Loading...
Grant of Easement 1980-257455 eQ- 57 • ,- • FILE/P N �S.S ';�• BOOK ?980-- aecOMMnOAT10N num1 s ® RECORDED REQUEST OF • RECORDING REQUESTED BY: .&7d gate -Insurance &. • AUC 13 9 46 AH '80 POWAY MUNICIPAL WATER DISTRICT • OFFICIAL RECORDS AND WHEN RECORDED MAIL TO: SAN DIEGO COUNTY.CALIF. VERA L. LYLE NAME Poway Municipal Water District RECORDER STREET ADDRESS 12324 Oak Knoll Road CITY Poway RECORDER:, ' STATE California pteeee ma.noch.ren • . ZIP 92064 for nw:arden(t the Mt- ,,. This space for Recorder's use NO FEE 325544-R Ie mrecu. no.In, Title Order No. onnectlohes.n rimEa Gar. NO DOCUMENTARY TRANSFER TAX NO FEE Tax Parcel No. 275-240-18 er.nmeotalaction. Agency ire. NT OF' EASEMENT • WINTON INVESTMENTS INC. , a California ,corporation, and ANTONIO ULLOA and EULALIA ULLOA, husband and wife (hereinafter "GRANTOR") hereby grants to POWAY MUNICIPAL WATER DISTRICT, a public corporation (hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way 30.00 feet in width, in, upon, over, under and across the 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 San Diego State of,Califomia, and is more particularly described as follows, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FILE l!a-liQAzIIiA?,/ DOC. # 3S1/ • 1657 EXHIBIT "A" Parcel 59 as shown and delineated on Record of Survey Map No. 3842 filed in the Office of the County Recorder of San Diego County; February 15, 1956, being a portion of Section 36, 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. EXCEPTING that portion lying Easterly and Northeasterly of a line described . as follows: Beginning at the Northwest corner of said Parcel 59, said point being also a point in the center line of a 60.00 foot easement reserved for road; thence along, the North boundary of said Parcel 59, South 87°35'19" East 834:60 feet to an angle point therein; thence continuing along said boundary South 88°09'19" East 120.00 feet to the Northwesterly corner of Green Valley Highlands Unit No. 1 , according to Map thereof No. 6228, filed in the'Office of the County Recorder of San Diego County and the TRUE POINT OF BEGINNING of the hereindescribed line; thence along the boundary of said Map No. 6228, as follows: South 14°55'29" West 179.00 feet; South 28°04 '31 " East 531 .00 feet to Point "A" of this description; South 43°02'00". East 134.60 feet; South 29°20'00" East 415.30 feet; North 81 °08'30" East 118.88 feet and South 75°00'00" East to an intersection with the center line of the above-mentioned 60.00 foot road easement. ALSO EXCEPTING that portion lying Northerly of a line described as follows: Beginning at said Point "A" described above; thence South 31°25'00" West 158.00 feet; thence North 57°15'00" West 460.00 feet;.