2006-110451 DOC # 20906-0110451
RECORDING REQUESTED BY: rJ 1 1111111 IIII VIII III (IIII VIII VIII VIII IIII IIII (IIII VIII IIII IIII
OLIVENHAIN MUNICIPAL WATER DISTRICT
OA FEB 15, 2006 2:23 PM
AND WHEN RECORDED MAIL TO: Vim' ' " OFFICIAL RECORDS
111 h� SAN DIEGO COUNTY RECORDER'S OFFICE
NAME OLIVENHAIN MUNICIPAL WATER Pf FEES OR1 d SMITH,
0.00 COUNTY RECORDER
DISTRICT 10955 OC: NA
STREET PAGES: 7
ADDRESS 1966 OLIVENHAIN ROAD
CITY ENCINITAS IIBIII Hill Hill Hill 1NII Hill Hill Hill Hill III Bill Hill Hill pill 1IdI
STATE CALIFORNIA 2UU6-0'110451
ZIP 92024-9761 This space for Recorder's use
Title Order No. 33041110-U50 NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No's. 257-062-32
GRANT OF EASEMENT
NORTH COAST HEALTH CENTER LLC a California Limited Liability Comoany.(hereinafter"GRANTOR")hereby
grants to the OLIVENHAIN MUNICIPAL WATER DISTRICT,a public agency(hereinafter"GRANTEE"),its successors,or
assigns,the following described exclusive easement,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 below 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 by a practical route or routes in,upon,over,or across the land described below,together with the right to use said
easement for access to GRANTEE's rights of way situated in adjacent lands,without any additional compensation therefor.
The land encompassing said easement is situated in the County of San Diego,State of California,and is more particularly
described as follows,to wit:
The Northerly 510.00 Feet(Measured Along The Westerly Line)Of That Portion Of The Northwest Quarter Of
The Southeast Quarter Of Section 11,Township 13 South, Range 4 West, San Bernardino Merdian, According
To The Official Plat Thereof Lying Easterly Of The Easterly Line Of County Road Survey No. 682 (60.00 Feet
Wide) As Described In Deed To The County Of San Diego, Recorded October 26, 1951 In Book 4264, Page
305 Of Official Records.
Excepting Therefrom Tha Portion Lying Westerly Of The Easterly Boundary Of That Portion Of County Road
Survey No. 1800-1 (Known As El Camino Real) As Described In Parcel 67073-A,To The County Of San
Diego, Recorded June 6, 1968, As File No. 94884.
Said easement of right-of-way in the aforesaid lands is 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, 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.
In the event GRANTOR or its heirs,successors,and assigns places,or permits to be placed,any encroachment on any portion of
the easement, GRANTEE shall have the right to remove the encroachment after five (5) days written notice to GRANTOR, and
H:\001X5 \Oocs\grantofwatar.dne
10956
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 cam interest at the rates set by California law for interest on judgments.
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. 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 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.
GRANTOR, its heirs, successors, or assigns, agrees that no other easement or easement shall he granted on, under, or over said
easement without obtaining the prior written consent of GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of pipelines or other facilities within the
boundaries of the easement 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 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 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,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 in accordance with its terms.
GRANTOR has executed said Easement this Z--1 day of
9
WU leas,2az4 ,
NOR H R,,a California Limited
Liability n
B
Title: U
R/W NO. 33041110-U50 ' v
DRAWN BY:Partners Engineering
CHECKED BY: (RG) Boyle Engineering Corp.. \ 1
ACCT. No. SD-001-564-00
DATE: N vember 1 2005
H:\001\564kDocs\grantotwater.doc
10957
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof Sa , iseL O
On _�nud. 23 amw beforeme,Jv-1ie
N"O lu d Oman..,Vmw DA,Ndmr
personally appeared �QV�d Qetd'-CP_
N.W.)d sywtq
❑personalty known to me
*proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(sx3am
subscribed to the with' instrument and
S. acknowledged to me tha0)sheRhey executed
C f IM477 the same in (9hecA' @0 authorized
Not .CWO"" capacity(ies), and that by ( • r
• DOW Canty signature(s)on the Instrument the person(s),or
C pr*v the entity upon behalf of which the person(s)
acted,executed the instrument.
µS YAT,NESS my hand nd Kci sal.
CCmmlttbrl l U4Itl7
sm Diego Cants
8pamro Of Ndery Pudk
:ACarrm,f5ples,kn2B.
