2019-10430 RECORDING REQUESTED BY: DOC# 2019-0010430
I IIIII 11111111111111110111111111111111111111111
SAN DIEGUITO WATER DISTRICT Jan 10, 2019 01:17 PM
FOR THE BENEFIT OF THE DISTRICT OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES:$0.00 (SB2 Atkins: $0.00)
PCOR: N/A
WHEN RECORDED MAIL TO: PAGES:16
SAN DIEGUITO WATER DISTRICT
160 CALLE MAGDALENA
ENCINITAS, CA 92024
APN: 216-041-26-00
GRANT OF EASEMENT FOR WATER LINE
DOCUMENTARY TRANSFER TAX is $ 0
The undersigned, ENCINITAS BEACH LAND VENTURE I, LLC , 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, a non-exclusive and permanent easement 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
(collectively, "District Systems"), 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 easement,
together with the right to clear and keep clear said easement from buildings, structures, explosives, trees and
other material or growths that are prohibited hereunder and are not reserved by GRANTEE.
The lands in which such easement 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 across the aforesaid lands shall be as follows:
SEE EXHIBITS "A" & "B"
It is expressly agreed that the GRANTOR reserves the right, at its own risk, to improve and use the surface of
the easement 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 easement for vehicular traffic,pedestrian traffic,
landscaping, hardscaping, sidewalks, curbs and gutters, parking and/or signage shall be deemed not to
unreasonably interfere with GRANTEE's rights hereunder).
And the GRANTOR hereby agrees for itself, its successors or assigns,that it will not plant trees or construct or
cause to be constructed and maintained any buildings or structures of any nature or kind (except those that do
not unreasonably interfere with GRANTEE's rights hereunder)within ten feet(10')of said pipe line,or store or
2100 N Covert Highway 101;APN 216441-26-00
permit to be stored or used upon said easement 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
its successors of said easement (including, without limitation, providing reasonable prior notice of entry where
practicable); agrees not to fence the same; 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 its said property over and across the easement 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. The 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 3 fr CkAr ' , 2019.
ENCINI TAS BEACH LAND VENTURE I,LLC
a Delaware limited liability company
By: FCA Encinitas,LLC,
a Delaware limited liability company
Its: Member
By: Fenway Capital Advisors,LLC,
a Dela‘sar4: limited liability company
Its: iami r, C ,
"1r
By: _ v
Name:-1 a‘+6c:nce Jacket
Title: y1alta .:r
(Notarization of GRANTOR's signatures is attached)
2100 N Coast Highway 101;APN 216-041.26.00
ACKNOWLEDGEMENT
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 )
)ss.
COUNTY OF .__3 Q '..c 5 t; )
On -,� +..-. 1 before me, i a Notary
Public m and for said State, 1
. personally appeared l.. � ..t�� �~�-° �t r.. e ..�
who proved to me on the basis of satisfactory evidence to be the persons)whose name(s)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(i s), and that by his/her/their signatures 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.
WITNESS my hand and offic .+l seal. . . DE VI I oRE
• Commission•2 t39933
Notary Pubic •California
ViLAJAA.r? ` 1 "t% Bart t1Npo County
Signature
Corral.Ea as Jan t,2020
t
(Area for Notary Seal)
This is to certify that the interest in real property conveyed by the deed or grant dated 111 1 61 , from
ENCINITAS BEACH LAND VENTURE I,LLC 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: Li O
William C. O'Donnell
General Manager
San Dieguito Water District
(Notarization of GRANTEE's signatures is attached)
2100 N Coast Highway 101;APN 216-041-26-00
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 Diego )
On 9 January, 2019 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 whose name{}is/ar4a-
subscribed to the within instrument and acknowledged to me that he +ey executed the same in
his/heN#heif-authorized capacity, and that by hisfhar/their signatures on the instrument the
persong or the entity upon behalf of which the personiyacted, 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 O ROMERO
Commission+r 2127943
