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2018-430340 r , RECORDING REQUESTED BY: DOC# 2018-0430340 M111111111111111111111111111111111111111 1111111111111111 SAN DIEGUITO WATER DISTRICT Oct 16, 2018 03:49 PM OFFICIAL RECORDS FOR THE BENEFIT OF THE DISTRICT Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER WHEN RECORDED MAIL TO: FEES: $0.00 (SB2 Atkins: $o oo) PAGES: 6 SAN DIEGUITO WATER DISTRICT 160 CALLE MAGDALENA ENCINITAS, CA 92024 APN: 260-212-32-00 GRANT OF EASEMENT FOR WATER LINE DOCUMENTARY TRANSFER TAX is $ 0 The undersigned, KENNETH MARGULIS, Trustee of Kenneth Margulis Revocable Trust, dated July 27, 1989, 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 1258 Canton Court,Encinitas CA/260-212-32-00 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. 00 job Executed this day of e-C"-- , 2018. By: (-1 , Kenneth Margulis, Trustee of Kenneth Revocable Trust, dated July 27, 1989 (Notarization of GRANTOR's signatures are attached) This is to certify that the interest in real property conveyed by the deed or grant dated 10 — 10- 20(?), from KENNETH MARGULIS, Trustee of Kenneth Margulis Revocable Trust, dated July 27, 1989, 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 1-2- 2018 By: 0 _ _ William C. O'Donnell General Manager San Dieguito Water District (Notarization of GRANTEE's signatures are attached) 1155 Canton Court,Encinitas CA/260-212 12 00 EXHIBIT 'A' LEGAL DESCRIPTION BEING THAT CERTAIN PORTION OF LOT 5 OF THE CARDIFF COLLECTION IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA PER MAP NO. 15926, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WITH A STRIP OF LAND 5.00 FEET WIDE THE WEST LINE OF WHICH IS DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHERLY LINE OF SAID LOT 5 SHOWN AS HAVING A BEARING AND DISTANCE OF "S89'01'21"E 140.31"; THENCE ALONG SAID NORTH LINE SOUTH 89'01'21" EAST 63.01 FEET TO A POINT ON THE WEST LINE OF A 5.00-FOOT WIDE WATERLINE EASEMENT AS DEDICATED ON SAID MAP NO. 15926; THENCE ALONG SAID WEST LINE SOUTH 00'58'39" WEST 5.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE SOUTH 00'58'39" WEST 5.00 FEET; THE SIDELINES OF SAID 5.00-FOOT STRIP OF LAND SHALL TERMINATE SOUTHERLY IN A LINE PERPENDICULAR TO THE LAST MENTIONED COURSE AND NORTHERLY IN THE SOUTHERLY LINE OF SAID 5.00-FOOT WIDE WATERLINE EASEMENT DEDICATED PER MAP NO. 15926. CONTAINING 25 SQ. FT. MORE OR LESS. ALL AS PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. o*�� LAND o CC "3'151 CL No. 7725 lF OF 8/29/18 PREPARED BY OR UNDER THE DIRECTION OF DATE EDWARD L. REYNOLDS L.S. 7725 EXP. 12/31/19 SHEET 1 OF 2 C&V CONSULTING, INC. JOB NO. CVEN-010 LEGAL DESCRIPTION al, ENGLIEEING LAND PLANNING AND SURVEYING BY:ER DOMESTIC WATER EASEMENT SCALE: N.A 6 ORCHARD SUITE TOO LAKE FOREST,CALIFORNIA 92630 PHONED 916-3800 FAX 916-3005 • EXHIBIT 'B' ET CANTON 0 ° — — �O COURT LG P.O.C. ^pQ c\, — 63.01' • 0 S89'01'21"E 140.31' SEE 2DE BELOW OOH OA INDICATES AN EXISTING WATER EASEMENT PER MAP NO. 15926 S89'01'21"E - ' 1 2.5' 2.5' 63.01' c 5' in I- ono • . T.P.O.B. 5' - 25 SQ. FT. o ir, o Ui DETAIL 5' NOT TO SCALE 45".0 SCALE: 1" = 40' 0 20 40 80 SHEET 2 OF 2 C&V CONSULTING, INC. JOB NO. CVEN-010 PLAT CWVII, ENGINEERING LAND PLANNING AND SURVEYING BY: ER SCALE: t40 6 ORCHARD SUl 200 DOMESTIC WATER EASEMENT LAKE FOREST. CALIFORNIA 92610 PHONE 019) 916-3000 FAX C9) 916-A05 iji CALIFORNIA ALL"- 1 PURPOSE I CERTIFICATE OF ACKNOWLEDGMENT R ; o A notary public or other officer completing this certificate verifies:only the identity ir, of the individual who signed the document to which this certificate is attached, I',. and not the truthfulness, accuracy, or validity of that document. State of California } , County of Ste, DAeSg) } i On (o J (0 i 20I 6 before me,' .vet• l._GI.AJ(-Q00 rot.4±0■4(4tjI , (Here insert name and title Mine dInc,en personally appeared ) t 1 (�(L. e P Y PP who proved to me on the basis of satisfactoryVVidence to be the person(y) whose name(„ .) is/subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heittkieic authorized capacity(isot and that by his/fir signatrure( on the instrument the person(i), or the entity upon behalf of which the person acted, executed the instrument. i &' I certify under PENALTY OF PERJURY under the laws of the State of California that 1 the foregoing paragraph is true and correct. i; . 1 - 5 1 . JENNIFER CAULFIELD 1 WITNESS my hand and official seal. 1 • COMMI§SIGN NO.2244638 Y .F1 s � NOTARY PUBLIC-CALIFORNIA ln V "" J SAN DIEGO COUNTY i COMMISSION EXPIRES JUNE 01,2022 1i4 ���I N.'Cry irc Sign-a- re dr (Notary Public Seal) # INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments �� ��41 from other states may be completed for documents being sent to that state so long a �C�I�W�V�r �`V-�V as the wording does not require the California notary to violate California notary LAIY42.-_ law. (l Itle or description of attached document) • State and County information must be the State and County where the document 4. signer(s)personally appeared before the notary public for acknowledgment. , R a Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • Number of Pages Document Date LJ+�I t/11 6 I • The notary public must print his or her name as it appears within his or her NJ commission followed by a comma and then your title(notary public). 1 r • Print the name(s) of document signer(s) who personally appear at the time of ): notarization. e CAPACITY.CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they;-is/are)or circling the correct forms.Failure to correctly indicate this ( ki4- Individual i - information may lead to rejection of document recording. i, ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. eImpression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of [[ ❑ Partner(s) the county clerk. �I, ❑ Attorney-in-Fact . Additional information is not required but could help to ensure this II:: ( ❑ Trustee(s) acknowledgment is not misused or attached to a different document. 1 i , Other . Indicate title or type of attached document,number of pages and date. I ❑ .• Indicate the capacity claimed by the signer. If the claimed capacity is a i;. corporate officer,indicate the title(i.e.CEO,CFO,Secretary). I" Securely attach this document to the signed document with a sta 1 e. 'I 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 12 October, 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 personN whose name is/ace. subscribed to the within instrument and acknowledged to me that hebe/4ley executed the same in his/laerlthpir authorized capacity(, and that by his/IherltJaeit signature(Y) on the instrument the person*, or the entity upon behalf of which the person(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 Notary Public-California I ti ' San Diego County Comm.Ex Tres Oct 22 2019 Signa . - ...1111•11. Sib Seal