Grant of Easement 1980-247543 ,� , ILE/PACE N0. SQ-247543
BOC., 1930
MMOUAT IUN F ECORDED REQUEST OF
liCCOfund // Co.fund tlLe ,111furance C
RECORDING REQUESTED BY:
Auc 'Q 13 AH '80
POWAY MUNICIPAL WATER DISTRICT
SAN DIEGO COUNTY. CALIF
AND WHEN RECORDED MAIL TO VERA L ( •;
RECORDER
NAME PowaysMunicipalWat-
STREET itrict
RECORDER:
ADDRESS 12324 Oak Knoll Roa ;;, regio dingo.cn�ge
•ctied Instrum nt. It
CITY Poway Is Doing race •ad In
STATE California cannactlonwit, aGoy t
ZIP 92064 ernmentaI Aga cy tra-
nsaction.
ra This space for Recorder's use NO FEC
nsactlon.
Title Order No. 327467-R NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 275-461 -05, 06
GRANT OF EASEMENT
W. M. CHANCE and JUDITH A. CHANCE, husband and wife as community_propertyt
R. J. McELLIOTT and KAREN L. McELLIOTT, husband and wife as community property, and
_._L_A._IQRJAEY__and__LQRRAII 11.0.1ARTY...h bA _And_>Ki _AS__cammuni ta_ naver_ty
(hereinafter "GRANTOR") hereby grants to____P.QILAY MUNICIPAL WATER DISTRICT, a public corporation
(hereinafter "GRANTEE"), its successors, or assigns, the following described ease nt for a right of way 20.00
feet in width, in, upon, over, under and across 'he lands described below, to erect, construct, reconstruct, replace, repair,
maintain, and use a pipeline or pipelines for any and all purposes, together with such fixtures and appurtenances, including,
but not limited to, facilities for power transmission and communication purposes, at such locations and elevations, upon,
along, over and under the right of way described below as GRANTEE may now or hereafter determine in its sole discretion
without any additional compensation therefor, together with the right of ingress and egress from the easement by a practical
route or routes in, upon, over, or across the land described below, together with the right to use this easement for access to
GRANTEE's rights of way situated,in adjacent lands, without any additional compensation therefor.
The land encompassing this easement is situated in the County of .an_fIg.9P , State of California, and is more
particularly described as follows, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
6/rg7 c .
FILE
C( . �� t QRAlmARK 611'1 I8O. DOC. #35 I
No Poi i ei
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4
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EXHIBIT "A"
PARCEL 1 :
All that portion of Lots 3 and 4 in Section 35, Township 13 South, Range
2 West, San Bernardino Base and Meridian, in the County of San Diego, State
of California, according to the Official Plat thereof, described as follows :
BEGINNING at a point in the Westerly boundary of said Lot 3 distant thereon
South 13°02'59" West 1149.06 feet from the Northwesterly corner thereof;
thence along said Westerly boundary and the Westerly boundary of said Lot 4,
South 13°02'59" West 202.81 feet; thence leaving said Westerly boundary,
South 83°50'40" East 503.63 feet to the center line of that certain 60.00
foot county road known as Mission Road 1 -A, also known as Pomerado Road;
thence along said center line North 2°07'00" East 84.06 feet to an angle
point therein; thence continuing along said center line North 1°22'30" East
117.91 feet to an intersection with a line bearing South 83°50'40" East
from the Point of Beginning; thence North 83°50'40" West 463.54 feet to
the Point of Beginning.
PARCEL 2:
All that portion of Lot 3 in Section 35, Township 13 South, Range 2 West,
San Bernardino Base and Meridian, in the County of San Diego, State of
California , according to Official Plat thereof, described as follows :
BEGINNING at a point in the Westerly boundary of said Lot 3 distant thereon
South 13°02'59" West 971 .80 feet from the Northwesterly corner of said Lot 3;
thence along said Westerly boundary South 13°02'59" West 177.26 feet; thence
leaving said Westerly boundary South 83°50'40" East 463.54 feet to the
center line of that certain 60.00 foot county road known as Mission Road
1-A, also known as Pomerado Road; thence along said center line North 1 °22'30"
East 176.59 feet to an intersection with a line bearing South 83°50'40"
East from the Point of Beginning; thence North 83°50'40" West 427.53 feet to the
Point of Beginning.
R/W No: 327467-R
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1i3 8
Said easement of right of way in the aforesaid lands is particularly described as follows:
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF
GRANTOR, its heirs, successors, and assigns, shall not erect or construct or permit to be erected or constructed, any
building, structure or improvement on, over or under any portion of the easement, nor shall GRANTOR, its heirs, successors,
or assigns, plant any tree or trees or plant any other vegetation or flora, nor dig or drill any hole or wells on any portion of
the easement.
GRANTEE may, in its sole discretion, erect, maintain, or use gates in all fences which now cross or later cross any
portion of the easement. GRANTEE shall also be entitled to trim, cut, or clear away any trees, brush, or other vegetation or
flora from time to time as GRANTEE determines in its sole discretion without any additional compensation.
GRANTEE shall be entitled to partition, assign, joint venture, or share all or any portion of this easement with any other
public agency or utility including, but not limited to, any agency supplying water or sewer services or facilities to the public
as GRANTEE may determine in its sole discretion without paying any additional compensation to GRANTOR or GRANTOR's
heirs, successors, or assigns, therefor.
GRANTOR agrees that no other easement or easements shall be granted on, under, or over this easement without obtaining
the prior written consent of GRANTEE.
