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2003-6951252003-0695125 RECORDING REQUESTED BY: S~ SAN DIEGUITO WATER DISTRICT FOR THE BENEFIT OF THE DISTR WHEN RECORDED MAIL TO: C ~ SAN DIEGUITO WATER DISTRICT 0 P.O. BOX 231010 ENCINITAS, CA 92023-1010 JUN 1-22-14 2003 11® 29 A OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 OC4 NA GRANT OF EASEMENT FOR WATER LINE DOCUMENTARY TRANSFER TAX . The undersigned, Mammoth Encinitas II, LLC, 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 otlter 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 hand this ~-3 day ofi l~ _2003. Witness -9 L' Tff5F,_Z-7" L . V,l I S H T~►~~siC~le~~~""~Nl~,l~a~i~'t~G M~;~~b~r , Witness 2801.doc (07-10-95) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Y On . 1 ~23~ before me, L~ i/~U if r)`/, f Date /I ~Name and Title of Officer (e.g., " Zane Doe, 'Notary Public") personally appeared ~7 1 W f 5t-) Name(s) of Signer(s) LORI D. DRAPER Commission # 1384774 Z z Notary Public - California ; Z Orange County My Comm. Expires Nov 17, 2006 Apersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(9<whose nameX W&r(L subscribed to the within instrument and acknowledged to me that he%4e/th4;* executed the same in his/4;4Wthe4 authorized capacity(iec.), and that by hiS/4Q-F/t#4,4F signature(s),on the instrument the person(NL or the entity upon behalf of which the person(s,~ acted, executed the instrument. ITNE S my h d c( eal. Signature of Nota ublic J 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 This is to certify that the interest in real property conveyed by the deed or grant dated (o A~ /0 3 , from Mammoth Encinitas II, LLC, 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 , 2003 By (/ct/GCS 1TrZV Di s i ~d Manager 2801.doc(07-10-95) EXHIBIT `A' LEGAL DESCRIPTION FOR WATER EASEMENT THAT PORTION OF PARCEL 1 OF PARCEL MAP 8787 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 8, 1979, AS FILE NO. 79-238031, OF OFFICIAL RECORDS, SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 1, ALSO CALLED THE POINT OF BEGINNING, THENCE ALONG THE SOUTHERLY LINE THEREOF 1. NORTH 87°15'16" EAST 172.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SAID LINE 2. NORTH 02°44'44" WEST 3. NORTH 87°15' 16" EAST 4. SOUTH 02°44'44" EAST 5. SOUTH 87°15' 16" WEST 28.00 FEET; THENCE 10.00 FEET; THENCE 28.00 FEET; THENCE 10.00 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS 280 SQUARE FEET, MORE OR LESS. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEY~~A LA ACT. OM 9~~G9 C) ct- '2 m L.S. 7443 o a Exp. 06/.30/oz MIGUtL A. MARTINEZ P.L.S. 7443 DA BASIS OF BEARINGS: THE BASIS OF BEARINGS IS THE WESTERL Y PROPERTY LINE; LE. N00'4035"E LEGEND: - - - PROPERTY LINE EASEMENT LINE 0 ~r II W Q o~ rX1S7JNC 8LrC7PlCAL WATER EASEMENT DEDICATED HEREON rACJ-117Y 7////~~~%//, AREA=280 SF (0.006 AC) APN 25B-111-02 N89 50'33"E 317.78' - Ell OH PARC8I 1 - m u A; I C r 1 MAP 878 o 0 qEjLoLLHHHH-1 ' v m PROT IO 8UILDr0 Q) I 0 I I THIS PLAT WA PREPARED BY ME OR UNDER Mr DIRECTION MAP X3225 r XJS7.►Nr !/r7'r:Rll\L49IAN ESMT. PER MAP 8787 DATE: 3-6-02 urcH my cs r: A :MR EASEMENT PLAT PARTNERS ENG'G. SCALE: t" . 4n' I I i 171 SAXONY RD L_ a A.P.N. ENCINITAS. CA i SHEET.• r n~ r 9 L'JL t I I ' I 5131'ESMl.dwy 4- -05 I.'Y.5_ p F 0 i MIGUEL' A. MARIINEZ P.L.S. 7443 DATE SAN DIEGUITO WATER DISTRICT NoText