2011-502374 a O C U 201 1 -0502374
it•E'CORDING REQUESTED BYc �' 1111111 IN 111111111111111 II111 11111 11111 11111 1111111111 11111 IT IIII
SEP 27, 201 1 3:35 PM
SAN DIEGUITO WATER DISTRICT " SAN DIE GOOCOFUNTY RECDO RD ER'S OFFICE
FOR THE BENEFIT OF THE DISTRICT ' FEESt.I_ Dronen 0-0 Jr._COUNTY RECORDER
WHEN RECORDED MAIL TOa OC NA PAGES: 7
SAN DIEGUITO WATER DISTRICT 111111111111111 1111111111
160 CALLS MA GDALENA
ENCINITAS, CA 92024
APN: 257-501-07-00
GRANT OF EASEMENT FOR WATER LINE
The undersigned, ENCINITAS TOWN CENTER ASSOCIATES I, LLC, a Delaware limited
liability company, 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, annon-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, explosives, trees, and other material
granted. or growths detrimental to the uses herein
The lands in which such easement o£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:
DOCUMENTARY TRANSFER TAX$ U SEE EXHIBITS .�A„ 8c «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 any purpose whatsoever, so long as such use does not unreasonably interfere with
Grantee's rights hereunder and 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 (it
being expressly understood that the use of the surface of the right-of-way for vehicular traffic,pedestrian traffic,
landscaping, parking and/or signage shall be deemed not to unreasonably interfere with Grantee's rights
hereunder).
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.
1014 N.EI Camino Real(08/25/2011)
And the Grantee hereby agrees that it will avoid unreasonable interference with the use by Grantor and
his successors o£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-o£-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. Surface and improvements may Be promptly restored by
the Grantor to their condition just prior to such disturbance so long as such improvements do not unreasonably
interfere with the Grantee's rights herein. All present installed utilities will be interfered with as little as possible
and if interrupted will be promptly restored to use at the expenses of the Grantee_
Executed this of day of %-1
ENCU'TrrAS TOWN CENTER ASSOCIATES I, LLC,
a Delaware limited liability company
By: ENCIlINTfrAS TOWN CENTER ASSOCIATES,LLC,
a Delaware limited liability company, Its member
By: ZRP ENCIIVTl AS, IlVC.
a California corporation, Its managing member
By_ Brett Foy, Ev-President
S-t,j --
This is to certify that the interest in real property conveyed by the deed or grant dated q �ZO from
E1ITC17ITrrAS TOWN CENTER ASSOCIATES I LLC to the SAN
DIEGIlITO WATER DISTRICT, a governmental agency is hereby accepted and SAN DIEGUITO WATER
DISTRICT consents to recordation thereof by its duly authorized offer_
Dated ��Z1
. 2011 By
awrence A. Watt
General Manager
1014 N_El Camino Aoal(OS25/201 I>
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of'
6(Q/
On \ �_S 7fJ/� bcffore
� ( arc sett name and a of me ofTCCr) '
personally appeared
Ile
who proved to me on the basis of satisfactory evidence to be the persor,Ijwhose names,La�'e..subscribed tom
the within instrument and acknowledged to me that he/-� executed the same in hisitct,'ti-rci-r= authorized
capacity{-ias3, and that by hiss signaturefs'fon the instrument the person�'f, or the entity upon behalf o£
which the person,.SO acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the Foregoing paragraph
is true and correct.
aA AA L.Gwtav
aw..nw..�o..•�s���+o
WITNE my hand and off cial s 1. Notsry PeWIe_CaM/s�e1e
Les AnOSrss Ce�rMp
C i�m
Signs re of otxry Public (Notary Seal)
ADD 7TI ONAL OPTIONAL INFORMATION
INSTRU CTiONS FOR COMPLETING'r"IS FORM
fl a. k (.dg ent p( sed !'a<zJzornza m
DESC IPTION OF THE ATTACHED DO UMEN'I' vp-- h - th.- r sy r r prs.err k w(dg r_/' r he
/� / �./��L Pr P Ln _ p( i-d d rr f d r thzat d� m r T( <y c•Pt xf
G� /� do m• t sr i G e rde d outszttE.f C'<f u / l t v (r xate va
(T tl d F ttach d d cument)f acknow<ed� t bzrsKe as ry h pr t d n. h <o t ! i the
erhxrsgry d r equ e the omry ro rt -rh g rh r[. !1 s,
-fill z
_� it O Ca<f ers fs e cerrsmS ehe authorised �rspacsry of the seKae J- Ple z.fx cck the
("title.or description of attached document eontipn -d) document crsr f((yjor pr per norarirs(wording and arrrsch this form.frerlutred
Number o{pages�� Document Date //�-S_// state and County;n format;on m..�t Be the state and County wficre me aocr.ment
siSner(s)personally appeared before the notary public r r acknowledgment.
mate or notarisation mnsc be ifie ante tfiat tree s:sner(s)personally appearca which
_ ust also be the sa edam the acknowledgment is mpletea.
(Additional inri>rrrration) � The Diary publicm ust print his c r ficr n oit appear. within his or bet
r n followed by a red then
Y.— title(notary pubLc).
Print the n me(s) o£document signers) wbo personally appear at ifie time of
otarization.
CAPACITY CLAIMED BY THE SIGNER � Indicate me c r.:ct a regular r pwml £m-s by c ng orr i - cct r tins(i.e.
