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2001-622592Recorded at the r=equest of Chicago Title RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT p°' WHEN RECORDED MAIL TO: ,J SAN DIEGUITO WATER DISTRICT 505 S. VULCAN AVENUE e4) ENCINITAS, CA 92024 17362 'D010 # 1001-0622592 AUG 30a 2001 3:35 PM For the Benefit of the District Assessor's Parcel No. 254-614-01,02,05 & 257-020-01 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH9 COUNTY RECORDER FEES: 0.00 OG: -NA III III III 1111111111111111111 2001-0622592 GRANT OF EASEMENT FOR WATER LINE The undersigned, Toll CA IV, L.P., a California limited Partnership., hereinafter designated GRANTOR, for a valuable consideration, hereby grants to the SAN DIEGUITO WATER 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 Water 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, inspecting and repairing a pipe line or pipes lines, and all fixtures and appurtenances incidental thereto for use in connection 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 detrimental 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: The route of said easement of right-of-way across the aforesaid lands shall be as follows: SEE EXHIBITS "A" & "B" 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 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 the 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 successors 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 installation 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. Executed this 1 day of " 2801.doc(07-10-95) 17363 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On Q( before me, Date ___T_ personally appeared We a 0 , Cc-" Vi.ta-CCA w Name and Title of Officer (e.g., "Jane Doe, otary Public") Name(s) oflfl ter(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose nameP is/a subscribed to the within instrument and acknowledged to me that he/51;r6/t~executed the same in his/~een authorized capacity(j~s`f and that by his/p.er/t~e signature~n the instrument the personnor the entity upon behalf of which the person 6!®EOCA G GORE acted, executed the instrument. t;;ZS,aCCWmnbdcn # 1281=6 Hah"Plrb/C-r~ on 'm W NES 4myhand and o 'al se 1. 0=W COL%* t110CIMM11 pl1130C -M lace No anature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 17364 This is to certify that the interest in real property conveyed by the deed or grant dated O'N 31 ?-cat from Toll CA IV, L.P., a California limited Partnership to the SAN DIEGUITO WATER DISTRICT, a governmental agency is hereby accepted and SAN DIEGUITO WATER DISTRICT consents to recordation thereof by its duly authorized offer. Dated 41~1.1-- 01-t 2001 "Y C'~ Z-- (:k-, District Manager 2801.doc(07-10-95) 17355 LEGAL DESCRIPTION PUBLIC WATER EASEMENT TO SAN DIEGUITO WATER DISTRICT ALL THAT PORTION OF LOT 5 OF CITY OF ENCINITAS TRACT NO. 99-137, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 13998 FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY JULY 11, 2000, AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1 OF SAID MAP NO. 13998; THENCE NORTH 26°06'42" EAST 68.97 FEET ALONG THE SOUTHEASTERLY LINE OF LOT 1 TO THE NORTHEASTERLY LINE OF SAID LOT 5; THENCE SOUTH 63°53'18" EAST 56.00 FEET; THENCE SOUTH 26°06'42" WEST 149.90 FEET TO THE BEGINNING OF A TANGENT 372.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°45'25", A DISTANCE OF 193.20 FEET; THENCE SOUTH 03°38'44" EAST 137.82 FEET TO THE BEGINNING OF A TANGENT 172.