1990-496571Z- -A
99/ , o~ 417, -a.
STATE OF CALIFORNIA )
~ ) "SS. 1221
.COUNTY OF SAN DIEGO )
i ON August 277, 1990 BEFORE ME, THE UNDERSIGNED, A NOTARY
F PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED John-S. Murk
! KNO14N TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE person OF John S. Murk Engineering AND KNOWN TO
ME TO BE'THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF
SAID PUBLIC CORPORATION, AGENCY OR POLITICAL SUBDIVISION, AND
ACKNOWLEDGED TO 14E THAT SUCH PUBLIC CORPORATION, AGENCY, OR POLITICAL
SUBDIVISION EXECUTED THE SAME.
WITNESS MY HA AND OFFICIA ZS- OFFICIAL SEAL
BONN'[E L. SAVI,LL
r h m NOTARY PUBLIC - CALIFORNIA
SIGNATURE L c SAN DI! GQ ^~1!!NTY
f
My comm. expires APR 25, 19S4
` Bonnie L. Savill
'"'G REQUESTED, BY
i Return t anD~~~iea to Water District
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5'9 East-0- St.
Encinitas Ca 92024 12 2
. JOINT POWERS AUTHORITY
b WThe undersigned, SAN ELIJO.
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DOCUMENTIAri'Y7 ANSr~;Rx'$.
.
. al if orni a
as Grantor...., of County of San Diego State of C .
for and in consideration of the sum of Ten Dollars ($10.00) lawful money of the United States, paid by San Dieguito
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 Dieguito 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 pril,o't %
conveyed by the deed o rant dated _g_
Aram
o San. Dieguito Water
"'w°trict, w. or mental agency is hereby accepted
`':nd the gr=-se consents to recordation thereof by
its duly authorized officer.
°"~ated 2~-gc7 b
Warren H. Shafer,
Secretary
The route of said easement of right of way across the aforesaid lands shall be'-as follows:
QD 49.fi578
See Exhibit "B" Attached
In -I
Vis-
O FEE
It is expressly agreed that the Grantor shall have the right, at his own risk, to use the surface of the right of way
.d, 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
anNreplacement of a pipe line or pipe lines, or to any other purposes and uses as are or may be necessary or incidental
to tie 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
,.a,use 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.
I--
9 07
Witness hand this /.........day
Witness
Witness
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Notaries: Use proper form on back.
GENERAL FORM.
STATE OF I ss.
County of
e
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
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Notary Public in and for said County and State
1, _j
CORPORATION FORM
STATE OF
ss.
County of
ON THIS ................day of............................ A. D., 19 before me.-------
a Notary Public in and far 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
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
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WITNESS FORM
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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.
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Notary Public in and,for, said. County, and-,State,
(NOTARIES: Please use the General Form for individual signers, the Witness Form only'for ik fnesses)
13 n c K c~
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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 THE EAST HALF OF SECTION 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 0006101" 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 79052'0611 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 33010'44" 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 09035103" 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 COUNTYT THENCE ALONG THE SOUTHERLY LINE OF SAID SHELLEY
LAND SOUTH 88.51'20" 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 2041105" WEST TO
SAID POINT; THENCE ALONG THE NORTHERLY LINE OF SAID LAND EASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7008'02", 85.91 FEET;
THENCE TANGENT TO SAID CURVE, NORTH 85033'03" 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 0059'10"1 13.94 FEET TO THE EAST
LINE OF SAID SECTION 27; THENCE ALONG SAID EAST LINE, NORTH 0004143"
EAST 329.92 FEET TO THE POINT OF BEGINNING.
PAGE 1
12?3
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
Ati~achment B z
WATER RELOCATION EASEMENT
(SAN ELIJO FACILITY SITE)
Parcel A
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°05,081' West, 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.'37" 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°48116" West
(Record: North 32°24' West), 415.46 feet, to the TRUE POINT OF
BEGINNING; thence leaving said centerline, North 13°40'36" East,
142.70 feet; thence North 31°19'241' West, 136.75 feet; thence North
76°19124" West, 111.67 feet to Point "A" of this description;
thence continuing along said line, North .76°19'24" West, 35.09
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 All as described above; thence Scut-h 13°40136"
West, 20.00 feet; thence South 58"401361' West, 38.00 feet.
Excepting that portion lying within the above described Parcel A.
A:L0706SB.LD
112
Attachment B
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WATER RELOCATION EASEMENT
(SAN ELIJO FACILITY SITE)
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RESOLUTION NO. 90-23
RESOLUTION OF THE BOARD OF DIRECTORS OF
SAN DIEGUITO WATER DISTRICT ACCEPTING GRANT
OF EASEMENT TO SAN ELIJO JOINT POWERS AUTHORITY
WHEREAS, a grant of easement to the District from San
Elijo Joint Powers Authority has been presented to the Board, a
copy of which is attached as Exhibit "A"; and
WHEREAS, it is in the interest of the District to accept
said easement;
NOW THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND
ORDERED by the Board of Directors of San Dieguito Water
District as follows:
1. That said grant be and it is accepted.
2. That the Secretary of the District be and he is
authorized an directed to record the grant on behalf of the
District.
PASSED AND ADOPTED at an adjourned meeting of the Board of
Directors of San Dieguito Water District held on the 28th day
of August, 1990, by the following vote, to wit:
AYES: Directors Omsted, Shea, Gaines & Hano
NOES: None
ABSENT: Director Slater
-4~~~- - 0 cv~u -
Anne Omsted, President
ATTEST:
II
Warren H. Shafer, ecretary
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