(]�-n di Victual (S� ha/she/ty,ie/aFa)o cling the co ct Form_Failu a to con ectly indicate this
Corporate O{25cer - information may Iced m reject:on of document recording. n`
'tfic otary al mpression ust be clear antl pbotognaphically —producihle-
Impression must not c vet text or lines. If seal impression smudges, re-seal iF a
(Title) - sull icient area permits,otfierw ise complete a--t acknowledgment form.
D PerrineY�s) Signatu rc of the notary public must match the signature on 151c with the ofFee uF
I] 'r S t—}f-in-Fact the_o nAddiiional -n£rmation of required but uld help to this
E C:)tL,B(s) acknowledgment i of m sect n attac bed to a different documcncre
(] Oib eY _ _ Indicate title or type of attached documanq• tuber of pages and date.
Indicam the capacity claimed by the signcr.ulf the claimed capacity is a
-orporatc om—,indicam the title(i. .CEO,CFO,Secretary).
Securely attach tfiis document to tfie signed document
2008 Version CAPA v12.10.0"]800-R"(3-9865 www.NotaryC lasses.com
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A
STRIP OF LAND 10.00 FEET WIDE LYING WITHIN LOTS 32 AND 33 OF AMENDED MAP OF
ENCINITAS MAP NO. 13258, TRACT NO, 94-066, UNITS I, It AND III, ACCORDING TO THE
MAP THEREOF NO, 13333, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN COURSE ON THE
CENTERLINE OF A WATER EASEMENT TO SAN DIEGUITO WATER DISTRICT SHOWN ON
SAID MAP AS HAVING A BEARING AND DISTANCE OF "N 02°53'08' W 259-94"' THENCE
ALONG SAID CENTERLINE SOUTH 42 010'25" EAST, 72.79 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID CENTERLINE SOUTH 47°45'39"WEST, 24.95 FEET.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN SAID WATER EASEMENT.
THE SIDELINES OF SAID STRIP TO BE PROLONGED OR SHORTENED TO ORIGINATE IN
THE SOUTHWESTERLY LINE OF SAID EASEMENT
THE ABOVE LEGAL DESCRIPTION IS DELINEATED ON EXHIBIT"B°AND IS MADE A PART
HEREOF FOR REFERENCE PURPOSES.
THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT.
;PP SCAL APOTHELOZ, P.L.S. 7734 ��� PASCAL R.
LICENSE EXPIRES 12/31/11 V APOTHELOZ
DATE PREPARED: 0819/2011 EXP./Z`3�"�� x
LS7734
EXHIBIT"A"-Page 1 of 1
L:\2010\10-308 Zelman EncinitaMEAWater Easement.doc
EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A"
1 +
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31 i a iq w• ��� ,,�
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SEE DETAIL 0
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E ,
CENTERLINE WATER EASEMENT TO SAN DIEGUITO
WATER DISTRICT PER AMENDED MAP OF ENCINITAS
W MAP No. 13258, TRACT No. 94-066, UNITS I, II AND
III, ACCORDING TO THE MAP THEREOF No. 13333
x
w
u7
6
L'
LEGEND
E EXISTING LOT LINE SCALE: "=80'
y 1 PROPOSED EASEMENT
C0 ——— — —— EXISTING EASEMENT
SHEET 1 OF 2
0
EXHIBIT "B" IN S.ON SP 41Iaad,Sa.216
N CITY OF ENCINITAS, CALIFORNIA C Engineering, Inc. �Aaowa R&,ta6leraa 91808
I*TI Eaag4��sting/find Sarvty]ag/Lind Plinning
(]N)6Qi-6140
EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EXHIBIT "A"
I 1 1
I 1 I
0 4
1 � uN•+ I 5
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\ mss. �� \
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N SCALE: 1"=20'
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CENTERLINE WATER EASEMENT TO SAN DIEGUITO
IV WATER DISTRICT PER AMENDED MAP OF ENCINITAS \
MAP No. 13258, TRACT No. 94-066, UNITS I, 11 AND \
x III, ACCORDING TO THE MAP THEREOF No. 13333 \
33
LEGEND
EXISTING LOT LINE
PROPOSED EASEMENT
-——— - EXISTING EASEMENT
SHEET 2 OF 2
EXHIBIT "B" �+�a► �al, lIl
N CITY OF ENCINITAS, CALIFORNIA C Engineering, lac. addl Kk Giknp flo
--- _
flail Ewv?pee�ipglL�ad SorreyingJtind Ili�piag
(114)Wall
Parce 1 name: Water Easement ------------------------------------
North
Line Course: S 4 2-1 0-2 5 E Length c 72_7 9
Nort2]: 5095.4253 £ast _ 102H1_9'751
Line Course. S 4'7-g5-39 W L�ngttac 24.95
NOrth: S O'7 B_6 5 3 3 East : 1 0 2 6 3.5 0 3 5
Line Course c N 4 7-4 5-3 9 £ Leragt h e �4 g g
North: 5 0 9 5_4 2 5 3 Eaat 1 0 2 8 1_9 7 5 1
Line Coura e c N 4 2-1 0-2 5 W Length: 7 2_7 9
North=
534 9.3�1 O
Perimeter:
19s-A9 Area: O sq_ £t. 0-00 acre s
Mapche c3c Clo sure - (Use s 1 i steel courses, radii, and de 1 tas
Error C1 oaure= O_O O 00 Course a S SO-00-00
g
Error North: O_OOOOO Ea et _ O_OOOOO
Precision 1: 1 9 5,400, 0 0 0_00