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2003-189394 (2)DOC # 2003-0189394 RECORDING REQUESTED BY: FEB 20 , 2003 8:28 AM SAN DIEGUITO WATER DISTRICT FOR THE BENEFIT OF THE DISTR: WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 505 SOUTH VULCAN AVENUE ENCINITAS, CA 92024 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 16.00 Be: NA WAYS: Assessor's Parcel No. 254-101-30 O, t GRANT OF EASEMENT FOR WATER LINE ref/ The undersigned, Keweco Inc., a California Corporation, 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 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, explosive, 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" & "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 agricultural uses except for the planting and growing of trees; and the right to cross or make use of the surface in a manner not detrimental to 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. And the Grantor hereby agrees for himself, his successors or assigns, that he will not plant trees or construct or cause to the 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. 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. 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 1 day of 6 - o6 f ~-aZ,__ 2003. Corporation 2801.doc (07-10-95) This is to certify that the interest in real property conveyed by the deed or grant dated r-6. 15 - t- 03 , from Keweco Inc., a California Corporation 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 t-~- r -10~. , 20 0l By 0 . v z~ iA( District Manager 2801.doc(07-10-95) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County of 64A~ ss. ~ J A,, before me, Na and TM of Officer (e. ,'Jane Doe tary Public") personally appeared Q I'd 99LIEN, DEBORAH FORMILLER Commission #t 348766 i Notary Public -California San Dlspo County fVy Comm. F.xpinn Apr 6, 2008 Name(s) of Signer(s) personally known to me ❑ proved to me on the evidence basis of satisfactory to be the person whose name is/ subscribed to the within instrument and acknowledged to me that he/She" executed the same in hisA4ert/4iiaW authorized capacity(ies , and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I 7 SS m hand and official al. (/lam` Signature of Notary Publ' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: p -bkv_A~~ ~ q. Document Date: ~U3 Number of Pages: 17 Signer(s) Other Than Named Above: TT Capacity(ies) Claimed by Signer Signer's Name: 'aaaaa" ❑ Individual Top of thumb here ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nabortahvtary.org Prod. No. 5907 Reorder. Call Toll-Free 1-906876-8827 EXHIBIT "A" WATER EASEMENT AN EASEMENT FOR WATER LINE PURPOSES OVER, UNDER, ALONG AND ACROSS THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 17252 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED NOVEMBER 12, 1993 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. SAID EASEMENT LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 4 DISTANT THEREON S74°58'25"W 31.31 FEET FROM THE SOUTHEASTERLY CORNER THEREOF; THENCE LEAVING SAID LINE N15°01'35" W 25.36 FEET TO THE BEGINNING OF A TANGENT 300.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 33.21 FEET THROUGH A CENTRAL ANGLE OF 6°20'34"; THENCE N8°41'01"W 2.91 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 23.52 FEET THROUGH A CENTRAL ANGLE OF 2°41'44"; THENCE N1 1°22'44"W 25.23 FEET TO THE POINT OF TERMINUS IN THE NORTHERLY LINE OF SAID PARCEL 4. SAID POINT OF TERMINUS BEARS S74°58'25"W 25.50 FEET FROM THE NORTHEASTERLY CORNER OF SAID PARCEL 4. No. 5211 &AP &hlo 3 IF0 lT B WATER E SF.MFNT PLAT ` PARGEL 2 PPM ('7252 PARCEL I OF PM 1'7252 "E gZ.i3p(j4, .5g'25 PARCEL I OF PM 1203q 6 . PALATE paw M U-T AS- 1 P 11 PARGEL L 2 1 OF PM 1203q 1 N , PARGEL 4 Or- PM 1'7252 XND u~ QN C• i N j pa 211 1 c ~ IFOR~l r- 1 - - - PM789TY OXMARY1 DEDICATES EASEA ~ ~5"w AREA ~ 57 ~IVA~ 4' TrtJ PARCEL 5 OF PM 17252 APN :254-101-05 LINE CHORD BEARING DELTA RADIUS ARC N L l Nis 00135 "W 25.36' Ci Nii '51 '18'W 620 34 " U 33.21 ' L2 SOB '41 '01 "E 2.91 ' C2 N10 *0152 W 2.41 44 " 23M' L3 Nil -22'44"W 2523' SAN DIEGUITO WATER DISTRICT 59 EAST "D" STREET ENCINITAS, CALIFORNIA 92024 SUBORDINATION OF BENEFICIARY OF DEED OF TRUST (619) 753-1145 In consideration of the mutual benefits arising from the granting of the foregoing easement and for other good and valuable consideration, the undersigned, as beneficiary under that certain deed of trust, recorded in the Office of the San Diego County Recorder at File/Page No. 02-88qjA(, encumbering said property, consents to the granting of the aforesaid easement and unconditionally waives, relinquishes and subordinates the lien or charge of said