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2013-79391 D O C ## 2013-0079391 I Illllil IIII 11111 lull 11111 VIII IIIII Illll Illli VIII Illil Illll IIII IIII 1.4776 FEB 05, 2013 3:53 PM fV OFFICIAL RECORDS RECORDING REQUESTED BY: E nes,t J.bio a bu g,Jr.,COUNTY RECORDER FEES: 0.00 SAN DIEGUITO WATER DISTRICT FOR 0C: NA THE BENEFIT OF THE DISTRICT PAGES: 5 1 111111 1[11111111[ICI Illll IIIII ll1111111111111I11111111111111 Ilill lull[11111111 llll WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 160 CALLE MAGDALENA ENCINITAS, CA 92024 A PN:256-330-62 GRANT OF EASEMENT FOR WATER LINE DOCUMENTARY TRANSFER TAX$ The undersigned, LF ENCINITAS PROPERTIES, LLC, a California limited liability company, hereinafter designated GRANTOR, for a valuable consideration, receipt whereof is hereby acknowledged, 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, 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, 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"&"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 growingoftrees; 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 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 be constructed and maintained any buildings orstructures 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. so.1a9Ma.2 14777 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-0f--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'-Vj1ay of , 20 . LF Encinitas Properties, LLC, a California limited liability company 'A �nY-: if �y �u"nl�/i-fre�I/ SOe..6fr[FMgg2 Name: L Title: t 4s eA (Notarization of GRANTOR'S signatures are attached) This is to certify that the interest in real property conveyed by the deed or grant dated from j I S fYDReYAics LL C- . to the SAN DIEGUITO WATER DISTRICT,agovernmental agency is hereby accepted and SAN DIEGUITO WATER DISTRICT consents to recordation thereof by its duly authorized offer. Dated 1,0 + . 31 , 20 i3 By: 6 0e2— r William O'Donnell Interim General Manager (Notarization not required) 883498634.2 z 14778 STATE OF } 5S. COUNTY OF On before me, Sa rn .k $eckma-A ,Notary Public, personally d eared who proved to me on the basis of satisfactory evidence to be the p (s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd an official s 1. SARAH J.BECKMAN comm1ai10n N 1657798 Signature {Seal} Notary Public•CaMomfa San 01190 County my Comm.Ex free Jul 13,2013 303498634,2 • T EXHIBIT "A" 14779 LEGAL DESCRIPTION THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10,TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A 15.00 FOOT WIDE STRIP OF LAND LYING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF LOT 20 OF CITY OF ENCINITAS TRACT NO. 99-137 IN THE CITYOF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13998 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 11, 2000, THENCE ALONG THE SOUTHERLY LINE THEREOF, SOUTH 88 047'50" EAST, 204.63 FEET (-N88039'1 2-W 204.63'° RECORD PER SAID MAP NO. 13998) TO THE NORTHERLY TERMINUS OF THE WESTERLY LINE OF ECKE RANCH ROAD AS DEDICATED TO THE PUBLIC PER SAID MAP NO. 13998, SAID WESTERLY LINE BEING SHOWN AS ("N2 057'29°E° RECORD PER SAID MAP NO. 13998) THENCE ALONG SAID WESTERLY LINE, SOUTH 02°48'51" WEST, 37.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, NORTH 57°51'21"WEST, 20.21 FEET; THENCE NORTH 89058'09°WEST,475.94 FEET TO THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP OF LAND TO TERMINATE EASTERLY IN THE WESTERLY LINE OF SAID ECKE RANCH ROAD. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.171 ACRES OF LAND MORE OR LESS. LAND SvR OJ 0 p O "a LS. 8S53 O s DOU S B. ROUP P.L.S. 8553 OF CA 'L HUNSAKER &ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 :PV M:=6114781egal DescriptionlAl6 Edce SDWD Public Water Esmt.docx Wt]61-478 12128112 . EXHIBIT "B" SHEET 1 of 1 ECKE RANCH 14780 ROADg�� j NO2'48'S 1'• *2828 I J7.77' � (N25729 NE N0' T.P.aB. � � b `* 15.00' �O N h 7.50' x ,3io N � � i ^ P.O.C. 5 0 5�G LEGEND INDICATES EASEMENT 15.00' ® AREA = 0.171 ACRES cJ' 7.50 /A, A �y P O C. INDICATES POINT OF �` 5• R, 750' COMMENCEMENT T.P.0.B INDICATES TRUE POINT OF BEGINNING P.O.T INDICATES POINT OF TERMINUS INDICATES RECORD DATA PER MAP NO. 13998. HUNSAKER &ASSOCIATES S A N V I E G Q I N C P.O.T. 6o o 60 120 180 KMMNG VW wapks Stm ENGNU NG San Dieg%G 9M1 SURVEYING PH(858)55845M-FX(858)55B UU SCALE V'= 60' R:\0530\&Map\i7 Eck* SOWD Pubic Wafer Esm! Shi Of,dr9(JDec-28-2012:10:39 w.0. 61-478