OPTIONAL
Thoto me Wormetlon below is rat mgNrod bylaw,it may prove vawable to persons rvy'*V on the don,mam and courdioevem
fraudulent removal and reatledment of this loan to another doa L
Description of Attached Document ((��
Title or Type of Document: G(�.ly* DT Za,<P_ C\t
Document Date: Ok'13—okO Number of Pages:
Signer(s)Other Than Named Above: A•
Capacity(ies)Claimed by Signer R
Signer's Name: G� • �C�}`«e
D Individual l opa thumb here
X Corporate Officer—Title(s): Qf CS1C�C(1T �14r�aAtc�a t�¢vr be.^
D Partner-D Limited D General
Cl Attomey-In-Fact
• Trustee
• Guardian or Conservator
Other: M0.r�QQtf\afh�eSLr
Signer Is Representing: Nb°Vr�, C0Qe,+ 4.QA4N f;e�_ LLC.
0 IM Npary•{gtlabl•MD.ada Ma,P.O.BV NOt•Chmwvi.G 91313I(* nx.rb V.Wyap PW.ft.580/ nNdeN:Cal TdWM 14004?02
10958
EXHIBIT `A'
LEGAL DESCRIPTION
WATER EASEMENT
BEING A PORTION THE NORTHERLY 510.00 FEET(MEASURED ALONG THE
WESTERN LINE) OF THAT PORTION OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 13 SOUTH, RANGE 4 WEST,
SAN BERNARDINO MERIDIAN,ACCORDING TO THE OFFICIAL PLAT THEREOF
LYING EASTERLY OF THE EASTERLY LINE OF COUNTY ROAD SURVEY NO. 862,
(60.00 FEET WIDE) AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO,
RECORDED OCTOBER 26, 1951 IN BOOK 4264,PAGE 305 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY
BOUNDARY OF THAT PORTION OF COUNTY ROAD SURVEY NO 1800-1
(KNOWN AS EL CAMINO REAL) AS DESCRIBED IN PARCEL 67073-A TO THE
COUNTY OF SAN DIEGO, RECORDED JUNE 6, 1968 AS FILE NO. 94884. BEING
VARYING STRIPS OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP NO.
