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1929-14028 COINEYAME OF EASEMENT FOR F.IGHrl' OF V,'iiY t THIS I11LEITTURE F:ITNESSETH: That South Coast. band Company, a corporation , of the County of Los Angeles , California, for and in consideration of One Dollar ( 4',1,00 ) and other valuable consideration, the receipt of which is hereby acknowledged, does by these presents convey unto SjiIT DIEGUI'TO IRRIGz`i'IOTT DISTRICT' of said County, its successors and assigns forever , an easement for a r±ght of way over and upon the lands hereinafter described , for the construction, use and maintenance u.Liderg ound thereon of a water pipe line or conduit of sufficient capacity for the uses and purposes of said Irrigation District, together with the right of ingress and egress over the ad- jacent lands of the grantor herein to the various points on said right of way where it is or may hereafter be necessary for the work of con- struction, maintenance and repair of said pipe line or conduit, the said right of ingress and egress shall ,�t all times be exercised vii th theleast possible detrimentand inconvenience to the lands subjected to such use, and any damage to growi n(r crops caused thereby shall be adequately compensated for by said District ,. Said pipe line or conduit shall , wherever practicable, be placed entirely underground 13o that the top thereof is at least 22" belov, the surface of the ground and shall be fully and entirely cov- ered WT the -riatura.l soil , so th ,t c u^.h y,)ilj(: line or conduit i-ill. not interfere with the cultivation of the lend through which it extends , Provided, hov,evcr, that such pipe line or conduit may be left exposed at places where it is necessary that the same be carried over arroyas , ditches and unusual depressions in siad right of way, ir. all places where such pipe line or. conduit is necessarily left exposed under any o.: the conditions last above mentioned , said Irrigation District may use such supports as are necessary to maintain the same in a proper and suitable position. All excess soil after backfilling is done shall be disposed of by said San Dieguito Irrigation District, and at their expense in �r such manner as may be suitable to grantor, i State of Qalotor a COUNTY OF. ss Ly of --- ------- -------------A. D., 19. '3, before me, --�• -------a Notary Public in and for the said County and State, resides* 9 therei , duly commissioned and sworn, personally appeared -------/A%A��--------6----- - -------------- known to me to be the __________.President and______ _ ___________________ know to me to be the ----- Secretary of the _111----- ------ ---------------------------- .the Corporation that executed the within instrument, known to me to be the per- sons who executed the within Instrument, on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. 7n Witness Wber¢of, I have hereunto set my hand and affixed my official seal the day and year in t ' certificate fir above wrrLiitte� My Commission Expires 31ay 25, 1927, �� - �v� � --------------- ---------- ----------------- ------- --------------- ------------- Notary Public in and for said County and State of California 'ACKNOWLEDGMENT—Corp.—Pres't and Sx'y—Wolcott's Notary Blank aa;. The premises affected by this conveyance are more particularly described as follows: "A strip of land 25 feet in width lying 12 .5 feet on either side of the follovng described line. " Beginning at a point on the southerly line of the Northeast quarterof the Southeast quarter of Section Four (4) Township Thirteen (13) South; Range Four (4) West; S . B. B. M< ; and distant thereon North 89 0419 West 121,0 feet from the southeast corner of said North.- , east quarter of the Southeast quarter of Section Four (4) ; thence North 19 1499 tiniest a distance of 298.32 feet to a point;. thence on a curve concave to the Northeast; tangent to last mentioned course and having a radius of 1000.0 feet a distance of 93.08 feet; measured along the are of said curve to a point; thence North 14029t West along a line tangent to last mentioned curve a distance of 1230089 feet to a point; thence on a curve concave to the East; tangent to last mentioned course and having a radius of 50000 feet a distance of 135,26 feet measured along the are of said curve to a point; thence v North 1 0019 East along a line tangent to last mentioned curve a dis- tance of 103.53 feet to a point; thence along a curve concave to the west; tangent to last mentioned course and having a radius of 350.0 •et a distance of 170002 feet measured along the are of said curve 4. point; thence North 26°499 West along a line tangent to last _ :.ioned curve a distance of 245071 feet to a paint; thence along a '.rve concave to the East; tangent to last mentioned course and having a radius of 350.0 feet a distance of 197 .51 feet measured along; the c of said curve to a point; -thence North 5 0.319 East along a line .:agent to last mentioned curve a distance of 300.25 feet to a point in the north line of the Southeast quarter of the Northeast quarter of said Section Four(4) 9 Township Thirteen (13) South; Range Four (4) t., S. B. B. M. ; and distant thereon North 87 1109 West 594,80 feet from the Northeast corner of said Southeast quarter