2013-703747 •
DOC ## 201 3-0703747
1111111
RECORDING REQUESTED BY:
DEC 03, 2013 3:49 PM
OFFICIAL RECORDS
SAN DIEGUITO WATER DISTRICT SAN DIEGO COUNTY RECORDER'S OFFICE
FOR THE BENEFIT OF THE DISTRICT Ernest J. Dronenburg,Jr..COUNTY RECORDER
FEES: 0.00
OC: NA
WHEN RECORDED MAIL TO: PAGES: 5
.A-0� SAN DIEGUITO WATER DISTRICT 111111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 1111 III
160 CALLE MAGDALENA
15 ENCINITAS,CA 92024
NF
APN: 254-181-07
Oelq GRANT OF EASEMENT FOR WATER LINE
DOCUMENTARY TRANSFER TAX$
The undersigned, McBrearty & Thorsnes Investments EEC , 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 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 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.
1339 Rainbow Ridge Lane
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 i1 pipe lines, to restore the surface grade above
the pipe to as near the original elevation as practicable. SurPjCe.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 C `D , 2013.
A40;e7p),77,de
By:
�HR-ISToI' R HaINZE&KT)
Owner
(Notarization of GRANTOR'S signatures are attached)
This is to certify that the interest in real property conveyed by the deed or grant dated 8'12 g f iO I , from
McBrearty & Thorsnes Investments 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 G i oAc4 9. , 2013 By:
Glenn Pruim
General Manager
(Notarization not required)
1339 Rainbow Ridge Lane
•
ACKNOWLEDGMENT
State of California
County of
On A4 ��) L Zol`5 before me, nit ,� ,1>70 C ot.t,1 �-" jG
J (insert name and title of the officer/ I
personally appeared C) . t v 111\
who proved to me on the basis of satisfactory evidence to be the rsonc ) whose name() is/xe.
subscribed to the within instrument and acknowledged to me that helsey executed the same in
his/herAheir authorized capacity(+c3), and that by his/hertttreir signature*) on the instrument the
person(, or the entity upon behalf of which the person(x) 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. - NICHOLAS ALFREDO CAMOZZt
'Off: Commission 1 1936852
•' - 'a Notary Public •California I
v." San Diego County
M Comm.Ex m Ma 16 2015
Signature �' (Seal)
EXHIBIT "A"
AN EASEMENT FOR WATER LINE PURPOSES 10.00 FEET WIDE OVER, UNDER, ALONG AND
ACROSS, THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 3, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING
TO OFFICIAL PLAT THEREOF, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, LYING WITHIN THAT LAND AS DESCRIBED IN A DEED TO CHRISTOPHER MC
BREARTY, ET AL PER DOCUMENT RECORDED FEBRUARY 27, 2013 AS DOCUMENT NO 2013-
128211 IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, THE
CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID MC BREARTY LAND WITH
A LINE THAT IS PARALLEL WITH AND 24.00 FEET EASTERLY OF MEASURED AT RIGHT ANGLES TO
THE WESTERLY LINE OF SAID LAND; THENCE PARALLEL WITH SAID LINE S 6°01'04" E (S 6° 38'
55" E RECORD) 16.82' TO A POINT, SAID POINT BEING THE BEGINNING OF A NON-TANGENT
29.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY A RADIAL LINE TO SAID POINT BEARS
S44° 20'39"W; THENCE SOUTHEASTERLY 8.11 FEET ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 16°01'38" TO A REVERSE 37.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE SOUTHERLY 24.56 FEET ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 38°01'43" TO THE TRUE POINT OF BEGINNING; THENCE N84°29'15"E 8.00
FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID EASEMENT TO BE PROLONGED OR SHORTENED TO BEGIN THE ARC OF
SAID 37.00 FOOT RADIUS CURVE AND ITS SOUTHERLY PROLONGATION, AND END IN A LINE
THAT BEARS N5°30'45"W AND PASSES THRU THE POINT OF TERMINUS.
CONTAINING 81 SQUARE FEET MORE OR LESS.
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EXHIBIT "B "
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