• thence South 80°00'00" West 357.00 feet; thence .North 71°15'00" West in a straight line to an intersection with the Westerly boundary of said Parcel 59, being.also a center line of the above-mentioned 60.00 foot road easement. • • • • R/W No. 325544-R ® 1658 Said easement of right of way in the aforesaid lands is particularly described as follows: All that portion of the property described in said Exhibit "A" included within that certain 60.00 foot wide strip of land as delineated and designated on said Record of Survey Map No. 3842 as "60 foot Easement Reserved for Road. " 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 etermine 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 et 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. �Il Witness Dina, the GRANTOR has executed this Easement this day of , 19 Executed in the Presence of: re?e e ctil, Witness. V Witness. Liqlieke W/LAa R/W No. 325544-R DRAWN BY CHECKED BY ACCT. NO. C-P03-239-01 DATE July 17, 1980/mb - SEC(C)—R/W(80) • 59 PARTNERSHIP FORM STATE OF }ss County of 11 • On this day of A.U., 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. .P11 Willlfss 111IJfrtof, 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. • GENERAL FORM STATE OF California County of....$ A. d .J)i.egn 66 On this 28th..day of iJu;y A.D., 19..$.0., before me,....nt.'.&.+or4a.,Dorr••` a Notary yublic in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared ...Antoni.n-.111.1.oa..and..Eulal ia.•Ukl.oa personally known to me to be the person.s...whose name are subscribed to the within Instrument, and duly acknowledged to me that they executed the same. �11 WWJllnrss Wtgrf0(, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. f5,'5LGL5L551Z151FIF14lF1'F L lhl5l5l§LFL9 OFFICIAL SEAL B] GLORIA DORR is cv 21214A— `• -'ti '• NOTARY PUBLIC CALIFORNIA ' PRINCIPAL OFFICE IN Notary Public in and for said County and State. SAN DIEGO COUNTY c •MY ^COMMISSION EXPIRES JUNE 10. 1933 el L • . rn n' Ic cvIsG:^nAL n L'IGFtS . J � 5T CORPORATION FORM STATE OF...Gali£nr.nia County of 'Ian..Diego ss On this 2/St day of JLIAX A.U., 19.$.0.., before me.....Acixi nnQ...M;...11a.1.l. a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Fred B. Winton, Jr. known to me to be the President and known to me to be the Secretary of the WINTON INVESTMENTS, INC. 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. 31I1 11111t1f55 1111Jf1'fe(, I have hereunto set my hand and aft' ed)my official seal the day and year in this certificate first above written, OFFICIAL SEAL eye. ' Adrienne M. Hall .�,Q_L NOTARY PUBLIC-CALIFORNIA €ri:42"1": !� PRINCIPAL OFFICE IN I Notary Public in and for said County and State. SAN DIEGO COUNTY My Commission Expires Feb. 17. 1984 Itt6 0 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 EASEMENT dated July 28, 1980 from WINTON INVESTMENTS INC. , A California Corporation, and ANTONIO ULLOA and EULALIA ULLOA , husband and wife 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: August 5, 1980 POWAY MUNICIPAL WATER DISTRICT ( v=72‘L By w Harry Bar•er, .eneral Manager (2-79) rr::,- - -_ �,r \ 95 9 91 +8. 'la1 f - a 8: 1 loo . , _ �� tilgt;011 1 6 ! • lol • E • , 3o TATE -'. C.° ' 103 ty .. I17 118 119 E II • 99 102 UN . _• !04 15 Ira s6 ce,,r r r 3 11 4 " 112 1 1411t !OT 15111 64e''ti � 11111111/11111!! o111 sp � �o di 0.., R:of-7-, kip 108 r 109 1\4 59 I Co" 2S . 11111111111 41- 1 •LLE Y 16 =��:.. 9 �a . • 11 'It1 6 Z a,: ‘\ 5 8 le 6,r 4„ i0 1. • \ d')61, ak a7 o \ ER - ti NAY • I — - - - ` 11 as • • • , / 9f G 65 e._ / :� -- -- --- / ... ��''Mr 8r. '/Sr ez 1c,.r es`p_ . a M •. `� 7 R . o fS_ •.. • . 