1991-647525111~1',ETURN TO: San Dieguito Water District
East "D" Street y) f-,ZS
i,\)Encinitas, Ca 92024
3i
1671
The undersigned . The---.Roman. C a t ho. o. l i c_.-Bishop o f San Diego,
a corporation sole
as Grantor...., of.......... Encinitas _ County of...... -San Diego State of....... C a l i f o r n i a
Mr a in consideration of the sum of Ten Dollars ($10.00) lawful money of the United States, paid by San Dieguito•
District, an irrigation district organized and existing under and by virtue of the laws oft to of California,
as Grantee, receipt whereof is hereby acknowledged, does hereby grant unto said San Dieguito 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 Diega,-State
of California, and particularly described as follows, to wit:
See Exhibit "A" attached hereto and made a part hereof, consisting of
4 pages. m
his is to certify that the interest in real prCiveru,
conveyed by the deed or grant dated i P -3-Fl
(1 ~'o / to San Dieguito Water
from ~~n+
District, a governmental agency is hereby accepted
and the grantee consents to recordation thereof by
its duly authorized officer.
-fated ~I -ZZ-91 by ~l
Warren H. Shafer,
The route of said easement of right of way across the aforesaid lands shall be as fol"p4ict Secretary
See Exhibit "A" attached.
Lr 1991°LJ
13-DErt--1991 0 253 Pr,
OFFICIAL RECORH
-SHAH DIFc~.*rj COUNTY RECORDER'c, OFFICE
NS7EITL LVelif}Y COUNTY RECORDER
FEEti;
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MA
It is expressly agreed that the Grantor shall have the right, at his own risk, to use the surface of the right of way p
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 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 :ta 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 11ne, Zt 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.
-4
Witness hand........ this......... ......day
Witness
Witness
Notaries: Use proper form on back.
o an Coon solBlshop of San Diegc
of...... ........................................P
1 -7 X . ;::1.:, ~
v BB ~ in Fact.......
.
GENERAL FORM
STATE OF ...ClilfOT171a ....................................1 ,
r ss.
1~ 3
County of ........Sal]1..1AQ90-----------------------------------J
ON THIS3T ........day of..Octaber........ A. D., 19..9.1., before me....... JQyCe.-:E'...Davis.....................................
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a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
ll'12Cl,E; WI1e11C1 ....................................................................................personally known to me to be the person....
whose name 1S........... 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 9 vs certificate f' t abo written,. /
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t . o s o ry Public in and for said County and State
JOYCE E. DAVIS
(ARY
O, DIEGO COUNTY
F•:' S
ram ExP. OCT. 6 1
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 cif 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
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WITNESS FORM
0
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 sayv~.... : That he................ reside in the said County of San
.iC1 agoe~Stat~e&f California, and that...... he ................present and saw..............................
...................................................................................:......................................personally known
to h............ to- beohe same person. described' in and whose name ................subscribed
,KK,~,.,,~to-the-withi MM"d annexed Instrument, sign, execute and deliver the same, and
Ia6 _A 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)
r
AfLL-PURPOSE ACKNdWLEDGMENT
Slate of California 1672
County of_saA_pigo
On _1&.e-10 ~4.lwelore me, ,
DATE 7- / AME, IIL/E CN' OI'PpCER L.G. .-JANE 1". NOTARY WBLIC
personally appeared _U///.f~rr~°~%✓~ /~~~/?~~t~
NAME(S) OF SIGNER(S)
❑ personally known to me - OR - proved to me on Ilia basis of satisfactory evidence
to be the person(s) whose name(s) is/aFe'
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/he-r/tt}e.if authorized
_ . . . capacity(+"), and that by his/heNlh 4
signature(s) on ilia instrument the person(s),
OFFICIAL SEAL
JOYCE E. DAVIS or ilia entity upon behalf of which the person(s)
orARYPWL1C-CALIFORNSI acted, executed the instrument.
SAN DIEGO COUNTY
p=M. EXP. OCT. 2a t Witness my hand and official seal.
