Grant of Easement 1980-257456 61 S0.257456
111 FILE/?:t.7.7.BOOK 19
' Fi INi•
RECORDED T OF
11CCIMMODATlON
L G /
s jl�{e gnsurance o.
RECORDING REQUESTED BY:
POWAY MUNICIPAL WATER DISTRICT Auc 13 9 us M 'B4
OFrcIAL RECORDS
AND WHEN RECORDED MAIL TO SAN DIEGO Gul.?:TY. GALT.
VERA L. LYLE
NAME Poway Municipal Water District RECORDER
STREET 12324 Oak Knoll Road
ADDRESS
CITY Poway
STATE Cal i forni a Fin
I. .oER:
ZIP ter re mding the
att.
NO FEE
92064 ter recording the et Cluj spec r for Recorder's use
rna r..-mintI
325516-R '• being recorded In
Title Order No. snnect,onw'it',•G.ov- NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 317-153-17 e,nment•i Agency tr.-
rswLon.
RANT OF EASEMENT
THE POMERADO GROUP, a limited partnership
(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 XXXXXXXXX
(.1AXXXXIXXXIX 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 _SA.D Di eg_o , State of California, and is more
particularly described as follows, to wit:
Lot 2 of Poway Shopping Plaza Unit No. 2, in the County of San Diego, State
of California, according to Map thereof No. 8564, filed in the Office of
the County Recorder of said San Diego County May 4, 1977.
FILE
:7/ Tie?) DOC. #, 355-
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1662
Said easement of right of way in the aforesaid lands is particularly described as follows:
SEE EXHIBIT "A" 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.
!.Ditnr55 !2f)rl'r0f, the GRANTOR has executed this Easement this 29th day of July ,
Executed in the Presence of:
THE '• ur...• GROUP, a limited partnership
Witness. BY: Pac.. is Scene, • . , general partner
By.: . �.
Witness. W slam D Fontana, Exec. ' e President
R/W No. 325516-R � �y tep en P. Delaney, Vice P.. ident
DRAWN BY
CHECKED BY
ACCT. NO. C-P03-291 -00
DATE JULY 24.. 1980/mb
BEC(C)—R/W(80)
•
1663
EXHIBIT "A"
All those portions of said Lot 2 described as follows:
Parcel 1 :
A strip of land 20.00 feet of even width, the sidelines of said 20.00 foot
wide strip of land being parallel with, and distant 8.00 feet to the left,
and 12.00 feet to the right, looking in the direction of the traverse, of
the following described line between the Point of Beginning and the point
hereinafter designated as Point "E", and being parallel with and distant
14.00 feet to the left, and 6.00 feet to the right, looking in the
direction of the traverse, of the following described line between said
Point "E" and the Southwesterly terminus of the following described line:
Beginning at a point on the Easterly line of said Lot 2, distant thereon
South 10°36'03" East 81 .50 feet from the most Northerly corner of said
Lot; thence North 55°36'03" West 22.97 feet to a point hereinafter referred
to as Point "A"; thence continuing North 55°36'03" West 26.44 feet; thence
South 79°23'57" West 18.56 feet to a point hereinafter referred to as Point
"B"; thence continuing South 79°23'57" West 161 .91 feet; thence South 64°50'22"
West 87.48 feet; thence South 62°08'37" West 65.61 feet to a point hereinafter
referred to as Point "C"; thence continuing South 62°08'37" West 285.66 feet;
thence South 17°08'37" West 5.34 feet to a point hereinafter referred to as
Point "D"; thence continuing South 17°08'37" West 38.50 feet to the Northeasterly
line of the Southwesterly 25.00 feet of said Lot 2; thence along said
Northeasterly line, South 27°51 '23" East 75.00 feet to Point "E" of this
description; thence South 62°08'37" West 25.00 feet to a point on the
Southwesterly line of said Lot 2, distant thereon South 27°51 '23" East 138.50
feet from the most Westerly corner of said Lot 2.
Parcel 2:
A strip of land 6.00 feet of even width, the center line of said 6.00
foot wide strip of land being described as follows:
Beginning at the point designated in Parcel 1 above as Point "A"; thence
South 34°23'57" West 25.00 feet.
Parcel 3:
•
A strip of land 10.00 feet of even width, the center line of said 10.00 foot
wide strip of land being described as follows:
Beginning at the point designated in Parcel 1 above as Point "B"; thence
North 10°36'03" West 24.50 feet.
---continued---
Page 1 of 2 R/W No. 325516-R
• •
1664
Exhibit "A" continued---
Parcel 4:
A strip of land 10.00 feet of even width, the center line of said 10.00
foot wide strip of land being described as follows:
Beginning at the point designated in Parcel 1 above as Point "C";
thence North 27°51 '23" West 15.00 feet.
Parcel 5:
A strip of land 10.00 feet of even width, the center line of said 10.00
foot wide strip of land being described as follows:
Beginning at the point designated in Parcel 1 above as Point "D";
thence North 72°51 '23" West 19.50 feet.
Page 2 of 2 R/W No. 325516-R
t
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1661 III
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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.
ill Witness Whereof,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
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
personally known to me to be the person whose name subscribed to the within Instrument, and duly
acknowledged to me that he executed the same.
/In Witness Whereof,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.
I
On_ July 29, 1980 . before me, the undersigned.
a Notary Public in and for said County and State, personally
Stehen P. Delaney
s appeared — . known to me to FOR NOTARY SEAL OR STAMP
A be the Vice President, and William D. Fontafl n
to me to be tt.he Exec. Vice. Presof _
c Pacific Scene, Inc. . the corporation that
ao executed the within instrument and known to me to be the persons
OFFIr1AL cr;t•
n who executed the within instrument on behalf of said corporation, y
8 said corporation being known to me to be one of the partners of . "*"""."k\ CHRISTIANA WAGNER
o Pomerado Group , the .4110;; NOTARY PUBLIC - CALIFORNIA
Ai SAN DIEGO COUNTY
t, p:rtnership that executed the within instrument, and acknowledged � 1
a to me tha such corporation executed the same as such partner r My comm. expires DEC 20. 1982
an. th •Ii partnership executed the same.
b
tvcnit,. _i_
— ,fes.
christia wagne
5 Name ?nted I
Notary Public in and or said County and State
1 1666
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Project: POWAY SHOPPING PLAZA UNIT 2
References: PLAT C .A.N. C-P03-291-00
of easements required by the R/W # 3255/6-R
Poway Municipal Water District Tax Par. 317-153-17
0Enoriestrinc3 corponstion Base Map 2
Scale: / "' foo' Date: JULY, 24, 1980
consultlna enQlneers I a•rcnitects
411
1667
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 29, 1980
from THE POMERADO GROUP, a limited partnership
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 7, 1980
POWAY MUNICIPAL WATER DISTRICT
By
Harry Ba ber, G eral Manager
(2-79)
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