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2017-456571 DOC# 2017-0456571 RECORDING REQUESTED BY: IIIIII nlll IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIII IIIII illll Ili III Oct 03. 2017 04:33 PM • OFFICIAL RECORDS SAN DIEGUITO WATER DISTRICT Ernest J. Dronenburg. Jr SAN DIEGO COUNTY RECORDER FOR THE BENEFIT OF THE DISTRICT FEES S30 00 PCOR N/A PAGES 6 WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 6f 160 CALLE MAGDALENA ENCINITAS, CA 92024 APN: 254-663-07-00 GRANT OF EASEMENT FOR WATER LINE DOCUMENTARY TRANSFER TAX is$ 0 The undersigned, CITY OF ENCINITAS, a California municipal corporation, 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, a 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 pipeline or pipelines, 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 pipeline or pipelines, 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 pipeline or pipelines (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 450 Quail Gardens Drive-SDHM/254-663-07-00 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 a 5 day of S e-,1-. b ter— , 2017. By: /mow - A . Mark Delin Assistant City Manager City of Encinitas (Notarization of GRANTOR's signatures are attached) This is to certify that the interest in real property conveyed by the deed or grant dated q 1 l' ►'1 , from CITY OF ENCINITAS, a California municipal 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 officer. Dated t._ V�-.,-, -- Z� , 2017 By: j . � P William C. O'Donnell General Manager San Dieguio Water District (Notarization of GRANTEE's signatures are attached) 450 Quail Gardens Drive-SDHM/254-663-07-00 EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT ALL THAT PORTION OF LOT 20 OF CITY OF ENCINITAS TRACT 99-137 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO. 13998, FILED IN THE OFFICE OF THE COUNTY RECORDER JULY 11 , 2000, AS SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY END OF THAT CERTAIN 228.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, IN THE SOUTHEASTERLY BOUNDARY OF SAID LOT 20. A RADIAL TO SAID POINT BEARS NORTH 40°29'37" WEST: THENCE NORTHEASTERLY ALONG SAID BOUNDARY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01°05'01'', A DISTANCE OF 4.31 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS NORTH 39°24'37" WEST; THENCE LEAVING SAID BOUNDARY NORTH 36°53'47" WEST, 20.75 FEET; THENCE NORTH 16°38'36" WEST, 143.17 FEET; THENCE NORTH 73°21'24" EAST,25.00 FEET: THENCE SOUTH 16°38'36" EAST, 15.00 FEET: THENCE SOUTH 73°21'24" WEST, 10.00 FEET; THENCE SOUTH 16°38'36" EAST, 125.50 FEET: THENCE SOUTH 36°53'47" EAST, 17.90 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY OF SAID LOT 20, SAID POINT LYING ON THE ARC OF THE AFOREMENTIONED 228.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, A RADIAL TO SAID POINT BEARS NORTH 35 038'24" WEST; THENCE ALONG SAID SOUTHEASTERLY BOUNDARY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°46'13", A DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2,566 SQUARE FEET MORE OR LESS. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION. IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. 01. 1.440 � �4.1 SAGrG9/'/ / /I 04 �/"// 5 30/17 0 HA L s PLS 6922 DATE sr No. N22 SBBO,INC. San Die.• ',1. -Museum Job No.69584.11,May I,2017 1 OF 2 0:169582 SD Botanic Gad ;-• , r Esmt.docx EXHIBIT "B" N73'21'24"E r A 25.00' S16'38'36"E 1 A 15. C o � tn S7,157.30.20;24.w V D c� 10.00' I'I Z to w w CITY OF ENC/N/TAS 3 CA oo TRACT NO. 99-137 rn / l LOT 20 ni MAP NO. 13398 G1 Is �5' ta rn Z. N N W V 5� 'A C.31 �22.24� 59.19 0 D800 ,08.50 22 !. ° ' 9© 0 F2700/7.1B S T.P. O.B. V ROA D N39 24'371V (R) 4r \ Z \ o \ 1J c R/"' �`A ,4. CITY OF ENC/NITAS cr' CO� TRACT NO. 99- 137 LOT 11 ' MAP NO. 13398 \ WATER EASEMENT DATA TABLE LEGEND 0 P/BEARING RADIUS LENGTH =ZZ /ND/CATES WATER EASEMENT 1 1'05'01" 228.00' 4.31' AREA = 2,566 S.F. 2 N36-53'47"W 20.75' 3 S36'53'47"E 17.90' 4 3'46113" 228.00' 15.00' SAN DIEGO HERITAGE MUSEUM Z WA TER EASEMENT PLANNING ENGINEERING SURVEYING 7-11-17 69582EX10.DWG 69584. 11 , 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 ) County Cof YV\ �e..0 O ) - ^ l On l- -I- 2-C 1l before me, 1 eK,l A S Ir It n kc-- }r'y 1 U LIIC , Date Here Insert Name and Title of the/Officer personally appeared -(k \>✓1ti n Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be th person(s) whose name(s)6s/are bscribed to the within instrument and ackno dged to me that executed the same in his her/their authorized capacity(ies), and that b his/ er/their signature s)on the instrument the person(s), `tSr 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 .•'1°'. ANGELA A. SI NON is true and correct. ?T�.i.';-, Corr./1182396 WITNESS my hand and official seal. to a��=i NOTARY RUC.0 A $UI D1E50 COU+ ' ....:, Caw EAr AAR 4 102 Signature (2uiA /,& �,Sig ture of Notary ublic 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 C Partner — Limited _. General ❑Individual - Attorney in Fact C Individual .I Attorney in Fact ❑Trustee Guardian or Conservator C Trustee ❑ Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: •d''d..M..M.'M.'M.-b.'d.'N.-N.-N.'d.' , ,.-y.'G, 'ei.'N..d.� '. ..d'd'✓-d.'d'd 'd ' , Y r d d V M N ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 -.NeAtcs=ccrr:c..-..e r c> cxcre . zrkr..e:cr-"..cf,,c ce c„crerA-,c.:cc 1",ex:c2N-_c ,r.,^...ez r,C.,.e:r.,r:c.4-.4 4-xc,=c.,e:crcctle•CWrrxt c�cc 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 j� ) County of Q ' i ) On j(s� Sep-Ie�1�l'ae<jd0 efore me, Pt h 1`c m e r-o r \1�) l ill. RI,..b l , Date Here Insert Name and Title oflthe Officer personally appeared 1 I MI 0` C io- I i1L t Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name isfare ahi bscribed to the within instrument and acknowledged to me tha e/she/they executed the same in /her/their authorized capacity, and that b is/her/their signature on the instrument the person or the entity upon behalf of which the person( a {ed, 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 han. ..• •fficial seal. Commission 1 2127943 7c Nt~■ Notary Public - California z .. i San Diego County ■ Signature My Comm Expires Oct 22.2019 Signature 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 ❑Attorney in Fact Li Individual D Attorney in Fact Trustee Guardian or Conservator ❑Trustee ❑Guardian or Conservator Other: — Other: Signer Is Representing: Signer Is Representing: ecse etZc^te r;e^w: LX,^f..X,' eLe�r-K c csHoc� se:e:Xc:e.^t-X XA;eA,cx X;XXx:X.X:c. :u^wXicNZ.4 ex e:.e:er;c (AX,e;e"e:csc;e.w^ ge^ ^F^E:e l ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907