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2019-329094 F DOC# 2019-0329094 Aug 00, 2019 04:11 FiECtllit�ll� REQUESTED Et1. OFFICIAL RECORDS PM Ernest J Cronenburg, Jr , SAN DIEGO COUNTY RECORDER RDER SAID D <GUITO WATER DISTRICT FEES $0,00 (S B2 Atkins $0 00) FOR THE BENEFIT OF THE DISTRICT PCOR N/A PAGE& 9 WHEN RECORDED MAIL TO: SAN DIEGUITO WATER DISTRICT 160 CALLE MAGDALENA. ENINITAS, CA 92024 A N: 256-340-31, 257-020-27 County Parcel loo, 2018-0324-A GRANT OF EASEMENT FOR WATER LINE DOCUMENTARY TRANSFER TALC is 0 R &T Code 11922 The undersigned, COUNTY OF SAN DIEGO, a political subdivision of the State of alifor ia, hereinafter designated GRANTOR, for a valuable consideration, hereby grants to the SAN DIE UITO WATER DISTRICT, an irrigation district organized and existing under and by virtue of the Caws of the State of California as GRANTEE, receipt whereof is hereby acknowledged, does hereby grant unto said San ieguito 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 fines, 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 easerent 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 PANTEE'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(lie GRANTEE's proposed pipe line or pipe lines (it being expressly understood that the use of[lie surface of the right-of-way for vehicular traffic, pedestrian traffic, landscaping, parking, and/or signage shall be deemed not to unreasonably interfere with GRANT'EE's rights hereunder), And the GRANTOR hereby agrees for himself, his successors or assigns, that lie will not plant trees or construct or cause to be constructed and maintained any buildings or structures ofany nature or kind within ten feet of 3 1 1 Saxon),Lane AIIN 256.340-31-00 and 230 Qaa;aal Gardens Drivc—APN 257-020-27 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 (lie 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 X019, .,day of fly.' De t Erector, OB7 C M S 7 t Asset ManagL)en For: MARKO MEDVED, PE, CEM, Director Department of General Services CA P0 I i+i C.a t to i V i o vt o (Notarization of ALIT id's signatures are attached) Cr-tJornick This is to certify that the interest in real property conveyed by the deed or grant dated_ .... from ........ � Vl Z Six v% V07too the SAN DIEGUITO WATER DISTRICT, a governmental agency is IV hereby accepted and SAN DIEGUITO WATER DISTRICT consents to recordation thereof by its duly authorized officer. ............ Dated .......................P 2019 By: Carl Quiram General Manager San Dieguito Water District (Notarization of GRANTEE's signatures are attached) 3H Saxony Lane AlIN256-,3,40-31-00a�-i(,1230q�u�ii➢Gzt9-de L5 1)6vu AIIN257-0120-27 A notary public or other officer completing this certificate verifies only the identity of the lndividiu a I who signed the document,to which this certificate is attached, and not the truthfulness. accuracy, or v a I idity of that document. STATE OF CALIFORNIA Ss COUNTY OF SAN DIEGO I Oil Z-01� before me, Thomas J. McCabe, Deputy County Clerk in and for said County end State, personally appeared JODY L. MAYS, Deputy Director, Asset Management Department of General Services, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and by her signature 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 official seal. Ernest J. Dronenbuirg, Jr., Assessor/Recorder/County Clerk cot" hri Thomas J. McCabe-Deputy Vol 3 d 1 Saxony Lane APN 256-34o-31-0o and 230 Quail Gardens Drive—AP N 257-0120-27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ------------------------------------------- --------------------------------- AoEnolary public or other officer completing this certificate verifies only the identity of the individual who signed the notary d cum ocurnentl to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. ............... ............................................. ..................................... State of Califo 'la County of................A T On_6ZA&I