of the Northeast quarter of, Section Four (4) a WITNESS OUR HANDS AND SEALS THIS _�aay of 19230 SAN IEGUITO IRRI 'AT ON D c' RIC 0 BF IT R71SOIVED, by the Board of Directors of the San Dieguito Irrigation District , that the easement dated July 7 , 1923 , executed by the South Coast hand Company, conveying Right-of-Way over the land described therein , to said District , be and the same is hereby accepted, and that the same be filed for record in the office of the County Recorder. Above motion introduced by Director Coutts , seconded by Director Van Amersfoort , voted upon and unanimously carried. S.TCRFTARIAL CERTIFICATE I, Stephen Jones , Secretary of the Board of Directors of the San Dieguito Irrigation District, hereby certify that the foregoing is a full, true and complete copy of the Resolution of said Board of Directors passed and adopted on the 5th day of March, 19290 Sea etary . , 14028 LF N . Am 7C 6 va "*��) D AT ./K..EQZTBST Off' ' ...I..'✓' V IJ:LV _ MAIR 1 929 of-•------------ D �� s C07-ds ofSamDi_edo Cor tr�C'a v oh, , Count border x C Ile • • �D'1 �� ono a a ' N70 .k�.fll 11 .'.;:..It� own .�........... Q p�1 Ists�cs �SO-.t�j(�� 11"��ll { b V �:.'� Jmm. i .�: ! �� "i" . u{.Gall s .u- ��. .u.un. -un� �l1111 . .,... _ ...,� --1-- ,. •w . — �'�Ilit'plSiuq:n111il�i ��: 111: •,� LL. ; ►i ,rn��r1 'f+ o Recording requested by ) San Dieguito Water District ) When recorded, mail to: ) San Dieguito Water District ) 505 S. Vulcan Avenue ) Encinitas. CA 92024 ) For the benefit of the District Assessor's Parcel No. 254-400-29 and 254-400-30 RESOLUTION NO. 2005-10 A RESOLUTION OF THE BOARD OF DIRECTORS OF SAN DIEGUITO WATER DISTRICT APPROVING A SUMMARY VACATION OF WATER EASEMENT WHEREAS, a request for vacation of a water easement has been submitted by Urania, LLC over property located at 711 Sparta Drive and 723 Sparta Drive (APN 254-400-29 and 254- 400-30); and WHEREAS, said water easement was dedicated to the San Dieguito Water District on March 11, 1929 in Book 1581, Page 258 of Deeds; and WHEREAS, the vacation proceedings were conducted under Chapter 4, Part 3, of the State of California Streets and Highways Code; and WHEREAS, the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of San Dieguito Water District approves a summary vacation of the aforementioned water easement lying within the property described in Exhibit "A" enclosed, in accordance with the following: 1. The project as proposed is exempt from environmental review pursuant to the California Environmental Quality Act Guidelines, Section 15061(b)(3). 2. There is no present or prospective public use for the easement. 3. The owner has been notified that any pipelines within said easement have been abandoned by the District and will now be the responsibility of the owner. BE IT ALSO RESOLVED that the Secretary of the San Dieguito Water District shall cause a certified copy of the Resolution of Vacation, attested by the Secretary under seal, to be recorded without acknowledgment of further proof, in the Office of the County Recorder. Upon such recordation, the vacation process shall be deemed complete. r, PASSED AND ADOP'T'ED at a regular meeting of the Board of Directors of San Dieguito Water District held on the 20' of August, 2005, by the following.vote: AYES: Bond,Dalager, Guerin, Houlihan, Stocks. NAYS: None. ABSENT: None. ABSTAIN: None. ' Christy G in, President ATTEST: f e L. ill r, Secretary `STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 1, Kerry L. Miller, Secretary of the Board of Directors of San Dieguito Water District DO HEREBY CERTIFY that the above and foregoing is a full, true and corrected copy of Resolution No. 2005-10 of said Board and that the same has not been amended or appealed. Dated: August 24, 2005 f K J-'. Miller, Secretary an Dieguito Water District EXHIBIT "A" LEGAL DESCRIPTION PARCEL I AND 2 OF PARCEL MAP NO. 19088, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER I, 2002. APN 254-400-29 and 254-400-30 Land � Commonwealth Land Title Company n '�"�i a � �` � it a 3131 Camino del Rio N.,#1400 Commonwealth San Diego,CA 92108 Phone: (619)686-6000 LandAmerica Developer Services Our File No: 04604153 - 54 3131 Camino Del Rio N. #1400 Title Officer: Linda Slavik San Diego, CA 92108 (lslavikCablandamxom) Phone: 619-686-2192 Fax: 619-725-3248 Attn: Tammy Your Reference No: Leucadia Collections Property Address: Sparta & Urania, Encinitas, California PRELIMINARY REPORT Dated as of June 3, 2005 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, the Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit B attached. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. CLTA Preliminary Report (Revised 11-17-04) Page 1 File No: 04604153 SCHEDULE A The form of policy of title insurance contemplated by this report is: Preliminary Title Report The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Urania, LLC, a California limited liability company The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART-HEREOF Page 2 File No: 04604153 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Parcels 1, 2, 3 and 4 of Parcel Map No. 19088, in the City of Encinitas, County of San Diego, State of California, according to Map thereof, filed in the Office of the County Recorder of San Diego County, November 1, 2002. RESERVING FROM said Parcel 1, an easement for drainage purposes over, under, along and across that portion thereof designated and delineated thereon as "Proposed Private Drainage Easement in favor of the Remainder Parcel to be granted at the of transfer of Parcel 1". Assessor's Parcel Number: 254-400-29 thru 32 Page 3 File No: 04604153 SCHEDULE B At,the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2005 - 2006 which are a lien not yet payable. B. