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1999-329363RECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT I P.O. BOX 231010 ENCINITAS, CA 92023-1010 DOC 1999-0329363 MaY 14 a 1999 8:53 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 17.00 OC: NA ad ~-o qo- The i de.rsigned, qr/ hereinafter designated GRANTOR, for a valuable consideration, hereby grants to the SAN DIEGUITO, WATER •DISTR'I3;anaungation district organized and existing under and by virtue of the laws of the State of California as Grantee keceipt.whereof is herebyla&" o leded,.dces rmanent easement• of'right of wa. upon,~over hereby grant unto said San Dieguito Water District, its successors an d assigns, an exclusive and "e Zg_*,' r_.~r R* i~,~ and across the lands hereinafter described, for the purpose of locating, relocating, constructing, ecoristructmg~rna~rttauung, pop timsting 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: As per attached Exhibit "A" The route of said easement of right-of-way across the aforesaid lands shall be as follows: As per attached Exhibit "B" and ^ 'r'' la - 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. Witness hand this Witness GRANT OF EASEMENT FOR WATER LINE Witness day of 195-5. 11411 a ias5~5- M-gA &ll DOC. 5k_5,-S0 mart 17L..v5C-) C/3- ~i ,13o 2801.doc(07-10-95) i GENERAL FORM STATE nF ss County of ON TH[S !F~Y-A. day of. l!t A.r .......A, D., 19.before me,... F4/ f S. SYJ~e v a Notary Public in and for the said County and Ste, residing therein, duly commissioned and sworn, personally appeared t41.Q.w........ personally known to me to be the person whose name .......~,,.....wo... subscribed to the within Instrument, an duly acknowledged to me that ....he.. executed the same. Tit w!TNF.SS W-H-EREOF, I have h~--teuntc set my har.d and affixed my official seal the day and year it this certificate first above written. PHYLUS1.171SNER Notary public m and aid County and State z Commission /1080301 Z Notary Public - California San Diego County MY' Comm. Expires Doc 10,1994 This is to certify that the interest in real property conveyed by the deed or grant dated 2 / 2 5 / 9 9 from Triglid Investments #3 LLC 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 19 By Robert T. Acker District Manager 2801.doc (07-10-9.5) r 1 EXHIBIT "A" GRANT OF EASEMENT THE LANDS IN WHICH SUCH EASEMENT OF RIGHT OF WAY IS HEREBY GRAINTED ARE SITUATED IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS, TO WIT: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, SAID EASEMENT BEING 15 FEET IN WIDTH, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE WESTERLY LINE THEREOF, NORTH 02°58'19" EAST, 490.89 FEET TO A POINT ON THE CENTERLINE OF THAT CERTAIN 15 FOOT WIDE UTILITY EASEMENT IN FAVOR OF SAN DIEGUITO WATER DISTRICT PER DOCUMENT RECORDED APRIL 2, 1984 AS FILE NO, 84-119943 OF OFFICIAL RECORDS; THENCE ALONG SAID CENTERLINE, SOUTH 75°01'41" EAST, 10.00 FEET; THENCE SOUTH 34°05'39" EAST, 227.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE, SOUTH 02°26'00" EAST, 38.00 FEET; THENCE SOUTH 87°34'00" WEST, 44.75 FEET TO THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. THE SIDELINES OF SAID EASEMENT TO TERMINATE NORTHERLY IN THE SIDELINES, OR THE PROLONGATION THEREOF, OF THE HEREINABOVE DESCRIBED SAN DIEGUITO WATER DISTRICT EASEMENT. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. LAWRENCE H. MOORE, P.L.S. 5486 EXPIRES: 09-30-2000 - - p9-30 -2oov CALI GAPROJECTS\1998\8010\GRANT OF EASEMENT.wpd E H 151T b U GF-AWT OF EAsC-Meo ff` 515°01'41" E 1 ao u~- a~ 0 N P•O.&. S34°OS'39''E 22.30' EV15T - 15,EA5E1v7"-rh5AA1 oz GU1T-o Yt ww FIST AE2 DOC. DATED *84-IM43 1A. 2°Z!o`vv" Lo s 81 °3 106111W 44.11 15' v1l,ATE12L/n/E 6A5EA1E1VT G2AAlrED To 15A4 Dle&U17-0 WA7-62 D15TIZICT H62C0)411. 5w CoR. N.Wl- W-.W. %4 INDICATES WATER EA5EAlEA17 63/ZAA17 ED 0 9-30 -2ooo f e Rs2,. c ! W2ala L N N1~71D2E j'l 5 5496 EXC. 7 50 - 00