WITNESS my hand and official seal. Am. :
y '• Notary Public California
PVT" San Dego County•
' 1 Comm Ex eras 0ct 22.2019
Signatur;={ (Seal)
EXHIBIT A
ONSITE WATER EASEMENT
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 18587, IN THE CITY OF ENCINITAS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED NOVEMBER 21, 2000 AS FILE NO. 2000-
0635224, DESCRIBED AS FOLLOWS:
PARCEL'A':
BEING A 20.00-FOOT-WIDE EASEMENT FOR WATER LINE(S)AND APPURTENANCES, LYING 10.00
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE;
BEGINNING AT MOST NORTHEASTERLY CORNER OF SAID PARCEL 1;
THENCE ALONG THE NORTHERLY LINE THEREOF, SOUTH 47°43'25' WEST, 3.94 FEET TO THE
WESTERLY RIGHT OF WAY OF CALIFORNIA STATE HIGHWAY XI-SD-2-B,ALSO KNOWN AS NORTH
HIGHWAY 101, ALSO KNOWN AS CARLSBAD BOULEVARD;
THENCE ALONG SAID WESTERLY RIGHT OF WAY, SOUTH 43°00'55" EAST, 6.50 FEET;
THENCE LEAVING SAID WESTERLY RIGHT OF WAY, SOUTH 49°11'27" WEST, 5.05 FEET TO THE
BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY,A RADIAL
LINE TO WHICH BEARS NORTH 40°48'33"WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
35°18'27"AN ARC DISTANCE OF 55.46 FEET;
THENCE SOUTH 13°53'00' WEST, 18.59 FEET TO THE BEGINNING OF A TANGENT 78.00 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO WHICH BEARS SOUTH
78°07'00' EAST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
19°47'48"AN ARC DISTANCE OF 28.28 FEET;
THENCE SOUTH 33°40'47' WEST, 7.05 FEET TO THE BEGINNING OF A TANGENT 152.00 FOOT
RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL LINE TO WHICH BEARS SOUTH
56°19'13' EAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF
17°57'03'AN ARC DISTANCE OF 47.62 FEET TO POINT'A' OF THESE DESCRIPTIONS;
THENCE CONTINUING SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 18°49'17'AN ARC DISTANCE OF 49.93 FEET;
THENCE SOUTH 70°27'07' WEST, 97.86 FEET TO THE BEGINNING OF A TANGENT 212.00 FOOT
RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO WHICH BEARS SOUTH 19°32'53'
EAST;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
02°55'27'AN ARC DISTANCE OF 10.82 FEET;
EXHIBIT A
ONSITE WATER EASEMENT
PARCEL'A'CONTINUED:
THENCE SOUTH 73°22'34" WEST 21.71 FEET TO THE BEGINNING OF A TANGENT 212.55 FOOT
RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO WHICH BEARS SOUTH 16°37'26"
EAST;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
22°19'13',AN ARC DISTANCE OF 82.80 FEET;
THENCE SOUTH 84°14'43" WEST, 14.50 FEET TO THE BEGINNING OF A TANGENT 212.00 FOOT
RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL LINE TO WHICH BEARS SOUTH 05°45'1T'
WEST;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
03°14'28'AN ARC DISTANCE OF 11.99 FEET TO POINT'B' OF THESE DESCRIPTIONS;
THENCE CONTINUING WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 06°08'24",AN ARC DISTANCE OF 22.72 FEET;
THENCE NORTH 74°51'50" WEST, 10.58 FEET TO THE BEGINNING OF A TANGENT 212.00 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY,A RADIAL LINE TO WHICH BEARS SOUTH 15°08'10"
WEST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
08°01'09"AN ARC DISTANCE OF 29.67 FEET;
THENCE NORTH 66°50'42"WEST, 34.71 FEET;
THENCE NORTH 62°33'45' WEST, 24.14 FEET TO THE BEGINNING OF A TANGENT 214.00 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY,A RADIAL LINE TO WHICH BEARS SOUTH 27°28'15"
WEST;
THENCE NORTH WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 13°47'24"AN ARC DISTANCE OF 51.51 FEET;
THENCE NORTH 48°46121"WEST, 28.92 FEET;
THENCE SOUTH 88°18'40'WEST, 15.38 FEET;
THENCE SOUTH 41°16'40"WEST, 18.44 FEET TO POINT'C' OF THESE DESCRIPTIONS;
THENCE CONTINUING, SOUTH 41°16'40'WEST,24.00 FEET;
EXHIBIT A
ONSITE WATER EASEMENT
PARCEL'A'CONTINUED:
THENCE SOUTH 12°58'20' EAST, 137.31 FEET TO POINT'D' OF THESE DESCRIPTIONS;
THENCE CONTINUING, SOUTH 12°58'20" EAST, 127.79 FEET TO POINT 'E' OF THESE
DESCRIPTIONS AND TERMINUS OF THE HEREIN DESCRIBED CENTERLINE.
EXCEPTING THEREFROM, THAT PORTION LYING NORTHERLY OF THE NORTHERLY BOUNDARY
OF SAID PARCEL 1.
THE SIDELINES OF SAID PARCEL 'A' ARE TO BE PROLONGED OR SHORTENED, AS TO
TERMINATE IN THE NORTHEAST, ON SAID WESTERLY RIGHT OF WAY OF STATE HIGHWAY XI-
SD-2-B, ALSO KNOWN AS NORTH HIGHWAY 101,ALSO KNOWN AS CARLSBAD BOULEVARD,AND
IN THE SOUTH PERPENDICULAR TO SAID CENTERLINE.
