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2018-514173 DOC# 2018-0514173 I11111111111111111111111111111111111111111111111111111111111111111 ICI RECORDING REQUESTED BY: Dec 14, 2018 02:26 PM OFFICIAL RECORDS Ernest J. Dronenburg,Jr., SAN DIEGUITO WATER DISTRICT SAN DIEGO COUNTY RECORDER FEES: $29.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 6 WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 160 CALLE MAGDALENA s ENCINITAS,CA 92024 This space for recorder's use only APNs 258-141-36,38 and 39 QUITCLAIM DEED OF PUBLIC WATER EASEMENT SAN DIEGUITO WATER DISTRICT DOCUMENTARY TRANSFER TAX is$ 0 since the easement has no valve FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAN DIEGUITO WATER DISTRICT, an Irrigation District of the State of California, hereby release(s)and forever quitclaims to: OWNER OF RECORD: Requeza 13,L.P., a Delaware limited liability partnership the following described real property in the City of Encinitas, County of San Diego, State of California: An easement for water pipe lines and incidental purposes as granted to the San Dieguito Irrigation District on August 22, 1925 in Book 1122, Page 101 of Official Records for an exclusive and permanent-easement of right-of-way in, upon, over and across the lands hereinafter described, for the construction, use and maintenance thereon of pipe lines and the supports and appurtenances thereof, convenient and necessary for the purposes and uses of said Irrigation District, together with the rights of ingress and egress over the adjacent lands to the grantors herein, to the various points of said rights of way necessary for the work of construction, maintenance and repair of said pipe lines, supports and maintenance; S The premises over which this conveyance extends are more particularly described as follows: - "SE%of NE%of Section (15), Township Thirteen (13) South, Range Four(4) West, S. B. B. M." The contemplated location of the center line of said pipe lines is more particularly shown upon the attached plat,and the right of way over said premises is a strip of land fifteen (15) feet in width, along a course or courses to be selected by said San Dieguito Irrigation District, provided that such course shall be laid so as to avoid interference with any fixtures or permanent improvements on said premises at the time of such selection. (Plat was not recorded with easement and District has no record of aforementioned plat.) Located on the property described as: THE LAND REFERRED TO HEREIN BELOW IS SITUATED ENCINITAS, IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: PARCEL 1:APN 258-141-38& 39 THE SOUTHERLY 742.50 FEET OF THE WESTERLY 518.00 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE EASTERLY 248.00 FEET AND THE NORTHERLY 175.00 FEET THEREOF. ALSO EXCEPTING THEREFROM ALL MINERALS, MINERAL DEPOSITS, MINERAL OILS AND NATURAL GASES OF EVERY KIND OR NATURE AS RESERVED BY DEED RECORDED AUGUST 15, 1921 IN BOOK 860,PAGE 36 OF DEEDS. PARCEL 2: APN 258-141-36 THE SOUTHERLY 190 FEET OF THE NORTHERLY 529 FEET OF THE SOUTHERLY 742.5 FEET OF THE EASTERLY 248 FEET OF THE WESTERLY 518 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM ALL MINERALS, MINERAL DEPOSITS, MINERAL OILS AND NATURAL GASES OF EVERY KIND AND NATURE CONTAINED IN OR UPON THE ABOVE GRANTED PREMISES WITH THE RIGHT IN SAID GEORGE H. KETTELL AND BESSIE MAUD KETTELL, HUSBAND AND WIFE AND THEIR SUCCESSORS AND ASSIGNS, TO ENTER,UPON AND OCCUPY THE SAID PREMISES FOR THE PURPOSE OF PROSPECTING, DRILLING, FOR MINING OR REMOVING MINERALS, MINERAL OILS AND GASES, AS RESERVED BY GEORGE H. KETTELL AND BESSIE MAUD KETTELL, HUSBAND AND WIFE BY INSTRUMENT RECORDED AUGUST 15, 1921 IN BOOK 860,PAGE 36 OF DEEDS. PARCEL 2A: AN EASEMENT FOR RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES, UPON, OVER AND ACROSS THE WESTERLY 15.0 FEET OF THE NORTHERLY 154.0 FEET OF THE SOUTHERLY 727.5 FEET OF THE EASTERLY 248.0 FEET OF THE WESTERLY 518.0 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF. PARCEL 2B: AN EASEMENT FOR RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES, UPON, OVER AND ACROSS THE NORTHERLY 15.0 FEET OF THE SOUTHERLY 742.5 FEET OF THE EASTERLY 248.0 FEET OF THE WESTERLY 518 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF. By signing this form, the Owner of Record acknowledges that all easements being quitclaimed are being left in place in an "as-is" condition. Owner of Record acknowledges that the San Dieguito Water District is conveying all rights, title, and interest to the easement, right-of-way, and abandoned pipeline to the Owner of Record in an "as-is" condition. Owner of Record further acknowledges that the San Dieguito Water District does not warranty the condition of any abandoned pipe nor guarantee its fitness for any purpose. Owner of Record agrees to defend, indemnify, protect, and hold harmless the San Dieguito Water District, each member of its Board of Directors, agents, officers, and employees from and against any and all claims asserted or liability established for damages or injuries to any person or property, including bodily injury to the Owner of Record's employees arising out of or in any manner directly or indirectly connected with the Owner of Record's use of the quitclaimed easement, right-of-way, and abandoned pipe, however caused, except for sole negligence, willful misconduct, or active negligence of the San Dieguito Water District. PROPERTY OWNER REQUEZA 13, L.P., a Delaware limited partnership By: CWC REQUEZA, LLC, a California limited liability company Its: General Partner ►�J By: y: Name: Grego E Harris Title: Vice President Date: 12/4/1 8 (Notarization of PROPERTY OWNER signature is attached) SAN DIEGUITO WATER DISTRICT Dated: I Lit Iuird By: J William C. O'Donnell General Manager San Dieguito Water District (Notarization of SAN DIEGUITO WATER DISTRICT signature is attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 Vq..0...0..0.•.0.'.' .0..- -.0...- - .- •.0.-. .. .-..,0..0.., _ _ _ - - -.asS{+'6 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 -t$ before me, M_K _ Stuckey, notary public Date Here Insert Name and Title of the Officer personally appeared Gregory E. Harr Harris Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4) whose name(. is/ilrfe subscrib d to the within instrument and acknowledged to me that he/s'i /t'lyty executed the same in hisAr/thlkir authorized capacity(it ),and that by his/h /th (r signature on the instrument the person(! or the entity upon behalf of which the person(acted, executed the ins rument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M K Y WITNESS my hand and official seal. t commission on 21#2107610 r-a Notary Public-California D �� 1` � San Diego County My comm.Expires May 16,2019 Signature Signature of Rotary 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 ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: - N ©2014 National Notary Association •www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 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 11 December, 2018 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. WITNESS my hand and official seal. ramranahameri•.,, A.D.ROMERO .:K Commission#212794 i ?x Notary Public-California i `� z 'b� San Diego County �`� �`' My Comm.Ex fires Oct 22,2019+ Signature (Seal)