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1991-212078Return to: San Dieguito Water District ~ 59 East "D" St t .24 o - 7 Encinitas, CA 2024 1131 Torrance Savings and Loan Association, a California Corporation The undersigned, 22579 Hawthorne Boulevard Los Angeles California as Grantor...., of............................................................................... County of-----..............................., State of...... for and in consideration of the sum of Ten Dollars ($10.00) lawful money of the United States, paid by San Dieguito Irrigation 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 Irrigation 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 froin 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: Lot 25 of Ridgeway Heights in the City of Encinitas, County of San Diego, State of California according to Map thereof No. 2163 recorded July 3, 1929 in the Office of the County Recorder of said County.together.with..that Portion o.f.Summit.Avenue as vacated per City Council Resolution No. 91-26 recorded April 14, 1991 as File/Page No. 91-167385. 07-MAY-1991 x:24 PM SAN DIEGO J COUNTY RECORDER' ~FFiCE ANNET . E E r 3 COUNTY RECORDER The route of said easement of right of way across the aforesaid lands shall be as follows: FEES` fie Gri See Exhibit "A". ~j 'i NOTE: This document is being recorded to correct the document which recorded April 2, 1991 as File/Page 91-146072. This As to certify that the interest in real proVerc. conveyed by the deed or grant dated - 9/ from c4 - r San L7i.~~gUito Wat District, a governmental agency is hereby accept. and the grantee consents to recordation thereof .b its duly authorized officer. D&ted 4- 1-4 - by 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 crass 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 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 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. Witness hand this --day of.....VUR 1 NCE BRPdK';"'S'.-S- fbAer1y TORRANCE..................... ...............SAVINGS ..LO........ AN .....ASS.....O...C..IATIO............N Witness . . ..,...r~u e.......... . Witness BY : _Ambro e K. u, Vice•W'&- (dent Notaries: Use proper form on back. GENERAL FORM 113 2 STATE OF 1 ? ss. • County of 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 ................................................................................................................................................personally known to me to be the person.... whose name ....................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 this certificate first above written. Notary Public in and for said County and State CORPORATION. FORM. y d G I WITNESS FORM N D z v m G~ C O O D O z v_ ! N --i n 4 D z -A O T O D 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 say....: That he................ reside in the said County of San Diego, State of California, and that...... he.. present and saw.............................. ..........................................................................................................................personally known to h............ to be the same person described- in and whose name ................subscribed to the within, and annexed Instrument, sign, execute and deliver the same, and he:.:.......... acknowledged to said affiant tha,t............ 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) STATE OF County of 1 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 one to be the.................... President and ....................................................................................................................................known to me to be the.................... Secretary of 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 M 0 STATE OF CALIFORNIA ) COUNTY. OF LOS ANGELES S ' ON April 22, 1991 BEFORE ME,. THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR'SAID STATE, PERSONALLY APPEARED Michael E. Richardson (PERSONALLY KNOWN TO ME)(PROVED TO 'ME ON THE BASIS OF SATISFACTORY EVIDENCE). Ta BE THE President PRESIDENT AND. _Amhrose K. Yu (PERSONALLY KNOWN TO ME.)(PROVED.TO ME. 01$ ~ BASIS OF SATISFACTORY. EVIDENCE) TO BE Exec. Vice r TAW, OF TORRANCE- SAVINGS AND LOAN.. ASSOCIATION THE CORPORATION THAT EXECUTED..THE., WITHIN INSTRUMENT (PERSONALLY KNOWN TO ME)(PROVED TO ME ON THE BASIS ..OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WH.O....... EXECUTED THE WITHIN INSTRUMENT. ON BEHALF OF-THE CORPORATION HEREIN NAMED, AND ACKNOWLEDGED TO-ME THAT SUCH CORPORATION -EXECUTED.