PARCEL'B':
BEING A 10.00 FOOT WIDE EASEMENT WATER LINE(S)AND APPURTENANCES, LYING 5.20 FEET
EASTERLY AND NORTHERLY AND 4.80 FEET WESTERLY AND SOUTHERLY OF THE FOLLOWING
DESCRIBED CENTERLINE;
COMMENCING AT THE HEREINABOVE DESCRIBED POINT 'E', SAID POINT 'E' BEING THE TRUE
POINT OF BEGINNING OF PARCEL'B';
THENCE SOUTH 12°58'20' EAST, 7.95 FEET;
THENCE SOUTH 89°28'00" EAST, 128.45 FEET;
THENCE SOUTH 14°49'21" EAST, 5.01 FEET AND TERMINUS OF THE HEREIN DESCRIBED PARCEL
'B'.
THE SIDELINES OF SAID PARCEL'B'ARE TO BE PROLONGED OR SHORTENED AS TO TERMINATE
IN THE NORTH, PERPENDICULAR TO SAID CENTERLINE AND IN THE SOUTH, ON THE
SOUTHERLY LINE OF SAID PARCEL 1.
EXHIBIT A
ONSITE WATER EASEMENT
PARCEL'C':
BEING A 20.00 FOOT WIDE EASEMENT FOR WATER LINE(S)AND APPURTENANCES, LYING 10.00
FEET ON EACH SIDE THE FOLLOWING DESCRIBED CENTERLINE;
COMMENCING AT THE HEREINABOVE DESCRIBED POINT 'D', SAID POINT 'D' BEING THE TRUE
POINT OF BEGINNING OF PARCEL'C';
THENCE NORTH 77°01'40" EAST, 17.98 FEET AND THE TERMINUS OF THE HEREIN DESCRIBED
PARCEL'C'.
THE SIDELINES OF SAID PARCEL 'C' ARE TO BE PROLONGED OR SHORTENED AS TO
TERMINATE IN THE EAST, PERPENDICULAR TO SAID CENTERLINE AND IN THE WEST, ON THE
EASTERLY SIDELINE OF THE AFOREMENTIONED PARCEL'A'.
PARCEL'D':
BEING A 20.00 FOOT WIDE EASEMENT FOR WATER LINE(S)AND APPURTENANCES, LYING 10.00
FEET ON EACH SIDE THE FOLLOWING DESCRIBED CENTERLINE;
COMMENCING AT THE HEREINABOVE DESCRIBED POINT 'C', SAID POINT 'C' BEING THE TRUE
POINT OF BEGINNING OF PARCEL'D';
THENCE SOUTH 48°43'20' EAST, 23.19 FEET AND TERMINUS OF THE HEREIN DESCRIBED
CENTERLINE.
THE SIDELINES OF SAID PARCEL 'D' ARE TO BE PROLONGED OR SHORTENED AS TO
TERMINATE IN THE SOUTH, PERPENDICULAR TO SAID CENTERLINE AND IN THE NORTH ON THE
SOUTHERLY SIDELINE OF LINE OF THE AFOREMENTIONED SAID PARCEL'A'.
EXHIBIT A
ONSITE WATER EASEMENT
PARCEL'E':
BEING A 20.00 FOOT WIDE EASEMENT FOR WATER LINE(S)AND APPURTENANCES, LYING 10.00
FEET ON EACH SIDE THE FOLLOWING DESCRIBED CENTERLINE;
COMMENCING AT THE HEREINABOVE DESCRIBED POINT 'B', SAID POINT 'B' BEING THE TRUE
POINT OF BEGINNING OF PARCEL'E';
THENCE SOUTH 09°16'37 WEST, 38.22 FEET AND TERMINUS OF THE HEREIN DESCRIBED
CENTERLINE.
THE SIDELINES OF SAID PARCEL'E'ARE TO BE PROLONGED OR SHORTENED AS TO TERMINATE
IN THE SOUTH, PERPENDICULAR TO SAID CENTERLINE.
PARCEL'F':
BEING A 46.00 FOOT WIDE EASEMENT FOR WATER LINE(S)AND APPURTENANCES, LYING 23.00
FEET ON EACH SIDE THE FOLLOWING DESCRIBED CENTERLINE;
COMMENCING AT THE HEREINABOVE DESCRIBED POINT 'A', SAID POINT 'A' BEING THE TRUE
POINT OF BEGINNING OF PARCEL'F';
THENCE SOUTH 38°22'10" EAST, 40.05 FEET AND TERMINUS OF THE HEREIN DESCRIBED
CENTERLINE.
