacity(ies), and that by his /he6414eir signature(s) on the instrument the person(s), BARBARA M. 2 N� 6 n or the entity upon behalf of which the person(s) acted, " COMM. #122126 I I u:ORNIA N executed the instrument. Capacity(ies) Claimed by Signer(s) Signer's Name: / ZA" � - ( 1AJ &-5 1 In Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: A •EAj r Signer Is Representing ■ . _ .,t WISH, 01 Top of thumb here Signer's Name: 0 Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General i Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER p ©1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga raar, L;A at sua -n ea rruu. 1— oavi -o„ 1— . — I - -- -• - -- 0 0 EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT ALL THAT PORTION OF LOT 14 OF ENCINITAS TRACT NO. 99 -137, SOUTH MESA, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 13998 FILED IN THE OFFICE OF THE COUNTY RECORDER JULY 11, 2000, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 14; THENCE ALONG THE SOUTH LINE OF SAID LOT 14 NORTH 88 0 29'24" WEST, 68.33 FEET TO THE TRUE POINT OF BEGINNING THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 88 0 29'24" WEST, 73.80 FEET; THENCE NORTH 31 WEST, 22.01 FEET ALONG THE EASTERLY LINE OF THE 20 FOOT WIDE EASEMENT TO SAN DIEGUITO WATER DISTRICT GRANTED ON SAID MAP NO. 13998; THENCE LEAVING SAID EASTERLY LINE SOUTH 76 0 19'00" EAST, 87.70 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 0.016 ACRES MORE OR LESS. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SB &O, INC. Encinitas Ranch - South Mesa Job No. 55772.00, February 19, 2001 1 OF 1 D:1557721LEGALSIWTR -ESMT Avi-P Ajo. /.5J95 \ o \ EX /ST. WATER \ EASEMENT TO \ \ S. D. W. D. PER MAP NO. 13998 f P• • B• � ? p0,. 73.80' � 68..3.3' / N.31'19'00 AW N88'29 24 22.01' / I l /IrJr Jv✓. SAN DlwulTO WA TER D/STR /CT SIB ENC/N/TAS TRACT NO. 99 -137 LOT u, mAP NO. 13998 L101 2- -19 -01 54452X99.DWG 55772.00 EXH /B /T JO LA C OSTA A[�E z �- o o o QUA IL GARDENS - LA �P Np Q DRIVE � �d S. ` O Z 0 D 2 �? = m LEUCAD /A BOULEVARD V y 01 0 a O * Exp. 9 -30 -01 PASEO DE LAS Z Q 0 No.6922 �P FL ORES V TF OF CA\--\F O� p QUA IL Z GARDENS DRIVE S /TE W LEGEND ENC /N /TAS BOULEVARD WATER EASEMENT TO V /C /N /TY MAP SAN DIEGUI70 WATER DISTRICT GRANTED HEREWMH. Avi-P Ajo. /.5J95 \ o \ EX /ST. WATER \ EASEMENT TO \ \ S. D. W. D. PER MAP NO. 13998 f P• • B• � ? p0,. 73.80' � 68..3.3' / N.31'19'00 AW N88'29 24 22.01' / I l /IrJr Jv✓. SAN DlwulTO WA TER D/STR /CT SIB ENC/N/TAS TRACT NO. 99 -137 LOT u, mAP NO. 13998 L101 2- -19 -01 54452X99.DWG 55772.00