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2005-437530SAN DIEGUITO WATER DISTRICT 505 S. VULCAN AVENUE ENCINITAS, CA 92024 DOGd 2005 - 0437630 11 Nil 1111111111111111111111 PH 111u 111 MAY 24, 2005 3:19 PM OFFIGAILRECOR11= =. ,IJ C?IEiaLi COUI ^JT`i` FIEC:ORDER'S FIFFii_E 1REi'1 Fh J. SIMITH. L:OLIIdTY RED IRDEFI O.iiii i ',p.G I- : hJ 5 Iii!! ��ill ��ill i�l�l III I ���i! 9111 ��I(I 6�i1! �flll ��III ��III �G II ��III �GII I�BI GRANT OF EASEMENT FOR WATER LINE DOCUMENTARY TRANSFER TAX $ 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 instaiiation, construction, operation, inspection, repair, maintenance and replacedent 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 strictures 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 day of 2004. M & M DEVELOPMENT. LLC 280Ldoc (07- 10 -95) JP Val AfP RECORDING REQUESTED BY: ®� � � , o SAN DIEGUITO WATER DISTRICT 1 FOR THE BENEFIT OF THE DISTRIC WHEN RECORDED MAIL TO: 1 "' SAN DIEGUITO WATER DISTRICT 505 S. VULCAN AVENUE ENCINITAS, CA 92024 DOGd 2005 - 0437630 11 Nil 1111111111111111111111 PH 111u 111 MAY 24, 2005 3:19 PM OFFIGAILRECOR11= =. ,IJ C?IEiaLi COUI ^JT`i` FIEC:ORDER'S FIFFii_E 1REi'1 Fh J. SIMITH. L:OLIIdTY RED IRDEFI O.iiii i ',p.G I- : hJ 5 Iii!! ��ill ��ill i�l�l III I ���i! 9111 ��I(I 6�i1! �flll ��III ��III �G II ��III �GII I�BI GRANT OF EASEMENT FOR WATER LINE DOCUMENTARY TRANSFER TAX $ 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 instaiiation, construction, operation, inspection, repair, maintenance and replacedent 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 strictures 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 day of 2004. M & M DEVELOPMENT. LLC 280Ldoc (07- 10 -95) State of (-0.\ t 1 �0 1 ` A ): h County of OLe90 On kJ 10(aft4 before me, Ro6vrk P . We �)�n F„ �Ikr (DATE) (NAME/TITLE OF OFFICER- i.e.'JANE DOE, NOTARY PUBLIC') personally appeared - © r= 0. h (NAME(S) OF SIGNER(S)) ❑ personally known to me -OR- LLX f • r H 4. � :11 Ar proved to me on the basis of satisfactory evidence to be the erson(,} whose name(v) Oc subscribed to the within instrument and acknowledged to me that �G)sNe /th&/ executed Ihe same in (03)hAr /t"6ir authorized ca gc(ty(ie\As), and that by hbr /their signatureW on the instrument the person( 'M, or the entity upon behalf of which the person(M acted, executed the instrument. 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: Trtle or Type of Document 6`Mn'T or Kle" i Tit Number of Pages Date of Document Signer(s) Other Than Named Above RIGHT THUMBPRINT (Optional) s 0 ` 0 r CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL(S) ❑CORPORATE OFFICER(S) (TITLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) ❑GUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Persons) or Entity(ies) RIGHT THUMBPRINT (Optional) 0 0 CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUAL(S) ❑CORPORATE OFFICER(S) (TITLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) ❑GUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) WOLCOTTS FORM 63240 Rev. 3 -94 (price claw 8 -2A) (D 1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY /REPRESENTATION/TWO FINGERPRINTS 7 1111 67775 63240 ri This is to certify that the interest in real property conveyed by the deed or grant dated 18ho )04 , 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 /'T 1 1 + 1 20V By " I District Manager 2801.doc(07- 10 -95) EXHIBIT "A" AN EASEMENT FOR WATER PIPELINES OVER, ACROSS, AND UNDER A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST BEING A PART OF RECORD OF SURVEY MAP NO. 14943, RECORDED AUGUST 3, 1995 IN THE OFFICE OF THE COUNTY RECORDER OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THE SIDELINES OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 13 SOUTH, RANGE 4 WEST PER RECORD CORNER OF RECORD OF SURVEY MAP NO. 14943; THENCE NORTH 89 0 21 1 28" WEST, 291.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89 ° 21 1 28" WEST, 63.25 FEET; THENCE NORTH 67 0 21'34" EAST, 386.87 FEET; THENCE SOUTH 01 0 00'40" WEST, 27.29 FEET; THENCE SOUTH 67 0 21'34" WEST, 317.82 FEET TO THE TRUE POINT OF BEGINNING. SAID PIPELINE EASEMENT CONTAINS 0.20 ACRES MORE OR LESS. R06ERi B9ff sewu encinitas.wtr 0 PROPOSED WATERLINE EASEMENT 1*36 1 Howl 50' 25' 0 50' 100' 150' o �r 0) CD C14 SCALE: 1 " = 50' ° N 0 A. P. N. 262 - 073 -24 N 7/2 OF THE N W 114 OF THE N W 114 0,6 N O V) P.O.B. OF SEC 25, TI 3S, R4 W / 6l EXHIBIT "B" AREA - 8,809 SQ. FT. N 89'21'28 "W 291.13' N89'21'28 "W — T.P.O.B. 63.25' SE CORNER N 112 OF THE N W 1 OF THE N W 1 OF SEC 25, T 13S, R 4 W PER R. 0. S. 14943 LAND ,SU N ROBERT B. o SERVICE NO. LS 4456 EXP. 9/30/01 OF C land planning, civil engineering, surveyin 5115 Avenida Encinas Suite L Carlsbad, California 92008 -4387 (760) 931 -8700 ROBERT B. SERVICE L.S. 4456 W.O. 505- 0704 -600 9/13/2000 ENC ESMT.DWG NJN -. �__` ` `` `- `�� . - °