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2019-9082 DOC# 2019-0009082 IIIII 11111 IIIII OH 11111111111111111111111 11111II II II Jan 09, 2019 03:55 PM OFFICIAL RECORDS RECORDING REQUESTED BY: Ernest J. Dronenburg, Jr., ' )?((e SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) SAN DIEGUITO WATER DISTRICT PAGES 7 FOR THE BENEFIT OF THE DISTRICT WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 160 CALLE MAGDALENA ENCINITAS, CA 92024 APN: 254-430-05-00 GRANT OF EASEMENT FOR WATER LINE DOCUMENTARY TRANSFER TAX is $ 0 The undersigned, LEUCADIA SEA BLUFFE VILLAGE COMMUNITY ASSOCIATION, INC., A California non-profit 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). Leucadia Sea Bluffe Village Community Association,Inc./254-430-05-00 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 said pipeline; 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 and other utilities 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 pipelines and operations, provided, if the location is to be under GRANTEE's pipeline, it must be installed subject to GRANTEE's supervision and approval, and the GRANTEE agrees, after the installation of its pipelines, 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 < A/44 , 2019. By: David J. Allen Board President Leucadia Sea Bluffe Village Community Association, Inc. (Notarization of GRANTOR's signatures are attached) Leucadia Sea Bluffe Village Community Association,Inc./254-430-05-00 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 Sum oIg On Ta t g� l q before me, -NA ri rt)l-4-0/,/J/( ,(216G (insert name and title of th(e officer)/ personally appeared JAACI CJ , PS\ 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. DONNA L.TROTrER � ���% NotaryPublic-California $=r x'�l San Diego County I , _ < :,,;y� Commission 8 2174935 My Comm.Expires Jan 5,2021 Signature Si g Al i%t/ �I� S� (Seal) This is to certify that the interest in real property conveyed by the deed or grant dated i/t3 /2-0t9 , from LEUCADIA SEA BLUFFE VILLAGE COMMUNITY ASSOCIATION, INC., A California non-profit 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 �-. , 2019 By: C✓ William C. O'Donnell General Manager San Dieguito Water District (Notarization of GRANTEE's signature is attached) Leucadia Sea Bluffe Village Community Association,Inc./254-430-05-00 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. ) On CTi.fl 0,1 g�gib lq before me, D V L. r K,/ �dle, (insert name and title of the officer)/ / personally appeared W 1)1(ay. L V y vi ,J 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. mo DONNA L.TROTTER WITNESS my hand and official seal w: Notary Public California �J San Diego County ..'4�7I Commission 0 2174935 My Comm.Expires Jan 5,2021 Signature 1di �)��,%�►,� (Seal) EXHIBIT A WATER EASEMENT DEDICATION THAT PORTION MAP NO. 7274, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED MAY 3, 1972 AS FILE NO. 111250, DESCRIBED AS FOLLOWS: BEING A 20.00 FOOT WIDE EASEMENT FOR WATER LINE(S), LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT AN ANGLE POINT IN THE NORTHERLY LINE OF LOT 423 OF SAID MAP NO. 7274, SAID ANGLE POINT BEING AT THE EASTERLY TERMINUS OF THAT CERTAIN COURSE DELINEATED AS NORTH 89°53'00" EAST, 200.00 FEET; THENCE ALONG SAID NORTHERLY LINE, NORTH 89°25'04" WEST (RECORD, SOUTH 89°53'00" WEST), 32.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 14°49'21" EAST, 51.71 FEET, TO THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED, AS TO TERMINATE IN THE SOUTH, PERPENDICULAR TO SAID CENTERLINE AND IN THE NORTH, ON SAID NORTHERLY LINE OF SAID LOT 423. THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION, IS BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, RECORD BEARINGS SHOWN ON RECORD MAPS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. �0 I ND so_L 4"4, G%iS'ef.P k 7632 Noe; Fie I 50 0 50 100 LINE DATA SCALE 1" = 50' I NO. BEARING LENGTH L1 N89' 25' 04"W 32.40' 1Oc 225717 L2 S14' 49' 21"E 51.71' BOuN°ARY PARCEL 1 NY1 °11 8567 50 7 Sueot`l o0N 11 , IN (FORMER LOT 427 MAP 7274) P.0.B. T.P.O.B. f- N89 25'04"W 167.60' �` Li NORTHERLY LINE LOT 423 X I,DEEIL SA LOT 423 \\ ■\BELOW - a \- o ,, t.19b -o ma .154 SS , ,A?, LOT 423 82 0 °o ,t,, ei °v w t.ANI s U 0 w 45) /,; (c q ,01. am ., O tP .1) 19 ) 7632 * r N -v LOT 423 *�� v - - m ,p& h AP 7274 '23 A1Z � • � 7 2W �Z o THE EXISTING SEWER EASEMENT WAS O `o GRANTED OVER THE ENTIRE PRIVATE STREET —' SHOWN AS 'PARCEL B' ON MAP NO. 7274 T.P.0.B.P' THE EXISTING WATER EASEMENT WAS GRANTED Li PER DOC. RECD 2/23/1972 AS FILE NO. 43208 :11 1 i. :• WARY ALSO OVER THE ENTIRE 'PARCEL B' No` -RLY LINE LO 4 3 , •' \ • ril, p—L&LE \ N\N G I N E E R I N G \ , 7910 CONVOY COURT (858) 715-1420 V. SAN DIEGO, CA 92111 (858) 715-1424 FAX H.E. JOB NO. 17002 • SAN DIEGUITO WATER DISTRICT WATER EASEMENT DEDICATION APPLICANT: PREPARED BY: PROJECT: W2007 ENCINITAS %-- Ca-Ges ✓ ENCINITAS BEACH EXHIBIT B RESORT CO. , LLC HOTEL DALE C. GROSS PLS 7632