before me, _AtLizcm-m_1 KA qujo�'t Da Here Insert Name and Title oAthe Officer personally appeared _LW L Narne(s) of Signer(s) .............. who proved to me on the basis of satisfactory evidence to be the person i(o whose narne(jo is/afe, subscribed to the within instrument and acknowledged to me that he/a4aA46y executed the same in NsAie4thajr authorized capacity( , and that b his/4eh4,44eir signature on the instrument the person or the entity upon behalf of which, the person acted, executed the instrument. X I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, RM0 WITNESS m nd officiall seall, 27943 z dornia My - SlgnE!eM?,�� 122,2019 of Notary Public Place Notary Seal Above OP77ONAL TI-Pough tins section is optional, completing this infbr rnation can deter alteration of the docurnent or kaudutent reattachment of this form to an unintended document. Description of Attached Document 'Title or Type of Document: DOCUment Date: .......................... Numberof Pages: I......­,"",­ Signer(s), Other Than Narned Above: .......................................................................................................................................................................................... Capacity(ies) Claimed by Sigrier�s) Signer's Name: , Signer's Name'- l""I'll",'ll""I'll""I'll",'ll""I'll""I"ll""IlI............... .................................................................................................................... Corporate Officer, -- Title(s)� Corporate Officer .— Toe(s). Partner irnited General Partner ' Lir-irifted General Individual Attorney in Fact Individi.,jal Attorney in Fact Trustee Guardian or Conservator Trustee Guardlan or Conservator Other: -1 Other: SignerIs Representing: Signer Is Representing: ................................................................................................................................................................................. ............... 02014 National NotaryASS,Ddation . VWrW,vv,,IllationalIP4otau�,,org 1-800-US NOTARY (1-800-876-6827) ltern #5907 LExhibit 11 A it 2015-0324aA LEGAL DESCRIPTION Water Easement Botanical Garden, Encinitas PARCEL NO, 2018-0324-A (07,15.19) (PTR;PET:TJM:pet) THOSE PORTIONS OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND SOUTHWEST(QUARTER OF THE SOUTHEAST QUARTER, ALL OF SECTION 10, TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ENCINITAS, IN THE COUNTY OF SAN DIEGO,STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 A 15.00 FOOT WIDE STRIP OF LAND, LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE NORTHEAST CORNER OF SAID NORTH HALF; THENCE ALONG THE EAST LINE OF SAID NORTH HALF,SOUTH 2°53'52'°WEST, 310.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EAST LINE, NORTH 89°21'12°' WEST,403,33 FEET; THENCE SOUTH 37°01`01"WEST, 67.27 FEET TO A POINT HEREIN DESIGNATED AS POINT"A"; THENCE SOUTH 3701'01" NEST, 190.54 FEET TO A POINT HEREIN DESIGNATED AS POINT" "; THENCE SOUTH 37'01"01°"WEST, 16.00 FEET TO THE POINT OF TERMINUS. SAID STRIP SHALL TERMINATE EASTERLY IN SAID EAST LINE OF THE NORTH HALF,AND SOUTHWESTERLY IN A LINE THAT 15 PERPENDICULAR TO SAID CENTERLINE AT SAID POINT OF TERMINUS. PARCEL 2 A 20.00 FOOT WIDE STRIP OF LAND, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING; DESCRIBED CENTERLINE: BEGINNING AT THE HEREIN ABOVE DESIGNATED POINT"A"; THENCE SOUTH 52055'59`° EAST, 22.53 FEET TO THE POINT OF TERMINUS. SAID STRIP SHALL TERMINATE NORTHWESTERLY IN THE SOUTHEASTERLY SIDELINE OF THE ABOVE DESCRIBED PARCEL 1,AND SOUTHEASTERLY IN A LINE THAT IS PERPENDICULAR TO SAID CENTERLINE AT SAID POINT OF TERMINUS, Page I of 3 2019-0324-A, PARCEL A 15.00 FOOT WIDE STRIP OF LAND, LYING 7.50 FEET ON EACH 510E OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE HEREIN ABOVE DESIGNATED POINT"B"; THENCE NORTH 52°5$'59"WEST, 12.50 FEET TO THE POINT OF TERMINUS. SAID STRIP SHALL TERMINATE SOUTHEASTERLY IN THE NORTHWESTERLY SIDELINE OF THE ABOVE DESCRIBED PARCEL 1, AND NORTHWESTERLY IN A LINE THAT IS PERPENDICULAR TO SAID CENTERLINE AT SAID POINT OF TERMINUS. PARCEL 4 A 20.00 FOOT WIDE STRIP OF LAND, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE HEREIN ABOVE DESIGNATED POINT"B,"; THENCE SOUTH 52 05$'59" EAST„ 30.61 FEET TO THE POINT OF TERMINUS. SAID STRIP SHALL TERMINATE NORTHWESTERLY IN THE SOUTHEASTERLY SIDELINE OF THE ABOVE DESCRIBED PARCEL 1, AND SOUTHEASTERLY IN A LINE THAT 15 PERPENDICULAR TO SAID CENTERLINE AT SAID POINT OF TERMINUS, PARCELS A 15.00 FOOT WIDE STRIP OF LAND, LYING 7.