17536, ALSO KNOWN AS THE POINT OF BEGINNING; THENCE ALONG SAID
BOUNDARY LINE
1. NORTH 88 042'42" WEST 231.45 FEET TO THE TRUE POINT OF BEGINNING;
THENCE
2. NORTH 88 042'42" WEST 24.00 FEET; THENCE
3. NORTH 01017'18" EAST 19.89 FEET;THENCE
4. NORTH 88 042'09" WEST 200.26 FEET; THENCE
5. NORTH 01°17'51" EAST 16.23 FEET; THENCE
6. NORTH 88 042'09" WEST 5.00 FEET; THENCE
7. NORTH 01017'51"EAST 5.00 FEET; THENCE
I
8. SOUTH 88 042'09"EAST 5.00 FEET;THENCE
9. NORTH 01017'51"EAST 79.64 FEET;THENCE
10. NORTH 88 042'09" WEST 58.75 FEET TO A POINT ON THE SIDELINE OF THE
EXISTING WATER EASEMENT
Page 1 of 2
10959
GRANTED TO THE OLIVENHAIN
MUNICIPAL WATER DISTRICT PER
DOC.NO. 87-147499 RECORDED
MAR. 23, 1987; THENCE ALONG THE
EASTERLY SIDELINE OF SAID
EASEMENT
11.NORTH 01017'18" EAST 30.00 FEET; THENCE
12. SOUTH 88 042'09"EAST 82.76 FEET; THENCE
13. SOUTH 01 017'51"WEST 43.53 FEET; THENCE
14. SOUTH 88 042'09"EAST 7.50 FEET; THENCE
15. SOUTH 01°17'51" WEST 5.00 FEET; THENCE
16.NORTH 88 042'09" WEST 7.50 FEET; THENCE
17. SOUTH 01 017'51"WEST 58.34 FEET; THENCE
18. SOUTH 88 042'09" EAST 237.26 FEET; THENCE
19. NORTH 0101TI 8"EAST 160.48 FEET; THENCE
20. NORTH 89 036'05" WEST 15.72 FEET; THENCE
21. NORTH 00023'55"EAST 10.00 FEET;THENCE
22. SOUTH 89 036'05"EAST 41.88 FEET TO A POINT ON THE SIDELINE OF SAID
EXISTING WATER EASEMENT; THENCE
23. SOUTH 0101TI 8" WEST 194.89 FEET; THENCE
24. NORTH 88 042'09" WEST 63.00 FEET; THENCE
25. SOUTH 01017'12" WEST 19.89 FEET TO THE TRUE POINT OF BEGINNING.
CONT 0.376 ACRES MORE OR LESS S`Op�al
m o
y a L8.7d43 N p
EV
MIG L MARTINEZ
LS 7443 EXP. 6-30-06 ��gTFOF CAt�F \�
Page 2 of 2
10960 P
LINE DATA TABLE
FL4ULENG7H BEARING EXHIBIT TB� SCALE. 1' = 60'
19.89 N0177'18'E C
16.23 -WO 177'51'E a
500 N88'4209 W Nn PROECT BOUNDRY
500 N017 51 IND/CA7ES WATER EASEMENT
500 S884109 E A1?EA=16,35778 Sr (0376 AC)
30.DO' N01 7 18 P.0..B = N.E. CORNER OF PARCEL 2
LZ 750 S8B4209 F CF PARCEL MAP N0. 17576
L8 500' S017751
L9 7.50 N88'4209
LID 15.72 N893605 TAO.S. = 7RUE Po'NT O<BEGINNING
10.00 N007335 " m
19.89 SO
50177'181V 194.89'
EASEMENT LEGEND:
2
2
26 WATER EASEMENT TO
0 � :€`ii€si `iii!' iii'i"i ( "' ;::•.•...•.........:..:...:.:.:.:.:.>:.:.: :.
OLIVENHAIN MUNICIPAL WATER .p
DISTRICT PER DOC N0. 87-147499 :: N017718� (60.48 r y
REQUIRED MARCH 23, 1987 L SEMON 11
BASIS OF BEARINGS: NWT 14 35Y14 ? ' 11
Tf33 R4JY $
7HE BAS'S Or BEAR INGS FOR 7N/S PLAT/S 7HE NORTHERLY 69BAM
SIBD/WSW BOUNDARY OF P.M. 17536; LE. N8842421W L I �
PROPERTY DESCRIPTION: I T
7HE NORTHERLY 51000 FEET(MEASURED ALCWG 7HE WESTERLY UNE) OF THAT i.,
PC4AOW X THE NO4THW£ST QUARTER OF TH£ SOV7HEAST QUARTER OF
6"
SE0776W 11, 7005YIP 13 50(17H, RAND- 4 WEST, SAN BERNARD/NO MERIDIAN, • `'`` 0.
ACC04D/NG 7D 7HE acna L PLAT THufor LYING EASTERLY OF 7HE EAS7ET7LY
LIVE OF COUNTY ROAD SURVEY NO. 682 (60.00 fEFT WfDE) AS DESOWCD IN N `�
DEED TO COUNTY OF SAN DIEGO, RECORDED OC7O&R 26, 1951 IN BOOK 4264, 2 N
PAGE 305, DR. I L 11
EXETP77W 7H£R£fROV THAT POR770W LYING WESIEWY 6F THE EAS7ETTLY .6h Q
BOUNDARY OF THAT PCR77OW OF COUNTY ROAD SURVEY NO. 1800-1 (KNOWN R
AS EL CAMINO REAL) AS DESG?IBED /N PARW 67073-A /N DEED 70 COUNTY
OF SAN DIEGO REC040E9 JUNE 6, 1968 AS FILE N0. 94884.
S0177'51' 7 LB915017 /�f'
oaP� LApo 4.L53' 58q
PARTNERS 5 4R
� �o`� riy PL
Planningan Engineering 4 :: :::is[i;s''i:i'i '•
® 15938 Bernardo Center Dr. L.S. 7443 ~ o N017751
San Diego, CA. 91127
06 /06 z �' " I79.64't LS L4 L3
Ph. (858)376-3444
F (838)376-3553 �lgTF OF i$' 2
IHI PLAT WAS PREPARED BY ME
OR ER MY DIREC710N: is"L6 2
/4 ZD - P/j
MIGU9 A. MAR17NEZ P.L.S. 7443 DA I �--
PROJECT NORTH COAST HEALTH CENTER SECTION 11 NE 1/4 SE 1/4
T13S R4W SBB&M
REFERENCES- PLA T PR 03-28 ACCT. Iva SD-001-564-00
VALVE MAp, B-5 OF EABEDEVT REOWaW BY 77E R/W Na 33041110-U50
LD. NO. N/A OLIVE11P M AI WOFAL WATER DI87RCT TAX PAR 257-062-32
SCALE SCALE I' = 60' PARTNERS ENGINEERING
BASE AGIP 10-20-05
478WTRESMTI.dwa 12-20-05 8:18:50 am EST .CHFFT 1 nF t
10961
This is to certify that the interest in real property conveyed by the
Deed or Grant dated 90"
From t,{pA tna* kdM &Akr Itt n Pe4664
L1miied f,;nhla Lt�meaKu
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.
Dated: / IN 0"" 016OU
David C. McCollom, General Manager
Mr
, 7
_ 4.