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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.