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1998-842361D' i 1 Dec 23 , - 1998 li z og AM RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT FOR THE BENEFIT OF THE DISTRI WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 7� P.O. BOX 231010 fjaENCINITAS, CA 92023 -1010 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 26.00 1111 l�l�llll1111 ��� _ (� GRANT OF EASEMENT FOR WATER LINE 196(0 The undersigned, M. Alberta Kruger, as Trustee Under Declaration of Trust, dated September 24,_19W, 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. Witness this 3 — day of Witness �A�J Witness 280 ].doe (07-10-95) 834 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of t -r County of 1 1,t C7 On a- i) before me, 7` *^ 4 E Qy�� Q U �? Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared f-U _,4- Name(s) of Signer(s) ❑ personally known to me - OR oved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument AMY E. VARGO and acknowl ed to me that h sh they executed the Comm. # 1161753 saPe hi /her heir authorized capaclty(ies), and that by N • NOTARY PUBLIC -CALIFORNIA N hi heir slgnature(s) on the instrument the person(s), San Diego County ,r or ntity upon behalf of which the person(s) acted, My Comm. Expires Nov.16,2001 executed the instrument. WITNESS my hand and official seal. Si of Notary Publ' OPTIONAL C � 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: Document Date: Signer(s) Other Than Named Above: e Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHTTHUMBPRINT ` OF SIGNER o f thumb here Signer's Name: F11111 Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited Attorney -in -Fact Trustee ❑ General Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER i . 0 1994 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 F'roa. NO. 69U1 neu.ue . Ia ­. 9 835 This is to certify that the interest in real property conveyed by the deed or grant dated I Z" I d — q from M. Alberta Kruger, as I°►S(I Trustee Under Declaration of Trust, dated September 24, J-QW 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"� r a (i 19 Lauren M. Wasserman, District Manager 2801.doc(07- 10 -95) ® 836 EXHIBIT "A" LEGAL DESCRIPTION Portion of APN 256- 412 -13 (Kruger) To Be Granted as a Public Water System Easement to San Dieguito Water District The Southerly 12.00 feet of Lot Six in Block "X" of Seaside Gardens Annex, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1801, filed in the Office of the County Recorder of San Diego County, August 6, 1924, excepting excqpftng therefrom the Easterly 68.00 feet. EXHIBIT "B" EASEMENT FOR PUBLIC WATER SYSTEM TO SAN DIEGUITO WATER DISTRICT 0 25 50 75 100 j\jl:s No J80 J r�- 30 1 IR �1C) jrk L ot 6 Existing Private Road and Public Utilities Easement er Document No. 1g18- 0148148 Recorded 3/19/8 Delta = 1 0 12'25" AND Proposed Easement for Public Water System R 580 L = 1222' to be Granted Hereon to San Dieguitodder District 1 On N 88 °48'42" W 415.06' I 1 / :111 / / ! % l l f z %1 l /� ; N_88 °48'42" W 56536' `' O VIEW TERRACE — — 88 °48'42" j Delta = I °II 3" F ar'pJ 1 P/L P/L a Existin Private Road and Utilities E Portion of Lot 1 Dedicated for Public Document No. M15- 0148141 Recorded Roadway Purposes on Parcel Map Proposed 12' Wide Public Sewer Easement to be Dedicated on Parcel Map for TPMQ1 -160 L ot Private Roads to be Maintained in accordance mith Private Road N Maintenance Agreement recorded 3/19/18 g as Doc. No. 1 I TT /T, 77/Ti /TT /TT/ - 77.'77J 77 Delta = 10 °00'00 R = 28.00' L = 43.18' NI°II'18"E 8.00' N88 0 4842 "W 24.00" Parcel �-� 108.00' -- - 7 N88°4642 "W I Delta 8.00' 000'00" L = 43.18' 8.00' .parppJ ICJ C 838 SAN DIEGUITO 59 EAST "D" STREET ENCINITAS, CALIFORNIA 92024 ft WATER SUBORDINATION OF BENEFICIARY OF DEED OF TRUST DISTRICT (619) 753 -1145 In consideration of the mutual benefits arising from the granting of the foregoing easement and for other good and valuable consideration, the undersigned, as beneficiary under that certain deed of trust, recorded in the Office of the San Diego County Recorder at File /Page No. 1 997- 0392 . 040., encumbering said property, consents to the granting of the aforesaid easement' and unconditionally waives, relinquishes and subordinates the lien or charge' of said deed of trust to said easement, and agrees that the easement shall at all times be an interest in said property prior and superior to the lien or charge of said deed of trust. The easement and lien are over the property which is a part of TM or TPM Number 97 -160 Beneficiary (Signatures must be acknowledged) r i CALIFORNIA ALL-PURPOG ACKNOWLEDGMENT State of County of O Ri°t AUGG On I\16 VEM$F[L 50 , 90 before me, 40,10A s • WOOD, N0TA - a!f PJb1j Date Name and Title of Officer ++ ( e. "Jane g., " Doe, Notary Public" personally appeared 14,4e'i�}�i F. MAR.M[:s , TR US r Ee Name(s) of Signer(s) ❑ personally known to me B proved to me on the basis of satisfactory evidence UND AS. WOOD ✓' - Commission # 1049558 NotcTy Public - Californm a C9ranoo Count*,f Ez{ue Jan My COMM 12 1 t to be the person( whose name( is /are subscribed to the within instrument and acknowledged to me that he /stye /th6y executed the same in his /he authorized capacity(iers), and that by his /h�r /Mr signature(s) on the instrument the person(ol, or the entity upon behalf of which the person(g) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OP ONAL 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: 5ub6RDtivi?Ti 6A3 oP OF DCEO OF T aO ST' Document Date: A o - D4TtL Number of Pages: 1 Signer(s) Other Than Named Above: /Vo Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact X Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER •• Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: FE 0 1996 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 0 N 01 L ,� co