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2008-592012 (2)C DOIIIIIIII!IIIIIII 2008-0692012 IIIIIINIVIIIIIIIIIIIIIVIIIVIIIVIIIVIIIIIIIIII NOV 14, 2008 8:42 AM OFFICIAL RE CORE) S _,.4N E)IEG1-1 COI INTY REC:OR1)ER'S OFFICE GREGOR'YJ. LUTH, COUNTY RECORDER FEES: 0.00 0C: NA, RECORDING REQUESTED BY: ~VQ SAN DIEGUITO WATER DISTRICT FOR THE BENEFIT OF THE DISTRICT WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 505 S. VULCAN AVENUE ENCINITAS, CA 92024 APN: 266-053-26 PAGES: 6 GRANT OF EASEMENT FOR WATER LINE The undersigned, Patricia K. Applegate and Brion B. Applegate each as to an undivided 50% interest, as tenants in common, 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. I.a Nona Applegate Kmement.doc (11-18-07) And the Grantor hereby IPees for himself, his successors or as s, 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 day of , 200 1'. P ricia K. Applegate Brio B. Applegate ( Grantors Notarization Required) This is to certify that the interest in real property conveyed by the deed or grant dated from Patricia IC Applegate and Brion B. Applegate each as to an undivided 50% interest, as tenants in common to the SAN DIEGUITO WATER DISTRICT, a governmental agency is hereby accepted and SAN DIEGUITO WATER DISTRICT consents to recordation thereof by ' y authorized offer. Dated , 24 By r awrence A. Watt General Manager LaNoria Applegate Easement.doc (12-18-07) EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF LOT 9 IN BLOCK 24 OF RANCHO SANTA FE, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1742, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 1922, AS DESCRIBED IN DEED TO PATRICIA K. APPLEGATE AND BRION B. APPLEGATE, EACH AS TO AN UNDIVIDED 50% INTEREST, AS TENANTS IN COMMON, IN DOCUMENT NO. 2005- 1102026 RECORDED DECEMBER 23, 2005 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID APPLEGATE LAND; THENCE ALONG THE SOUTHWESTERLY LINE THEREOF SOUTH 64039'34" EAST (RECORD NORTH 64°43'17" WEST), 219.16 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL 7 AS GRANTED TO THE SAN DIEGUITO IRRIGATION DISTRICT, RECORDED APRIL 14, 1950 IN BOOK 3581, PAGE 282 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID SOUTHWESTERLY LINE OF SAID APPLEGATE LAND NORTH 64°39'34" WEST, 39.69 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 66°13'55" EAST, 61.91 FEET; THENCE NORTH 22°57'20" EAST, 17.59 FEET; THENCE NORTH 35°42'20" EAST, 86.17 FEET; THENCE NORTH 48°18'20" EAST, 41.40 FEET; THENCE NORTH 61°03'37" EAST, 120.15 FEET; THENCE SOUTH 72°26'29" EAST, 23.88 FEET; THENCE SOUTH 49°56'27" EAST, 65.18 FEET; THENCE SOUTH 71 °58'48" EAST, 10.05 FEET; THENCE NORTH 64°31'12" EAST, 18.14 FEET TO THE NORTHEASTERLY LINE OF SAID APPLEGATE LAND; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 48°14'29" EAST, 30.99 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 7; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 63°52'32" WEST, 14.65 FEET; THENCE SOUTH 65°28'01" WEST, 13.57 FEET; THENCE SOUTH 66°13'55" WEST, 8.46 FEET; THENCE NORTH 71°58'48" WEST, 29.63 FEET; THENCE NORTH 49°56'27" WEST, 65.07 FEET; THENCE NORTH 72°26'29" WEST, 8.16 FEET; THENCE SOUTH 61°03'37" WEST, 106.62 FEET; THENCE SOUTH 48°18'20" WEST, 35.85 FEET; THENCE SOUTH 35°42'20" WEST, 80.62 FEET; THENCE SOUTH 22°57'20" WEST, 32.01 FEET TO SAID SOUTHERLY LINE OF PARCEL 7; THENCE ALONG SAID LINE SOUTH 66°13'55" WEST, 40.54 FEET TO THE TRUE POINT OF BEGINNING. 