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Grant of Easement 1980-270838 • 12 1111 &;0-2;0838 ti FILE/PAGE MO ._._— • RECORDING REQUESTED BY: BOO( 1980 RECORDED NEWEST OF POWAY MUNICIPAL WATER DISTRICT TRANSAMERICA TITLE CO. AUG 25 8.10 AM'80 AND WHEN RECORDED MAIL TO OFFMIR RECORDS NAME Poway Municipal Water District DI O`OlLn1 NIY EOM STREET 12324 Oak Knoll Road FEE ADDRESS No CITY Poway STATE California ZIP 92064 This splice for Recorder's use Title Order No. 27842 NO DOCUMENTARY TRANSFER TAX NO FEE Tax Parcel No. 323-190-74 GRANT OF EASEMENT JERRY LEE MORRIS and PHYLLIS JOAN MORRIS, Co-Trustees or Successor Trustees under Declaration of Trust dated June 22, 1972, and amended February 2, 1977, and as may be further amended from time to time, MARTIN A. LOTZ, a widower, RUSSELL L. DUNCAN and SHARON DUNCAN, husband and wife as joint tenants, BILLY J. DENDY and PATRICIA A. DENDY, husband and wife as community property ehere1nHfter "(1RANTOR") hereby grants to PO.WAY__MUNIUIPAL 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, 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, 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 Saf_Diega , State of California, and is more particularly described as follows, to wit: Parcel 1 of Parcel Map No. 9006, filed August 2, 1979 at File No. 323817 in the Office of the County Recorder of said County of San Diego, being a portion of the Southeast Quarter of the Northwest Quarter of Section 18, Township 14 South, Range 1 West, San Bernardino Meridian. b‘) assoc. F. V1, 'E T . FILE ,a),/ � DOG. # 3 5 9 • 1297 • Said easement of right of way in the aforesaid lands is particularly described as follows: The Northerly 20.00 feet of the Southerly 271 .00 feet of the Westerly 20.00 feet of the Easterly 111 .00 feet of said Parcel 1 . 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. 3In !TitnesS 1Thitrfof, the GRANTOR has executed this Easement this 15th day of July 19 80 Executed in the Presence of: SEE EXHIBIT "A" ATTACHED HERETO Witness. Witness. R/W No. 278:: ;0„ DRAWN BY CHECKED BY ACCT. NO. C-P03-080-00 DATE June 10, 1980/mb BEC(C)—R/W(80) . 411• 1298 • EXHIBIT "A" 406/ i I - ft/ . IL_,. L • . . . �� 1,v S E I j/ ' 'I'M , I-TR EE Ale 4A.A / / ( dw . A .,_. 7 ;:4--x/,616.e.noi,•,..., R SELL L. DUNCA SH RON DUNCAN //// // Of / 4gte-L2 1./C:xfir BYrs% NDY P TRICIA A. DENDY MI- IN A. LITZ ir R/W No. 27842 • 1299 STA OF CALIFORN be l✓- j } SS. �J COUNT OF 111 SAFECO I0 2. oe before me, to the dersign•ila Notary Public in and for said County a tate ;g personally appeared FOR NOTARY SEAL OR STAMP 6:9- • cc — _ , known to me w� OFFICIAL SEAL ° PATRICIA A. WALKER v to be the person__whose name ubscribed to the r r , CALIfO�f•A c within instru . nd acknowledged they executed the r _� NOTARY PUBLIC r f ,fk Principal Ottice.San Diego,a.Caftl. same. l (Z)deo - i � Mar.20. 1981� MyCommision Exp.4 � / '�GG�CCr � titi. . u) le i • GENERAL FORM STATE OF.. �t>!� K., ss County of.OF..; . . ..? L.��+.•< On this..../ day of... / A.D., 19 Q, before me Notary Pu tic in and for the said ►aunty end :te, residing therein, du commissioned.gnd a otn, s rally appeared .J/.LeI!1444,.. 1.4-44... iltt e-44 `,yl. �l !G t 04,.L i. 2f ,�,,� p � subscribed to a within Instrument, and duly known to me to_by thL person.Q..whose name„Q.....�-t-.r P ally acknowledged to me that.. executed the same. Mn Fitness TIlfrrof, I ave hereunto set my hand and affixed my official seal the day and year in this certificate first above written. vspeiniwwwwwsn OFFICIAL SEAL PATRICIA A. WALKER t w • I, NOTARY PUBLIC - CALIFORNIA ti .C'( �. !f �CZ� �i(„.a.) . C, • Principal Office,San Diego Co.Calif. L Notary Public in and for said County and State. 'r. My Commission Exp. Mar.20. 1981} • TO 1944 CA 18.741 • (Individual) i TITLE INSURANCE AND TRUST STATE OF CALIFORNIA ) A7KOII CONWAYUST } SS. COUNTY OFS' dal . Z 1 - On- 1J— q�Q ._before me, the undersigned, a Not y ublic in and for said State,t-ls--Lki%.. rally appeared (iZ��a�P� ->>.�tl�'y ed W - ---- resident re to ecretary a , known to me a. to be the persons—whose nameS Ana. _subscribed tent, on • to the within instrument and acknowledged tha ta^"1001°' OFFICIAL SEAL executed the same. 4� Elizabeth Jean Lawrence I 4, WITNESS my hand and official seal. :Jrt NOTARY PUBLIC CALIFORNIA 5 tee first " r PRINCIPAL OFFICE IN I 6ra,,> SAN DIEGO COUNTY '- My Commission Expires May 10, 1981 ����p■■ , ,. A1111111,11, i Iupuuupppmt01111111111� Signature (I hes area for official notarial seal) 1300 S SE Y4 OF NW/4 SECT/ON /8 T. /¢S., R. / W /// 91' V PAR i 0(9 Q 0)0 cr W °i 20 I N O N } to IT) PARCEL 2 -crfl0o./(0 Pm. 5782 Q o° o - PAR. 2 0 N N OO N N EXIST 20'POWAY M.W.O. N _..— ESMT. REG.JAN.//,1980, 5/P 80-0//275 O.R. /OO.IG -•� ' t I -- / O.I7-� ' ° POWAY h+ W Y ROAD N .. INDICATES WATER LINE EASEMENT Project: T.P. M. 15622 FH. EXT. References : PLAT C .A.N. C-PO3-080-00 C-PO3-278-00 of easements required by the R/W i 27842 Poway Municipal Water District Tax Par. 323-190- 74 0 Boyle Enolneetrx7 corpiarehbri Base Map 2 Scale: / r'= /00Date: JUNE /0, 1980 consuitlnq rtnglnaQrs I irchltects 410 411 . ^ 1301 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 15, 1980 from Jerry Lee Moris and Phyllis Joan Morris ; Martin A . Lotz; Russell L. Duncan and Sharon Duncan; Billy J. Dendy and Patricia A . Dendy. 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 18, 1980 POWAY MUNICIPAL WATER DISTRICT By Harry B ber, G eral Manager (2-79)