GRANTEE may at any time increase its use of the easement, change the location of pipelines or other facilities within
the boundaries of the easement right of way, or modify the size of existing pipelines or other improvements as it may deter-
mine in its sole discretion from time to time without paying any additional compensation to GRANTOR or GRANTOR's heirs,
successors, or assigns, provided GRANTEE does not expand its use of the easement beyond the easement boundaries de-
scribed above.
It is also understood and agreed by the parties that the GRANTOR and the GRANTOR's heirs, successors, or assigns,
shall not increase or decrease or permit to be increased or decreased the existing ground elevations of the above—described
easement which exists at the time this document is executed without obtaining the prior written consent of the GRANTEE.
In the event of any dispute involving this Agreement, whether or not litigation is commenced, or if any arbitration pro-
ceeding, adminstrative proceeding or litigation in law or in equity, including an action for declaratory relief, is brought to
enforce or interpret the provisions or performance of this easement, the prevailing party shall be entitled to an award of all
attorney's fees and the costs of the proceeding, which shall be determined by the court or the presiding officer having au-
thority to make this determination.
GRANTOR expressly warrants and represents that GRANTOR has the power to grant this easement in accordance with
its terms.
In U)iltlrss /hrrudf, the GRANTOR has executed this E sement this 20th day of June 19 80
E c dinthe Presenceo [,]. M. CE •
a a ziz
Witness. ITH A. CHANCE
1
air •... . 1 ' ►�/ (yleitC.L.
Witness. R. . McELLIO T
R/W No. 327467-R20"7 :. N Mc ' IOT
DRAWN BY • /� ,
CHECKED BY D. A. MORIARTY
ACCT. NO. C-P03-303-00 _
DATE June 12, 1980/mb
BEC(C)-R/W(80) LORRAINE MORIARTY
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18u9
EXHIBIT "B"
All those portions of the property described in said Exhibit "A"
included within a strip of land 20.00 feet of even width, the center
line of said 20.00 foot wide strip of land being described as follows:
Commencing at the Southeast corner of the Property described in Parcel
2 in said Exhibit "A"; thence along the Easterly line thereof, North
1 °22'30" East 145.84 feet; thence North 88°37'30" West 30.00 feet to the
Westerly right of way line of said Mission Road 1 -A, being the TRUE POINT
OF BEGINNING; thence continuing North 88°37'30" West 177.00 feet; thence
South 60°02'47" West 54.00 feet; thence South 1 °22'30" West 112.00 feet.
R/W No. 327467-R
1
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LOT 2
LOT 3
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NW CORNER
OF LOT 3
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SECT/ON 35
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\,,,..,\\\,, .. INDICATES WATER 5/I 5/
LINE EASEMENT
— 1 -
Project: RANCHO BERNARDO CONVALESCENT HOME
References : PLAT C .A.N. C-P03-303-00
of easements required by the R/W ti 3274'7-R _
Poway Municipal Water District Tax Par. 275-46/-05, 06__
Bocce E Camara Base Map 3
Scale: / /00' consulting IIngineers , ,rcnItvcts Date: JUNE /2,19 80
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. 1612
CERTIFICATE OF ACCEPTANCE
I, HARRY BARBER , as GENERAL MANAGER
and agent for POWAY MUNICIPAL WATER DISTRICT, a public
corporation, make the following certification on its behalf :
This is to certify that the interest in real property
conveyed by Grant of Right of Way dated June 20, 1980
from W.M. CHANCE and JUDITH A. CHANCE, husband and wife as
community property, R.J. McELLIOTT and KAREN L. McELLIOTT, husband
and wife as community property, and D.A. MORIARTY and LORRAINE
MORIARTY, husband aria wite as community property.
to POWAY MUNICIPAL WATER DISTRICT, a public corporation,
is hereby accepted by the undersigned agent on behalf of
the Board of Directors pursuant to authority conferred by
resolution of the Board of Directors and the grantee
consents to recordation thereof by its duly authorized
agent.
DATED: July 21, 1980
POWAY MUNICIPAL ER DISTRICT
(-2 _,By
Harry Barber, General Manager
(2-79)
.
i i810 •
PARTNERSHIP FORM
STATE OF
County of ss
On this day of A.D., 19 before me
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
known to me to be one of the partners of the partnership that
executed the within instrument, and acknowledged to me that such partnership executed the same.
3J1 !IIitnf55 Wtltutof,I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
Notary Public in and for said County and State.
STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO _ ss
June 27 _ 19$Q_,
before me, the undersigned, a Notary Public in and for said State, personally appeared
W. M. CHANCE, JUDITH A. CHANCE, R. J. McELLIQII
KAREN L. Mc ELLIOTT, D _A.__MORIARTY, LORRAINE ---
MORIARTY --------- ,known to me,
'mom suw to be the persons whose name_ are _subscribed to the within Instrument,
'. ;. ; 0. and acknowledged to me that _they_ executed the same.
u .,!..,..... goim1lw "o
011 '•r— WITNESS my hand and official seal.
---- /6-- -r--/-
Notary Public in and for said State.
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ACKNOWLEDGMENTGeneral—wotcotts Form 233—Rev —M
CORPORATION FORM
STATE OF
County of ss
On this day of A.D., 19 before me
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
known to me to be the President
and known to me to be the Secretary
of the
the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on
behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same.
ill Witness Wtlfrfof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written. 1
Notary Public in and for said County and State.
I