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1990-24994r} agy a RECORDED REQUEST OF FIRST AMERICAN, TITLE CO. ' 13.2 9~•.7L~'N-ri~ .~SRn/ GY~~i.yb W.~r 1y.5~ccT - CNfi„ifrtc, The undersigned, WARMINGTON ENCINITAS ASSOCIATES , L . P . , A CALIFORNIA LIMITED PARTNERSHIP, BY WARMINGTON HOMES, A CALIFORNIA . . T . N . G ...GENERAL PARTNER CORPORATION AS MANNAG . as Grantor...., of........ C-ITY OF. ENCTNITAS , County of.... SAN DIEGO CALIFORNIA State of....................................... for an¢ in consideration of the. sum of Ten Dollars ($10.00) lawful money of the United States, paid by San Dieguita 1ex-District, an irrigation district organized and existing under and by virtue of the laws of th to of California, as Grantee, receipt whereof is hereby acknowledged, does hereby grant unto said San Dieguita - 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 Diego, State of California, and particularly described as follows, to wit: THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP.13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. The route of said easement of right of way across the aforesaid lands shall be as follows: SEE EXHIBIT "A" ATTACHED t'~ d i. FLilf a:•43U~iI Y. PM -y P- } i t^tF.x- fir i---s This easement document is being re-recorded in order to add the consent signature of the San Dieguito Water District's "duly authorized officer" to accept the easement y Q6 FEE and Subordination of Beneficiary of Deed of Trust. It is expressly agreed that the Grantor shall have the right, at his own risk, to use the surface of the right of way hreby granted, for agricultural uses except for the planting and growing of trees; and the right to crass or make use 4; 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 oT 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 too 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 ct 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. y Witness ............................hand........ this........ ~:4.............day of...........~1..~ .v.....A~~..............................,19 1~... Witness Ja!I!!!.... GGGM..-j.............V/~..P S/ T . ✓A~twtiN~roAJ •-Aaw tt s Witness Notaries: Use proper form on back. GENERAL FORM STATE OF Count of ss. 1 3 5 4 Y ON THIS ................day of............................ A. D., 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 STATE OF ss. County of 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--------------------President and --.......---...-.......known to me to be the...---.............. Secretary cf 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 t 0 d ` h' is is to certify that the interest in real propel'„ conveyed by the deed or grant dated 01-12 - 9 0 i`'4'°o'Wazmi.n_gton EnC . AS $_AC_an .Dieguito Water District, a governmental agency is hereby accertad 61- d the grantee consents to recordation thereof luc 'to duly authorized officer. WITNESS FORM 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.............................. ` N D z v m c O 1> 0 O n f° g N n i u k ~ r STATE OF CALIFORNIA ss. County of San Diego ON THIS ....................day of................................ A.D., 19---, before me............................................... 4 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 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. O D z O 2 D Notary Public in and for, said :CountyaaR0jState r (NOTARIES: Please use the General Form for individual signers, the Witness Form anlyrfor witnesses] Acknowledgment by Corporation which is a General Partner i W U. 5 a, F i Z C) h fl~ D-1.1 STATE OF CALIFORNIA } SS. 1.35 3 COUNTY OF San Diego -On January 12 , 19 90 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared John Edgrnmh , known to me to be the Vice President. and , known to me to be the Secretary of the corporation that executed the within instrument, and personally known to me (or proved to me on the basis of satis- tory evidence to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors; said corporation being known to me to be a general partner of Wayminccon Encinitas Associat% partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partner- Notary Seal ship executed the same. WITNESS mmyy hand and official seal. OFF;CI,"L SEAL LAURA QIMHI UES NOTARY, PUBLIC - CALIFORNIA PRIN05PAL OFFICE IN SAN DIEGO COUNTY. My Commission expires Oct. 25, 1991 UL-129 I Notary Public in and for said County and State. I ALt,Uww r,L14.uL91 M, -11- -6 13 33 ' S9 E.vsr O Q~a~~ _ ~A .RM. .I.N.G.TO. .N E. ..N..C.I.N.ITAS . AS....S.O..CIAT. . E. S. , L....P A C.A.L.I.F.O...R.N.I.A Thhee undersigned . WA. . . . LIMITED PARTNERSHIP, BY WARMINGTON HOMES, A CALIFORNIA .............CORPORATIO.N...AS...NIANAGING...GENERAL PARTNE.R.