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1997-665017-4 ( 0665017 Dec 30, 1997 9: A RECORDING REQUESTED BY: OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE SAN DIEGUITO WATER DISTRICT 7 GREGORY J. SMITH, COUNTY RECORDER FOR THE BENEFIT OF THE DISTRIC� FEES: 0.00 WHEN RECORDED MAIL TO: :4 OC: NA SAN DIEGUITO P.O. BOX 231010 WATER DISTRICT �� I IIII I VIII IIII IIII I II I II I VIII VIII VIII III III ENCINITAS, CA 92023 -1010 \L� GRANT OF EASEMENT FOR WATER LINE The undersigned, Kalita Beck McCarthy, as Trustee of the Kentmere Trust, dated December 19, 1996, 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 rr - � herein granted. Cl) z 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 F _ particularly described as follows, to wit: The route of said easement of right -of -way across the aforesaid lands shall be as follows: SEE EXHIBIT "A" F-- w 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 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 12.5 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. Witness h and this Witness Witness 2801.doc(07- 10 -95) 75® This is to certify that the interest in real property conveyed by the deed or grant dated 11/?6/97 from Ka 1 i to Beck McCarthy, trustee 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 1-' "- 9 7 19 By Lauren M. Wasserman, District Manager STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on No ye►nbe l' Q & , 1997 by KALITA MCCARTHY, TRUSTEE of KENTMERE TRUST, for and in the capacity stated. , RACHAEL L. TOWNSEND � COMMISSION EXPIRES SEPTEMBER 6, 1999 Notary Public State of Texas My Commission Expires: 2801.doc(07- 10 -95) SDE 4116.02 NOVEMBER 26, 1997 751 EXHIBIT "A" LEGAL DESCRIPTION GRANT OF WATER LINE EASEMENT A STRIP OF LAND, 25.00 FEET IN WIDTH, LYING WITHIN LOT 3 IN BLOCK 23 OF RANCHO SANTA FE, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1742, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 1922, THE CENTERLINE OF SAID STRIP OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF SAID LOT 3, SAID POINT BEING A POINT ON THE ARC OF A 1114.67 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 39 °16'37" WEST (RECORD NORTH 39 °18'03" WEST); THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE THEREOF AND ALONG THE ARC OF SAID CURVE 65.49 FEET (RECORD 65.48 FEET) THROUGH A CENTRAL ANGLE OF 3 °21'59" TO THE BEGINNING OF A COMPOUND 711.55 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 135.77 FEET THROUGH A CENTRAL ANGLE OF 10 0 55'56" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHEASTERLY LINE SOUTH 78 0 57'37" WEST, 142.99 FEET TO THE BEGINNING OF A TANGENT 900.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 143.27 FEET THROUGH A CENTRAL ANGLE OF 9 °07'14 "; THENCE SOUTH 88 °04'52" WEST, 841.59 FEET TO THE BEGINNING OF A TANGENT 2800.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE 287.85 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3. THE SIDELINES OF SAID STRIP OF LAND TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE EASTERLY ON SAID SOUTHEASTERLY LINE OF SAID LOT 3 AND WESTERLY ON SAID WESTERLY LINE OF SAID LOT 3. 0, Si p -AND S� fcee - " -or pN L �O Ex p. 10 � .4 7k p lc OF C A1.\ "-;e FILE: L: \1DATA \SURVEYS \4116SURV\4116- OOI.WPD a n..� g " CL EXISTING WATERLINE ESMN'T RECD 5 -3 -50 IN BOOK 3606, PG 218, O.R. (PORTION BE QUIT - CLAIMED) R= 1114.67'- L= 65.49' D=03'1 5'01 " P.O.B. R= 2800.00' �� L= 287.85' R= 900.00' D =05 °53'25" L= 143,27' D=09 4" • 'l� ® 8419' ` —1— — - S88 °04'52"114 1.59' _ ® S78°57'37"W CL PROPOSED 25' 142.99' r ` �G WATERLINE EASEMENT , �J, SEE R= 711.50' J \ AIL �® L= 135.77' D =10 °55'56 WESTERLY BNDRY. LOT 3 CL EXISTING WATER LINE ESMN'T CL PROPOSED 25' WATER LINE ESMN'T o R =2800' R= 280.00' L= 287.85' L =4.05' D= 00°53'25" D =00 °49'44" DETAIL NOT TO SCALE EXHIBIT.DWG. SCALE :1"=300'. DATE: 12 -01 -97 SUE 4 1 1 6 02 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO AND MAIL TAX STATEMENTS TO District Clerk S D' t W t D strict THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON DEC 30, 11997 DOCUMENT NUMBER 1997 - 0665018 GREGORY J. SMITH, COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME= 9: AM an_ iegw o a er i P.O. Box 23 10 10 ;�- Encinitas, CA 92023 -1010 (C•� �•ri Space above this line for Recorder's use QUITCLAIM DEED (No recording fee - Government Code §27383) R f�'` THE UNDERSIGNED GRANTOR DECL ?-Revenue Documentary Transfer Tax is: & Tax Code § 11911 FOR�ALUABLE CONSIDERATIOf4, the receipt of which is hereby acknowledged, SAN DIEGUITO WATER DISTRICT hereby REMISES, R�EASES AND FOREVER QUITCLAIMS to KALITA BECK MCCARTHY, AS TRUSTEE OF THE KEN TRUST, DATED DECEMBER 19, 1996, the following described real property in the County of San Diego S t f Califgr�►ia: a `,egal Description attached hereto as Exhibit "A" (Quitclaim Area) SAN DIEGUITO WATER DISTRICT, an Irrigation District of the State of California Dated: �-7 , �k� ✓���1 C L�L:�- t- , .- -- -�� Lauren Wasserman District Manager ALL- PURPOSE ACKNOWLEDGEMENT State of California ) County of San Diego ) ss. On December 19, 1997, before me, Patricia Drew, Notary Public, appeared Lauren M. Wasserman, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Patricia Drew, Notary Public My Commission Expires June 22, 2001 PATRICIA DREW Comm.# 1143097 n A NOTARY PUBLIC•CAIIFORNIA N SAN DIEGO COUNTY ? My Comm: Exp. June 22, 2001 SEAL pd \misc \ack. LW SDE 4116.02 NOVEMBER 26, 1997 EXHIBIT "A" LEGAL DESCRIPTION QUIT -CLAIM OF WATER LINE EASEMENT THAT PORTION OF THAT EASEMENT AND RIGHT OF WAY GRANTED TO SAN DIEGUITO IRRIGATION DISTRICT BY DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 3, 1950 IN BOOK 3606, PAGE 218 OF OFFICIAL RECORDS FOR THE PURPOSE OF LOCATING, RELOCATING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, OPERATING, INSPECTING AND REPAIRING A PIPE LINE OR PIPE LINES, AND ALL FIXTURES AND APPURTENANCES INCIDENTAL THERETO, LYING WITHIN LOT 3 IN BLOCK 23 OF RANCHO SANTA FE, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1742, FILED IN THE OFFICE OF THE COUNT i' RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 1922. Si p LAND s, Fx 0 q l f OF C ALk � FILE: L: \1DATA \SURVEYS \4116SURV\4116- 002.WPD