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2004-1079905DOC # 2004-1079905 i~l4~llllllllllllllllllllllllli111111lillllllllllllllllllllllllllll ~d NOV 15, 2004 4:02 PM LiFFICI,AL FIECC iRC:l'= W D '~Q _I,~,IJ PP*30 Ci l irlT`r RECORDER'S OFFICE W GRcGOR`':I. SMITH: ~_OI_IPJT`' RECLRDER RECORDING REQUESTED BY: f EE , i.i ii i J : N.-I SAN DIEGUITO WATER DISTRICT N% J_ FI FOR THE BENEFIT OF THE DISTRICT i lll~li IIIII Illii 1111111111 Illil IIIII IIIII IIIII IIIII IIIII IIIII IIIII Illil IIII IIII WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 505 S. VULCAN AVENUE ENCINITAS, CA 92024 GRANT OF EASEMENT FOR WATER LINE The undersigned, YMCA of San Diego County (which acquired title as Young Mens Christian Association of San Diego County), a California nonprofit public benefit. corporation, 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 said right-of-way from buildings, structures, explosive, trees, and other material of 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 EXHIBIT "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 line 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 agree, 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 7-1h day of) ( 26DA- YMCA OF SAN DIEGO COUNTY By:- Name: P1GN 6 (Zn ~ Co L_CPrX-,n Title: ?P_ 5 1 a L C- By: Name: / &.LJ:w K. Title: rl-\SS-r. 5 ~+~'~">pl~►~~ 383804.1 9/7/2004 N This is to certify that the interest in real property conveyed by the deed or grant dated 5-W+. `7 , Zvi 1 from Ca 5 to the SAN DIEGUITO WATER yMGµ~ a•~ spy. ~ic1,a DISTRICT, a governmental agency is hereby accepted and SAN DIEGUITO WATER DISTRICT consents to recordation thereof by its duly authorized offer. Dated 00`0~~e-, 1 2004 By % - Gx-:~__ District Manager STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO ) On SepTeM\,oAr 7, Aoo4 , before me,~a,roL E l-o-Ta Notary Public in and for said County and State, personally appeared A i~Ra I?, pe,,tj , personally known to me (ar-prave ls'nre ou flip h^~~~ ^f r«-ev4d nae) to be the person(s) whose name(a) (is/ffe) subscribed to the within instrument, and acknowledged to me that (he/she4hey) executed the same in (his/1}g944eii-) authorized capacit(-y/4es), and that by (his/her4hei+) signature(.s~-on the instrument the person(s) or the entity upon behalf of which the person(() acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary [SEAL] CAROL E. LATIMER STATE OF CALIFORNIA Commission # 1370036 ) Notary Public -California ss. San Diego County COUNTY OF SAN DIEGO ) Gomm. Expires Sep 12, Zoos On 5 E ,27'e vhlp a r 7, 2.0 o q, before me, o \ F AT ~m { P, a Notary Public in and for said County and State, personally appeared A Col\aTo , personally known to me ( evtd- Te evi e e) to be the person(q) whose name(&- (is/af&) subscribed to the within instrument, and acknowledged to me that (he/sue) executed the same in (his/hw4+teir) authorized capacit(-y/--iesj, and that by (his/he eitj signature(&)-on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary [SEAL] CAROL E. LATIMER Commission # 1370036 emy Notary Public - Califomia _ 383804.1 San Diego County 9/7/2004 2 Comm. Expires Sep 12, 2006 EXHIBIT `A' LEGAL DESCRIPTION FOR WATER EASEMENT BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE. CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO RECORD OF SURVEY 10516; SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 2 OF COUNTY OF SAN DIEGO TRACT NO. 4281, ACCORDING TO MAP THEREOF NO. 10903, BEING ALSO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAXONY ROAD; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY 1. NORTH 01°21'24" EAST 26.