Grant of Easement 1980-292987 . Y
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TRANSAMERICA TITLE INSURANCE CO.
80;--2924387
RECORDING REQUESTED BY: FILE/PAGE NO
BOOK 1980
RECOEDT OF
POWAY MUNICIPAL WATER DISTRICT TRANS�AMEERICA�TITLE CO.
SEP 11 8:00 AM'80
AND WHEN RECORDED MAIL TO
OFFICIAL RECORDS
NAME Poway Municipal Water District SAN DIEGO COUNTY, CALIF.
0 0. VERA L LYLE
STREET RECORDER
ADDRESS 12324 Oak Knoll Road
CITY PowayNO FEE
STATE Caliornia
ZIP 92064 This space for Recorder's use
Title Order No. 27862 NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 278-180-12
GRANT OF EASEMENT
GORDON A. SMITH and EDNA B. SMITH, husband and wife as joint tenants
(hereinafter "GRANTOR ') hereby grants toPOWAY MUNICIPAL WATER DISTRICT, a public corporation
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way 40.00
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,
hut 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. XXX.X XXXWMAAAX XXrXr ro t 4iXAMX
XjaXX,X 1(d XA XIXXA MAXAUXX)Xp( ) A MA. 009(A4 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.
X%XXAAMIXXXXXXXIXWeW44XXXXXXXAXIMXWIXXIXXXXXXXAXXXXXXXXlitIlOWWWWWWAXA
X,XtXXXIYAXXXXXVtalX.VANX'X XXtX XXX
All that portion of the Northwest Quarter of the Southwest Quarter of the Southwest
Quarter of Section 32, Township 13 South, Range 1 West, San Bernardino Meridian, in
the County of San Diego, State of California , according to the Official Plat thereof
included within a strip of land 40.00 feet of even width, the Easterly line of said
40.00 foot wide strip of land being described as follows :
Commencing at the Northwest corner of Parcel 3 of Parcel Map No. 9508, filed
in the Office of the County Recorder of said San Diego County December 20, 1979,
being a point on the Easterly line of said Northwest Quarter of the Southwest Quarter
of the Southwest Quarter of Section 32; thence along said Easterly line, South 0°
23'57" West 137.94 feet to the TRUE POINT OF BEGINNING; thence retracing along
said Easterly line, North 0°23'57" East 58.00 feet.
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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. 74 Q
3hl Witness /Aunt, the GRANTOR has executed this Easement this ' day ,
Executed in the Presence of:
Witness.
Witness.
R!W No. 27862
DRAWN BY )" 1"
CHECKED BY
ACCT. NO. C-P03-304-00
DATE July 17, 1980/mb
BEC(C)—R/W(BO)
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WITNESS FORM
STATE OF CALIFORNIA, } ss
County of San Diego. J s
On this day of A.D., 19 before me
_____________
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a Notary Public in and(or the said County and State.residing;therein,duly commissioned and sworn,personally ap+�c�ared
known to me to be the person whose name
subscribed to the within instrument.as a Witness thereto,who being by me duly sworn,Depose and say
That he reside in and that he present and saw
. personally known to h to be the same person whose
name subscribed to the within and annexed Instrument,execute and deliver the same,and he acknowl edged
to said affiant that he executed the same;and that said affiant subscribed h name thereto as a Witness.
.31it UUitttrt;t; I111irrruf.1 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.. 44c.
County of...5 ..,11 4-in } ss
771
On this , day of...Aif,4aT A.D.,1924!.,before me,......,,.1./yL‹ t.T
a Notary Public in and for the said County and State, siding therein,duly commissioned and sworn,personally appeared
••••6•1 ).JR-Dag. 14 • Vr...fa....a. ty/77r
personally known to me to be thr--persttns...whose names /lee.-� to the within Instrument, and duly
y'
acknowledged to me that.......��l.he.y executed the same.
+ht 1t ihtrt;n 1111irrrnt. I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
OFFICIAL SEAL • / /
JACK BENT Notary ''`� in and fo unty and State.
'e' "NOTARY PUNOR—CALIFORNIA
• y' PRLNCIrAL OFNCL IN
SAN MECO COUNTY
My C.mmisslon Expires Feb. 2, 1941 -
CORPORATION FORM
•
STATE OF
County of ss
On this day of A.D., 19 before mc,
a Notary Public in and for the said County and State,residing therein,duly commissioned and sworn,personally appeared
known to mc 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.
_ ?lot Illititrtutt IOherruf. 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.
1 _110
411
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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 8/25/80
from Gordon A . Smith and Edna B. Smith
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: September 5, 1980
POWAY MUNICIPAL WATER DISTRICT
By
Harry Barber, General Manager
(2-79)
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52.46I EX/ST. POWAY M.W.D. 120
�" EASEMENT- REG.
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SECTION 32 .
T. 13 S., R. 1 W. ki
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M.. /ND/CA TES WATER LINE EASEMENT
Project: EXTENSION FOR 7.-PM. 13793
References: PLAT C.A.N. C-P03-304-00
of easements required by the R/W # 27862
Poway Munsmiteicipal Water District Tax Par. 278-180-12
icirEnc:„.leefing:,corporation Base Map 3
1� Date: JULY 17, 1980
Scale: ! = 100 consulting Q.,qi.,QQ,s srcnu.cts