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1988-108519JZeturn to : San Dieguito VVlater District /o 13-5-1 R • ",A 59 East "D`° Street ~ - - - a -7 Encinitas, ca 92024 DOCUMENTARY TRANSFER TAX u CALIFORNIA LIMITED PARTNERSHIP e undersigned . QUAIL GARDENS VIEWr.....A Th.................................................. a~`~ ~Ca as Grantor... . CITY OF ENCINITAS , County of ORNIA S , of ...T.....HE SAN DIEGO State of....C......-..ALIF for a in consideration of the sum of Ten Dollars ($10.00) lawful money of the United States, paid by San Dieguita District, an irrigation district organized and existing under and by virtue of the laws oft to 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: AS MORE PARTICULARLY SET FORTH IN EXHIBIT A, ATTACHED HERETO AND MADE A PART HEREOF. This is to certify that the interest in real proper t r conveyed by the doolsed or grant dated from !/••-.o San Dl.op: uito Water District, a governmental agency is hereby accepted and the granter consents to recordation thereof by its duly authorized officer. ~p ' ~a'ted by UOLA The route of said easement of right of way across the aforesaid lands shall be as follows: AS MORE PARTICULARLY SET FORTH IN EXHIBIT A, ATTACHED HERETO AND MADE A PART HEREOF. - 8 8 F;*OFFICIAL OF SAN 01E'C;1 L r-'R A J I Y, 9® FSE 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 crass 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 hand........ this...I ..........day of.... G-~..... .n. 19I 1.. ...?...4An1 Witness Witness Notaries: Use proper form on back. GENERAL FORM 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 .................................................................................................•----------........----..................-•----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 STATE OF County of ss. 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. 1F Notary Public in and for said County and State t e N D Z Iv M C 0 D Z O 0 1 O rn 2 O n v E ! ~ X n 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) (PARTNERSHIP) v 1 4 4 3 STATE OF CALIFORNIA COUNTY OF San ill E= SS. On FPhniarv 4 r 19RR before me, the under- signed, a Notary Public in and for said County and State, personally appeared BRUCE ST. GEAN personally known to me (o to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that partnership n executed the s e. WITNESS my han nd officia1.0l vk0a d Thge (Company FOR NOTARY SEAL OR STAMP / OFFICIAL SEAL a SANDRA JEAN SIERIL m : NOTARY PUBLIC-CALIFORNIA a SAN DIE&0 COUNTY I4Y COW. EXP. DEC._29,1985 % . SANDRA JEAN S)4vZ ERTL FORM C-10 ame (Typed or Printed) 1444 .6,. EXHIBIT A AN EASEMENT for water lines and appurtenances thereto, over, under, along and across those portions of the south half_ of the north half of the7south- west quarter of the northeast quarter and the north half of the south half of the southwest quarter of the northeast quarter of Section 10, Township 13 South, Range 4 West, San Bernardino Meridian, in the City of. Encinitas, County of San Diego, State of California according to official plat there- of described as follows: Beginning at the northeast corner of said south half of the north half of the southwest quarter of the northeast quarter; thence along the north line thereof N89°34'27"W, 672.24 feet to the intersection of said north line with the easterly line of Quail Gardens Drive, also known as Amersfort Drive as defined by Court Judgement, Superior Court of the State of California, County of San Diego, as F/P No. 75-294322, recorded October 23, 1975, Kook 1975 Official Records and the TRUE POINT OF BEGINNING; thence along the easterly line of said Quail gardens Drive S14°09'40"E, 144.45 feet; thence SO°55'20"W, 110.73 feet; thence 0605'40"E, 423.02 feet to the south line of said north half of the south half of the southwest quarter of the north- east quarter; thence leaving said east line.gnd along said south line N89°13'17"W, 20.96 feet to a point on a l..-i_ne'20.00 feet westerly and parallel with said e0t line; thence along said parallel line N16°35'40"W, 419.83 .feet; thence NO°55'20"E, 111.20 .feet; thence N14°09'40"W, 146.98 feet to a point on the north line of said south half of the north half of the southwest quarter of the northeast quarter; thence leav ing said parallel line S89"34' 27" E, 20.66 feet to the TRUE POINT OF BEGINNING. , 1445 RaG1ECrF,9 F,Ca %p 11 IRO V P//V w171-1 C'.9P Sr4mpEf1 f' , J~~~r~ J S. 3065,1)1STURaCo J 2Q 66 C'W9°33.149 W 13ZO.04' R.C ' ~ /BAS S P,~iEAR/Md _ N89 ° •3 4 Ron! 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