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY 2. NORTH 87050'26" WEST 178.89 FEET; THENCE 3. NORTH 00°00'00" EAST 78.59 FEET; THENCE 4. NORTH 90°00'00" WEST 6.00 FEET; THENCE 5. NORTH 00°00'00" EAST 10.00 FEET; THENCE 6. SOUTH 90°00'00" EAST 2.00 FEET: THENCE 7. NORTH 00°00'00" EAST 15.14 FEET.; THENCE 8. SOUTH 90°00'00" EAST 24.00 FEET; THENCE 9. SOUTH 00°00'00" WEST 88.47 FEET; THENCE 10. SOUTH 87°50'26" EAST 159.35 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID SAXONY ROAD; THENCE ALONG SAID RIGHT-OF-WAY 11. SOUTH 01°21'24" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING. Page 1 of 2 PARCEL CONTAINS 5,385 SQUARE FEET, MORE OR LESS. THIS LEGAL DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR ACT. J.O. # 416.00 NAB LAND M4 2 L.S. 7443 Exp. OF a - DA 'FE Page 2 of 2 A•L EGEND: EXHIBf T 'B' - -PROPERTY LINE WATER EASEMENT DEDICATED HEREON, AREA- 5,J85 SF (0.124 AC) RECORD DA TA PER R. 0. S. 10516 BASIS OF BEARINGS. THE BASIS OF BEARINGS IS A PORTION OF THE WESTERLY PROPERTY LINE OF R.O.S. 10516, LE. N133922"W R. 0. S. 10516 S. W. 1 /4 OF S. W. 1 /4 OF SECTION 10 T 13 S, R 4 W, S. B. M. JTfflflllAu"u 0 J N Ll 0~ .W d 0 Q 0 °z S87'50'26"E 159.35' - - N8T50'26 "W 178.89' ILULLLI-- _ X ILILILI 26.50' - - - - N59'3444 "W 482.. 3' - - 6' WIDE SDGE E.451,7,VC V' RECORDED (0933105"W) 1 i -:?6-29 IN i , 0 2 PC 298' OR. LOT 2 O~~, L L ANO c_ cl) t-n c L. S. 7443 N o Exp. OE/30/06 J'I9T F OF CAL0.O COUNTY OF SAN DIEGO TRACT NO. 4281 REUNOCV T OF ACCESS R/GHTS 70 SAXO.'V Y ROAD PER DOi; RECORDED 10-01-817 AS F/P NO. 8 ~ -556113, 0 ,7. i S90-00'00"E L4tti 24.00' MAP NO. 10903 0 o~I O N I z I N I Z I,.cv Q P.O.B. NO. BEARING AND DISTANCE L 1 N90 00 00 W 6.00 L2 L N00V0'00"E 10.00' L3 S90*00'00 E 2.0o L 15. 4 THIS PLAT AS PREPARED BY ME OR LINDE MY DIRECTION MIGLIE . MARTINEZ P.L.S. 7443 IA T SAN DIEGUITO WATER DISTRICT DATE' 08-09-04 WATER EASEMENT PLAT DRAWN B PARTNERS ENG'G. SCALE: I" = 60' - S. W. 1 /4 OF. S. W. 1 /4 OF SECTION 10 PR A.P.N. 256-340-20 T 13 S, R 4 W, S.B.M. SHEET 1 OF 1 41h-t:spi,Owg 8-9-04 1,':13 ::,r,, Es1 I ' J Lot name: parcell North: 1963722.4611 East: 6244299.8581 Line Course: N 87-50-26 W Length: 178.89 North: 1963729.2018 East: 6244121.0951 Line Course:N 00-00-00 E Length: 78.59 North: 1963807.7918 East: 6244121.0951 Line Course: N 90-00-00 W Length: 6.00 North: 1963807.7918 East: 6244115.0951 Line Course: N 00-00-00 E Length: 10.00 North: 1963817.7918 East: .6244115.0951 Line Course: S 90-00-00 E Length: 2.00 North: 1963817.7918 East: 6244117.0951 Line Course: N 00-00-00 E Length: 15.14 North: 1963832.9318 East: 6244117.0951 Line Course: S 90-00-00 E Length: 24.00 North: 1963832.9318 East: 6244141.0951 Line Course: S 00-00-00 W Length: 84.47 North: 1963748.4618 East: 6244141.0951 Line Course: S 87-50..-26 E Length: 159.35 North: 1963742.4574 East: 6244300.3319 Line Course: S 01-21-24 W Length: 20.00 North: 1963722.4630 East: 6244299.8584 Perimeter: 578.44 Area: 5,384.96 sq.ft. 0.124 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0019 Course: N 10-40-12 E Error North: 0.00188 East: 0.00035 Precision 1: 301,847.90