Grant of Easement 1980-307743 dpi 3 7 •
TRAD'SAMERICA TITLE INSURANCE CO.
O-307743
RECORDING REQUESTED BY: FILF/PAGE NO
BOOK 1980
POWAY MUNICIPAL WATER DISTRICT RECORDED REQUEST OF
TRASSAMERICA TITLE CO.
AND WHEN RECORDED MAIL TO SEP 2 3 8:00 AM'80
OFFICIAL RECORDS
NAME Poway Municipal Water SAN DIEGO COUNTY, GLS.
STREET District VERA L. LYLE
ADDRESS 12324 Oak Knoll Road RECORDER NO FEC
CITY Poway
STATE California
ZIP 92064 This space for Recorder's use
Title Order No. 27864 NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No.
GRANT OF EASEMENT
DON S. McHARGUE and NANCY K. McHARGUE, husband and wife as joint tenants
(hereinafter "GRANTOR") hereby grants to.__P.QdAY MUNICIPAL WATER DISTRICT, a public corporation
(hereinafter "GRANTEE"), its successors, or assigns, the following described easement for a right of way XXXXXXXXXXX
f(dGXJ6XJ4J9i8( 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.DJEga , State of California, and is more
particularly described as follows, to wit:
Parcel 3 of Parcel Map No. 9508, being a division of the South one-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, filed in the Office
of the County Recorder of said San Diego County December 20, 1979 as File No.
79-531932 of Official Records.
SCA;'\h wCoex- "R")
1pA \ (*4-2111 Av , 1 c))-7 50 (Tplyk 14,1,9a79 (PceU TPat 13/93)
C 312 I
•
1438
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 wartants and represents that GRANTOR has the power to grant this easement in accordance with
its terms.
31n Witness /1.41OffOf, the GRANTOR has executed this Easement this.-__l�th.__._.cby of.__S..epttembar__ , 19_$0_.-.
Exe9xied in the Presence of: 1.
e �� S. Th
..
,�Witness.
2/7,:14,1
Witness.
R/W No. 27864
DRAWN BY
CHECKED BY
ACCT. NO. C P03 301 00
DATE July 17, 1980/mb
BEC(C)—R/W(80)
• 1439 •
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.
.Mn Witness Df)el'MOf,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 California
County of ,S.an..Diego ss
On this 15thgyday of September A,D„ 19 80 before me - *luau E. Cobb
a 1�78Ttir1Te'"1n and for the said County and State, residing therein, duly commissioned and sworn, personally appeared
Don.S... .K'.L�iCHargue..>ti..>t..*.. .. .. .*..at.. ..*..it..*..*..*.. .. ... .. ..*..*..*..*
personally known to me to be the person..5..whose name..8..axe subscribed to the within Instrument, and duly
acknowledged to me that L heyi executed the same.
JIl Witness U)lJ'I'eOf,I have hereunto set my hand and : fixed my official seal the day and year in this certificate first
above written.
OFFICIAL SEAL
111
f SUSAN E. COBLE '
NOTARY PUBLIC CALIFORNIA Notary Public in and for said County and State.
;.A.• PRINCIPAL OFFICE Nr
SAN DIEGO COUNTS
my CGmmiss*.Expires AprIl 10.1961 •
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.
. n Witness //Thereof,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.
• 1441 .
EXHIBIT "A"
All that portion of said Parcel 3 described as follows:
Commencing at the Northwest corner of Parcel 3 of Parcel Map 9508
recorded on December 20, 1979 in the Office of the Recorder of said
County and State as File/Page No. 79-531982; thence South 0°23' 57"
West along the Westerly boundary of said Parcel 3 a distance of 85.48
feet to the TRUE POINT OF BEGINNING; thence South 49°16'15" East 115.06
feet to a point in the Southerly line of said Parcel 3, said point being
North 89°13'39" East 87.75 feet from the most Southwesterly corner thereof;
thence along said Southerly line South 89°13'39" West 60.38 feet; thence
North 49°16 '54" West 35.89 feet to a point in the Westerly line of said Parcel
3, being North 0°23' 57" East along said Westerly line 23.78 feet from
the most Southwesterly corner thereof; thence North 0°23'57" East along said
Westerly line 52.46 feet to the TRUE POINT OF BEGINNING.
R/W No. 27864
• i . . •
1441
NW CORNER
N PARCEL, .3 PAR. 2 G O S
oN9:I
_--- S 86.56'20'E 5894002'E
tri 420.07 _-- /20.00' -- -
40' NI. 1 ,
52 4/0 EX/5T POWAY M.WO. �
20'
r--- EASEMENT- REG.
FEB. 8. 1980, I l,
. F/P80-045227 I Qj
i //� -54916i5E PAR.
b I /, /15.06' I In -t'r)
/ PAR. 3 I c-\,3
4
L--
23.78~=-; 5 70-27'23"E
`� 82.52'
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539'2728E
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9) ,�Ln 03 \ t-"" S 89'36'25 E 309.99 --
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CENTER OF SW%4
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,\ SECT/ON 32 .
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r��/ .. /ND/CATES WATER LINE EASEMENT
Project: EXTENSION FOR TPM /3793
References : PLAT C.A.N. C-PO3-304-00
of easements required by the R/W # 27864
Poway Municipal Water District Tax Par. 278-180-58
my gouge Enainaehna c-cyporation Base Map 3
Scale: . - l00 consulting engineers 1 architects
Date: JULY 171980
. . .
411
1442
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 17 , 1980
from Don S . McHargue and Nancy K . McHargue , husband and
wife as joint tenants,
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 17 , 1980
POWAY MUNICIPAL WATER DISTRICT
By
Harry Barber, eneral Manager
(2-79)