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2012-113468 a o C n 2012-0113468 1111111 IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII RECORDING REQUESTED I3Yo �('� t FEB 28, 2012 4:09 PM OFFICIAL RECORDS SAN DIFGUITO WATER DISTRICT SAN DIEGO COUNTY RECORDER'S OFFICE FOR THE BF NFFIT OF THE DISTRI G'T Ernest J. Drnnanburg_.l r__COUNTY RECORDER PJ�` FE E S: O.00 T OC: NA WHEN RECORDED MAIL TOc � PAGES: SAN DIEGUITO WATER DISTRICT \ 1 111111 IIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII 160 CALLE MAGDALENA ENCINITAS, CA 92024 APN: 258-190-19-00 GRANT OF EASEMENT FOR WATER LINE The undersigned, Bellflower Capital, L.P., a California limited partnership, 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, an non-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 or growths detrimental to the uses herein granted. The lands in which such easement of- 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 easemcnt of right-of-way across the aforesaid lands shall Be as follows: SFF EXHIBITS "A" 8z "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 signaga shall Be deemed not to unreasonably interfere with Grantee's rights hcrcunder)_ 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 cornmonly used for blasting purposes. Lumberyard Eascmem And the Grantee hereby agrees that it will avoid unreasonable interference with the use by Grantor and his successors of 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-of-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 expense of the Grantee. Executed this 26 day of 2012. By: ...��� NAME Joseph I901Pah90r` TITLE 7-' s .r,,s Bellflower Capital, L.P. (Notarization of GRANTOR'S signatures are attached) This is to certify that the interest in real property conveyed by the deed or grant dated I from Bellflower Capital, L.P., a California limited partnership to the SAN DIEGUITO WATER DISTRICT, a governmental agency is hereby accepted and SAN DIEGUITO WATER DISTRICT consents to recordation thereof by its duly authorized offer. Dated ��- �""� , 2012 By: J- �-- William O'Donnell Interim General Manager (Notarization not required) Lumberyard Easement CERTIFICATE OF ACKNOWLEDGMENT State of California County of o S r> Ge\e On �Uyj y r)14.'201'Z before me, � So. _ s�o = , Notary Public, person-ally appeared S v I e�A (C41 V- who proved to me on the basis of satisfactory evidence to be th person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/494their authorized capacity(ies), and that by his/hertteir signature(-&) on the instrument the person(s), or the entity upon behalf of which the persons) 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. WITNESS my hand and official seal. ¢ ALISA L. BIS70-P-----1 - .. Commission # 1904711 Notary Public-California z Z Los Angeles County My Comm.Expires Sep 19,2014 31 uiv'Q� � Signature of Notary Public (Notary Seal) EXHIBIT "A" LEGAL DESCRIPTION That portion of the Parcel 7 of Parcel Map 12092 in the City of Encinitas, County of San (Diego, State of California recorded May 6, 1982 as file no. 82-134066, described in Grant Geed recorded June 1. 2007 as document no. 2007-0372233 in the office of the county recorder of said county, described as follows Beginning at a point on the westerly ling of said Parcel 7 lying North 05°22'18" West 106.00 feet along said westerly line from the southwest corner of said Parcel 7, Thence along said westerly line of Parcel 7 North 05°22'18" West 12.50 feet; Thence leaving said westerly line of Parcel 7 North 84°37'42" East 4.00 feet; Thence South 05°22'18" East 12.50 feet; Thence South 84°37'42" West 4.00 feat to the point of bBginning. Containing 50.00 square feet more or less. Attached hereto and mach a part of this legal description, is a plat labeled Exhibit "B". This real property description has been prepared by me, or under my direction, in conformance with the professional land surveyor's act. Signature (Date EeE 4/ v EXHIBIT " B " 4 1 1 NOTE: BEARINGS 8c DISTANCES 1 SHOWN HEREON ARE BASED ON RECORD INFORMATION PER SGALE l"=ao' PARCEL MAP 12092. 1 1 1 --� N84'37'a2"E PARCEL 7 4.00' N05.22'l8"w SOS'22'l8`E 4 12 - l 2. P O 4.oa' c 584.37'42°W C 1 DOCK/ 2007-0372233 1 N 1 O� AND S. �� 1 IS, 1 SO07HWEST CORNER _— •-•- --� OF{PARCEL-7 -- —. — c 8 No. 7790 A S E.P. t2/3l/lJ Q CF**-`F ® DENOTES EASEMENT ACQUISITION AREA THIS PLAT WAS PREPARED BY ME OR -50-00 SQUARE FEET MORE OR LESS UNDER MY DIRECTION IN CONFORMANCE WITH THE_ PROFESSIONAL ND SURVEYOR'S ACT_ LuMP9ERGER. PLS 7790 SAN I]IEGtJITO WATER DISTRICT Right-or-Way Engineering Services, Inc. VESTING: BELLFLOWER CAPITAL, L.P., A 615 s. Trern ont Street Oaetanside. CA 900054 CALIFORNIA LIMITED PARTNERSHIP (7Ci0) 63'7--2'700 FAX ( 0) 637-2701 r-�iP Nqm a- k-iWY lDl Aces Hordwo'76re WM Eose�rn¢n i.dwg sae Nc.. ?oll—Dose—ll DATE: JANUARY 23, 2012 SHEET 1 OF t CO UNTY OF SAN DIEGO ~ s t� nom' Y o A S SEE S SOR / RECORDER / COUNTY CLERK ��_- C C G 4�V ..M C-e3 iW•�v RECORD EI2/CO UNTY CLERK'S OFFICE ASSESSOR'S OFFICE 1600 Pacitic Highway,Suite 260 wwwsdarcc.com 1600 Pacific Hi hwa g Y,Suite 103 P.U. I.(x ')238 '" San[V—( CA 92112/15 San 36-37 1- 92101-2480 I.(619)238-8158°' Fax(619)557-4155 Tel_(619)236-3991"` Pax(619)557-4056 BATCH #: 330376320120228 UOG'UMENT#'S: 2012-0113468 RECORDING DATE: FEB 28,2012 4:09 PM TOTAL DUE: 0.00 SERVICES AVAILABLE AT SERVICES AVAILABLE ON-LINE AT OFFIC F. 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