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2009-158729 DOC # 2009-0158729 RECORDING REQUESTED BY: 1 1111111 IIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII OLIVENHAIN MUNICIPAL WATER DISTRICT lY S�Ip MAR 30, 2009 2:33 PM AND WHEN RECORDED MAIL TO: ° OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE DAVID L.BUTLER,COUNTY RECORDER NAME OLIVENHAIN MUNICIPAL WATER FEES: 0.00 DISTRICT OC: NA STREET PAGES: H ADDRESS ENCINIIVENHAINROAD Ilnlll gill Hill llllllllli Hill oil Hill Hill Rill Rill hill hill Hill oil l9l CITY ENCMITAS STATE CALIFORNIA ZIP 92024-9761 Title Order No. 830015779-U50 This space for Recorder's use Tax Parcel No's. 216-122-43.00,portion and NO DOCUMENTARY TRANSFER TAX NO FEE 216-122-44-00,portion GRANT OF WATER EASEMENT 1521 BELLA VISTA ENCINITAS, LLC,a California Limited Liability Company,(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 easement(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 4 and a portion of Remainder Parcel 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' Parcel 1 and 2 (legal descriptions) and Exhibit R3' Parcel l and Parcel 2 (plats) 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' 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. j 5990 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. t t 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 easemen(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. 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)',tAe prevailing party shall be entitled to an award of all attorney's fees and the costs of the proceeding,which shall be determined by tl;e 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 YM day of 20 0 . BELLA VISTA ENCINITAS,LLC A CALIFORNIA LIMITED LIABILITY COMPANY Christopher S. Dreher,Manager R/W NO. 830015779-U50 DRAWN BY Civil Consulting Group,Inc. CHECKED BY OMWD ACCT.No. 567600 DATE February 1I 2009 5991 ACKNOWLEDGMENT FORM FOR DOCUMENTS: STATE OF CALIFORNIA COUNTY OE, I�,»On � before me,J=�� n / a Notary Public,personally appeared who proved to me on the basis of satisfactory evidence to be the person(e) whose names)is/are- subscribed to the within instrument and acknowledged to me that helsheAlvey executed the same in his/herltheir authorized capacity(ies)and by hisAwwA re r signature*on the instrument the person(s),or the entity upon behalf of which the person*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. x SM WIT S my hand d official seal, L Mom C� T M FUMJC 8�10PS�tt 11 Sign c � taro�otnaiow w&w� j Name(typed or printed),NotaNky Public in and for said County and State. (seal) i 5999 EXHIBIT"A"- PARCEL 1 LEGAL DESCRIPTION WATER EASEMENT TO O.M.W.D. BEING A PORTION OF PARCEL 4 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: I COMMENCING AT THE NORTHWEST CORNER OF PARCEL 2 OF PARCEL MAP 19619; THENCE S 89°27'43"E, A DISTANCE OF 570.31 FEET; THENCE S00°31'02"W, A DISTANCE OF 128.84 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT ALSO BEING THE BEGINNING OF A CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S 00°31'02"W, A RADIAL DISTANCE OF 117.00 FEET; THENCE EASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 14°50'29", A DISTANCE OF 30.31 FEET; THENCE S 74 038'29"E, A DISTANCE OF 154.47 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 23.00 FEET AND A CENTRAL ANGLE OF 75°31'18"; THENCE EASTERLY ALONG THE ARC, A DISTANCE OF 30.32 FEET; THENCE N 16°26'46"E, A DISTANCE OF 20.69 FEET; THENCE S73 033'14"E., A DISTANCE OF 12.13 FEET TO THE POINT OF CURVE OF A ; NON TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S26 009'26"E, A RADIAL DISTANCE OF 41.00 FEET; THENCE EASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 55°03'29", A DISTANCE OF 39.40 FEET TO THE POINT OF CURVE OF A TANGENT CURVE TO THE RIGHT, OF WHICH THE RADIUS POINT LIES S 28°54'11"W, A RADIAL DISTANCE OF 41.00 FEET; THENCE SOUTHERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 166°50'10", A DISTANCE OF 119.39 FEET; THENCE N 74 038'29"W, A DISTANCE OF 216.16 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 83.00 FEET AND A CENTRAL ANGLE OF 14°50'29'; THENCE WESTERLY ALONG THE ARC, A DISTANCE OF 21.50 FEET; THENCE N 00°31'02"E, A DISTANCE OF 34.00 FEET TO THE TRUE POINT OF BEGINNING,CONT�!N NG 12,665 SQUARE FEET OR 0.29 ACRES. END OF DESCRIPTION. ti}1NO SG EUGE 9G RICHARD E ENE GADDY DATE x Na LS4422 g p LICENSED LAND SURVEYOR * Up.9.30,200 9�opCAU�Q� 5993 WAIEREASE1IENr= /Z665 Sr/ EXHIBIT B - PARc El- I a29AORES OLIVENHAIN MUNICIPAL WATER EASEMENT [(Rj 1 PARM MAP 19619 O J/� l.P. PER PM !9619 ,CNf R=46Cb'10" • 1'I.P. PER PM 19619 197f1 ,i; IL=1I9.J9 ° M40 STREET MAVIINENrPER PM 19619 BASES OF BEARING` j ,f .. THE BASS OF BEAIBNC FOR THIS PLAT IS THE i R--41.00 � SOUTH PROPERTY UNE OF PARCEL NAP 19619 L=39.40' ;�;/��f/jI/ll�� LE. N 89303611' I d16i61� j �i f� EXISTING EASEMENTS / 1 I EMERGENCY ACCESS EASEMENT PER PM 19619. 8=75308 .�I R=2100' X4.41/ PuBuc uRUrY EAsxNT PER PN 19619. 3 I L=)031' /� e PRIVATE ACCESS EASEMENT PER DOG ,•� [PA 196 4 066-0274214, RECORDED 04-19-2006. � PM 19619) i`.�='1 R Ir Io ;j/CU 4Q SEVIN EASEMENT GRANTED TO LEUCADLA APN. 216 112 4J /i WASTEWATER DISTRICT PER DOC 9004-0874707, RECORDED 09-14-2004. PuBuc uRURES nvGrm&EGRESS EASEMENT ORANTED TO SOW PER DOC /2005-0580659, 11-20 RECORDED 07- 05 � 1 2�ii.•,; � �' [REMAINDER PARM] m � la t3 � R 14w, • UNf TABLE DATA L=JRJ� 'j�/ [ 145029 J 31 [N003!'02E 12884(R)j� �j' i (R° � of UNE BEARTNC LENGTH [L=11.50' a TRUE PANT or m LI N167646E 2x69' [PARM 3J - BEGNNINO �I L2 N7J'JJ'14'W 12.IX , —Li NOD'JI'01E )4.00' PARL�L 1 I �I al"? [ 1 I I 'I—TBELLA AZUL COURT 2 r POINT OFCOVAffNMfMr. I I III [PARCEI 11 LAND N003102Ej I a`'PQ EUGENE-A' [N003I01£] (167.77) [!67.77) o A [N8977'4J"W 28.001 (N0031 '07"Ej --[N003I'02E 167727 -- -- [16722) -- * No. LS4422 K 9-30-2009 BELLA VISTA DRIVE sl EXPIRES �r qtF OF CALLE��� I 30 0 30 60 90 f i SCALE = 1'=60' PROJECT. BELLA VISTA WATER EASEMENT REFERENCES: PLAT A=.. NO. 20286-01 MAP No. 19M OF&MWENT REDUIREO BY THE I O. 8300j�}2�,- 01MMW NW1WAL WATER DLSIRICT SOUS• 1'- 60' CML CONSULT NG GROUP, 1NC. WE 11-25-08 - -- -- 5994 EXHIBIT"A"- PARCEL- Z LEGAL DESCRIPTION WATER EASEMENT TO O.M.W.D. BEING A PORTION OF THE REMAINDER PARCEL OF PARCEL MAP NO. 19619, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED K*,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 89°27'43"E, A DISTANCE OF 292.50 FEET; THENCE S00°31'02"W, A DISTANCE OF 205.