-....................................-...............-............................... as Grantor...., of........ C I T Y.. O F E N C I N I T A6 , County of.... SAN DIEGO State of... CAA L I F O R N I A for an in consideration of the sum of Ten Dollars ($10.00) lawful money ofthe United States, paid by San Dieguito IewDistrict, an irrigation district organized and existing under and by virtue of the laws of 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 Diego, State of California, and particularly described as follows, to wit: THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 13-SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL,PLAT THEREOF. THE 0R1G1NAL CF THIS DOCUMENT WAS RECORDED ON JUN 16 1991LE/PAGE NO.../ 99 ANNETTE J. EVANS, COUNTY RECORDER The route of said easement of right of way across the aforesaid lands shall be as follows: 90'024994 SEE EXHIBIT:,"A" ATTACHED E -t PN 12 is A L. i..`tf.f This easement document is being re-recorded in order to add the consent signature of the San Dieguito Water District's "duly authorized Officer" to accept the easement. Alb FEE a W fT~t z O z UL-129 0 Acknowledgment by Corporation which is a General Partner STATE OF CALIFORNIA SS. 1334 COUNTY OF San Diego On lanuary. 12 19 90 , before me, the undersigned, a Notary Public in and for 1said CeCounty and State, personally appeared ,IQ~.gcomb , known to me to be the President, and , known to me to be the Secretary of the corporation that executed the within instrument, and personally known to me (or proved to me on the basis of satis- tory evidence to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors; said corporation being known to me to be a general partner of War llnqtM FndnitaS ASSOCiai.QF partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partner- ship executed the same. VffNESS my hand and official seal. Notary Public in and for said County and State. Witness hand this ~:Z......... ....day Witness OFi ICl?•L i L LAURA .rr"WGUES NOTARY- PUBLIC - CALIFORNIA PRINC+PAL UFFICE IN SAN DIEGO COUNTY. My Commission Expires Oct. 25, 1991 . of way take use itenance Icidental truct or aid pipe used for succes- e use of rotor of manner rantee's lnstalla- 11e. A.11 1 to use tivA~ .T..~ Y...............................,19.... oP............ ..;!/itl....QGc....!A r3..-......-. V/CC P,s~S/~ivT . klA2~r t .Nlron~...-.No........................ Witness Notaries: Use proper form on back. GENERAL FORM STATE OF I 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 STATE OF )County . ss. 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 -4 known to me 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. 1 Notary Public in and for said County and State Mils Is to cortify that the Interest in real propov;, conveyed by the deed or grant datod 01=12 - 9 0 'ro'War i nclton_Enc . As$6)gLwi Dieguito w?,tox :Di;ai~rict, a governmental agency is hereby acceni,;;r1. mound the granteo consents to recordation thereo" 1-, 7; Its, duljl authorized officer. r .F 2t c 'l •S STATE OF CALIFORNIA l 189. i WITNESS FORM D z v m C O O n v X n 4 O M D z O IX i I~ i IT If ID a, County of San Diego . . ON THIS ....................day of................................A.D., 19-- before me.................................... , 1 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 scorn, 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 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. C Notary Public in and for said County and State,,,; . . (NOTARIES: Please use the General Form for individual signers, the Witness Vorm oiiiy for withesses) ' .a • 4+35 " PE 331 EXHIBIT "A" LEGAL DESCRIPTION 3 j a A STRIP OF LAND 20.00 FEET WIDE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 1 BERNARDINO MERIDIAN. IN THE COUNTY CALIFORNIA, ACCORDING TO OFFICIAL PLAT SAID STRIP DESCRIBED AS FOLLOWS: WITHIN T1 QUARTER 3 SOUTH, OF SAN THEREOF, 4AT PORTION OF THE OF THE SOUTHEAST RANGE 4 WEST, SAN DIEGO, STATE OF THE CENTERLINE OF BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG THE EASTERLY LINE THEREOF NORTH 0'26'57" EAST 50.27 FEET; THENCE LEAVING SAID LINE NORTH 66'23'01" WEST 160.57 FEET TO A NON- TANGENT 50.00 FOOT RADIUS CURVE CONCAVE WESTERLY A RADIAL LINE TO SAID CURVE BEARS SOUTH 56'23'01" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 75.71 FEET THRU A CENTRAL ANGLE OF 86'45'38" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CURVE RADIALLY NORTH 36'51'23" EAST 58.92 FEET; THENCE NORTH 0'14'13" EAST 72.00 FEET; THENCE NORTH 21'29'53" WEST 1'25.05 FEET TO THE POINT OF TERMINUS IN THE ARC OF A 50.00 FOOT RADIUS CURVE CONCAVE NORTHERLY A RADIAL LINE TO SAID CURVE BEARS SOUTH 21'29'53" EAST. THE SIDELINES OF SAID EASEMENT TO BE PROLONGATED OR SHORTENED TO TERMINATE SOUTHERLY IN SAID 50.00 FOOT RADIUS CURVE AND TERMINATE NORTHERLY IN SAID 50.00 FOOT RADIUS CURVE. 