Grant of Easement 1980-270839 • *302 •
0-20539
RECORDING REQUESTED BY: FILE/PAGE MO
BOOK 1980
POWAY MUNICIPAL WATER DISTRICT RECORDED REQUEST OF
TRANSAMERICA TITLE CO.
AUG 2 5 8:00 AM '80
AND WHEN RECORDED MAIL TOOff1Ci .
RECORDS
NAME Poway Municipal Water District M DIEGO Y UAL
YE>al L LYI�
STREET � / MOWER
ADDRESS 123/ Oak Knoll Road
CITY Poway NO
STATE California
ZIP 92064 This space for Recorder's use
Title Order No. 27863 NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 278-180-39
GRANT OF EASEMENT
A. C. EDDY and ELIZABETH B. EDDY; 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 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,
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 Di ego , State of California, and is more
particularly described as follows, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
s �rn;-\h WA er vu &'t
. Ceclazi.t,
FILE
CC'. Ott QRW2.m4-rIc y. DOC. # 3( o
• •
1303
Said easement of right of way in the aforesaid lands is particularly described as follows:
SEE EXHIBIT "B" 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
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 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. /71
31n Witnrss Mrttlf, the GRANTOR has executed this Easement this_____C_: __ __day of� ��> I� , l9(
Executed in the Presence of:
Witness. /(1 _
Witness.
R/W No. 27863 ��/7
DRAWN BY
. car(
CHECKED BY
ACCT. NO. C-P03-304-00
DATE July 18, 1980/mb
BEC(C)—R/W(80)
•
1304
EXHIBIT "A"
That portion of the South Half 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 Official Plat thereof,
described as follows:
Beginning at the Northwest corner of the Southeast Quarter of the Southwest
Quarter of Section 32; thence along the North line thereof South 89°41 '40"
East 180.62 feet to the Northwest corner of the land described in Deed to
Edward Fellows, Jr. , et ux. Recorded June 6, 1961 Recorder's File No. 97163
of Official Records; thence along Westerly boundary of said land as follows:
South 0°32'10" East 210.89 feet; South 88°53'50" East 112.67 feet (record
South 88°34'10" East 112.64 feet) ; and South 1 °26 '14" West 467.49 feet (record
South 1°25'50" West 467.61 feet) to the South line of the Northwest Quarter
of the Southeast Quarter of said Southwest Quarter, being point "A" of this
description; thence along said South line North 89°56'00" West 296.55 feet
to the Southwest corner thereof; thence along the South line of the Northeast
Quarter of the Southwest Quarter of said Southwest Quarter, North 89°56' 36"
West 168.66 feet to the TRUE POINT OF BEGINNING; thence retracing the last
2 courses South 89°56'36" East 168.66 feet and South 89°56'00" East 296.55
feet to said Point "A"; thence North 1°26'14" East 10 feet to the North line
of the Southerly 10 feet of said Northwest Quarter of the Southeast Quarter
of the Southwest Quarter; thence Westerly along said North line, to and along
the North line of the Southerly 10 feet of said Northeast Quarter of the
Southwest Quarter of the Southwest Quarter, to a line which bears North 0°48'00"
West from the TRUE POINT OF BEGINNING; thence North 0°48'00" West to a point
distant North 0°48'00" West 85.17 feet from said true point of beginning;
thence North 89°36' West 309.81 feet; thence North 39°31 '10" West 63.84 feet;
thence North 70°26'30" West 82.43 feet; thence South 89°18'10" West 87.71 feet
to the West line of said Northeast Quarter of the Southwest Quarter of the
Southwest Quarter; thence along said West line South 0°23'57" West to the
Southwest corner of said Northeast Quarter of the Southwest Quarter of the
Southwest Quarter; thence Easterly along the South line thereof to the
TRUE POINT OF BEGINNING.
R/W No. 27863
13 •
05
EXHIBIT "B"
All that portion of the property described in said Exhibit "A"
included within a strip of land 40.00 feet of even width, the Northeasterly
and Northerly 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;
thence along the Westerly boundary of said Parcel 3, South 0°23'57" West
85.48 feet to the TRUE POINT OF BEGINNING; thence South 49°16'15" East 115.06
feet to an angle point in the Southerly boundary of said Parcel 3, said angle
point being the Easterly terminus of that certain course in said Southerly
boundary which is designated on said Parcel Map No. 9508 as "North 89°13'39"
East 87.75 feet"; thence along said Southerly boundary as follows: South
70°27'23" East 82.52 feet; South 39°27'28" East 63.77 feet; and South 89°36'25"
East 309.99 feet.
R/W No. 27863
• • • 13060
NW CORNER PAR I
2
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.h1.9= PARCEL 3
°4 -- S 86 56 20 E 5894002E
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NCENTER OF SW%4
of SW74 SEG. 32
T. 135.,R. I W.
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N
SECTION 32 _
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T. /3 S., R. I W. Ili
N
V.A.. /ND/CATES WATER LINE EASEMENT
Project: EX TENS/ON FOR T. PM. 13793
References : PLAT C.A.N. C-P03-304-00
of easements required by the R/W # 27863
Poway Municipal Water District Tax Par. 278-180-39
smite Enoryeerina Ca a ration Base Map 3
Date: JULY 18, 1980
Scale: / ".. l00 consulting engineers i srcnuacts
•
• 13070
PARTNERSHIP FORM
STATE OF ss
County of 1111
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.
311 �1litne55 DMICIcot,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.. 3 /�•� }.ss
County of..., �!/ /.
On this ,1. day of /4-74/‘71-4;i- A.D., 19d 3 before me.....���� A.....a- /-
a Notary Public An and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
personally known to me to be the person j...whose name ,9i2 subscribed to the within Instrument, and duly
acknowledged to me that hey executed the same.
�Il �)itne55 V.)1)1110f,I have hereunto set my hand and affixed my official seal the day and year in this certificate first
above written.
4.t."1•••••27::
OFFICIAL SEAL
"P • JACK BENT r J� ��
.la;rr• NOTARY PUBLIC—CALIFORNIA �{ ��� ...•�i.,�—N 1
' : PRINCIPAL OFFICE IN
Notary Public in and for said County and State.
$AN DIEGO COURT'
My Cc:.imissfon Expires Feb. 2, 1981
CORPORATION 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 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.
J11Witness /berfoi,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.
1308 •
.
CERTIFICATE OF ACCEPTANCE
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 8/13/80
from A . C . Eddy and Elizabeth B. Eddy
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 Barber , eneral Manager
(2-79)