Grant of Easement 1980-307744 . . 04 3 •
TRANSAMERICA TITLE INSURANCE CO. SC-30744
RECORDING REQUESTED t3Y: FILE/PAGE NO
BOOK 1980
POWAY MUNICIPAL WATER DISTRICT TRECO ED RECATESTE OF OF
AND WHEN RECORDED MAIL TO SEP 2 3 8:00 AM '80
NAME Poway Municipal Water District OFFICIAL RECORDS
SAN DIEGO COUNTY, CALIF.
LYLE
STREET 12324 Oak Knoll Road YR,S /R/ R
C�
ADDRESS
Eif
CITY Poway NO FEE
STATE California
ZIP 92064 This space for Recorder's use•
Title Order No. 27946 NO DOCUMENTARY TRANSFER TAX NO FEE
Tax Parcel No. 314-032-29
GRANT OF EASEMENT
PATRICK J. THISTLE and JOANN M. THISTLE, husband and wife as joint tenants ,
and DANCOLE INC. , a California corporation
(hereinafter "GKA\"1'(11{") 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
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�l1dl►a�N \s GQSEmE0
FILE
CC, in. RR?MU-\R, . /%/. ) DOC.#<„
6uotilbri .,z/. 34,
a 1444
EXHIBIT "A"
That portion of the Southeast Quarter of the Southeast Quarter of Section 1 ,
Township 14 South, Range 2 West, San Bernardino Base and Meridian, in the
County of San Diego, State of California, according to United States
Government Survey approved November 19, 1880, described as follows:
Beginning at a point in the South line of said Section, distant along said
South line North 89°05'37" West, 171 .96 feet Westerly from the Southeast
corner of said Section, along said Point of Intersection of the Westerly
line of the 20 foot easement described in Deed to Bud McFeron, recorded August
10, 1953, in Book 4949, page 335 of Official Records; thence North 0°46 '47"
West, 463.65 feet to the Southeast corner of land described in Deed to
Dorothy Jeanne Appleby, et al , recorded March 29, 1962 as File No. 53353 of
Official Records; thence along the boundary of said Appleby land, North 0°46'47"
West, 306.29 feet, being Point "A" of this description thence North 89°05'37"
West, 216.12 feet to the TRUE POINT OF BEGINNING; thence retracing South
89°05'37" East 216.12 feet to the Easterly boundary of said Appleby land; thence
along the boundary of said Appleby land, North 0°46'47" West, 230.06 feet;
North 26°59'04" East, 227.32 feet; North 0°46'47" West, 67.36 feet; and North
89°00'42" West, 307.29 feet to a line that bears North 0°54'23" East from
the TRUE POINT OF BEGINNING; thence South 0°54'23" West, 501 .94 feet to the
TRUE POINT OF BEGINNING.
R/W No. 27946
• 1445 •
Said easement of right of way in the aforesaid lands is particularly described as follows
The Easterly and Southeasterly 40.00 feet of the property described in
said Exhibit "A".
GRANTOR, its heirs, successors, and assigns, shall not erect or construct or permit to be erected or constructed, any
building, structure soxi tpimecsa0}t 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 pipeli nes 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 77.7 with
its terms. .
�n WIlllfss )I)tifOf, the GRANTOR has executed this Easement this /0 day of Y_'tel}. 1$
by 7► ^
•
Executed in the Presence of Dot"'Co L c • *�`,�- ;
.r. ...�//... � .yyR
Witness. al...—.
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Witness.
R/W No. 27946
tp
DRAWN BY J,
CHECKED BY
ACCT. NO. C-P03-311 -00
DATE September 10, 1980/mb
BEC(C)-R/W(BO)
4*... •
1446
•
PARTNERSHIP FORM
STATE OF
County of sa
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 Whereof,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
AA
STATE OF.I°',�Or',ACT (11/61.r-
County of... am .'lA.S- .21 ss
On this // 41. .day of...,12.t.1/YY[.St!:�A.D., 19 a °before me c/ iv " ' DeGkZAIANa Notary ublic In and for the said y� d State, residing t rein, mrnis oned ewo r�onal y ppeared
la fai. ?...e...r 44.�o o e.C/2 •
person ly known to me to be the person.,?...whose name S subscribe to the within Instrument, and duly
acknowledged to me that heexecuted the same.
ill Witness Whereof,I have reunto set my hand and affixed my official seal the day and year in this certificate first
above written.
O. :;.+.: SEAL
ELVIRA P. OE GUZMAN C r( a' (72.,4,..e.,„7,.,
►• •s:_� VOTARY PUBLIC • CALIFORNIA Notary Public in and for said CoState.
\I Principal Office in 5.n;;ego County
My Commis:ion hp.0:t.22. 1982
i
‘.2a
I //fJ , CORPORATION FORM
•
STATE OF... .4-.�i.1�...,Ul.l1.'!!.P.k..—
County of. f as
((1� GG ,� F. /�� 6-u z�/A Al
On this....1/..rK, day of.� ••. .r:!'rKa�!!�rA.D., 19.P..Pbefore me 4I/.f/>� f
C� residing therein, dulycommissioned and sworn, personally appeared
a Notary Public in and f�he said unty and State,LA.
!C �O ...� known to me to be the President
and 1L �1'>r'Z* .. .!0��e� known to me to be the Secretary
of the t%0:2/1/ .G.D r •
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.
Mn Witness Whereof,I have hereunto set my hand and affixed my official seal the day and year in this certificate firs;
above written.
OFFICIAL SEAL �� 'HA-
�>tt' ELVIRA P. DE GUZMANc. ,yy�
(4,,."1...'...) N91ARY PUBLIC • CAUFORHIA ���� •I �. f'•{f Q
Plincipel Qltice in en Oleg°County Notary Public in and for said County State_
My Commissi.n bp.Oct.22. 1982
•
1447 0
•
I vI LOT 6
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--- N 89.0042-W 30729' -----�
r"...----..., EXIST. POWAY M.W D.
40 '''/4
20 EASEMENT
N0.4lo'47 W
\ ../.....„
�" 67.310'
1`M1 i /
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SE%4 OF SE '74 - ;?
I ` LOT 7
SEC. J F \ -; I
T. /4 S., N R. 2W. • o
* t° I
h \ %
O 40' I
N
� PI
5890537E h\`\
♦''---- 216,12' --- I
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3 Iia
INDICATES WATER 0 c ri
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LINE EASEMENT
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12
I 7
Project: EXTENSION FOR TPIII. /6239
References : PLAT C.A.N. C-P03-311-00
VESTING DEED 79.148895 of easements required by the ! R/W # 279460
Poway Municipal Water District Tax Par. 314-032- 29
0 Soule Engineering Caaradon' Base Map 2
Scale: / n SO0' consuRlnq engineers i ercnitects Date: SEPT. /0, 1980
• •
1448
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 datedSept. 10 , 1980
from Patrick J . Thistle and Joann M. Thistle , husband
and wife as joint tnenats , and Dancole Inc . , a California
corporation,
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, neral Manager
(2-79)