A .
PURE OF NOTARY
CAPACITY CLAIMED BY SIGNS
❑ INDIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
TITLE(SI
❑ PARTNER(S)
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
(3 SUBSCRIBING WITNESS
❑ GUARDIAWCONSERVATOR
❑ OTHER:
SIGNER"IS REPRESENTING:
NAME Of VERsoN(s) on EN111Y(ffs)
ATTENTION NOTARY: Mhouph Uw inImmabon IequeVd_lielow is OPTIONAL, (t could prevent haudulent attadw oni of fts eonilicale to unauthorized dowmem.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
EXHIBIT "A"
16'74
J.N. 87-173
August 27, 1991
RB
LEGAL DESCRIPTION
FOR
WATER MAIN EASEMENT
Being a portion of the Southwest Quarter of the Northwest Quarter of Section 14, Township 13 South, Range 14
West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, more particularly
described as follows:
Beginning at the West Quarter Corner of said Section 14, which corner bears South 00°50'34" West, 2594.34 feet
from the Northwest corner thereof; thence
1. South 89040'18" East 660.20 Feet; thence
2. North 0046'21 " East 324.14 Feet to the most Southwesterly corner of Existing Water
Easement Parcel AA as recorded January 7, 1986 as
file/page No. 86-006366 of official records; thence along
the Westerly line of said easement
3.
North 0046'21" East
64.03 Feet
to the beginning of a 97.00 foot radius curve concave
Easterly. A radial to said point bears North 89013'39"
West; thence along arc of said curve
4.
Northerly
47.53 Feet
through a central angle of 28004'21" to the beginning of a
73.00' radius reverse curve concave Westerly. A radial to
said point bears North 61009'18" West; thence along arc of
said curve
5.
Northerly
35.77 Feet
through a central angle of 28004'21 thence continuing
along said Westerly easement line
6.
North 0046'21" East
2.67 Feet
to the TRUE POINT OF BEGINNING; thence
7.
North 89009'00" West
4.63 Feet
to the beginning of a 212.00 foot radius curve concave
Northerly. A radial to said point bears North 0051'00"
East; thence along arc of said curve
8.
Westerly
6.66 Feet
through a central angle of 1048'00"; thence
9.
South 2039'00" West
9.00 Feet;
thence
10.
North 87021'00" West
10.00 Feet;
thence
1'675
August 27, 1991
Page Two
11. North 5014'27" East
9.23 Feet
to the beginning of a 212.00 foot radius curve, concave
Northerly. A radial to said point bears North 5014'27"
East; thence along arc of said curve
12. Westerly
62.01 East
through a central angle of 16045'33"; to the beginning of a
912.00 foot radius compound curve concave Northerly. A
radial to said point bears North 22000'00" East; thence
along arc of said curve
13. Westerly
197.58 Feet
through a central angle of 12024'47"; thence
14. South 34024'47" West
21.12 Feet;
thence
15. North 54039'57" West
20.00 Feet;
thence
16. North 35020'03" East
21.01 Feet
to the beginning of a 912.00 foot radius curve concave
Northerly. A radial to said point bears North 35038'54"
East; thence along arc of said curve
17. Westerly
15.07 Feet
through a central angle of 0056'48"; thence
18. North 35058'00" East
144.63 Feet
to the beginning of a 862.00 foot radius curve concave
Northerly. Said curve is 62.00 feet Southerly and
concentric with the centerline of Encinitas Boulevard. A
radial to said point bears North 27036'41" East; thence
along arc of said curve
19. Easterly
20.25 Feet
through a central angle of 1020'46"; thence
20. South 35058'00" West
123.80 Feet
to the beginning of a 888.00 foot radius curve concave
Northerly. A radial to said point bears North 35019'17"
East; thence along arc of said curve
21. Easterly
206.46 Feet
through a central angle of 13019'17", to the beginning of a
188.00 foot radius compound curve concave Northerly. A
radial to said point bears North 22000'00" East; thence
along arc of said curve
22. Easterly
69.40 Feet
through a central angle of 21009'00"; thence
23. South 89009'00" East
4.60 Feet
to said Westerly line of said Existing Water Easement
Parcel AA; thence
24. South 0046'21" West
24.00 Feet
along said Westerly easement line to the TRUE POINT OF
BEGINNING.
