2003-695125 (2)ThKIGINAL OF THIS DOCUMENT
We RECORDED ON JUN 12, 2003
DOCUMENT NUMBER 2003-0695125
RECORDING REQUESTED BY: GREGORY J. SMITH, COUNTY RECORDER
SAN DIEGO COUNTY RECORDER'S OFFICE
SAN DIEGUITO WATER DISTRICT TIME: 11:29 AM
FOR THE BENEFIT OF THE DISTRIC
WHEN RECORDED MAIL TO:
"25S - l l 1 - y
SAN DIEGUITO WATER DISTRICT
P.O. BOX 231010
ENCINITAS, CA 92023-1010
GRANT OF EASEMENT FOR WATER LINE
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 acknowledg;ed, does hereby grant unto said San Dieguito Water District, its successors and assigns, an
exclusive and permanent easement of right of way iri, 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 hand this -day ~of ~(LI t 2003.
z
Witness C T 2'G 1 L . V4 /;SH
Witness
2801.doc (07-10-95)
0 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
r~~~~ 11 ,
On° I before me, C(I !`~~L errL~`/.
Date ii Name and Title of Officer (e.g., " ane Doe, 'Notary Public")
personally appeared U) ) 5L7 ,
Name(s) of Signer(s)
LORI D. DRAPER
Commission # 1384774 Z
Notary Public - California ;
Orange County
'My Comm. Expires Nov 17, 2006
;9Lpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(b<whose nameK is/arp-
subscribed to the within instrument and
acknowledged to me that he/slge/the,~& executed
the same in his/4494thoix authorized
capacity(ieQ, and that by hisibef/tkeif
signature(s),on the instrument the person(NL or
the entity upon behalf of which the personasl,
acted, executed the instrument.
ITNE;ZS my h d c(a eal.
Signature of Nota ublic
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
0 0
This is to certify that the interest in real property conveyed by the deed or grant dated (o c> 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 200d3 By W c>y-'
~dDistrict Manager
2801.doc(07-10-95)
EXHIBI T 'B I
BASIS OF BEARINGS:
THE BASIS OF BEARINGS IS THE WES7FRL Y
PROPERTY LINE, I.E. NO040'35 E
LEGEND:
- - ~ PROPERTY LINE
EASEMENT LINE
0
v
n
U
THIS PLAT VIA
OR UNDER M7
rxISTINC FI rCTRICAL / i WATER EASEMENT DEDICATED HEREON
r A C1117 Y
AREA= 280 SF (0.006 AC)
APN 258-111-02
N8950'33"E 317.78' -M-
I~ fT-'Ti~~ d
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ry-j ~ II II I f~
~1 r O I
j PARCr I I
m ° A>RCrL MAP 879 _ o 0
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m
~ PRO DOSED BUILDr
I I
ZI a
I I I L I 1-7 1 T
PREPARED BY ME
DIREC710N
DATE 3-6-02
SCALE' 1" = 40'
A.P.N.
MAP 19225
rXJST!Nr Vr7rRIN.,4R!AN
WA rER EASEMENT PLAT
171 SAXONY RD
ENCINITAS, CA
ESMT. PER MAP 8787
SHEET:
PAR
1 OF 1
1
MIGUE A. MARRNEZ P.L.S. 7443 'DA TE
SAN DIEGUITO WATER DISTRICT
c I
0 0
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°4444" 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
Dill' LANpd'
ACT. ti M
MIGU L A. MARTINEZ P.L.S. 7443
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a L.S. 7443 c)
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