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year shown below, are paid. For proration purposes the amounts are: Fiscal year 2004 - 2005 1st Installment: $183.02 PAID 2nd Installment: $183.02 PAID Exemption: $0.00 Code Area: 19084 Assessment No.: 254-400-29 Affects Parcel 1 C. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year shown below, are paid. For proration purposes the amounts are: Fiscal year 2004 - 2005 1st Installment: $183.02 PAID 2nd Installment: $183.02 PAID Exemption: $0.00 Code Area: 19084 Assessment No.: 254-400-30 Affects Parcel 2 D. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year shown below, are paid. For proration purposes the amounts are: Fiscal year 2004 - 2005 1st Installment: $183.02 PAID 2nd Installment: $183.02 PAID Exemption: $0.00 Code Area: 19084 Assessment No.: 254-400-31 Affects Parcel 3 Page 4 File No: 04604153 E. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year shown below, are paid. For proration purposes the amounts are: Fiscal year 2004 - 2005 1st Installment: $183.02 PAID 2nd Installment: $183.02 PAID Exemption: $0.00 Code Area: 19084 Assessment No.: 254-400-32 Affects Parcel 4 F. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: San Dieguito Irrigation District •Purpose: Water Pipe Line Recorded: March 11, 1929 in Book 1581 page 258 Deeds Affects: said land more particularly described therein. 2. A covenant and agreement Entitled: Coastal Development Permit Executed by: Alan Fritz In favor of: City of Encinitas Recorded: August 20, 2002 as File No. 2002-0706164 Reference is made to said document for full particulars. 3. An easement for the purposes shown below and rights incidental thereto as shown or as offered for dedication on the recorded map shown below. Map: Parcel Map 19088 Easement purpose: Public Storm drain Affects: As shown on said map Easement purpose: Proposed private drainage Affects: As shown on said Easement purpose: Proposed private landscape and slope maintenance Affects: As shown on said 4. A covenant and agreement Entitled: Real Property Waiver of protest to Assessments Executed by: Alan T. Fritz In favor of: City of Encinitas Recorded: November 1, 2002 as File No. 2002-0972894 of Official Records Page 5 File No: 04604153 Reference is made to said document for full particulars. 5. A covenant and agreement Entitled: Future Park Traffic and Flood Control Fees Executed by: Alan T. Fritz In favor of: City of Encinitas Recorded: November 1, 2002 as File No. 2002-0972895 of Official Records Reference is made to said document for full particulars. 6. A.covenant and agreement Entitled: Improvements Executed by: Alan T. Fritz In favor of: City of Encinitas Recorded: November 1, 2002 as File No. 2002-0972896 of Official Records Reference is made to said document for full particulars. 7. A covenant and agreement Entitled: Tentative Parcel Map and Coastal Development Permit Executed by: Alan.Fritz In favor of: City of Encinitas Recorded: November 1,.2002 as File No. 2002-0972897 of Official Records Reference is made to said document for full particulars. 8. A covenant and agreement Entitled: Hold City Harmless for Grading/Drainage Executed by: Alan T. Fritz. In favor of: City of Encinitas Recorded: November 1, 2002 as File No. 2002-0972898 of Official Records Reference is made to said document for full particulars. 9. A covenant and agreement Entitled: Private Improvements Required as Condition on Final Approval of Subdivision of Real Property Executed by: Alan T. Fritz -In favor of: City of Encinitas Recorded: November 2, 2002 as File No. 2002-0972899 of Official Records Reference is made to said document for full particulars. 10. An easement for the purpose shown below and rights incidental thereto as set forth in a Deed of Trust Purpose: Drainage Trustor: Alan T. Fritz, a married man as his sole and separate property Recorded: November 10, 2002 as File No. 2002-0972902 of Official Records Affects: said land more particularly described therein. Page 6 r File No: 04604153 11. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby. Amount: $3,303,000.00 Dated: March 18, 2004 Trustor: Urania, LLC, a California limited liability company Trustee: Torrey Pines Bank Beneficiary: Torrey Pines Bank Recorded: March 26, 2004 as File No. 2004-0.251451 of Official Records 12. An assignment of all monies due or to become due as rental or otherwise from said land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein Amount: $3,303,000.00 Assigned to: Torrey Pines Bank By: Urania LLC, a California limited liability company Recorded: March 26, 2004 as File No. 2004-0251452 of Official Records END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "'NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Page 7