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 69°36'25"E, A DISTANCE OF 6.59 FEET; THENCE S20 023'35"W, A DISTANCE OF 5.00 FEET; THENCE N 69°36'25"W,A DISTANCE OF 4.79 FEET; THENCE N 00°31'02"E, A DISTANCE OF 5.32 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 28 SQUARE FEET OR 0.0006 ACRES. END OF DESCRIPTION. RICHARD EU NE GADDY DATE LICENSED LAND SURVEYOR j 0 V1ND.3/ ` GEA'F 9�6` V� �r O Na LS4422 g F * EV.9-30-200 # �9 �s ��CAUF°Q _ 5995 PARCEL 2 %i j�' WATER EASEMENT- 28 SF EXHIBIT B — �-��%� OLIVENHAIN MUNICIPAL WATER EASEMENT [ 1 P(R) NAP /96/9 (RJ RADIAL BEARING IN/g [A-16652'057 I O 3/1"p. PER PY 19619 [R=41.007 I • 2 I.P. PERT 19619 SI qp.o�l f r�- [L=119.41 J I G M-10 STREET YLWUYENT PER PY 19619 BASS OF BEARING` 1 I THE BASS OF BEARING FOR 7N/S PUT IS 7HE \ I SOUTH PROPERTY LINE OF PARCEL MAP 19619 LE N BYJ036"W ,� �• 1� DasnNG EASEMS g I EMERGENCY ACCESS EASEMENT PER PM 19619 V// 43 L�1 PMC URUTY£AS00VT PER PM 19619. v;� [PARCEL 4] l r [REMAINDER I © PRIVAX ACCESS EASEMENT PER DOG /( r� PARCEL I RWS-0274224, RECORDED 04-19-20106. l ' PM 19619) I'G SEx�EASEUENT GRANTED TO LEUCAD/A WASTEWATER DISTRICT PER DOC 9004-0874707, 4` APN: 216-122-44 RECORDED 09-14-2004. [A--1450197 I © RWC UT 71a INGRESS B EGRESS EASEMENT Ls� - y 6R4N7ED 70 SDGM PER DOC /2005-0580659. (NOO;JI'02"E [R=81007 OO'3 J [L=21.50) a l 3 RECORDED 07-11-7005 [H 892858• WJ �I I I [6a93J [PARCEL J] 11 [R 81000, tih [L-41.92 L1 1.2 i NIA [N6/)442-EJ _ LJ fil [57.847 I 205.46] 1.4 °o -- 1 [A-48'48'5J / I l l [L 1JZ 1.5 72 J I / I / TRUE P BMW OINT OF $ l BEG/NN/NC NOO:JI'01£ 201467 NOOJI'O2 Elm I [PARCEL 2] �l 1 [PARCEL 1] I SCALE = 1•=20' UNE TABLE DATA �p LAND SG PUNT OF I I ��SQp EUGEyf UNE BEARING LENGTH N I NOOJI'07 E I Z227 IN0031,011E] `" v v� 'O P 16722 LI N69J625W 6.59' _ v (N89274J'W 2&007 NOO:T702"E v N007102'E 16722' x167.22 -$ L2 N69'J625V 7.48' No. 1.54422 ( J BORES 9-30-2009 LJ N202J'35E 500' ,� BEUA VISTA 'R DR. 14 N69J625-W 479' Tf OF CAL�F���\P 15 NOOJIOY-f 5J2' 50 0 50 100 150 SCALE - 1•=100' PROJECK BELLA VISTA WATER EASEMENT REFERENCES: PLAT ACCT. An 20286-01 ���p OF EA.S OYT REQUIRED 8Y TH£ R/11'N0 $.' 12r3oo 7A��9-U50 MAP No. IM OUMVWN MUNCRAL WATER D1SNICT TAX PAR. 216-121-44 SC4ff.- I' - 60' CML CONSUL= CROUP, INC. DATE 11-25-06 ..... - 5996 This is to certify that the interest in real property conveyed by the Deed or Grant dated M/-Ka4 �4 7oo9 From BELL f! VI5rq EivC,fNtTigs , Z1-C- 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: 3 0 - 6 / *reA. ner, General Manager in I nicipal Water District ; n ., i