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1988-651008,Return to:,~ &n Dieguito Water District /J 0 - Z 7 v 59 E. "D" Street g 8- (o s t do B Encinitas, Ca 92024 ' ..r R01 The undersigned, QUAIL GARDENS, LTD., a California Limited Partnershi p as Grantor...., of County of.... 8an.. Di.e.go......... State of.... ali funla......... for and in consideration of the sum of Ten Dollars ($10.00) lawful money of the United States, paid by San Dieguito• Water lftiga4ten District, an irrigation district organized and existing under and by virtue of the laws of t g tate of California, as Grantee, receipt whereof is hereby acknowledged, does hereby grant unto said San Dieguita 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, in- specting and repairing a pipe line or pipes lines, and all fixtures and appurtenances incidental thereto for use in con- nection 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 detriment- al 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 Diega, State of California, and particularly described as follows, to wit: BEING PORTIONS OF THE WEST HALF QUARTER OF SECTION 15, TOWNSHIP MERIDIAN C f ;,17 V v i9 1:02 OF THE NORTHWEST QUARTER OF THE NORTHEAST 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO ' This is to certify that the interest in real prcjpgi~ conveyed by the deed or grant dated from Cif 1' X-&4' , t : . to San nioguito Water District, n, ~tovernmentai agency is hero. by and the r~,,;;,.;,- accepted g 3 consents to recordation thereof by its duly authorized officer. I~ 11 1 _ . V T)ated 11/16/88 byWa~n,".~ C,, Warren H. S a " The route of said easement of right of way across the aforesaid lands shall be as follows: PARCEL "I" i BEING A RTIP S OF LAND 10.0 FEET 4JIDE, LOCATION DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF ORIGIN AT THE INTERSECTION OF PARCEL "A", A RECORDED EASEMENT TO THE SAN DIEGUITO WATER DISTRICT, AND THE NORTHWEST EDGE OF PARCEL "H", A RECORDED EASEMENT TO THE SAN DIEGUITO WATER DISTRICT, AND PROCEEDING TO THE SOUTHWEST EDGE OF PARCEL "H", THENCE WESTERLY 10.00 FEET ALONG THE PROPERTY LINE TO A POINT WHERE THE EASEMENT LINE RETURNS NORTH BEING PARALLEL TO THE WESTERLY EASEMENT LINE OF PARCEL "H" UNTIL INTERSECTING WITH PARCEL "A", THENCE 10.00 FEET EASTERLY ALONG PARCEL "A" UNTIL TERMINATING AT THE POINT OF ORIGIN OF PARCEL "A" AND THE NORTHWEST EDGE OF PARCEL "H". 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 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 succes- sors 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 installa- tion 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 ......~uY............ hand..S...this .Qth......... day of......... Octo................................................... 1988... QU ARD S,- LTD. , q orm a ite Partnners Witness •---•---•--../l/..:. Witness mUt Ki fma n, eral Partner Notaries: Use proper form on back: By George oodman, General Partner .1 It ' GENEIRAL FORM STATE OF ss. County of 0437 ON THIS ................day of............................ A. D., 19........, before me , a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared ................................................................................................................................................Personally known to me to be the person.... whose name ....................subscribed to the within Instrument, and duly acknowledged to me that he.... executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State CORPORATION FORM r w r t d STATE OF ss. County of ON THIS ................day of............................ A. D., 19.......-, before me,.-----------.... a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared known to me to be the.................... President and ......-----...------...known to me to be the Secretary of the the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State N D Z v m 0 C O y v N n 3 O M D Z O T In O n ID WITNESS FORM STATE OF CALIFORNIA ss. County of San Diego ON THIS ....................day of................................ A.D., 19--., before me a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared known to, me to be the person----whose name ......................subscribed to the within Instrument, as a subscribing Witness thereto, who being by me duly sworn, depose.... and say....: That he..... reside in the said County of San Diego, State of California, and that...... he ................present and saw.............................. ............................................................................•-............................................personally known to h............ to be the same person described in and whose name ................subscribed to the within and annexed Instrument, sign, execute and deliver the same, and he............ acknowledged to said affiant that he........ executed the same; and that said affiant subscribed h............ name thereto as a Witness IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this. certificate first above written. Notary Public in and for said County and State (NOTARIES: Please use the General Form for individual signers, the Witness Form only for witnesses) CAT. NO. NNO0630 w td c W X W J IL m (P 1946 CA (7-82) ~TfR.E INSURANCE (Partnership) M ANDTRUST STATE OF CALIFORNIA Anon COMPANY COUNTY OF SAN DIEGO SS. On October 20, 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared I'ielmut Kiffmann and George Goodman , personally known to me or proved to me on the basis of satisfactory evidence to be the person S who executed the within instrument as two of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. , Signature &&a-2 eEP` : OFFICIAL SEAL ,:m tiF HELEN T. 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