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°41'15", A DISTANCE OF 11.07 FEET; THENCE SOUTH 07°19'59" EAST 89.30 FEET TO THE BEGINNING OF A TANGENT 435.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°01'45", A DISTANCE OF 144.47 FEET; THENCE SOUTH 11 041'47" WEST 86.72 FEET TO THE BEGINNING OF A TANGENT 22.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 102°09'18", A DISTANCE OF 39.22 FEET; THENCE NORTH 89°32'29" EAST 58.71 FEET TO THE BEGINNING OF A TANGENT 772.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°36'20", A DISTANCE OF 35.11 FEET; THENCE NORTH 86°56'09" EAST 38.46 FEET; THENCE SOUTH 10°42'46" WEST 28.83 FEET; THENCE SOUTH 86°56'09" WEST 31.60 FEET TO THE BEGINNING OF A TANGENT EXHIBIT "A" 800.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; SB&O, INC. Job No. 56062.00. January 5, 2001 1 of 2 Encinitas Ranch - South Mesa D:1560621LEGA L SI ESMT-BNDRY l W 11366 THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°36'20", A DISTANCE OF 36.38 FEET; THENCE SOUTH 89°32'29" WEST 58.71 FEET TO THE BEGINNING OF TANGENT 50.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53°14'58", A DISTANCE OF 46.47 FEET; THENCE SOUTH 52°47'27" WEST 54.66 FEET TO THE BEGINNING OF A NON-TANGENT 78.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 50°30'35" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 84°56'58", A DISTANCE OF 115.65 FEET TO THE BEGINNING OF A REVERSE 40.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°45'46", A DISTANCE 23.57 FEET; THENCE NORTH 11°41'47" EAST 39.24 FEET TO THE BEGINNING OF A TANGENT 379.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°01'45", A DISTANCE OF 125.87 FEET; THENCE NORTH 07°19'59" WEST 89.30 FEET TO THE BEGINNING OF A TANGENT 228.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°41'15", A DISTANCE OF 14.67 FEET; THENCE NORTH 03°38'44" WEST 137.82 FEET TO THE BEGINNING OF A TANGENT 428.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29045'25", A DISTANCE OF 222.29 FEET; THENCE NORTH 26°06'42" EAST 80.93 FEET TO THE POINT OF BEGINNING. CONTAINING 1.265 ACRES MORE OR LESS. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SB&O, INC. Job No. 56062.00, January 5, 2001 2 of 2 Encinitas Ranch - South Mesa D: i560621LEGALSIESMT-BNDRYI EXHIBIT "B 17367 u. z 1 a ~ i 0 o n z LA COSTA 0 o x LEUCADIA I PASEO " DE LAS FL ORES QUAIL GARDENS DRIVES N26'06'42'E 80.93' zu, "ENC/N/TAS ol' BOULEVARD SITE VIC/LAITY MAP NO~ EGE ~I ® 1NDIC47ES PUBUC UAWY N E4SEMENT GRANTED. °o Q1 /ND/C.ATES PRI VA TE ACCESS DMUDVT Z OFFER OF DEDICATION RE✓ECTED PER MAP NO. 13998. DATA TA®L£ 1 BEARING R4D/US LENGTH 1 N26'0642 'E' 68.97' 2 S63'53'18'r 56.00' 3 3'405" 172.00' 11.07' 4 102'09'18" 22.00' 39.22' 5 N89'32 29'x' 58.71' 6 2'3620" 772.00' 35.11 ' 7 N86056'09'r 38.46' 8 S1014246W 28.83' 9 S86056'09 1W 31.60' 10 2'36 20" 800.00' 36.38' 7 y S8932-'2 58.W-- 12 53'14 58" 50.00' 46.47' 13 S52'47271Y 54.66' 14 33'4546 40.00' 23.57' 15 X41'15" 228.00' 14.67 NUE QUA/L GARDENS DRIVE BOULEVARD V N7 19'59'14 < 89.30' 0=19'01 '45 R=379.00 L=125.87' 11N, 1'41 47'x" 39.24 14 -840 56'56 R=78.00' 550'30'35-V fR) 31865' 2 ~O ~p~ W~ Wsro c3v 0 29'45 25 R=372.00' L=193.20' ' N; w 3 ST19'5901EF 89.30' ENCINITAS TRACT NO. 99-137, SOUTH MESA LOT 5, MAP NO. 13998 0=19'01'45" R=435.00' L=144.47' u S11'41 '47W 86.72' 5 6 7 8 9 1 1D - - - fi S B &0 1-4-01 56062X19.DWG 56062.01 12