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 10; THENCE ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 549.95 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE WESTERLY ALONG SAID SOUTHERLY LINE 15.00 FEET TO THE CENTERLINE OF THAT 15 FOOT WIDE WATERLINE EASEMENT(DESCRIBED IN DEED TO THE SAN DIEGUITO IRRIGATION DISTRICT, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 10, 1966 A5 FILE/PAGE MVO. 1966-96007 OF OFFICIAL RECORDS("DISTRICT'S EASEMENT"); THENCE ALONG THE CENTERLINE OF SAID DISTRICT'S EASEMENT, NORTH 253'52'° EAST(NORTH 210'25" EAST PER DEED), 22.60 FEET; THENCE CONTINUING ALONG SAID CENTERLINE, NORTH57-06'08" WEST,53.00 FEET; THENCE NORTH 253'52" EAST, 65.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CENTERLINE,SOUTH 65°16'47" EAST,95.17 FEET TO A POINT(HEREIN DESIGNATED AS POINT"C„; THENCE CONTINUING,SOUTH 65°15'47°' EAST, 10.00 FEET TO THE POINT OF TERMINUS. Page 2 of 3 2018-0324-A SAID STRIP SHALL TERMINATE WESTERLY IN THE EASTERLY SIDELINE OF SAID DISTRICT'S EASEMENT, AND EASTERLY IN A LINE THAT IS PERPENDICULAR TO SAID CENTERLINE THROUGH SAID POINT OF TERMINUS. PARCEL A 20.00 FOOT WIDE STRIP OF LAND, LYING 10.00 FEET CAN EACH 'SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE HEREIN ABOVE DESIGNATED POINT"C"; THENCE SOUTH 24°41°13' EAST, 21,86 FEET TO THE POINT OF TERMINUS. SAID STRIP SHALL TERMINATE NORTHEASTERLY IN THE SOUTHWESTERLY SIDELINE OF THE ABOVE DESCRIBED PARCEL 5,AND SOUTHERLY IN A LINE THAT IS PERPENDICULAR TO SAID CENTERLINE THROUGH SAID POINT OF TERMINUS, PARCELS 1 THRU 6, INCLUSIVE, CONTAIN 12,765 SQUARE FEET, MORE OR LESS, J. THOMAS 9, McCABE, PLS Date Senior Laud Surveyor 67 9 R n �:lG County of San Mego d Deplartment of GeneraI ServIces .w „ Real Estate Services Mvision Page 3 of 3 Exhibit "B" POC PARCEL I I i N j OF' N j OF U) SE 1 OF SW OIF SECTION 10, 713S, aba R4W, SBEI&M APP: 256-340-31 NORTH-SOUTH Owner: County of CfjqTERUNE SEC, 10 San Diego EAST LINE N89*21'12"W OF N 1/2 S37'01`0 I"W 402.33' 67.27' —Tp08 PARCEL I T g ._�., M A 257-020-27 /o t2 POINT 'A Owner: County of Son Diego 15' WIDE SAN DIEGUITO S37'01'01�V N52'5B'59"W IRRIlGATION MT, EASEMENt, 190.54" 22.53' P REC 6/110/1966 AS UP #96007 S O N SE OF F SW GOOF 0) PORTION OF WEST POINT V SECTION 10, T13S, TV OF SIN OF SE R4VV, SBB&M 4 SECTION 10, T13S, R4W, SB APN: 256-340-31 BM & Owner: County of Son Diego TPOB PAR 5 See Detail 'A' Sheet 2 POINT 'C' 1=SLY LINE OF S 1/2 OF N 1/2 OF SE 1/4 OF SW 1/4 See Detail '13' V Q,Q, Sheet 2 NORTH-SOUTH 4,)0 SOUTH 1/4 COR CENTERLINE SEC. 10 SECTION 10' -------------------- ------------- ell DEPARTMENT OF GENE RAL SERVICES .P..,M Dy! TJIA 0 7��15,2 0 1�9 SHEET IN 0' 2 OF 100 REAL ESTATE `SERMCES I ! 1 OF 2 ' ' '0 PET/TJM -.....— 11 COuiqTY OF SAN 0:1'11EG0 I" = 100, PARCEL No. Botanical Garden 0 ff2018-0324 SDWD Water Easement Encinitas F, 6— Exhibit "B" N52'58'59"W 12M' OINT "B" 537-01'01--W""� 16.00' NY<\ 11P Detail 'Ap -1/ 1" 20' N2*53'52"Ejl(� 35,51, i 1 TP0, 5 8 �' I PAR /V 9,9 PA 5.7 OINT *C' s65°18'47""E 10.00' (01 v uil z L 5100' 101, L —8 a"0"o i--w 2 S 4'41'l 3"W 21�86' N2'53'52"E 22M' S89'2 I'l 2"E M 4 0 15.00* ko On Detail `f3' 6 + N V I" — 40' DEPARTMENT OF GENERAL SPVIM TJM a.rc 07115.2019 SHEET No.axn REAL ESTATE SERVICES 2 OF 2 COUNTY OF SAN DIEGO "Aw By, PET/TJM AS SHOWN PARCEL No. Botanical ta Garden 2018-032 4 SDWD Water Easement Enclnls