0 J FES 09 '90 11,02 PASCO ENOINEERIHQ P. 02 WA`f E. K EASE. l-lL N T rL A T C i T-r of ° E.AIC 1 W ITA9 TMAK,- T ~ N0.89 -033 ta9.930 CREST DRIVA- .4oRizolv 2?. 'rf v~wr~ wlVE 'a", :1356 4 1 46 3CAt~~ ~ ~y ac r M a o pa. E5. 5E Coe of TI-e WE '/4OE`TAEWE I/4 or V*" -5e A or t~~ 104 JT I3 5, 0-4 W, S.t36M . 1 Of CATF,5 W6TP.Z ftellr AC QUIM0 IV SAN OIEGUITO WATER 59 EAST "D" STREET ENCINITAS, CALIFORNIA 92024 .x.357 SUBORDINATION OF BENEFICIARY OF DEED OF TRUST DISTRICT (619) 753-1145 In consideration of the mutual benefits arising from the granting of the foregoing easement and for other good and valuable consideration, the undersigned. as beneficiary under that certain deed of trust, recorded in the Office of the San Diego County Recorder at File/Page No.Sq-356 3q q, encumbering said property, consents to.the granting of the aforesaid easement and unconditionally waives, relinquishes and ®ubordinatdo the lien or charge of said deed of 'trust to said easement, and agrees that the easement shall at all times be an interest in said property prior and superior to the lien or charge of said deed of trust. The easement and lien are over the property which is a part of TM or TFM Number TM 89-033 I~PtI~IL O~ ~1L-t0(Z,N6/~t.. EV ~ ~r C e fZGS 117/i(1 r Zf V, Beneficia y (Signaeures must be acknowledged). I358 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On January 12, , 1990 , before me, the undersigned a Notary Public in and for said State, personally appeared unherr_ c. Greh personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the instrument as Vire pregidp1t on behalf of The Bank of California, the association that executed the within instrument, and personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the association therein name, pursuant to its by-laws or a Resolution of its Board of Directors, and acknowledged to me that such association executed the same. OFFICIAL SEAL a~i,w ~q r1': a u? MARILYN J AN'GELL rs ; o NOTARY PUBLIC - CALIFORNIA OItANBE CoUN1Y r 9~,~aN• My comm. expires DEC 21, 1982 WITNESS my hand and official seal. cz",' L', '~r a LeU_ Notary Public in and for sa SState ~ s . ~ . PE 331 1359 - EXHIBIT "A" LEGAL DESCRIPTION A STRIP OF LAND 20.00 FEET WIPE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14,. TOWNSHIP 1 BERNARDINO MERIDIAN. IN THE COUNTY CALIFORNIA, ACCORDING TO OFFICIAL. PLAT SAID STRIP DESCRIBED AS FOLLOWS: WITHIN TI QUARTER 2 SOUTH, OF SAN THERSOF, iAT PORTION OF THE OF THE SOUTHEAST RANGE 4 WEST, SAN DIEGO, STATE OF THE CENTERLINE OF BIO INNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG THE EASTERLY LINE THEREOF NORTH 0'26'67" EAST 60.27 FEETI THENCE LEAVING SAID LINE NORTH 66'23'01" WEST 180.67 P E(=T TO A NON- TANGENT 60.00 FOOT RADIUS CURVE CONCAVE WESTERLY A RADIAL LINE TO SAID CURVE SEARS SOUTH 68'23'01" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 76.71 FEET THRU A CENTRAL: ANGLE OF 86'48'36" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CURVE RADIALLY NORTH 36.61'23" EAST 6$.92 FEET; THENCE NORTH 0-14-13" SAST 72.00 FEET; THENCE NORTH 21`29'83" .WEST 128.06 FEET TO THE POINT OF TERMINUS IN THE ARC OF. A 60.00 FOOT RADIUS CURVE CONCAVE NORTHERLY A RADIAL LINE TO SAID CURVE BEARS SOUTH-21-29#53" EAST. THE SIDELINES OF SAID EASEMENT TO BE PROLONGATED OR SHORTENED TO TERMINATE SOUTHERLY IN SAID 60.00 FOOT RADIUS CURVE AND TERMINATE NORTHERLY IN SAID 60.00 FOOT RADIUS CURVE. c 1°0300076 16-JUN-1993 09m 54 AN OFFICIAL RECORDS SAM DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER FEES: 0.00 NA R E - RC F~ 001) bf COO NB9~12"Z4'W 70 70 75 77 199 198 197 196 195 O O~ O N O O i 1 7G,oS rif.54 77 CRE ST zxJ s4.s7 et ac . Q, 0 190 N 191 192 0 C II 10 O '0 0 0 1 n _ 0 92.5/ P2.25, B2 S O NB9'2S'24'w W U a 45 U) SHT. I r 0-~ Id C) N99'20.4/'W 77 S4.JG Go.s4 60.24 64./9 x.80 GO Go /0e.82 72./7 94 7O 0 D I 13 2 3 o O o IS co 4 a 16 5 q 17 6 0 18 7 19 h 8 y 20 9 21 p 10 22 N y ` ` ` a 0 3.31 lx G C /SK 0O5 40 GD 4 AO. 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