Grant of Easement 1980-286894 1
"r 5 3 FILE/:'!...§10
4
- F� • BOOK 29
1t11f11t1 RECORDED REO;�:S►T OF
ATlON
• RECORDING REQUESTED BY:
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ani jile Ansurance �.
POWAY MUNICIPAL WATER DISTRICT SEP 5 IU 07 AM Igo
AND WHEN RECORDED MAIL TO
OFFICIAL RECOFtpS
NAME Poway Municipal Water District SAN DIECo '- . :Y CAL,-.
VERA ..YLE
t7 u SGY- 348 RECORDER
STREET
ADDRESS 12324 Oak Knoll Road
CITY Poway RECORDER:
STATE California 'troop make nochirR^ KO FE
ZIP 92064
for recore,ru the att-
ached
r This space for Recorder's use
echeE Instrument. It l
TS PIM( recoraea In
Title Order No. 325530-R connectronwun•aGov• NO DOCUMENTARY TRANSFER TAX NO FEE
d-Immiemal a(ency tra•
Tax Parcel No. 317-540 46
C. ct on.
GRANT OF EASEMENT
JOHN D. HATFIELD and L. JEAN HATFIELD, husband and wife as community property,
and CHARLES G. JACK and MARGARET JACK, husband and wife as joint tenants
(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 20,00
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 therefore,XARWAXXXIAXXL4KOVAIXAXXXAX44KAMIXXIXXXXIXAXXWAXXXXI
rXXCeP UtX XX4XxXXXXXXXXIXXXXI KIXXXlXX x XXX together with the right to use this easement for access to
GRANTEE's rights of way situated in adjacent lands, without any additional compensation therefore.
•1)4,X X 41XUXrXXXX Xta4XKAX )LX44X XJ(XiXXXIXX XiXtXX VOW X,X XXXXXXXXXXXX XX X X XtX/(ekietid JFXJa L X&Xd(J.X
AX4 Ww)c w
Said easement of right of way is particularly described as follows:
All that portion of the Southeast Quarter of the Southwest Quarter of Section 14,
Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San Diego,
State of California, more fully described in EXHIBIT "A" attached hereto and made
a part hereof.
FILE
C°C�rA2ma.K 10)3/4. DOC. , ` 3S7
. . • .
464
EXHIBIT "A"
All that portion of the Southeast Quarter of the Southwest Quarter of Section 14,
Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San
Diego, State of California, according to the United States Government Survey
approved September 11 , 1879, included within a strip of land 20.00 feet of even
width, the Westerly line of said 20.00 foot wide strip of land being described as
follows :
Commencing at a point which is 30.00 feet distant Northerly at right angles from
the center line of the 40.00 foot County Road to Poway, said point of commencement
bearing North 70°02'46" East, 1 ,005.15 feet from the intersection of the Southerly
line of said Section 14 with the center line of Mission Road 1 -A at Station 378 plus
70.9 as shown on Map thereof on file in the office of the Cou„ty Surveyor of
said San Diego County, being also the Southwest corner of land described in deed to
Everett Danielson, et ux, recorded October 16, 1940, in Book 1085, Page 127 of Official
Records ; thence parallel with and 30.00 feet Northerly, at right angles, to the
center line of said Poway Road, South 83°20'00" West, 267.37 feet to the Southeasterly
corner of that certain easement described in Parcel 2 in deed to J. Frank Zittell ,
et ux, recorded March 26, 1947, in Book 2374, page 80 of Official Records; thence
continuing South 83°20'00" West along said parallel line approximately 20.00 feet to
the Southeasterly corner of land described in deed to Roland H. E. Weichel , et ux,
recorded April 16, 1949, in Book 3162, Page 429 of Official Records; being the
TRUE POINT OF BEGINNING; thence North 00°43'00" East along the Easterly line thereof,
165.00 feet to the Southeasterly corner of land described in Parcel 1 in deed to
Allan V. Bonstel , et ux, recorded July 15, 1955, in Book 5717, page 55 of Official
Records; thence North 00°43'00" West along the Easterly line thereof, a distance of
20.17 feet.
R/W No. 325530-R
10
. 465
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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. p
jlil U.httirss U)Iltreol, the GRANTOR has executed this Easement this----/- ..day of..--- ---- • 19.Q_0__.
Execu in the Presence of-
Witness.
—‹!5-e--( t. --' .--4------(74: .J-
Witness.
4
325530-R "` � 17..CV
R/W No. ..A
DRAWN BY r Ai :;, • 41.
CHECKED BY •••
ACCT. NO. C-P03-296-00 00411
DATE May 28, 1980/mb jk,f—( ,:_4_ Q�d
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4:•,• , •
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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 U)tjtrtor,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 - tO(. �.Q }ss
On this l day of.... .. A.D., 19�°before me
a Notary.Ptiblic in and °n• the said county State, residing therein, duly commissioned and sworn, personally a peared
ak ./e. 4.6Velc.�!, ;h1, c A4ef SAF.4;..,i,�..le.�.s.�.(.�A P.. .r XcI JPAAA.? � . r/A:?`F!.t°Kel ` b'<.fk.lS�Eala
rlAifF.esid
personally known to me to be the person..�..whose name.S ,4 4 C subscribed to the within Instrument, and duly
acknowledged to me that 7het/ executed the same.
ill Witness 1I)ereoi,I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
„wYwwYnlmn•mn,•nlrwn,, . uumruun4m,
OFFICIAL SEAL
‘'.."'"' . PATRICIA J. GRIMM t
/ e: ' NOTARY PUBLIC CALIFORNIA E L+4l_/.,..�
PRINCIPAL OFFICE IN
1 SAN DIEGO COUNTY Notary Public in d for said County and State.
My Commission Expires Sept. 23, 1981 $
i
�I�ONMH111111YW .• ....1NN4NNYN•Y1NI1WYW4..r
CORPORATION FORM
STATE OF
County of as
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.
1111 U)itness /Mead,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.
•
467
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' � V A.. INDICATES WATER
5100OZ
LINE EASEMENT
Project: POWAY PALMS
References : PLAT C.A.N. C-P03- 096-CO
of easements required by the R/W # 325530-R
Poway Municipal Water District Tax Par. 3/7-540-2(
_1:3 BaEn�q�^ie r conaomtion Base Map 2
d
Scale: / 11- /00'
consulting engineers f architects Date: MAY 28,I9B0
i
11,
' - 468
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 August 18, 1980
from John D . Hatfield & L. Jean Hatfield and
Charles G. Jack & Margaret Jack
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 25, 1980
POWAY MUNICIPAL WATER DISTRICT
By
Harry Barber, G e al Manager
(2-79)