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1991-146071NI~I~ /~.nrNoi•/ Meye~4 7 5,6c~o ~gzz !~/c- CoRMick ~ 1 - -cam - - _ - - ° - ---d!----aB By 1 9 C) l V Re urn to: San Dieguit Water District 59 East "DiVreet o2-rp Q S 5 Encinitas, Ca 92024 b The undersigned, .....San...Elij.o--. Joint...Powers_ Authority as Grantor...., of County of..San Diego California State of for and in consideration of the sum of Ten Dollars ($10.00) lawful money of the United States, paid by San Dieguita Irrigation 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 Dieguita Irrigation 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 Diego, State of California, and particularly described as follows, to wit: See Exhibit "A" Attached This is to certify that the interest in real propertm conveyed by the deed or grant dated ..-ro.m. oSo rsG~cJ' - to San rl°gluito Water- District, ;ove:rn:rental agencj, is hareby accept-,d and the c nsOnts to recordation thereof by ins cu~y autb.or.i ed v officer. by aW rrerl . S f er , Secretary The route of said easement of right of way across the aforesaid lands shall be as follows: See Exhibit "B" Attached DOS 1991-0146071 02-APR-1991 09:27 AN SAN DIEuO COUNTY RECORDERS OFFICE ANNETTE EVANS, COUNTY RECORDER FEES- 0.00 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.......... 6........ -.....day Witness Witness 19.,( . of... 11. %.Lhf X rZ) Notaries: Use proper form on back. 1, GENERAL FORM AMR 6 50 . In STATE OF ........rT~t~02N/1"[ ......................1 d • County of .-..-5 6r~. ON THIS l1..h...day of.-M R.C.ff..... A. D., 19.9. , before me,---- R,i .11i-...... 2~R•.E~✓ a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared ovy.A 5.,.......M_ R,V" ~ .........................•---.................personally known to me to be the person---- whose name...... tt:........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 ..in thi s ti icate first a e written. OFF!i Ml KAY Y Y AIRICt/, DREW LCmMY the da and ear .............................Ol./--••----....... URY P+18i!C CA1foHNU PMNCPAL 044 !N Notary Public in and for said County and State SAN pEGo COur~n m soa a EM6rE! 'U8y 29. '993 AaeAq CORPORATION 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 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 d N D z a M 10 C -1 O D O z g X 0 11 WITNESS FORM STATE OF CALIFORNIA O O X D z O T O D } ss. County of San Diego J ON THIS day of............................. A.D., 19 before me a Notary Public in and for the said County and Slate, 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.............................. i 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) 9 7 2187 ATTACHMENT A ORDER NO. 1001921-20 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF T HE EAST HALF OF SE CTION 27 AND THE NORTHWEST QUARTER OF SECTION 26 IN TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 19, 1881, DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND CONCRETE MONUMENT ACCEPTED AS THE WEST QUARTER CORNER OF SAID SECTION 26; THENCE NORTH 0°06101" WEST, ALONG THE WEST LINE OF SAID SECTION 26, 100.01 FEET, TO-THE NORTH LINE OF THE SOUTH 100 FEET OF SAID NORTHWEST QUARTER; THENCE NORTH 79°52106" EAST 639.26 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN PARCEL 5 OF THAT CERTAIN FINAL ORDER OF CONDEMNATION, FILED FOR RECORD ON SEPTEMBER 14, 1962 AS FILE NO. 159336 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE AS FOLLOWS: NORTH 33010144" WEST, 626.28 FEET; NORTH 32021102" WEST, 475.72 FEET; AND NORTH 16010136" WEST 645.50 FEET TO A POINT BEING A COORDINATES Y=311,809.99 FEET AND X-1, 686.529.47 FEET ALSO BEING A POINT IN THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO HECTOR A. SHELLEY, AND DANIEL T. SHELLEY, RECORDED JULY 20, 1961 AS FILE NO. 124478 