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2004-101825C 2004-010182=5 RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT FOR THE BENEFIT OF THE DISTRICT WHEN RECORDED MAIL TO: /a SAN DIEGUITO WATER DISTRICT f~/t$ 505 S. VULCAN AVENUE i~ ENCINITAS, CA 92024 l FEB 09, 2004 4--00 OFF ICI AL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE: GREGORY j. SMITH, COUNTY RECORDER FEES: 0. it, OC: NA yo GRANT OF EASEMENT FOR WATER LINE Pt-11i `v The undersigned, RANCHO-COASTAL HUMANE SOCIETY, A CALIFORNIA CORPORATION, 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-0f--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 Imes 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 7Ze/~iKFl/ day of ~ ~✓dA~-'/ 20 . Ah T/~ Ri~b.1Cd-k~ COAST~I..~}uNObJ~ ~vGt~/ 2801.doc(07-10-95) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of S.Q.YI l f$ On . Cd)aA" 21 , L/V I before me, barn WTy, 1 h + WN 1 ubI i L 116ate ~n Name and Title f Officer ( .g., "Jane Doe, Notary Pub') personally appeared ~j ) y Q1\ ro, Name(s) of Sionerfs) CIARA LAYNE Cmmission# 1349828 Z o Notary Public - Calftmia qp. Z San Diego County My Comm- Expires Apr 6, 2006 ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(sj-whose name(# is/are- subscribed to the within instrument and acknowledged to me that he/shefthep executed the same in his/herMietr authorized capacity(tes), and that by his#rer/the•ir signature(( on the instrument the person(sj or the entity upon behalf of which the person(} acted, executed the instrument. WI NESS my h n nd official seal. Signature of N tary Public 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 11M " ❑ 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 properly conveyed by the deed or grant dated if'L 1/0 VI , from Goo- 5 ~ A 5v C' 8 C.o r Qo.wAla~% to the SAN DIEGUITO WATER DISTRICT, a governmental agency is hereby accepted and SAN DIEGUITO WATER DISTRICT consents to recordation thereof by its duty authorized offer. Dated .2004 By ~ District Manager 2801.doc(07-10-95) EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED ON APRIL 19, 1881, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE ALONG THE NORTHERLY LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, NORTH 88056'21" WEST, 124.03 FEET (NORTH 89035'47" WEST, 124.03 FEET PER RECORD OF SURVEY NO. 17265, FILED ON JANUARY 31, 2002) TO A POINT OF INTERSECTION WITH SAID NORTHERLY LINE AND THE EASTERLY LINE OF THAT LAND DESCRIBED IN DEED TO STEPHEN D. TEMPLE, RECORDED ON AUGUST 2, 1956 IN BOOK 6203, PAGE 45 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE, SOUTH 01°18'22" WEST, 49.03 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF REQUEZA STREET AS DEPICTED ON MISCELLANEOUS SURVEY NO. 611; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 85°25'21" WEST, 7.26 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT- OF-WAY, SOUTH 79°42'30" WEST, 11.00 FEET TO A POINT ON THE WESTERLY LINE OF THAT EASEMENT GRANTED TO THE SAN DIEGUITO WATER DISTRICT ON OCTOBER 14, 1957 IN BOOK 6789, PAGE 520 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY, SOUTH 79042'30" WEST, 19.14 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT-OF- WAY, SOUTH 15°53'05" EAST, 63.44 FEET TO A POINT ON SAID WESTERLY LINE OF THAT SAN DIEGUITO WATER DISTRICT EASEMENT; THENCE ALONG SAID WESTERLY LINE, NORTH 01°18'22" EAST, 64.45 FEET TO THE TRUE POINT OF BEGINNING. v~~~Q N AC 1 ~o LS 5211 06/30y OF CM_ - EXHINT" 13" WATER EASEMENT' f EOLIEZA 57REE7 co N 611 I 3 ti I N Sig °Q2' 30,.W N 114' 0 30 cn 19_:.4 lit_2O' W 01 V WN cCOn m o er 3 ~ N N co o ` co N88°56'21"W 124.03' P.O.C. NE CORNER OF E1/2,1 NW 114, NE 114, SW 114 OF SECTION 15 EASTERLY LINE OF LAND DESCRIBED IN DEED TD STEPHEN D. TEMPLE, RECORDED ON AUGUST 2. 1956 IN BOOK 6203, PAGE 45 OF O.R. W In cu Z i 18' 2 EXISTING 18' PUBLIC ROAD & 20 UTILITY EASEMENT, RECORDED ON JUNE 5, 1968 AS FILE NO. 93059 OF OFFICIAL RECORDS. EXISTING 20' SAN DIEGUITO WATER DISTRICT EASEMENT, RECORDED ON OCTOBER 14, 1957 IN BOOK 6789, PAGE 520 OF OFFICIAL RECORDS. PE 1044F 71 INDICATES EASEMENT AREA