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1988-241623.R turn„ to: San Dieguito Plater District _ 59 East "'D" Street y 1925, NO' FEE Encinitas, Ca 92024 SUNBRIGHT GARDENS, INC. Tho undersigned, f} ~ r f c 3 3....... O . tr_1 L o H, ER. City. ......of.................. ..........Encinitas, &A. an Grantor...., of co.tnty ofSan...D e.g9........ State of....Cali~ont~~...... 4In consideration of the sum of. Ten Dollars (s]o.oo) lawful money of the United States, paid by Ben Dlegulto Gfl District, an irrigation district organized and existing under and by virtue. of the laws of the to of California, a an Granter, receipt whereof Is hereby acknowledged, does hereby grant unto sald Snn Diegult.o > a District, Its successors and asmignn, sn-m re. Ye-amt permanent easemf nt of right of way In, upon, over end across the innds hereinafter described, for the purpose of locating, relocnting, constructing, reconstrtell ng, mnttttatninp, opernting, In- specting and repairing a pipe line or pipes linen, and all lixtures and appurtenances Incidental thereto for use in con- Q- nectlnn therewith, for the trnnsminwion and distribution of water and nil uses and purposes Incidents] thereto, together Q+ ~ with the right of Ingress thereto and egress therefrom, to and along said right of way, together with the right to clear C5 and keep clear said right of way from bulldingn, structrrres, explosive, trees, and other nlat.crlal or growths detrinlent- b LLLj al to the uses herein granted. All work done by GRANTOR or its successor within Lhe limits of the easement shall be done under the supervision of a civil engineer licensed by the State of California, work shall. comply with the San b.legttito Water. Districts specifications, standards is= - and practices, and shall be done in accordance with generally accepted civil -i:z! engineering standards and practices. o-= o=~ The lands in which such easement of right of way is hereby granted are situated in the County of San U ego, State of California, and particularly described as follows, to wit: The North Half of the West Half of the East Half of the Southeast Quarter of the Southeast Quarter of Section 4, Township 13 South, Range 4 West, San Bernardino Meridian, according to Official Plat thereof. EXCEPTING THEREFROM that portion, if any lying within Hillside Acres, as'shown on Map No. 1992, filed in the Office of the County Recorder of San Diego County, also EXCEPTING'THEREFROM the Westerly 145.20 feet of the Norther- ly 300 feet thereof. The route of said.easement of right of way across the aforesaid lands shall be as follows: See Exhibit "A" consisting of 2 sheets attached hereto and made a part hereof. This is to certify that the interest in reel propei°ty conveyed by the deed or grant dated from to San Dir;guito Water District, a governmental agency is hereby accepted and the grantee consents to recordation thereof by its duly authorized officer. :rlaled ~5 - i T -.2 3 by It is expressly agreed that the Grantor shall have the right, at his own rink, 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 crows or make use of the surface In it manner not detrimental to the Installatinn, construction, operation, inspection, repair, maintenance and replacement of a pipe line or pipe lines, or to nny other purposes and uses as are or nrny be neces9nry or Incidents] to the construction, mnintennnee and operation of the Grnntee'n 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 time upon said right of way any Wonting stlpplles or explosives cnlnlnnnly m9ed for blasting purposes. And the Grantee hereby agrees that It will avoid unreasonable Interference with the use by Grantor and his succes- morn 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 stnted; and agrees to permit the installat.lon by the Grantor of water pipes rennonably 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 llne,-it must be installed aubject to Grantee's supervision and approval, and the Grantee agrees, niter the Instniln- t.ton of Ita nine. lines. to restore, the surface grade above the pipe to as near the original elevation an practlcnble. All prevent Installed utilities will be Interfered with as little, as po9nible nod if interrnptcd will be promptly restored to Ilse at the expense of the Grantee. Wltnevm hand this ...tiny Witness Witnena Notaries: Use proper form on back, lA...~ of........... 40.. . ~ STATE OF AA• v ~ 19'26 County of J ,L9 ON THIS ................day of............................ A. D., IA........, before me,................................................................................ R Notary Public in and for the said County and State, residing therein, duly conlmissloned and sworn, persminliy nl.pAre<i ................................................................................................................................................personally known to me to be, the person.... whose name ....................subscribed to the within Insti-nment, and (filly acknowledged to me that....he....execnt.ed the snore. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day rind year In tills certificate first above written. . Notary Public in and for said County nncl State CORPORATION FORM STATE OF (~✓hl.~ LP1~ 49. County of .................I.......0........ ON THIS 1...day of.... IV(..~ ........A. D., 191eb.., before ale...... 4iol e& i-1•,.L~ie/1 .I O Qif`_ a Notary Public in and for the said County and State, residing therein, (filly coin rnissioned "n"~~~~i:'1111d sworn, persi-nnlly nppcrtred ......(..e.P--Sun ~Ihe,h Oro i•nown to me to be the.... _ I`realAe„r ~,,,1 ................known to me to be the.................... Secretary c;f the the Corporation that execnted the wil.hin .Instrument, known to me to be. the FWNOTARY OFFICIAL SEAL persons who executed the within Instrinnerit, on behrtlf of the Corporation thereln LESLIE A C'OTH'RAN named, and acknowledged to me that such CorCloration execnted the PUBLIC -CALIFORNIA SAN DIEGO COU TYTY IN WITNF99 WfIr:RFOr', I have hereunto net my hnnfl nn(l affixed my official y comm. expires MAR 15, 1991 scal.the cis and -Y Y year I certificnt.e'lrst ab e written. ( Notary Public In and for snld County and State s m d WITNESS FORM STATE OF CALIFORNIA ss. County of San Diego rn D Z T~ C 4 O O A 0 t!1 X n D IX Z --t O rl X O „ D -C ON THIS ....................day of................................A.D., 19_.-, before me,.............................................................. a Notary Public In and for the said County and State, residing thereln, (filly cmomissdoile(1 and sworn, pcrsonnll} nppenreci ..............................known to me to be the person.... whose name ......................subscribed to the within Instrument., ns n subscribing Witness thereln, who being by me (filly sworll, depose.... and nay....: That he................ resi(le.... In the sold County Of Son Diego, State of. Califnrnin, still Out! lie .present rind saw ........pernotlnlly known to h............ to be the some person (Icscribed in wid whose name ................subscribed to the within and nnnexed Instrument., sign, execute slid deliver the some, nn(1 lie............ nelmotvledged to said nlfinnf. 1.11at..... he execitted the Rollie; and that said affiant subscribed............ h............name.... thereto OR rt Witness IN WITNESS WHEREOF, I have hereunto set my hand and nffixe,(f my offl(:Inl sent the dn.y rind yenr In this certificate first, shove written. Notary Cubile in and for said Cormty and Stn te (NOTARIES: Please use the General Form for indivirinnl signers, t.hr. Witness Form only for witnesres) X927 SDE 3146 4-22-88 EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND FOR ROAD AND UTILITY PURPOSES TO BE USED IN COMMON WITH OTHERS OVER, UNDER, AND ACROSS THAT PORTION OF THE NORTH HALF OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 13 SOUTH, RANGE 4 WEST, IN THE CITY OF EN- CINITAS, STATE OF CALIFORNIA AS DESCRIBED IN DEED TO SUNBRIGHT GARDENS, INC., RECORDED DECEMBER 1.6, 1.980 AS FILE/PAGE NO. 80- 423163 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SEABRIGHT GARDENS LAND, THENCE SOUTH ALONG THE BOUNDARY OF SAID LAND SOUTH 00°49'55" EAST 30.00 FEET TO A POINT IN THE SOUTHERLY LINE OF THE NORTHERLY 30.00 FEET OF SAID LAND; THENCE EASTERLY ALONG SAID SOUTHERLY LINE SOUTH 89°41'12" EAST 1.90 FEET TO THE TRUE POINT OF BEGIN- NING, SAID POINT ALSO BEING THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DIS- TANCE OF 31.42 FEET; THENCE TANGENT TO SAID CURVE SOUTH 00°18'48" WEST 7.00 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°01'34" A DISTANCE OF 52.50 FEET TO THE BEGINNING OF A REVERSE 340.00 FOOT RADIUS CURVE CON- CAVE EASTERLY, A RADIAL LINE BEARS NORTH 79°39'39" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°02'23" A DISTANCE OF 112.98 FEET; THENCE TANGENT TO SAID CURVE SOUTH 8°42'02" EAST 22.43 FEET TO THE BEGINNING OF A TANGENT 393.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°32'39" A DIS- TANCE OF 230.08 FEET TO THE BEGINNING OF A 47.00 FOOT RADIUS CUL- DE-SAC CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 65°09'23" WEST; THENCE COUNTER CLOCKWISE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 228°28'03" A DISTANCE OF 187.41 FEET TO A POINT OF REVERSE 1.73.00 FOOT RADIUS CURVE CONCAVE EASTERLY; A RADIAL LINE TO SAID POINT BEARS NORTH 66°22'.'34" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30°52'44" A DISTANCE OF 93.24 FEET TO A POINT OF REVERSE 520.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 82°44'43" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°57'19" A DISTANCE OF 144.81. FEET; THENCE TANGENT TO SAID CURVE NORTH 8°42'02" WEST 18.41 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°02'23" A DISTANCE OF 99.69 FEET TO A POINT OF REVERSE 340.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 79°39'39" EAST; THENCE page 1 of 2 w v i .d s NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°01'34" A DISTANCE OF 59.50 FEET; THENCE TANGENT TO SAID CURVE NORTH 0°18'48" EAST 7.00 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 31.42 FEET TO A POINT IN THE SOUTHERLY LINE OF THE NORTHERLY 30.00 FEET OF SAID SUNBRIGHT GARDENS LAND; THENCE WESTERLY ALONG SAID SOUTHERLY LINE NORTH 89°412'12" WEST 80.00 FEET TO THE TRUE POINT OF BEGINNING. 4/ page 2 of 2 WATER EASEMENT PLAT TM4608 A Waterline.easement over all of Lot 18 granted to San Dieguito Water District by Document recorded qF/P # SDE '1446 t SAN DIEGUITO ENGINEERING, INC. 4W YANCHESTM SURE 106 EWWTAS, CA. 92024 PHONE: 767.5526 CIVIL ENGINEERING • PLANNING LAND SURVEroRS ids R~-v~ sB~4~ v