1 .6-30-10 No. 74Q ~ OF0 U:\l data\surveys\49720 1 surv\letters & documents\LEGALS\497201 SDID WATER EXB A.doc .(D X7'50' L=139.45' POB D=7°50'31 " R=1020.00' L=139.60' EXHIBIT 9999 EASEMENT PLAT LA NORIA (N46'50'00"E 260.00'), N46'51 11 E 259.72 I POR. LOT 9 - BLK 24 MAP 1742 A.P.N. 266-053-26 ~j i9 PROPOSED WATER EASEMENT N6 ' 20" E L3 N6 3 61191, ' N3 86.1-7' 120 15 7'E TPOB ~0, 0') SCALE: 1" = 80' 0 80 16 • L15 ~ $0'2 20"W S61-03, 62' 53 37„w w 0 41 rn rn 0 C) rn~ r cn cn`. ~11~1 otg EXISTING EASEMENT GRANTED TO THE SAN DIEGUITO IRRIGATION DISTRICT REC'D. APRIL 14, 1950 IN BK 3581 PG. 287 OF O.R. o S46'56'24"W 268.66' (546'54'10"W 268.45') INDICATES EASEMENT AREA AREA = 11,370.70 SF ( ) INDICATES RECORD DATA PER DOC. NO. 2005-1102026 REC'D 12/23/2005 OF O.R. L14 N72'26'29"W 8.16' L15 S48°1 8'20"W 35.85' L16 S22°57'20"W 32.01' L17 S66'1 3'55"W 40.54' NP L N ~ SG L ~ 0 E p. 6--3 -10 ~j No. 7442 c I FO RN~P LINE TABLE LINE BEARING LENGTH L1 N64'39'34"W 39.69' L2 N22'57'20"E 17.59' L3 N48'1 8'20"E 41.40' L4 S72°26'29"E 23.88' L5 S49'56'27"E 65.18' L6 S71 '58'48"E 10.05' L7 N64'31'1 2"E 18.14' L8 S48'1 4'29"E 30.99' L9 S63°52'32"W 14.65' L10 S65'28'01 "W 13.57' L11 S66'1 3'55"W 8.46' L12 N71'58'48"W 29.63' L13 N49'56'27"W 65.07' J:\ldata\surveys\497201surv\dwg\497201_WATEI _-UL.clwg 1/15/L~UUU JUt4y2.UI 11 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) War& subscribed to the within instrument and acknowledged to me that hedshe4hey executed the same in hisfherftheir authorized capacity(ies), and that by his4her4o,~ signature{) on the instrument the person(s}, or the entity upon behalf of which the person(s} acted, executed the instrument. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 56VI M&,D On S~ ItAW rbefore me, N IVA Lq D j NQ!2" YLJ4 j 1() Date Here Insert a e and Title of the Officer personally appeared IiSM L G 00 Ccndrllsdon # 16M34 Notary P1+btk - CallAomrn Son Mateo County My Comm. ExplrwJon 11.21 Place Notary Seal Above 11 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS =of Signature blic 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: Signer(s) Other Than Named Above: 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: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here ©2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _i,~ A ,f,,ee -P C_ On before me, > (TT_ 0/0 7E~, PO 7 ~ le !Date I Here Insert Name and Title f the Officer r P L~ personally appeared 11 Name(s) of Signer(s) ha who proved to me on the basis of satisfactory evidence to BRITT MONIKAE-4 CorrurAnIon * Notay Yubltc - V -1w be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ hP they executed the same in his/her/their authorized capacity(ies), and that by his/or/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and co ct. WITNESS my hanti-aRd official seal. Place Notary Seal Above Signatu __`'Z _f ignature of Notary 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: G Plies (9 F- t_KEE t -ENT FO lP Gyf I _U-/P-- Document Date: Number of Pages: Signer(s) Other Than Named Above: L _ L o 11 ~ Pp L C Capacity(ies) Claimed by Signer(s) Signer's Name: I' ( r (,C- 1 H V, 3 I L-C=7GSQr7e~s'Name: X Individual ❑ Individual ❑ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Top of thumb here 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827