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE, NORTH 89008103" WEST (RECORD WEST) 540.57 FEET TO THE NORTHWESTERLY CORNER OF SAID LAND; THENCE ALONG THE WESTERLY LINE THEREOF, SOUTH 09°35103" EAST (RECORD SOUTH 9038' EAST), 1783.73 FEET TO' THE SOUTHEASTERLY CORNER OF CARDIFF, MAP NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF.SAN DIEGO COUNTY; THENCE ALONG THE SOUTHERLY LINE OF SAID SHELLEY LAND SOUTH 88051120" EAST (RECORD NORTH 89°27' EAST) 141.31 FEET; THENCE SOUTH 26016115" EAST, 223.26 FEET; THENCE SOUTH 0004'43" WEST, 139.35 FEET TO A POINT ON A 690.00 FOOT RADIUS CURVE CONCAVE NORTHERLY IN THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO CARDIFF SANITATION DISTRICT RECORDED OCTOBER 18, 1956 IN BOOR 6305, PAGE 93 OF OFFICIAL RECORDS, A RADIAL BEARS SOUTH 2041'05" WEST TO SAID POINT; THENCE ALONG THE NORTHERLY LINE OF SAID LAND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7008102", 85.91 FEET; THENCE TANGENT TO SAID CURVE, NORTH 85°33'03" EAST 50.40 FEET TO THE BEGINNING OF A 810.00 FOOT RADIUS TANGENT CURVE CONCAVE NORTHERLY, A RADIAL OF WHICH BEARS SOUTH 4026157" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°59110", 13.94 FEET TO THE EAST LINE OF. SAID SECTION 27; THENCE ALONG SAID EAST-LINE, NORTH 0°04143" EAST 329.92 FEET TO THE POINT OF BEGINNING. PAGE 1 21 88 ORDER NO. 1001921-20 THE BEARINGS, DISTANCES AND COORDINATES USED IN ABOVE DESCRIPTION ARE ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6. MULTIPLY DISTANCES SHOWN BY 1.0000370 TO OBTAIN GROUND LEVEL DISTANCE. PAGE 2 Parcel A ATTACHMENT B 8,9 WATER RELOCATION EASEMENT (SAN ELIJO FACILITY SITE) A 25.00 foot easement, over, under, along and across those portions of the east half of Section 27 and the west half of Section 26, both being in Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, the centerline being more particularly described as follows: Beginning at the west quarter corner of said Section 26; thence North 0°04'43" East, along the west line of said Section 26, 100.01 feet to a point on the north line of the south 100 feet of the northwest quarter of said Section 26; thence North 79°52°06" East, 392.52 feet, to an intersection with the centerline of easement to San Dieguito Irrigation District, by document recorded: March 17, 1950 as No. 30873, in Book 3543, Page 373 of Official Records; thence northwesterly along said centerline, North 31°48'16" West (Record: North 32`24' West), 415:46 feet, to the TRUE POINT. OF BEGINNING; thence leaving said centerline, North 13°39'40" East, 115.93 feet; thence North 26°20'20" West, 206.07 feet to point "A" of this description; thence continuing along said line North 26°20'20" West, 278.43 feet; thence North 86°20'20" West, 159.03 feet, to an intersection with the above described centerline. Parcel B A 10.00 foot easement, over, under, along and across those portions of the east half of Section 27 and the west half of Section 26, both being in Township 13 South, Range 4 West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, the centerline being more particularly described as follows: Beginning at "Point A" as described above; thence South 63°39'40" West, 128.00 feet. Excepting that portion lying within the above described Parcel A. A:L1016SB.KB3 WATER RELOCATION EASEMENT ( SAN ELIJO FACILITY SITE ) SC;ALE~ / ~~=/00' yJ Paltj-r rr ti 3s. 3Qo°~ to. 01 ZO 0°I3~ .00 7- SECT/ON 26 SECTION Z7 Cole 12 0 110 oar PS~~I ~iG~P~'~ ~0.~ yl ! ~I~T : N3, of o pF O p~ ~0 '~~3 ~ ~SPO~~O~p ~r ira f X32 Z D: c?, 3 1 S- P00 T ~ r t « T/3_%S R4W T/3~> R4W (1b ~ Y r ~ ! SEA /G'ti L-X4' IAJ I nc. land planning, civil engineeri,;g, surveying )619) '!9843861 ;619) 9411881 1615 Murre; Canyon Road 1" i Escondido Avenue Suite 910 Suite 209 San Diego, California 92108 Vista. California 92084 '37/-<0C /0 AG 9a AR?>r