deed of trust to said easement, and agrees that the easement shall at all times be an interest in said property prior and superior to the lien or charge of said deed of trust. The easement and lien are over the property which is a part of TM or TPM Number 01 - 0 5,q COMMUNITY NATIONAL BANK LIND ZY-K. VIES A. DVORAK;ef2ANT VICE PRES (Signatures must be acknowledged) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO ss. On FEBRUARY 7, 2003 , before me, THERESA L. SIACA, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared DEBRA A. DVORAK Name(s) of Signer(s) XXXpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-'are-I subscribed to the within instrument and acknowledged to me t e he h ey executed V the same in h authorized L capacity(ies), and that hi Eo~ Rr/ eir TNEREESA signature(s) on the instrument the persor Clomwohsim01347W9 the entity upon behalf of which the person(s) 9 Ndwy Pubk' GNlomia 4 acted, executed the instrument. W Diego C" C omm. ; ~ppg WIT my hand an offi al se I. Place Notary Seal Above Sign ure of otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent remo val and reattachment of this form to another document. Description of Attached Document Title or Type of Document: SUBORDINATION OF BENEFICIARY OF DEED OF TRUST Document Date: NOT DATED Number of Pages: ONE Signer(s) Other Than Named Above: LINDSEY K. YIP Capacity(ies) Claimed by Signer Signer's Name: MENUS 2b.1 ❑ Individual Top of thumb here ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402- Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll-Free 1-8W-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Sua On". ~ t dtiU2 before me,~ ere~L t t ' `~~lq I ~ e Date Nacre in1 Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared personally known to me L1 proved to me on the basis of satisfactory evidence THERESA L SIACA CAmmftt2or.01347669 NOWT Pue1c - CAWor " swoiw~wq iw :2006 Place Notary Seal Above to be the person(whose name(s) is subscribed to the within instrument and acknowledged to me that he~executed the same in is e+f- authorized capacity(le*, and that by &ftr~ signature(t) on the instrument the person(), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT E S my hand and i ' I seat. IZZ i at of blic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: c V . L/ Document Date: a7ed Number of Pages: /,Mj Signer(s) Other Than Named Above: ✓U► G`c Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - w .nationalnotary.org Prod. No. 6907 Reorder: Call Toll-Free 1-800-876-6827 40 DOC # 2003-0189393 ZECORDING REQUESTED BY: SAN DIEGUITO WATER DISTRICT WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT P.O. BOX 231010 ENCINITAS, CA 92023-1010 FEB 20, 2003 8:27 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 OC: NA GRANT OF EASEMENT FOR WATER LINE AM The undersigned, NOAH R. SHAH !~~Itreinafter 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 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, explosive, 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 EXHIBIT "A" 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 agricultural uses except for the planting and growing of trees; and the right to cross or make use of the surface in a manner not detrimental to 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. And the Grantor hereby agrees for himself, his successors or assigns, that he will not plant trees or construct or cause to the 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. 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. 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. of Q 1' 19 Witness MU _hand this ✓ -dav -Witness +NAH R. x1l MA-r (_Jin I 1,*A Witness M041a mizoviagS' Notaries: Use proper form on back. 2801.doc(07-10-95) ALL PURPOSE ACKNOWLEDGEMENT ,fATE OF CALIFORNIA }SS County of U } v On u' t S,foCm'rr - - appeared, NO 'A N K tt personally known to me (or roved to mpyea4he basis of satisfactory ev ) to be the person whose name~sl ied to the withand acknowledged to me tha e/ lheytxecuted the same uthorized c acihi ;nature' j.~r the instrument the persofffs. rr the entity upon behalf of which the perso acted, executed the instrument. WITNESS my hand and official seal. rp , Y"om" +:r GLADYS HAUGHTON f- ' COMM. #1179493 ~ 0 0 ~ NOTARY PUBLIC-CALIFORNIA 0 SAN DIEIS O COUNTY ~ MY Comm. Expires April 11,2002 (This area for official notarial seal) Signature ibis is to certify that the interest in real property conveyed by the deed or grant dated De-e - y„ lfflt from h) off. 1Z. 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. 3 -;ated 'je -..,3 1 v .1~1 7-4 0 By J t' District Manager k1 I- 0VN-Mv 2801.doc (07-10-95)