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2012-56378 D C C ## 201 2-005G375 RECORDING REQUESTED BYo _i IIIIIII X111 11111111111111111111 Dill 11111 IMI IIIII Hill 1111111H IIII JAN 31 ' 2012 4=1 1 PM SAN DIEGUITO WATER DISTRICT OFFI Clot_RECORDS FOR THE BENEFIT OF THE DISTRICT SAN DIEGO COUNTY RECORDER'S OFFICE Ernest L O_m__burg.J,-COUNTY RECORDER FEES: 0.00 WHEN REG'ORDED MAIL" TOo OC NA PACES: x SAN DIEGLJITO WATER DISTRICT IIIIII IIIII"���IIIII IIIII 11111 11111 IIIII 11111111111111111111111111111111111"��IIII 160 CALLE MAGDALENA ENCINITAS, CA 92024 APN= 266-053-26-00 GRANT OF EASEMENT FOR WATER LINE The undersigned, DJEM, LLC, hereinafter designated GRANTOR, for a valuable consideration, hereby grants to the SAN DIEGLTITO WATER DISTRICT, an irrigation district organized and exis[ing 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 easement of right-of-way across the aforesaid lands shall be as follows- SEE EXHIBITS "A" 1ec "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 signage shall be deemed not to unreasonably interfere with Grantee's rights hereunder_ 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 commonly used for blasting purposes. La Norix 266-053-26-00 Easement 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 - day of - 7 '` N 2012. By: Dan Feder Owner DJEM, LLC By: Michael Gallagher Owner DJEM, LLC (Notarization of GRANTOR'S signatures are attached) La Noria 266-053-26-00 Easement ACKNOWLEDGMENT State of: California County of: 0 a, 61'h/lfG l r� �'� before me, (name and title of the officer) personally appeared Dgaz �`'� � who proved to me on the basis of satisfactory evidence to be the person 0 whose nameV; ssl subscribed to the within instrument and acknowled ed to me tha e e/3ki executed the same in V h ltheifauthorized capacity (yes), and that b Is lth&signature(sfon the instrument the personhe entity upon behalf of which the person-(,q 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 4 ' 1 (seal) Signature of Notary Public _ PATTI L. OLIVER COMM.# 1802617 rA N NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MY COMM.EXP.JUNE 20,2012'+ ACKNOWLEDGMENT State of: California County of:; %l Z? 0 P,,klUy���s�0/ , before me, i� (name and title of the off(er) 9 I personally appeared j �� r � �e`'� who proved to me on the basis of satisfactory evidence to be the person (a'j whose name( Is subscribed to the within instrument and acknowledged to me tha64We/Xy executed the same in �bsr/tf*ir-6uthorized capacity(�), and that b�(fi Ohe�ft�eifsignature,2j on the instrument the person(; or the entity upon behalf of which the person�sf 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 seal Si nature of Notary Public (seal) N OMPATTI L. OLIVER N COMM.# 1802617 rA OT ARY PUBLIC•CALIFORNIA N SAN DIEGO COUNTY Y COMP.EXP.JUNE 20,2012 This is to certify that the interest in real property conveyed by the deed or grant dated 1 11-+ 11017- , from DJEM. LLC 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 z , 2012 By: � G William O'Donnell Interim General Manager (Notarization not required) La Noria 266-053-26-00 Easement EXHIBIT"A" LEGAL DESCRIPTION A PORTION OF LOT 9 IN BLOCK 24 OF RANCHO SANTA FE, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1742, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 28, 1922, AS DESCRIBED IN DEED TO PATRICIA K. APPLEGATE AND BRION B. APPLEGATE, EACH AS TO AN UNDIVIDED 50% INTEREST, AS TENANTS IN COMMON, IN DOCUMENT NO. 2005- 1102026 RECORDED DECEMBER 23, 2005 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID APPLEGATE LAND; THENCE ALONG THE SOUTHWESTERLY LINE THEREOF SOUTH 64°39'34" EAST (RECORD NORTH 64 043'17" WEST), 219.16 FEET TO A POINT ON THE SOUTHERLY LINE OF PARCEL 7 AS GRANTED TO THE SAN DIEGUITO IRRIGATION DISTRICT, RECORDED APRIL 14, 1950 IN BOOK 3581, PAGE 282 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID SOUTHWESTERLY LINE OF SAID APPLEGATE LAND NORTH 64 039'34" WEST, 33.07 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 66 013'55" EAST, 38.24 FEET; THENCE SOUTH 69 000'00" EAST, 64.46 FEET; THENCE NORTH 88°30'00" EAST, 67.26 FEET; NORTH 45 000'00" EAST, 195.74 FEET; THENCE NORTH 66°13'55" EAST, 31.92 FEET TO THE BEGINNING OF A TANGENT 483.