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2016-361361 DOC# 2016-0361361 1111111 11111 1111 IIIIII!11111IIIII111111111111111111 IIIiII RECORDING REQUESTED BY: Jul 19, 2016 04:19 PM OFFICIAL RECORDS Ernest J Dronenburg Jr.. SAN DIEGUITO WATER DISTRICT SAN DIEGO COUNTY RECORDER FOR THE BENEFIT OF THE DISTRICT FEES 50 00 PCOR. N/A PAGES 6 WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 160 CALLE MAGDALENA ENCINITAS,CA 92024 APN: 258-090-39-00 GRANT OF EASEMENT FOR WATER LINE DOCUMENTARY TRANSFER TAX is$ 0 The undersigned, GOLDEN EAGLE ANNUITY INVESTMENT, L.P., 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 150 Encinitas Blvd/258-090-39-00 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 /..4-=� day of , 2016. 13�: Golden Eagle Annuity Investment,LP. By Dan Ukkestad,CEO Golden Eagle Management,LLC., Its General Partner (Notarization of GRANTOR's signatures are attached) This is to certify that the interest in real property conveyed by the€14voi.er grant dated TV Of 11 t 14))1,0 from GOLDEN EAGLE ANNUITY INVESTMENT, L.P., 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 SA t Z n 1 L , 2016 By: William O'Donnell General Manager San Dieguio Water District (Notarization of GRANTEE's signatures are attached) 150 Encinitas Blvd/258-090-39-00 LEGAL DESCRIPTION WATER EASEMENT ALL THOSE PORTIONS OF LOT 1 OF MAP NO. 8097, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTH EASTERLY CORNER OF SAID LOT 1, THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 1 NORTH 89' 21' 53" WEST A DISTANCE OF 210.94 FEET TO A POINT; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF SAID LOT 1 SOUTH 87' 21' 07" WEST A DISTANCE OF 29.06 FEET TO A POINT; THENCE LEAVING SAID SOUTHERLY LINE NORTH 1' 20' WEST A DISTANCE OF 382.00 FEET TO A POINT; THENCE NORTH 88' 40' EAST A DISTANCE OF 109.00' TO A POINT HEREAFTER REFERRED TO AS POINT "U". PARCEL "U" A 15.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT AFOREMENTIONED POINT "U" THENCE SOUTH 1' 20' EAST A DISTANCE OF 45.00 FEET TO THE POINT OF TERMINATION. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. a&v,; L A N� ,1' CHRISTIAN T. FOSTER, L.S. 9001 DATE �S�S�ZPN T' `�pJ,G-70 02� (1.1 ce a " No. 9001 * .) . 9-30-17 97 F OF C A\-1c-9- EXHIBIT "A" SHEET 1 OF 1 T. PORTION OF LOT 1. MAP NO. 8097 POINT "U" N88'40'00"E r109 °° _' PARCEL "U" MAP NO. 8097 LOT 1 z w 0 co N Na O O_c } I I 0 I W I- < I- CO rt W I- Z N89'21'53"W ,� 210.94' S8T21'07"W S.E. CORNER 29.06 LOT 1 ��� ` _ ENC1NI7gg g�Vp 1ONpL. LA 1S-- `'S',,0ZPN T.F� GAL LLB �'A rrN EASEMENT BOUNDARY a " No. 9001 A) * Exp. 9-30-17 EXISTING LOT LINE ��9 ��Q lF OF C MA"' NOT TO SCALE j-(Q-16 EXHIBIT "B" SHEET 1 OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 S ) County of C1J7 ) On-5 12 2-0 ` i before m } k , ll t) Date Her Insert N. :461 Title oft Officer personally appeared 1)UJ1\ L/l./1 ��/U/d1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( .whose name($ is/ara subscribed to the within instrument and acknowledged to me that he/she/44;y executed the same in hisirentheir authorized capacity(tes),and that by his/he Ltbair signature(s).on the instrument the person(3), 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 hand and official -.I. DAWN M.SAGLEY Commission t 2126141 , J /L ///I / I ' Notary Public-California I Signaturel�►',�-y" '�- � San Coin Comm. res S 7,2019 Signature of Notary .0lic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document `l��ctl��tu Document Date: 7IA-11 Z Number of -Pages: Signer(s Other Than amed Above: • j.., I NWV Capacity(ies) Claimed by Signer's Name: Signer's Name: Corporate Officer — Title(s): Corpsrate Officer — Title(s): Partner — Limited '-'General ❑ Partner ed General Individual U Attorney in Fact ❑ Individual ❑A • : 'n Fact Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or •• -rvator Other: r-, Other: Signer Is Representing: Signer Is Representing: C-: ,Cz rC(..W,; d d • ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ir,�r„ r.ze,,k-x-4c c>k-rxr.er, rs=N=c„�c.. r„ .cccc.,,r- =.,onc_oe-r..4xs,,,, c,A,,,, ,,.. r-.merm,g 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 Son Ti e ( ) b (( {�1 p On �JU\y 14 , 2U1 lYoefore me, R b ' R y\Q. l) \ ,0, a' _! (C., Date , l (Here lnse �ame and Title of the Officer personally appeared �'V 1 I I (aia� 'i ' -lam Name(s) of Signer(s) 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 # 2127943 " 1. Notary Public California _ ' San Diego County Signature `� � Comm.Ex Tres Oct 22,2019 J iyri: re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): - Corporate Officer — Title(s): Partner — Limited General Partner — Limited General Individual a Attorney in Fact Individual ❑Attorney in Fact Trustee 1 Guardian or Conservator Trustee O Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907