THE SIDELINES OF SAID PARCEL'F'ARE TO BE PROLONGED OR SHORTENED AS TO TERMINATE
IN THE SOUTH, PERPENDICULAR TO SAID CENTERLINE.
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.
THIS LEGAL DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION;
DALE C. GROSS, PLS 7832 l 0 s�Ry
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MAP 7274
LEGEND
PROPERTY LINE/RIGHT–OF–WAY
EASEMENT CENTERLINE. . i WM•St;,‘:‘
I
EASEMENT WIDTH . . . . . . . . — _
PORTIONS OF EASEMENT. Nor&' A
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EXCEPTIVE * 7032
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7910 CONVOY COURT :858, 715-1420
SAN DIEGO, CA 92111 '85' FAX H.E. JOB NO. 17002
ONSITE WATER EASEMENT SAN DIEGUITO WATER DISTRICT
APPLICANT: PREPARE &Y.' PROJECT: A.P.N. 216-041-26-00
ENCINITAS BEACH ENCINITAS BEACH EXHIBIT B
LAND VENTURE I, LLC DALE C. GROSS PLS 7632 RESORT
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SAN DIEGO, CA 92111 858 715-1424 FAX H.E. JOB NO. 17002
ONSITE WATER EASEMENT SAN DIEGUITO WATER DISTRICT
APPLICANT: PREPARED Y: PROJECT: A.P.N. 216-041-26-00
ENCINITAS BEACH CitZ ENCINITAS BEACH EXHIBIT B
LAND VENTURE 1, LLC DALE C. GROSS PLS 7632 RESORT
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SAN DIEGO, CA 92111 (,115!?! 715-1424 FAX H.E. JOB NO. 17002
ONSITE WATER EASEMENT SAN DIEGUITO WATER DISTRICT
APPLICANT: PREPARED PROJECT: A.P.N. 216-041-26-00
ENCINITAS BEACH ENCINITAS BEACH EXHIBIT B
LAND VENTURE I, LLC DALE C. GROSS PLS 7632 RESORT
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7910 CONVOY COURT 858 715-1420 SCALE 1" = 30'
SAN DIEGO, CA 92111 85' 715-1424 FAX H.E. JOB NO. 17002
ONSITE WATER EASEMENT SAN DIEGUITO WATER DISTRICT
APPLICANT.: PREPARED Y. PROJECT: A.P.N. 216-041-26-00
ENCINITAS BEACH ENCI NI TAS BEACH EXHIBIT B
LAND VENTURE I, LLC DALE C. GROSS PLS 7632 RESORT
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ONSITE WATER EASEMENT SAN DIEGUITO WATER DISTRICT
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LINE DATA LINE DATA
NO. BEARING LENGTH NO. BEARING LENGTH
L 1 S47' 43' 25"W 3.94' L11 N48' 46' 21"W 28.92'
L2 S43' 00' 55"E 5.50' L12 S86' 16' 40"W 15.38'
L3 S49' 11' 27"W 5.05' L13 S41' 16' 40"W 18.44'
L4 S13' 53' 00"W 18.59' L14 S41' 16' 40"W 24.00'
L5 S33' 40' 47"W 7.05' L15 S14' 49' 21"E 5.01'
L6 S73' 22' 34"W 21.71' L16 N77' 01' 40"E 17.98'
L7 N84' 14' 43"W 14.50' L17 S48' 43' 20"E 23.19'
l
L8 N74' 51' 50"W ! 10.58' L18 S9' 16' 37"W 38.22'
L9 N66' 50' 42"W 34.71' L19 S38' 22' 10"E 40.05'
L10 ''I N62' 33' 45"W 24.14' L20 S12' 58' 20"E 7.95'
CURVE DATA
NO. ' DELTA I RADIUS LENGTH
Cl 19'47'48" 76.00' 26.26'
C2 17'57'03" 152.00' 47.62'
C3 18'49'17" 152.00' 49.93'
C4 2'55'27" 212.00' 10.82'
C5 ; 22'19'13" 212.55' = 82.80'
C6 fi 314'28" 3 212.00' ; 11.99'
C7 6'08'24" 212.00' 22.72'
C8 8'01'09" 212.00' 29.67'
C9 ? 13'47'24" ; 214.00' 51.51'
; HALE
G I N E E R I N (3 SHEET 6
7910 CONVOY COURT 858 715-1420 H.E. JOB NO. 17002
SAN DIEGO, CA 92111 858 715-1424 FAX
ONSITE WATER EASEMENT SAN DIEGUITO WATER DISTRICT
APPLICANT: PREPARED BY: PROJECT: A.P.N. 216-041-26-00
ENCINITAS BEACH ENCINITAS BEACH EXHIBIT B
LAND VENTURE I, LLC DALE C. GROSS PLS 7632 RESORT