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2005-437529RECORDING REQUESTED BY: ! T D ER SAN DIEGUITO DISTRICT FOR THE BENEFIT OF THE DISTR & 2 J' WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 505 S. VULCAN AVENUE ENCINITAS, CA 92024 DCJC# 2005- 0437529 .�� ?iil illy II�!i ili �l6i Illli ��III �I��I VIII I�I91 �Illg il�l� 1011 I��I MAY 24, 2005 3:19 PM OFFICIA",I_ RECi RD' �hd C,iE iLI w it ItlT ,' REC:i RGEFI" ; I-IFFI;- r IEGCiR`.'..i _,l ;iITH C:uI IP�T`r FIECGFIGEFI FEE_: iiiiii GRANT OF EASEMENT FOR WATER LINE DOC UMENTARY TRANSFER TASK The undersigned, M & M DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ' 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 , 7 day of CZ F t7 2004. -- C eo �Y�r e Y d . /� j� i S Q � r � M & M DEVELOPMENT, LLC 2801.doc (07- 10 -95) ' t State of CA L I - F-o a ti\ 1 t County of 5A ti L> j n On 3 before me, S h2VA &et (� P IIC. (DATE) (NAMEITITLE OFO i.e.'JANE 00f. NOTARY PUBLIC') personally appeared C -Coflf(K�l 0- ma V) S AME(S) OF SIGNER?_W El personally known to me -OR- Title or Type of Document h+ oT EoIse e- VN J 6r r - � _15104 L-) ro- Number of Pages Date of Document Witness my hand and official seal (SEAL) (SIGNATURE OF NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above proved to me on the basis of satisfactory evidence to be the erson''* whose name.l) Is subscribed to the within instrument and ac knowledged to me that < e s%Q /try executed the same in ?ff 1 - S1 1 Wjtftff authorized c city(�1, and that b is hwjtt� signature( the instrumen_tt'he person', or the entity upon behalf of which the person( acted, executed tt instrument. ~ ln RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(S) ❑CORPORATE OFFICER(S) (TITLES) OPARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEEIS) ❑ GUARD IAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(S) ❑CORPORATE OFFICER(S) (TITLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL OATTORNEY IN FACT ❑TRUSTEE(S) ❑GUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) WOLCOTTS FORM 63240 Rev. 3 -94 (price class 8 -2A) (D 7994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS �miiiiii, 6imu0 glll8 STEPHANIE NEILL COMM. #1441044 � 0 NOTARY PUBLIC- CALIFORNIA -4 SAN DIEGO COUNTY My Comm. Expires September 23, 2007 Title or Type of Document h+ oT EoIse e- VN J 6r r - � _15104 L-) ro- Number of Pages Date of Document Witness my hand and official seal (SEAL) (SIGNATURE OF NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above proved to me on the basis of satisfactory evidence to be the erson''* whose name.l) Is subscribed to the within instrument and ac knowledged to me that < e s%Q /try executed the same in ?ff 1 - S1 1 Wjtftff authorized c city(�1, and that b is hwjtt� signature( the instrumen_tt'he person', or the entity upon behalf of which the person( acted, executed tt instrument. ~ ln RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(S) ❑CORPORATE OFFICER(S) (TITLES) OPARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEEIS) ❑ GUARD IAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(S) ❑CORPORATE OFFICER(S) (TITLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL OATTORNEY IN FACT ❑TRUSTEE(S) ❑GUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) WOLCOTTS FORM 63240 Rev. 3 -94 (price class 8 -2A) (D 7994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS �miiiiii, 6imu0 glll8 This is to certify that the interest in real property conveyed by the deed or grant dated V'00', , from M & M DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY 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 kn\ 5 20OW By ' (-O District Manager 2801.doc (07- 10 -95) EXHIBIT "A" BEING A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST; THENCE SOUTH 01 WEST, 20. 85 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 735.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 10 0 32'48" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 0 39'52 ", AN ARC DISTANCE OF 34.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 06 0 54'27" EAST, 127.62 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 212.50 FEET, A RADIAL BEARING TO SAID .POINT BEARS NORTH 83 0 05'33" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03 0 19'15 ", AN ARC DISTANCE OF 12.32 FEET; THENCE SOUTH 03 0 35'12" EAST, 69.95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 600.50 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 86 0 24'48" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 0 21'30 ", AN ARC DISTANCE OF 45.68 FEET; THENCE SOUTH 00 0 46'18" WEST, 233.06 FEET; THENCE SOUTH 67 0 21'34" WEST, 27.24 FEET; THENCE NORTH 06 0 46 1 18" EAST, 243.88 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 575.50 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 89 0 13'42" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 0 21 1 30 ", AN ARC DISTANCE OF 43.78 FEET; THENCE NORTH 03 ° 35'12" EAST, 69.95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 187.50 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 86 0 24'48" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03 0 19'15 "; AN ARC DISTANCE OF 10.87 FEET; THENCE NORTH 06 0 54'27" WEST, 127.62 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 735.00 FEET, A RADIAL BEARING TO SAID POINT BEARS SOUTH 05 0 56'00" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 0 56'56 ", AN ARC DISTANCE OF 25.00 FEET TO THE TRUE POINT OF BEGINNING. ROBERT B. SE /ERVICE rCrUNPO. LS 4456 enc- access.esmt 0. W.4-T-ERLIAI "-P.O.C. N 89' 17'06" W 1312.99' MANCHESTER AVENUE rF 7777 .o 0 30 .1 1 INCH :0 D =11 ' 15'42 " L= 144.47 20.85' R= 735.00 C3 I C2 I I 1 Iz Iv, � Iv°rn — , IQ°,. Vlcn �I� NIN Ni 25' WATERLINE ACCESS EASEMENT DESCRIBED HEREON I I D =3' 19' 15" L =10.87 R= 187.50 Io to JN W 1/4 N(i CrIw to w �w Jr - H r N VV 1/% �I�, ' r r �� r r� � N �� N _7 ON 56� 7J1�11�1SHIP 13 iir -\ 1N CJ'r -- ' 4 I1J D= 4'21'30 » � I L =43.78 I I R= 575.50 I CURVE TABLE CURVE I DELTA RADIUS LENGTH C1 02'39'52" 735.00 34.18 C2 01'5656" 735.00 25.00 C3 06'3854" 735.00 85.29 D c. LAN D ROBERT B. �o SERVICE NO. LS 4456 * EXP. 9/30/01 I �I I of mi �I vl NI I W I �I A� cc OF C ROBERT B. SERVICE EXP. 9/30/01 of o ol of PROPOSED 25' WATERLINE Z I EASEMENT TO SAN DIEGUITO ( I I n C IRRIGATION DISTRICT land alannina. civil enaineerina. survevina 5115 Avenida Encinas Suite L Carlsbad, California 92008 -4387 (760) 931 -8700 1 � D= 3'19'15" L =12.32 R= 212.50 D =4'21 '30" L=45.68 R= 600.50 co w 0 0 0 0 N- 1? r ��� �������� ���7 F����