3., ...• . / I _ . ,. .... • .:,•, --r' _. -...-.,.•\.•._•„. ` / '!' , -,,,,. . ..,.-.„, • \ / N -.--.0,..„ .„, t .: :.4 • "`.: I 1.0 M.G/ • 4" t O.. • ® f7. 2 n..c,. Project : DISTRICT EASEMENTS References : PLAT C .A.N. c-Po3.239-0/ of easements required by the R/W 325544-k Poway Municipal Water District Tax Par. 275.24O-/8 __ 0 Botie EnoriegierrIg c - Base Map 3 Sca 1 e: / "-400' consulting ■nginsers r ercnftects Date : �F p • • • RECORD OF SURVEY N' 3 $11-z to be Plat Ls for eorrect,the CCor aid in locating your land with reference to streets and other mpany assumes no liability for any loss occurring by reason f rel anceVthereon.hile this�I't is brl�ved (55 � I. / 114-Ppe to �J 1? I �•/e_ -- - n'!r•arre iss nl 00•is:.r /.20129 _- ',V1.00•/.2-.! „x 1. '50-CV ti - - J.7 0-71r- -- - �, . :1 !!O' 443.04. d•IO' Q./� AOIts.. �•• T•t.chr R•/Io I /.re s. l d•22'/0• r 4.8.4.15' r•te.20 4•/420.0• • I ro r 200' L•At.2I ,7.4.00 . .� • •!0/e r 7.442.25' I L. 77..28 • w !4•q5,____v .i. 2B.B9 /�e. �i r. d c ��� I 32./9 Ac. Nt. 0. • 57 N h C� 3 }off^ �oI ~t�-a ''4 r A. k '- " -.2-I v••{r. ' 7.17.:17 01 QS • 0 �i V w • 2 t4 • �'y ),' -.2-•;e,,,,,- ' ti I, l z i '.'4y1 v / �.A�3a' Ir1/•O'J' ' 11 _.gym-t•4t .+.r- �'• •96 .O 4f ate- -; /39-b' d Hs nrvs'�/`R �, t a r 440• � \!� ,�•,a.. Q•2/ 4G' { L.2��? ....---.1 .1).....9.. '., �9. oars. 7+//1.39' / •� I -F• � 64477- •e7 f / vi NQS•2543 _� / SIR.?• / .. _ \ 1 R.220' . 7•oct4e. �/ / ••y 4.37.3437- 7.727.07 >• L•/77.00' / • , R•/3o' I L•/!$i7 I_--4.re:• A 1 `7-•41!00' Nde•441-;9•W j'=°?48.2--, --r•ns 0' to .�-''.•L•/344.2' i 3003' , Hirt i...m.so h 7n Cs - R•/EO' Tr 7/.Ii' R• 0. r o ► 413 iso/e - 2.23.ter C L./57/7' 44.141• 1 7.3 440 ', c,.nese' ..,./5t, k __ L 4.2.45' ° � 1� . 'f 6.413 Ac. 6r °R. froo4O, '�. wa sszr`i 1 b ,/vv., 2 'e 7• co 7e' 4b•>..r,0-.,- i..- f:130' y.25.97 I 4,4-.,6.2.0- oo°�•/ d•!1.00'tt' �.�. 9 9 A c.Nat L•;7f.ie=. I �T.rss7 O c.?a �D' I L•/17./21' L+Ss. °, Iv o•te'44'E r'sc• // t a• ,� R.200' '/1 ofe.4' 4 d./2.24' ^/ trtb n•:• ..0000' O �y"'t`�'� •'\ \ R;e��se1• o r';� /`` IT.�e" M L' 04.44 v l V -lit 1 14,044040- • c.1o' 41 6 ..5Ac.6t: b i W o /8./3 Ac. G,- ;' �Q ` "',., 6.20Ac.Met 4I I '\ io o /708Ac.Nt. , i .b Y `, rr A `� T • r �I -!1.2.441 `� O ; 4,/�� .4-o ' O k, d•e•79'Je" 2L Na:[ e•s 7.330.2 r / ' 4.500 1 1 f 2 7..',0c-. i•o�sor • T• /2 t, --a•/41•!0, I •/f'cts.? -2.• L•O:aO'w -- /` .• 74 ,/. - \ -z�i is" - 1'572 `` {� e tf tl t! ems• tlr. j F i3-. / L•/oz/1 ��✓ �OS M Q , -- i8' I e•.a•.a te• .i el O 1244• 34044.. -/ , 200 --1•/Of.SS' n * i7•� IJ./7•OC-I 4•t["D3'K•" \ kt O h nRn ! ,�i.e.0. 0.443 2 �1 •aao. \ • r ;�/• /6.27 Ac. G� Z h vi v .•;18. /oo' •Oc '1.\.;°1:': A.��, T/05 e' • 4+:' ' /5. 78 Ac. A& 09 Ac. Gr �•.9et!lYbdl�St �� ` d. 2.5G Z ''i 7.06 Ac. Al/21:-/59 l- ''. ': ` : ` -.No�lo9 f 4co15 - 53!40' -? r /2573!' to •: ._ 853 zs" __�� ,;„5-0' e: •• i 2e 7`,j 24' �jio.Ste-+• n Mp..ne • _`� - -• t•f a:7 Easement lkrewed P.�_-sseL t'G I,.• N 0�4/ /I"E(No.Op/2 c 26770/ -',IS 354. or,--.•. !6L o0 170413 gni" ... /7�..r/ ke:+..Y. Ser 36 blUDICp4j toAfflt {+ING /MM. .