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE 17.05 FEET THROUGH A CENTRAL ANGLE OF 2°01'20 TO THE NORTHEASTERLY LINE OF SAID APPLEGATE LAND; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 48°14'29" EAST, 26.94 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 7 AND THE BEGINNING OF A NON- TANGENT 508.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26°57'03" EAST; THENCE SOUTHWESTERLY ALONG SAID PARCEL LINE AND THE ARC OF SAID CURVE 28.22 FEET THROUGH A CENTRAL ANGLE OF 3°10'58; THENCE SOUTH 66°13'55" WEST, 27.23 FEET; THENCE LEAVING SAID LINE SOUTH 45 000'00" WEST, 201.03 FEET; THENCE SOUTH 88°30'00" WEST, 82.21 FEET; THENCE NORTH 69°00'00" WEST, 59.14 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 7; THENCE ALONG SAID LINE SOUTH 66°13'55", 6.29 FEET TO THE SOUTHWEST LINE OF SAID APPLEGATE LAND AND THE TRUE POINT OF BEGINNING. P1. AN O 44 E .613011 .� FOF U:\1data\surveys\4972.01sury\letters&documents\LEGALS\497203 WATER ESMT EXB A.rtf EXHIBIT "B " EASEMENT PLAT �D= 7 50 ' L= 139. 45' )1 11 D=7.e50'311 " LA NORIA R=1020.00' (N46'50'00"E 260.00') L=139.60' N46'51'11"E 259.72' POB POR. LOT 9 - BLK 24 MAP 1742 (� A.P.N. 266-053-26 �l EXISTING EASEMENT GRANTED TO THE SAN DIEGUITO IRRIGATION -c� C2 DISTRICT RECD. APRIL 14, 1950 -P 8, r� IN BK 3581 PG. 287 OF O.R. � 10 rn r TPOB Z <10 6,� �� �p PL NOS �. (8 N45'00'00"E'`. . 195 74' CS C7 N45'00'00"E 201.03' � � S xp. 6- 0-12 � N . 7 42 PROPOSED WATER EASEMENT S46'56'24"W 268.66' (S46'54'10"W 268.45') INDICATES EASEMENT AREA AREA = 11,370.70 SF LINE TABLE LINE BEARING LENGTH INDICATES RECORD DATA PER Ll N64°39'34'W 33.07' L2 N66°13'55'E 38.24' DOC. NO. 2005-1102026 RECD L3 S69°00'00'E 64.46' 12/23/2005 OF O.R. L4 N88'30'00'E 67.26' L5 N66'13'55'E 31.92' L6 S48°14'29'E 26.94' SCALE. 1" = 80' L7 S66'13'55'W 27.23' L8 S88°30'00'W 82.21' 0 80 160 L9 N69°00'00'W 59.14' L10 S66°13'55'W 6.29' SAN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER, SUITE 105 CURVE TABLE ENCINITAS, CA. 92024 CURVE DELTA LENGTH RADIUS PHONE: (760) 753-5525 Cl 2°01'20' 17.05' 483.00' CIVIL ENGINEERING • PLANNING C2 3°10'58' 28.22' 508,00' LAND SURVEYING U \Ida ta\surveys\497201sury\dwg\497203_WATER ESMT.dwg SDE 4972.03 APPLEGATE -4972.03 WATERLINE ESMT Course: N 64-39-34 W Distance: 33.07 Course: N 66-13-55 E Distance: 38.24 Course: S69-00-00 E Distance: 64.46 Course: N 88-30-00 E Distance: 67.26 Course: N 45-00-00 E Distance: 195.74 Course: N 66-13-55 E Distance: 31.92 Arc Length: 17.05 Radius: 483.00 Delta: -2-01-20 Course: S 48-14-29 E Distance: 26.94 Arc Length: 28.22 Radius: 508.00 Delta: 3-10-58 Course: S 66-13-55 W Distance: 27.23 Course: S 45-00-00 W Distance: 201.03 Course: S 88-30-00 W Distance: 82.21 Course: N 69-00-00 W Distance: 59.14 Course: S 66-13-55 W Distance: 6.29 Perimeter: 878.80 Area: 10234.91 0.23 acres Mapcheck Closure - (Uses listed courses & COGO Units) Error of Closure: 0.002 Course: S 71-02-37 W Precision 1: 501322.91 LA 44; �o 6. 74 2 p. 613 �Q' J sTq FCA��F��� U:\1 data\surveys\4972.01sury\letters&documents\LEGALS\497203 WATER ESMT EXB A.rtf IwElg Ernest J. Dronenburg, Jr. _ ,r COUNTY OF SAN DIEGO v ASSESSOR/ RECORDER/ COUNTY CLERK cc RECORDER/COUNTY CLERK'S OFFICE ASSESSOR'S OFFICE 1600 Pacific Highway,Suite 260 www.sdarec.com 1600 Pacific Highway,Suite 103 P.O.Box 121750*San Diego,CA 92112-1750 San Diego,CA 92101-2480 Tel.(619)238-8158* Fax(619)557-4155 Tel.(619)236-3771* Fax(619)557-4056 BATCH #: 328466920120131 DOCUMENT#'S: 2012-0056378 RECORDING DATE: JAN 31,2012 4:11 PM TOTAL DUE: 0.00 SERVICES AVAILABLE AT SERVICES AVAILABLE ON-LINE AT OFFICE LOCATIONS www.sdarce.com * Tax Bill Address Changes * Forms and Applications * Records and Certified Copies: * Frequently Asked Questions(FAQs) Birth/Marriage/Death/Real Estate * Grantor/Grantee Index * Fictitious Business Names(DBAs) * Fictitious Business Names Index(DBAs) * Marriage Licenses and Ceremonies * Property Sales * Assessor Parcel Maps * On-Line Purchases * Property Ownership Assessor Parcel Maps * Property Records Property Characteristics * Property Values Recorded Documents * Document Recordings