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2009-158727 DOC # 2009-0158727 RECORDING REQUESTED BY: 111111111111111111111111111111111111111111111111111 IN IN OLIVENHAIN MUNICIPAL WATER DISTRICT MAR 30, 2009 2:33 PM AND WHEN RECORDED MAIL TO: ) OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L.BUTLER.COUNTY RECORDER NAME OLIVENHAIN MUNICIPAL WATER FEES: 0.00 OC: NA STREET DISTRICT N PAGES: 6 ADDRESS 1966 NCINI OLIVENHAIN ROAD IIUIII Hill Hill Hill IIIII Hill Hill Pill Hill Hill gill Hill HInPill oil 101 CITY ENCENITAS STATE CALIFORNIA ZIP 92024-9761 Title Order No. 830015776-U50 This space for Recorder's use Tax Parcel No's. 216-122-40-00,portion NO DOCUMENTARY NSSFFER TAX NO FEE Wo 4l' 5b-kao 5976 GRANT OF WATER EASEMENT BIGHAM FAMILY TRUST UDT DATED SEPTEMBER 27,2002,(hereinafter"GRANTOR")hereby grants to the OLIVENHAIN MUNICIPAL WATER DISTRICT,a public agency(hereinafter"GRANTEE"),its successors,or assigns,the following described non-exclusive easement(s),in gross,for a right-of-way in,upon,over,under and across the lands described below,and to erect,construct,reconstruct,replace,repair,maintain,and use a pipeline or pipelines for any and all purposes,together with any other facilities, fixtures and appurtenances, including,but not limited to,facilities for power transmission and communication purposes,at such locations and elevations,upon,along,over and under the right-of- way described herein as GRANTEE may now or hereafter determine in its sole discretion without any additional compensation therefor,together with the right of ingress and egress from the easement(s)by a practical route or routes in, upon,over,or across the land described below,together with the right to use said casement(s)for access to GRANTEE's rights of way situated in adjacent lands,without any additional compensation therefor. The land encompassing said easement(s)is situated in the County of San Diego,State of California,and is more particularly described as follows,to wit: Being a portion of Parcel 1 of Parcel Map No. 19619, in the City of Encinitas, County of San Diego, State of California, recorded in San Diego County Recorders Office December 8, 2004 as File No. 2004- 1154727. Said easement(s)of right-of-way in the aforesaid lands are more particularly described as follows,to wit: See Exhibit 'A' (legal description) and Exhibit `B' (plat) attached hereto and made a part hereof. GRANTOR, its heirs, successors, or assigns, shall not erect or construct or permit to be erected or constructed, any building, structure or improvement of any kind on, over or under any portion of the easement(s), nor shall GRANTOR, its heirs,successors,or assigns,plant any tree or trees or plant any other vegetation or flora,nor dig or drill any hole or wells on any portion of the easement(s). In the event GRANTOR or its heirs, successors, and assigns places, or permits to be placed, any encroachment on any portion of the easement(s),GRANTEE shall have the right to remove the encroachment after five(5)days written notice to GRANTOR, and GRANTOR or its heirs, successors, and assigns agrees to pay all fees and costs, including staff and engineering costs and attorney's fees,incurred by GRANTEE in removing the encroachment. All fees and costs incurred by GRANTEE, including staff and engineering costs and attorney's fees,shall earn interest at the rates set by California law for interest on judgments. 