Contains 0.24 acres, more or less.
87173.LGL
1676
WATER LONE EASEMENT PLAT
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RO.B
WEsr-114 Lo&ER
4EGTION 14
yhlccr of 2
Jog # 87 173 8 /21/x'1
SOWARDS AND BROWN ENGINEERING, INC
CONSULTING ENGINEERS
2187 NEWCASTLE AVENUE SUITE 202
CARDIFF BY THE SEA. CA. 92007 (619) 436 8500
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n/89040'I8"W 000.20'
N0°4(,'2I"E 324.14'
IV O°dG' Z(" E 64.03'
d Z8°04'ZI" R= q7' L- 4793'
d•28'04'ZI" 9=73' L:35.77'
N o "46'21''6 ?67'
N89°09'00sw 4103'
d•1°4800"R=2/2'L= G:G6'
NZ°39'00"E 9.00'
N 87'2/'oo"W /0.00'
Ny9l4'27'E q.23'
d /6'45'33" R ?1?' L = 620('
4=IZ°24'47° 9=gl2' L= Ig7.58'
N34°24'4?"E 21•!2'
N y4'3q'67"W 2000'
l tv3y°20'03° E VIN,
i d - 0°56'48" 9.9/Z' L' 1.5.07'
>A/35°58'00"E 144.63'
>d=!°2046" R- &Z'L= 20.25'
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~23 N g9°09'00"W 4•Go' NBq°39'33:'GU G59.80'
(,~Al Al 0°46'21" k 24.00'
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SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
MEETING DATE: OCTOBER 22, 1991
To:, Warren H. Shafer, District Manager
From: Victor R. Graves, Engineer & Planning Supervisor
Via: VoBob Nelson, Interim Public Works Director
Subject: Adoption of Resolution No. 91-25, approving grant of
water easement from The Roman Catholic Bishop of San
Diego, a Corporation Sole, for water pipelines and
appurtenances over APN 259-311-01 and APN 259-310-04
Date: October 11, 1991
BACKGROUND
St. John's Church is currently grading, installing utilities
and paving a parking area for a future rectory and school site
at 1001 Encinitas Blvd., APN 259-311-01 and APN 259-310-04
DISCUSSION
The San Dieguito Water District will be entering into an
"Agreement to Improve Development - Water Facilities" for APN
259-311-01 and APN 259-310-04. In order to install the water
lines to meet design criteria, the owner has provided the
District with an easement for future pipeline repair and
maintenance purposes.
RECOMMENDATION
It is recommended that the San Dieguito Water District Board of
Directors authorize adoption of Resolution No. 91-25, approving
grant of easement from The Roman Catholic Bishop of San Diego,
A Corporation Sole, for pipelines and appurtenances for APN
259-311-01 and APN 259-310-04.
RESOLUTION NO. 91-25
RESOLUTION OF THE BOARD OF DIRECTORS OF
SAN DIEGUITO WATER DISTRICT
ACCEPTING GRANT OF EASEMENT
(The Roman Catholic Bishop of San Diego)
(A Corporation Sole)
WHEREAS, a grant of easement to the District from The
Roman Catholic Bishop of San Diego, A Corporation Sole, 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 and directed to record the grant on behalf:
of the District.
PASSED AND ADOPTED at a regular meeting of the Board of
Directors of San Dieguito.Water District held on the 22nd of
October, 1991, by the following vote:
AYES: Directors Omsted, Wiegand, Slater, Hano & Davis
NOES: None
ABSENT: None
ABSTAIN: None
O 1Xh0
Anne Omsted, President
ATTEST:
Warren H. Shafer, retary
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