-- THE WITHIN INSTRUMENT. PURSUANT. TO ITS BY-LAWS. OFt A 'RESOLUTION OF, I TS BOARD 'OF' D`I REC'T'ORS . WITNESS MY HAND AND OFFICIAL SEAL. NOTARY IG ATURE NAME _ Betty J. O Tell PRINCIPAL PLACE OF BUSINESS: Torrance' Bank MY•. COMMISSION EXP I RES : 6-3-94 ar . OFFICIAL SEAL. BEM J. O'DELL u u x NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY (F ft's Comm. Expires Tune 3, 1994 ~ 1 13 4 ~ o Q~oF Essioy~` No.d29577 ''t LEGAL DESCRIPTION 3"3t``~I ' WATER EASEMENT CIVI\,- THOSE PORTIONS OF' LOT 25 OF RIDGEWAY HEIGHTS IN THE CITY OF Gtlt~.ItTITA:3, (~.c1l1L19'ti' OF 3AN DIEGO, S'K'ATE OF CALIFORNIA ACCORDING TO MAP THEREOF -NO. 216:3 12Ii,CORDL;D JULY''3; 1929. _IN THE OF.F.ICE.OF THE. COUNTY RECORDER OF SAID COUNTY TOGETHER WITH THAT PORTION OF SUMMIT AVENUE AS VACATED PER CITY COUNCIL, RESOLUTION NO. 91-26 RECORDED 4-14-91 AS FILE/PAGE NO'. 91-167385' DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 25; THENCE ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY LINE THEREOF S 8.9.°56'49" W 6.42 FEET TO A POINT. WHICH IS 35.00 FEET.EASTERLY MEASURED AT RIGHT ANGLES TO THE 'CENTERLINE OF SUMMIT AVENUE AS SHOWN ON ROAD SURVEY NO. 11.56; THENCE PARALLEL TO SAID CENTERLINE S 00'23113" W 42.88 FEET; THENCE ..N 89°59'57" W 5.00 FEET TO.A POINT WHICH IS 30,00 FEET EASTERLY MEASURED AT RIGHT ANGLES TO SAID CENTERLINE; THENCE PARALLEL TO SAID CENTERLINE S 00'23113" W 56.45 FEET TO. THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING THE BEGINNING OF A NON-TANGENT 30.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID CURVE BEARS S 42'11-150" W; THENCE LEAVING SAID PARALLEL LINE SOUTHEASTERLY AND EASTERLY 22.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42°14120"; THENCE N 89'57130" E 216..39..FEET TO THE BEGINNING OF A 42.00 FOOT RADIUS CURVE CONCAVE TO. THE NORTHWEST; THENCE EASTERLY, SOUTHERLY AND.' WESTERLY ALONG SAID CURVE 186.10 FEET THROUGH A CENTRAL ANGLE OF 253'52'21" TO THE BEGINNING OF A REVERSE -CURVE-•CONCAVE..TO THE SOUTHWEST HAVING A' RADIUS OF 30:00 FEET, A RADIAL LIRE 'T'HROUGH SAID BEGINNING OF REVERSE CURVE BEARS N 73'49151" E; THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY 38.68 FEET ALONG SAID CURVE THROUGH A . CENTRAL ANGLE OF' 73-52'21.1t.; 'T'HENCE S 89'57'3011 W 147.38 FEET TO THE BEGINNING OF A 30.00 FOOT RADIUS CURVE CONCAVE SOUTHWE*STERLY; THENCE WESTERLY AND SOUTHWESTERLY 22.20 FEE`!' ALONG SAID CURVE THROUGH A' CENTRAL ANGLE OF 42'23141' TO A POINT OF CUSP WITH A CURVE CONCAVE TO THE EAST-HAVING A RADIUS OF 1970.00 FEET AND TO WHIC14 POINT A RADIAL LINE BEARS S 89°42'00" W; THENCE NORTHERLY 23.62 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'41113"; THENCE N.'00'2313" E 24.02,FEET TO THE TRUE POINT OF-BEGINNING. PARCEL B A STRIP OF .L.AND 5...00... FEET. WIDE THE-SOUTHERLY, WESTERLY AND. NORTHERLY'LINE OF SAID STRIP BEING COINCIDENT WITH THE NORTHERLY, EASTERLY AND SOUTHERLY LINE OF THE AFORESAID PARCEL "A". THE SIDELINES OF SAID STRIP TO BE EXTENDED OR SHORTENED TO BEGIN AND END IN THE WESTERLY LINE OF THAT'PORTION.OF SAID SUMMIT AVENUE AS VACATED PER AFORESAID DOCUMENT. PE 179F WATER. EASEMENT PLAT al a2• N89','4'49'f- G. 42' + SUBDIVISION BOUNDARY 8 P.OB. NW COR ---407.4/'--- LOT 25 ki - 101.20' /02.70 -7 - t , . .I a 4 Nt- f N 3 P4 i of oo a 'tj • o ~ i 111=40' N 8 8 . " o ) J ~ria'2o' ' of ~ ti - `DO ..2=30.00' 6=2z . 2- 11 T 43.20' !02 69' 20.SOti U' O I= 1 .V89°5730 E t 2!6.39' . z3so' - .V89°36 47_P/<2) iv I .V89'5I'.30'"E 260.79' O Q o.2z' m - 4v819°-5-r30 6 l I!a7s8' (PRIVATE) ~t/89°42'OQ,.E (R) t T T A Itio - y - -tea I l D=42°234! _ J1 Q=30.9!7' G=22.20'• v QH~ t*1 ~ ^1 ~ N _ O Q~Ot 1. ~I ~t 9 Ftj ` aa c - r _ N N i a ' a a 1- PASCO ENGINEERING (619) 259.6212 - 576 NO. MaNWAY• f01 SURE A SOLANA BEACH. CA 92073 UG 56WCe E4WM6A1r GR-4UTCD No- 29577 To 7I.1F_ . cneci1FF SAU174710AJ D1ST21CT 3.31,•9! ~ c/V1~ AO PARCEL A ~Of Cpt~F~~` © PARCEL B D° 2~1 6 L' 2 C f~+ F~.r w CST ~J PE 179 F E ` (1'~1'}'t'~'}TTTtti*m~°r.~r?-~-r!n-*-•---'t.~..,-.-•~.-rr.-.-, ,..+K,_r'tTT. ~..,-,q_ •~T'-r~-r.++-r~ vfces -.y . 10 Y A ~ 9 i; o c off •t iy >CIF OR I, v tee.-_~..,..•-.--.'~__. ~ 7!~^ l6 • A: 10 - ~s• s 1 y.. . S _ i 1 e i i