5977 GRANTEE may, in its sole discretion, erect, maintain, or use gates in all fences which now cross or later cross any Portion of the easement(s). GRANTEE shall also be entitled to trim,cut, or clear away any trees,brush,or other vegetation or flora from time to time as GRANTEE determines in its sole discretion without any additional compensation. GRANTEE shall be entitled to partition, assign,joint venture,or share all or any portion of said easement(s)with any other person or entity, including, but not limited to, any person or entity supplying services or facilities to the public as GRANTEE may determine in its sole discretion without paying any additional compensation to GRANTOR or GRANTOR's heirs,successors,or assigns,therefor. This easement is subject to the terms and conditions of the Leucadia Wastewater District(LWD)easement recorded on September 14, 2004 as Doc. No. 2004-0874707. GRANTEE agrees to submit plans for any future easement grants or installation of new water facilities within the easement area to LWD,and to allow LWD the opportunity to review any such grant or use in order that LWD is reasonably assured its easement rights and sewer facilities are protected. GRANTOR, its heirs,successors,or assigns,agrees that no other easement or easement(s)shall be granted on,under,or over said easement(s)without obtaining the prior written consent of GRANTEE. GRANTEE may at any time increase its use of the easement(s),change the location of pipelines or other facilities within the boundaries of the easement(s) right-of-way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to GRANTOR or GRANTOR's heirs, successors, or assigns, provided GRANTEE does not expand its use of the easement(s) beyond the easement boundaries described herein. i It is also understood and agreed by the parties that the GRANTOR and the GRANTOR's heirs, successors, or assigns, shall not increase or decrease or permit to be increased or decreased the ground elevations within the above described easement(s)which exist at the time this document is executed,without obtaining the prior written consent of the GRANTEE. In the event of any dispute involving this Agreement, whether or'not litigation is commenced, or if any arbitration proceeding,administrative proceeding or litigation in law or in equity,including an action for declaratory relief,is brought to enforce or interpret the provisions or performance of said easement(s),the prevailing party shall be entitled to an award of all attorney's fees and the costs of the proceeding, which shall be determined by the court of the presiding officer having authority to make this determination. GRANTOR expressly warrants and represents that GRANTOR has the power to grant said easement(s) in accordance with its terms. GRANTOR has executed said Easement(s)this day of Vfs 8 Y u R IIY 20 d)q . BIGHAM FAMILY TRUST UDT DATED SEPTEMBER 27,2002 rrY R.Bigha - rustee PAM( A,�7AZFA%i anet .Olson-High-A,Co-Tru ee R/W N0. 830015776-U50 DRAWN BY Civil Consulting Group,Inc, CHECKED BY OMWD t V ACCT.No. 567600 DATE February 11 2009 5978 ACKNOWLEDGMENT FORM FOR DOCUMENTS: STATE OF CALIFORNIA , COUNTY OF San IJ t P.t o On Feb. a3, axgD before�mle, meksa. L. Qe.inc -A a Notary Public,personally appeared fnn1 U Y fh et �Ahe-F I/J. ��Son - .I,IA�naYVt who proved tome on the basis of satisfactory evidence to be the person(s)whose name(s)49/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies)and by hi,4=their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. A I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. s MUM L RIZD WITNESS my hand and official seal. Cotnmlobn 0 te711 courdy Signature � Q Myegr�irr�� ,2ot Melissa L. K e/Hard Name(typed or printed),Notary Public in and for said County and State. (seal) 5979 EXHIBIT"A" LEGAL DESCRIPTION WATER EASEMENT TO O.M.W.D. BEING A PORTION OF PARCEL 1 OF PARCEL MAP NO. 19619, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN SAN DIEGO COUNTY RECORDERS OFFICE DECEMBER 8, 2004 FILE NO. 2004-1154727; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL 2 OF PARCEL MAP 19619; THENCE S 00°31'02"W, A DISTANCE OF 167.