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1998-84236011 828 D ® 1998-0842360 Dec 23 ~ 1998 11 z 0 Atl RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT FOR THE BENEFIT OF THE DISTR WHEN RECORDED MAIL TO: OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER 4.GCi FEES: OC: NA (p SAN DIEGUITO WATER DISTRICT I i E P.O. BOX 92023-1010 I 1998-0842360 GRANT OF EASEMENT FOR WATER LINE CoN The undersigned, Randy P. Marino, a married man as his sole and separate property, as to an undivided 55% interest, and Randy P. Marino, Trustee of the Mae C. Block Revocable Trust, as to an undivided 45% interest, as tenants in common, as to Parcels 1 and 2; and M. Alberta Kruger as Trustee under Declaration of Trust dated September 24, 1986 as to Parcel 3 herein, 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 "All & 111311 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 wmCk-cp hand this Witness Witness r- la o. day of '19 t 2801.doc(07-10-95) 829 CALIFORNIA ALL-PURPOSIPACKNOWLEDGM ENT State of I A r- County of Z0 On before me, ~ 4A-P_y(D 1 Kury+-e,-r PUt3uG Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared A ~-k ~,*LtKSto Name(s) of Signer(s) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s), whose name(s) is/are subscribe to the within instrument and ackn wI dged to me th h /she/they executed the AMY E. VARGO ge i i her/their authorize capacity(ies), and that by Comm. # 1161153 er t~ietr signature(s) on the instrument the NOTARY PUBLIC -CALIFORNIA / person(s), , Sen.Diego County or the entity upon behalf of which the person(s) acted, My Comm. Expires Nov. 18,2001 executed the instrument. WITNESS my hand and seal. Signature of Notary 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: 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 Signer's Name: Number of Pages: Individual Corporate Officer Title(s): Partner - ❑ Limited ❑ General Attorney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing Top of thumb here ® 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ® 830 E This is to certify that the interest in real property conveyed by the deed or grant dated IZ - 1 le - 9 $ , from Randy P. Marino, a married man as his sole and separate property, as to an undivided 55% interest, and Randy P. Marino, Trustee of the Mae C. Block Revocable Trust, as to an undivided 45% interest, as tenants in common, as to Parcels 1 and 2; and M. Alberta Kruger as Trustee under Declaration of Trust dated September 24, 1986 as to Parcel 3 herein 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 19. Lauren M. Wasserman, District Manager 2801.doc(07-10-95) 831 ~ EXHIBIT "A" LEGAL DESCRIPTION Portion of APN 256.412.15 (Marino) To Be Granted as a Public Water System Easement to San Dieguito Water District That Portion of Lot Seven in Block "X" of Seaside Gardens Annex, in the City of Encinitas, County of San Diego, State of California, according to Map thereof No. 1801, filed in the Office of the County Recorder of San Diego County, August 6, 1924, described as follows: Commencing at the NorthWest corner of said Lot 7; thence South 88°48'42" East (Record North 89°30'30" West) along the Northerly line of said Lot 7, 8.16 feet to the True Point of Beginning of the herein described Easement; thence continuing South 88°48'42" East along said Northerly line 489.20 feet; thence leaving said Northerly line South 1 ° 11'18" West 12.00 feet; thence North 88°48'42" West 12.00 feet to the beginning of a tangent 28.00 foot radius curve, concave SouthEasterly; thence Westerly and Southerly along the arc of said curve 43.98 feet through a central angle of 90000'00"; thence tangent to said curve South 1 ° 1118" West 8.00 feet; thence North 88048'42" West 24.00 feet; thence North 1 011' 18" East 8.00 feet to the beginning of a tangent 28.00 foot radius curve, concave SouthWesterly; thence Northerly and Westerly along the arc of said curve 43.98 feet through a central angle of 90°00'00"; thence tangent to said curve North 88048'42" West 23.31 feet; thence South 1 °11'18" West 2.00 feet; thence North 88048'42" West 4.00 feet; thence North 1 °11'18" East 2.00 feet; thence North 88°48'42" West 23.00 feet; thence South 1 °11'18" West 5.00 feet; thence North 88°48'42" West 10.00 feet; thence North 1 °11'18" East 5.00 feet; thence North 88°48'42" West 63.00 feet; thence South 1 °11'18" West 2.00 feet; thence North 88°4842" West 4.00 feet; thence North 1 °11'18" East 2.00 feet; thence North 88°48'42" West 111.00 feet; thence South 1 °11'18" West 2.00 feet; thence North 88°48'42" West 4.00 feet; thence North 1 °11'18" East 2.00 feet; thence North 88°4842" West 109.00 feet; thence South 1 °11'18" West 2.00 feet; thence North 88°48'42" West 4.00 feet; thence North 1 ° 1118" East 2.00 feet; thence North 88°48'42" West 44.42 feet to a point on the arc of a 588.00 foot radius curve, concave Westerly to which a radial line bears South 76018'29" East; thence Northerly along the arc of said curve 12.26 feet through a central angle of 1 °11'43" to a point on the arc of said curve to which a radial line bears South 77°30'12" East, said point being also the True Point of Beginning. 0000%jJ11403sigj"Ira, IV It a Ti i AN "Ile -4. DONALD 26175 w CiVIL. M J' a r' ofe~sional - -0- Pr r. EXHIBIT "B" EASEMENT FOR PUBLIC WATER SYSTEM TO SAN DIEGUITO WATER DISTRICT 5GALE: I" _ W 6 A 50 75 160 -90 4 n~R~e ~R~_l 3 I NJ a p N~~ J8D J Block -X c) t J Exis" Private Road aid Public Utilfties Easement Douanent No. IQg8-0148148 Recorded 3/19/98 Private Roads to be Maintoned Delta = 1°12'25" :AINIP Proposed Easement for Public hater System in accordance with Private Road R 580.00' L = 12.22' be Granted b others to San D"ito Water District Maintenance Agreement recorded 3A9/98 as Doc. No. lggb-0148148 x 88°48'42" W 495.06 N --1 4 A .~.,~f N 88°48'42" W Delta = 1°11'43" IL R 588.00' L= 12 2WAL r eJ 2~ P/L P ar c p 1 ~ P tinq Exis Private Road and Utilities Easement r 1 J Portion of Lot 7 Dedicated for Public DocimpA No. 1998-0148141 Recorded 319 Roadway Purposes on Parcel Hap Proposed t?' Wide Public Sewer Easement to be Dedicated on Parcel Map for TPM9'1-160 AND Proposed Easement for Public Water 59stem to be 6rcnted Hereon to San Dieguito Water District P JVJ 9,7 - 16 0 Lot 7 Delta = 80° R = 25.00e/ / L = 45AV N1°II'IST 8.00' Parcel ' -1188°48'42"W 1. DDel 28.x'°00'00" L = 43.88' 8.00' parcel -5 ;aya:escs33iPry9 rh t : yet, ALA % z _ Pr c essi~~ l P, . - 91 ~ /~1 ~C~ 9~ b' ~ \ i r. r . 9' _N