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2015-221503 DOC# 2015-0221503 1111111111 II IIII i 1l 11111111 I III111111111 11111 III II RECORDING REQUESTED BY: May 05, 2015 04:17 PM • , OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER SAN DIEGUITO WATER DISTRICT FEES: $2.00 FOR THE BENEFIT OF THE DISTRICT `-� POOR: N/A WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 160 CALLE MAGDALENA ENCINITAS,CA 92024 APN: 258-112-42-00 GRANT OF EASEMENT FOR WATER LINE DOCUMENTARY TRANSFER TAX is$ 0 The undersigned, ENCINITAS TOWN & COUNTRY SHOPPING CENTER,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 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 407 Encinitas Blvd/258-112-42 • 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. 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 , 2015. By: 1k', .611�i1�� Marilyn S. lueter Vice Presi• - t La Jolla Management Company (Notarization of GRANTOR's signatures are attached) This is to certify that the interest in real property conveyed by the deed or grant dated S' 1 10 IS , from ENCINITAS TOWN & COUNTRY SHOPPING CENTER, 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 officer. Dated OA`0-1 L r~ , 2015 By: (Ai °� William O'Donnell General Manager San Dieguio Water District (Notarization of GRANTEE's signatures are attached) 407 Encinitas Blvd/258-112-42 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or I validity of that document. State of California County of San Diego On May 1, 2015 before me, Brandi Clarke, Notary Public (insert name and title of the officer) personally appeared Marilyn Schlueter who proved to me on the basis of satisfactory evidence to be th_ person s)whos:CM s)®-re subscribed to the within in t ment and acknowledge. o me that a they execu e. the same in his %their authorize• capacity ies), and that by hi- he their signatur: s) on the instrument the .erso s), or the entity upon •ehalf of which the •erso 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 hand and official seal. t BRANDICLARKE m. WA. Commission No 2030051 2 ;` z_ •;,."- NOTARY PUBLIC-CALIFORNIA m SAN DIEGO COUNTY fa/1/.4 C Commission Expres Jule 21,2017 Signature 1 ` fl6L�, � (Seal) r ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document. State of California County of San Diego On May 4, 2015 before me. A. D. Romero, Notary Public (insert name and title of the officer) personally appeared William C. O'Donnell who proved to me on the basis of satisfactory evidence to be the person(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. ¢ A. D. ROMERO WITNESS my hand and official seal. � ,' Commission * 1957743 • Sa Notary Public • California I � ��""�!►/ San Diego County M Comm. Ex Tres Oct 22, 2015 Signature (Seal) EXHIBIT `A' LEGAL DESCRIPTION A PORTION OF LOT 4 OF ENCINITAS PLAZA/WESLEY HOMES UNIT NO. 1, ACCORDING TO MAP THEREOF NO. 8116, RECORDED MAY 28, 1975 IN THE OFFICE OF THE COUNTY RECORDER OF SAID DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 10.00 FEET IN WIDTH, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ALONG THE WESTERLY BOUNDARY OF SAID LOT 4,BEING THE NORTHWESTERLY ENDPOINT OF A STRAIGHT LINE 68.45 FEET LONG WITH A BEARING NORTH 52° 06' 30" WEST, ALSO BEING THE BEGINNING OF A 164.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THE RADIAL OF WHICH BEARS NORTH 37° 53' 30"EAST;THENCE ALONG SAID CURVE AND WESTERLY BOUNDARY A DISTANCE OF 146.05 FEET THROUGH A CENTRAL ANGLE OF 51° 01' 35" TO A POINT ON THE NORTHWESTERLY END OF THE CENTERLINE OF A WATER EASEMENT RECORDED APRIL 30, 1976 AS FILE NO. 76-130780, SAID POINT ALSO BEING REFERRED TO AS POINT `B' IN SAID EASEMENT DOCUMENT; THENCE ALONG SAID EASEMENT CENTERLINE SOUTH 55° 12' 11" EAST A DISTANCE OF 351.61 FEET,THENCE SOUTH 10° 12' 11" EAST A DISTANCE OF 38.18 FEET; THENCE SOUTH 55° 12' 11" EAST A DISTANCE OF 56.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 34° 47' 49" WEST A DISTANCE OF 21.50 FEET CONTAINING AN AREA OF 215 SQUARE FEET OR 0.005 ACRES MORE OR LESS. ATTACHED HERETO IS A DRAWING LABELED EXHIBIT"B"AND BY THIS REFERENCE MADE A P 'T HEREOF. opl LAND S S. /79 ;a 44 Iv)/ c -4 JOHN S. COFF DATE No. 8733 i LS 8733 EXPIRES 12/31/16 s9T�OF CAOE°��\� SITE ADDRESS. EXHIBIT 'B' I I 453 ENCINITAS BLVD VICINITY MAP ENCINITAS, CA 92024 NO SCALE pAPN: j 258-112-42 ��ENC/N/TAS BLVD BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR o c7� THIS SURVEY IS THE SOUTH -- SITE LINE OF LOT 4 OF MAP 8116 � I.E. N 89'05'53" W I 4u 'P� Ik t 7rI F FjL II A � s`s�%ti �� A=03'06'39" Q 0 o q 6,`�F0 �` R=164.00' 01(0 z Ali �p� *1 ''P'/ ∎ 'J` L=8.90' c2 1 cn Jp(90 F�� �� 0,.,p.,,_ [ANL s-ss: / O.�i`'z, S Co,.'GAc�` ■ l .c o S 77/ ) �IZgI/� 23 A=51'01 '35" \ \ `S�• / No. 8733 " R=164.00' ‘ \ �>> s�q� ��� L=146.05' \� \F` // LOT 4 F of cA��F° ti \ MAP 8116 is\ _ / ) 9 A o q o� /c),),/ ./ N :. V `s`SS• J /1 ` �8'' l i \ \ ‘......./i2., ■ S < \ 2 \,SEE DETAIL `4' A AT LEFT �/ T'oo \ I Oitt e` \ \ LEGEND: EASEMENT FOR WATER 5.0'�` 4 ,As \ M PURPOSES N 11 I J \ ./.7/ 2"so \ • 2" IRON PIPE W/ DISC �9', STAMPED "RCE 9416" DETAIL AIL A' 5.0' �y N PER MAP 8116, FOUND 1 " = 20' PROJECT: ENCINITAS TOWN & COUNTRY WATER EASEMENT PLAT PROD. NO. 2015-037 EASEMENT TO THE SAN DIEGUITO WATER DISTRICT DATE: 04/23/2015 E COFFEY ENGINEERING, INC.