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 89°28'58"E, A DISTANCE OF 218.92 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 19°52'33'; THENCE EASTERLY ALONG THE ARC, A DISTANCE OF 34.69 FEET; THENCE S 69°36'25"E, A DISTANCE OF 42.09 FEET; THENCE S 00°31'02"W, A DISTANCE OF 23.39 FEET; THENCE N69 036'25"W, A DISTANCE OF 5.21 FEET; THENCE N 20°23'35"E, A DISTANCE OF 5.00 FEET; THENCE N 69°36'25"W, A DISTANCE OF 44.83 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 83.00 FEET AND A CENTRAL ANGLE OF 19 052'33"; THENCE WESTERLY ALONG THE ARC, A DISTANCE OF 28.79 FEET; THENCE N 89°28'58"W, A DISTANCE OF 218.92 FEET; THENCE N 00°31'02"E, A DISTANCE OF 17.00 FEET TO THE TRUE POINT OF BEGINNING CONTAINING 5,051 SQUARE FEET OR 0.12 ACRES. END OF DESCRIPTION. Ti. � 25-o8 RICHARD EUG E GADDY DATE LICENSED LAND SURVEYOR, yt�,0 LAND SG U�[� �EUGE\�9L� J ¢ 9 na �saa22 * EV.MO-200 * � 9��FCAI\�P� EXHIBIT 'B' I';--- ; wA/ERfawar= Ao51sr/ a 12 OLIVENHAIN MUNICIPAL WATER EASEMENT ' 619 AQtES ( J PER PARCEL MAP 196/9 O J/4"LP. PER P4 19619 • ? J.P. PER PM 19519 9 0 a M-10 STREET Ma WMENT PER PM 19619 5 BAS'S OF BEARING I ' •� : I [RAIAINDER PARca] 1HE BASS OF BEAR/NC FOR /Nis PUr [PARCEL 31 IS INE SOM PRMTY LINE OF 1 Ll PARCEL MAP 19619. 169.!0 J LOOJ102' — LE. N 89J056"W [N00;7107 f _ __ N 693625" W :[ LJ [146.78']]" 4209' 4:•.. �n 1 N ai ls' w ExlsnNC EASEMENTS EMERCINCY ACCESS EASEMENT PER PM 19619. R=IOa00' ; 6=1932'JJ [�j PUBUC URLITY EASEMENT PER PM 19619. j L=JA69' I R=8100' & PRIYAIE ACCESS EASEMENT PER DOC; �.I L-2&79' /2006-0274224 RECORDED 04-19-2006 I i L sEm EASEMENT GRANTED ro LEUCADU WASIMAIER asmrcT PER DOC 9004-0674707, 24,00„ RECORDED 09-14-2004. H J4• © PUBUC URU= INGRESS 3 EMESS EASEMENT I [PARCEc z] a �t-- t� [PARCEL 1 GRANIEO ro SDGRE PER DOC: /2005-0580659, ^1 0 I irh'i�,ly C14. PM 19619) RECORDED 0711-2005 ; I APN.• 216 112 40 1 �,�� L�7 I ��••,I tOIE ME 1A I J LINE 6'EARING LENGTH q N . h , . ml� I �,.� I• � cl NGOJro2T 2239' , h1, l 1 1 W + sv L2 N69725'W A21' iz1 I :•1'; I I I : ;:I•I: cJ N2023•JSlf sDO• I I I c..t POINT OF COMMENCEMENT. i I. `I; TRUE POINT AW 1 (N 00J1'02£] ff[N69J EJ [167.221 [150.22) 8.001 (17.001 � E� l A N D S[NOOJI'o2E] + Q LAND'02 f 167227 (167.22) BELLA VISTA DRIVE 0 No. LS4422 EXPIRES 9-30-2009 30 0 30 60 90 SCALE = 1'=60' f OF CA1 �F� F PROJEcr• BELLA VISTA WATER EASEMENT REFERENCES.- PLAT ACCT. NO 20286.01 ���p OF EASEMENT REQUIRED BY THE R1W N0. 00010i�L-!/50 11111'�r No. OLIMVWN MUNWAL WA1ER D67W TAY PAR. 216-122-40 SCALE.- I'a 60' CM CONSULTING CROUP, INC. OWE 11-25-06 5981 This is to certify that the interest in real property conveyed by the Deed or Grant dated. B2�A2`f 23- 2009 From i3/6kFAM FAr tlLy Ti205T UDT DAZED SZyT 182 27, 20o 2 to the Olivenhain Municipal Water District, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the Board of Directors pursuant to authority conferred by Resolution of the Olivenhain Municipal Water District adopted on April 6, 1961, and the grantee's consent to Recordation thereof by its duly authorized officer. q Dated: D— By: imberly A,T , rner, General Manager Olivenhain nicipal Water District t 4 1