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2001-622591 (2)c, Recorded at the request of Chicago Title 'J RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT WHEN RECORDED MAIL TO: ID SAN DIEGUITO WATER DISTRICT 505 S. VULCAN AVENUE ENCINITAS, CA 92024 . DOC # 2001-0622591 17356 AUG 30 a 2001 3:35 PM OFFICIAL RECORDS SAN DIEGO CUP RECORDER'S OFFICE GRE60RY J. GNIM COMTY RECORDER FES: 0.00 OC: NA 1111111111111111111111111111111111111111111111 2001-0622591 For the Benef ' t of0 ~ D Assessor's Parcel No. WW4- 1, W5 R~ 93 -fibk GRANT OF EASEMENT FOR WATER LINE i 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 oiganized 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. - - -th --e - - - - And Grantoi hereby agreesfor Himself,-his successors or assigns; thathe will-not-plant-trees orconstruct-or-cause to-the-be constru 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 ` day of 2801.doc(07-10-95) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1'7357 State of California y~ O~J a~Q ss. County of On 0 ';k' CA before Date personally appeared REBECCA G. GORE ConMnMm # 1281226 f4afty Puck - Ca dmb MI►10CGffM&FbW0CW.j I Place Notary Seal Above Q C • D1 Q . V ID kkrc 4 ~U and Title of Officer (e.g., "Jane oe, Notary Public") personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personK whose name(~nis/aW subscribed to the within instrument and acknowledged to me that he/ntVejlexecuted the same in his/Y""tIWK authorized capacity and that by his/ r/tbeTf signatureon the instrument the personX, or the entity upon behalf of which the person acted, executed the instrument.,. my hand Signature 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: © 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 17 713 58 This is to certify that the interest in real property conveyed by the deed or grant dated M!±jj 31~ Zeal 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 A,,„~ 2001 By U)---l c7V-D_ V/ District Manager 2801.doc (07-10-95) 17359 EXHIBIT "A" LEGAL DESCRIPTION PUBLIC WATER EASEMENT TO SAN DIEGUITO WATER DISTRICT ALL THAT PORTION OF LOT 4 OF CITY OF ENCINITAS TRACT NO. 99-137, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, SATE 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 NORTHEAST CORNER OF SAID LOT 4: THENCE SOUTH 17°27'22" WEST 105.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 19°52'24" EAST 53.71 FEET TO THE BEGINNING OF A NON- TANGENT 48.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 19°52'24" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49°00'32", A DISTANCE OF 41.06 FEET; THENCE SOUTH 21 °07'05" WEST 190.19 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°24'55", A DISTANCE OF 60.79 FEET; THENCE SOUTH 38°32'00" WEST 7.66 FEET; THENCE SOUTH 57°41'19" EAST 128.92 FEET; THENCE SOUTH 34°43'26" WEST 28.02 FEET; THENCE NORTH 57°41'19" WEST 102.63 FEET; THENCE SOUTH 38°32'00" WEST 33.44 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 35°37'38", A DISTANCE OF 106.95 FEET; THENCE SOUTH 02°54'21" WEST 123.58 FEET TO THE BEGINNING OF A NON-TANGENT 323.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 6018'57" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°37'47", A DISTANCE OF 110.66 FEET; THENCE SOUTH 02°54'21" WEST 25.17 FEET TO THE BEGINNING OF A NON-TANGENT 300.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 27"49'38" EAST; SB&O, INC. Encinitas Ranch - South Mesa Job No. 56062.00, January 5, 2001 1 of 2 D:1560621LEGALSIESMT-8NDRY3w 173160 THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°57'10", A DISTANCE 104.47 FEET; THENCE NORTH 82°07'32" WEST 34.13 FEET; THENCE NORTH 83°27'33" WEST 134.82 FEET; THENCE NORTH 03°29'43" WEST 28.44 FEET; THENCE SOUTH 83°27'33" EAST 109.17 FEET; THENCE NORTH 02°54'21" EAST 114.29 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 35°37'38", A DISTANCE OF 141.77 FEET; THENCE NORTH 38°32'00" EAST 66.21 FEET TO THE BEGINNING OF A TANGENT 172.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°24'55", A DISTANCE OF 52.28 FEET; THENCE NORTH 21°07'05" EAST 146.13 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33°24'26", A DISTANCE OF 23.32 FEET TO THE BEGINNING OF A REVERSE 74.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 85°05'33", A DISTANCE OF 109.90 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.860 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. Encinitas Ranch - South Mesa Job No. 56062.00, January 5. 2001 2 of 2 D:1560621LEGALSIESMT-BNDRY3w EXHIBIT __B 17/ 6 BOULEVARD V/9A /TY MAP ® /ND/G41FS PUBLIC UTILITY EASEMENT GRANTED. / / ~ry~ sec ,Qy lam- / RI INDIC4 TES PRIVA TE ACCESS EASEWDVT *77H MRE VOCABLE / N38'32'00'~' OFFER OF DEVICATI'ON REJECTED 66.21 PER MAP NO. 13998. DATA TABLE BEARING R IUS LENGN 1 S19052 24'Zr 53.71 2 49'00'32" 48.00' 41.06' 3 N57409 V 102.63' 4 S38'32'00'))V 33.44' 5 N82'07'321Y 34.13' 6 172455" 172.00' 52.28' 35'37'38 R-228.00 141.77' I lkl NI NI =1 '0=1724 R-200.00 1--M.7S' v--S38'32'00W ss~, 7.66' S34 43:`6'14 28.02' R=172 00' N2'54 21 'E 114.29' S81r?7;33l- 109.17' N3'29'4341iV 28.44' 134.82 riW3'2, J3j Y 51 r I I i/Jr] p 1~/0 y: - A I 1 I I I S2'54 21 '1 V 25.17' L N27'49'38 "E (R) 0=19'57'10" R=300.00' L=704.47' O II cznl I PURL/C W.4 TER EASEMENT ENC/N/TAS TRACT NO. 99-137, SOUTH MESA LOT 4. MAP M. 13998 1&0 S172722 105.23' r 0 85'05' " 33" 74.00' =109.90' 0 33'24 26" R=40.00' L=23.32' J LA '-47" 19'37 R=323.00' L=110.66' 18'S7"E (R) 1-4-01 56062X18.DWG 56062.01