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2008-598742� DOS/ 2008 -0598742 RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT FOR THE BENEFIT OF THE DISTRICT WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 505 S. VULCAN AVENUE ENCINITAS, CA 92024 NOV 18, 2008 8:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGOR'YJ. SMITH, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: APN 254- 430 -05 GRANT OF EASEMENT FOR WATER LINE The undersigned, LEUCADIA SEABLUFF VILLAGE COMMUNITY ASSOCIATION, INC., a California Non - profit 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 lands hereinafter described, 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 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 fo 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. 6 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 lines; 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 lines, 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 -?M day of ���}d+ ple, , 2008. Gail Sanders President, Board of Directors Leucadia Seabluffe Village Community Association, Inc. This is to certify that the interest in real property conveyed by the deed or grant deed dated from the Leucadia Seabluffe Village Cor nmuni Association, Inc. to the SAN DIEGUI T O WATER DISTRICT, a governmental agency is hereby accepted and SAN DIEGUITO WATER DISTRICT consents to recordation thereof by its duly authorized offer. Dated 10 , 2008 Y Lawrence A. Watt General Manager San Dieguito Water District • EXHIBIT "A" EASEMENT LEGAL DESCRIPTION APN: 254 - 430 -05 • VESTING: LEUCADIA SEA BLUFFE VILLAGE COMMUNITY ASSOCIATION, INC., A CALIFORNIA NON - PROFIT CORPORATION. ALL THAT PORTION OF LOT 423 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7274 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 3, 1972 AS FILE NO. 111250 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THAT EXISTING EASEMENT TO SAN DIEGUITO IRRIGATION DISTRICT RECORDED FEBRUARY 23, 1972 AS DOCUMENT NUMBERS 43208 AND 43.439 AS SHOWN ON SHEET 10 OF SAID MAP 7274, SAID POINT BEING AT THE NORTHERLY END OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 180.00 FEET, A CENTRAL ANGLE OF 56 °43'17" AND A LENGTH OF 178.20 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 76° EAST, AS SHOWN ON SAID MAP 7274; THENCE TANGENT TO SAID CURVE NORTH 14 °00'00" WEST, 89.93 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 1020.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 0 00'00" AN ARC LENGTH OF 213.63 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 980.00 FEET; THENCE NORTHERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 4 °00'00" AN ARC LENGTH OF 68.42 FEET TO AN ANGLE POINT IN SAID EASEMENT TO SAN DIEGUITO IRRIGATION DISTRICT; THENCE ALONG SAID EASEMENT NORTH 84 0 00'00" EAST, 40.00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 1020.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 84 0 00'00" EAST; THENCE LEAVING SAID EASEMENT SOUTHERLY ALONG SAID NON - TANGENT CURVE THROUGH A CENTRAL ANGLE OF 4 0 00'00" AN ARC LENGTH OF 71.21 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 980.00 FEET; THENCE SOUTHERLY ALONG SAID REVERSE CURVE THROUGH A. CENTRAL ANGLE OF 12 °00'00" AN ARC LENGTH OF 205.25 FEET; THENCE SOUTH 14`00'00" EAST, 89.93 FEET TO AN ANGLE POINT IN SAID EASEMENT TO SAN DIEGUITO IRRIGATION DISTRICT; THENCE ALONG SAID EASEMENT SOUTH 76 °00'00" WEST, 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.339 ACRES MORE OR LESS. -1- • - • ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT 'B'. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SIGNATURE 1 EN VEYOR DATE -/ / ZZ, ZcoB /�� LAND SU Exp. N >A No..7790 �- 9TF p� OF -2- 57 EXHIBIT 11 B 130 11 N 84'00'00" E(R) 40.00' . �3J odV i �Q a CD 00 ,�� Im LO NNC 162 D I� N O I * « SCALE 1"=60 ' EXI EASEMENTS Q EXISTING SEWER EASEMENT DEDIIC ACCEPTED I BD EXISTING SAN DIEGUITO IRRIGATION If.�J DISTRICT EASEMENT REC. 2/23/1972 AS DOC. NOS. 43208 & 43432 4 3 EXISTING OPEN SPACE EASEMENT ]VI r' 1 P THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH -- TH LAND SURVEYORS ACT MICHAEL L. SCHLUMPBERGER, PLS 7790 a 56'43'17' 1 �1`4. R= 180.00' I B - L= 178.20 l DENOTES AREA OF ® EASEMENT ACQUISITION 0.339 ACRES MORE OR LESS Right —Of —Way Engineering Services, Inc. Land Surveying 4167 Avenida de Ia Plata Ste. 114 • Oceanside. CA 92066 (760) 732 -1388 FAX (760) 732 -1367 Drowing file nome: Picodilly odditionol woter easement plot.dwg Job Number: 0710- 0093 -11 r IN J w CP w 235 )36 Z � D _ O u J ,3 O' o� p LT1 )ail f 4� No. 7790 z Exp. 12 319 Y 9lE OF CA`\EO 76'00'00" W(R NOTE: ALL DIMENSIONS SHOWN 40.00' HEREON ARE COMPILED FROM RECORD DATA. ASSESSORS' PARCEL NO.: 254 - 430 -05 CITY OF ENCINITAS EASEMENT PLAT VESTING: LEUCADIA SEA BLUFFE VILLAGE C ASSOCIATION INC., A CALIFORNIA NON - PROFIT CORPORATION DATE: APRIL 29, 2008 1 SHEET 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of Califoorrniia - County of j - �-!'<'•ie C� On before me, Date . personally appeared TQ L M Here Insert Narle d Title of the Officer �0►�Y Namers) of Signer(s) ❑ Corporate Officer — Title(s): 0 who proved to me on the basis of satisfactory evidence to M . be the person( whose names) is /aye subscribed to the ❑ Partner — ❑ Limited ❑ General within instrument and acknowledged to me that _ 612S.1 ICU IRI Ae /she /they executed the same in his /her /thoir authorized - capacity(+es), and that by bis /her /tlaeir signature(.&) on the ❑ Trustee instrument the person(&), or the entity upon behalf of MARIETTA SWDER which the person(&) acted, executed the instrument. Public � 15 93494 womlo I PENALTY OF PERJURY Not,v ~ certify under under the laws SW Nego Cam of the State of California that the foregoing paragraph is NNcn true and correct. WITNESS my hand and of fic i a l seal. Signature _MOO • &M � P blic Place Notary Seal Above Signature Signer Is Representing: 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: rwm i CF Document Date: 4- Number of Pages: Signer(s) Other Than Jamed Above: u Capacity(ies) Claimed by Signer(s) Signer's Name: I OLL I I ► � G(,�( Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): M . ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General _ 612S.1 ICU IRI ❑ Attorney in Fact - El Attorney in Fact ❑ Trustee Top of thumb here :;_ ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: e Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 -676 -6827 D EC 1 8 2008 CITY OF ENCINITAS SAN DIEGUITO WATER DISTRICT